Compulsory acquisition for NSIPs

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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

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