ukpga/1981/64 — New Towns Act 1981

New Towns Act 1981 1981 c. 64 An Act to consolidate certain enactments relating to new towns and connected matters, being (except for section 43 of the New Towns Act 1965 and sections 126 and 127 of the Local Government, Planning and Land Act 1980 and certain related provisions) enactments which apply only to England and Wales. [30th October 1981] Part I New Towns and Their Development Corporations New towns Designation of areas. 1 1 If the Secretary of State is satisfied, after consultation with any local authorities who appear to him to be concerned, that it is expedient in the national interest that any area of land should be developed as a new town by a corporation established under this Act, he may make an order designating that area as the site of the proposed new town. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 An order under this section— a may include in the area designated as the site of the proposed new town any existing town or other centre of population; b may, in relation to a proposed new town in England— i designate separate parcels of land as the area for the site of the proposed new town; ii designate an area of land which is adjacent to an existing town or other centre of population so that the area is developed as an urban extension rather than as a wholly new town; and references in this Act to a new town or proposed new town are to be construed accordingly. 3A Before making an order under this section designating an area of land in England as the site of a proposed new town, the Secretary of State must consult the following persons (as well as the local authorities mentioned in subsection (1))— a persons who appear to the Secretary of State to represent those living within, or in the vicinity of, the site; b persons who appear to the Secretary of State to represent businesses with any premises within, or in the vicinity of, the site; c any other person whom the Secretary of State considers it appropriate to consult. 4 Schedule 1 to this Act has effect with respect to the procedure to be followed in connection with the making of orders under this section designating areas of land in Wales and with respect to the validity and date of operation of such orders. 5 An order under this section shall, when operative, be a local land charge . . . Local authority to oversee development of new town 1A 1 This section applies where the Secretary of State is considering designating an area of land in England as the site of a proposed new town in an order under section 1. 2 The Secretary of State may, in an order under section 1, appoint one or more local authorities to oversee the development of the area as a new town. 3 But a local authority may only be appointed if the area of land mentioned in subsection (1) is wholly or partly within the area of the local authority. 4 The Secretary of State may by regulations make provision about how a local authority is to oversee the development of an area as a new town. 5 Regulations under subsection (4) may, for example— a provide that a local authority is to exercise specified functions under this Act which would otherwise be exercisable by the Secretary of State, the appropriate Minister or the Treasury; b provide that a local authority is to exercise such functions subject to specified conditions or limitations; c provide that specified functions under this Act may be exercised only with the consent of a local authority; d make provision about the membership of a corporation established under section 3, including the proportion of the members of the corporation who may be members of or employed by a local authority; e modify provisions of this Act; f make different provision for different purposes; g make incidental, supplementary or consequential provision. 6 In subsection (5)(a) the reference to “functions” does not include a power to make regulations or other instruments of a legislative character. 7 Where two or more local authorities are appointed in an order containing provision by virtue of subsection (2), the Secretary of State may in that order provide— a that a specified function is to be exercised by a specified local authority, or b that a specified function is to be exercised by two or more specified local authorities jointly. 8 In this section— “local authority” means— a district council, a county council, or a London borough council; “specified” means specified in— an order containing provision by virtue of subsection (2), or regulations under subsection (4). Reduction of designated areas. 2 1 The Secretary of State may make an order excluding any land specified in the order from the area of a new town if, after consulting— a the development corporation for the town, and b any county council and district council or, in the case of land in Wales, any county council or county borough council in whose area the land is situated, he is satisfied that it is expedient to make the order. 2 Subject to subsections (3) and (4) below, on the coming into force of an order under subsection (1) above— a the land specified in the order shall cease to be contained in the area of the new town; and b the order made under section 1 above designating the area shall cease to operate as regards that land. 3 The Secretary of State may in an order under this section make such provision by way of savings and transitional provisions (including provisions amending provisions made by or under an enactment) as he thinks fit, and subsection (2) above applies subject to any such savings and transitional provisions. 4 Schedule 2 to this Act applies with respect to the effect of an order made under this section. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Development corporations Establishment of development corporations for new towns. 3 1 The Secretary of State shall by order establish a corporation, in this Act called a development corporation, for the purposes of the development of each new town the site of which is designated under section 1 above . . . 1A A single development corporation may be established for the purposes of the development of more than one new town in England if the Secretary of State considers that having a single development corporation would facilitate efficient development. 2 A development corporation shall be a body corporate by such name as may be prescribed by the order, and shall consist of— a a chairman; b a deputy chairman; and c at least one other member. 2ZA In the case of a development corporation established by an order under this section made by the Welsh Ministers— a the number of members other than the chairman and deputy chairman must be prescribed by the order, and b the prescribed number is not to exceed 11. 2ZB In the case of a locally-led development corporation, the number of members other than the chairman and deputy chairman must be prescribed by the order. 2A Before making an order under this section in relation to a site in England, the Secretary of State must consult the following persons— a persons who appear to the Secretary of State to represent those living within, or in the vicinity of, the site; b persons who appear to the Secretary of State to represent businesses with any premises within, or in the vicinity of, the site; c every county or district council for an area which falls wholly or partly within the site; d any other person whom the Secretary of State considers it appropriate to consult. 3 Schedule 3 to this Act has effect with respect to the constitution and proceedings of a development corporation. 4 Nothing in this Act (except the express provision relating to stamp duty in section 72(1) below) shall be construed as exempting a development corporation from liability for any tax, duty, rate, levy or other charge whatsoever, whether general or local. Objects and general powers of development corporations. 4 1 The objects of a development corporation established for the purposes of a new town shall be to secure the laying out and development of the new town in accordance with proposals approved in that behalf under this Act. 1A In pursuing those objects a development corporation that is established for the purposes of a new town in England must aim to contribute to — a the achievement of sustainable development, and b the mitigation of, and adaptation to, climate change. 1B For the purposes of subsection (1A) a development corporation must (in particular) have regard to the desirability of good design. 1C To secure such laying out and development every development corporation established for the purposes of a new town in England has the power (subject to section 5)— a to acquire, hold, manage and dispose of land and other property, b to carry out building and other operations, c to carry on any business or undertaking in or for the purposes of the new town, and generally to do anything necessary or expedient for the purposes or incidental purposes of the new town. (See also section 4A (powers in relation to infrastructure).) 2 To secure such laying out and development every development corporation established for the purposes of a new town in Wales shall have power (subject to section 5 below)— a to acquire, hold, manage and dispose of land and other property, b to carry out building and other operations, c to provide water, electricity, gas, sewerage and other services, d to carry on any business or undertaking in or for the purposes of the new town, and generally to do anything necessary or expedient for the purposes or incidental purposes of the new town. 3 In relation to subsections (1C) and (2) above— a the power of acquiring land conferred by those subsections on a development corporation includes power to acquire any land within the area of the new town, whether or not it is proposed to develop that particular land; and b the power of disposing of land conferred by those subsections on a development corporation includes, in relation to any land within the area of the new town, power to dispose of that land, whether or not the development of that particular land has been proposed or approved under section 7(1) below. 4 A development corporation (without prejudice to the generality of the powers conferred on development corporations by this Act)— a may, with the Secretary of State’s consent, contribute such sums as he may, with the Treasury’s concurrence, determine towards expenditure incurred or to be incurred by any local authority or statutory undertakers in the performance, in relation to the new town, of any of their statutory functions, including expenditure so incurred in the acquisition of land; and b may, with the like consent, contribute such sums as the Secretary of State, with the like concurrence, may determine by way of assistance towards the provision of amenities for the new town. 5 A transaction between a person and a development corporation shall not be invalidated by reason of any failure by the corporation to observe— a the objects in subsection (1) above, or b the requirement in subsection (1C) or (2) above that the corporation shall exercise the powers conferred by that subsection for the purpose there mentioned, but (it being declared for the avoidance of doubt) nothing in this section shall be construed as authorising the disregard by a development corporation of any enactment or rule of law. Powers in relation to infrastructure: England 4A 1 A development corporation established for the purposes of a new town in England may, to secure the laying out and development referred to in section 4(1), provide or facilitate the provision of infrastructure. 2 In this section “ provide ” includes provide by way of acquisition, construction, conversion, improvement or repair (and “provision” is to be read in the same way). 3 In this section “ infrastructure ” means— a water, electricity, gas, telecommunications, sewerage or other services, including heat networks, b roads or other transport facilities, c retail or other business facilities, d health, educational, employment or training facilities, e social, religious or recreational facilities, f cremation or burial facilities, and g community facilities not falling within paragraphs (a) to (f). 4 Section 4(5) applies in relation to subsection (1) as it applies in relation to section 4(2). Restrictions on powers of development corporations. 5 1 A development corporation does not have power to borrow money except in accordance with sections 58 to 60 below. 2 The Secretary of State may give directions to any development corporation— a for restricting the exercise by them of any of their powers under this Act, or b for requiring them to exercise those powers in any manner specified in the directions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Before giving any directions to a development corporation under subsection (2) above, the Secretary of State shall— a consult with the chairman of the corporation, or, b if the chairman is not available, consult with the deputy chairman, unless he is satisfied that, on account of urgency, such consultation is impracticable. 4 A transaction between— a a person, and b a development corporation acting in purported exercise of their powers under this Act, shall not be void by reason only that it was carried out in contravention of a direction given by the Secretary of State under subsection (2) above, and such person shall not be concerned to see or enquire whether a direction under that subsection has been given or complied with. 5 Nothing in this Act shall be construed as authorising a development corporation to carry on— a any undertaking for the supply of water, electricity or gas or for the provision of sewerage services or heat networks , or b in the case of a development corporation established for the purposes of a new town in Wales, any railway, light railway, tramway or trolley vehicle undertaking, except under the authority of an enactment not contained in this Act specifically authorising them to do so or, in the case of a trolley vehicle undertaking in Wales , under the authority of such an enactment or of an order under section 32 below. Allocation or transfer of new town functions. 6 1 If, in the case of the area of any new town— a it appears to the Secretary of State that there are exceptional circumstances which render it expedient that the functions of a development corporation under this Act should be performed by the development corporation established for the purposes of any other new town instead of by a separate corporation established for the purpose, then b instead of establishing such a corporation, he may by order direct that those functions shall be performed by the development corporation established for that other new town. 2 If it appears to the Secretary of State that there are exceptional circumstances which render it expedient that the functions of a development corporation established for the purposes of a new town should be transferred— a to the development corporation established for the purposes of any other new town, or b to a new development corporation to be established for the purposes of the first-mentioned new town, he may by order provide for the dissolution of the first-mentioned corporation and for the transfer of its functions, property, rights and liabilities— i to the development corporation established for the purposes of that other new town, or, as the case may be, ii to a new corporation established for the purposes of the first-mentioned new town by the order. 3 An order under this section— a providing for the exercise of functions in relation to a new town by the development corporation established for the purposes of another new town, or b providing for the transfer of such functions to such a corporation, may modify the name and constitution of that corporation in such manner as appears to the Secretary of State to be expedient; and for the purposes of this Act that corporation shall be treated as having been established for the purposes of each of those new towns. This subsection is without prejudice to the other provisions of this Act with respect to the variation of orders. 4 Before making an order under this section— a providing for the transfer of functions from or to a development corporation, or b providing for the exercise of any functions by such a corporation, the Secretary of State shall consult with that corporation. Planning control in new towns Planning control : proposals given effect by development order . 7 1 In relation to a new town— a the development corporation shall from time to time submit to the Secretary of State, in accordance with any directions given by him in that behalf, their proposals for the development of land within the area of the new town; and b the Secretary of State, after consultation with the district planning authority within whose area the land is situated, and with any other local authority who appear to him to be concerned, may approve any such proposals either with or without modification. 2 A special development order made by the Secretary of State under section 59 of the Town and Country Planning Act 1990 with respect to the area of a new town— a may grant permission for any development of land in accordance with proposals approved under subsection (1) above; and b such permission shall be subject to such conditions, if any (including conditions requiring details of any proposed development to be submitted to the district planning authority) as may be specified in the order. This subsection is without prejudice to the generality of the powers conferred by sections 59 to 61 of that Act of 1990 . 3 In this section the references to a district planning authority shall , in relation to proposals for development of land in Wales or in a metropolitan county, be construed as references to the local planning authority; and in relation to proposals for any development which is a county matter as defined in paragraph 1 of Schedule 1 to the Town and Country Planning Act 1990 and which is of land in a non-metropolitan county , be construed as references to the county planning authority. Development corporation as planning authority in England 7A 1 This section applies in relation to a development corporation established for the purposes of a new town in England. 2 The Secretary of State may provide by order for the corporation to be the local planning authority for the specified area— a for such purposes of Part 3 of the Town and Country Planning Act 1990, and in relation to such kinds of development, as are specified, or b for such purposes of Part 2 or 3 of the Planning and Compulsory Purchase Act 2004 as are specified. 3 An order under subsection (2) may provide— a that any enactment relating to local planning authorities is not to apply to the corporation, or b that any such enactment which applies to the corporation is to apply to it subject to such modifications as are specified. 4 The Secretary of State may provide by order— a for the corporation to have, in the specified area, the functions conferred by such of the enactments mentioned in Part 1 of Schedule 29 to the Local Government, Planning and Land Act 1980 as are specified; b for such of the enactments mentioned in Part 2 of that Schedule as are specified in the order to have effect, in relation to the corporation and to land in the specified area, subject to the modifications set out in that Part; c for such of the provisions of that Part 2 as apply for the purposes of the order to be read, for those purposes, as if— i any reference to an urban development corporation were a reference to a development corporation established under section 3 of this Act, and ii any reference to regenerating an area were a reference to developing a new town. 5 An order under subsection (4) may provide— a that any enactment relating to local planning authorities applies to the corporation for the purposes of any enactment specified in Schedule 29 to the Local Government, Planning and Land Act 1980 which relates to land in the specified area by virtue of the order; b that any enactment so applied to the corporation applies to it subject to modifications specified in the order. 6 The Secretary of State may, if the corporation is not a locally-led development corporation, provide by order for the corporation to be the minerals and waste planning authority for the specified area for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004. 7 The Secretary of State may provide by order that the corporation is to have, in the specified area, the functions conferred on the relevant planning authority by Schedule 8 to the Electricity Act 1989 so far as it applies to applications for consent under section 37 of that Act. 8 The area specified under any of the preceding subsections must be the whole, or part, of the area of the new town. 9 An order under this section may include supplementary or transitional provision or savings. 10 In this section “ specified ” means specified in an order under this section. Arrangements for discharge of, or assistance with, planning functions in England 7B 1 Subsection (2) applies in relation to any function that a development corporation has by virtue of an order under section 7A(2)(a). 2 The corporation may make arrangements for the discharge of the function by the council (if any) which would have the function but for the order. 3 Where arrangements are in force under subsection (2) for the discharge of a function by a council— a the council may arrange for the discharge of the function by a committee, sub-committee or officer of the council, and b section 101(2) of the Local Government Act 1972 (delegation by committees and sub-committees) applies in relation to the function as it applies in relation to functions of the council. 4 Arrangements under subsection (2) for the discharge of a function do not prevent the development corporation from exercising the function. 5 Subsection (6) applies in relation to any function that a development corporation has by virtue of an order under section 7A(2)(b) or (6). 6 The corporation may seek assistance in connection with the discharge of the function from the council (if any) which would have the function but for the order; and that council may give such assistance. 7 In this section, “ council ” means a county council, district council or London borough council. Features of special architectural or historic interest. 8 It is the Secretary of State’s duty to give to a development corporation such directions— a with respect to the disposal of land acquired by them under this Act, and b with respect to the development by them of such land, as appear to him to be necessary or expedient for securing, so far as practicable, the preservation of any features of special architectural or historic interest, and in particular of buildings included in any list ( compiled or approved, or having effect as if compiled or approved, under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (which relates to the compilation or approval by the Secretary of State of lists of buildings of such interest) or under section 76 of the Historic Environment (Wales) Act 2023 (which makes similar provision for Wales) . Frontages and abutments. 9 1 In the case of land— a which forms a frontage to a road, or b which abuts on or is adjacent to a road, a local highway authority or the Secretary of State may enter into an agreement with any owner of the land imposing on the land, so far as that owner’s interest in the land enables him to bind it, restrictions for controlling the development of the land. 2 Any restrictions imposed by an agreement under subsection (1) above may be enforced by the local highway authority or the Secretary of State, as the case may be, against the owner referred to in that subsection and any person deriving title under him in the like manner and to the like extent— a as if that authority or the Secretary of State were possessed of, or interested in, adjacent land; and b as if that agreement had been entered into for the benefit of such land. Transport functions relating to new towns in England Exercise of transport functions 9A 1 A relevant transport authority must— a have regard to any plans published or shared with the authority by an English new town development corporation that may be relevant to the exercise of the authority’s functions, and b co-operate with an English new town development corporation in the development and implementation of the corporation’s plans. 2 If the Secretary of State considers that a relevant transport authority has failed to comply with the duty in subsection (1), the Secretary of State may direct the authority to exercise its functions in such a way as to comply with that duty. 3 If a relevant transport authority fails to comply with a direction under subsection (2), the Secretary of State may by regulations provide for any function of the transport authority that has an effect on the area of the new town for which the development corporation was established to be exercisable by the development corporation. 4 Regulations under subsection (3) may make provision for the function to be exercisable by the development corporation either generally or subject to such conditions or limitations as may be specified in the regulations. 5 Regulations under subsection (3) may make provision for the function to be exercisable by the development corporation— a instead of by the relevant transport authority, b concurrently with the relevant transport authority, or c jointly with the relevant transport authority. 6 Regulations under subsection (3) may— a make different provision for different purposes; b include consequential, supplementary, incidental, transitional or saving provision. 7 The Secretary of State may, in connection with regulations under subsection (3), make one or more schemes for the transfer of property, rights and liabilities between the corporation and the relevant transport authority to which the regulations relate (see also section 9B (transfer schemes: general provisions)). 8 In this section— “ English new town development corporation ” means a new town development corporation established for the purposes of a new town in England; “ relevant transport authority ” means any of the following for an area in England— a local transport authority within the meaning of Part 2 of the Transport Act 2000 (see section 108(4) of that Act), a local highway authority within the meaning of the Highways Act 1980 (see section 329 of that Act), or a local traffic authority within the meaning of the Road Traffic Regulation Act 1984 (see section 121A(5) of that Act). Transfer schemes: general Transfer schemes under sections 1 and 9A: general provisions 9B 1 In this section “ transfer scheme ” means a scheme under section 1(3ZD) or 9A(7). 2 The things that may be transferred under a transfer scheme include— a property, rights and liabilities that could not otherwise be transferred, and b property acquired, and rights and liabilities arising, after the making of the scheme. 3 A transfer scheme may— a create rights, or impose liabilities, in relation to property or rights transferred; b make provision about the continuing effect of things done by, on behalf of or in relation to the transferor in respect of anything transferred; c make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred; d make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the new regulator; e make provision for the shared ownership or use of property; f make provision which is the same as or similar to the TUPE regulations; g make other consequential, supplementary, incidental or transitional provision. 4 A transfer scheme may provide— a for modifications by agreement; b for modifications to have effect from the date when the original scheme came into effect. 5 In subsection (3)(f), “ the TUPE regulations ” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 ( S.I. 2006/246 ). 6 For the purposes of this section— a references to rights and liabilities include rights and liabilities relating to a contract of employment; b references to the transfer of property include the grant of a lease. Acquisition of land by development corporations and highway authorities Acquisition of land by development corporations. 10 1 A development corporation may, with the Secretary of State’s consent, acquire by agreement, or may, by means of an order made by the corporation and submitted to and confirmed by the Secretary of State in accordance with Part I of Schedule 4 to this Act, be authorised to acquire compulsorily— a any land within the area of the new town, whether or not it is proposed to develop that particular land; b any land adjacent to that area which they require for purposes connected with the development of the new town; c any land, whether adjacent to that area or not, which they require for the provision of services for the purposes of the new town. 2 A compulsory purchase order under this section shall, in so far as it relates to land— a which is the property of a local authority, or which is held inalienably by the National Trust, or b which forms part of a common, open space or fuel or field garden allotment, be subject to the special provisions of Part IV of Schedule 4. 3 Where a development corporation have been authorised under subsection (1) above to acquire compulsorily land forming part of a common, open space or fuel or field garden allotment, they may be authorised under that subsection to acquire compulsorily, or may, with the Secretary of State’s consent, acquire by agreement, land for giving in exchange for the land acquired. 4 Part V of Schedule 4 has effect with respect to the validity and date of operation of compulsory purchase orders under this section. 5 In relation to operational land of statutory undertakers this section has effect subject to section 13 below. Acquisition of land for highways. 11 1 Where the Secretary of State is satisfied that the construction or improvement of a road is needed— a outside the area of a new town, for the purpose of securing the development of land in that area in accordance with proposals approved by him under section 7 above, or b for the purpose of providing proper means of access to such an area, a local highway authority may be authorised by means of an order made by the authority and submitted to and confirmed by the Secretary of State in accordance with Parts I and II of Schedule 4 to this Act, to acquire compulsorily any land as to which he is satisfied that its acquisition by the authority is requisite— i for the construction or improvement of the road, or ii for carrying out the improvement, or controlling the development, of frontages to the road or of lands abutting on or adjacent to the road. 2 If the Secretary of State— a is satisfied that the construction or improvement of a road is needed to supersede a part of a road for which he is the highway authority , and b it appears to him that such supersession is expedient for any such purpose as is mentioned in subsection (1)(a) or (b) above, he may be authorised, by means of an order made by him in accordance with Part III of Schedule 4, to acquire compulsorily any land as to which he is satisfied that its acquisition by him in requisite as mentioned in subsection (1)(i) or (ii). 3 A compulsory purchase order under this section shall, in so far as it relates to land— a which is the property of a local authority or which is held inalienably by the National Trust, or b which forms part of a common, open space or fuel or field garden allotment, be subject to the special provisions of Part IV of Schedule 4. 4 Where an acquiring authority have been authorised under subsection (1) or subsection (2) above to acquire compulsorily land forming part of a common, open space or fuel or field garden allotment, that authority may be authorised under the same subsection to acquire compulsorily land for giving in exchange for the land acquired. 5 Part V of Schedule 4 has effect with respect to the validity and date of operation of compulsory purchase orders under this section. 6 A local highway authority may, with the Secretary of State’s consent, acquire by agreement any land which they could be authorised under subsection (1) to acquire compulsorily. 7 In relation to operational land of statutory undertakers the foregoing provisions of this section have effect subject to section 13 below. Local land charges under ss. 10 and 11. 12 A compulsory purchase order under section 10 or section 11 above shall, when operative, be a local land charge. Acquisition of statutory undertakers’ operational land. 13 1 In the case of operational land of statutory undertakers— a an order— i under section 10(1) above authorising the compulsory acquisition of that land by a development corporation, or ii under section 11(1) above authorising its compulsory acquisition by a local highway authority, instead of being made and confirmed as provided in section 10(1) or section 11(1), as the case may be, may be made by the Secretary of State and the appropriate Minister in accordance with Part I of Schedule 5 to this Act, on the application of that development corporation or local highway authority, b an order under section 11(2) authorising the compulsory acquisition of that land by the Secretary of State, instead of being made as provided in section 11(2), may be made by the Secretary of State and the appropriate Minister in accordance with Part II of Schedule 5, and in relation to a compulsory purchase order made as provided in paragraph (a) or paragraph (b) above Parts IV and V of Schedule 4 to this Act shall apply accordingly, subject in the case of Part V to the modifications set out in Part III of Schedule 5. 2 If— a any objection to an application for a compulsory purchase order to be made in accordance with subsection (1)(a) above, or to a proposal to make such an order in accordance with subsection (1)(b) above, is duly made by any statutory undertakers, and b any of the land to which the application or the proposal relates is operational land of those undertakers, then, unless that objection is withdrawn, any order made on the application or proposal shall be subject to special parliamentary procedure. 3 Where a compulsory purchase order under section 10 or section 11, not being an order made as provided in subsection (1)(a) or subsection (1)(b), is submitted, or is proposed to be made, in accordance with Schedule 4, and with respect to any land (being the whole or part of the land to which the order relates) statutory undertakers make to the appropriate Minister, in the prescribed manner and within the time within which objections to the order may be made— a a representation that the first-mentioned land is operational land, and b a request for that land to be excluded from the order, and it is determined that that land is operational land, then, subject to the following provisions of this section— i if that land constitutes the whole of the land to which the order relates, the order shall not be confirmed or not be made, as the case may be; and ii if that land forms part only of the land to which the order relates, the order shall be modified so as to exclude that land. 4 Where it is proposed to make an order under section 1 above, any statutory undertakers may, with respect to any land within the area to be designated by the order as the site of the proposed new town, make to the appropriate Minister, in the prescribed form and within the time allowed for making objections to the order, a representation that that land is operational land. 5 Where a representation is made under subsection (4) above with respect to any land, the Secretary of State and the appropriate Minister may make an order, which shall be subject to special parliamentary procedure, declaring that it is expedient that that land should be subject to compulsory acquisition. 6 Where, in the case of a compulsory purchase order under section 10, any land to which the order relates is within the area of a new town and is land in relation to which, apart from this subsection, subsection (3) above would apply, then subsection (3) shall not apply in relation to that land— a if no representation was made under subsection (4) with respect thereto; or b if an order under subsection (5) above has come into force with respect thereto. Application of Compulsory Purchase Act 1965 and modification of Land Compensation Act 1961. 14 1 Part I of the Compulsory Purchase Act 1965 applies in relation to the acquisition of land under this Act subject to any necessary adaptations and to Part I of Schedule 6 to this Act. 2 The Land Compensation Act 1961, in its application for the purposes of this Act, has effect subject to any necessary adaptations and to Part II of Schedule 6. 3 A compulsory purchase order may provide for the incorporation with this Act of section 77 of the Railway Clauses Consolidation Act 1845 (which relates to the exception of minerals from purchases) and sections 78 to 85 of that Act (which relate to restrictions on the working of minerals) as originally enacted and not as amended for certain purposes by section 15 of the Mines (Working Facilities and Support) Act 1923, or of that section 77 only. 4 The provision referred to in subsection (3) above— a may be made as to all or any of the land to which the compulsory purchase order relates, and b may include such modification of references in those sections to the railway or works, or to the company, as may be specified in the order, and for the purposes of any such incorporation of those sections, this Act and the compulsory purchase order shall be deemed to be the special Act. Compensation for acquisition of statutory undertakers’ operational land. 15 1 Where statutory undertakers are entitled to compensation in respect of a compulsory acquisition under this Act of operational land, Schedule 7 to this Act shall have effect as regards the assessment of the amount of that compensation. 2 In this section “ compensation in respect of a compulsory acquisition ” includes— a compensation payable in connection with the acquisition for damage sustained by reason of the severing of the land acquired from other land held therewith or otherwise injuriously affecting such other land; and b compensation payable for disturbance or any other matter not directly based on the value of the land. Extinguishment of rights over land compulsorily acquired. 16 1 Subject to the provisions of this section, upon the completion by the acquiring authority of a compulsory acquisition of land under this Act, all private rights of way and rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land shall be extinguished, and any such apparatus shall vest in the acquiring authority. 2 Subsection (1) above shall not apply to any right vested in, or apparatus belonging to, statutory undertakers for the purpose of the carrying on of their undertaking or to any right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network or to any electronic communications apparatus kept installed for the purposes of any such network . 3 In respect of any right or apparatus not falling within subsection (2) above, subsection (1) shall have effect subject— a to any direction given by the acquiring authority before the completion of the acquisition that subsection (1) shall not apply to any right or apparatus specified in the direction; and b to any agreement which may be made (whether before or after the completion of the acquisition) between the acquiring authority and the person in or to whom the right or apparatus in question is vested or belongs. 4 Any person who suffers loss by the extinguishment of a right or the vesting of any apparatus under this section shall be entitled to compensation from the acquiring authority. 5 Any compensation payable under this section shall be determined in accordance with the Land Compensation Act 1961. Disposal of land by development corporation Conditions as to disposal. 17 1 In relation to any land acquired by a development corporation, and— a subject to this section and to any direction given by the Secretary of State under this Act, and b whether or not, in the case of land within the area of the new town, the development of that particular land has been proposed or approved under section 7(1) above, the development corporation may dispose of that land— i to such persons, ii in such manner, iii subject to such covenants or conditions, as they consider expedient for securing the development of the new town in accordance with proposals approved by the Secretary of State under that section 7(1), or for purposes connected with the development of the new town. 2 A development corporation has no power, except with the Secretary of State’s consent (given generally or specially)— a to transfer the freehold of any land, or b to grant a lease of any land for a term of more than 99 years or c to dispose of any land by way of gift . 3 Where a development corporation purports to dispose of land by virtue of this section, then— a in favour of any person claiming under the corporation, the disposal so purporting to be made shall not be invalid by reason that any consent which is required under subsection (2) above has not been given; and b a person dealing with the corporation or a person claiming under the corporation shall not be concerned to see or enquire whether any such consent has been given. 4 A development corporation has no power to dispose of land by way of mortgage or charge. Disposal to pre-acquisition occupiers. 18 1 In relation to land acquired by a development corporation under this Act, if persons who were living or carrying on business or other activities on land so acquired— a desire to obtain accommodation on land belonging to the corporation, and b are willing to comply with any requirements of the corporation as to its development and use, the corporation’s powers with respect to the disposal of that land shall be exercised as provided in subsection (2) below. 2 The corporation’s powers referred to in subsection (1) above shall be so exercised as to secure, so far as practicable, that those persons have an opportunity to obtain such accommodation suitable to their reasonable requirements, on terms settled with due regard to the price at which such land has been acquired from them. 3 In the case of a person who was carrying on a business of selling alcohol (within the meaning of section 191 of the Licensing Act 2003) by retail on land acquired by a development corporation under this Act, the corporation is not under any duty to afford him an opportunity of obtaining alternative accommodation for such a business. Powers exercisable in relation to land acquired by development corporation or highway authority Power to override easements and other rights. 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consecrated land and burial grounds. 20 1 Any consecrated land, whether including a building or not, which has been acquired for the purposes of this Act by a development corporation or local highway authority, or which has been acquired under this Act by the Secretary of State, may, subject to this section— a in the case of land acquired by such a corporation or authority, be used by them, or by any other person, in any manner in accordance with planning permission, and b in the case of land acquired by the Secretary of State, be used in any manner by him or on his behalf for any purpose for which he acquired the land, notwithstanding any obligation or restriction imposed under ecclesiastical law or otherwise in respect of consecrated land. This subsection does not apply to land which consists or forms part of a burial ground. 2 Any use of consecrated land authorised by subsection (1) above— a shall be subject to compliance with the prescribed requirements with respect to the removal and reinterment of any human remains and the disposal of monuments and fixtures and furnishings, and b shall be subject to such provisions as may be prescribed for prohibiting or restricting the use of the land, either absolutely or until the prescribed consent has been obtained, so long as any church or other building used or formerly used for religious worship, or any part of it, remains on the land, and the use of any land, not being consecrated land, acquired as mentioned in subsection (1), which at the time of acquisition included a church or other building used or formerly used for religious worship, or its site, shall be subject to compliance with the requirements mentioned in paragraph (a) above. 3 Any regulations made for the purposes of subsection (2) above— a shall contain such provisions as appear to the Secretary of State to be requisite for securing that any use of land which is subject to compliance with the regulations shall, as nearly as may be, be subject to the like control as is imposed by law in the case of a similar use authorised by an enactment not contained in this Act or by a Measure, or as it would be proper to impose on a disposal of the land in question otherwise than in pursuance of an enactment or Measure; b shall contain requirements relating to the disposal of any such land as is mentioned in subsection (2) such as appear to the Secretary of State requisite for securing that the provisions of that subsection shall be complied with in relation to the use of the land; and c may contain such incidental and consequential provisions (including provision as to the closing of registers) as appear to the Secretary of State to be expedient for the purposes of the regulations. 4 Any land consisting of a burial ground or part of a burial ground, which has been acquired as mentioned in subsection (1) may— a in the case of land acquired by a development corporation or local highway authority, be used by them in any manner in accordance with planning permission, and b in the case of land acquired by the Secretary of State, be used in any manner by him or on his behalf for any purpose for which he acquired the land, notwithstanding anything in any enactment relating to burial grounds or any obligation or restriction imposed under ecclesiastical law or otherwise in respect of burial grounds. 5 Subsection (4) above does not have effect in respect of any land which has been used for the burial of the dead until the prescribed requirements with respect to the removal and reinterment of human remains, and the disposal of monuments, in and upon the land have been complied with. 6 Provision shall be made by any regulations for the purposes of subsections (2) and (5) above— a for requiring the persons in whom the land is vested to publish notice of their intention to carry out the removal and reinterment of any human remains or the disposal of any monuments; b for enabling the personal representatives or relatives of any deceased person themselves to undertake the removal and reinterment of the remains of the deceased, and the disposal of any monument commemorating the deceased, and for requiring the persons in whom the land is vested to defray the expenses of such removal, reinterment and disposal, not exceeding such amount as may be prescribed; c for requiring compliance with such reasonable conditions (if any) as may be imposed, in the case of consecrated land, by the bishop of the diocese, with respect to the manner of removal, and the place and manner of reinterment of any human remains, and the disposal of any monuments, and with any directions given in any case by the Secretary of State with respect to the removal and reinterment of any human remains. 7 Subject to any such regulations, no faculty shall be required— a for the removal and reinterment in accordance with the regulations of any human remains, or b for the removal or disposal of any monuments, and section 25 of the Burial Act 1857 (which prohibits the removal of human remains without the Secretary of State’s licence except in certain cases) does not apply to a removal carried out in accordance with the regulations. 8 Any power conferred by this section to use land in the manner so provided shall be construed as a power so to use the land, whether it involves the erection, construction or carrying out of any building or work, or the maintenance of any building or work, or not. 9 Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than contravention of any such obligation, restriction or enactment as is mentioned in subsection (1) or subsection (4). 10 Nothing in this section shall be construed as authorising any act or omission on the part of a development corporation or local highway authority, or of any body corporate, in contravention of any limitation imposed by law on their capacity by virtue of the constitution of the corporation, authority or body. 11 In this section— “ burial ground ” includes any churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of interment; and “ monument ” includes a tombstone or other memorial. Open spaces. 21 1 Any land being, or forming part of, a common, open space or fuel or field garden allotment, which has been acquired for the purposes of this Act by a development corporation or local highway authority, or which has been acquired under this Act by the Secretary of State, may— a in the case of land acquired by such a corporation or authority, be used by them, or by any other person, in any manner in accordance with planning permission, and b in the case of land acquired by the Secretary of State, be used in any manner by him or on his behalf for any purpose for which he acquired the land, notwithstanding anything in any enactment relating to land of that kind, or in any enactment by which the land is specially regulated. 2 Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than contravention of any such enactment as is mentioned in subsection (1) above. 3 Nothing in this section shall be construed as authorising any act or omission on the part of a development corporation or local highway authority, or of any body corporate, in contravention of any limitation imposed by law on their capacity by virtue of the constitution of the corporation, authority or body. Possession of houses. 22 If the Secretary of State certifies that possession of a house— a which has been acquired for the purposes of this Act by a development corporation or local highway authority, and b which is for the time being held by that corporation or authority for the purposes for which it was acquired, is immediately required for those purposes, nothing in the Rent (Agriculture) Act 1976 or the Rent Act 1977 or Part I of the Housing Act 1988 shall prevent that corporation or authority from obtaining possession of the house. Extinguishment of public rights of way. 23 1 Where any land— a has been acquired for the purposes of this Act by a development corporation or local highway authority and is for the time being held by that corporation or authority for those purposes, or b has been acquired under this Act by the Secretary of State and is for the time being held for the purposes for which he acquired it, the Secretary of State may by order extinguish any public right of way over the land. 2 Where the Secretary of State proposes to make an order under this section, he shall publish in such manner as appears to him to be requisite a notice— a stating the effect of the order, and b specifying the time (not being less than 28 days from the publication of the notice) within which and the manner in which, objections to the proposal may be made, and shall serve a like notice— i on the district planning authority or, in the case of land in Wales, the local planning authority in whose area the land is situated; and ii if different on the relevant highway authority. In this subsection “ the relevant highway authority ” means any authority who are a highway authority in relation to the right of way proposed to be extinguished by the order, other than an authority who have applied for the order to be made. 3 Where an objection to a proposal to make an order under this section is duly made and is not withdrawn, Schedule 8 to this Act shall have effect in relation to the proposal. 4 For the purposes of this section an objection to such a proposal shall not be treated as duly made unless— a it is made within the time and in the manner specified in the notice required by this section; and b a statement in writing of the grounds of the objection is comprised in or submitted with the objection. 5 Where— a it is proposed to make an order under this section extinguishing a public right of way over a road on land acquired for the purposes of this Act by a development corporation, and b compensation in respect of restrictions imposed under section 1 or section 2 of the Restriction of Ribbon Development Act 1935 in respect of that road has been paid by the highway authority (or, in the case of a trunk road, by the authority who, when the compensation was paid, were the authority for the purposes of section 4 of the Trunk Roads Act 1936), the order may provide for the payment by the development corporation to that authority, in respect of the compensation so paid, of such sums as the Secretary of State, with the Treasury’s consent, may determine. 6 Where the Secretary of State is satisfied that the construction or improvement of a road is or will be needed in consequence of the extinguishment under this section of a public right of way, section 11 above shall apply as it applies where the Secretary of State is satisfied that the construction or improvement of a road is needed as mentioned in subsection (1) of that section. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 1 Where an order under section 23 of this Act extinguishing a public right of way is made on the application of a development corporation or local highway authority, and at the time of the publication of the notice required by subsection (2) of that section any electronic communications apparatus was kept installed for the purposes of an electronic communications code network under, in, over, along or across the land over which the right of way subsisted— a the power of the operator of the network to remove the apparatus shall, notwithstanding the making of the order, be exercisable at any time not later than the end of the period of three months from the date on which the right of way is extinguished and shall be exercisable in respect of the whole or any part of the apparatus after the end of that period if before the end of that period the operator of the network has given notice to the corporation or authority of his intention to remove the apparatus or that part of it, as the case may be; b the operator of the network may by notice given in that behalf to the corporation or authority not later than the end of that period of three months abandon the electronic communications apparatus or any part of it; c subject to paragraph ( b ) above, the operator of the network shall be deemed at the end of that period to have abandoned any part of the apparatus which he has then neither removed nor given notice of his intention to remove; d the operator of the network shall be entitled to recover from the corporation or authority the expenses of providing, in substitution for the apparatus and any other electronic communications apparatus connected with it which is rendered useless in consequence of the removal or abandonment of the first-mentioned apparatus, any electronic communications apparatus in such other place as the operator may require; e where under the preceding provisions of this subsection the operator of the network has abandoned the whole or any part of any electronic communications apparatus , that apparatus or that part of it shall vest in the corporation or authority and shall be deemed, with its abandonment, to cease to be kept installed for the purposes of an electronic communications code network . 2 Where the Secretary of State makes an order under section 23 above in circumstances in which subsection (1) above applies in relation to the operator of an electronic communications code network , the Secretary of State shall send a copy of the order to the operator. Special power to create trunk roads. 25 The Secretary of State may direct that any road constructed by him on land transferred to or acquired by him under this Act shall, on such date as may be specified in the direction, become a trunk road within the meaning of the Highways Act 1980; and the provisions of that Act relating to trunk roads shall apply to the road accordingly. Statutory undertakers, and provision of trolley vehicle services Extinguishment of rights of way and removal of apparatus. 26 1 This section applies to land— a which has been acquired for the purposes of this Act by a development corporation or local highway authority and is for the time being held by that corporation or authority for those purposes, or b which has been acquired under this Act by the Secretary of State and is for the time being held for the purposes for which he acquired it. 2 Where, in the case of any land to which this section applies— a there subsists over that land a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over the land, or b there is on, under or over the land apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, the acquiring authority may serve on the statutory undertakers a notice stating that, at the end of such period as may be specified in the notice, the right will be extinguished, or requiring that, before the end of such period as may be so specified, the apparatus shall be removed. 3 The statutory undertakers on whom a notice is served under subsection (2) above may, before the end of the period of 28 days from the service of the notice, serve a counter-notice on the acquiring authority stating that they object to all or any of the provisions of the notice, and specifying the grounds of their objection. 4 If no counter-notice is served under subsection (3) above— a any right to which the notice relates shall be extinguished at the end of the period specified in that behalf in the notice; and b if, at the end of the period so specified in relation to any apparatus, any requirement of the notice as to the removal of the apparatus has not been complied with, the acquiring authority may remove the appar