Compulsory purchase code of practice could protect farmers amid new housing development plans

Lord Cameron of Dillington is leading an amendment in the House of Lords next week, backed by the Country Land and Business Association (CLA), calling for an enforceable code of practice for compulsory purchase and related powers. 

The government has plans to build 1.5million homes this Parliament, and its Planning and Infrastructure Bill is currently working its way through the report stage in the House of Lords. 

There is a longstanding problem of relations between landowners and acquiring authorities or their agents in compulsory purchase matters. This leads to increased cost from delays and avoidable legal action, as well as substantial stress on both sides. 

To some property owners and tenants, compulsory purchase is complex and intimidating. Most do not know what will happen, what is expected of them and how compensation will be calculated, CLA explained. 

Although uncommon, negligent or even deliberately malicious practice exists as well, with examples of agents or their contractors failing to engage, damaging property and accessing land without permission.  

To rectify this problem, the CLA is supporting an amendment to the Bill which would ensure the creation of a clear, plain English document laying out exactly how all parties should behave in cases of compulsory purchase. 

‘Government has ambitious plans to build, and farmers can help it deliver’

CLA president Victoria Vyvyan said: “In some cases, landowners dealing with acquiring authorities and their agents face late payments, bad faith negotiation and unauthorised access. 

“The government has ambitious plans to build, and farmers and landowners can help it deliver, but they must be treated fairly and with respect. 

“Introducing a code of practice would help parties work together more effectively, cutting costs and delays and ultimately helping to unlock economic growth.”

The CLA believes the code should be created by representative bodies of acquirers, professionals and the infrastructure sector, working together. 

There should, furthermore, be an Ombudsman service to enforce compliance with the code so that issues may be addressed early on and at minimal cost for both sides, without projects being held up by a full legal challenge. 

Lord Cameron of Dillington said: “The current system for compulsory purchase has led to horror stories where landowners and farmers have seen no engagement from acquiring authorities, and householders losing their homes before they have been paid. It creates a system where neither owners or acquiring authorities want to engage with each other, to the detriment of growth and rural businesses. 

“This amendment is common sense; it will ensure more collaboration and provides assurances that the current system is lacking. I urge the government to support it at report stage.” 

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