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PART 5ACQUISITION AND POSSESSION OF LAND

Modification of Part 1 of the 1965 Act

article 34 34.—(1) Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act, as applied to this Order by section 125(1) (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows—

(2) In section 4A(1)(2) (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order)” substitute “section 118 of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent)”.

(3) In section 11A(3) (powers of entry: further notice of entry)—

article 34 3 a (a)in subsection (1)(a), after “land” insert “under that provision”; and

article 34 3 b (b)in subsection (2), after “land” insert “under that provision”.

(4) In Schedule 2A(4) (counter-notice requiring purchase of land not in notice to treat) after paragraph 29, insert—

article 34 4 a (a)for paragraphs 1(2) and 14(2) substitute—

(2) But see article 29(3) (acquisition of subsoil only) and article 30(6) (acquisition of land limited to subsoil lying more than 7 metres beneath surface) of the Cambridge Waste Water Treatment Plant Relocation Order 2025, which exclude the acquisition of subsoil only from this Schedule; and

article 34 4 b (b)at the end insert—

PART 4INTERPRETATION

30.  In this Schedule, references to entering on and taking possession of land do not include doing so under article 35 (temporary use of land for carrying out the authorised development) or 36 (temporary use of land for maintaining the authorised development) of the Cambridge Waste Water Treatment Plant Relocation Order 2025.

(1)

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

(2)

Section 4A(1) was inserted by section 202(1) of the Housing and Planning Act 2016 (c. 22) and amended by s.185(2) of the Levelling-up and Regeneration Act 2023 (c. 55).

(3)

Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016 (c. 22).

(4)

Schedule 2A was inserted by paragraph 3 of Schedule 17 to the Housing and Planning Act 2016 (c. 22).