Neighbourhood Planning Act 2017

Prospective

20Notice requirementsE+W

This section has no associated Explanatory Notes

(1)Before taking temporary possession of land compulsorily for a period of time by virtue of section 18(2) an acquiring authority must give a notice of intended entry to each person who has an interest in or a right to occupy the land, so far as known to the authority after making diligent inquiry.

(2)The notice must specify the period after the end of which the acquiring authority may take temporary possession of the land (“the notice period”).

(3)The notice period must not end earlier than the end of the period of three months beginning with the day on which the notice is given.

(4)The notice must specify the period for which the acquiring authority is to take temporary possession of the land.

(5)For the purposes of this section an acquiring authority is to be treated as taking temporary possession of land at the beginning of the first day of any period of temporary possession.

(6)The notice period may be reduced by agreement between the acquiring authority and all persons to whom a notice must be given under subsection (1).

(7)An acquiring authority must comply with this section again in relation to each subsequent period of temporary possession even if there is to be no gap between periods.

(8)Where the authorising instrument mentioned in section 19 is a compulsory purchase order, a notice of intended entry under this section may not be served after the end of the period of three years beginning with the day on which the authorising instrument becomes operative.

(9)In any other case, a notice of intended entry under this section may not be served after the end of the period of five years beginning with the day on which the authorising instrument becomes operative.

[F1(10)For the purposes of subsection (1), a person entitled to the benefit of an obligation under a conservation covenant is to be treated as having an interest in the land to which the obligation relates.]

Textual Amendments