header-logo header-logo

18 November 2011 / Keith Davies
Issue: 7490 / Categories: Features , Public , Property
printer mail-detail

Every little helps

Keith Davies reports on store wars in Wolverhampton

When a public body obtains a compulsory purchase order (CPO), its usual purpose involves development of the land purchased. Since the Revolution of 1689, and the Dockyards Act 1708, hundreds, if not thousands, of authorising Acts, have adorned the statute book. The advent of planning legislation in 1909 added planning control to compulsory acquisition, which can never of itself be an “acquisition for planning purposes”.

Three things need to be distinguished:

  • lawful purposes for which land may be acquired;
  • planning permission enabling any development to be carried out; and
  • lawful authorisation if particular land is to be purchased compulsorily.

These requirements are all public law and each public body concerned must be acting within its jurisdiction; if not, it will be vulnerable to judicial review proceedings.

If a local authority proposes to acquire land in its area “for planning purposes”, s 226 of the Town and Country Planning Act 1990 (TCPA 1990) (replacing earlier statutes dating back to the wartime Town and Country Planning

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll