Compulsory purchase orders and acquiring authorities: guidance on preparing a CPO

CPOGNAA/003 Third in a series of guidance notes intended to provide information for acquiring authorities with no, or limited experience of, compulsory purchase orders (CPOs). This note provides guidance on preparing a CPO.

2. Justification

2.1. Acquiring Authorities are required to clearly set out why a CPO is in the public interest and give the justification for interfering with the legal rights, such as those under the European Convention of Human Rights, of the people it will affect. The Acquiring Authority should also be satisfied that making a CPO will fulfil a clear objective and that the necessary funds are available and/or it has a reasonable prospect of securing finance to cover the full purchase and compensation costs associated with the CPO and to deliver the underlying project.

2.2. The enabling legislation under which the Acquiring Authority is pursuing the CPO will identify any specific requirements it will need to meet to justify the use of compulsory purchase. Typical examples are that the proposal will need to be included within a local development plan, housing plan or investment plan, or that any pre-requisites required by statute have been met ( e.g. for listed buildings). Guidance note CPOGNAA/001 provides a list of the common Compulsory Purchase Order powers used by Acquiring Authorities.

2.3. Acquiring Authorities should aim to develop the strongest possible case drawn from evidence when demonstrating the public interest associated with the compulsory purchase proposal. This is to ensure that any objections or legal challenge by land owners or those impacted by the development, can be addressed and if necessary defended.


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