(1)An order granting development consent may include provision authorising the compulsory acquisition of land only if the [F1Secretary of State] is satisfied that the conditions in subsections (2) and (3) are met.
(2)The condition is that the land—
(a)is required for the development to which the development consent relates,
(b)is required to facilitate or is incidental to that development, or
(c)is replacement land which is to be given in exchange for the order land under section 131 or 132.
(3)The condition is that there is a compelling case in the public interest for the land to be acquired compulsorily.
Textual Amendments
F1Words in s. 122(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 62; S.I. 2012/628, art. 7(a)
Commencement Information
I1S. 122 in force at 1.3.2010 by S.I. 2010/101, art. 3(f) (with art. 6)