Section 131: Commons, open spaces etc: compulsory acquisition of land
226.This section applies to an order granting development consent which authorises the compulsory purchase of land forming part of a common, open space or fuel or field garden allotment, where this acquisition does not involve the acquisition of a new right over that land. This section specifies that such an order will be subject to special Parliamentary procedure unless the Secretary of State is satisfied either that:
replacement land has been or will be given in exchange and that it will be subject to the same rights, trusts and incidents; or
the land being acquired does not exceed 200 square metres, or is required for the widening or drainage of an existing highway, or partly for the widening and partly for the drainage of such a highway, and the giving of land in exchange for it is unnecessary.
Any replacement land must be no less in area than the land being compulsorily acquired and must be no less advantageous.
227.If the Secretary of State proposes to issue a certificate confirming she is satisfied of the matters outlined above, she must follow the procedures set out in subsection (6). If the Secretary of State issues a certificate, she must follow the procedures set out in subsection (10).
