Moved by
Lord Greaves
77ZH: After Clause 23, insert the following new Clause—
“Appropriation or disposal of open space 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.”
(3) In section 122(2A), 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 “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 appropriation or disposal of certain lands
(1) When a local authority proposes to appropriate or dispose of land under this section—
(a) the authority shall give notice of its intention—
(i) by advertisement in two consecutive weeks in at least one newspaper circulating in the area in which the land is situated,
(ii) on the authority’s website,
(iii) by notices in prominent positions on the land,
(iv) by serving a copy of the notice on every other local authority and planning authority whose area includes or is adjacent to that area, and
(v) by serving a copy of the notice on every voluntary body known to have a concern for the maintenance of the land or adjacent land for the benefit of the public, nature conservation or historic interest;
(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, trusts 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 publication of its first advertisement and display during which objections or representations can be made to the authority; and
(e) if the authority decides to amend its proposal, this shall be subject to further notice in accordance with paragraphs (a) to (d).
(2) If the local authority considers that land in exchange for that to be appropriated or disposed of under this section is wholly or partly unnecessary, the notice must state this and give the reasons for the statement.
(3) If a proposal under this section remains subject to objection and is not withdrawn after the local authority has considered the representations received, it shall be referred to the Secretary of State for decision.””