PART 7

Compulsory purchase etc

Power to override easements and other rights

Power to override easements and other rights
203
1
A person may carry out building or maintenance work to which this subsection applies even if it involves—
a
interfering with a relevant right or interest, or
b
breaching
i
a restriction as to the user of land arising by virtue of a contract , or
ii
an obligation under a conservation covenant.
2
Subsection (1) applies to building or maintenance work where—
a
there is planning consent for the building or maintenance work,
b
the work is carried out on land that has at any time on or after the relevant day —
i
become vested in or acquired by a specified authority or a specified company acting on behalf of a specified authority, or
ii
been appropriated by a local authority for planning purposes as defined by section 246(1) of the Town and Country Planning Act 1990,
c
the authority could acquire the land compulsorily for the purposes of the building or maintenance work, and
d
the building or maintenance work is for purposes related to the purposes for which the land was vested, acquired or appropriated as mentioned in paragraph (b).
3
Subsection (1) also applies to building or maintenance work where—
a
there is planning consent for the building or maintenance work,
b
the work is carried out on other qualifying land,
c
the qualifying authority in relation to the land could acquire the land compulsorily for the purposes of the building or maintenance work, and
d
the building or maintenance work is for purposes related to the purposes for which the land was vested in, or acquired or appropriated by, the qualifying authority in relation to the land.
4
A person may use land in a case to which this subsection applies even if the use involves—
a
interfering with a relevant right or interest, or
b
breaching
i
a restriction as to the user of land arising by virtue of a contract , or
ii
an obligation under a conservation covenant.
5
Subsection (4) applies to the use of land in a case where—
a
there is planning consent for that use of the land,
b
the land has at any time on or after the relevant day —
i
become vested in or acquired by a specified authority or a specified company acting on behalf of a specified authority , or
ii
been appropriated by a local authority for planning purposes as defined by section 246(1) of the Town and Country Planning Act 1990,
c
the authority could acquire the land compulsorily for the purposes of erecting or constructing any building, or carrying out any works, for that use, and
d
the use is for purposes related to the purposes for which the land was vested, acquired or appropriated as mentioned in paragraph (b).
6
Subsection (4) also applies to the use of land in a case where—
a
there is planning consent for that use of the land,
b
the land is other qualifying land, and
c
the qualifying authority in relation to the land could acquire the land compulsorily for the purposes of erecting or constructing any building, or carrying out any works, for that use, and
d
the use is for purposes related to the purposes for which the land was vested in, or acquired or appropriated by, the qualifying authority in relation to the land.
7
Land currently owned by a specified authority is to be treated for the purposes of subsection (2)(c) or (5)(c) as if it were not currently owned by the authority.
8
Land currently owned by a qualifying authority is to be treated for the purposes of subsection (3)(c) or (6)(c) as if it were not currently owned by the authority.
9
Nothing in this section authorises an interference with—
a
a right of way on, under or over land that is a protected right, or
b
a right of laying down, erecting, continuing or maintaining apparatus on, under or over land if it is a protected right.
10
Nothing in this section authorises—
a
an interference with a relevant right or interest annexed to land belonging to the National Trust which is held by the National Trust inalienably, ...
b
a breach of a restriction as to the user of land which does not belong to the National Trust—
i
arising by virtue of a contract to which the National Trust is a party, or
ii
benefiting land which does belong to the National Trust , or
c
a breach of an obligation under a conservation covenant owed to the National Trust.
11
For the purposes of subsection (10)—
a
“National Trust” means the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907, and
b
land is held by the National Trust “inalienably” if it is inalienable under section 21 of the National Trust Act 1907 or section 8 of the National Trust Act 1939.
S. 203 in force at 13.7.2016 by S.I. 2016/733, reg. 3(m)
S. 203 restricted (23.9.2016) by The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 (S.I. 2016/863), art. 1, Sch. 9 para. 23(1)
Words in s. 203(2)(b) substituted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 37(2)(a), 46(1); S.I. 2017/767, reg. 2(i)
Words in s. 203(5)(b) substituted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 37(2)(c), 46(1); S.I. 2017/767, reg. 2(i)
Words in s. 203(2)(b)(i) inserted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 37(2)(b), 46(1); S.I. 2017/767, reg. 2(i)
Words in s. 203(5)(b)(i) inserted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 37(2)(d), 46(1); S.I. 2017/767, reg. 2(i)
S. 203 restricted (9.2.2021) by The A1 Birtley to Coal House Development Consent Order 2021 (S.I. 2021/74), art. 1, Sch. 11 para. 21(1) (with art. 5, Sch. 27 paras. 23(3), 36)
Words in s. 203(1)(b) renumbered as s. 203(1)(b)(i) (30.9.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 20 para. 5(2)(a) (with s. 144); S.I. 2022/48, reg. 5(d)
S. 203(1)(b)(ii) and word inserted (30.9.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 20 para. 5(2)(b) (with s. 144); S.I. 2022/48, reg. 5(d)
Words in s. 203(4)(b) renumbered as s. 203(4)(b)(i) (30.9.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 20 para. 5(2)(a) (with s. 144); S.I. 2022/48, reg. 5(d)
S. 203(4)(b)(ii) and word inserted (30.9.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 20 para. 5(2)(b) (with s. 144); S.I. 2022/48, reg. 5(d)
Word in s. 203(10)(a) omitted (30.9.2022) by virtue of Environment Act 2021 (c. 30), s. 147(3), Sch. 20 para. 5(3)(a) (with s. 144); S.I. 2022/48, reg. 5(d)
S. 203(10)(c) and word inserted (30.9.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 20 para. 5(3)(b) (with s. 144); S.I. 2022/48, reg. 5(d)
S. 203 restricted (4.11.2022) by The A47/A11 Thickthorn Junction Development Consent Order 2022 (S.I. 2022/1070), art. 1, Sch. 9 para. 67(1) (with arts. 4, 52, Sch. 9 para. 82)
S. 203 restricted (18.7.2023) by The Longfield Solar Farm Order 2023 (S.I. 2023/734), art. 1, Sch. 15 para. 71(1) (with art. 19)
S. 203 restricted (3.8.2023) by The Hornsea Four Offshore Wind Farm Order 2023 (S.I. 2023/800), art. 1, Sch. 9 Pt. 4 para. 4(1) (with arts. 42, 43, Sch. 9 Pt. 1 para. 4, Sch. 9 Pt. 3 para. 6(1), Sch. 9 Pt. 4 para. 20, Sch. 9 Pt. 9 para. 4) (as amended (31.1.2024) by S.I. 2024/117, art. 1(2), Sch.)
Pts. 6, 7: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)
S. 203 restricted (9.2.2024) by The A12 Chelmsford to A120 Widening Development Consent Order 2024 (S.I. 2024/60), art. 1, Sch. 11 para. 69(1) (with arts. 4, 52, Sch. 11 paras. 6, 24, 39(1), 55(1), 71(3), 84)
S. 203 restricted (13.3.2024) by The Medworth Energy from Waste Combined Heat and Power Facility Order 2024 (S.I. 2024/230), art. 1, Sch. 9 para. 95(1) (with Sch. 11 paras. 5, 22, 37, 47, 82, 110)
S. 203 restricted (28.3.2024) by The A66 Northern Trans-Pennine Development Consent Order 2024 (S.I. 2024/360), art. 1, Sch. 9 para. 66(1) (with arts. 18, 35, Sch. 9)
S. 203 restricted (11.4.2024) by The HyNet Carbon Dioxide Pipeline Order 2024 (S.I. 2024/436), art. 1(2), Sch. 10 para. 65(1) (with arts. 21, 41, Sch. 10)
S. 203 restricted (9.5.2024) by The Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024 (S.I. 2024/564), art. 1, Sch. 14 Pt. 3 para. 4(1) (with arts. 35, 36, Sch. 14)
S. 203 restricted (3.8.2024) by The Mallard Pass Solar Farm Order 2024 (S.I. 2024/796), art. 1, Sch. 15 para. 76(1) (with Sch. 15)
S. 203 restricted (3.8.2024) by The Sunnica Energy Farm Order 2024 (S.I. 2024/802), art. 1, Sch. 12 para. 109(1)(o) (with art. 44, Sch. 12)
S. 203 restricted (3.8.2024) by The Gate Burton Energy Park Order 2024 (S.I. 2024/807), art. 1, Sch. 14 para. 116(1) (with art. 45, Sch. 14)
S. 203 restricted (27.9.2024) by The Cottam Solar Project Order 2024 (S.I. 2024/943), art. 1, Sch. 15 para. 118(1) (with art. 48, Sch. 15)
S. 203 restricted (25.10.2024) by The Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent Order 2024 (S.I. 2024/1014), art. 1, Sch. 4 para. 71(1)(f) (with arts. 36, 40, Sch. 4)
S. 203 restricted (17.2.2025) by The Heckington Fen Solar Park Order 2025 (S.I. 2025/85), art. 1, Sch. 13 para. 85(1)(p) (with art. 43)
S. 203 restricted (4.4.2025) by The North Lincolnshire Green Energy Park Order 2025 (S.I. 2025/362), art. 1, Sch. 14 para. 49(1)(r) (with Sch. 14)
S. 203 restricted (28.4.2025) by The Rampion 2 Offshore Wind Farm Order 2025 (S.I. 2025/468), art. 1, Sch. 10 Pt. 6 para. 4(r) (with arts. 47, 48, Sch. 10)
S. 203 restricted (1.5.2025) by The Viking CCS Carbon Dioxide Pipeline Order 2025 (S.I. 2025/509), art. 1(2), Sch. 9 para. 66(1) (with art. 41, Sch. 9)
S. 203 restricted (31.5.2025) by The East Yorkshire Solar Farm Order 2025 (S.I. 2025/585), art. 1, Sch. 14 para. 59(1) (with art. 49, Sch. 14)
S. 203 restricted (28.7.2025) by The Mona Offshore Wind Farm Order 2025 (S.I. 2025/870), art. 1, Sch. 10 para. 103(1) (with arts. 37, 38, Sch. 10)
S. 203 restricted (12.10.2025) by The Gatwick Airport (Northern Runway Project) Development Consent Order 2025 (S.I. 2025/1054), art. 1, Sch. 9 para. 43(1) (with arts. 5, 9(6), 43, Sch. 9)
S. 203 restricted (22.10.2025) by The A46 Newark Bypass Development Consent Order 2025 (S.I. 2025/1090), art. 1, Sch. 9 para. 34(1) (with arts. 4, 9, 51, Sch. 9)
S. 203 restricted (5.11.2025) by The Tillbridge Solar Order 2025 (S.I. 2025/1105), art. 1, Sch. 15 para. 143(1) (with art. 49, Sch. 15)
S. 203 restricted (13.11.2025) by The Stonestreet Green Solar Order 2025 (S.I. 2025/1175), art. 1, Sch. 13 para. 77(1) (with art. 40, Sch. 13)