Back in 1998 the Government announced a fundamental review of the compulsory purchase system. This review was most welcome as compulsory purchase statutes range from 1845 through to 1998 and the whole system has become notorious for complexity and slowness.

In amongst the other much–publicised proposals for change within the planning system, this review has taken something of a quiet back seat but the Compulsory Purchase Policy Review Advisory Group has now completed its work and it’s report has been considered by the Government. The Deputy Prime Minster’s Office has now published proposals for change in the light of this report. The aim is to introduce more speed into CPO’s and to ensure that they are fairer to persons affected by them. Also, the proposals address uncertainties in the law and the scope of some CPO powers, and the adequacy of compensation levels.

In summary, the proposals are:

• In conjunction with the Law Commission, to consolidate the present mass of CPO statutes in clear and unambiguous new legislation.

• To improve the legislative basis under which Councils can compulsorily acquire land for planning purposes. In particular, Councils will be given more freedom by replacing S226(1) and (2) of the Town and Country Planning Act 1990 with a wider power to acquire land for the purposes of development, redevelopment or improvement for the economic, social and/or environmental benefit of its area.

• Simplified CPO procedures

- Unopposed CPO’s to be confirmed by the acquiring authority rather than having to be referred to the Minister.

- Objections to be dealt with by written representations, where the objectors agree this, rather than by Public Inquiry.

- A definitive compensation code to replace the present reliance on large amounts of contradictory case law.

- A statutory definition of the dates from which compensation entitlements arise – assets to be determined and valued as on the date the date the acquiring authority takes possession