Paragraph 3
England and Wales
The Minister shall serve on every F1qualifying person a notice in the prescribed form—
stating the effect of the draft order,
stating that it is about to be made, F2and
(subject to paragraph 2(2A)) naming a place within the locality where a copy of the draft order and of the map referred to in it may be inspected,
specifying a website on which those copies may be viewed, and
specifying the time (not being less than twenty-one days from service of the notice) within which, and the manner in which, objections to the draft order can be made.
specifying the final day for making objections to the draft order, and the manner in which objections can be made.
F5A person is a qualifying person, in relation to land comprised in a draft order, if—
he is an owner, lessee, tenant (whatever the tenancy period) or occupier of any such land, F6...
he falls within sub-paragraph (2A) F7, or
the person is entitled to the benefit of an obligation under a conservation covenant (within the meaning of Part 7 of the Environment Act 2021) relating to the land.
A person falls within this sub-paragraph if he is—
a person to whom the Minister would, if proceeding under section 5(1) of the Compulsory Purchase Act 1965, be required to give a notice to treat, or
a person the Minister thinks is likely to be entitled to make a relevant claim if the order is made and the compulsory purchase takes place, so far as he is known to the Minister after making diligent inquiry.
A relevant claim is a claim for compensation under section 10 of the Compulsory Purchase Act 1965 (compensation for injurious affection).
Where under this paragraph any notice is required to be served on an owner of land, and the land is ecclesiastical property, a like notice shall be served on the F8Diocesan Board of Finance for the diocese in which the land is situated.
In this sub-paragraph “ecclesiastical property” means land belonging to any ecclesiastical benefice F9of the Church of England, or being or forming part of a church subject to the jurisdiction of the bishop of any diocese of the Church of England or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction F10....
Annotations
Textual amendments
- F1
Words in Sch. 1 para. 3(1) substituted (6.8.2004 for specified purposes, 31.10.2004 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 101(3)(a) (with s. 101(6)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)
- F2
Word in Sch. 1 para. 3(1)(b) omitted (31.1.2024 for specified purposes, 30.4.2024 for E. in so far as not already in force, 2.12.2025 for specified purposes) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), s. 255(7), Sch. 19 para. 1(4)(a) (with s. 247); S.I. 2024/92, reg. 2(r); S.I. 2024/389, reg. 3(c) (with reg. 4); S.I. 2025/1262, reg. 2(1)(e)(2) (with reg. 3)
- F3
Sch. 1 para. 3(1)(ba)(bb) inserted (31.1.2024 for specified purposes, 30.4.2024 for E. in so far as not already in force, 2.12.2025 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(7), Sch. 19 para. 1(4)(b) (with s. 247); S.I. 2024/92, reg. 2(r); S.I. 2024/389, reg. 3(c) (with reg. 4); S.I. 2025/1262, reg. 2(1)(e)(2) (with reg. 3)
- F4
Sch. 1 para. 3(1)(c) substituted (31.1.2024 for specified purposes, 30.4.2024 for E. in so far as not already in force, 2.12.2025 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(7), Sch. 19 para. 1(4)(c) (with s. 247); S.I. 2024/92, reg. 2(r); S.I. 2024/389, reg. 3(c) (with reg. 4); S.I. 2025/1262, reg. 2(1)(e)(2) (with reg. 3)
- F5
Sch. 1 para. 3(2)-(2B) substituted for Sch. 1 para. 3(2) (6.8.2004 for specified purposes, 31.10.2004 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 101(3)(b) (with s. 101(6)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)
- F6
Word in Sch. 1 para. 3(2)(a) omitted (30.9.2022) by virtue of Environment Act 2021 (c. 30), s. 147(3), Sch. 20 para. 3(3)(a) (with s. 144); S.I. 2022/48, reg. 5(d)
- F7
Sch. 1 para. 3(2)(c) and word inserted (30.9.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 20 para. 3(3)(b) (with s. 144); S.I. 2022/48, reg. 5(d)
- F8
Words in Sch. 1 para. 3(3) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 24(2)(a); 2006 No. 2, Instrument made by Archbishops
- F9
Words in Sch. 1 para. 3(3) inserted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 24(2)(b); 2006 No. 2, Instrument made by Archbishops
- F10
Words in Sch. 1 para. 3(3) omitted (E.) (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 24(2)(c); 2006 No. 2, Instrument made by Archbishops
Modifications
- C1
Sch. 1 para. 3(1) modified by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 50(3)
Notes on Schedule 1
Modifications
- C1
Sch. 1 restricted by 1975 c. 70, Sch. 4 para. 1(2)(a) (as substituted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(2), 7, Sch. 1 para. 33(1) (with art. 3(1)))
Notes on Notices to owners, lessees , occupiers and others
Textual amendments
- F1
Words in Sch. 1 para. 3 cross-heading substituted (30.9.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 20 para. 3(2) (with s. 144); S.I. 2022/48, reg. 5(d)