PART 10ACQUISITION AND APPROPRIATION OF LAND FOR PLANNING PURPOSES ETC.

Removal of restrictions on use of open spaces, burial grounds etc.

274Meaning of “relevant acquisition” and “relevant appropriation”

(1)

For the purposes of sections 275 to 277, a “relevant acquisition” takes place where—

(a)

a local authority or the Welsh Ministers—

(i)

acquire land under this Part or Part 11 or under Chapter 5 of Part 3 of the Historic Environment Act, or

(ii)

acquire land in Wales compulsorily under any other enactment;

(b)

an English local authority or a government department other than the Welsh Ministers acquires land in Wales compulsorily under any enactment other than Part 9 or 10 of the Town and Country Planning Act 1990 (c. 8) or Chapter 5 of Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9);

(c)

a statutory undertaker acquires land in Wales compulsorily under any enactment.

(2)

For the purposes of sections 275 to 277, a “relevant appropriation” takes place where land is appropriated by a local authority for planning purposes.

(3)

For the application of sections 275 to 277 to certain other land, see—

(a)

section 54 of the Civil Aviation Act 1982 (c. 16) (land acquired by agreement by the Secretary of State, the Civil Aviation Authority or an air traffic licensee);

(b)

section 59(6) of the Airports Act 1986 (c. 31) (land acquired by agreement by a relevant airport operator);

(c)

paragraph 3 of Schedule 4 to the Communications Act 2003 (c. 21) (land acquired compulsorily by an electronic communications code operator);

(d)

paragraph 86A of Schedule 4 to the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) (land held by an NHS foundation trust);

(e)

section 159(7) of the National Health Service (Wales) Act 2006 (c. 42) (land held by the Welsh Ministers for the purposes of the health service) and paragraph 32 of Schedule 3 to that Act (land held by an NHS trust);

(f)

section 211(8) of the National Health Service Act 2006 (c. 41) (land in Wales held by the Secretary of State for the purposes of the health service in England) and paragraph 32 of Schedule 4 to that Act (land in Wales held by an NHS trust in England).

(4)

In subsection (1)—

(a)

“English local authority” means—

(i)

a local authority, within the meaning given by section 336(1) of the Town and Country Planning Act 1990, for an area in England, or

(ii)

a National Park authority for a National Park in England;

(b)

“statutory undertaker” includes an electricity licensee only if the licensee is entitled to exercise a power conferred by Schedule 3 to the Electricity Act 1989 (c. 29) (compulsory acquisition of land by licensees).