2. Human Rights and Compulsory Purchase
2.1. Protocol 1, Article 1 of the European Convention on Human Rights ( ECHR) provides for the right to the peaceful enjoyment of one's possessions. Depriving an individual or business of their rights is a serious step that an Acquiring Authority should consider carefully.
2.2. However, it has been established that compulsory purchase will not breach these Human Rights where it:
- Is authorised by law;
- Is proportionate;
- Can be demonstrated to be in the public interest; and
- Landowners and others with an interest in the land are appropriately compensated.
2.3. Acquiring authorities should therefore be able to explain why they consider that:
a. The purposes for which land is to be acquired are sufficiently important to justify the deprivation of property or interference with possession which the compulsory purchase of land entails;
b. The land in question is needed for the proper delivery of those purposes;
c. A less intrusive measure could not have been used for those purposes; and
d. A fair balance has been struck between the rights of the individuals affected and the interests of the community.