The Law of Compulsory Purchase 5th ed

Designed and written with the busy practitioner in mind, The Law of Compulsory Purchase sets out in convenient narrative form, the practice, procedure, policy and valuation with cross-referencing to the relevant cases, statutory provision and policy circulars. It also includes a full explanation of the scope of powers to acquire land compulsorily and the exercise of the powers and principles of compensation, alongside the relevant statutory materials.

This fifth edition of the book is updated to include:

• Changes to the law made by the Localism Act 2011, the Housing and Planning Act 2016 and the Neighbourhood Planning Act 2017
• The Levelling-up and Regeneration Act 2023
• Proposed reforms included in the Compulsory Purchase Consultation Paper
• The Planning and Infrastructure Bill

table of content

DIVISION A Introduction

 

 

1. Introduction

 

2. Evolution of the system

 

3. The nature of compulsory purchase

 

4. The human rights dimension

 

5. Disposal of land acquired by compulsion

 

DIVISION B Powers of Compulsory Purchase

 

 

1. Compulsory purchase powers

 

2. The subject matter of compulsory purchase

 

3. Purchase of land by agreement

 

4. Purchase and blight notices

 

DIVISION C Compulsory Purchase Orders and Procedure

 

 

1. Introduction

 

2. Acquisition by a non-ministerial authority

 

3. Acquisition by a ministerial authority

 

4. Special kinds of land

 

5. Special parliamentary procedure

 

6. Challenging a compulsory purchase order

 

7. Transport and Works Act 1992

 

8. Development consent under the Planning Act 2008

 

DIVISION D Implementation of Compulsory Purchase

 

 

1. Introduction

 

2. Commencing implementation of compulsory purchase

 

3. Lawful Entry

 

4. Acquiring title and completion

 

5. Special cases

 

6. Interests in land

 

DIVISION E Compensation for Compulsory Purchase

 

 

1. Introduction

 

2. Compensation for land acquired

 

3. Assumptions as to planning permission

 

4. Disregarding the scheme

 

5. Equivalent reinstatement

 

6. Compensation for disturbance

 

7. Severance and injurious affection

 

8. Deduction for betterment

 

9. Supplementary payments and duty to re-house

 

DIVISION F Compensation Where No Land Taken

 

 

1. Introduction

 

2. Injurious affection where no land has been taken

 

3. Compensation for the use of public works.

 

4. Mitigation of the effects of public works

 

DIVISION G Compensation for Decisions, Controls and Works

 

 

1. Introduction

 

2. Compensation for planning decisions

 

3. Compensation for decisions relating to mineral planning

 

4. Compensation for the exercise of powers under the Highways Act 1980

 

5. Compensation for the exercise of powers relating to water supply, sewerage disposal, land drainage, pollution control and public health.

 

6. Compensation under the legislation relating to the gas, electricity and telecommunications industry

 

DIVISION H Determination and Recovery of Compensation

 

 

1. Determination and recovery of compensation