Compulsory acquisition for NSIPs—introduction and principles
Produced in partnership with Charlotte Coulson of Bond Dickinson
Compulsory acquisition for NSIPs—introduction and principles

The following Planning guidance note Produced in partnership with Charlotte Coulson of Bond Dickinson provides comprehensive and up to date legal information covering:

  • Compulsory acquisition for NSIPs—introduction and principles
  • Relevant provisions of PA 2008 from a compulsory acquisition perspective and related regulations
  • Justification for authorisation of compulsory acquisition as part of the DCO
  • Duration of compulsory acquisition powers as part of DCO

The Planning Act 2008 (PA 2008) introduced development consent orders (DCOs) for nationally significant infrastructure projects (NSIPs). The regime provides for the grant of compulsory acquisition powers as part of the DCO, with no need to seek separate compulsory purchase order powers for such NSIPs (this applies in respect of development in England. For development in Wales, where compulsory acquisition is required for associated development, a separate compulsory purchase order will still need to be promoted).

This Practice Note sets out the overall principles and considerations that an applicant should take into account in considering whether to seek powers of compulsory acquisition in its DCO application. See also Practice Notes:

  1. Compulsory acquisition for NSIPs—application, draft DCO and supporting documentation

  2. Compulsory acquisition for NSIPs—examination, making the DCO, costs, implementation and material change applications

  3. Compulsory Acquisition for NSIPs—special categories of land, associated development and additional land

  4. Rights of entry under the Planning Act 2008, s 53

Relevant provisions of PA 2008 from a compulsory acquisition perspective and related regulations

PA 2008, ss 122–134 set out the key provisions relating to compulsory acquisition. This is supported by the Guidance related to procedures for the compulsory acquisition of land which was first published by the then Department for Communities and Local Government in February 2010. A revised version was issued in September 2013 (the Guidance).

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