The Law Commission's consultation on CPO reform aims to modernise and simplify aspects of the legislative framework, making it more consistent and user-friendly, but it falls short of comprehensive reform, meaning that acquiring land may remain a complex, costly, and time-consuming process that may not significantly encourage more regeneration projects. This analysis, written by planning barrister Martha Grekos, looks at the potential implications of the Law Commission’s proposals and whether it is likely to be effective in streamlining the compulsory purchase system.

The Law Commission has published a consultation paper as part of its review of current compulsory purchase and compensation laws in England and Wales. See: LNB News 20/12/2024 29 for full details of the consultation. Any proposals to make the CPO legislative regime effective, consistent, and clear (to both landowners and acquiring authorities) is very welcomed as the current laws are fragmented and complex, often leading to uncertainty and unpredictability. It is quite apparent from reading the Law Commission’s CPO consultation paper that this is not a consolidation exercise of the CPO regime though—unlike its recommendations in 2003 and 2004 which were to introduce a CPO Code (see ‘Towards a Compulsory Purchase Code’). The focus in 2025 is more on modernisation and amalgamation of some parts of the legislation.On the one hand, this modernisation is useful (for both developers and acquiring authorities) as it irons out some anomalies and inconsistencies and makes a few things more standardised and user-friendly by getting rid of some archaic language. A good example is the two authorisation procedures for CPO that are being proposed to be amalgamated or where the law is proposed to be rationalised and simplified by replacing the NTT and GVD procedures with a single unified procedure for implementing CPO. Even the sections in the consultation report dealing with the landowners who are missing/not co-operating or omitted interests is positive as the Law Commission proposes to get rid of legislation that is redundant, antiquated, or unduly restrictive so as to overcome hurdles in the process.

However, this is unlikely to make it quicker and easier to acquire land. As much as the proposals may help make things slightly clearer and more meaningful in the 21st century context, they are unlikely to operate to encourage promoters to bring forward more regeneration projects across the country. The overall process is still lengthy, requires confidence in valuation and to have deep pockets. Bringing forward sites for development is expensive. Many acquiring authorities still see CPO regime as draconian and technically complex to follow and to resource. So despite the various ‘tweaks' the Law Commission is proposing in 2025, there still needs to be a comprehensive review of the compulsory purchase and compensation regime. Whilst there has been some piecemeal reform of CPO, including most recently the provisions introduced by the Levelling Up and Regeneration Act 2023, there has been no root and branch reform of compulsory purchase law as the Law Commission had envisaged in 2004 that there should be.

Original Opinion By Martha Grekos on LexisNexis