F1Part 7AHousing F2and regeneration
Words in Pt. 7A heading inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 187(2), 240(2); S.I. 2012/57, art. 4(1)(v) (with arts. 6, 7, 9-11)
F3Functions in relation to land
Ss. 333ZA-333ZJ and cross-headings inserted (15.1.2012 for the insertion of ss. 333ZA-333ZD and the heading immediately preceding s. 333ZA, 1.4.2012 so far as not already in force) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/57, art. 4(1)(w) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 6(e) (with arts. 9, 11, 14, 15, 17)
333ZACompulsory acquisition of land
1
The Authority may acquire land in Greater London compulsorily for the purposes of housing or regeneration.
2
The Authority may exercise the power in subsection (1) only if the Secretary of State authorises it to do so.
3
The power in subsection (1) includes power to acquire new rights over land.
4
Subsection (5) applies where—
a
land forming part of a common, open space or allotment is being acquired under subsection (1), or
b
new rights are being acquired under subsection (1) over land forming part of a common, open space or allotment.
5
The power under subsection (1) includes power to acquire land compulsorily for giving in exchange for that land or those new rights.
6
Part 1 of Schedule 2 to the Housing and Regeneration Act 2008 (compulsory acquisition of land by the Homes and Communities Agency) applies in relation to the acquisition of land under subsection (1) as it applies in relation to the acquisition of land under section 9 of that Act.
7
In that Part of that Schedule as applied by subsection (6)—
a
references to section 9 of that Act are to be read as references to subsection (1),
b
references to the Homes and Communities Agency are to be read as references to the Authority, and
c
references to Part 1 of that Act are to be read as references to this Part.
8
The provisions of Part 1 of the Compulsory Purchase Act 1965 (other than section 31) apply, so far as applicable, to the acquisition by the Authority of land by agreement for the purposes of housing or regeneration.
9
In this section—
“allotment” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;
“common” has the meaning given by section 19(4) of the Acquisition of Land Act 1981;
“open space” means any land which is—
- a
laid out as a public garden,
- b
used for the purposes of public recreation, or
- c
a disused burial ground.
- a
333ZBPowers in relation to land F5... held for housing or regeneration purposes
F61
Schedule 3 to the Housing and Regeneration Act 2008 (powers in relation to land acquired by the Homes and Communities Agency) applies in relation to the Authority and land held by it for the purposes of housing or regeneration as it applies in relation to the Homes and Communities Agency and its land.
2
In that Schedule as applied by subsection (1)—
a
references to the Homes and Communities Agency are to be read as references to the Authority F8, and
F7aa
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
references to the Homes and Communities Agency's land are to the Authority's land held by it for the purposes of housing or regeneration.
3
Schedule 4 to that Act (powers in relation to, and for, statutory undertakers) applies in relation to the Authority and land held by it for the purposes of housing or regeneration as it applies in relation to the Homes and Communities Agency and its land.
4
In that Schedule as applied by subsection (3)—
a
references to the Homes and Communities Agency are to be read as references to the Authority,
b
references to the Homes and Communities Agency's land are to the Authority's land held by it for the purposes of housing or regeneration,
c
references to Part 1 of that Act are to be read as references to this Part, and
d
references to the functions of the Homes and Communities Agency under Part 1 of that Act are to be read as references to the functions of the Authority relating to housing or regeneration.
F45
In this section references to the Authority include a company or body through which the Authority exercises functions in relation to housing or regeneration.
6
Subsection (5) does not affect the application of Parts 3 and 4 of Schedule 4 to the Housing and Regeneration Act 2008—
a
in relation to the acquisition of land by the Authority under this Part, or
b
in relation to land in respect of which functions of the Authority relating to housing or regeneration are being or have been exercised.
C1333ZCDisposal etc of land held for housing and regeneration purposes
1
The Authority may not dispose of land held by it for the purposes of housing or regeneration for less than the best consideration which can reasonably be obtained unless the Secretary of State consents.
2
Consent under subsection (1)—
a
may be general or specific;
b
may be given unconditionally or subject to conditions.
3
Subsection (1) does not apply to a disposal by way of a short tenancy if the disposal consists of—
a
the grant of a term of not more than 7 years, or
b
the assignment of a term which, at the date of assignment, has not more than 7 years to run.
4
A disposal of land by the Authority is not invalid merely because any consent required by subsection (1) has not been given.
5
A person dealing with—
a
the Authority, or
b
a person claiming under the Authority,
in relation to any land need not be concerned as to whether any consent required by subsection (1) has been given.
F9333ZDPower to enter and survey land
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pt. 7A inserted (E.W.) (23.12.2007) by Greater London Authority Act 2007 (c. 24), ss. 28(4), 59(5)