Compulsory Purchase Order

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 The land proposed for development at Wyke is not for sale nor is it likely to be in the future, however NDDC are disregarding this point

Mr Hyde, spokesman for the Council said ""We would like to think that compulsory purchase orders will not be used and that solutions can be found through negotiation, but as a very last resort I suppose some sort of Government edict might come into play."

 

Planning and Compulsory Purchase Act 2004

2004 CHAPTER 5

Part 8 Compulsory purchase

Acquisition of land for development

99 Compulsory acquisition of land for development etc

(1) Section 226 of the principal Act (compulsory acquisition of land for development and other planning purposes) is amended as follows.

(2) In subsection (1)—

(a) the first "which" is omitted;

(b) for paragraph (a) there is substituted the following paragraph—

"(a) if the authority think that the acquisition will facilitate the carrying out of development, re-development or improvement on or in relation to the land,";

(c) in paragraph (b) at the beginning there is inserted "which".

(3) After subsection (1) there is inserted the following subsection—

"(1A) But a local authority must not exercise the power under paragraph (a) of subsection (1) unless they think that the development, re-development or improvement is likely to contribute to the achievement of any one or more of the following objects—

(a) the promotion or improvement of the economic well-being of their area;

(b) the promotion or improvement of the social well-being of their area;

(c) the promotion or improvement of the environmental well-being of their area."

(4) Subsection (2) is omitted.

(5) Nothing in this section affects a compulsory purchase order made before the commencement of this section.

 

 

 

 

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Last modified: 08/21/11