Compulsory purchase orders and acquiring authorities: guidance on CPO use

2. Human Rights and Compulsory Purchase

2.1. Protocol 1, Article 1 of the European Convention on Human Rights ( ECHR) provides for the right to the peaceful enjoyment of one's possessions. Depriving an individual or business of their rights is a serious step that an Acquiring Authority should consider carefully.

2.2. However, it has been established that compulsory purchase will not breach these Human Rights where it:

• Is authorised by law;
• Is proportionate;
• Can be demonstrated to be in the public interest; and
• Landowners and others with an interest in the land are appropriately compensated.

2.3. Acquiring authorities should therefore be able to explain why they consider that:

a. The purposes for which land is to be acquired are sufficiently important to justify the deprivation of property or interference with possession which the compulsory purchase of land entails;

b. The land in question is needed for the proper delivery of those purposes;

c. A less intrusive measure could not have been used for those purposes; and

d. A fair balance has been struck between the rights of the individuals affected and the interests of the community.