Planning & property law - Compulsory purchase

The system in this country of a public local authority or body being able compulsory to purchase land from a private land owner against his wishes is possible only when the public interest is clearly overriding and so demands. There is a substantial body of law and policy concerning this area of the law which is closely allied to the law of planning. Land assembly in particular in urban areas for purposes of regeneration is often effected with the use of compulsory purchase orders and powers. New road schemes whether promoted by the Government of local highway authorities often involve the use of compulsory purchase powers as well as orders under the Planning or Highways Acts.

Objections to CPOs and related orders normally require a public inquiry to be convened to hear such objections before an inspector, who reports to the Secretary of State before any such order is confirmed. Parties are able to call evidence and test the evidence of the opposing parties.

Matters of valuation are not properly the subject of such inquiries and any disputes as to compensation are heard by a formal procedure in the Lands Tribunal under the legislation made for this purpose.

In all these cases, whether acting for or against the scheme promoters, specialist advice and representation is normally required.

Members of 4-5 are able to give this advice and provide representation where appropriate. The clerks to chambers are informally able to offer names of specialist solicitors who may be able to assist before a barrister is appointed.