Schedule 4, Paragraph 3: Effect of a correction Schedule 5: Provision relating to, or to matters ancillary to, development Section 131: Commons, open spaces etc: compulsory acquisition of land
226.This section applies to an order granting development consent which authorises the compulsory purchase of land forming part of a common, open space or fuel or field garden allotment, where this acquisition does not involve the acquisition of a new right over that land. This section specifies that such an order will be subject to special Parliamentary procedure unless the Secretary of State is satisfied either that:
Any replacement land must be no less in area than the land being compulsorily acquired and must be no less advantageous.
227.If the Secretary of State proposes to issue a certificate confirming she is satisfied of the matters outlined above, she must follow the procedures set out in subsection (6). If the Secretary of State issues a certificate, she must follow the procedures set out in subsection (10).