Law Commission consultation on compulsory purchase

We provisionally propose that there should be an official Government-sanctioned list of all general powers to acquire land compulsorily should be published and maintained by the Government.

Do consultees agree?

We seek consultees’ views about whether there are any potential omissions or anomalies in the various powers of compulsory purchase provided for by public general Acts. Is there any clear need for a new power of compulsory purchase where one does not exist at present?

We invite consultees’ views on whether there ought to be a basic and standardised ancillary power to acquire rights over land which would apply wherever a primary power to compulsorily purchase land exists.

We invite consultees’ views on whether and (if so) how any ambiguity in the definition of “acquiring authority” in section 172 of the Housing and Planning Act 2016 (Right to enter and survey land) ought to be resolved.

We provisionally propose that section 11(3) of the Compulsory Purchase Act 1965 should be repealed, but its effect should be retained by amending section 172 of the Housing and Planning Act 2016 to allow surveys after confirmation of a compulsory purchase order (as well as “in connection with a proposal”).

Do consultees agree?