My Lords, Amendment 246, tabled by the noble Lord, Lord Carrington, would place a requirement on the Government to
publish by regulations a new duty of care for all acquiring authorities undertaking compulsory purchase. The proposed duty of care would involve obligations on acquiring authorities to acquire only land necessary for their schemes and to mitigate the impacts of their schemes, as well as to pay compensation to landowners at the date of entry or date of vesting and ensure that all communication with claimants is conducted in accordance with government guidance. I reassure noble Lords that the Government understand the concerns behind this amendment. However, the Government consider the proposed duty of care to be unnecessary for the following reasons.
First, whatever the underlying scheme, a guiding principle of compulsory purchase is that acquiring authorities should include within the boundary of a CPO only land which is required to facilitate the scheme. It is for acquiring authorities to demonstrate that there is justification and a compelling case to support the inclusion of land within a CPO boundary. Where they cannot, a CPO is likely to fail.
Secondly, another principle is that the use of a CPO is lawful only providing that acquiring authorities compensate landowners for the loss of their interests, whether the land is acquired following notice to treat or is vested in the acquiring authority. Where an acquiring authority takes possession of land before compensation has been agreed, it is obliged to make an advance payment of compensation to the landowner if requested.
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Thirdly, government guidance outlines that a benefit of acquiring authorities undertaking early negotiations with landowners is identifying what measures can be taken to mitigate the impacts of their scheme. Where this is not done, the CPO is again at risk of failing. It also requires that when making and confirming a CPO, both acquiring and authorising authorities should be sure that the purposes for which the CPO is made justify interfering with the human rights of those with an interest in the land affected.
Fourthly, while government guidance on compulsory purchase is not statutory, the Government will update their compulsory purchase guidance to promote the benefits of early, effective engagement and communication in the CPO process for ensuring fairness between the different parties to a CPO. The Government’s intention is to publish updated guidance on compulsory purchase alongside the coming into force of the relevant compulsory purchase reforms in the Bill, and they are committed to promoting best practice on communicating with landlords and reflecting this in published guidance.
This amendment would add duplication and complexity to the CPO process, which is contrary to the Government’s objectives. I trust I have given the House reassurance that Amendment 246 is unnecessary and that the noble Lord, Lord Carrington, is able to withdraw it.