Agriculture: Compulsory Purchase
The question
To ask the Secretary of State for Housing, Communities and Local Government, whether her Department is taking steps to support farmers affected by compulsory purchase orders for nationally significant infrastructure projects to find alternative land nearby.
Answered by Matthew Pennycook
Development Consent Orders can include provisions which allow the applicant to compulsorily acquire land, with applicants required to follow the process and procedures set out in the Planning Act 2008 and associated regulations.
Government guidance for applicants seeking authorisation for the compulsory acquisition of land reinforces that applicants should demonstrate that all reasonable alternatives have been explored. Applicants need to demonstrate that proposed interference with the rights of those with an interest in the land is for a legitimate purpose, and that it is necessary and proportionate.
The Secretary of State must be persuaded that the purposes for which an order authorises the compulsory acquisition of land are legitimate and are sufficient to justify interfering with the human rights of those with an interest in the land affected. These matters are considered by the Examining Authority during its examination and inform its recommendation to the Secretary of State.
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