- acquiring authority
has the meaning given in section 18(1);
- any other project
includes a reference to any other highway that would meet the same or substantially the same need as the scheme highway would have been constructed to meet. 6E 1 This section has effect for the purposes of section 6D(3). 2 The scheme referred to in that section includes the relevant transport project only if— a regeneration or redevelopment was part of the published justification for the relevant transport project, b the works comprised in the relevant transport project are first opened for use after the period of 5 years beginning with 22nd September 2017, c the instrument authorising the compulsory acquisition of the land which is acquired for regeneration or redevelopm
- appropriate national authority
means— (a) in relation to cases where the Welsh Ministers are the acquiring authority or the confirming authority, the Welsh Ministers, and (b) in all other cases, the Secretary of State;
- blighted land
means land of a description listed in Schedule 13 to the Town and Country Planning Act 1990;
- confirming authority
means the authority having power to authorise the acquiring authority to take temporary possession of land;
- draft plan
has the meaning given by paragraph 1(3);
- enactment
includes—
- local authority
means— (a) a district council, (b) a county council, or (c) a London borough council;
- neighbourhood area
means an area designated as such under section 61G;
- obligation under a conservation covenant
has the same meaning as in Part 7 of the Environment Act 2021;
- owner
has the meaning given in section 7 of the Acquisition of Land Act 1981.”
- possession
means exclusive occupation;
- Pre-commencement condition
means a condition imposed on a grant of planning permission (other than a grant of outline planning permission within the meaning of section 92) which must be complied with— a before any building or other operation comprised in the development is begun, or b where the development consists of a material change in the use of any buildings or other land, before the change of use is begun. 9 A power conferred by any provision of this Part to impose a condition on a relevant grant of planning permission for the development of land in England is subject to— a regulations under subsection (1), and b subsection (5). 10 The Secretary of State must issue guidance to local planning authorities about the operation of this section and regulations made under it. 11 The Secretary of State may, from time to time, revise guidance issued under subsection (10). 12 The Secretary of State must arrange for guidance issued or revised under this section to be published in such manner as the Secretary of State considers appropriate. 13 In this section— a references to a relevant grant of planning permission are to any grant of permission to develop land which is granted on an a
- prescribed
means prescribed by the Secretary of State.”
- primary legislation
means—
- relevant neighbourhood development plan
means— (a) a post-examination draft neighbourhood development plan as defined by section 70(3B) to (3F), or (b) a neighbourhood development plan which forms part of a development plan by virtue of section 38(3) or (3A) of the Planning and Compulsory Purchase Act 2004 (plans which have been made or approved in a referendum);
- relevant planning application
means an application which relates to land in the neighbourhood area and is an application for— (a) planning permission or permission in principle, or (b) approval of a matter reserved under an outline planning permission within the meaning of section 92.”
- relevant right or interest
has the meaning given by section 23(10).
- relevant transport project
means a transport project carried out in the exercise of a statutory function or by the exercise of compulsory purchase powers (regardless of whether it is carried out before, after or at the same time as the regeneration or redevelopment), and b where different parts of the works comprised in such a transport project are first opened for use on different dates, each part is to be treated as a separate relevant transport project. 5 If there is a dispute as to what is to be taken to be the scheme (the “underlying scheme”) then, for the purposes of this section, the underlying scheme is to be identified by the Upper Tribunal as a question of fact, subject as follow
- relevant valuation date
has the meaning given by section 5A. 10 See also section 14 for assumptions to be made in respect of planning permission. 6B 1 This section applies where— a a person is entitled to compensation for the compulsory acquisition of land (the “original land”) for the purposes of a scheme, b on the date the notice to treat is served in respect of the original land, the person is entitled to an interest in other land (the “other land”) which is contiguous or adjacent to the original land, c the person is entitled to the interest in the other land in the same capacity as the person is entitled to the interest in the original land, and d the person's interest in the other la
- specified
means specified in regulations under subsection (3).
- the Convention rights
has the same meaning as in the Human Rights Act 1998;
- the notice period
has the meaning given in section 20(2);
- upper-tier county council
means a county council for an area for which there is also a district council;