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DRAFT REPLACEMENT CIRCULAR ON COMPULSORY PURCHASE ISSUES

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Following Royal Assent for the ...
Following Royal Assent for the Planning and Compulsory Purchase Act2004, the ODPM this week started consultation on a draft Circular and two sets of regulations (with related Regulatory Impact Assessments) relating to compulsory purchase.

Copies of the drafts have been sent to a wide range of interested

bodies including local authorities, the local government associations,

professional bodies representing lawyers, surveyors and planners,

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

Plan.

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.

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