Recent compulsory purchase consultation

The Housing and Planning Act 2016 introduced a number of small changes to compulsory purchase procedures, which have little impact in relation to the compulsory acquisition of empty homes. There were, however, two provisions which are of greater note. One allows the Secretary of State to delegate to an inspector the decision whether or not to confirm a contested CPO. The other provides for the Secretary of State to specify time limits for making decisions on contested CPOs. On 11 January 2017 the Secretary of State consulted on these two provisions. The suggested criteria for delegating decision-making is as follows: Criteria for delegation Decisions will generally be delegated to an inspector where

• There is no conflict with national policies on important matters.
• The CPO does not raise novel issues.
• The CPO does not give rise to significant controversy.
• The impacts are only local.

Assuming these criteria are eventually adopted it seems likely that nearly all contested empty property CPOs will be determined by an inspector. Timescales In terms of the timetable for making decisions on contested CPOs the proposal is as follows: Written representations cases

• Decision in 80% of cases to be issued within 4 weeks of site visit
• Decision in remaining cases to be issued within 8 weeks of site visit

Public inquiry cases

• Decision in 80% of cases to be issued within 8 weeks of close of inquiry
• Decision in remaining cases to be issued within 12 weeks of close of inquiry

In addition it is proposed that the parties are notified within 10 days of the close of the inquiry of the date by which the decision will be issued. Again, assuming these time limits are adopted, decision making will be speeded up. Chris Skinner, nplaw