Law Commission launches review of "fragmented and complex" compulsory purchase laws

The Law Commission has announced it will launch a review of the legislation governing compulsory purchase, with a view to making the law "simpler, consistent and more accessible".

The announcement comes in response to the Government's request in November for the Commission to conduct a review of the current law as part of its commitment to updating the powers as set out in its 2022 Levelling Up White Paper.

In the new review, the law reform advisory body will examine the technical laws concerning the procedures governing the acquisition of land through compulsory purchase orders and the system for assessing the compensation awarded to parties in relation to such acquisitions.

The review follows the Government's promise to make the following changes to the powers in its 2022 white paper:

• 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.

The proposed changes detailed in the White Paper have received heavy criticism from the Law Society, which said the reforms posed a threat to human rights.

Commenting on the review, 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.

Nicholas Paines KC, Public Law Commissioner, added: "Compulsory purchase orders are essential to delivering large-scale projects – from critical infrastructure, to housing developments and environmental plans.

"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.”

The review marks the first time the Commission has considered compulsory purchase powers since 2004.

Adam Carey