Legislation – Planning and Infrastructure Act 2025

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Part 5Compulsory purchase

108General vesting declarations: expedited procedure

(1)

The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as follows.

(2)

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),”.

(3)

In section 4 (execution of declaration)—

(a)

in subsection (1) omit from “(not” to the end;

(b)

after subsection (1) insert—

“(1ZA)

That period must be—

(a)

where the expedited procedure is available (see section 4A), not less than six weeks from the date on which the service of notices required by section 6 is completed;

(b)

otherwise not less than three months from that date.”

(4)

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.”

(5)

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).”