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Calum Gillhespy

Landowner concerns about Planning and Infrastructure Bill are “premature”

Concerns over the potential impact of the Planning & Infrastructure Bill are premature and largely unnecessary, according to Calum Gillhespy, Head of Planning at GSC Grays, the rural land and property experts.

The Bill is proposed to expand Compulsory Purchase Order (CPO) powers and alter the rules on compensation prompting worries over their potential impact. The government says the Bill is designed to speed up planning decisions to boost housebuilding and the delivery of roads, railway lines and windfarms.

Calum explained: “The Bill has landed with a thud, bringing with it a rising tide of concern from landowners, particularly those with land on the edge of settlements or in strategic locations. While the Bill raises some important questions, I believe the current anxiety is both premature and largely unnecessary.

“Many people are asking very relevant questions such as: How will this affect my land with development potential? Should I be promoting it, or will it end up being effectively compulsorily acquired for little more than agricultural value under the guise of public interest?”

“The Bill does include reforms that broaden the range of bodies able to use compulsory purchase powers and it also introduces the potential to remove “hope value” from some compensation claims and it enables Natural England to compulsorily acquire land to progress Environmental Delivery Plans (EDPs).”

Calum believes that as the potential impact of the Bill is examined, it is important to separate what is theoretically possible from what is “practically likely.”

He added: “To be clear, CPOs are neither the panacea for unlocking development nor an easy route for public bodies to bypass landowners. They are a complex, time consuming and expensive process and the idea that government or local authorities are suddenly going to start steamrolling through the countryside is unrealistic in my view.

“Public bodies can’t just use CPOs on a whim and neither do they have the resources to pursue them where land is coming forward anyway.  If land is actively being promoted for development in a policy compliant fashion, there is no public interest argument for the state to intervene.

“Where I can see CPOs being used is to help deliver larger strategic sites where land assembly is proving problematic. These cases are rare, easily identified and the risk of CPO can be reduced by engaging with the wider development.

“EDPs might be a different matter as Natural England could acquire land to deliver strategically significant environmental projects.  While the preferred route will almost certainly be working with landowners, the financial incentive to do so is not as compelling as it is with other forms of development.

“It is conceivable that a CPO scheme is worked up alongside private negotiations so that there is ultimately a delivery mechanism which Natural England can rely on.  While EDPs should still create new income streams and a chance to generate revenue through long-term environmental stewardship, being compelled to sell your land via a CPO will be a bitter pill to swallow. “

Calum has flagged the risk of inertia and highlights the importance of landowners being proactive, by taking advice to fully understand the risks and the opportunities.

He said: “Promotion doesn’t just unlock value; it also helps protect land from compulsory acquisition as it becomes far harder to justify a CPO where land is coming forward. By actively engaging with the development of new local plans and Local Nature Recovery Strategies, landowners can help shape the policies affecting their land and gain some visibility of what is coming their way.

There is no doubt the Bill promises a major shake-up. However, the bar for using CPO powers remains high. I believe CPOs will continue to be a tool of last resort and for those who engage early, there is still every opportunity to retain control of how their land is used. “

Article by

Calum Gillhespy
MRICS
Director

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