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Compulsory Purchase and Compensation Service
Richard Honey
Publication Date: December 2024
Publisher: Bloomsbury Professional
Copyright: 2024 Bloomsbury Professional
Compulsory Purchase and Compensation Service
An authoritative and user-friendly looseleaf service on the compulsory purchase of land and compensation. Designed and written with the busy practitioner in mind, it sets out in convenient narrative form practice, procedure, policy and valuation with full 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. Compulsory Purchase and Compensation Service will prove invaluable for all practitioners working in this field, particularly lawyers, surveyors and valuers acting for both landowners and acquiring authorities. Updates are charged for individually.
About the author
Richard Honey practises as a barrister in the fields of public law and environmental law, with particular specialisms in judicial review and High Court statutory challenges, infrastructure projects, compulsory purchase, compensation and land valuation, and commons and village greens. He is called to the Bars of England and Wales and Northern Ireland. He is a member of the Attorney General’s A Panel of junior counsel to the Crown. Richard appears most frequently in the Planning Court and in the Upper Tribunal Lands Chamber.
Richard is ranked as a leading barrister in four separate fields in Chambers and Partners: local government; environment; planning; and agriculture and rural affairs. He was the environment/planning junior of the year at the Chambers UK Bar Awards in 2018 (nominated in 2016 also).
Up to date to Issue 49, December 2024
Contents
- Foreword
- Preface
- Acknowledgements
- Abbreviations
- Close sectionDivision A Introduction
- Close sectionDivision B Powers of compulsory purchase
- Close sectionCHAPTER 1: COMPULSORY PURCHASE POWERS
- Close sectionCHAPTER 2: THE SUBJECT MATTER OF COMPULSORY PURCHASE
- Close sectionCHAPTER 3: PURCHASE OF LAND BY AGREEMENT
- A Introduction
- B Statutory power to acquire land by agreement
- C Purchase by agreement prior to confirmation of the compulsory purchase order
- D Purchase by agreement after confirmation of the compulsory purchase order
- E Formalities regarding sale and purchase of land by agreement
- F The terms of any agreement
- G No fetter on powers
- H Adverse rights over the land acquired
- Close sectionCHAPTER 4: PURCHASE AND BLIGHT NOTICES
- Close sectionDivision C Compulsory purchase orders and procedure
- CHAPTER 1: INTRODUCTION
- Close sectionCHAPTER 2: ACQUISITION BY A NON-MINISTERIAL AUTHORITY
- A Introduction
- B Acquisition by agreement
- C Planning requirements
- D Preparing a compulsory purchase order
- E Documents to be submitted to the confirming authority
- F The general certificate in support of order submission
- G Statement of reasons
- H Notices of the making of the order
- I Objections and representations
- J Grounds of objection
- K Confirming the order
- L Public local inquiries
- M The decision
- N Awards of costs incurred at inquiries
- Close sectionCHAPTER 3: ACQUISITION BY A MINISTERIAL AUTHORITY
- Close sectionCHAPTER 4: SPECIAL KINDS OF LAND
- Close sectionCHAPTER 5: SPECIAL PARLIAMENTARY PROCEDURE
- Close sectionCHAPTER 6: CHALLENGING A COMPULSORY PURCHASE ORDER
- A Restriction on court proceedings
- B Application to the High Court
- C Person aggrieved
- D The six-week period
- E Grounds for challenge
- F Overlap between the grounds
- G Not empowered to be granted
- H Ultra vires
- I A relevant requirement has not been complied with
- J The powers of the court
- K Procedure and applications to the High Court
- L Challenging the refusal to confirm a compulsory purchase order
- Close sectionChapter 7: Transport and Works Act 1992
- Close sectionChapter 8: Development consent and the Planning Act 2008
- Close sectionDivision D Implementation of compulsory purchase
- Close sectionCHAPTER 1: INTRODUCTION
- Close sectionCHAPTER 2: COMMENCING IMPLEMENTATION OF COMPULSORY PURCHASE
- Close sectionCHAPTER 3: LAWFUL ENTRY
- Close sectionCHAPTER 4: ACQUIRING TITLE AND COMPLETION
- A Introduction
- B Determination of interests to be acquired and assessment of compensation
- C Untraced and absent owners
- D Conveyance
- E Costs
- F Mortgages, rentcharges and leases
- G The reluctant vendor or acquiring authority
- H Advance payments of compensation
- I Transfer of title following general vesting declarations
- J Adverse possession against an acquiring authority after notice to treat
- Close sectionCHAPTER 5: SPECIAL CASES
- Close sectionCHAPTER 6: INTERESTS IN LAND
- Close sectionDivision E Compensation for compulsory purchase
- Close sectionCHAPTER 1: INTRODUCTION
- Close sectionCHAPTER 2: COMPENSATION FOR LAND ACQUIRED
- A Introduction
- B What is to be valued: land
- C Rule 1 ‘No allowance shall be made on account of the acquisition being compulsory’1
- D Rule 2 ‘The value of land shall, subject as hereinafter provided, be taken to be the amount which the land if sold on the open market by a willing seller might be expected to realise’1
- E Rule 3 ‘The special suitability or adaptability of the land for any purpose shall not be taken into account if that purpose is a purpose to which it could be applied only in pursuance of statutory powers, or for which there is no market apart from ... the requirements of any authority possessing compulsory purchase powers’1
- F Rule 4 ‘Where the value of land is increased by reason of the use thereof or of any premises thereon in a manner which could be restrained by any court, or is contrary to law, or is detrimental to the health of the occupants of the premises or to public health, the amount of that increase shall not be taken into account’1
- G Rule 5 ‘Where land is, and but for the compulsory acquisition would continue to be, devoted to a purpose of such a nature that there is no general demand or market for land for that purpose, the compensation may, if the Lands Tribunal is satisfied that reinstatement in some other place is bona fide intended, be assessed on the basis of the reasonable cost of equivalent reinstatement’1
- H Rule 6 ‘The provisions of rule (2) shall not affect the assessment of compensation for disturbance or any other matter not directly based upon the value of the land’
- Close sectionCHAPTER 3: ASSUMPTIONS AS TO PLANNING PERMISSION
- A Introduction
- B Existing planning permissions
- C Assumptions not directly derived from the development plan
- D Assumptions directly derived from the development plan
- E Certificates of appropriate alternative development
- F Planning decisions after acquisition
- G Ignoring the prospect of planning permission
- Close sectionCHAPTER 4: DISREGARDING THE SCHEME
- Close sectionCHAPTER 5: EQUIVALENT REINSTATEMENT
- Close sectionCHAPTER 6: COMPENSATION FOR DISTURBANCE
- Close sectionChapter 7: Severance and injurious affection
- Close sectionCHAPTER 8: DEDUCTION FOR BETTERMENT
- Close sectionCHAPTER 9: SUPPLEMENTARY PAYMENTS AND DUTY TO RE-HOUSE
- Close sectionDivision F Compensation where no land taken
- Close sectionCHAPTER 1: INTRODUCTION
- Close sectionCHAPTER 2: INJURIOUS AFFECTION WHERE NO LAND HAS BEEN TAKEN
- Close sectionCHAPTER 3: COMPENSATION FOR THE USE OF PUBLIC WORKS
- A Introduction
- B The right to compensation
- C Physical factors
- D Public works
- E Alterations to public works and changes of use
- F Immunity from action in nuisance
- G Interests qualifying for compensation
- H Claims
- I Responsible authority
- J Assessment of compensation
- K Interest on compensation
- L Effect of compulsory purchase of claimant’s land
- Close sectionCHAPTER 4: MITIGATION OF THE EFFECTS OF PUBLIC WORKS
- A Introduction
- B Soundproofing of buildings affected by noise caused by public works other than aerodromes
- C Soundproofing of buildings affected by noise caused by aerodromes
- D Payments in respect of caravans and other structures affected by noise caused by public works
- E Acquisition of land for mitigating the effect of public works
- F Execution of works to mitigate the adverse effects of public works
- G Power to pay expenses of persons moving temporarily during construction of works
- H Powers of highway authorities
- Close sectionDivision G Compensation for decisions, controls and works
- Close sectionCHAPTER 1: INTRODUCTION
- Close sectionCHAPTER 2: COMPENSATION FOR PLANNING DECISIONS
- A Introduction
- B Revocation and modification of planning permission
- C Withdrawal of planning permission granted by a development or other order
- D Discontinuance orders
- E Purchase notices
- F Stop notices
- G Tree preservation orders
- H Refusal of tree-felling licence
- I Revocation or modification of listed building consent
- J Building preservation notices
- K Ancient monuments
- L Advertisements
- M Statutory undertakers
- N Revocation or modification of hazardous substances consent
- O Extinguishment of right to use vehicles on highway
- P Rights of entry
- Q Access to the countryside
- R Compensation for interference with easements and other rights
- Close sectionCHAPTER 3: COMPENSATION FOR DECISIONS RELATING TO MINERAL PLANNING PERMISSIONS
- Close sectionCHAPTER 4: COMPENSATION FOR THE EXERCISE OF POWERS UNDER THE HIGHWAYS ACT 1980
- A Introduction
- B Prescription of an improvement line
- C Prescription of a building line
- D Directions to prevent obstructions to view
- E Directions requiring the angles of new buildings on corners to be rounded off
- F Directions requiring gas and water supplies to be moved
- G Exchange of land to adjust boundaries of highways
- H Removal of apparatus of public utility undertakers and removal of public sewers
- I Creation, diversion or extinguishment of public paths and rail crossings
- J Stopping up of private means of access
- K Alteration of levels of highways
- L Planting of trees, laying out of grass verges, erection of fences etc
- M Diversion of a navigable watercourse
- N Works on watercourses
- O Temporary diversions
- P Obtaining materials for repair of highways and bridges
- Q Execution of private street works
- R Carrying out of experiments for improving highways
- S Provision of barriers, rails, footbridges, drains, picnic sites and other facilities
- T Discharge of water
- U Entry on to premises for survey and maintenance
- V Entry, examination and laying open of premises
- Close sectionCHAPTER 5: COMPENSATION FOR THE EXERCISE OF POWERS RELATING TO WATER SUPPLY, SEWAGE DISPOSAL, LAND DRAINAGE, POLLUTION CONTROL AND PUBLIC HEALTH
- A Introduction
- B Inspection of reservoirs
- C Works by the Environment Agency or the Natural Resources Body for Wales
- D Works by water and sewerage undertakers
- E Drought orders
- F Rights of entry by the minister, Environment Agency, Natural Resources Body for Wales, water undertakers and local authorities
- G Compulsory works orders
- H Land drainage
- I Public Health Acts
- J Environmental permitting
- Close sectionCHAPTER 6: COMPENSATION UNDER THE LEGISLATION RELATING TO THE GAS, ELECTRICITY AND TELECOMMUNICATIONS INDUSTRY
- Close sectionDivision H Determination and recovery of compensation
- Close sectionDetermination and recovery of compensation
- A Introduction
- B The Upper Tribunal (Lands Chamber) – ‘the tribunal’
- C Jurisdiction of the tribunal
- D Notice of claim
- E Commencement of proceedings
- F Service of documents
- G Determination of proceedings by striking out
- H Determination of proceedings by consent order
- I Determination of proceedings by the written representations procedure
- J Determination of proceedings by means of simplified procedure
- K Determination of proceedings by means of the special and standard procedures
- L Case management procedures
- M The hearing1
- N Site inspections
- O The tribunal’s decision
- P Fees and costs
- Q Interest
- R Appeals from and review of decisions by the tribunal
- S Enforcement of the tribunal’s award
- Close sectionDetermination and recovery of compensation
- Close sectionDivision 1 Statutes
- Close sectionLands Clauses Consolidation Act 1845
- Arrangement of Sections
- INTERPRETATIONS IN THIS ACT
- PURCHASE OF LANDS BY AGREEMENT
- PURCHASE OF LANDS OTHERWISE THAN BY AGREEMENT
- APPLICATION OF COMPENSATION
- CONVEYANCES
- ENTRY ON LANDS
- INTERSECTED LANDS
- COMMON LANDS
- LANDS IN MORTGAGE
- RENTCHARGES
- LEASES
- INTERESTS OMITTED TO BE PURCHASED
- SALE OF SUPERFLUOUS LAND
- RECOVERY OF PENALTIES
- ACCESS TO SPECIAL ACT
- SCHEDULES
- Close sectionLands Clauses Consolidation Acts Amendment Act 1860
- Close sectionRailways Clauses Consolidation Act 1845
- Close sectionStatutory Orders (Special Procedure) Act 1945
- Close sectionRequisitioned Land and War Works Act 1945
- Close sectionRequisitioned Land and War Works Act 1948
- Lands Tribunal Act 1949
- Close sectionTown and Country Planning Act 1959
- Close sectionLand Compensation Act 1961
- ARRANGEMENT OF SECTIONS
- Part I:: Determination of Questions of Disputed Compensation
- Part II:: Provisions determining amount of compensation
- Part III:: Certification by Planning Authorities of Appropriate Alternative Development
- [Part IV: Compensation where Permission for Additional Development Granted after Acquisition]
- Part V:: Miscellaneous and General
- SCHEDULE 1: : Actual or prospective development relevant for purposes of ss 6 & 7
- [SCHEDULE 2A Additional compensation where section 14A applied
- [SCHEDULE 3: Application of Part IV to Certain Cases]
- Close sectionCompulsory Purchase Act 1965
- ARRANGEMENT OF SECTIONS
- Part I:: Compulsory Purchase under Acquisition of Land Act of 1946
- Part II:: Application of Part I to other cases and Supplemental Provisions
- SCHEDULE 1: : Persons without Power to sell their Interests
- SCHEDULE 2: : Absent and Untraced Owners
- [SCHEDULE 2A : Counter-notice requiring purchase of land not in notice to treat
- SCHEDULE 3: : . . .
- SCHEDULE 4: : Common Land
- SCHEDULE 5: : Forms of Conveyance
- SCHEDULE 7: : Consequential Amendments of References To Enactments Re-enacted in this Act
- Close sectionAgriculture (Miscellaneous Provisions) Act 1968
- Close sectionLocal Government Act 1972
- Close sectionLand Compensation Act 1973
- Close sectionLocal Government (Miscellaneous Provisions) Act 1976
- Close sectionLocal Government, Planning and Land Act 1980
- Part II:: Publication of Information by Local Authorities
- Part X:: Land Held by Public Bodies
- Part XIV:: Land—Miscellaneous
- Part XVI:: Urban Development
- SCHEDULE 16: : Bodies to whom Part X applies
- SCHEDULE 27: : Vesting of Land in Urban Development Corporations
- SCHEDULE 28: : Urban Development Corporations: Land
- Close sectionNew Towns Act 1981
- Part I:: New Towns and Their Development Corporations
- [Part II: Transfers from and dissolution of development corporations etc]
- Part V:: General and Supplemental
- SCHEDULE 4: : Procedure for Authorising Compulsory Acquisitions
- SCHEDULE 5: : Procedure for Authorising Compulsory Acquisition of Statutory Undertakers’ Operational Land
- SCHEDULE 6: : Modifications of Enactments for Purposes of this Act
- SCHEDULE 7: : Assessment of Compensation to Statutory Undertakers
- SCHEDULE 8: : Procedure for Dealing with Objections to Orders Under ss 23, 28 and 30
- SCHEDULE 9: :
- SCHEDULE 10: : Additional Provisions as to Transfer [. . .] of Property of Development Corporation
- Close sectionCompulsory Purchase (Vesting Declarations) Act 1981
- Part I:: General
- Part II:: Execution of Declaration
- Part III:: Effect of Declaration
- Part IV:: Supplementary
- [SCHEDULE A1: Counter-notice requiring purchase of land not in general vesting declaration
- SCHEDULE 1: : Divided Land
- SCHEDULE 2: : Vesting of Land in Urban Development Corporation
- SCHEDULE 4: : Transitional
- Close sectionAcquisition of Land Act 1981
- ARRANGEMENT OF SECTIONS
- Part I:: General
- Part II:: Purchases by Local and Other Authorities
- Part III:: Special Kinds of Land
- Part IV:: Validity and Date of Operation of Orders and Certificates
- Part V:: Procedure in Special Cases
- Part VI:: Footpaths and Bridleways
- Part VII:: Supplemental
- SCHEDULE 1: : Purchases by Ministers
- SCHEDULE 2: : Minerals
- [SCHEDULE 2A: Enactments eligible for directions applying section 14A of the Land Compensation Act 1961
- SCHEDULE 3: : Acquisition of Rights over Land by the Creation of New Rights
- SCHEDULE 5: : Transitional
- Close sectionHousing Act 1985
- Part II:: Provision of Housing Accommodation
- Part VIII:: Area Improvement
- Part IX:: Slum Clearance
- Part XVI:: Assistance for Owners of Defective Housing
- Part XVII:: Compulsory Purchase and Land Compensation
- Part XVIII:: Miscellaneous and General Provisions
- SCHEDULE 20: : Assistance by Way of Repurchase
- Part I:: The Agreement to Repurchase
- Part II:: Price Payable and Valuation
- Part III:: Supplementary Provisions
- SCHEDULE 21: : Dwellings Included in More Than One Designation
- Close sectionAgricultural Holdings Act 1986
- Close sectionHousing Act 1988
- Close sectionHousing and Planning Act 1986
- Close sectionLocal Government and Housing Act 1989
- Close sectionTown and Country Planning Act 1990
- ARRANGEMENT OF SECTIONS
- Part I:: Planning Authorities
- Part VI:: Rights of Owners etc to Require Purchase of Interests
- Part IX:: Acquisition and Appropriation of Land for Planning Purposes, etc
- Part X:: Highways
- Part XI:: Statutory Undertakers
- Part XIV:: Financial Provisions
- Part XV:: Miscellaneous and General Provisions
- SCHEDULE 1: : Local Planning Authorities: Distribution of Functions
- [SCHEDULE 1A: Distribution of Local Planning Authority Functions: Wales]
- SCHEDULE 3: : DEVELOPMENT NOT CONSTITUTING NEW DEVELOPMENT
- Part I:: Development not Ranking for Compensation Under s 114
- Part III:: Supplementary Provisions
- SCHEDULE 10: : CONDITION TREATED AS APPLICABLE TO REBUILDING AND ALTERATIONS
- SCHEDULE 13: : Blighted Land
- Close sectionPlanning and Compensation Act 1991
- Close sectionPlanning (Listed Buildings and Conservation Areas) Act 1990
- Close sectionTransport and Works Act 1992
- Close sectionTribunals and Inquiries Act 1992
- Close sectionLeasehold Reform, Housing and Urban Development Act 1993
- Close sectionLocal Government (Wales) Act 1994
- Part II:: Functions
- Part VII:: Miscellaneous and Supplemental
- SCHEDULE 4: : Exercise of Planning Functions in Wales
- SCHEDULE 5: : Unitary Development Plans in Wales
- Part I:: Minor and Consequential Amendments
- Part II:: Commencement of Unitary Development Plans
- Part III:: Transitional Provisions
- SCHEDULE 17: : Savings and Transitional Provisions
- Part II:: Transitional Provisions
- Close sectionEnvironment Act 1995
- Close sectionHousing Act 1996
- Close sectionHuman Rights Act 1998
- Arrangement of Sections
- SCHEDULE 1: : The Articles
- Part I:: The Convention
- Part II:: The First Protocol
- [Part III: Article 1 of the Thirteenth Protocol]
- Schedule 2: : Remedial orders
- Schedule 3: : Derogation and reservation
- Part I:: [. . .]
- [Part I: . . . ]
- Part II:: Reservation
- Schedule 4: : Judicial pensions
- Close sectionRegional Development Agencies Act 1998
- Close sectionParliamentary Costs Act 2006
- Close sectionPlanning Act 2008
- Close sectionLocalism Act 2011
- Close sectionHousing and Planning Act 2016
- Close sectionNeighbourhood Planning Act 2017
- Close sectionLevelling-up and Regeneration Act 2023
- Close sectionLands Clauses Consolidation Act 1845
- Close sectionDivision 2 Statutory Instruments
- SI 1947 No 1353 New Towns Compulsory Purchase (Contemporaneous Procedure) Regulations 1947
- SI 1948 No 1348 Stopping Up of Highways (Concurrent Proceedings) Regulations 1948
- SI 1948 No 1582 Extinguishment or Modification of Easements Regulations 1948
- SI 1950 No 792 Town and Country Planning (Churches, Places of Religious Worship and Burial Grounds) Regulations 1950
- SI 1952 No 161 Lands Tribunal (Statutory Undertakers Compensation Jurisdiction) Order 1952
- Close sectionSI 1959 No 715 Government Oil Pipe-Lines Regulations 1959
- SI 1965 No 75 New Towns Compulsory Purchase (Contemporaneous Procedure) Regulations 1965
- SI 1974 No 539 Land Compensation Development Order 1974
- Close sectionSI 1975 No 1379 Tribunals and Inquiries (Discretionary Inquiries) Order 1975
- Close sectionSI 1975 No 1763 Noise Insulation Regulations 1975
- Close sectionSI 1976 No 1775 Secretary of State for Transport Order 1976
- Close sectionSI 1977 No 549 New Towns (Compulsory Purchase of Land) Regulations 1977
- Close sectionSI 1987 No 764 Town and Country Planning (Use Classes) Order 1987
- Close sectionSI 1990 No 447 Housing (Prescribed Forms) Regulations 1990
- Close sectionSI 1990 No 465 Town and Country Planning (Blight Provisions) Order 1990
- Close sectionSI 1990 No 497 Compulsory Purchase of Land (Vesting Declarations) Regulations 1990
- SI 1990 No 1519 Planning (Listed Buildings and Conservation Areas) Regulations 1990
- Close sectionSI 1992 No 271 Land Compensation (Additional Development) (Forms) Regulations 1992
- Close sectionSI 1992 No 1492 Town and Country Planning General Regulations 1992
- Close sectionSI 1992 No.3138 Transport and Works Applications (Listed Buildings, Conservation Areas and Ancient Monuments Procedure) Regulations 1992
- SCHEDULE 1: Modifications of the 1990 Act and the Listed Buildings Regulations
- [SCHEDULE 1A: Modifications of the Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024
- ‘6A Ffurf y dystysgrif
- ‘6A Form of certificate
- SCHEDULE 2: Modifications of the 1979 Act [and the Ancient Monuments Regulations]
- [SCHEDULE 3: Modifications of the Historic Environment (Wales) Act 2023 and the Applications for Scheduled Monument Consent (Wales) Regulations 2024
- Close sectionSI 1993 No. 11 Public Path Orders Regulations 1993
- Close sectionSI 1993 No.1119 Transport and Works Applications (Inland Waterways Procedure) Regulations 1993
- Close sectionSI 1994 No.3263 Highways (Inquiries Procedure) Rules 1994
- Part I:: General
- Part II:: Rules Applicable to Inquiries in Connection with Orders or Schemes Proposed to be Made by the Secretary of State
- Part III:: Rules Applicable to Inquiries in Connection with Orders or Schemes Made by Local Highway Authorities [or Strategic Highways Companies]
- Part IV:: Rules Applicable to All Inquiries
- SI 1995 No 2262 Acquisition of Land (Rate of Interest after Entry) Regulations 1995
- Close sectionSI 1995 No 2803 National Park Authorities (Wales) Order 1995
- SCHEDULE 1: : Names of National Park Authorities
- SCHEDULE 2: : Membership of National Park Authorities
- SCHEDULE 3: : Meetings and Proceedings
- SCHEDULE 4: : Application of Other Provisions of the 1994 Act
- Schedule 5: : Application of Other Enactments and Instruments with Modifications
- SCHEDULE 6: : Transitional Provisions: General
- SCHEDULE 7: : Transitional Provisions: Capital Finance
- SCHEDULE 8: : Transitional Provisions: Competitive Tendering
- Close sectionSI 1996 No 1021 Lands Tribunal (Fees) Rules 1996
- Close sectionSI 1996 No 1022 Lands Tribunal Rules 1996
- Arrangement of rules
- Part I: Preliminary
- Part II: : Composition and Hearings of the Tribunal
- [Part IIA: Applications for Permission to Appeal]
- Part III: : Appeals
- Part IV: : References
- Part V: : Applications under section 84 of the Law of Property Act 1925 (Relief from restrictive covenants affecting land)
- Part VI: : Applications under section 2 of the Rights of Light Act 1959
- Part VII: : References by Consent
- Part VIII: : General Procedure
- [Part 8A: Permission to Appeal to the Court of Appeal and Review]
- SCHEDULE 1:
- SCHEDULE 2: :
- Close sectionSI 1996 No 1243 National Park Authorities (England) Order 1996
- [SCHEDULE 1
- SCHEDULE 2: : Meetings and Proceedings
- SCHEDULE 3: : Transfer of Staff
- SCHEDULE 4: : Town and Country Planning
- SCHEDULE 5: : Application of Enactments and Instruments
- SCHEDULE 6: : Transitional Provision: Competitive Tendering
- SCHEDULE 7: : Transitional Provision: General
- SCHEDULE 8: : Revocations
- Close sectionSI 1996 No 2325 Housing Act 1996 (Consequential Provisions) Order 1996
- Close sectionSI 1997 No 2971 Secretary of State for the Environment, Transport and the Regions Order 1997
- SI 1998 No 85 Urban Development Corporations in England (Transfer of Property, Rights and Liabilities) (Commission for the New Towns) Order 1998
- Close sectionSI 1999 No 221 Water (Compulsory Works Powers) (Notice) Regulations 1999
- SI 1999 No 372 Land Authority for Wales (Abolition) Order 1999
- Close sectionSI 2001 No 2568 Secretaries of State for Transport, Local Government and the Regions and for Environment, Food and Rural Affairs Order 2001
- Preliminary
- Incorporation of new Secretaries of State
- Transfer of functions from or to the Secretary of State
- Transfers to Secretary of State for Transport, Local Government and the Regions
- Transfers to Secretary of State for Environment, Food and Rural Affairs
- Transfers to Secretary of State for Trade and Industry
- Minor and consequential provisions
- SCHEDULE: Consequential Amendments
- SI 2004 No 2018 Transport and Works (Inquiries Procedure) Rules 2004
- Close sectionSI 2004 No 2594 Compulsory Purchase of Land (Written Representations Procedure) (Ministers) Regulations 2004
- SI 2004 No 2595 Compulsory Purchase of Land (Prescribed Forms) (Ministers) Regulations 2004
- Close sectionSI 2004 No 2730 Compulsory Purchase of Land (Written Representations Procedure) (National Assembly for Wales) Regulations 2004
- Close sectionSI 2004 No 2732 Compulsory Purchase of Land (Prescribed Forms) (National Assembly for Wales) Regulations 2004
- Close sectionSI 2006 No 1466 Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006
- Arrangement of rules
- 1 Citation and commencement
- 2 Revocation
- 3 Transitional provisions
- 4 Interpretation and notices
- 5 Pre-application draft order and explanatory memorandum
- 6 Provision of environmental information
- 7 The requirement for environmental statement and screening decisions
- [7A Environmental impact assessment
- 8 Scoping opinion
- [8A Coordination where application requires appropriate assessment
- 9 Form of application
- 10 Documents accompanying application
- [11 Environmental statements: provision of information
- 12 Plans, sections and book of reference
- 13 Deposit of copy application etc. with others
- 14 Publicity for application
- 15 Notices to owners, occupiers etc.
- 16 Developments likely to have significant effects on the environment of another part of the United Kingdom or certain other states
- 17 Further information and notices
- 18 Waiver of requirements in relation to applications
- 19 Fees for applications
- 20 Orders made by the Secretary of State under section 7
- 21 Objections and other representations: general
- 22 Notice of objections and other representations
- 23 Application of written representations procedure
- 24 Procedure by written representations
- 25 Submission of written objections and other representations to inquiry or hearing
- 26 Power to set later time limits
- 27 Service of notices or documents
- 28 Applications relating solely to Wales
- [29 Review
- [SCHEDULE 1: INFORMATION TO BE INCLUDED IN ENVIRONMENTAL STATEMENTS
- SCHEDULE 2: : FORMS OF NOTICE
- SCHEDULE 3: : FORM OF ESTIMATE OF COSTS
- SCHEDULE 4: : FEES
- SCHEDULE 5: : Those to be served with a copy of the application and documents
- SCHEDULE 6: : THOSE TO BE SERVED WITH NOTICE OF APPLICATION
- SCHEDULE 7: : PROPOSALS FOR ORDERS UNDER SECTION 7
- Close sectionSI 2006 No 1954 Transport and Works (Model Clauses for Railways and Tramways) Order 2006
- Close sectionSI 2007 No 3617 Compulsory Purchase (Inquiries Procedure) Rules 2007
- Close sectionSI 2009 No 1114 Upper Tribunal (Lands Chamber) Fees Order 2009
- Close sectionSI 2010 No 2600 Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010
- CONTENTS
- Part 1:: Introduction
- Part 2:: General Powers and Provisions
- Part 3:: Applications for Permission to Appeal
- Part 4:: Appeals
- Part 5:: References
- Part 6:: Applications Under Section 84 of the Law of Property Act 1925 (Discharge or Modification of Restrictive Covenants Affecting Land)
- [Part 6A: Applications under section 130 or 135 of the Environment Act 2021 (discharge or modification of an obligation under a conservation covenant, and declarations about conservation covenants)]
- Part 7:: Applications Under Section 2 of the Rights of Light Act 1959
- Part 8:: [Cases Transferred to the Tribunal, Including Judicial Review Proceedings]
- Part 9:: Hearings
- Part 10:: Decisions
- Part 11:: Correcting, Setting Aside, Reviewing and Appealing Decisions of the Tribunal
- Part 12:: Revocations and Transitional Provision
- SI 2010 No 3015 Compulsory Purchase (Inquiries Procedure) (Wales) Rules 2010
- SI 2012 No 500 Tribunal Procedure (Amendment) Rules 2012
- SI 2012 No 628 Localism Act 2011 (Commencement No 4 and Transitional, Transitory and Saving Provisions) Order 2012
- SI 2012 No 634 Land Compensation Development (England) Order 2012
- Close sectionSI 2013 No 1188 Tribunal Procedure (Amendment No 3) Rules 2013
- Close sectionSI 2016 No 434 Court of Appeal and Upper Tribunal (Lands Chamber) Fees (Amendment) Order 2016
- Close sectionSI 2017 No 3 Compulsory Purchase of Land (Vesting Declarations) (England) Regulations 2017
- SI 2017 No 472 Town and Country Planning (Blight Provisions) (England) Order 2017
- SI 2019 No 1018 Town and Country Planning (Blight Provisions) (Wales) Order 2019
- SI 2020 No 340 Home Loss Payments (Prescribed Amounts) (Wales) Regulations 2020
- SI 2020 No 739 Home Loss Payments (Prescribed Amounts) (England) Regulations 2020
- SI 2021 No 841 Home Loss Payments (Prescribed Amounts) (England) Regulations 2021
- SI 2022 No 793 Home Loss Payments (Prescribed Amounts) (England) Regulations 2022
- SI 2023 No 803 Home Loss Payments (Prescribed Amounts) (England) Regulations 2023
- Close sectionSI 2024 No 915 Land Compensation (Additional Compensation) (England) Regulations 2024
- Close sectionDivision 3 Rates of interest after entry
- Schedule of prescribed rates of interest since 31 October 1989
- Close sectionSI 1995 No.2262 Acquisition of Land (Rate of Interest after Entry) Regulations 1995
- Close sectionCircular (unnumbered): Compulsory Acquisition of Land: Acquisition of Land (Rate of Interest after Entry) Regulations 1995 (SI 1995/2262)
- Close sectionDivision 4 Circulars and other guidance
- Close sectionWelsh Office Circular 44/91
- Close sectionDepartment for Transport, Local Government and the Regions
- Close sectionOffice of the Deputy Prime Minister Circular 06/03
- LOCAL GOVERNMENT ACT 1972 – GENERAL DISPOSAL CONSENT (ENGLAND) 2003 – DISPOSAL OF LAND FOR LESS THAN THE BEST CONSIDERATION THAT CAN REASONABLY BE OBTAINED
- Appeals
- Your property and discretionary purchase Highways England
- Introduction
- Discretionary purchase
- Applicant eligibility
- Reasonable efforts to sell the property
- Requesting and submitting an application for discretionary purchase
- How we assess your claim
- Foreknowledge
- Pressing need to sell and hardship
- Compensation for successful applications
- Referring a compensation dispute to the Upper Tribunal
- Noise measurement
- Typical noise levels
- Our commitment to be open and fair
- Complaints procedures
- Further information
- Close sectionGuidance on Compulsory purchase process and the Crichel Down Rules
- Compulsory purchase guidance Tier 1: compulsory purchase overview
- General overview
- The compulsory purchase order process
- Stage 1: choosing the right compulsory purchase power
- Stage 2: justifying a compulsory purchase order
- Stage 3: preparing and making a compulsory purchase order
- Stage 4: consideration of the compulsory purchase order
- Stage 5: implementing a compulsory purchase order
- Stage 6: compensation
- Tier 2: enabling powers
- Section 1: : advice on section 226 of the Town and Country Planning Act 1990
- Section 226: (1)(a)
- Section 2: : advice on Section 121 of Local Government Act 1972
- Section 3: : Homes England
- Section 4: : urban development corporations
- Section 5: : new town development corporations
- Section 6: : powers of local housing authorities for housing purposes and listed buildings in slum clearances Housing Act 1985: Part 2, Provision of housing accommodation
- Housing Act 1985: Part 9, Slum clearance
- Local Government and Housing Act 1989: Part 7, Renewal Areas
- Other housing powers
- Listed buildings in slum clearance
- Section 7: : to improve the appearance or condition of land
- Section 8: : for educational purposes
- Section 9: : for public libraries and museums
- Section 10: : for airport Public Safety Zones
- Section 11: : for listed buildings in need of repair
- Repairs notices
- The form of the compulsory purchase order and its associated notices
- Tier 3: procedural issues
- Common procedural issues Section 12: preparing statement of reasons
- Section 13: : general certificate
- Section 14: : preparing and serving the order and notices
- Section 15: : order maps
- Section 16: : addresses
- Procedural issues applying to some compulsory purchase orders Section 17: for community assets (at the request of the community or a local body)
- Section 18: : special kinds of land
- Section 19: : compulsory purchase of new rights and other interests
- Orders solely for new rights (no other interests in land to be purchased outright)
- Orders for new rights and other interests
- Schedule and map
- Section 20: : compulsory purchase of Crown land
- Issues for consideration
- Section 21: : certificates of appropriate alternative development
- Section 22: : protected assets certificate
- Section 23: : objection to division of land (material detriment)
- Section 24: : overriding easements and other rights
- Separate but related guidance
- Purchase notices
- The Crichel Down Rules
- Appendix A (see paragraph 18 of the Rules)
- Appendix B (see paragraph 25 of the Rules)
- Annex: (see paragraph 1 of the Rules)
- Close sectionDepartment for Communities and Local Government
- Close sectionLand Compensation Claims Protocol
- Close sectionCompulsory Purchase in Wales and ‘The Crichel Down Rules (Wales Version, 2020)
- Circular 003/2019: Compulsory Purchase in Wales and ‘The Crichel Down Rules’ (Wales Version 2020)
- Glossary
- Part 1: – Compulsory purchase overview
- Part 2: – Enabling compulsory purchase powers
- Part 3: – Procedures ancillary to compensation claims
- Part 4: – Procedural and drafting issues
- Part 5: – Overview in diagrammatic form of the compulsory purchase process for non-ministerial compulsory purchase orders
- Part 6: – ‘The Crichel Down Rules’ (Wales version, 2020)
- Appendix A – Sitting tenants
- Appendix B – Special procedures where boundaries of agricultural land have been obliterated
- Close sectionDivision 5 Practice notes and directions
- Close sectionPractice Directions
- Practice Directions Upper Tribunal (Lands Chamber)
- 1.0 Commencement, application and interpretation
- 2.0 Introduction
- 3.0 Case management
- 4.0 Applying for case management directions
- 5.0 Statements of case
- 6.0 Disclosure of documents
- 7.0 Appeals – Introduction
- 8.0 Types of appeal: review and rehearing
- 9.0 Appeals from a First-tier Tribunal
- 10.0 Applications for permission to appeal from the First-tier Tribunal
- 11.0 Appeals from Valuation Tribunals
- 12.0 Appeals under section 18, Land Compensation Act 1961
- 13.0 References under Part 5 of the Rules
- 14.0 References under the Electronic Communications Code
- 15.0 Applications concerning restrictive covenants under Part 6 of the Rules
- 16.0 Stays of proceedings and alternative dispute resolution (‘ADR’)
- 17.0 Preliminary issues
- 18.0 Expert evidence
- 19.0 Preparing for a hearing
- 20.0 Procedure at the hearing
- 21.0 Site inspections
- 22.0 Appealing against a decision of the Tribunal
- 23.0 Tribunal Fees
- 24.0 Costs
- 25 Applications under section 2, Rights of Light Act 1959
- 26 Valuation for the purpose of tax appeals
- Upper Tribunal Lands Chamber Procedure Flowchart T616
- UPPER TRIBUNAL (LANDS CHAMBER): Explanatory leaflet T604
- Close sectionTribunals Service Upper Tribunal (Lands Chamber) Form Ref (Authority) – Notice of Reference by an Authority T370
- Close sectionTribunals Service Upper Tribunal (Lands Chamber) Form Ref (Claimant) – Notice of Reference by a Claimant T371
- Close sectionTribunals Service Upper Tribunal (Lands Chamber) Form R Response (Authority) – Response by an Authority T372
- Close sectionTribunals Service Upper Tribunal (Lands Chamber) Form R Response (Claimant) – Response by a Claimant to a Notice of Reference T373
- Close sectionUpper Tribunal (Lands Chamber) Rules
- PART 1: – INTRODUCTION
- PART 2: – GENERAL POWERS AND PROVISIONS
- PART 3: – APPLICATIONS FOR PERMISSION TO APPEAL
- PART 4: – APPEALS
- PART 5: – REFERENCES
- PART 6: – APPLICATIONS UNDER SECTION 84 OF THE LAW OF PROPERTY ACT 1925 (DISCHARGE OR MODIFICATION OF RESTRICTIVE COVENANTS AFFECTING LAND)
- PART 7: – APPLICATIONS UNDER SECTION 2 OF THE RIGHTS OF LIGHT ACT 1959
- PART 8: – CASES TRANSFERRED TO THE TRIBUNAL, INCLUDING JUDICIAL REVIEW PROCEEDINGS
- PART 9: – HEARINGS
- PART 10: – DECISIONS
- PART 11: – CORRECTING, SETTING ASIDE, REVIEWING AND APPEALING DECISIONS OF THE TRIBUNAL
- Close sectionPractice Directions
- Close sectionTable of Statutes
- Close sectionTable of Statutory Instruments
- Close sectionTable of Cases
- Close sectionIndex