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Powers to Acquire

An acquiring authority has the legal right using Compulsory Purchase Orders (CPOs) to compulsorily take possession of land/buildings for specific purposes such as:

  • Housing developments
  • Transport schemes
  • Demolishing unfit dwellings
  • Utility schemes e.g. Electric pylons; national grid system; Sewer, water, gas or electricity.

Different schemes use different legal powers to compulsorily acquire and most Councils will use powers contained in either:

  1. The Highways Act 1980
  2. The Town & Country Planning Act 1990 (as amended by The Planning & Compulsory Purchase Act 2004)
  3. The Housing Act 1985

Whatever powers are used the Council must serve Notice of their intentions and offer compensation to all eligible persons directly affected by their action. The protocol for acquisition generally follows the provisions of The Land Acquisition Act 1981. For general information refer to the section on the Compulsory Purchase Order (CPO) Process or to Booklet 1 - Compulsory Purchase Procedure available from the Office of Deputy Prime Minister (ODPM); www.odpm.gov.uk.