Compulsory Purchase

The Government has announced that High Speed Two will go ahead. The CLA believes that a thorough review of compulsory purchase law and procedures is needed so that those affected are treated fairly. (Posted 13 May 2010)

Policy

The CLA calls on the Government to:

• Use compulsory purchase only as a last resort and then only where need and public interest are proven and negotiations have failed;
• Update compulsory purchase legislation and procedures;
• Ensure claimants receive better terms and are treated fairly by acquiring authorities;
• Clarify the Crichel Down rules for the return of land no longer needed by the State.

The importance of these aims has been highlighted by present government proposals for a new high-speed rail line (HS2) between London and the West Midlands. Members who may be in the path of the line are already facing serious problems, partly because of a lack of government action on the principles above.

As an organisation which defends the property rights of our members, we will be very involved in advising, helping and lobbying for them in areas in which we have recognised expertise. These are mainly compulsory purchase and compensation. We will make every effort to ensure that our members are treated fairly.

High Speed Two – the London to Birmingham High Speed Railway.

The Government has already set out its preferred route for this high speed line and a public consultation is due in the autumn of 2010 in its Command Paper – High Speed Rail. Read our CLA briefing note on HS2.

A consultation paper on an Exceptional Hardship Scheme was published in March, designed to protect the interests of residential owner occupiers of properties which may be affected by the preferred route, but are not protected by the rules on Statutory Blight. The consultation runs until 20 May 2010. The CLA is studying this document and will respond.

The Infrastructure Planning Commission

Members facing the threat of other large infrastructure projects, whether large-scle power lines, power stations, airport extensions of rail and motorway works, need to know about the Infrastructure Planning Commission (IPC).

It has powers under the Planning Act 2009 including the ability to grant planning consent for large projects. This includes consent to the operation of compulsory purchase powers.

This is a major change. Broadly speaking, the law requires the acquirer to prove that the compulsory purchase is reasonably necessary and that alternative options have been taken into account.

There is no sign that the IPC has yet fully come to terms with this. Its existing guidance pays scant attention to the concerns of those whose land is taken. The CLA is raising these  concerns directly with the IPC. Members facing major infrastructure projects should contact the CLA.

Lobbying

The CLA regards the protection of its members’ interests when faced with the threat of compulsory purchase as one of its core roles.

We have been actively engaged with the Government and other key stakeholders for many years on the issue.

As long ago as the Second World War, the CLA was instrumental in securing benefits for its members with the result of the Crichel Down case. In this case the Government had attempted to keep land which it had compulsorily purchased, even after the war ended and the need for it had gone.

More recently we were heavily involved with the production of what turned out to be a very good Law Commission report on the reform of the compensation rules. Find the consultative and the final reports here – the consultative report gives useful detailed information on compensation rules.

Unfortunately the Government has yet to act on all the recommendations, and we will be lobbying the next Government to do so.

Read the CLA Parliamentary Briefing on the Planning and Compulsory Purchase Bill.

Advisory Handbook

The Lands Tribunal – Resolving Disputes on Statutory Compensation, by CLA Chief Surveyor Oliver Harwood. £15 to CLA members.

See also our Guidance Notes on compulsory purchase, free to members.