Full Description
Compulsory Purchase and Compensation remains the essential guide to this complex and increasingly relevant area of the law. Now in its 12th edition, no other book presents the same level of information on the law relating to compulsory purchase and compensation in England and Wales in such an accessible way.
The book is also especially suited to those coming to this complex subject without a specific background in the law and is ideal reading for those students taking planning and built environment modules. Surveyors in particular will find this book invaluable.
Whilst this new edition picks up the very many decisions of the Upper Tribunal and the higher courts since the 11th edition, the principal piece of new legislation is the Levelling-up and Regeneration Act 2023. One of the controversial provisions in the 2023 Act is the power to include in a compulsory purchase order a direction, the effect of which is that in relation to certain limited purposes, compensation shall be assessed on the basis that no planning permission would be granted for development on the relevant land; in effect, no hope value and only existing use values would be paid.
Contents
Table of cases
Table of statutes
Preface
PART I THE POWER TO COMPULSORILY PURCHASE LAND
1. Introduction
2. The need for statutory powers
3. The sources of compulsory purchase powers
4. Compulsory purchase, works and development consent orders
5. Purchase and blight notices
6. Purchase and disposal by agreement
PART II EXERCISING THE POWERS OF COMPULSORY PURCHASE
7. Exercising powers of a compulsory purchase
8. The land: What is acquired
9. Taking possession and conveyance
10. The Tribunals Service
PART III COMPENSATION FOR THE COMPULSORY PURCHASE OF LAND
11. Introduction to the assessment of compensation for land acquired
12. Compensation for land acquired: Market value
13. Statutory planning assumptions
14. The effect of the scheme
15. Depreciation or enhancement of retained land: Compensation or set-off
16. Compensation for land acquired: Special cases
17. Compensation for disturbance and other matters
18. Additional payments
19. Compensation for leasehold interests and tenancies
20. Compensation for the acquisition of agricultural land
21. Special compensation procedures
22. Compensation and tax
PART IV WORSENMENT, MITIGATION AND OTHER COMPENSATION MATTERS
23. Compensation for activities
24. Mitigation of injurious effect of public works
25. Compensation for decisions
26. Statutory utilities: Compensation for wayleaves and damages
27. Human rights
