Q&As

Is any type of a Compulsory Purchase Order (under the Planning Act 2008, Electricity Act 1989, etc) subject to disclosure rules in terms of evidence? Should document exchanges between parties be marked without prejudice or is there no need for this?

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Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright
Published on LexisPSL on 29/05/2020

The following Planning Q&A produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright provides comprehensive and up to date legal information covering:

  • Is any type of a Compulsory Purchase Order (under the Planning Act 2008, Electricity Act 1989, etc) subject to disclosure rules in terms of evidence? Should document exchanges between parties be marked without prejudice or is there no need for this?

Is any type of a Compulsory Purchase Order (under the Planning Act 2008, Electricity Act 1989, etc) subject to disclosure rules in terms of evidence? Should document exchanges between parties be marked without prejudice or is there no need for this?

Disclosure 'rules' vary by legal jurisdiction. In relation to compulsory purchase orders, the principal jurisdictions will be the Planning Inspectorate (inquiries and examinations into proposed orders), the Upper Tribunal (Lands Chamber) (UTLC) (references in relation to compulsory purchase compensation claims), and the Planning Court (statutory challenges to a Secretary of State’s decision on an order).

The Compulsory Purchase (Inquiries Procedure) Rules 2007 (CP(IP)R 2007), SI 2007/3617 include rules on disclosure. CP(IP)R 2007, SI 2007/3617, r 7(2) requires acquiring authorities (AAs) to send objectors their statement of case and, unless provided to objectors, to advise objectors where a copy may be inspected of every document which the AA intends to refer to or put in evidence at the inquiry. CP(IP)R 2007, SI 2007/3617, r 7(5) also provides that, where any person has submitted a statement of case, they can be required 'to provide such further information about the matters contained in the statement as the authorising authority or inspector may specify'.

CP(IP)R 2007, SI 2007/3617, r 15 contains similar provisions in relation to evidence submitted to the inquiry and supporting documents. The Planning Inspector’s Training Manual (18

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