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Town and Country Planning Act 1971

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192Scope of these provisions

(1)The provisions of sections 193 to 207 of this Act shall have effect in relation to land which—

(a)is land indicated in a structure plan in force for the district in which it is situated either as land which may be required for the purposes of any functions of a government department, local authority or statutory undertakers, or of the National Coal Board, or as land which may be included in an action area; or

(b)is land allocated for the purposes of any such functions by a local plan in force for the district or is land defined in such a plan as the site of proposed development for the purposes of any such functions ; or

(c)is land indicated in a development plan (otherwise than by being dealt with in a manner mentioned in the preceding paragraphs) as land on which a highway is proposed to be constructed or land to be included in a highway as proposed to be improved or altered; or

(d)is land on or adjacent to the line of a highway proposed to be constructed, improved or altered, as indicated in an order or scheme which has come into operation under the provisions of Part II of the Highways Act 1959 relating to trunk roads or special roads or as indicated in an order which has come into operation under section 1 of the Highways Act 1971, being land in relation to which a power of compulsory acquisition conferred by any of the provisions of Part X of the said Act of 1959 or Part III of the said Act of 1971 (including a power compulsorily to acquire any right by virtue of section 47 of the said Act of 1971) may become exercisable, as being land required for purposes of construction, improvement or alteration as indicated in the order or scheme; or

(e)is land shown on plans approved by a resolution of a local highway authority as land comprised in the site of a highway as proposed to be constructed, improved or altered by that authority; or

(f)is land on which the Secretary of State proposes to provide a trunk road or a special road and has given to the local planning authority written notice of his intention to provide the road, together with maps or plans sufficient to identify the proposed route of the road; or

(g)is land in the case of which—

(i)there is in force a compulsory purchase order made by a highway authority in the exercise of highway land acquisition powers and providing, by virtue of section 47 of the Highways Act 1971, for the acquisition of a right or rights over that land; and

(ii)the highway authority have power to serve, but have not served, notice to treat in respect of the right or rights ;

(h)is land indicated by information published in pursuance of section 31 of the Housing Act 1969 as land which a local authority propose to acquire in the exercise of their powers under Part II of that Act (general improvement areas); or

(i)is land authorised by a special enactment to be compulsorily acquired, or land falling within the limits of deviation within which powers of compulsory acquisition conferred by a special enactment are exercisable; or

(j)is land in respect of which a compulsory purchase order is in force, where the appropriate authority have power to serve, but have not served, notice to treat in respect of the land.

(2)Paragraph (a) of subsection (1) of this section shall not apply to land situated in a district for which a local plan is in force, where that plan—

(a)allocates any land in the district for the purposes of such functions as are mentioned in that paragraph; or

(b)defines any land in the district as the site of proposed development for the purposes of any such functions.

(3)Interests qualifying for protection under these provisions are either—

(a)interests in hereditaments or parts of hereditaments; or

(b)interests in agricultural units or parts of agricultural units.

(4)An interest in the whole or part of a hereditament shall be taken to be an interest qualifying for protection under these provisions if, on the date of service of a notice under section 193 of this Act in respect thereof, either—

(a)the annual value of the hereditament does not exceed such amount as may be prescribed for the purposes of this paragraph by an order made by the Secretary of State, and the interest in question is the interest of an owner-occupier of the hereditament; or

(b)in a case not falling within the preceding paragraph, the interest in question is the interest of a resident owner occupier of the hereditament.

(5)An interest in the whole or part of an agricultural unit shall be taken to be an interest qualifying for protection under these provisions if, on the date of service of a notice under section 193 of this Act in respect thereof, it is the interest of an owner-occupier of the unit.

(6)In this section and in the said sections 193 to 207 "these provisions " means the provisions of this section and of those sections, "the specified descriptions" means the descriptions contained in subsection (1)(a) to (j) of this section and "blight notice " means a notice served under section 193 or 201 of this Act.

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