Planning Act 2008

Planning Act 2008

2008 CHAPTER 29

Commentary

Part 7, Chapter 1: Content of development consent orders

Section 132: Commons, open spaces etc: compulsory acquisition of rights over land

228. This section applies to an order granting development consent which authorises the compulsory acquisition of a new right over land forming part of a common, open space or fuel or field garden allotment. It provides that such an order granting development consent will be subject to special Parliamentary procedure unless the Secretary of State is satisfied either that:

a.

the land will be no less advantageous when burdened with the right to the persons mentioned in subsection (3);

b.

replacement land will be given in exchange and will be subject to the same rights, trusts and incidents; or

c.

the land over which the right is being acquired does not exceed 200 square metres, or the right is required in connection with the widening or drainage of an existing highway or in connection partly with the widening and partly with the drainage of such a highway, and the giving of land in exchange for it is unnecessary.

229. If the Secretary of State proposes to issue a certificate confirming she is satisfied of the matters outlined above, she must follow the procedures set out in subsection (6). If the Secretary of State issues a certificate she must follow the procedures set out in subsection (10).