A summary Review of CPOs Update 2017

A useful summary report by Womble Bond Dickenson 2017 Update looking at the usage and success rates of compulsory purchase orders (CPOs), principally those made under the Town and Country Planning Act 1990 s226 (1)(a) (ie Planning CPOs) and those made under the Housing Act 1985 s17   (ie Housing CPOs).

Regards

Andrew Lavender

InfoType: 
Doc
Year: 
current
Practice: 

Comments

What I didn't know is about Planning. MHCLG's National Planning Policy Framework 2019 says, "Planning policies and decisions should promote and support the development of under-utilised land and buildings, especially if this would help to meet identified needs for housing. Plans and decisions should support efforts to identify and bring back into residential use empty homes and other buildings, supported by the use of compulsory purchase powers where appropriate."

And reading about the housing orders not made in the paper Andrew posted, I'm quite surprised at the emphasis being placed on the need to demonstrate the harm that the order property is having on the area/neighbours. And that failure to have used section 215 TCPA 1990 prior to resorting to CPO is such a no no.

Very interesting paper, thank you.  

Nick P-G
Reading BC
01189373091

Like Nick, I was also very interested in this document although we've never used a CPO before.  It was fascinating to read the reasons why some of the CPOs were rejected, particularly in light of their suggesting it should only be used as a 'last resort' and you should try everything else first.  The frequency of the S215 as Nick commented on was very interesting.  Also the 'state of mind' of the owner, particularly the CPO which was eventually rejected on the grounds that the owner was depressed and therefore was not in the right state mentally to deal with his property (and the CPO).  Very interesting reading, also a thank you from me.

Lynne Leach, South Lakeland District Council

Lynne Leach