Article 28 Time limit for exercise of authority to acquire land compulsorilyI1

England and Wales

(1)

After the end of the period of 5 years beginning on the day on which this Order is made—

(a)

no notice to treat is to be served under Part 1 of the 1965 Act as modified by article 35 (modification of Part 1 of the 1965 Act); and

(b)

no declaration is to be executed under section 4 (execution of declaration) of the 1981 Act^f1 as applied by article 36 (application of the 1981 Act).

(2)

The authority conferred by article 39 (temporary use of land for carrying out the authorised development) ceases at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents the undertaker from remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period.

Annotations

Commencement

I1: Art. 28 in force at 22.10.2025, see art. 1

Footnotes

f1: Section 4 was amended by section 184 and 185 of, and paragraph 2 of Part 1 of Schedule 18 to, the Housing and Planning Act 2016.