Compulsory acquisition for NSIPs

The Planning Act 2008 (PA 2008) provides for the need for development consent orders (DCOs) for nationally significant infrastructure projects (NSIPs). The regime allows for compulsory purchase powers to be authorised as part of the DCO, with no need to seek separate compulsory purchase order powers for such NSIPs in England. For development in Wales, where compulsory acquisition is required for associated development, a separate compulsory purchase order will still need to be promoted. See Practice Note: Compulsory acquisition for NSIPs—introduction and principles.

Compulsory purchase in relation to development which does not constitute an NSIP is subject to separate legislation. See: Compulsory purchase orders—overview.

Justification for authorisation of compulsory acquisition as part of the DCO

The Secretary of State must be satisfied of the merits and need for the overall project before a decision on the compulsory acquisition powers can be made.

Purpose for which compulsory acquisition may be authorised as part of DCO (PA 2008, s 122)

PA 2008, s 122 provides that a DCO can only authorise the compulsory acquisition of land where the Secretary of State is satisfied that two

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Planning News

Welsh Government announces Senedd approval of Planning (Wales) Bill and Planning (Consequential Provisions) (Wales) Bill

The Welsh Government has announced that the Planning (Wales) Bill and the supplementary Planning (Consequential Provisions) (Wales) Bill have been approved by Senedd Cymru. The Bills aim to bring together fragmented planning legislation into a single, bilingual and coherent framework, modernising its structure while preserving the existing legal effect. A four-week intimation period now applies before the Bills may receive Royal Assent and become Acts of the Senedd. During this period, the Counsel General for the Welsh Government or the Attorney General for the UK Government may refer the Bills to the Supreme Court under section 112 of the Government of Wales Act 2006 (GoWA 2006).

Court confirms permission to appeal from the Planning Court is assessed under the ‘real prospect of success or compelling reason’ test (Dharmeshkumar v SSHCLG)

Planning analysis: In Dharmeshkumar v SSHCLG, the Court of Appeal confirmed that permission for an appeal to the Court of Appeal following a Planning Court decision in enforcement notice proceedings is governed by the general permission test in CPR 52.6. Under that test, permission may be granted where the appeal has a real prospect of success or there is some other compelling reason for it to be heard. It is not necessary to show that the appeal raises an important point of principle or practice.

PINS confirms permanent appointment of Rebecca Phillips as Chief Planning Inspector

The Planning Inspectorate (PINS) has confirmed the permanent appointment of Rebecca Phillips as Chief Planning Inspector following a competitive recruitment process. Phillips has served in the role on an interim basis since March 2025, during which she led initiatives to strengthen inspector learning and development and worked with the Ministry of Housing, Communities and Local Government on planning system reforms, including the draft National Planning Policy Framework and new approaches to local and strategic planning.

OEP publishes response to MHCLG consultation on National Planning Policy Framework reforms

The Office for Environmental Protection (OEP) has published its response to the Ministry of Housing, Communities and Local Government (MHCLG)’s consultation on proposed changes to the National Planning Policy Framework (NPPF), welcoming steps to improve coherence with environmental policy while recommending further strengthening in key areas. In its response, the OEP states that the revised framework must align clearly with national environmental targets, objectives and strategies if it is to deliver the government’s ambition of achieving both housing growth and nature recovery.