ABSTRACT

Although there are many statutory provisions authorising a local authority to compulsory purchase land for different public functions, it would seem that for most housing regeneration projects there is preference for section 226 Town and Country Planning Act 1990. Unless there is a statutory means of overriding such third-party rights and interests by converting them into a right to compensation, many regeneration projects could not take place because the land would be sterilised. For local authorities there is a quicker way of overcoming third-party rights: by acquiring or appropriating the land from its existing statutory purpose to planning purposes. Before making such an order the minister must first give the relevant statutory undertaker or operator of the electronic communications code network an opportunity of objecting to the proposed order. The alternative statutory process for extinguishing highway rights is that contained in section 247 Town and Country Planning Act 1990 for which different criteria apply.