Part 7

Orders granting development consent
Chapter 1

Content of orders

Compulsory acquisition

Application of compulsory acquisition provisions
125
1
This section applies if an order granting development consent includes provision authorising the compulsory acquisition of land.
2
Part 1 of the Compulsory Purchase Act 1965 (c. 56) (procedure for compulsory purchase) applies to the compulsory acquisition of land under the order—
a
as it applies to a compulsory purchase to which Part 2 of the Acquisition of Land Act 1981 (c. 67) applies, and
b
as if the order were a compulsory purchase order under that Act.
3
Part 1 of the Compulsory Purchase Act 1965, as applied by subsection (2), has effect with the omission of the following provisions—
a
section 4 (time limit for exercise of compulsory purchase powers);
b
section 10 (compensation for injurious affection);
c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In so far as the order includes provision authorising the compulsory acquisition of land in Scotland—
a
subsections (2) and (3) do not apply, and
b
the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42) (“the 1947 Act”) applies to the compulsory acquisition of that land under the order as if the order were a compulsory purchase order as defined in section 1(1) of that Act.
5
The 1947 Act, as applied by subsection (4), has effect with the omission of the following provisions—
a
Parts 2 and 3 of the First Schedule (compulsory purchase by Ministers and special provisions as to certain descriptions of land);
b
section 116 of the Lands Clauses Consolidation (Scotland) Act 1845 (c. 19) (time limit for exercise of compulsory purchase powers) (that section being incorporated into the 1947 Act by paragraph 1 of the Second Schedule to the 1947 Act).
6
Subsections (2) to (5) are subject to any contrary provision made by the order granting development consent.
S. 125 in force at 1.3.2010 by S.I. 2010/101, art. 3(f) (with art. 6)
S. 125(3)(c) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 16 para. 17; S.I. 2016/733, reg. 3(j)