East Suffolk Council

East Suffolk Council Compulsory Purchase Order Protocol

Compulsory purchase is the process which allows public bodies (such as the Council) to acquire land compulsorily, if it cannot be acquired through negotiation. It can be a key tool to help assemble land to secure social, economic and or environmental changes (through a regeneration scheme, for example), but it can also be used to acquire individual run-down properties. The Government has made recent changes to legislation to better enable the use of compulsory purchase to achieve public policy aims and is encouraging councils to use these powers more frequently, especially to deliver affordable housing. Further national changes will be made over the coming months and years.

For a compulsory purchase order (CPO) to be granted by an Inspector or the Secretary of State, it must be shown that:

• the project is very strongly in the public interest; and
• that there is a clear plan for what the acquiring body will do with the land/property (for example, a planning permission or allocation in a Local Plan and available funding to deliver the scheme)

The Council must also have the necessary funds to undertake and complete a CPO application process. This can be lengthy and expensive, with specialist financial, technical (surveyors) and legal (lawyers and barrister) advice commonly needed.

The Council has adopted a CPO Protocol, which sets out some of the background to the compulsory purchase system and process. It also details the broad internal process that the Council will follow when contemplating a CPO process, although each potential scheme or project will be unique.

The CPO Protocol will be kept under review in the light of the further national changes and evolving experience.