The law governing compulsory purchases is fragmented and inaccessible, the Law Commission has declared, as it seeks views on how to simplify, consolidate and modernise legislation.
Compulsory purchase is the acquisition of land for the public good without the owner’s consent. It can be carried out only with statutory authority and the owner must be compensated.
The commission reviewed compulsory purchase laws two decades ago, but the government opted against replacing the existing legislative framework due to the required resources and risk of unintended consequences.
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However, the commission, which was asked by the last government to look at compulsory purchase again, said piecemeal changes to the law have made it even more complicated and fragmented than it was two decades ago. Since the last review, the Planning and Compulsory Purchase Act 2004, Localism Act 2011, Growth and Infrastructure Act 2013, Housing and Planning Act 2016, Neighbourhood Planning Act 2017 and Levelling-up and Regeneration Act 2023 have been introduced.
In the latest consultation, the commission is seeking views on issues such as the terminology, challenging the validity of a compulsory purchase order, a single unified procedure, technical issues, completion costs, counter-notices and compensation.
Public law commissioner Professor Alison Young said: ‘Compulsory purchase is an important means through which to deliver infrastructure and development projects. However, the law is complex and inaccessible. It is important to ensure that the law is clear and up to date. We would encourage anyone who has knowledge or experience in this area to give us their views on our questions and provisional proposals.’
The consultation closes on 31 March.
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