OpenLegislation

Article 34 Modification of Part 1 of the 1965 ActI1

England, Wales and Scotland

(1)

Part 1 of the 1965 Act, as applied to this Order by section 125f1 (application of compulsory acquisition provisions) of the 2008 Act is modified as follows.

(2)

In section 4A(1)f2 (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to the High Court in respect of compulsory purchase order), the three year period mentioned in section 4” substitute “section 118f3 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008, the five year period mentioned in article 28 (time limit for exercise of authority to acquire land compulsorily) of the A46 Coventry Junctions (Walsgrave) Development Consent Order 2026”.

(3)

In section 11Af4 (powers of entry: further notice of entry)—

(a)

in subsection (1)(a), after “land” insert “under that provision”;

(b)

in subsection (2), after “land” insert “under that provision”.

(4)

In section 22(2) (interests omitted from purchase), for “section 4 of this Act” substitute “article 28 (time limit for exercise of authority to acquire land compulsorily) of the A46 Coventry Junctions (Walsgrave) Development Consent Order 2026”.

(5)

In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)—

(a)

for paragraphs 1(2) and 14(2) substitute—

“(2)

But see article 36(3) (acquisition of subsoil or airspace only) of the A46 Coventry Junctions (Walsgrave) Development Consent Order 2026, which excludes the acquisition of subsoil or airspace only from this Schedule.”; and

(b)

after paragraph 29, insert—

“PART 4

INTERPRETATION

30.

In this Schedule, references to entering on and taking possession of land do not include exercising the powers under articles 16 (use of private roads for construction), 22 (protective work to buildings), 23 (authority to survey and investigate the land), 38 (temporary use of land for carrying out the authorised development) or 39 (temporary use of land for maintaining the authorised development) of the A46 Coventry Junctions (Walsgrave) Development Consent Order 2026.”.

Annotations

Commencement

I1

Art. 34 in force at 25.2.2026, see art. 1

Footnotes

f1

Section 125 was amended by section 190 of, and paragraph 17 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22).

f2

Section 4A was inserted by section 202(1) of the Housing and Planning Act 2016 and subsection (1) was amended by section 185(2)(b) of the Levelling-up and Regeneration Act 2023 (c. 55).

f3

Section 118 was amended by paragraphs 1 and 59 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011 (c. 20) and section 92(4) of the Criminal Justice and Courts Act 2015 (c. 2).

f4

Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.