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Planning (Wales) Act 2026

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This is the original version (as it was originally enacted).

263Compulsory acquisition of land for planning purposes

This section has no associated Explanatory Notes

(1)A relevant local authority may acquire land in its area compulsorily if—

(a)it has the power to acquire the land by agreement under section 262, and

(b)the Welsh Ministers authorise it to acquire the land compulsorily.

(2)The Welsh Ministers must not authorise the acquisition of land under this section unless they are satisfied that there is a compelling case in the public interest for the land to be acquired compulsorily.

(3)The Welsh Ministers must not authorise the acquisition of an interest in Crown land under this section unless—

(a)the interest is held otherwise than by or on behalf of the Crown, and

(b)the appropriate Crown authority consents to the acquisition.

(4)Where a joint planning board may be authorised to acquire land under this section, section 13 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) (which provides that a local authority may be authorised to acquire new rights over the land) applies to the board as if it were a local authority to which that section applies.

(5)For the application of that section to a National Park authority, see paragraph 1(2) of Schedule 8 to the Environment Act 1995 (c. 25).

(6)Where the Welsh Ministers have the power to authorise a relevant local authority to acquire land under this section, they may instead authorise another local authority to acquire the land.

(7)Before doing so, the Welsh Ministers must consult each relevant local authority in whose area the land is situated.

(8)The Acquisition of Land Act 1981 (c. 67) applies to the acquisition of land under this section.

(9)Where a compulsory purchase order authorising the acquisition of land under this section is submitted to the Welsh Ministers in accordance with Part 2 of that Act, they may disregard an objection to the order if they consider that it amounts in substance to an objection to a policy in the development plan specifically relating to the development or use of that or any other land.

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