Compulsory purchase—orders
Compulsory purchase—orders

The following Planning guidance note provides comprehensive and up to date legal information covering:

  • Compulsory purchase—orders
  • What are compulsory purchase powers?
  • Sources of compulsory purchase powers
  • Acquiring authorities
  • Purpose of compulsory purchase powers
  • Land and interests to be acquired, created, or interfered with
  • Acquiring authorities' right to enter and survey land
  • Justifying a CPO
  • Outline of procedure for promoting a CPO
  • Compensation
  • more

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content. For further guidance, see Practice Note: Brexit—the implications for English and Welsh planning law and practice or visit the Planning area of the Brexit toolkit.

What are compulsory purchase powers?

Compulsory purchase powers enable certain bodies, known as acquiring authorities, to compulsorily purchase land, without the agreement of the owner, where authorised by Parliament to carry out specified functions which must be in the public interest. Anyone who has land acquired compulsorily is generally entitled to compensation.

Compulsory purchase powers are regarded as an exception to the general protection afforded to property and are justified on the grounds that the public interest in the scheme underlying the compulsory purchase outweighs the landowner's interest.

Sources of compulsory purchase powers

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. The most commonly-used enabling powers of compulsory purchase are:

  1. a compulsory purchase