Planning and Development Act 2024
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Chapter 3 Compulsory Acquisition and Purchase of Maritime Sites | ||
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Maritime site acquisition by local authority | ||
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422. (1) The power conferred on a local authority under any enactment to acquire maritime sites shall be construed in accordance with this section. | ||
(2) (a) A local authority may, for the purposes of performing any of its functions (whether conferred by or under this Act or any other enactment passed before or after the passing of this Act), including giving effect to or facilitating the implementation of its development plan or its housing strategy, do all or any of the following: | ||
(i) acquire maritime sites, permanently or temporarily, by agreement or compulsorily; | ||
(ii) acquire, permanently or temporarily, by agreement or compulsorily, any easement, way-leave, water-right or other right over or in respect of any maritime sites; | ||
(iii) restrict or otherwise interfere with, permanently or temporarily, by agreement or compulsorily, any easement, way-leave, water-right or other right over or in respect of any maritime sites, | ||
and the performance of all or any of the functions referred to in subparagraphs (i), (ii) and (iii) are referred to in this Act as an “acquisition of a maritime site”. | ||
(b) A reference in paragraph (a) to acquisition by agreement shall include acquisition by way of purchase, lease, exchange or otherwise. | ||
(c) The functions conferred on a local authority by paragraph (a) may be performed in relation to— | ||
(i) a maritime site, or | ||
(ii) any easement, way-leave, water-right or other right to which that paragraph applies, | ||
whether situated or exercisable, as the case may be, inside or outside the functional area of the local authority concerned. | ||
(3) (a) The acquisition may be effected by agreement or compulsorily in respect of a maritime site not immediately required for a particular purpose if, in the opinion of the local authority, the maritime site will be required by the authority for that purpose in the future. | ||
(b) The acquisition may be effected by agreement in respect of any maritime site which, in the opinion of the local authority, it will require in the future for a purpose relating to any of its functions notwithstanding that the authority has not determined the manner in which or the particular such purpose for which it will use the maritime site. | ||
(c) Paragraphs (a) and (b) shall apply and have effect in relation to any power to acquire a maritime site conferred on a local authority by virtue of this Act or any other enactment whether enacted before or after this Act. | ||
(4) A local authority may be authorised by compulsory purchase order to acquire a maritime site for any of the purposes referred to in subsection (2) and section 10 of the Local Government Act (No. 2) 1960 shall be construed so as to apply accordingly and the reference to “purposes” in paragraph (a) of subsection (1) of section 10 of that Act shall be construed as including purposes referred to in subsection (2). | ||
(5) In this section “maritime site” means any part of the maritime area that falls within paragraph (b) of the definition of “owner” in section 2 . |