Lord Hendy of Richmond Hill (Lab)

This amendment seeks to provide safeguards in legislation to implement powers of temporary possession under the Highways Act 1980. Of course, that Act already contains powers covering the compulsory acquisition of land and rights in and over land. Clause 33 would make it explicit that those powers can also authorise temporary possession. We are introducing this power because currently in the Highways Act there is no mechanism for the temporary possession and use of land through means of compulsion. Where land is required only on a temporary basis, if access to such land cannot be achieved by agreement with the landowners, the highways authority will seek powers of compulsory acquisition to enable it to use the land. Powers of compulsory acquisition are disproportionate to the needs of highways authorities that need to access the land only temporarily. This measure will offer a more proportionate route, aid land negotiations and provide legal protection to landowners that they will regain their land following the carrying out of works. The noble Lord, Lord Banner, raised the definition of “temporary”. This is not defined in legislation. It has the meaning of lasting for only a limited period and not permanently. This provides flexibility to the order-making authority and landowner when considering the nature of the powers. He is right that the power would not always be used, because if the land could be temporarily used in another way, the relevant public authority would use that instead. The noble Lord, Lord Moylan, raised some very important points on compulsory acquisition of land and rights over land. These matters are already embedded within the existing compulsory purchase mechanism that underpins not only the Highways Act 1980 but other infrastructure consenting regimes. For example, land compensation is calculated in accordance with the Land Compensation Act 1961. The legislation sets out the mechanism by which compensation might be calculated and, in the case of dispute, the mechanism for seeking resolution. A suite of published guidance exists to support these established mechanisms. The Highways Act 1980 therefore already embeds an existing and well-founded mechanism for consideration of compulsory acquisition of rights in and over land. The clause would not amend this but simply make it explicit that it applies to powers of temporary possession and occupation, as well as powers to permanently acquire land.