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CPO Guidance
CPO Guidance
It is well established as a matter of policy that compulsory purchase powers should be deployed as a last resort. In the context of section 226(1)(a) of the 1990 Act, the CPO Guidance advises that the confirming authority will consider whether the purpose for which the acquiring authority is proposing to acquire the land could be achieved by means other than compulsory acquisition. This may include considering the appropriateness of any alternative proposals put forward by the owners of the land, or any other persons, for its reuse. It may also involve examining the suitability of any alternative locations for the purpose for which the land is being acquired.
- Heading
- Introduction
- Ground of challenge
- The inspector’s decision letter
- Legal and policy framework
- Ground 1 – Viability
- The CPO Guidance
- Funding and delivery arrangements – the Second Defendant’s case
- Funding and delivery arrangements – the Second Defendant’s evidence
- The March report
- Overview and scrutiny process
- The Claimant’s case on viability and funding
- The parties’ closing submissions
- The inspector’s conclusions
- Submissions
- Discussion
- Ground 2 – Reasonable efforts to acquire by agreement
- The CPO Guidance
- The factual background
- Revised draft agreement and uplift offer
- March 2023 discussions and correspondence
- The Claimant’s objection
- The Second Defendant’s response
- Evidence at the public inquiry
- Closing submissions
- The inspector’s decision
- Submissions
- Discussion
- Ground 3 – excessive use of compulsory purchase powers
- CPO Guidance
- The parties’ contentions
- The inspector’s decision
- Submissions
- Discussion
- Conclusions