Government tasks Law Commission with review of compulsory purchase procedure and land compensation

The Department for Levelling Up, Housing and Communities has asked the Law Commission to review the law on compulsory purchase procedure and land compensation.

Detailing the Government's plans in her monthly letter to chief planning officers, the Chief Planner, Joanna Averley, wrote that the "aim of the review is to make the legislation easier to access and understand for all those involved in the compulsory purchase process".

The review will bring the legislation on compulsory purchase procedure and land compensation together into one Act, according to Averley.

In undertaking this consolidation, the Commission "will seek to modernise the drafting, repeal any out of date provisions and rectify any technical inconsistencies identified".

Averley said the Government is keen for local planning authorities to make better use of their compulsory purchase powers, where appropriate, to drive forward the regeneration of their towns and cities.

"To facilitate this, we recognise there is a need for a more modern and efficient compulsory purchase system", she added.

The review is expected to take three years to complete and will involve engagement with key stakeholders.

The Law Commission recently issued a job advert seeking to take on a new lawyer to assist with the review.

In June of this year, the Government launched a consultation of the reforms for compulsory purchase proposed in its Levelling-up and Regeneration Bill.

These reforms would "streamline and modernise" the process of compulsory purchase orders (CPO) and give local authorities in England clearer enabling powers to use CPO for regeneration purposes, the Government said.

The measures in the Levelling-up Bill include:

• the introduction of conditional confirmations of CPOs
• the ability for compulsory purchase powers under CPOs to be exercised within a longer period than 3 years
• giving inspectors the ability to choose the appropriate procedure to confirm a CPO
• provisions to digitalise the CPO process; and
• clarification that the compulsory purchase powers of a local authority include using those powers for regeneration purposes

Responding to the consultation, the Law Society denounced the proposed reforms as a threat to human rights.

Adam Carey