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Planning Act 2008

Sections 128 and 129: Local authority and statutory undertakers’ land: general / Local authority and statutory undertakers’ land: acquisition by public body

224.Section 128 specifies the circumstances in which an order granting development consent that authorises the compulsory purchase of land belonging to a local authority or statutory undertakers is to be subject to special Parliamentary procedure. If a representation has been made by the local authority or statutory undertakers about an application for such an order and this has not been withdrawn, any order allowing compulsory acquisition would be subject to special Parliamentary procedure. The special Parliamentary procedure, and the system which governs it, is contained in the Statutory Orders (Special Procedure) Acts 1945 and 1965. Section 129 provides that the procedure does not apply where the person who would acquire the land is one of the public bodies listed in subsection (1).

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