Part 2

Compulsory purchase etc
CHAPTER 1

Temporary possession of land

Counter-notice
21
1
This section applies where an acquiring authority gives a notice of intended entry under section 20 in relation to land to a person (the “owner”) who—
a
has a leasehold interest in, and the right to occupy, the land, or
b
has the freehold interest in the land.
2
The owner may give the acquiring authority a counter-notice which provides that the total period of time for which the land may be subject to temporary possession is limited to—
a
12 months where the land is or is part of a dwelling, or
b
6 years in any other case.
3
If the owner falls within subsection (1)(a), the owner may instead give the acquiring authority a counter-notice which provides that the authority may not take temporary possession of the land.
4
A counter-notice under subsection (2) or (3) must be given within the period of 28 days beginning with the day on which the notice of intended entry was given.
5
On receiving a counter-notice under subsection (2), the acquiring authority must decide whether to—
a
accept the counter-notice,
b
withdraw the notice of intended entry, or
c
proceed as if the land were subject to compulsory acquisition.
6
On receiving a counter-notice under subsection (3), the acquiring authority must decide whether to—
a
accept the counter-notice, or
b
proceed as if the land were subject to compulsory acquisition.
7
The acquiring authority must give a notice of its decision in response to a counter-notice to the owner within the period of 28 days beginning with the day on which the counter-notice was given.
8
If the acquiring authority decides to proceed as if the land were subject to compulsory acquisition—
a
the instrument which authorised temporary possession of the land is to be treated as authorising the compulsory acquisition of the owner's interest in the land (as well as the temporary possession of the land, if there are other interests in it), and
b
the authority may proceed as if it had given any notice or taken any step required in relation to the authorisation or confirmation of the instrument.
9
See Schedule 2A to the Compulsory Purchase Act 1965 and Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981 for options available to the owner if, in response to a counter-notice under this section, the acquiring authority decides to purchase the owner's interest in part of a house, building or factory.
10
Nothing in this section prevents an acquiring authority acquiring land compulsorily after accepting a counter-notice or withdrawing a notice of intended entry in respect of that land.
Pt. 2 Ch. 1 excluded (26.9.2018) by The Network Rail (Felixstowe Branch Line Improvements Level Crossings Closure) Order 2018 (S.I. 2018/937), arts. 1, 28
Pt. 2 Ch. 1 excluded (12.10.2018) by The Eggborough Gas Fired Generating Station Order 2018 (S.I. 2018/1020), arts. 1, 26(12) (with arts. 6, 42)
Pt. 2 Ch. 1 excluded (14.4.2020) by The Reinforcement to the North Shropshire Electricity Distribution Network Order 2020 (S.I. 2020/325), arts. 1, 27(13) (with arts. 7, 27(8))
Pt. 2 Ch. 1 excluded (14.4.2020) by The Reinforcement to the North Shropshire Electricity Distribution Network Order 2020 (S.I. 2020/325), arts. 1, 26(12) (with arts. 7, 27(8))
Pt. 2 Ch. 1 excluded (W.) (22.12.2021) by The Morlais Demonstration Zone Order 2021 (S.I. 2021/1478), arts. 1, 51 (with arts. 15, 50, Sch. 11)
Pt. 2 Ch. 1 excluded (5.12.2022) by The Portishead Branch Line (MetroWest Phase 1) Order 2022 (S.I. 2022/1194), arts. 1, 4(1) (with art. 51)