Compulsory purchase orders

What is a compulsory purchase order (CPO)?

Public bodies, such as local planning authorities, highway authorities, utilities companies and certain regeneration agencies, have compulsory purchase powers to enable them to carry out their statutory functions.

Powers of compulsory purchase must be granted by statute. There are a large number of enabling powers, each of which specifies the bodies that are acquiring authorities for the purposes of the power and the purposes for which the land can be acquired. See Practice Note: Sources and limits of compulsory purchase powers. A commonly-used enabling power of compulsory purchase is section 226 of the Town and Country Planning Act 1990 (TCPA 1990) which enables local authorities to make a compulsory purchase order (CPO) to facilitate the carrying out of development, redevelopment or improvement of land where it will promote or improve the economic, social or environmental well being of the area, see Practice Note: Compulsory purchase—economic, social or environmental well being.

It is also possible for an Act of Parliament to authorise construction of a specific public works project which includes powers of compulsory purchase, as is the

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Latest Planning News

Law Commission launches consultation on reforms to compulsory purchase laws

The Law Commission has published a consultation paper as part of its review of current compulsory purchase and compensation laws in England and Wales. Building on its reports from the early 2000s, the paper seeks to address the fragmented and outdated nature of the legal framework. This follows a request from the Ministry of Housing, Communities and Local Government, with the Commission tasked with drafting a Bill to consolidate, codify, and modernise the existing legislation. The paper is divided into three key sections, comprising 106 questions. The first section, Chapters 2-5, examines procedural aspects of compulsory purchase, the second section, Chapters 6-11, focuses on compensation-related issues, and the final section, Chapters 12-15, addresses supplementary matters. The consultation closes on 31 March 2025.

Chief Planner’s second planning update newsletter for December 2024 published

The Chief Planner, Joanna Averley, has published a second planning update newsletter for December 2024, written for the chief planning officers at local planning authorities (LPAs). The newsletter contains details of the Ministry of Housing, Communities and Local Government (MHCLG)'s publication of a working paper proposing a new approach to development and nature recovery, suggesting that developers contribute to a 'Nature Restoration Fund' to meet their environmental obligations more effectively. Additionally, the MHCLG published an updated Criteria Document for improving planning performance, reducing the assessment period for decision-making speed from 24 months to 12 months. The MHCLG also announced grant funding to support the implementation of recent National Planning Policy Framework changes, with over £14.8m available to support local authorities with local plan delivery and Green Belt reviews. Expressions of interest for this funding are due by 17 January 2025. The newsletter also highlights ongoing initiatives, such as Public Practice's recruitment support for LPAs and a new Regional Design and Place Advocates programme. LPAs are also reminded to update their brownfield land registers by 31 December 2024.

CIC responds to publication of revised NPPF

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Court of Appeal confirms the considerations and requirements for re-determination of a previously quashed approval of a DCO (Save Stonehenge World Heritage Site v Secretary of State for Transport)

Planning analysis: In Save Stonehenge World Heritage Site v Secretary of State for Transport, the court had to consider whether the process of redetermining a development consent order (DCO) previously quashed by the court had been conducted fairly and properly. It confirmed that public decision making involved in the DCO procedure is not a form of litigation. As such, the statutory process and common law principles of procedural fairness do not dictate that issues must always be considered by an inquisitorial process. Where there is not a statutory requirement for an inquisitorial process (such as on redetermined DCOs), claimants need to demonstrate that there was a particular need for evidence to be interrogated such as between independent experts on the issues under further consideration. Moreover, for claimants to prove procedural unfairness they must show that they have suffered material prejudice. Neither were established in this case.