Legal challenges to compulsory purchase orders
Published by a LexisNexis Planning expert
Practice notesLegal challenges to compulsory purchase orders
Published by a LexisNexis Planning expert
Practice notesScope for challenges to compulsory purchase orders
Section 25 of the Acquisition of Land Act 1981 (ALA 1981) excludes any judicial review challenge being brought against a decision to confirm a compulsory purchase order (CPO). It provides that a CPO cannot be questioned in any legal proceedings whatsoever, either before or after it has been confirmed, made or given, other than pursuant to the provisions under ALA 1981, s 23. The same applies to a certificate issued under ALA 1981, Pt III or Sch 3, relating to certificates to be granted by the Secretary of State, confirming that land acquired by statutory undertakers for the purposes of their undertaking can be included in a CPO without serious detriment to the undertaking, and certificates confirming that adequate exchange land will be given where land forming part of a common, open space or fuel or field garden allotment is included in a CPO.
ALA 1981, s 23 permits any person aggrieved by a CPO to question the validity of the CPO by application to the High Court (ie by statutory
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