9:52am Tuesday 16th March 2010
By Deborah Johnson
LAW firm Dickinson Dees has published a report on the use of compulsory purchase orders (CPOs) by local authorities over the past seven years, which warns that their lack of use could hinder development and regeneration.
The report, commissioned by The Northern Way, a partnership between the three Northern regional development agencies, reveals a marked decrease in the use of CPOs over the past 12 months.
Unveiling the report, at the Regeneration Momentum conference in Bradford, Dickinson Dees’ planning expert Frank Orr warned that, with the numbers of CPOs submitted at their lowest for several years, there is a risk that they may drop off the agenda as a tool to assist in delivering regeneration in the region.
CPOs are used by local authorities and other bodies to compulsorily acquire land, often to ensure that redevelopment and regeneration initiatives can proceed.
However, according to Newcastle- based Dickinson Dees, the use of CPOs is down by almost 50 per cent compared to 2008 – a stark reflection of the economic downturn.
With the decreasing numbers of CPOs used by local authorities comes the risk of losing the resource and skills base necessary to promote them, warned Mr Orr.
He said: “With public sector spending cutbacks inevitable, local authorities should be reminded that CPOs are an effective tool for regeneration and that, if properly made, their success rates are generally very high.
“Economic recovery will in part depend upon reactivating private sector investment so the use of public sector compulsory purchase powers has a key role to play in this and must not be allowed to fall off the agenda for future regeneration.
“Our practitioners’ review reveals that CPOs are seen as effective but not always timely and there is a need for a change in culture from risk aversion to risk awareness to ensure that the momentum of future regeneration is not lost.”
For local authorities considering acquiring land through compulsory acquisition, to increase the chances of success when submitting an order, the report recommends:
● Ensure clarity of purpose and selection of most appropriate legal powers;
● Establish the policy and evidential base to justify compulsory purchase, in other words “a compelling case in the public interest”;
● Pay close attention to procedural and policy requirements;
● Take into account all relevant considerations, including human rights;
● Carefully consider objections and address issues raised, and any alternative schemes.
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