Legislation – Planning and Infrastructure Act 2025

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every person who has made a relevant objection that has not been withdrawn, and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to the inspector whose appointment has been revoked, and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.”