Compulsory purchase

Compulsory purchase guidance:

Duty to achieve best consideration General duty Under section 123(1) of the Local Government Act 1972 (LGA 1972), principal authorities, defined in England as councils...

Practice Note

Local authorities who have acquired land for a statutory purpose must hold that land for that purpose. They cannot use that land for a different purpose unless authorised...

Practice Note

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...

Practice Note

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

Practice Note

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

Practice Note

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

Practice Note

Context The compulsory purchase system is based on the principle that an owner of land or rights compulsorily acquired or interfered with is entitled to the payment of...

Practice Note

If authorised to do so by the Secretary of State, a local authority (LA) has power under section 226(1) of the Town and Country Planning Act 1990 (TCPA 1990), to acquire...

Practice Note

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...

Practice Note

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...

Practice Note

Introduction There are a large number of statutory provisions which grant compulsory purchase powers for specific purposes to specified bodies, see Compulsory...

Practice Note

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...

Practice Note

Context When an acquiring authority proposes, as part of a compulsory purchase order (CPO) to which the Acquisition of Land Act 1981 (ALA 1981) applies, to acquire any...

Practice Note

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 government hopes it will...

Practice Note

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 improve the transport...

Practice Note

Context The confirmation of a compulsory purchase order (CPO) does not vest title in the land subject to the CPO in the acquiring authority, nor does it give the...

Practice Note

Introduction Section 203 of the Housing and Planning Act 2016 (HPA 2016) confers powers to override easements and other rights benefitting adjoining land in connection...

Practice Note

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

Practice Note

Role of the Upper Tribunal (Lands Chamber) (the Tribunal) The Tribunal is a specialist chamber of the Upper Tribunal established to determine disputes concerning land in...

Practice Note

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...

Practice Note

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

Practice Note

What is statutory blight? Blight occurs when the value of a property is reduced because of proposed development or public works, which make it difficult for homeowners to...

Practice Note

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

Practice Note

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...

Practice Note

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...

Practice Note

The procurement of major transport projects will require the procuring authority to address a wide range of issues from the outset, including obtaining all required...

Practice Note
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