266Appropriation of land held for planning purposes(1)

A local authority may appropriate land to which this section applies for any purpose for which the authority is or may be authorised in any capacity to acquire land by or under any enactment not contained in this Part or in Chapter 5 of Part 3 of the Historic Environment Act (acquisition of buildings of special architectural or historic interest).

(2)

But a local authority may not appropriate land under this section without the consent of the Welsh Ministers if—

(a)

the land is or forms part of a common, or previously was or formed part of a common, and

(b)

the authority holds or manages the land in accordance with a local Act.

(3)

The Welsh Ministers may give consent—

(a)

in relation to a particular appropriation or appropriations of a particular description;

(b)

either unconditionally or subject to conditions.

(4)

Before appropriating land that is or forms part of an open space under this section, a local authority must—

(a)

publish a notice of its intention to do so for at least 2 consecutive weeks in a newspaper circulating in its area, and

(b)

consider any objections to the proposed appropriation that are made to it.

(5)

Subsections (4) to (6) of section 264 apply in relation to an appropriation of land under this section as they apply in relation to an appropriation under that section.