Communities and Local Government

Nick Boles Excerpts

Tuesday 4th June 2013 Ministerial Corrections

[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.