In the second instalment of our Compulsory Purchase Order (CPO) reform series, we turn to some of the remaining reforms that acquiring authorities should have on their radar: content of newspaper notices (S106), expedited procedure for General Vesting Declarations (S108), new powers to appoint an Inspector (S114), and - perhaps most significantly of all - S112, which is not yet in force.

In part 1, we examined three of the reforms of most immediate practical relevance: electronic service of notices (S105), self-confirmation with modifications (S107), and advancement of vesting by agreement (S109). 

To reset the scene, Part 5 of the Planning and Infrastructure Act 2025 (the 'Act') made a number of amendments to compulsory purchase law. Each of which will have an impact on how compulsory purchase practitioners progress a CPO and are changes to be mindful of in practice. 

Section 106 (S106): Required content of newspaper notices 

Historically, acquiring authorities were required to publish the notification of the proposed CPO in the local newspapers which required that the acquiring authority ‘describe the land’. For smaller CPO’s (e.g. empty homes) this may not be particularly onerous, however, for large scale schemes (e.g. estate regeneration projects) this could significantly impact the size of the newspaper notice required and plainly put the larger the notice, the more expensive to publish.

S106 reduces this requirement so that the description in the newspaper may be met by ‘briefly identifying the land’. In practice, this can include giving its postal address and so this can be simplified significantly. Whilst some may have already been doing this in practice, this CPO reform provides the justification for reducing the text and description required in the newspaper notice. 

This represents a meaningful practical improvement. Historically, the requirement to set out a full description of the land in newspaper notices has been a source of complexity, cost, and procedural risk. A description that is incomplete or ambiguous can give rise to challenges. The ability to substitute a postal address (or an equivalent brief identifier) in its place simplifies the drafting exercise considerably and reduces the risk of procedural error.

Acquiring authorities should note that this does not dispense with the requirement to publish a newspaper notice; it simply relaxes what that notice needs to say about the land. The obligation to ensure that the notice accurately and sufficiently identifies the land in question remains, even if met in a more concise form.

In order to benefit from this change, acquiring authorities should:

• Review and update their newspaper notice templates (if held) to take advantage of the simplified land identification requirement;
• Ensure that the postal address or other brief identifier used is accurate and clearly referable to the land being acquired, so as to avoid any residual risk of challenge; and
• Be mindful that, for CPOs involving land in Wales confirmed by Welsh Ministers, separate commencement arrangements will apply and should be monitored.

Section 108 (S108): General Vesting Declarations (GVD) – Expedited procedure

This provision will be of particular interest to those progressing, or considering progressing, a CPO which includes land that is either unoccupied, unfit for ordinary use, or where no person with an identifiable interest can be found. 

The time period for the vesting under a GVD is usually three months (unless where a shorter period can be agreed by consent). In this instance, the GVD vesting period can reduce significantly to only 6 weeks. 

Under the mechanism introduced by S108, the expedited procedure is available in two distinct situations:

• First, where the specified land is unoccupied AND the acquiring authority considers that, by reason of disrepair, neglect, contamination, or risk to health or safety, the land is unfit for its ordinary use, subject to certain caveats.
• Second, where the acquiring authority has been unable to identify any person with an interest in the specified land.

However, beware that where the land includes dwellings, the acquiring authority may only decide that it is unfit for its ordinary use if it considers that the dwelling (or each dwelling) is unfit for human habitation within the meaning of section 10 of the Landlord and Tenant Act 1985. This is an important threshold, requiring more than just general disrepair or vacancy, and acquiring authorities should take appropriate professional advice before relying on it.

Where an expedited procedure GVD is executed, the notice served under the Compulsory Purchase (Vesting Declarations) Act 1981 must state: that the authority considers the expedited procedure to be available; the vesting date; that any person who disagrees may make representations; and that the authority will amend the GVD if it no longer considers the expedited procedure to be available prior to vesting.

This a slightly more complex provision given that the Act introduces a built-in challenge mechanism:

• A person may, within four weeks of the GVD being executed, make representations to the acquiring authority that the expedited procedure is not available. 
• The acquiring authority must provide a written response within seven days. 
• If, at any time before the vesting date, the authority becomes aware that the expedited procedure is not in fact available (whether as a result of representations or otherwise) it must amend the GVD so that the period reverts to the standard three-month minimum.

Acquiring authorities should note that the expedited procedure does not remove the need for careful due diligence. Before relying on the six-week period, authorities should:

• Carry out a careful assessment of whether the statutory criteria are genuinely met, obtaining appropriate surveying and legal advice;
• Ensure that any determination that the land is "unfit for its ordinary use" is properly documented and, where dwellings are concerned, benchmarked against the "unfit for human habitation" standard under the Landlord and Tenant Act 1985;
• Establish a clear process for handling representations made under the new challenge mechanism within the tight seven-day response window; and
• Build appropriate contingency into programme planning, given the risk that the GVD period may need to revert to three months if the expedited criteria are later found not to be satisfied.

Section 112 (S112): Temporary possession – the one still to watch

S112 is arguably the most anticipated provision in Part 5 especially given it is the only CPO provision in Part 5 that is not yet in force.

This provision introduces a general statutory power for temporary possession of land connected to compulsory purchase. The commencement of S112 is linked directly to the commencement of section 18 of the Neighbourhood Planning Act 2017. No timetable has yet been confirmed, resulting in ongoing uncertainty and additional cost for schemes.

The practical significance of this provision, once commenced, would be considerable. Currently, acquiring authorities that need access to land for construction purposes (e.g. to undertake enabling works, archaeological investigations, or temporary storage) have no general statutory route for doing so compulsorily in connection with a standard CPO (unlike promoters of DCOs). Parties are instead reliant on negotiating access agreements, which can be costly, time-consuming and, where parties are unwilling to engage, practically impossible to achieve.

What can acquiring authorities do in the meantime?

• Continue to seek negotiated temporary access agreements where construction-related access is required, and factor the cost and programme risk of doing so into scheme viability and planning.
• Monitor MHCLG announcements carefully for any indication of a commencement timetable for S112/S18 NPA 2017, including any consultation on reinstatement regulations and guidance.
• Begin considering (at a high level) how temporary possession powers might be deployed once in force, so that schemes are structured in a way that takes advantage of the power from the outset.
• Be aware that, when the powers do come into force, they will be accompanied by obligations to serve Temporary Possession Notices, comply with statutory safeguards, pay compensation, and meet reinstatement obligations once any temporary use has ended.

Looking ahead

The final changes captured by Part 5 of the Planning and Infrastructure Act 2025 relate to compensation provisions. We will be publishing an article on the basic compensation principles in CPO in due course, so keep an eye out for this in the upcoming weeks. 

Browne Jacobson's planning team works closely with a number of acquiring authorities in respect of making and progressing CPOs through to confirmation. If you would like to get in touch to discuss the recent CPO reforms, including how to best utilise the new powers available to you, please do contact either Laura Morland or Sophie Hoffman to discuss further.