Planning and Infrastructure Act 2025 in Northern Ireland

Subject to subsection (2), an amendment, repeal or revocation made by this Act has the same extent as the provision amended, repealed or revoked.

Paragraphs 40 and 44 of Schedule 5 extend to England and Wales only.

A provision of this Act, other than an amendment, repeal or revocation, extends to England and Wales only, subject to subsections (4) to (6).

The following provisions extend to England and Wales and Scotland—

The following provisions extend to Scotland only—

Section 116, this section and sections 118 and 119 extend to England and Wales, Scotland and Northern Ireland.

In Part 1—

In Part 2—

Part 3 (including Schedules 3, 4 and 5) comes into force on such day as the Secretary of State may by regulations appoint, except that paragraph 14(2) of Schedule 5 comes into force at the same time as section 106 of the Levelling-up and Regeneration Act 2023.

Part 4 comes into force on such day as the Secretary of State may by regulations appoint.

In Part 5—

In this Part—

The Secretary of State may by regulations make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.

Regulations under this section—

Schedule 3 to ALA 1981 applies to the acquisition of new rights under section 89, with the following modification.

Paragraph 4(2) of that Schedule (orders to be subject to special parliamentary procedure in certain cases involving local authority or statutory undertakers’ land) does not apply to the acquisition of an interest in land by Natural England acting under section 89.

Natural England, and

the person—

Paragraph 3(2) does not apply to—

In sub-paragraph (1) “statutory undertakers” means persons who are, or are deemed to be, statutory undertakers for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990; and “undertaking” is to be read in accordance with section 262 of that Act (meaning of “statutory undertakers”).

Any person who suffers loss by the extinguishment of a right, or the vesting of any apparatus, under paragraph 3 is entitled to compensation from Natural England.

Any compensation payable under this paragraph is to be determined in accordance with the Land Compensation Act 1961.

Section 8(1) of CPA 1965 is to have effect as if references to acquiring land were to acquiring a right in the land.

Schedule 2A to CPA 1965 is to be read as if, for the words of that Schedule, there were substituted—

“Schedule 2A

Counter-notice requiring purchase of land

Introduction

1

(1)

This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over the whole or part of a house, building or factory.

(2)

But see section 2A of the Acquisition of Land Act 1981 (under which a compulsory purchase order can exclude from this Schedule land that is 9 metres or more below the surface).

2

In this Schedule “house” includes any park or garden belonging to a house.

Counter-notice requiring purchase of land

3

A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner’s interest in the house, building or factory.

4

A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served.

Response to counter-notice

5

On receiving a counter-notice the acquiring authority must decide whether to—

(a)

withdraw the notice to treat,

(b)

accept the counter-notice, or

(c)

refer the counter-notice to the Upper Tribunal.

6

The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).

7

If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period.

8

If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period.

9

If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory.

Determination by Upper Tribunal

10

On a referral under paragraph 7 the Upper Tribunal must determine whether the acquisition of the right would—

(a)

in the case of a house, building or factory, cause material detriment to the house, building or factory, or

(b)

in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs.

11

In making its determination, the Upper Tribunal must take into account—

(a)

the effect of the acquisition of the right,

(b)

the proposed use of the right, and

(c)

if the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land.

12

If the Upper Tribunal determines that the acquisition of the right would have either of the consequences described in paragraph 10 it must determine how much of the house, building or factory the authority ought to be required to take.

13

If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land.

14

(1)

If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land.

(2)

If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice.

(3)

Any dispute as to the compensation is to be determined by the Upper Tribunal.”

The provisions of CPA 1965 mentioned in sub-paragraph (2) (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land) are to be read as if they were modified in accordance with sub-paragraph (3).

The provisions are—

The provisions are to be read as if they were modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be acquired compulsorily is vested absolutely in the acquiring authority.

The modifications of CP(VD)A 1981 referred to in paragraph 15(a) are as follows.

References to CPA 1965 are, in appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—

References to CPA 1965 are to be read as references to that Act as it applies to the compulsory acquisition of a right under section 89.

Section 8(1) (vesting, and right to enter and take possession) is to be read as securing that—

Section 9(2) (right of entry under section 8(1) not exercisable in respect of land subject to certain tenancies unless notice has been served on occupiers of the land) is to be read as requiring a notice served by the appropriate authority under that provision to refer to the authority’s intention to enter land specified in the notice in order to exercise the right.

In section 10(1) (acquiring authority’s liability on vesting of the land), the reference to the acquiring authority’s taking possession of the land under section 11 of CPA 1965 is to be read as a reference to the authority’s exercising the power to enter the land under that provision as modified by paragraph 12 of this Schedule.

Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) is to be read as if—

after “to” insert

“—”;

(a)

at the end insert

“, or

(b)

a condition that Natural England has requested under Part 3 of the Planning and Infrastructure Act 2025 (see sections 61(10) and 95 of that Act).”

after paragraph (2) insert—

“(2A)

Paragraph (1) does not apply to functions exercisable under or by virtue of Part 3 of the Planning and Infrastructure Act 2025 (development and nature recovery).”;

after paragraph (3) insert—

“(3A)

Paragraph (3) does not apply to functions exercised by a competent authority in connection with an environmental delivery plan within the meaning of Part 3 of the Planning and Infrastructure Act 2025.”

in paragraph (2), at the beginning insert “Subject to paragraph (2A),”;

after paragraph (2) insert—

“(2A)

In the case of a licence granted to Natural England under regulation 55(1) for a purpose specified in any of paragraph (2)(a) to (d) of that regulation, to facilitate the carrying out of any conservation measures, “relevant licensing body” means the Secretary of State.”;

in paragraph (3), at the beginning insert “Subject to paragraph (4A),”;

after paragraph (4) insert—

“(4A)

In the case of a licence that, by virtue of paragraph 4 of Schedule 3 to the Planning and Infrastructure Act 2025, is treated as having been granted to a developer under regulation 55(1) for any of the purposes specified in regulation 55(2)(e) to (g), “relevant licensing body” means—

(a)

so far as the licence relates to the restricted English inshore region, the Marine Management Organisation; and

(b)

otherwise, Natural England.”;

in paragraph (6), for “paragraph (2)” substitute “this regulation”;

at the end insert—

“(7)

In paragraph (2A), “conservation measure” has the same meaning as in Part 3 of the Planning and Infrastructure Act 2025 (development and nature recovery).”