Localism Bill

109A: After Clause 30, insert the following new Clause— ““CHAPTER 8 Appropriation and disposal of land Appropriation and disposal of land by local authorities (1) The Local Government Act 1972 is amended as follows. (2) For section 122(2)(b) substitute— ““(b) the council has complied with section 127A, as inserted by subsection (7) below.””. (3) In section 122A for the words after ““appropriating the land”” substitute ““the council has complied with section 127A””. (4) In section 123(2A) for the words after ““disposing of the land”” substitute ““the council has complied with section 127A””. (5) In section 126(4)(b) for the words after ““appropriating the land”” substitute ““the council has complied with section 127A.”” (6) In section 126(4A) for the words after ““appropriating the land”” substitute ““the council has complied with section 127A””. (7) After section 127 insert— ““127A Conditions attaching to certain appropriations and disposals of land (1) When a local authority appropriates or disposes of land under this section— (a) the local authority shall give notice of its intention by advertisement in two consecutive weeks in at least one newspaper circulating in the area in which the land is situated, on the authority’s website and by notices on the land, and shall serve a copy of the notice on every other local authority and planning authority whose area includes or is adjacent to that area, (b) the notice shall indicate the location and boundaries of the land and of any land to be given in exchange, and where further information and plans may be inspected or copies obtained, (c) subject to subsection (2), unless the land to be appropriated or disposed of does not exceed 250 square yards (209 square metres) land must be provided in exchange that is not less in area and is equally advantageous to the public, to be vested in the local authority subject to the like rights, trust and incidents that attach to the land to be appropriated or disposed of, (d) the notice shall provide for a period of not less than 28 days from the date of the first advertisement during which objections can be made to the authority, (e) if the authority decides to amend its proposal these shall be subject to further notices in accordance with paragraphs (a) to (c), (f) a proposal that remains subject to objection and is not withdrawn by the authority shall be referred to the Secretary of State for decision. (2) If the local authority considers that land in exchange for that appropriated or disposed of under this section is unnecessary wholly or in part, the notice must state this and give the reasons for the statement.””””