Understanding the Levelling Up and Regeneration Act 2023: The Evolution of Compulsory Purchase Powers

The Levelling Up and Regeneration Act 2023 (the "LURA") marks a pivotal shift in the approach to urban regeneration, with compulsory purchase powers playing a critical role. This article examines the recent changes introduced by LURA, focusing on how they refine and potentially reshape the landscape of compulsory purchase in the UK.

Key Changes in Compulsory Purchase Powers:

1. Certificate of Appropriate Alternative Development ("CAAD"): The LURA mandates that claimants seeking development value for land under compulsory purchase must now obtain a CAAD. This certificate confirms the likelihood of obtaining planning permission, moving beyond the mere possibility of such permission. This change aims to streamline claims and reduce exaggerated valuation disputes.
2. Online Publication of Compulsory Purchase Orders ("CPOs"): The Act formalises the practice of publishing CPOs online, a step towards transparency that has been increasingly adopted in recent times.
3. Modification of Inquiry Rights: Objectors to CPOs will now have the right to a hearing instead of an inquiry. This modification removes the possibility of cross-examination but is intended to make the process more accessible and less formal, allowing for broader participation.
4. Extension of CPO Powers Duration: The Act allows acquiring authorities to apply for an extension beyond the standard three-year period to exercise CPO powers. While this could benefit acquiring authorities, it also raises concerns about potential delays and uncertainties for landowners.

Implications and Considerations:

The LURA's adjustments to compulsory purchase powers reflect a nuanced approach, balancing the need for efficient regeneration projects with the rights of landowners. However, these changes bring new dynamics to the process, affecting both acquiring authorities and landowners.

As urban regeneration continues to be a priority in the UK, understanding the implications of LURA's changes to compulsory purchase powers is crucial. Whether you're a local authority, landowner, or involved in urban development, these modifications could have significant impacts on your projects and property rights.