Overview

The Supreme Court has issued a significant decision in relation to the use of compulsory purchase powers by local authorities, which will be particularly relevant to acquiring authorities faced with determining whether any off-site benefits support the case for making a CPO.

It reinforces the need for a CPO to be justified on the basis of the benefits flowing from
the development of the site itself. Whilst local authorities may consider wider benefits
that may flow from the CPO, such as benefits relating to a separate site, this does not
override the need for authorities to be satisfied that the well-being test is met by the
proposals for the CPO site. Local authorities should only take into account off-site
benefits where there is a real connection between those benefits and the CPO
development. In light of the Supreme Court decision the need to demonstrate a 'real'
connection will be a difficult test to satisfy.


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