Compulsory purchase

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Practice notes

Operational development

Control of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying...

9th Nov

Practice notes

Judicial review time limits—extensions and urgent cases

When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan

Practice notes

Costs for judicial review—general principles

General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan

Practice notes

Material change of use

Control of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying...

9th Nov

Practice notes

Oversailing

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Why is it important to establish the planning unit?Planning permission is required where there has been a material change of use (see Practice Note:...

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Practice notes

Permission to appeal—the application

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Practice notes

Highways—ownership and creation

Meaning of ‘highway’In the broadest sense, a highway is a way (ie a defined route, such as a road, bridleway or footpath) over which the public have...

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Presumption in favour of sustainable development

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Practice notes

Local Development Orders

What is a Local Development Order (LDO)?An LDO is a local development order, made at local authority level by a local planning authority (LPA). Once...

9th Nov

Practice notes

Purchase notices

What is a purchase notice?The purchase notice procedure provides landowners with a means of having land acquired by a local planning authority (LPA)...

9th Nov

Practice notes

Compulsory purchase—compensation

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...

Produced in partnership with Stephen Morgan of Landmark Chambers 12th Jan

Most recent Compulsory purchase content

Q&As

What searches can be carried out to determine whether properties are affected by High Speed 2 and Crossrail? What further information exists in respect of a property located in the vicinity of Crossrail but which does not qualify for a settlement deed?

Commercial conveyancing companies such as Groundsure provide High Speed 2 (HS2) and Crossrail searches to help determine whether properties are...

15th Jan

Practice notes

Compulsory purchase—procedure

STOP PRESS: On 13 October 2020, the Welsh Government announced changes to the Planning Policy Wales and updated Circular guidance pursuant to...

15th Jan

Practice notes

The Crichel Down Rules

The Crichel Down Rules (the Rules) require that in certain circumstances, surplus government land that was acquired by, or under a threat of,...

15th Jan

Practice notes

Overriding easements and other rights

IntroductionSection 203 of the Housing and Planning Act 2016 (HPA 2016) confers powers to override easements and other rights benefitting adjoining...

15th Jan

Practice notes

High Speed 2

What is High Speed 2?High Speed 2 (HS2) is a proposed new high-speed rail network, from London to Birmingham and to Manchester and Leeds. The...

15th Jan

Practice notes

Compulsory purchase—compensation

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...

Produced in partnership with Stephen Morgan of Landmark Chambers 15th Jan

Practice notes

Purchase notices

What is a purchase notice?The purchase notice procedure provides landowners with a means of having land acquired by a local planning authority (LPA)...

15th Jan

Practice notes

Transport and Works Act Orders

Orders under the Transport and Works Act 1992 (TWA 1992) are statutory instruments which can authorise guided transport schemes and certain other...

15th Jan

Practice notes

Compulsory purchase—powers of entry and temporary possession

Right to enter and survey landRight to enter land under the Local Government (Miscellaneous Provisions) Act 1976Prior to 13 July 2016, section 15 of...

15th Jan

Practice notes

Compulsory acquisition for NSIPs—application, draft DCO and supporting documentation

The Planning Act 2008 (PA 2008) introduced development consent orders (DCOs) for nationally significant infrastructure projects (NSIPs). The regime...

Produced in partnership with Charlotte Coulson 15th Jan

Practice notes

High Speed 2—statutory blight

High Speed 2 (HS2) is a proposed new high-speed rail network, from London to Birmingham and to Manchester and Leeds. The government hopes it will...

15th Jan

Practice notes

References to the Upper Tribunal (Lands Chamber) for compulsory purchase compensation

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...

15th Jan

Practice notes

Compulsory purchase—public inquiries, hearings and written representations

ContextWhere a ‘qualifying person’ objects to a proposed compulsory purchase order (CPO) to which the Acquisition of Land Act 1981 (ALA 1981) applies,...

15th Jan

Practice notes

Rights of entry under the Planning Act 2008, s 53

Requirements of s 53A person (‘the applicant’) who proposes to make or who has made a Development Consent Order (DCO) application under the Planning...

15th Jan

Practice notes

Compulsory acquisition for NSIPs—introduction and principles

The Planning Act 2008 (PA 2008) introduced development consent orders (DCOs) for nationally significant infrastructure projects (NSIPs). The regime...

Produced in partnership with Charlotte Coulson 15th Jan

Practice notes

Compulsory acquisition for NSIPs—examination, making the DCO, costs, implementation and material change applications

The Planning Act 2008 (PA 2008) introduced development consent orders (DCOs) for nationally significant infrastructure projects (NSIPs). The regime...

Produced in partnership with Charlotte Coulson 15th Jan

Practice notes

S 17 certificates of appropriate alternative development

In order to assist the assessment of compensation in certain circumstances, section 17 of the Land Compensation Act 1961 (LCA 1961) provides that an...

Produced in partnership with Gregory Jones QC of Francis Taylor Building 15th Jan

Practice notes

Implementing a CPO—notice to treat and General Vesting Declaration

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...

15th Jan

Practice notes

Compulsory Acquisition for NSIPs—special categories of land, associated development and additional land

The Planning Act 2008 (PA 2008) introduced development consent orders (DCOs) for nationally significant infrastructure projects (NSIPs). The regime...

Produced in partnership with Charlotte Coulson 15th Jan

Practice notes