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StatuteHousing and Planning Act 2016

Section 4A — Housing and Planning Act 2016

Text of the provision Official document

4A 1 This paragraph applies where—

a an acquiring authority have given a notice under paragraph 4(1) but have not yet entered on and taken possession of the land, and b the authority become aware of an owner (“the newly identified owner”) to whom they ought to have given a notice to treat under section 5(1) of the Compulsory Purchase Act 1965 but have not.

2 Any notice already served under paragraph 4(1) remains valid, but the authority may not enter on and take possession of the land unless they serve on the newly identified owner—

a a notice to treat under section 5(1) of the Compulsory Purchase Act 1965, and b a notice under paragraph 4(1).

3 Sub-paragraph (4) applies for the purpose of determining the period to be specified in the notice under paragraph 4(1) served on the newly identified owner if—

a the owner is an occupier of the land and the authority were not aware of the owner because they were given misleading information when carrying out inquiries under section 5(1) of the Compulsory Purchase Act 1965, or b the owner is not an occupier of the land.

4 The period must be a period that ends—

a no earlier than the end of the period of 14 days beginning with the day on which the notice of entry is served, and b no earlier than the end of the period specified in any previous notice under paragraph 4(1) given by the acquiring authority in respect of the land.

5 This paragraph applies instead of section 11A of the Compulsory Purchase Act 1965.

Official source: legislation.gov.uk

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Statutory text from an official public source. Informational content — does not replace advice from a qualified solicitor.