The Law of Compulsory Purchase.

Format:

Book

Author/Creator:

Honey, Richard, author.

Clutten, Rebecca, author.

Daly, Caroline, author.

Pereira, James, author.

Language:

English

Subjects (All):

Compensation (Law)--Great Britain.

Compensation (Law).

Eminent domain--Great Britain.

Eminent domain.

Physical Description:

1 online resource (965 pages)

Edition:

5th ed.

Distribution:

London : Bloomsbury Publishing (UK), 2025.

Place of Publication:

London : Bloomsbury Professional, 2025.

System Details:

text file rdaft

Summary:

The Law of Compulsory Purchase helps the reader to understand the law relating to compulsory purchase and compensation with quick to find clear statements of the law and practice on all points arising in relation to compulsory purchase and compensation. The book includes the detailed analysis necessary to grapple with tricky points encountered in practice, and cross-references to legislation and key case law and guidance. This fifth edition of the book is updated to include: - recent case law from the courts and the tribunal - the major changes in the Levelling Up and Regeneration Act 2023 - the new MHCLG guidance and the tribunal's new practice directions - proposals for further reforms from the Government and the Law Commission, including the Planning and Infrastructure Bill

Contents:

Intro

Foreword to the 4th edition

Foreword to the 3rd edition

Preface

Table of statutes

Table of statutory instruments

Table of cases

Division A Introduction

Chapter 1 Introduction

A Introduction

B The aim and structure of this work

Chapter 2 Evolution of the system

B Evolution of the procedures

C Evolution of the principles of compensation

D Prospects of future change

Chapter 3 The nature of compulsory purchase

B Justification for the use of compulsory powers

C What is acquired by compulsory purchase

D The purchase price: compensation

E Bodies authorised to acquire land compulsorily

F Restrictions on the use of land compulsorily acquired

Chapter 4 The human rights dimension

B European Convention on Human Rights

C Human Rights Act 1998

D Relevance to compulsory purchase

Chapter 5 Disposal of land acquired by compulsion

B The 'Crichel Down Rules'

C The best consideration that can be reasonably obtained

D Adverse rights over the land disposed of

E Rights of pre-emption

Division B Powers of compulsory purchase

Chapter 1 Compulsory purchase powers

B Powers granted to an acquiring authority to purchase land by compulsion

C Some practical points in considering compulsory purchase powers

D Schedule: the compulsory purchase of land - principal powers

Chapter 2 The subject matter of compulsory purchase

A The meaning of 'land'

B Estates and interests in land which may be acquired

C Acquiring, interfering with and creating interests in and rights over land

D Other aspects of land

Chapter 3 Purchase of land by agreement

B Statutory power to acquire land by agreement.

C Purchase by agreement prior to confirmation of the compulsory purchase order

D Purchase by agreement after confirmation of the compulsory purchase order

E Formalities regarding sale and purchase of land by agreement

F The terms of any agreement

G No fetter on powers

H Adverse rights over the land acquired

Chapter 4 Purchase and blight notices

A Purchase notices

B Blight notices

Division C Compulsory purchase orders and procedure

Chapter 2 Acquisition by a non-ministerial authority

B Acquisition by agreement

C Planning requirements

D Preparing a compulsory purchase order

E Documents to be submitted to the confirming authority

F The general certificate in support of order submission

G Statement of reasons

H Notices of the making of the order

I Objections and representations

J Grounds of objection

K Confirming the order

L Public local inquiries

M The decision

N Awards of costs incurred at inquiries

Chapter 3 Acquisition by a ministerial authority

B Preparing the order

C Notices of preparation of draft order

D Objections and representations

E Making the order

F Public local inquiries

G Notification of the decision

H Notices after confirmation of the order

I Awards of costs incurred at inquiries

Chapter 4 Special kinds of land

B Land held by statutory undertakers

C Land owned by a local authority

D National Trust land

E Commons, open spaces and allotments

F Listed buildings and conservation areas

G Burial grounds

H Ecclesiastical property

I Land which forms part of a public right of way

J Crown land

Chapter 5 Special parliamentary procedure

B Procedural requirements

C Petitions

D After the report as to petitions.

E The joint committee

F Operation of orders

G Costs and special parliamentary procedure

Chapter 6 Challenging a compulsory purchase order

A Restriction on court proceedings

B Application to the High Court

C Person aggrieved

D The six-week period

E Grounds for challenge

F Overlap between the grounds

G Not empowered to be granted

H Ultra vires

I A relevant requirement has not been complied with

J The powers of the court

K Procedure and applications to the High Court

L Challenging the refusal to confirm a compulsory purchase order

Chapter 7 Transport and Works Act 1992

B The scope of the Act

C Making an application

F The decision

G Special parliamentary procedure

H Challenging the validity of a TWA order

Chapter 8 Development consent under the Planning Act 2008

B Overview of provisions relating to development consent

C Specific provisions relating to compulsory acquisition

Division D Implementation of compulsory purchase

A The principal statutory provisions

B The acquiring authority's objectives

C Acquiring title

D Means of gaining lawful entry

E Format

Chapter 2 Commencing implementation of compulsory purchase

A Notice to treat (Compulsory Purchase Act 1965, section 5)

B General vesting declaration

C Dealing with land pending compulsory acquisition

D Restriction on the acquisition of part

E Proposals for reform

Chapter 3 Lawful entry

A Notice of entry (Compulsory Purchase Act 1965, section 11(1))

B Alternative procedure for obtaining entry (Compulsory Purchase Act 1965, section 11(2) and Schedule 3)

C Entry following general vesting declaration

D Other points regarding entry.

Chapter 4 Acquiring title and completion

B Determination of interests to be acquired and assessment of compensation

C Untraced and absent owners

D Conveyance

E Costs

F Mortgages, rentcharges and leases

G The reluctant vendor or acquiring authority

H Advance payments of compensation

I Transfer of title following general vesting declarations

J Adverse possession against an acquiring authority after notice to treat

Chapter 5 Special cases

A Leasehold interests

B Rentcharges

C Mortgages

Chapter 6 Interests in land

B Acquisition of land with the benefit of an existing easement or right over other land

C The use of land acquired so as to interfere with an existing easement or other right over it

D The creation of new rights in land, where the land itself is not acquired

Division E Compensation for compulsory purchase

B Historical background

C The right to compensation

D The subject matter of compensation

E The nature of compensation

F Principles of compensation in outline

G Date of valuation

H Claims

Chapter 2 Compensation for land acquired

B What is to be valued: land

C Rule 1 'No allowance shall be made on account of the acquisition being compulsory'

D Rule 2 'The value of land shall, subject as hereinafter provided, be taken to be the amount which the land if sold on the open market by a willing seller might be expected to realise'

E Rule 3 'The special suitability or adaptability of the land for any purpose shall not be taken into account if that purpose is a purpose to which it could be applied only in pursuance of statutory powers, or for which there is no market apart from … the.

F Rule 4 'Where the value of land is increased by reason of the use thereof or of any premises thereon in a manner which could be restrained by any court, or is contrary to law, or is detrimental to the health of the occupants of the premises or to public

G Rule 5 'Where land is, and but for the compulsory acquisition would continue to be, devoted to a purpose of such a nature that there is no general demand or market for land for that purpose, the compensation may, if the Lands Tribunal is satisfied that

H Rule 6 'The provisions of rule (2) shall not affect the assessment of compensation for disturbance or any other matter not directly based upon the value of the land'

Chapter 3 Assumptions as to planning permission

B Existing planning permissions

C Assumptions not directly derived from the development plan

D Assumptions directly derived from the development plan

E Certificates of appropriate alternative development

F Planning decisions after acquisition

G Ignoring the prospect of planning permission

Chapter 4 Disregarding the scheme

B The 'Pointe Gourde' rule

C Land Compensation Act 1961, section 6

D Land Compensation Act 1961, section 9

E Betterment due to the scheme

F Special provisions for motorway service areas

G The no-scheme principle

Chapter 5 Equivalent reinstatement

B The rule

C Devoted to a purpose

D No general demand or market

E Continuing to be devoted to that purpose

F Genuine intention to reinstate

G Reasonable cost of equivalent reinstatement

H The discretion

I Dwellings adapted for a disabled person

Chapter 6 Compensation for disturbance

B The right to compensation for disturbance

C Assessment of disturbance compensation

D Residential disturbance

E Business disturbance.

F Disturbance compensation and tax.

ISBN:

1-5265-3207-7

1-5265-3208-5

1-5265-3206-9

OCLC:

1525620532