Compulsory purchase—powers of entry and temporary possession
Compulsory purchase—powers of entry and temporary possession

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

  • Compulsory purchase—powers of entry and temporary possession
  • Brexit impact
  • Right to enter and survey land
  • Power to take temporary possession

Brexit impact

This content is likely to be impacted by the UK’s withdrawal from the EU. For further information on the implications of leaving the EU for planning law and practice, see: Brexit—implications for planning law and practice—overview and Practice Note: Brexit—the implications for English and Welsh planning law and practice.

Right to enter and survey land

Right to enter land under the Local Government (Miscellaneous Provisions) Act 1976

Prior to 13 July 2016, section 15 of the Local Government (Miscellaneous Provisions) Act 1976 (LG(MP)A 1976) permitted a person authorised in writing by a local authority at any reasonable time to survey any land in connection with a proposal by the authority to acquire compulsorily an interest in the land. Such a right to enter land only applied in respect of compulsory purchase proposals by local authorities, and not by other acquiring authorities, such as statutory undertakers. The government recognised that other acquiring authorities considering using their compulsory purchase powers might need to enter land to survey and value it before deciding whether to make a compulsory purchase order (CPO), eg to ascertain if there are any underground structures or contaminated land which might impact a proposed scheme. It therefore introduced sections 172–179 of the Housing and Planning Act 2016 (HPA 2016), which brought into force a new general power of entry for survey and valuation purposes which is available to all acquiring authorities in connection with a proposal to acquire land. LG(MP)A 1976, s 15 was subsequently repealed.Housing and Planning Act 2016, s 179, Sch 14, para 9Housing and Planning Act 2016 (Commencement No 2, Transitional Provisions