Subject to the provisions of this section, a responsible authority may acquire land by agreement for the purpose of mitigating any adverse effect which the existence or use of any public works has or will have on the surroundings of the works.
Subject to the provisions of this section, a responsible authority may acquire by agreement—
if the interest of the vendor is a qualifying interest.
Where the responsible authority—
they may, subject to the provisions of this section, acquire by agreement land the enjoyment of which will in their opinion be seriously affected by the carrying out of the works or the use of the public works if the interest of the vendor is a qualifying interest.
In this section—
"qualifying interest" has the meaning given in section 149(2) of the Town and Country Planning Act 1990, taking references to the relevant date as references to the date on which the purchase agreement is made, and
"appropriate authority" and "blighted land" have the meanings given respectively in sections 169(1) and 149(1) of that Act.
The powers conferred by subsection (2)(b) above shall not be exercisable unless the date on which the public works or, as the case may be, the altered public works, are first used falls on or after 17th October 1971 and the powers conferred by subsections (1) and (2)(a) above shall not be exercisable unless that date falls on or after 17th October 1972; and—
For the purposes of subsection (3) above the acquisition of any land shall be treated as begun when the agreement for its acquisition is made.
This section applies only where the responsible authority have statutory powers to acquire land (whether compulsorily or by agreement) for the purposes of their functions but would not, apart from this section, have power to acquire land as mentioned in subsections (1) (2) and (2A) above.
In this section "public works" and "responsible authority" have the same meaning as in section 1 above except that "public works" does not include a highway or any works forming part of a statutory undertaking as defined in section 336(1) of the Town and Country Planning Act 1990.