Section 226 Compulsory acquisition of land for development and other planning purposes.C5 C6 C8 C1 C2 C3 C4 C7 C9 C10 C11 C12 C13 C14 C15 C16 C17 C18 C19

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

s. 226(1B) words substituted by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 1 para. 124(a)
s. 226(6)(a) words omitted by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 1 para. 124(b)(i)
s. 226(6)(bb) omitted by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 1 para. 124(b)(ii)
s. 226(8) words substituted by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 1 para. 124(c)

(1)

A local authority F1or strategic authority to whom this section applies shall, on being authorised to do so by the Secretary of State, have power to acquire compulsorily any land in their area F2... —

F3(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,

(b)

F4which is required for a purpose which it is necessary to achieve in the interests of the proper planning of an area in which the land is situated.

F5(1A)

But a local authority F6or strategic 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.

F7(1B)

In the application of subsections (1) and (1A) in England, “improvement” includes regeneration.

F8(1C)

Section 226A makes provision about the exercise of the function conferred by subsection (1) on combined authorities and CCAs.

F9(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(2A)

The Secretary of State must not authorise the acquisition of any interest in Crown land unless—

(a)

it is an interest which is for the time being held otherwise than by or on behalf of the Crown, and

(b)

the appropriate authority consents to the acquisition.

(3)

Where a local authority F11or strategic authority exercise their power under subsection (1) in relation to any land, they shall, on being authorised to do so by the Secretary of State, have power to acquire compulsorily—

(a)

any land adjoining that land which is required for the purpose of executing works for facilitating its development or use; or

(b)

where that land forms part of a common or open space or fuel or field garden allotment, any land which is required for the purpose of being given in exchange for the land which is being acquired.

(4)

It is immaterial by whom the local authority F12or strategic authority propose that any activity or purpose mentioned in subsection (1) or (3)(a) should be undertaken or achieved (and in particular the local authority need not propose to undertake an activity or to achieve that purpose themselves).

(5)

Where under subsection (1) the Secretary of State has power to authorise a local authority F13or strategic authority to whom this section applies to acquire any land compulsorily he may, after the requisite consultation, authorise the land to be so acquired by another authority, being a local authority within the meaning of this Act F14or strategic authority to whom this section applies.

(6)

Before giving an authorisation under subsection (5), the Secretary of State shall—

(a)

if the land is in a non-metropolitan county F15in England, consult with the councils of the county and the district;

(b)

if the land is in a metropolitan district, consult with the council of the district;

F16(bb)

if the land is in Wales, consult with the council of the county or county borough; F17...

(c)

if the land is in a London borough, consult with the council of the borough;

F18(d)

if the land is in the area of a strategic authority to whom this section applies, consult with that strategic authority (in addition to any other consultation required by this subsection).

(7)

The M1Acquisition of Land Act 1981 shall apply to the compulsory acquisition of land under this section.

(8)

The local authorities to whom this section applies are the councils of counties, F19county boroughs, districts and London boroughs.

F20(8A)

In this section “strategic authority to whom this section applies” means a combined authority or CCA.

F21(9)

Crown land must be construed in accordance with Part 13.

Annotations

Notes on Part IX

Modifications

C1: Pt. 9 applied (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 8(4)
C2: Pt. 9 (ss. 226-246) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2
C3: Pt. 9 applied (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 21(4)
C4: Pt. 9 applied (17.3.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(2), 9(2)

Section 226 Compulsory acquisition of land for development and other planning purposes.C5C6C8C1C2C3C4C7C9C10C11C12C13C14C15C16C17C18C19

Annotations

Textual amendments

Marginal citations

Modifications

Notes on Part IX

Modifications

Section 226 Compulsory acquisition of land for development and other planning purposes.C5 C6 C8 C1 C2 C3 C4 C7 C9 C10 C11 C12 C13 C14 C15 C16 C17 C18 C19