ABSTRACT

This chapter discusses the three principal types of orders that can authorise compulsory acquisition: compulsory purchase orders made, usually, under the Acquisition of Land Act 1981; transport and works made under the Transport and Works Act 1992; and development consent orders, which can contain powers to acquire land, made under the Planning Act 2008. The power of temporary possession may be included in a compulsory purchase order or a development consent order, with other powers of compulsory purchase, or the powers may be in a stand-alone order. The effect of a development consent order will be such that the order will have the same effect as if planning permission had been granted, and a compulsory purchase order had been made and confirmed. Although applied to a local authority's alleged misuse of power, they are equally applicable to a minister's use of power in making his decision on a compulsory purchase order.