The Law Commission of England Wales is set to review the laws surrounding compulsory purchase orders in an effort to make the law “simpler, consistent, and more accessible”.
The Commission says compulsory purchase – the legal mechanism by which public bodies can acquire land without the consent of the owner – is “essential to the implementation of largescale projects to improve local and national infrastructure”, as well as being used to secure land for housing developments, community facilities, and environmental purposes.
More specifically, the review will look into the technical laws concerning:
- The procedures governing the acquisition of land through compulsory purchase orders.
- The system for assessing the compensation awarded to parties in relation to such acquisitions.
The Commission has been asked to conduct the review by the Department for Levelling Up, Housing and Communities (DLUHC) following concerns that the law of compulsory purchase in England and Wales is fragmented, hard to access and in need of modernisation. It also ties in with previous White Papers released by the government on such issues.
“It is important that the legislative regime is effective, consistent, and clear to both landowners and acquiring authorities – but the current laws are fragmented and complex, often leading to uncertainty and unpredictability,” said Nicholas Paines KC, Public Law Commissioner, adding:
“I am therefore pleased that the Law Commission is undertaking this review. Our project will help to ensure that the law governing compulsory purchase is modernised and simplified – so that it can better support future projects at a local and national level.”
Levelling Up Minister Dehenna Davison said:
“Giving councils the right tools to drive forward regeneration across our towns and cities and deliver much-needed new homes is essential to our levelling up mission. I am very pleased the Law Commission will review compulsory purchase law to make sure current rules are fit for purpose and councils have greater confidence on when and how they can use these powers.
The measures we are taking forward through the Levelling-up and Regeneration Bill will also improve the process and help ensure that fair compensation is paid.”
The Commission previously reviewed this area of the law in the early 2000s resulting in the publication of two reports in 2003 and 2004 dealing with compensation and procedure respectively. They were not implemented in full, with “only incremental changes” being made to the law since.
