Contribution
With this it will be convenient to discuss the following:
New clause 42—Alignment of basic and occupier’s loss payments—
“(1) The Land Compensation Act 1973 is amended as follows.
(2) In section 33B (occupier’s loss payment: agricultural land), in subsection (2)(a) omit ‘2.5%’ and insert ‘7.5%’.
(3) In section 33C (occupier’s loss payment: other land), in subsection (2)(a) omit ‘2.5%’ and insert ‘7.5%’.”
This new clause, being an amendment of the Land Compensation Act 1973, would align the occupier’s loss payments with the basic loss payments at 7.5% of the value of the party’s interest.
New clause 85—Compensation payments—
“(1) The Land Compensation Act 1973 is amended as follows.
(2) In section 30 (amount of home loss payment in England and Wales)—
(a) in subsection (1)—
(i) omit ‘10 per cent of’;
(ii) omit ‘subject to a maximum of £15,000 and a minimum of £1,500.’
(b) omit subsections (3) and (4).
(3) In section 33A(2) (basic loss payment), omit from ‘payment of’ to the end of subsection (2) and insert ‘the market value of his interest in the dwelling’.
(4) In section 33B (occupier’s loss payment: agricultural land)—
(a) in subsection (2), omit from ‘payment of’ to the end of subsection (3) and insert ‘the market value of his interest in the dwelling’;
(b) omit subsection (3).”
New clause 107—Disposal of land held by public bodies—
“(1) Section 209 of the Housing and Planning Act 2016 (Power to direct bodies to dispose of land) is amended as set out in subsection (2).
(2) In subsection (2), at end insert—
‘(C1) Steps taken in response to a direction under subsection (A1) must—
(a) include a duty to consider disposal of land for the public good, and
(b) provide that the difference between the unrestricted value of the land to be disposed of and the consideration for the disposal does not exceed £3,000,000 or 40% of unrestricted market value, whichever is greater.’
(3) Section 209 of the Housing and Planning Act 2016 comes into force at the end of the period of two months beginning with the day on which this Act is passed.
(4) The Local Government Act 1972 is amended in accordance with subsections (5) and (6).
(5) In section 123 (disposal of land by principal councils), after subsection (2) insert—
‘(2ZA) But the Secretary of State must give consent if the disposal is in accordance with subsection (7) of section [Disposal of land held by public bodies] of the Planning and Infrastructure Act 2025.’
(6) In section 127(3) (disposal of land held by parishes and communities), after ‘(2A)’ insert ‘, (2ZA)’.
(7) Subject to subsection (9), a disposal of land under is in accordance with this section if it is in accordance with the Local Government Act 1972 General Disposal Consent (England) 2003 published in Department for Communities and Local Government Circular 06/03, as amended by subsection (8).
(8) Those amendments to the Local Government Act 1972 General Disposal Consent (England) 2003 are—
(a) in paragraph 2(a)(iii), leave out ‘and’ and insert, at end—
‘(iv) the development and availability of affordable housing, and’
(b) in paragraph 2(b), for ‘£2,000,000 (two million pounds)’ substitute ‘£3,000,000 (three million pounds) or 40% of the unrestricted market value, whichever is greater’;
(c) after paragraph 3(1)(xii) insert—
‘(xiii) a combined authority;
(xiv) a mayoral combined authority;
(xv) the Greater London Authority;
(xvi) any successor body established by or under an Act of Parliament to any body listed in this subparagraph.’
(9) The Secretary of State may, to reflect inflation, further amend the cash value that the difference between the unrestricted value of the land to be disposed of and the consideration for the disposal must not exceed.”
New clause 114—Development corporations to provide green spaces—
“A development corporation must provide or facilitate the provision of—
(a) green spaces, including private gardens, balconies, and community gardens;
(b) the care and maintenance of the green spaces provided for under this section.”
This new clause would ensure development corporations include provision for green spaces in new developments.
New clause 127—Repeal of section 14A of the Land Compensation Act 1961—
“In the Land Compensation Act 1961, omit section 14A.”
New clause 128—Community benefit scheme for compulsory purchase—
“(1) Within six months of the passing of this Act, the Secretary of State must by regulations establish a scheme for the purposes of providing members of a local community with certain benefits when a compulsory purchase order has been granted within the relevant area.
(2) Regulations under this section must—
(a) require that, where a compulsory purchase has taken place, the equivalent of 20% of the amount for which the compulsory purchase was made must be paid into a community benefit fund;
(b) describe the—
(i) governance of, and
(ii) purposes for which sums may be payable from the fund;
(c) specify the meaning of—
(i) ‘local community’, and
(ii) ‘relevant area’
for the purposes of a scheme established under this section;
(d) specify the circumstances of compulsory purchase to which the scheme should apply; and
(e) specify the proportion of the sum to be payable into the fund by each party to the relevant compulsory purchase.”
This new clause requires the Secretary of State to establish a community benefit scheme in relation to compulsory purchase. The scheme would require the equivalent of 20% of the sum for which a compulsory purchase is made to be paid into a community benefit fund by parties to the compulsory purchase.
Amendment 151, in clause 93, page 122, line 2, at end insert—
“(4) The Secretary of State must, as soon as is practicable after a period of twelve months from the passing of this Act has elapsed, publish a report assessing the impact of this clause on—
(a) the achievement of sustainable development, and
(b) the mitigation of, and adaptation to, climate change.”
This amendment would ensure the Secretary of State must publish a report into the success of development corporations in achieving their duty to have regard for sustainable development and climate change.
Amendment 153, page 145, line 10, leave out clause 104.
Amendment 68, in clause 104, page 145, line 22, at end insert—
“(za) after subsection (1) insert—
‘(1A) Subsection (2) also applies if an acquiring authority submits a compulsory purchase order in relation to furthering the purposes of delivering housing targets set out in a local plan.’”
This amendment would provide that, where a compulsory purchase order is applied for to acquire land or property for the purpose of delivering housing targets set out in local plans, the prospect of planning permission being granted can be disregarded when calculating compensation (also known as “hope value”).
Amendment 88, page 145, line 22, at end insert—
“(za) in subsection (2), at end insert ‘unless the acquiring authority states that the whole of the land is being acquired for the purpose (or for the main purpose) of provision of sporting or recreational facilities in which case subsection (5) shall not apply.’”
This amendment would enable hope value to be disregarded in calculating the compulsory purchase value of land, where it is being purchased for recreational facilities.
Amendment 89, line 23, at end insert—
“(ab) in subsection (5), at end insert ‘unless the acquiring authority states that the whole of the land is being acquired for the purpose (or for the main purpose) of provision of sporting or recreational facilities in which case this provision shall not apply.’”
This amendment is linked to Amendment 88 above.