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
  • Right to enter and survey land
  • Power to take temporary possession
  • Compulsory purchase in Wales

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.

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