Legislation – Planning and Infrastructure Act 2025

In section 6 of the Acquisition of Land Act 1981 (service of documents), at the end insert—

“(5)

Any notice or other document required or authorised to be served on a person under this Act may be served by sending it to an email address or uploading it to a website at which the person has agreed in writing to receive notices or documents for the purposes of the compulsory purchase order to which the notice or document relates.

(6)

Any notice or other document required or authorised to be served under this Act on—

(a)

an acquiring authority,

(b)

a confirming authority,

(c)

an inspector,

(d)

a local authority, or

(e)

a statutory undertaker,

may also be served electronically by a method mentioned in subsection (7).

(7)

The methods of electronic service are—

(a)

sending the notice or document to an appropriate email address, or

(b)

uploading the notice or document to an appropriate website.

(8)

For the purposes of subsection (7)—

(a)

an email address or website is an appropriate one for the service of notices or documents if the person being served has—

(i)

provided the email address or details of the website to the sender for the purposes of communicating with them about land subject to the compulsory purchase order or about the order itself, or

(ii)

published the fact that the email address or the website may be used for those purposes;

(b)

an email address is also an appropriate one for the service of notices or documents if the person being served has previously used it for the purposes of communicating with the sender about land subject to the compulsory purchase order or about the order itself.

(9)

A notice or other document sent electronically is, unless the contrary is proved, to be treated as having been received on the working day immediately following the day on which it was sent.

(10)

In this section—

“inspector” means a person appointed under section 14D;

“local authority” means a local authority within the meaning of section 7(1) or section 17(4);

“statutory undertaker” includes the persons mentioned in section 16(3) and in the definition of statutory undertaker in section 17(4);

“working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.

(11)

This section does not apply to a communication required or authorised to be sent under this Act to the High Court.”

In section 38 of the Land Compensation Act 1961 (service of notices), at the end insert—

“(3)

Any communication required or authorised to be sent to a person under this Act may be sent to an email address or uploaded to a website at which the person has agreed in writing to receive communications for the purposes of the claim for compensation.

(4)

Any communication required or authorised under this Act to be sent to—

(a)

an acquiring authority,

(b)

a confirming authority, or

(c)

a local planning authority,

may also be sent electronically by a method mentioned in subsection (5).

(5)

The methods are—

(a)

sending the communication to an appropriate email address, or

(b)

uploading the communication to an appropriate website.

(6)

For the purposes of subsection (5)—

(a)

an email address or website is an appropriate one if the person to whom the communication is to be sent has—

(i)

provided the email address or details of the website to the sender for the purposes of communicating with them about the claim for compensation, or

(ii)

published the fact that the email address or the website may be used for those purposes;

(b)

an email address is also an appropriate one if the person to whom the communication is to be sent has previously used it for the purposes of communicating with the sender about the claim for compensation.

(7)

A communication sent electronically is, unless the contrary is proved, to be treated as having been received on the working day immediately following the day on which it was sent.

(8)

In this section—

“confirming authority” has the same meaning as in Schedule 2A (see paragraph 9 of that Schedule);

“working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.

(9)

This section does not apply to a communication required or authorised to be sent under this Act to the Upper Tribunal.”

In Part 6 of the Land Compensation Act 1973 (supplementary provisions), after section 84 insert—

“84AService of documents

(1)

Any communication required or authorised to be sent to a person under this Act may be sent to an email address or uploaded to a website at which the person has agreed in writing to receive communications for the purposes of the claim for compensation.

(2)

Any communication required or authorised under this Act to be sent to—

(a)

an acquiring authority, or

(b)

a responsible authority within the meaning of section 1,

may also be sent electronically by a method mentioned in subsection (3).

(3)

The methods are—

(a)

sending the communication to an appropriate email address, or

(b)

uploading the communication to an appropriate website.

(4)

For the purposes of subsection (3)—

(a)

an email address or website is an appropriate one if the authority has—

(i)

provided the email address or details of the website to the sender for the purposes of communicating with them about the claim for compensation, or

(ii)

published the fact that the email address or the website may be used for those purposes;

(b)

an email address is also an appropriate one if the authority has previously used it for the purposes of communicating with the sender about the claim for compensation.

(5)

A communication sent electronically is, unless the contrary is proved, to be treated as having been received on the working day immediately following the day on which it was sent.

(6)

In this section “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.

(7)

This section does not apply to a communication required or authorised to be sent under this Act to the Upper Tribunal.”

In section 11 (obligation on acquiring authority to publish notice of compulsory purchase order), after subsection (2) insert—

“(2ZA)

In the case of a notice under subsection (1)(a), the requirement in subsection (2)(b) to describe the land may be met by briefly identifying the land (by giving its postal address or otherwise).”

In paragraph 2 (obligation on Minister to publish notice of compulsory purchase order), after sub-paragraph (2) insert—

“(2ZA)

In the case of a notice under sub-paragraph (1)(a), the requirement in sub-paragraph (2)(b) to describe the land may be met by briefly identifying the land (by giving its postal address or otherwise).”

In subsection (3)(c), for “without modification” substitute “—

(i)

without modification, or

(ii)

with only such modifications as are specified by the confirming authority in the notice.”

After subsection (4) insert—

“(4A)

A confirming authority may specify a modification only if—

(a)

it modifies the order so as to add an additional interest in land, and the confirming authority is satisfied that the interest holder consents to the proposed modification,

(b)

it modifies the order so as to remove an interest in any land to which the order applies,

(c)

it modifies the order so as to remove part of an interest in any land to which the order applies, and the confirming authority is satisfied that the interest holder consents to the proposed modification, or

(d)

it modifies the order in such a way that no interests in land are affected.”

After subsection (6) insert—

“(6A)

In a case where the acquiring authority has determined to confirm an order with modifications, it must, at the same time as notifying the confirming authority under subsection (6)—

(a)

provide the confirming authority with a copy of the order as modified, and

(b)

certify that the only modifications are those specified by the confirming authority.”

In section 2(1) (interpretation and construction), after the definition of “acquiring authority” insert—

““expedited procedure” means the procedure (available in respect of unoccupied land etc or where there is no identifiable interest holder) whereby a general vesting declaration may vest the land in the acquiring authority less than three months from the date on which the service of notices required by section 6 is completed (see section 4(1ZA)(a) and sections 4A and 4B),”.

After section 4 insert—

“4AVesting date: expedited procedure

(1)

The expedited procedure is available in relation to a general vesting declaration if—

(a)

the specified land is unoccupied,

(b)

the acquiring authority considers that, by reason of disrepair, neglect, contamination, or risk to health or safety, the specified land is unfit for its ordinary use, and

(c)

Schedule A1 does not apply to the declaration.

(2)

The expedited procedure is also available in relation to a general vesting declaration if the acquiring authority has been unable to identify any person with an interest in the specified land.

(3)

Land is not to be regarded as occupied for the purposes of subsection (1)(a)—

(a)

if it is occupied only by persons who do not have a right to occupy it;

(b)

because of the presence of chattels on the land if the chattels appear to the acquiring authority to be of no significant value.

(4)

The ordinary use of land is to be taken for the purposes of subsection (1)(b) to be—

(a)

so far as the land comprises buildings or other features designed or adapted for a particular use, that use, and

(b)

so far as the land does not comprise such buildings or features, its most recent lawful use.

(5)

If the specified land includes one or more dwellings, the acquiring authority may decide that it is unfit for its ordinary use only if it considers that the dwelling, or each of those dwellings, is unfit for human habitation within the meaning of the Landlord and Tenant Act 1985 (see section 10 of that Act).

(6)

In this section—

“dwelling” means a building or part of a building designed or adapted for occupation as a separate dwelling;

“the specified land” means the land specified in the general vesting declaration.

4BExpedited procedure: process

(1)

This section applies where the acquiring authority has executed a general vesting declaration under the expedited procedure.

(2)

A person may, at any time before the end of the period of four weeks beginning with the date on which the general vesting declaration is executed, make representations to the acquiring authority that the expedited procedure is not available in relation to the declaration.

(3)

The representations need not be in writing.

(4)

The acquiring authority must provide a written response to the representations before the end of the period of seven days beginning with the day on which it received them.

(5)

If, at any time between the execution of the general vesting declaration and the vesting date, the acquiring authority becomes aware of a reason why the expedited procedure is not available (whether as a result of representations or otherwise), the authority must amend the general vesting declaration so that the period specified in it complies with section 4(1ZA)(b) (period of at least three months from service of notices).

(6)

If the acquiring authority amends the general vesting declaration under subsection (5), it must serve notice of the amendment on—

(a)

every person who has made representations under subsection (2), and

(b)

every person who was served a notice about the declaration under section 6.”

In section 6 (notices after execution of declaration), after subsection (1) insert—

“(1A)

In a case where the period specified in the declaration under section 4(1) is less than three months, the notice must also state—

(a)

that the acquiring authority considers that the expedited procedure is available under section 4A(1) or (2) (as the case may be);

(b)

the vesting date;

(c)

that any person who disagrees that the expedited procedure is available may make representations to the acquiring authority under section 4B(2);

(d)

that if, before the vesting date, the acquiring authority no longer considers that the expedited procedure is available, the authority will amend the general vesting declaration so that the period specified in it complies with section 4(1ZA)(b) (period of at least three months from service of notices).”

After section 8A insert—

“8BAdvancement of vesting by agreement

(1)

The acquiring authority may agree in writing with the owner of any interest which is to vest in the authority under section 8 that the interest is to vest on a date before the vesting date.

(2)

The agreed date may not be before the day after the last day on which a person may bring proceedings for questioning the compulsory purchase order.

(3)

If an agreement under subsection (1) is in force—

(a)

section 7 (other than section 7(1)(c)) and section 8 operate in relation to the interest as if the vesting date were the agreed date;

(b)

an owner of an interest who is a party to the agreement may not serve a counter-notice under paragraph 2 of Schedule A1 (counter-notice requiring purchase of additional land).

(4)

But if the interest subject to the agreement does not entitle the owner to possession of the land concerned, subsection (3)(a) does not advance the date on which the right to enter on and take possession of the land arises under section 8.”

In section 10 (acquiring authority’s liability on vesting of the land), for subsection (1A) substitute—

“(1A)

Where by virtue of an agreement under section 8A or 8B different interests in the land vest in the acquiring authority on different dates, subsection (1) does not give rise to any liability in relation to an interest until that interest becomes vested.”

After section 32 insert—

“32AHome loss payments: exclusions

(1)

This section applies to a person if—

(a)

the person is displaced from a dwelling on land as mentioned in section 29(1)(a) (displacement in consequence of a compulsory acquisition),

(b)

a notice falling within subsection (4) has been served on the person in relation to the land,

(c)

at the relevant time the notice has effect or is operative, and

(d)

the person has failed to comply with any requirement of the notice.

(2)

This section also applies to a person if—

(a)

the person is displaced from a dwelling on land as mentioned in section 29(1)(a) (displacement in consequence of a compulsory acquisition),

(b)

a copy of an order falling within subsection (5) has been served on the person in relation to the land, and

(c)

the order has not been quashed on appeal.

(3)

No payment may be made under section 29 to a person to whom this section applies.

(4)

These are the notices—

(a)

a notice under section 215 of the Town and Country Planning Act 1990 (power to require proper maintenance of land);

(b)

a notice under section 11 of the Housing Act 2004 (improvement notice relating to category 1 hazard);

(c)

a notice under section 12 of that Act (improvement notice relating to category 2 hazard);

(d)

a notice under section 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or section 138 of the Historic Environment (Wales) Act 2023 (asc 3) (repairs notice prior to notice of compulsory acquisition of listed building).

(5)

These are the orders—

(a)

an order under section 20 of the Housing Act 2004 (prohibition order relating to category 1 hazard);

(b)

an order under section 21 of that Act (prohibition order relating to category 2 hazard);

(c)

an order under section 43 of that Act (emergency prohibition orders);

(d)

an order under section 265 of the Housing Act 1985 (demolition order relating to category 1 or 2 hazard).

(6)

For the purposes of subsection (1)(c), the relevant time is the date on which any of the following occurs—

(a)

in the case of a compulsory acquisition which is to be authorised by a compulsory purchase order to which the Acquisition of Land Act 1981 applies—

(i)

the compulsory purchase order is confirmed, other than conditionally, under section 13 or 13A of the Acquisition of Land Act 1981;

(ii)

the compulsory purchase order is made, other than conditionally, under paragraph 4 or 4A of Schedule 1 to that Act;

(iii)

a decision is made under section 13BA(2)(a) of that Act (decision that conditions subject to which order was confirmed have been met);

(iv)

a decision is made under paragraph 4AA(2)(a) of Schedule 1 to that Act (decision that conditions subject to which order was made have been met);

(b)

in the case of a compulsory acquisition which is to be authorised by any other order, the order is made or confirmed in accordance with the procedures which apply by virtue of the Act under which it is made;

(c)

in the case of a compulsory acquisition which does not fall within paragraph (a) or (b) and which is deemed to be authorised following service of a notice by the owner requiring the purchase of their interest, a notice to treat is deemed to have been served;

(d)

in the case of a compulsory acquisition which does not fall within paragraph (a), (b) or (c) and which is to be authorised by a special enactment, the enactment is passed.

(7)

In subsection (6), references to a compulsory acquisition are to the compulsory acquisition in consequence of which the person is displaced.

(8)

The appropriate national authority may by regulations amend subsections (4) and (5).

(9)

In this section—

“appropriate national authority” means—

(a)

the Secretary of State, in relation to England;

(b)

the Welsh Ministers, in relation to Wales;

“special enactment” means—

(a)

a local or private Act which authorises the compulsory acquisition of land specifically identified in that Act, or

(b)

a provision which—

1. (i)

   is contained in an Act other than a local or private Act, and

2. (ii)

   authorises the compulsory acquisition of land specifically identified in that Act.

(10)

The power to make regulations under subsection (8) must be exercised by statutory instrument subject to annulment in pursuance of a resolution of—

(a)

either House of Parliament, in the case of regulations made by the Secretary of State;

(b)

Senedd Cymru, in the case of regulations made by the Welsh Ministers.”

In section 33D (loss payments: exclusions), for subsection (6) substitute—

“(6)

For the purposes of subsection (1)(c), the relevant time is the date on which any of the following occurs—

(a)

in the case of a compulsory acquisition which is to be authorised by a compulsory purchase order to which the Acquisition of Land Act 1981 applies—

(i)

the compulsory purchase order is confirmed, other than conditionally, under section 13 or 13A of the Acquisition of Land Act 1981;

(ii)

the compulsory purchase order is made, other than conditionally, under paragraph 4 or 4A of Schedule 1 to that Act;

(iii)

a decision is made under section 13BA(2)(a) of that Act (decision that conditions subject to which order was confirmed have been met);

(iv)

a decision is made under paragraph 4AA(2)(a) of Schedule 1 to that Act (decision that conditions subject to which order was made have been met);

(b)

in the case of a compulsory acquisition which is to be authorised by any other order, the order is made or confirmed in accordance with the procedures which apply by virtue of the Act under which it is made;

(c)

in the case of a compulsory acquisition which does not fall within paragraph (a) or (b) and which is deemed to be authorised following service of a notice by the owner requiring the purchase of their interest, a notice to treat is deemed to have been served;

(d)

in the case of a compulsory acquisition which does not fall within paragraph (a), (b) or (c) and which is to be authorised by a special enactment, the enactment is passed.

(6A)

In subsection (6)—

“special enactment” means—

(a)

a local or private Act which authorises the compulsory acquisition of land specifically identified in that Act, or

(b)

a provision which—

1. (i)

   is contained in an Act other than a local or private Act, and

2. (ii)

   authorises the compulsory acquisition of land specifically identified in that Act;

references to a compulsory acquisition are to the compulsory acquisition of the person’s interest in land.”

In Schedule 2A (enactments eligible for directions applying section 14A of the Land Compensation Act 1961), before paragraph 1 insert—

“A1

Section 125 of the Local Government Act 1972 (compulsory acquisition of land on behalf of parish or community councils).”

In Part 1 of Schedule 4 to the New Towns Act 1981 (procedure for authorising compulsory acquisitions by development corporations and local highway authorities), after paragraph 4 insert—

“4A

(1)

The confirming authority may appoint a person (“an inspector”) to act instead of it in relation to the confirmation of a compulsory purchase order under this Schedule.

(2)

An inspector may be appointed to act in relation to—

(a)

a specific compulsory purchase order, or

(b)

a description of compulsory purchase orders.

(3)

An inspector has the same functions as the confirming authority under paragraphs 2(1)(b), 3, 4, 5A, 7 and 8.

(4)

Where an inspector is appointed in relation to a compulsory purchase order, the confirming authority must inform—

(a)

every person who has made a relevant objection that has not been withdrawn, and

(b)

the acquiring authority.

(5)

Where an inspector decides whether or not to confirm the whole or part of a compulsory purchase order, the inspector’s decision is to be treated as that of the confirming authority.

(6)

The confirming authority may at any time—

(a)

revoke its appointment of an inspector, and

(b)

appoint another inspector.

(7)

If the confirming authority revokes its appointment of an inspector while the inspector is acting in relation to a compulsory purchase order and does not replace the inspector, the confirming authority must give the reasons for doing so—

(a)

to the inspector whose appointment has been revoked, and

(b)

to all those informed under sub-paragraph (4).

(8)

Where in any enactment there is a provision that applies in relation to a confirming authority acting in relation to the confirmation of a compulsory purchase order under this Schedule, that provision is to be read as applying equally in relation to an inspector so far as the context permits.

(9)

In this paragraph—

“confirming authority” means—

(a)

in a case where the compulsory purchase order relates to land in England, the Secretary of State, and

(b)

in a case where the compulsory purchase order relates to land in Wales, the Welsh Ministers (see article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and paragraph 30 of Schedule 11 to the Government of Wales Act 2006);

“relevant objection” means an objection that is treated as duly made for the purposes of this Schedule (see paragraph 4(1)).”

After paragraph 1 insert—

“Power to appoint inspector

1A

(1)

A confirming authority may appoint a person (“an inspector”) to exercise the functions of the confirming authority in relation to an application made to it under paragraph 1(2).

(2)

Where a confirming authority appoints an inspector under sub-paragraph (1), the confirming authority must inform—

(a)

the acquiring authority, and

(b)

the person who made the application.

(3)

A decision by an inspector as to whether the conditions in paragraph 1(3) are met is to be treated as a decision by the confirming authority.

(4)

A direction under paragraph 1(2) made by an inspector is to be treated as a direction of the confirming authority.

(5)

The confirming authority may at any time—

(a)

revoke its appointment of an inspector, and

(b)

appoint another inspector.

(6)

If the confirming authority revokes its appointment of an inspector while the inspector is exercising functions in relation to an application made under paragraph 1(2) and does not replace the inspector, the confirming authority must give the reasons for doing so—

(a)

to the inspector whose appointment has been revoked, and

(b)

to all those informed under sub-paragraph (2).

(7)

Where in any enactment there is a provision that applies in relation to a confirming authority exercising functions in relation to an application under paragraph 1(2), that provision is to be read as applying equally in relation to an inspector so far as the context permits.”