Compulsory Purchase

March 2nd, 2018

The Compulsory Purchase of Land etc Regulations 2018, SI 2018/253, amend the Compulsory Purchase of Land (Written Representations Procedure) (Ministers) Regulations 2004 (SI 2004/2594) (“the 2004 Regulations”). The amendments make a number of procedural changes to the 2004 Regulations, including to authorise the use of electronic communications and to set out the modifications which will apply where a “confirming authority” appoints an Inspector to act instead of it in relation to the confirmation of a CPO. The “streamlining” amendments provide that any site visit under the written representations process must be undertaken within 15 weeks of the “starting date”, making clear that the 2004 Regulations will be subject to a number of modifications where a confirmation decision is delegated to an Inspector, making various changes to reflect that the decision whether to confirm the CPO will be taken by the Inspector, and clarifying where certain procedural steps will not be required; setting out the procedures to be followed where a decision whether or not to confirm a CPO is quashed following a successful legal challenge; and authorising the use of electronic communications under the 2004 Regulations.

Alongside these Regulations, the Compulsory Purchase Guidance published by the Ministry of Housing, Communities and Local Government has been amended to setout the criteria which the Secretary of State for Housing, Communities and Local Government will consider when deciding whether to delegate a case to an Inspector, and the target timetables for the confirmation of CPOs by confirming authorities (other than the Welsh Ministers). 

There are, however, no plans to consolidate the 2004 Regulations at this time.

The Compulsory Purchase (Inquiries Procedure) etc Rules 2018, SI 2018/248, amend the Compulsory Purchase (Inquiries Procedure) Rules 2007 (SI 2007/3617) (“the 2007 Rules”). The amendments make a number of procedural changes to the 2007 Rules, including to authorise the use of electronic communications and to set out the modifications which will apply where a “confirming authority” appoints an Inspector to act instead of it in relation to the confirmation of a CPO. The “streamlining” amendments provide that “the authorising authority” (which is the confirming authority for a non-Ministerial CPO and the relevant Minister for a Ministerial CPO)must inform the parties to the Inquiry of the expected date of its decision within ten working days beginning with the day after the day on which the inquiry closes; make clear that the 2007 Rules will be subject to a number of modifications where a confirmation decision is delegated to an Inspector, set out the procedures to be followed where a decision whether or not to confirm a CPO is quashed following a successful challenge; and authorise and facilitate the use of electronic communications under the 2007 Rules.

There are no plans to consolidate the 2007 Rules at this time.

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