Prescribed exceptions on CPOs

Good afternoon all,

I'm hoping you can all help me with this.

I am about to embark on my first CPO, but I cannot find anywhere if there are prescribed exceptions on CPOs as there are with EDMOs. Is it the same for both? Are there no prescribed exceptions for CPOs?

Before I can proceed with the CPO work, I need to submit a Diversity Impact Assessment which will need to identify this.

Many thanks in advance (& apologies if there is a very obvious answer to this!) 

Sally Nelson
Private Sector Empty Homes Officer
Swindon Borough Council

Forums: 
CPOs

Hi Sally,

There are no prescribed exceptions to CPOs as there are with EDMOs. The process is entirely different.

However, with CPOs you do need to make sure that you select the correct enabling power (ie find the section in the appropriate Act authorising compulsory purchase), comply with the 2015 DCLG Guidance and you must show that there is a compelling case in the public interest for the making of the CPO. If you haven't made a CPO before, the DCLG Guidance is a good place to start - its full title is "Guidance on compulsory purchase and the Crichel Down Rules for the disposal of surplus land acquired by, or under the threat of, compulsion." You can find it on the DCLG website - just make sure that it is the 2015 guidance last updated in September 2017.

Hope this helps.

Fiona Anthony

Professional Support Lawyer, nplaw

Hi Sally,

Just to let you know that the DCLG (now MHCLG) Guidance was amended yesterday - 28 February 2018 - so that is the version you need to look for now. It has been revised to reflect legislative changes since 2015.

Kind regards,

Fiona

Fiona Anthony

Professional Support Lawyer, nplaw