Law Commission consultation on compulsory purchase

We provisionally propose that the powers of acquiring authorities to withdraw a compulsory purchase order should be clearly set out in statute. A compulsory purchase order should be capable of being formally withdrawn (whether in relation to the whole or part only of the subject land) by an acquiring authority during the following periods:

1. from the date of the notice of the making of the order until the date on which it is submitted to the confirming authority for confirmation; and
2. from the date on which notice of its confirmation is first published until the date on which notice to treat is served or the date on which a general vesting declaration is executed.

Do consultees agree?

We provisionally propose that a compulsory purchase order should be deemed withdrawn (whether in relation to the whole or part only of the subject land) in the following circumstances:

1. the acquiring authority fails to submit the order to the confirming authority for confirmation within six weeks of the date of the notice of the making of the order;
2. the confirming authority refuses to confirm the order (and the refusal decision is not successfully challenged through the courts);
3. where, after publication of the notice of confirmation, the acquiring authority fails to serve notice to treat or execute a general vesting declaration within the prescribed time limit; or
4. where a notice to treat ceases to have effect pursuant to section 5(2A) or 5(2B) of the Compulsory Purchase Act 1965 (and the prescribed time limit for implementation of the order has itself already expired).

Do consultees agree?

We provisionally propose that where an acquiring authority formally withdraws (or is deemed to have withdrawn) a compulsory purchase order (whether in whole or in part), it should be required to give notice of withdrawal to all persons on whom notice of the making of the order was served.

Do consultees agree?

We provisionally propose that (except by agreement with the landowner) withdrawal of a notice to treat under section 31(1) of the Land Compensation Act 1961 should be prohibited if the acquiring authority has already entered into possession of the land.

Do consultees agree?