Neighbourhood Planning Act 2017 (c. 20)

Part 2 E+W Compulsory purchase etc

CHAPTER 2 E+W Other provisions relating to compulsory purchase

36 GLA, MDCs and TfL: joint acquisition of land E+W

(1) The Greater London Authority Act 1999 is amended as follows.

(2) After section 403 insert—

“Acquisition of land for shared purposes E+W

403A Acquisition of land by the Authority and TfL for shared purposes

(1) This section applies where the Authority and Transport for London agree that the purposes for which they may acquire land compulsorily under—

(a) section 333ZA of this Act, and

(b) paragraph 19(1) of Schedule 11 to this Act or Part 12 of the Highways Act 1980,

would be advanced by one or both of them acquiring land for a joint project.

(2) The purposes for which the Authority may acquire land compulsorily under section 333ZA(1) are to be read as if they included the purposes for which Transport for London may acquire land compulsorily.

(3) The purposes for which Transport for London may acquire land compulsorily under paragraph 19(1) of Schedule 11 to this Act or Part 12 of the Highways Act 1980 are to be read as if they included the purposes for which the Authority may acquire land compulsorily.

(4) The Authority and Transport for London may agree that one of them is to acquire land on behalf of the other.

(5) Where subsection (4) applies, a compulsory acquisition is to proceed under—

(a) section 333ZA if it is agreed that the Authority will acquire the land, or

(b) paragraph 19(1) of Schedule 11 to this Act or Part 12 of the Highways Act 1980 if it is agreed that Transport for London will acquire the land.

(6) Subsection (7) applies where—

(a) the Authority and Transport for London both propose to acquire land compulsorily for a joint project, and

(b) the proposed compulsory acquisitions require authorisation by different confirming authorities.

(7) The proposed compulsory acquisitions are to be treated as requiring the joint authorisation of the confirming authorities.

(8) The Authority or Transport for London may acquire land by agreement for the same purposes as those for which that body may acquire land compulsorily by virtue of subsection (2) or (3).

(9) The joint project mentioned in subsection (1) is to be treated as the scheme for the purposes of the no-scheme principle in section 6A of the Land Compensation Act 1961 (impact of scheme to be disregarded when assessing value of land for compulsory purchase).

403B Acquisition of land by MDC and TfL for shared purposes

(1) This section applies where a Mayoral development corporation and Transport for London agree that the purposes for which they may acquire land compulsorily under—

(a) section 207 of the Localism Act 2011, and

(b) paragraph 19(1) of Schedule 11 to this Act or Part 12 of the Highways Act 1980,

would be advanced by one or both of them acquiring land for a joint project.

(2) The purposes for which the Mayoral development corporation may acquire land compulsorily under section 207 of the Localism Act 2011 are to be read as if they included the purposes for which Transport for London may acquire land compulsorily.

(3) The purposes for which Transport for London may acquire land compulsorily under paragraph 19(1) of Schedule 11 to this Act or Part 12 of the Highways Act 1980 are to be read as if they included the purposes for which the Mayoral development corporation may acquire land compulsorily.

(4) The Mayoral development corporation and Transport for London may agree that one of them is to acquire land on behalf of the other.

(5) Where subsection (4) applies, a compulsory acquisition is to proceed under—

(a) section 207 of the Localism Act 2011 if it is agreed that the Mayoral development corporation will acquire the land, or

(b) paragraph 19(1) of Schedule 11 to this Act or Part 12 of the Highways Act 1980 if it is agreed that Transport for London will acquire the land.

(6) Subsection (7) applies where—

(a) the Mayoral development corporation and Transport for London both propose to acquire land compulsorily for a joint project, and

(b) the proposed compulsory acquisitions require authorisation by different confirming authorities.

(7) The proposed compulsory acquisitions are to be treated as requiring the joint authorisation of the confirming authorities.

(8) The Mayoral development corporation or Transport for London may acquire land by agreement for the same purposes as those for which that body may acquire land compulsorily by virtue of subsection (2) or (3).

(9) The joint project mentioned in subsection (1) is to be treated as the scheme for the purposes of the no-scheme principle in section 6A of the Land Compensation Act 1961 (impact of scheme to be disregarded when assessing value of land for compulsory purchase).”

(3) In paragraph 20 of Schedule 11 (limitations on Transport for London's power to acquire land compulsorily), after “provided by” insert “ section 403A, 403B or ”.

Commencement Information

I1 S. 36 in force at 22.9.2017 by S.I. 2017/936, reg. 3(f)