262Acquisition of land by agreement for planning purposes(1)

A relevant local authority may acquire any land by agreement if the first or second condition is met.

(2)

The first condition is that the authority considers—

(a)

that the acquisition will facilitate development or improvement on, or in relation to, the land, and

(b)

that the development or improvement is likely to contribute to improving the economic, social, environmental or cultural well-being of the authority’s area.

(3)

The second condition is that the land is required for a purpose that it is necessary to achieve in the interests of the proper planning of the authority’s area.

(4)

Where a relevant local authority has the power to acquire land under subsection (1) (the “primary land”), the land that it may acquire by agreement includes—

(a)

any land adjoining the primary land that is required for carrying out works to facilitate the development or use of the primary land;

(b)

if the primary land forms part of a common, open space or allotment, any land that is required for giving in exchange for the primary land.

(5)

It does not matter who the relevant local authority proposes should carry out any activity, or achieve any purpose, mentioned in subsection (2), (3) or (4)(a) (and, in particular, it need not propose to carry out the activity or achieve the purpose itself).

(6)

Where a relevant local authority has the power to acquire land under subsection (1), the land that it may acquire by agreement includes land that is required for giving in exchange for land appropriated under section 264 (appropriation of land forming part of common or allotment).

(7)

Part 1 of the Compulsory Purchase Act 1965 (c. 56), except sections 4 to 8, 10 and 31, applies (so far as relevant) to the acquisition of land by agreement under this section.

(8)

In this Part “relevant local authority” means—

(a)

a county council or county borough council in Wales;

(b)

a National Park authority in Wales;

(c)

a joint planning board.