Compulsory purchase—public inquiries, hearings and written representations
Compulsory purchase—public inquiries, hearings and written representations

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

  • Compulsory purchase—public inquiries, hearings and written representations
  • Context
  • Which procedure?
  • Inspectors, hearing venues and other matters
  • Written representations
  • Public local inquiry
  • Hearings
  • Natural justice, fairness and bias
  • CPO confirmed by an inspector
  • Costs
  • more

Context

Where a ‘qualifying person’ objects to a proposed compulsory purchase order (CPO) to which the Acquisition of Land Act 1981 (ALA 1981) applies, and does not withdraw their objection, or their objection cannot be disregarded (eg because it relates solely to compensation) it is referred to as a ‘remaining objection’ (and they are referred to as a ‘remaining objector’). Where a remaining objection exists, the confirming authority may not confirm the CPO, and must instead consider the remaining objection(s) under either the written representations procedure, or by ordering a public inquiry or a hearing to be held, see Practice Note: Compulsory purchase—procedure.

Qualifying persons who can force consideration of their remaining objection(s) for these purposes are:

  1. every owner, leaseholder, occupier and tenant (excluding tenants of less than one month) of the land comprised in the CPO, and

  2. any other person who would have the right to claim compensation if:

    1. the acquiring authority was proceeding under their own rights in the land being acquired, which will be interfered with, or

    2. the value of their land will/may be reduced as a result of works carried out on the land being compulsorily acquired (even though none of their land is being compulsorily acquired)

Where there are only non-qualifying objection remain, the confirming authority is not procedurally required to consider the objections through written