Forget bout acquiring in bits (like North Essex Gaden Communities)this ll only be viable however with LVC. Back to much the way it was done in the 60s, serve the CPO order then negotiate.
In what circumstances can new town development corporations use their
compulsory purchase powers?
It is for new town development corporations to decide how best to use their land acquisition powers, having regard to this guidance. The compulsory purchase powers
available to a new town development corporation in section 10 of the 1981 act are expressed in broad terms, and are intended to assist with land assembly that is necessary to carry out its statutory objects of securing the laying out and development of a new town.
The Secretary of State will expect new town development corporations to demonstrate that they have taken reasonable steps to acquire the land included in a compulsory purchase
order by agreement. Depending on when the land is required, it may sometimes be necessary for new town development corporations to initiate the compulsory purchase process in parallel with negotiations to acquire the land by agreement.
New town development corporation ownership of land early in the development process may assist with the proper planning for, infrastructure provision in and sustainable development of, a new town – in pursuit of its statutory objects under sections 4(1), (1A)
and (1B) of the 1981 act. New town development corporation ownership of land may also help to stimulate confidence that the new town will proceed, help to secure infrastructure investment, and thereby promote development.
6. Can new town development corporations acquire land even if they have no specific development proposals in place?
Section 10(1) of the 1981 act enables new town development corporations to acquire land
(compulsorily or by agreement) within the area of the new town whether or not it is
proposed to be developed. The Secretary of State recognises that to achieve its statutory
objects, it may sometimes be justified for a new town development corporation to acquire
land for which it has no specific development proposals in place.
7. What level of detail do new town development corporations need to provide when seeking an order?
Given their scale, new towns are likely to be developed over an extended period of time,during which market conditions may change. In this context, the Secretary of State
recognises that it will not always be possible or desirable for new town development
corporations to have fully worked up, and secured approval for, detailed development
proposals prior to proceeding with a compulsory purchase order.
Where a new town development corporation does not have detailed proposals for the
order lands, it will still be expected to demonstrate a compelling case for acquisition in the
context of the planning framework that will guide development of the new town. The new
town development corporation needs to be able to show that using compulsory purchase
powers is necessary in the public interest and that the acquisition will support investment
in and development of the new town.
The Secretary of State will expect the statement of reasons accompanying the submission
of the compulsory purchase order to include a summary of the planning framework for the development of the new town and the justification for the timing of the acquisition, and that
the new town development corporation will be in a position to present evidence at inquiry to support its case for compulsory acquisition.
While confirmation of a compulsory purchase order is a separate and distinct process from
that of designating a new town, the Secretary of State acknowledges that evidence used to
support the case for designation in the national interest may also be relevant to justifying
the use of compulsory purchase powers in the public interest under section 10 of the 1981
8. What factors will the Secretary of State take into account in deciding whether to confirm a compulsory purchase order under section 10 of the 1981 act?
Any decision about whether or not to confirm a compulsory purchase order will be made
on its individual merits, but the factors which the Secretary of State can be expected to consider include:
• the statutory objects of the new town development corporation
• whether the purpose(s) for which the order lands are being acquired by the new town
development corporation fits in with the planning framework for the new town area
• whether the new town development corporation has satisfactorily demonstrated that
the order lands are needed to support the overall development of the new town
• the appropriateness of alternative proposals (if any) put forward by the owners of the land or other persons
• the quality and timescale of both the new town development corporation’s proposals
and any alternative proposals
9. What does the Secretary of State have to consider where there are other proposals for the use of land contained within a compulsory purchase order?
Where owners or other parties have their own proposals for the use or development of land contained within a compulsory purchase order, factors that the Secretary of State can be expected to consider include:
• whether these alternative proposals are likely to be implemented, taking into account
the planning position
• how the alternative proposals may conflict with those of the new town development
• how the alternative proposals may conflict with the new town development
corporation’s statutory objects, and/or the purposes for which it was established.