Copies of the drafts have been sent to a wide range of interested
bodies including local authorities, the local government associations,
business organisations and various voluntary and pressure groups.
Comments are, however, welcome from any interested person or body by 10
August 2004. The text will also shortly be made publicly available on
the ODPM website.
The revised Circular will update the existing policy and procedural
guidance for acquiring authorities on preparing compulsory purchase
orders. The draft reflects the changes to the planning compulsory
purchase power, CPO procedures in the Acquisition of Land Act 1981, and
the compensation arrangements which will come into force once Part 8 is
commenced in the autumn.
The most significant changes to the Circular are the incorporation of a
Memorandum describing the legislative changes, a new appendix covering
Urban Development Corporation compulsory purchase orders, and a
substantially revised appendix on planning CPO powers. This is necessary
both to reflect the revision to this power in the Act and to emphasise
the importance of land assembly to achieving the Sustainable Communities
The draft Prescribed Forms Regulations update the proformas which
acquiring authorities are required to use as the basis for drafting
compulsory purchase orders and certain related notices. This is
necessary to take into account the provision the Act makes makes to
widen the category of interests in land which give their owners the
right to appear at a public local inquiry into the order, and the new
site notice requirements . The opportunity is also being taken to
simplify some of the drafting of the proformas to make them more user
friendly and to eliminate the more common errors acquiring authorities
make when using them.
The draft Written Representations Procedure Regulations prescribe a
system whereby objections to a compulsory purchase order can be
considered by an Inspector in writing where all the remaining objectors
agree. This is a low key alternative to a local public inquiry which is
intended to speed up the confirmation process.
The draft Regulatory Impact Assessments on each set of regulations
conclude that there are no costs to business likely to arise from either
of the SIs.