Our colleagues in the Planning & Compulsory Purchase team, Anastasia Antonia and William Noble, summarise the recent procedural changes to the promotion of CPOs below.   

Changes to the Prescribed Forms 

On 5 April 2024, the Secretary of State for Levelling Up, Housing and Communities made the Compulsory Purchase of Land (Prescribed Forms) (Ministers) (Amendment) Regulations 2024 (“the 2024 Regulations”), which amends the existing Compulsory Purchase of Land (Prescribed Forms) (Ministers) Regulations 2004 (the 2004 Regulations).

The 2024 Regulations took effect on 30 April 2024 and updated the prescribed forms that must be used when making a CPO in England and Wales. The 2024 Regulations also include transitional provisions that mean that the previous versions of forms 7 to 9 and 10 to 12 continue to apply to CPOs where notice of the making or preparation in draft of the CPO was published before 30 April 2024. 

The forms have largely been updated to provide more information about the CPO and to reflect requirements introduced by the Levelling-up and Regeneration Act 2023 (“the LURA”). For example:

•           Implementation period: Several forms now set out the period during which the acquiring authority may serve a notice to treat or execute a general vesting declaration once a CPO becomes operative.

•           Cases where the prospect of planning permission is to be ignored: Additional wording must be added to certain forms where a CPO is made or confirmed in accordance with a direction that section 14A of the Land Compensation Act 1961 applies (i.e. cases where the prospect of planning permission / “hope value” is to be ignored).

•           Cases where minimum compensation is to be paid for listed buildings: Additional wording must be added to certain forms where a direction is made that minimum compensation is to be made for a listed building which is being acquired under section 47 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

•           Documents hosted online: Several forms have received additional text setting out the website where a copy of the order and accompanying map can be viewed online. This incorporates section 11(2)(ca) of the Acquisition of Land Act 1981, which was introduced by the LURA and requires that the documents are published on an appropriate website.

•           No local deposit: The updated guidance on several forms explains that the confirming authority has the power to direct that a physical copy of the order and accompanying map does not need to be deposited where special circumstances make this impractical. This reflects section 11(2A) of the Acquisition of Land Act 1981, which was introduced by the LURA.

•           Period for objections: The updated guidance for certain forms reflects that the final day for objections must be determined in accordance with section 12A Acquisition of Land Act 1981, which was introduced by the LURA.

In addition to the changes to the prescribed forms, the Secretary of State is no longer required to review and report on regulations 3(da), (db) and (e) of the 2004 Regulations and their associated forms. 

Changes to the General Vesting Date (GVD) Procedure Forms

There have also been changes this year to the GVD procedure forms by the Compulsory Purchase of Land (Vesting Declarations and Land Compensation Development Order) (England) (Amendment) Regulations 2024 (“the GVD Regulations 2024”) which amend the Compulsory Purchase of Land (Vesting Declarations) (England) Regulations 2017 (“the 2017 Regulations”).

These changes include: 

•           Secretary of State review: The Secretary of State is no longer required to review and report on regulations 1-3 of the 2017 Regulations including the associated report on its findings every five years.

•           New forms: Forms 1 and 2 of the 2017 Regulations have been replaced with new forms. While the changes are minor, Form 2 now requires the inclusion of a website where a copy of the general vesting declaration and the plan annexed to the declaration can be found. The guidance notes confirm this is required where the acquisition is authorised under the Acquisition of Land Act 1981 but is optional when authorised under a different procedure.

These new forms do not apply to CPOs published before 30 April 2024 in accordance with the Acquisition of Land Act 1981. 

Changes to certificates of appropriate alternative development (CAADs)

The GVD Regulations 2024 also amend the Land Compensation Development (England) Order 2012 (“the 2012 Order”) with the changes being effective from 31 January 2025.

Local planning authorities will be required to provide a statement in writing of their reasons when rejecting an application for a CAAD and when issuing a CAAD under section 17 of the Land Compensation Act 1961.

Conclusions

The main purpose of these changes is to ensure that they align with the procedural changes introduced under the LURA and assist with bringing procedure into the modern world. There is still a lot of work to be done in this respect and a review is currently in progress by the Law Commission in collaboration with bodies such as the Compulsory Purchase Association on taking this further. 

Along with our colleagues Alex Minhinick, partner and Jen Ashwell, director, we are hosting a webinar on 1 October from 12-1pm on a practical guide to CPO promotion and compensation, focusing on recent legislative and policy changes and key decisions. Registration details are here so please do join us if you are free.