Compulsory Acquisition for NSIPs—special categories of land, associated development and additional land
Produced in partnership with Charlotte Coulson
Compulsory Acquisition for NSIPs—special categories of land, associated development and additional land

The following Planning practice note produced in partnership with Charlotte Coulson provides comprehensive and up to date legal information covering:

  • Compulsory Acquisition for NSIPs—special categories of land, associated development and additional land
  • Crown land
  • Open space, common, fuel or field garden allotment
  • Statutory undertaker land
  • Representations by statutory undertakers where land has been acquired by the statutory undertaker for the purpose of its undertaking
  • Certificate authorising compulsory acquisition of statutory undertaker’s land
  • Protective provisions in the DCO regarding statutory undertaker’s interests
  • Statements of Common Ground with affected statutory undertakers
  • Acquisition of land which results in the extinguishment of statutory undertaker’s rights in, under or over land and/or removal of apparatus
  • Other special land
  • More...

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. Note 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 considers the attention that needs to be paid to the type of land interests which are to be subject to powers of compulsory acquisition, and sets out those categories of land that require special treatment from a compulsory acquisition perspective. In addition, this Practice Note considers the meaning of 'associated development' and the procedure where additional land (not included in the original DCO application) is identified as being required for compulsory acquisition.

Crown land

As with conventional compulsory purchase procedures, the position under PA 2008 remains that Crown interests cannot be acquired compulsorily and so should be expressly excluded from compulsory acquisition in the Book of Reference. See Practice Note: Compulsory acquisition for NSIPs—application, draft DCO and supporting documentation under subheading 'Book of Reference'. Consent of the Crown is needed to acquire any lesser interest in Crown land (under PA 2008, s 135), eg a lease or

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