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Town and Country Planning Act 1932

Town and Country Planning Act 1932 s 25

s 25 Acquisition of land to which scheme applies.

(1) The responsible authority may purchase by agreement any land to which a scheme, whether made under this Act or under any Act repealed by this Act, applies, which they require for the purposes of the scheme, as if those purposes were purposes of the Public Health Acts, 1875 to 1926, and, where the responsible authority are not a local authority for the purposes of those Acts, as if they were such an authority, and in particular, but without prejudice to the generality of the foregoing words, they may purchase any such land— (a) which they require for carrying out the improvement or controlling the development of frontages to, or of lands abutting on or adjacent to, any highway which is repairable by the inhabitants at large, or any proposed highway which is to be constructed wholly or partly at the public expense; or (b) which they require for securing the satisfactory development of any land in accordance with the provisions of the scheme in any case where, by reason of the land being held in plots which are of inconvenient size or shape, or of which the arrangement or alignment is inconvenient, or by reason of the multiplicity of interests in the land, or by reason of the fact that the land is being used in a manner or for purposes inconsistent with the provisions of the scheme, it does not appear to be reasonably practicable to secure such development otherwise than by purchase of the land; or (c) which forms the site of a highway which has been stopped up under any provision contained in the scheme; or (d) which they require for the purpose of providing accommodation for a person whose premises have been purchased by them for the purposes of the scheme, (2) Where the responsible authority are unable to purchase by agreement any land which they are authorised by the foregoing provisions of this section to purchase, they may, subject as hereinafter provided, be authorised to purchase that land compulsorily by means of an order (in this Act referred to as a " compulsory purchase order ") made and submitted to the Minister and confirmed by him in accordance with the provisions of Part I of the Third Schedule to this Act : Provided that they shall not be authorised to purchase any land compulsorily for the purpose of sub-paragraph (d) of the foregoing subsection. (3) The provisions of Part III of the First Schedule to this Act shall have effect with respect to the validity of compulsory purchase orders made under this Act and the dates on which they are to come into operation. (4) Where land within the district of a local authority is comprised in a scheme, whether made under this Act or under any Act repealed by this Act, and the local authority are not the responsible authority, the provisions of this section with respect to the purchase of land, whether by agreement or compulsorily, by a responsible authority shall apply to the local authority as if that authority were the responsible authority. (5) The responsible authority may, with the consent of, and subject to any conditions imposed by, the Minister, purchase by agreement land comprised in a scheme, whether made under this Act or under any Act repealed by this Act, notwithstanding that the land is not immediately required for the purposes of the scheme. (6) The powers of purchasing land under this section shall be subject to the restrictions contained in Part II of the Third Schedule to this Act.

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