http://www.legislation.gov.uk/ukpga/2008/29/section/127Planning Act 2008An Act to establish the Infrastructure Planning Commission and make provision about its functions; to make provision about, and about matters ancillary to, the authorisation of projects for the development of nationally significant infrastructure; to make provision about town and country planning; to make provision about the imposition of a Community Infrastructure Levy; and for connected purposes.texttext/xmlenStatute Law Database2026-08-04Expert Participation2026-07-24 Part 7Orders granting development consentChapter 1Content of orders<Emphasis>Compulsory acquisition</Emphasis>Statutory undertakers' land1271This section applies in relation to land (“statutory undertakers' land”) if—athe land has been acquired by statutory undertakers for the purposes of their undertaking,ba representation has been made about an application for an order granting development consent before the completion of the examination of the application, and the representation has not been withdrawn, andcas a result of the representation the Secretary of State is satisfied that—ithe land is used for the purposes of carrying on the statutory undertakers' undertaking, oriian interest in the land is held for those purposes.2An order granting development consent may include provision authorising the compulsory acquisition of statutory undertakers' land only to the extent that the Secretary of State is satisfied of the matters set out in subsection (3).3The matters are that the nature and situation of the land are such that—ait can be purchased and not replaced without serious detriment to the carrying on of the undertaking, orbif purchased it can be replaced by other land belonging to, or available for acquisition by, the undertakers without serious detriment to the carrying on of the undertaking.4Subsections (2) and (3) do not apply in a case within subsection (5).5An order granting development consent may include provision authorising the compulsory acquisition of a right over statutory undertakers' land by the creation of a new right over land only to the extent that the Secretary of State is satisfied of the matters set out in subsection (6). 6The matters are that the nature and situation of the land are such that—athe right can be purchased without serious detriment to the carrying on of the undertaking, orbany detriment to the carrying on of the undertaking, in consequence of the acquisition of the right, can be made good by the undertakers by the use of other land belonging to or available for acquisition by them.7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8In this section—“statutory undertakers” has the meaning given by section 8 of the Acquisition of Land Act 1981 (c. 67) and also includes the undertakers—which are deemed to be statutory undertakers for the purposes of that Act, by virtue of another enactment;which are statutory undertakers for the purposes of section 16(1) and (2) of that Act (see section 16(3) of that Act).9In the application of this section to a statutory undertaker which is a health service body (as defined in section 60(7) of the National Health Service and Community Care Act 1990 (c. 19)), references to land acquired or available for acquisition by the statutory undertakers are to be construed as references to land acquired or available for acquisition by the Secretary of State for use or occupation by the body.S. 127 in force at 1.3.2010 by S.I. 2010/101, art. 3(f) (with art. 6)Words in s. 127(1)(c) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 64(2); S.I. 2012/628, art. 7(a)S. 127(7) omitted (25.6.2013) by virtue of Growth and Infrastructure Act 2013 (c. 27), ss. 23(2)(c), 35(1); S.I. 2013/1124, art. 4(b) (with art. 6)Words in s. 127(2) substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 23(2)(a), 35(1); S.I. 2013/1124, art. 4(b) (with art. 6)Words in s. 127(5) substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 23(2)(b), 35(1); S.I. 2013/1124, art. 4(b) (with art. 6)S. 127(2)-(6) applied (with modifications) (29.10.2020) by The Southampton to London Pipeline Development Consent Order 2020 (S.I. 2020/1099), arts. 1, 25(11)(a) (with art. 25, Sch. 9 para. 36)