Search Legislation

Housing and Planning Act 2016

Status:

This is the original version (as it was originally enacted).

Disputes

199Objection to division of land

(1)Schedule 17 contains amendments about objecting to the division of land following a notice to treat under section 5 of the Compulsory Purchase Act 1965.

(2)Schedule 18 contains amendments about objecting to the division of land following a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981.

200Objection to division of land: blight notices

(1)The Town and Country Planning Act 1990 is amended as follows.

(2)In section 153 (reference of objection to Upper Tribunal), after subsection (4) insert—

(4A)Where the effect of a blight notice would be a compulsory purchase to which Part 1 of the Compulsory Purchase Act 1965 applies, the Upper Tribunal may uphold an objection on the grounds mentioned in section 151(4)(c) only if it is satisfied that the part of the hereditament or affected area proposed to be acquired in the counter-notice—

(a)in the case of a house, building or factory, can be taken without material detriment to the house, building or factory, or

(b)in the case of a park or garden belonging to a house, can be taken without seriously affecting the amenity or convenience of the house.

(3)In section 166 (saving for claimant’s right to sell whole hereditament etc.)—

(a)in subsection (1) omit paragraph (b) (and the “or” before it);

(b)omit subsection (2).

201Power to quash decision to confirm compulsory purchase order

In section 24 of the Acquisition of Land Act 1981 (powers of the court), after subsection (2) insert—

(3)If the court has power under subsection (2) to quash a compulsory purchase order it may instead quash the decision to confirm the order either generally or in so far as it affects any property of the applicant.

202Extension of compulsory purchase time limit during challenge

(1)After section 4 of the Compulsory Purchase Act 1965 (time limit for giving notice to treat) insert—

4AExtension of time limit during challenge

(1)If an application is made under section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 4 is to be extended by—

(a)a period equivalent to the period beginning with the day the application is made and ending on the day it is withdrawn or finally determined, or

(b)if shorter, one year.

(2)An application is not finally determined for the purposes of subsection (1)(a) if an appeal in respect of the application—

(a)could be brought (ignoring any possibility of an appeal out of time with permission), or

(b)has been made and not withdrawn or finally determined.

(2)After section 5A of the Compulsory Purchase (Vesting Declarations) Act 1981 (time limit for general vesting declaration) insert—

5BExtension of time limit during challenge

(1)If an application is made under section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 5A is to be extended by—

(a)a period equivalent to the period beginning with the day the application is made and ending on the day it is withdrawn or finally determined, or

(b)if shorter, one year.

(2)An application is not finally determined for the purposes of subsection (1)(a) if an appeal in respect of the application—

(a)could be brought (ignoring any possibility of an appeal out of time with permission), or

(b)has been made and not withdrawn or finally determined.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources