Town and Country Planning Act 1976 · Updated to 1 Jun 2021 · Part VII · Purchase Notice and Acquisition of Land
Section 37
Feedback & supportWithout prejudice to the operation of any written law for the time being in force relating to the acquisition of land, a registered proprietor of land—
land
“land” includes— (a) the surface, and all substances forming the surface, of the earth; (b) all substances below the surface of the earth; (c) all vegetation and other natural products, whether or not requiring periodical application of labour to their production, and whether on or below the surface of the earth; (d) all things, whether on or below the surface of the earth, that are attached to the earth or permanently fastened to any thing attached to the earth; (e) land covered by water; and (f) any estate or interest in, or right over, land;
for the development of whose land planning permission has been refused under subsection 22(3) on the grounds that the land is indicated in the development plan, whether expressly or by implication, as land intended for a public purpose and who claims that, by reason of the refusal, the land is incapable of reasonable beneficial use; or
development
“development” means the carrying out of any building, engineering, mining, industrial, or other similar operation in, on, over, or under land, the making of any material change in the use of any land or building or any part thereof, or the subdivision or amalgamation of lands; and
who claims that, by reason of compliance with a requisition notice in respect of his land served on him under section 30, the land is incapable of reasonable beneficial use, may, in the prescribed manner, serve on the local planning authority a purchase notice in the prescribed form, requiring his interest in the land to be purchased in accordance with this section.
requisition notice
“requisition notice” means a requisition notice referred to in section 30;
There shall be served with the purchase notice a statement of the facts and reasons to justify the claims in the notice, together with copies of any available documents, including affidavits, that may furnish proof of the facts and reasons.
purchase notice
“purchase notice” means a purchase notice referred to in section 37;
The local planning authority shall investigate the claim made in every purchase notice served under subsection (1) and, if it is satisfied that the notice is in the prescribed form and has been prepared and served in the prescribed manner, shall submit the notice to the State
Authority together with the statement and any other documents served with the notice and—
in the case of a purchase notice of a person claiming under paragraph (1)(a), a detailed report concerning the refusal of planning permission giving rise to the claim, a statement of the specific purpose for which the land is intended, and a statement of the opinion of the local planning authority as to whether the land is capable of reasonable beneficial use;
and
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in the case of a purchase notice of a person claiming under paragraph (1)(b), details of the requisition notice giving rise to the claim and a statement of the opinion of the local planning authority as to whether the land is capable of reasonable beneficial use.
If the local planning authority is not satisfied that the purchase notice is in the prescribed form or has been prepared or served in the prescribed manner, it shall reject the purchase notice, but without prejudice to the service of another purchase notice.
The State Authority, after considering the purchase notice and all other matters submitted by the local planning authority under subsection (3), shall—
if the State Authority is satisfied that the land to which the purchase notice relates is capable of reasonable beneficial use, reject the purchase notice; or
if the State Authority is not satisfied that the land to which the purchase notice relates is capable of reasonable beneficial use or is satisfied that the land is not capable of such use, direct the local planning authority to initiate steps towards the acquisition of the land in accordance with the provisions of the Land
Acquisition Act 1960 [Act 486].
For the purposes of the Land Acquisition Act 1960—
any land intended to be acquired pursuant to this section shall be deemed to be needed by the local planning authority;
the local planning authority shall be deemed to be a corporation undertaking a work that is of public utility; and
the land shall be deemed to be needed for the purpose referred to in paragraph 3(1)(b) of the Act.
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Notwithstanding any law to the contrary, in assessing the amount of compensation to be paid for the acquisition of any land pursuant to subsection (5), the land shall be treated as if it had not been indicated in the development plan as land intended for a public purpose and was not in fact so intended or, as the case may be, as if the requisition notice served under section 30 in respect of the land had not been served and there had been no compliance with the notice.
development plan
“development plan”, in relation to an area, means— (a) the local plan for the area; or (b) if there is no local plan for the area, the structure plan for the area, and, in relation to any land or building, means the development plan, as so defined, for the area in which the land or building is situated;