Communities and Local Government
Chris Ruane
To ask the Secretary of State for Communities and Local Government if he will give consideration to reforming the system of compulsory purchase orders to allow local authorities and business improvement districts to buy a medium-term lease on empty shops.
[Official Report, 15 May 2013, Vol. 563, c. 290W.]
Letter of correction from Nick Boles:
An error has been identified in the written answer given to the hon. Member for Vale of Clwyd (Chris Ruane) on 15 May 2013.
The full answer given was as follows:
Nick Boles
Local authorities have a power under section 13 of the Local Government (Miscellaneous Provisions) Act 1976 to acquire new rights over land which do not exist at the time the compulsory purchase order is made. This would include a lease. As with all compulsory purchase orders, the acquiring authority would have to demonstrate that there were no impediments to their scheme going ahead and that it had a compelling case in the public interest to deprive the owner of the land of his property rights.
The correct answer should have been:
Nick Boles
Local authorities have a power under section 13 of the Local Government (Miscellaneous Provisions) Act 1976 to acquire new rights over land which do not exist at the time the compulsory purchase order is made. However, this would not include a lease, which is an interest in land, rather than a right over it. An authority seeking compulsorily to acquire an interest in land would have to demonstrate that there were no impediments to their scheme going ahead and that it had a compelling case in the public interest to deprive the owner of the land of his property rights.