Home / EFP / COMPULSORY ACQUISITION vol 8(2)

COMPULSORY ACQUISITION vol 8(2)

Stop drafting from scratch and work more productively.

Offering an unrivalled collection of non-litigation precedents for everything specialist and generalist practitioners are likely to encounter.

TAKE A FREE TRIAL

COMPULSORY ACQUISITION vol 8(2)

Back to full list

About this title—authors, overview

Commentary

1 Need for compulsory acquisition powers

2 Legislation governing procedure

3 Compensation code

4 Site assembly

5 Review of compulsory purchase law

6 The Law Commission

7 The Planning and Compulsory Purchase Act 2004

8 The Planning Act 2008

9 The Localism Act 2011

10 Housing and Planning Act 2016

11 Neighbourhood Planning Act 2017

12 Levelling-up and Regeneration Act 2023

13 Guidance on the use of compulsory purchase orders

14 Acquisition by special Act

15 Authorisation by means of provisional order or works order

16 Authorisation by means of a development consent order

17 Statutory powers of purchase

18 Authorisation by compulsory purchase order

19 The Acquisition of Land Act 1981

20 The assessment of compensation

21.1 Powers under the Act

21.2 Adjoining and exchange land

21.3 Identity of developer immaterial

21.4 Application of the Act

21.5 Guidance

21.6 Confirmation considerations

22.1 Housing—introduction

22.2 Housing action areas

22.3 Housing—clearance areas

22.4 Housing action trusts

22.5 Housing—renewal areas

23 Highways—powers of acquisition

24 Highways—exercise of powers

25 The Homes and Communities Agency (Homes England)

26 Regional development agencies—abolished from July 2012

27 Urban development corporations

28 Mayoral development corporations

29 Locally-led Development Corporations

30 The Local Government Act 1972

31 New towns

32 Listed buildings

33 Crown land—general principles

34 Public works

35 Assets of community value

36 Purchase by agreement without or with notice to treat

37 Acquisition of rights

38 Procedure for authorisation

39 Timing—compulsory purchase order

40 Policy—use of compulsory powers

41 Powers—appropriate statutory power

42 Extent of the land to be acquired

43 Justification for compulsory acquisition

44 Resolution—acquiring authority

45 Indemnity—indemnity agreement

46 Entry for the purposes of survey

47 Requisitions for information

48 Drafting a compulsory purchase order

49 Prospects of planning permission

50 Schedule of ownerships

51 Map

52 Statement of reasons

53 Other preparatory steps

54 Draft orders

55 Notice of the making of an order

56 Submission of order for confirmation

57 Making of objections

58 Confirmation of order: no objections

59 Confirmation of order: remaining objections

60 Use of representations procedure

61 Conditional confirmation

62 Confirmation in stages

63 Confirmation by acquiring authority

64 Procedure rules for public inquiries

65 Preliminary action by the authorising authority

66 Pre-inquiry meetings

67 Service of statements of case etc

68 Inquiry timetable

69 Appointment of assessor

70 Date of inquiry

71 Public notice of inquiry

72 Representation of minister and government departments at inquiry

73 Presentation of case

74 Typical evidence—town centre retail scheme

75 Consideration of objections

76 Final preparations

77 Planning issues

78 Entitlement to appear

79 Evidence at inquiry

80 Procedure at inquiry

81 Site inspections

82 Report and confirmation

83 Notification of decision

84 Allowing further time

85 Publication of confirmation

86 Date of operation of order

87 Costs

88 Application to the court

89 General principles

90 Alternative sites

91 Public interest

92 Exceeding powers

93 Purposes

94 Natural justice

95 Bias

96 Underlying methodology

97.1 Person aggrieved

97.2 Time limits

97.3 Unsatisfactory description of land

97.4 Defect where no person prejudiced

98 Acquisitions by ministers

99.1 Introduction—special categories of land

99.2 Commons

99.3 Local authorities’ and statutory undertakers’ land

99.4 Additional safeguard for statutory undertakers

99.5 National Trust land

99.6 Land in more than one category

100 Application of the Compulsory Purchase Act 1965

101 Minerals—application of the Railways Clauses Consolidation Act 1845 as re-enacted

102 Application of the Land Compensation Act 1961

103 Land held inalienably

104 Acquisition of part only of property

105 Acquisition of local authority lands, commons etc

106 Purchase of stratum or easement

107 Provisions by virtue of which a local authority may be forced to purchase

108 Purchase notices on refusal or conditional grant of planning permission, etc

109 Reasonably beneficial use

110 Response to a purchase notice

111 Effect of willingness to comply

112 Refusal to comply

113 Confirmation or modification of purchase notice

114 Effect of confirmation of purchase notice

115 Effect of failure to confirm or take other action

116 Effect where the decision of the Secretary of State is quashed

117 Grounds for non-confirmation of purchase notices in special cases

118 Purchase notice on refusal or conditional grant of listed building consent

119 Purchase notice in other cases

120 Blight notices

121 Qualifying descriptions

122 Interests qualifying for protection

123 Power to serve a blight notice

124 Mortgagee’s power to serve a blight notice

125 Personal representative’s power to serve a blight notice

126 The extent of interests that are the subject of a blight notice

127 Objection to a blight notice

128 Grounds for objection

129 Further grounds—personal representatives and agricultural units

130 Reference of an objection to the Upper Tribunal

131 Effect of a valid blight notice—notice to treat

132 Special bases for compensation in certain cases

133 Effect of disclaimer of intention to acquire unless compelled

134 Effect of intention to acquire part only

135 Withdrawal of blight notice

136 Summary—Transport and Works Act 1992

137 Background—Transport and Works Act 1992

138 Hybrid bills

139 Orders for transport systems

140 Applications to the Secretary of State

141 Proposals of national significance

142 Objections—public inquiry

143 Determination

144 The development consent system

145 Pre-application preparation

146 Application for compulsory purchase under a development consent order

147 Statutory provisions governing compulsory purchase under development consent orders

148 The examination of applications

149 Legal challenges

150 Requirement for notice to treat

151 Duration of the notice

152 Effect of failure to serve notice to treat

153 Parties entitled to be served with a notice to treat

154 Form of notice to treat

155 One or more notices, same owner

156 Mode of service of the notice to treat

157 Protection of the notice to treat by registration

158.1 Notices served under orders confirmed prior to 3 February 2017

158.2 Notices served under orders made on or after 3 February 2017

159 Determination of counternotice by the Upper Tribunal

160 Severed half acres

161 Effect of notice to treat

162 Effect of notice to treat on existing contracts

163 Effect of notice on dealings by owner

164 Steps subsequent to notice to treat

165 Withdrawal of notice to treat

166 Entry with or without consent

167 Entry after notice

168 Effect of entry

169 Special provisions as to entry

170 Enforcement of the right of entry

171 Advance payment of compensation

172 Advance payments to mortgagees

173 Interest where advance payment made

174 Interests omitted from purchase

175 Provisions as to special interests

176 Mortgaged lands

177 Statutory provisions applicable in case of mortgaged land

178 Position where mortgaged land is of less value than amount secured

179 Provisions applying where part only of mortgaged land required

180 Provision where mortgage paid off prematurely

181 Provisions relating to yearly tenancies

182 Compensation for disturbance where business carried on by person over 60

183 Notice to quit an agricultural holding—notice of entry compensation

184 Notice to quit part of agricultural holding—counter-notice to take the whole

185 Apportionment of rent on taking of part of land subject to a lease

186 Rentcharges—release on payment or tender

187 Making of claims and provision of information

188 Reference of disputed claims to the Upper Tribunal

189 Compensation payable to absent parties

190 Sellers under legal disability

191 Payment into court—unwilling seller

192 Persons under legal disability

193 Vesting of land by deed poll

194 Conveyance in ordinary cases

195 Registered land

196 Stamp duty land tax

197 Costs

198 Condition precedent to power to make a vesting declaration

199 Form and execution of vesting declaration

200 Notice to owners and occupiers of effect of declaration

201 Effect of vesting declaration—constructive notice to treat

202 Counter-notice where declaration comprises part only of property

203 Response by acquiring authority to a counternotice to divided land

204 Determination of counternotice by the Upper Tribunal

205 Right of entry and vesting of land generally

206 Right of entry—land subject to minor tenancies and tenancies about to expire

207 Liability to pay compensation

208 Rentcharges and rent apportioned

209 Vesting of land in urban development corporation etc

210 Introduction—compensation for compulsory purchase

211 Injurious affection, severance and disturbance

212 Further entitlements

213 Compensation for early losses

214 The basis of assessment of compensation

215 Basic rules as to the value of land

216 Rule (2)—open market value

217 Rule (3)—disregard of special suitability for certain purposes

218 Rule (4)—disregard of unlawful etc use of land

219 Rule (5)—equivalent reinstatement

220 Rule (6)—disturbance, etc

221 The date of valuation

222 Further rules—the Land Compensation Act 1961 Sections 6A–6E

223 Meaning of ‘the scheme’

224 Lower compensation if other land gains value

225 Disregard of diminution or increase in value taken into account on a previous acquisition

226 Planning assumptions—introduction

227.1 Planning assumptions

227.2 Certificate of appropriate alternative development

227.3 The application for a certificate of appropriate alternative development

227.4 Certificate as to planning permission

227.5 Appeal to the minister: before 6 April 2012

227.6 Application to the High Court: before 6 April 2012

228 Appeals to the Upper Tribunal on or after 6 April 2012

229 Assumptions as to planning permission in relation to compulsory purchase orders made on or after 6 April 2012

230 Taking account of planning permission

231.1 Position until the Levelling-up and Regeneration Act 2023 comes into force

231.2 Position when the Levelling-up and Regeneration Act 2023 comes into force

232 Power to require prospects of planning permission to be ignored

233 Compensation where no hope-value direction made

234 Effect of grant of new planning permission after acquisition—additional compensation—prior to 22 September 2017

235 ‘Additional development’—prior to 22 September 2017

236 Restrictions on additional compensation—prior to 22 September 2017

237 Persons entitled to claim additional compensation—prior to 22 September 2017

238 Time limits—prior to 22 September 2017

239 Amount of additional compensation—prior to 22 September 2017

240 The right to compensation

241 Application of the Bwllfa principle

242 Prevention of damage by severance

243 Effect on compensation where value of land not taken is enhanced

244 Accommodation works

245 Nature of compensation for disturbance

246 Items of claim

247 Relocation or total extinguishment?

248 Compensation to lessees

249 Compensation to tenants

250 Injurious affection where no lands are taken

251 Applied or incorporated provisions

252 Easements and restrictive covenants

253 Compensation for depreciation by use of public works

254 Assessment of compensation for depreciation

255 Claim for compensation for depreciation

256 Sound-proofing of buildings affected by public works

257 Soundproofing of caravans, etc, affected by public works

258 Payment of expenses of persons moving temporarily during construction works etc

259 Acquisition of land in connection with highways

260 Acquisition of land to mitigate effect of public works

261 Classes of payments

262 Home loss payments

263 Amounts of payment

264 Claims for payment

265 Farm loss payments (in relation to compulsory purchase orders made before 31 October 2004)

266 Loss payments

267 Basic loss payment

268 Occupier’s loss payment—agricultural land

269 Occupier’s loss payment—other land

270 Loss payments—exclusions

271 Loss payments—supplementary

272 Disturbance payments to persons without compensateable interests

273 Person to make payment

274 Entitlement to payment

275 Further rules

276 Amount of disturbance payment

277 Superfluous lands

278 Buildings of architectural or historic interest

279 Compensation where land is in an area designated as a site of new town for purpose of public development

280 Urban development areas

281 The Crown and the Land Compensation Act 1973

282 Duty to rehouse residential occupiers

283 Compensation where occupier is rehoused

284 Disposal of land held for planning purposes to displaced persons

285 Disposal of surplus land—Crichel Down rules

286 Income tax

287 Tax on capital gains

288 Value added tax

289 Stamp duty land tax

290 General provisions—interest on compensation

291 Extended rights to interest

292 Upper Tribunal

293 Introduction—compensation without land acquisition

294 Revocation and modification orders

295 Discontinuance orders

296 Article 4 directions

297 Listed buildings

298 Scheduled monuments

299 Tree preservation orders

300 Stop notices

301 Temporary stop notices

302 Advertisement regulations

303 Highway orders

304 Statutory undertakers

305 Water and sewerage

306 Minerals

307 Procedures

308 Interest

309 Introduction—the Upper Tribunal (Lands Chamber)

310 Membership and procedures of the Upper Tribunal

311 Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010

312 References to the Upper Tribunal

313 Hearings and decisions

314 Sealed offers

315 Practice Directions—Lands Chamber of the Upper Tribunal

316 The Human Rights Act 1998

317 The right to a fair trial

318 The right to respect for private and family life

319 The right to protection of property

320 Use of compulsory purchase orders in property development

321 Examples of statutes conferring compulsory purchase powers

Stop drafting from scratch and work more productively.

Offering an unrivalled collection of non-litigation precedents for everything specialist and generalist practitioners are likely to encounter.

EXISTING USER? SIGN IN TAKE A FREE TRIAL