Legislation – Planning and Infrastructure Act 2025

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Schedules

Schedule 4Compulsory acquisition of land under Part 3: supplementary provisions

Section 89(8)

Application of Acquisition of Land Act 1981

1 (1)

The Acquisition of Land Act 1981 (“ALA 1981”) applies to the compulsory acquisition of land under section 89, with the following modification.

(2)

Section 17(2) of ALA 1981 (orders to be subject to special parliamentary procedure in certain cases involving local authority or statutory undertakers’ land) does not apply to the acquisition of an interest in land by Natural England acting under section 89.

2 (1)

Schedule 3 to ALA 1981 applies to the acquisition of new rights under section 89, with the following modification.

(2)

Paragraph 4(2) of that Schedule (orders to be subject to special parliamentary procedure in certain cases involving local authority or statutory undertakers’ land) does not apply to the acquisition of an interest in land by Natural England acting under section 89.

Extinguishment of private rights of way etc

3 (1)

Sub-paragraph (2) applies where Natural England completes the compulsory acquisition of land under section 89.

(2)

On completion of the acquisition—

(a)

all private rights of way on, under or over the land are extinguished,

(b)

all rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land are extinguished, and

(c)

any such apparatus vests in Natural England.

(3)

Sub-paragraph (2) is subject to paragraphs 4 to 7.

4

Natural England may give a direction before the completion of the acquisition that paragraph 3(2) is not to apply to any right or apparatus specified in the direction.

5

Paragraph 3(2) is subject to any agreement which may be made (whether before or after the completion of the acquisition) between—

(a)

Natural England, and

(b)

the person—

(i)

in whom the right or apparatus concerned is vested, or

(ii)

to whom it belongs.

6 (1)

Paragraph 3(2) does not apply to—

(a)

any right vested in statutory undertakers for the purpose of carrying on their undertaking,

(b)

any apparatus belonging to statutory undertakers for that purpose,

(c)

any right conferred by, or in accordance with, the electronic communications code on the operator of an electronic communications code network, or

(d)

any electronic communications apparatus kept installed for the purposes of any such network.

(2)

In sub-paragraph (1) “statutory undertakers” means persons who are, or are deemed to be, statutory undertakers for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990; and “undertaking” is to be read in accordance with section 262 of that Act (meaning of “statutory undertakers”).

7 (1)

Any person who suffers loss by the extinguishment of a right, or the vesting of any apparatus, under paragraph 3 is entitled to compensation from Natural England.

(2)

Any compensation payable under this paragraph is to be determined in accordance with the Land Compensation Act 1961.

New rights: application of Compulsory Purchase Act 1965

8 (1)

The Compulsory Purchase Act 1965 (“CPA 1965”) applies to the compulsory acquisition of new rights under section 89 as it applies to the compulsory purchase of land.

(2)

In its application to the compulsory acquisition of such new rights, that Act is to have effect subject to—

(a)

the modifications specified in paragraphs 9 to 14, and

(b)

such other modifications as are necessary.

(3)

One result of sub-paragraph (2)(b) is that, in appropriate contexts, references in that Act to land are to be read as referring, or as including references, to—

(a)

the rights acquired or to be acquired, or

(b)

land over which the rights are, or are to be, exercisable,

according to the requirements of the particular context.

9

Section 7 of CPA 1965 is to have effect as if for the words of that section there were substituted—

“7Measure of compensation in case of acquisition of new right

(1)

In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land over which the right is acquired is depreciated by the acquisition but also to the damage (if any) to be sustained by the owner of the land by reason of injurious affection of other land of the owner by the exercise of the right.

(2)

The modifications subject to which subsection (1) of section 44 of the Land Compensation Act 1973 (compensation for injurious affection) is to have effect, as applied by subsection (2) of that section to compensation for injurious affection under this section, are that—

(a)

for “land is acquired or taken” there is substituted “a right over land is acquired”; and

(b)

for “acquired or taken from him” there is substituted “over which the right is exercisable”.”

10 (1)

Section 8(1) of CPA 1965 is to have effect as if references to acquiring land were to acquiring a right in the land.

(2)

Schedule 2A to CPA 1965 is to be read as if, for the words of that Schedule, there were substituted—

“Schedule 2ACounter-notice requiring purchase of land

Introduction

1

(1)

This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over the whole or part of a house, building or factory.

(2)

But see section 2A of the Acquisition of Land Act 1981 (under which a compulsory purchase order can exclude from this Schedule land that is 9 metres or more below the surface).

2

In this Schedule “house” includes any park or garden belonging to a house.

Counter-notice requiring purchase of land

3

A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner’s interest in the house, building or factory.

4

A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served.

Response to counter-notice

5

On receiving a counter-notice the acquiring authority must decide whether to—

(a)

withdraw the notice to treat,

(b)

accept the counter-notice, or

(c)

refer the counter-notice to the Upper Tribunal.

6

The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).

7

If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period.

8

If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period.

9

If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory.

Determination by Upper Tribunal

10

On a referral under paragraph 7 the Upper Tribunal must determine whether the acquisition of the right would—

(a)

in the case of a house, building or factory, cause material detriment to the house, building or factory, or

(b)

in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs.

11

In making its determination, the Upper Tribunal must take into account—

(a)

the effect of the acquisition of the right,

(b)

the proposed use of the right, and

(c)

if the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land.

12

If the Upper Tribunal determines that the acquisition of the right would have either of the consequences described in paragraph 10 it must determine how much of the house, building or factory the authority ought to be required to take.

13

If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land.

14

(1)

If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land.

(2)

If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice.

(3)

Any dispute as to the compensation is to be determined by the Upper Tribunal.”

11 (1)

The provisions of CPA 1965 mentioned in sub-paragraph (2) (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land) are to be read as if they were modified in accordance with sub-paragraph (3).

(2)

The provisions are—

(a)

section 9(4) (failure of owners to convey),

(b)

paragraph 10(3) of Schedule 1 (owners under incapacity),

(c)

paragraph 2(3) of Schedule 2 (absent and untraced owners), and

(d)

paragraphs 2(3) and 7(2) of Schedule 4 (common land).

(3)

The provisions are to be read as if they were modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be acquired compulsorily is vested absolutely in the acquiring authority.

12

Section 11 of CPA 1965 (powers of entry) is to be read as if it were modified so as to secure that, where the acquiring authority have served notice to treat in respect of any right as well as the notice required by subsection (1) of that section (as it applies to a compulsory acquisition under section 89), they have power, exercisable in the same circumstances and subject to the same conditions, to enter for the purpose of exercising that right; and sections 11A (powers of entry: further notices of entry), 11B (counter-notice requiring possession to be taken on specified date), 12 (penalty for unauthorised entry) and 13 (entry on enforcement officer’s or sheriff’s warrant in the event of obstruction) of that Act are modified accordingly.

13

Section 20 of CPA 65 (compensation for short-term tenants) is to be read as if it were modified so as to secure that persons with such interests as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory purchase of the interests but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right concerned.

14

Section 22 of CPA 65 (protection of acquiring authority’s possession of land where by inadvertence an interest in the land has not been purchased) is to be read as if it were modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right concerned, subject to compliance with that section as respects compensation.

New rights: application of the Compulsory Purchase (Vesting Declarations) Act 1981

15

The Compulsory Purchase (Vesting Declarations) Act 1981 (“CP(VD)A 1981”) applies to the compulsory acquisition of new rights under section 89—

(a)

with the modifications specified in paragraph 16, and

(b)

with such other modifications as may be necessary.

16 (1)

The modifications of CP(VD)A 1981 referred to in paragraph 15(a) are as follows.

(2)

References to CPA 1965 are, in appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—

(a)

the right acquired or to be acquired, or

(b)

the land over which the right is, or is to be, exercisable.

(3)

References to CPA 1965 are to be read as references to that Act as it applies to the compulsory acquisition of a right under section 89.

(4)

Section 8(1) (vesting, and right to enter and take possession) is to be read as securing that—

(a)

a general vesting declaration in respect of any right vests the right in the acquiring authority on the vesting date, and

(b)

as from the vesting date, the acquiring authority has power, exercisable in the same circumstances and subject to the same conditions, to enter land for the purpose of exercising that right as if the circumstances mentioned in paragraph (a) and (b) of section 8(1) had arisen.

(5)

Section 9(2) (right of entry under section 8(1) not exercisable in respect of land subject to certain tenancies unless notice has been served on occupiers of the land) is to be read as requiring a notice served by the appropriate authority under that provision to refer to the authority’s intention to enter land specified in the notice in order to exercise the right.

(6)

In section 10(1) (acquiring authority’s liability on vesting of the land), the reference to the acquiring authority’s taking possession of the land under section 11 of CPA 1965 is to be read as a reference to the authority’s exercising the power to enter the land under that provision as modified by paragraph 12 of this Schedule.

(7)

Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) is to be read as if—

(a)

in paragraph 1(1), for “part only of” there were substituted “only the acquisition of a right over”;

(b)

paragraph 1(2) were omitted;

(c)

references to the land proposed to be acquired were (subject to paragraph (e) below) to the right proposed to be acquired;

(d)

references to the additional land were to the house, building or factory over which the right is proposed to be exercisable;

(e)

in paragraphs 14 and 15, references to the severance of land proposed to be acquired were to the acquisition of the right; and

(f)

in paragraph 15, after “in addition to” there were inserted “or in substitution for”.

New rights: compensation

17 (1)

The enactments relating to compensation for the compulsory purchase of land apply—

(a)

with the modification specified in paragraph 18, and

(b)

with such other modifications as are necessary,

in relation to the acquisition of new rights under section 89 as they apply to compensation for the compulsory purchase of land.

(2)

Sub-paragraph (1) is without prejudice to the generality of paragraph 8.

18

Section 5A (relevant valuation date) of the Land Compensation Act 1961 is to be read as if for subsections (5A) and (5B) there were substituted—

“(5A)

If—

(a)

the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) of the Compulsory Purchase Act 1965 (as modified by paragraph 12 of Schedule 4 to the Planning and Infrastructure Act 2025),

(b)

the acquiring authority is subsequently required by a determination under paragraph 13 of Schedule 2A to the 1965 Act (as substituted by paragraph 10 of Schedule 4 to the Planning and Infrastructure Act 2025) to acquire an interest in the land, and

(c)

the acquiring authority enters on and takes possession of that land,

the authority is deemed for the purposes of subsection (3)(a) to have entered on that land when it entered on that land for the purpose of exercising that right.

(5B)

If—

(a)

a right over land is the subject of a general vesting declaration,

(b)

by virtue of paragraph 11(2) or 16(2) of Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981, the declaration has effect as if it included an interest in the land, and

(c)

the vesting date for the right is different from the vesting date for the interest in the land,

the first of the vesting dates is deemed for the purposes of subsection (4)(a) to be the vesting date for the whole of the land.”