The following Planning guidance note provides comprehensive and up to date legal information covering:
If authorised to do so by the Secretary of State, a local authority (LA) has power under section 226(1) of the Town and Country Planning Act 1990 (TCPA 1990), to acquire compulsorily any land in its area if it is satisfied that the acquisition will facilitate the carrying out of development, redevelopment or improvement on or in relation to the land, or is required for a purpose which is necessary to achieve in the interests of the proper planning of an area in which the land is situated. However, section 226(1A) provides that the LA may exercise that power only if satisfied that the development, redevelopment or improvement would:
promote or improve the economic well-being of their area
promote or improve the social well-being of their area, or
promote or improve the environmental well-being of their area
It is important to note that the well-being to be derived from exercising CPO powers under section 226 is not restricted to the area subject to the CPO. Instead, the well-being of the LPA’s administrative area must be promoted or improved, subject to the principles derived from the Supreme Court’s decision in Sainsbury’s v Wolverhampton CC (see below). Similarly, the development, redevelopment or improvement does not have to take place on the land included in the CPO, provided the LPA can demonstrate that the land
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