Insight
5 Feb 2021, 11:05
The Law Commission described the law around compulsory purchase orders as “an unwieldy and lumbering creature” in its
Towards a Compulsory Purchase Code report.
In truth, part of the reason why the law is challenging is the schizophrenic nature of the approach the Courts have taken to compulsory acquisition.
So in one case the Court of Appeal referred to the “draconian” nature of the exercise of compulsory purchase power, whereas the House of Lords described the power as: “an essential tool in a modern democratic society [that] facilitates planned and orderly development.”
It is strange then that despite the nature of the creature, the powers available to Local Authorities are increasingly being used as a vehicle to secure development and regeneration.