Law Commission consultation on compulsory purchase

We provisionally propose that section 10 of the Compulsory Purchase Act 1965 (along with the McCarthy Rules) and Part 1 of the Land Compensation Act 1973 be amalgamated into a single code dealing with compensation for loss due to public works (where no land is taken from the claimant).

Do consultees agree?

We invite consultees’ views as to whether compensation for loss caused by execution of public works (as opposed to their use) should continue to be payable only to the extent that a claim against the authority would have succeeded at common law apart from the immunity conferred by the statute.

Assuming that section 10 of the Compulsory Purchase Act 1965 and Part 1 of the Land Compensation Act 1973 are brought together into a unified code for compensation where no land is taken, we invite consultees’ views as to whether:

1. the restriction of compensation to depreciation of existing use value only, applicable at present to claims under Part 1 of the 1973 Act for use of public works, should also be made applicable to claims for execution of public works;
2. there should be no such restriction for claims relating to either the use or execution of public works; or
3. as now, the restriction should be applicable to claims relating to use of public works, but not their execution.

Assuming that section 10 of the Compulsory Purchase Act 1965 and Part 1 of the Land Compensation Act 1973 are brought together into a unified code for compensation where no land is taken, we invite consultees’ views as to whether the rateable value limit, applicable at present only to claims under Part 1 of the 1973 Act, should apply:

1. to all claims under the unified code; or
2. to no claims under the unified code.

We provisionally propose that the £50 threshold for claims should be uprated to take account of inflation and that it should apply to claims for depreciation in the value of land caused both by the execution and use of public works (assuming that section 10 of the Compulsory Purchase Act 1965 and Part 1 of the Land Compensation Act 1973 are brought together into a unified code for compensation where no land is taken).

Do consultees agree?