We welcome the Government’s attention on land assembly and the role that CPO reform might play in ensuring that councils and other public bodies are able to purchase land for a price that allows them to build the infrastructure and affordable housing that is so badly needed.

Our cross-sector members appreciate the intention behind the reform, but have several key concerns about how CPOs might operate in practice:

  • Most councils do not use CPOs, or use them only in very limited circumstances (such as a leaseholder who refuses to sell, but whose flat is scheduled for demolition). They are not currently used for routine greenfield site assembly, and Homes England has not used its CPO powers.
  • CPOs are not therefore the main way in which land comes forward for development. Yet the ways that enhanced CPO powers might fit together with existing systems for land assembly (including the use of benchmark land values) do not seem to be well-recognised.
  • The lack of clarity around when a council (or other body) should use a CPO rather than other route to delivery will mean that CPOs continue to result in legal challenges.

Nevertheless, we believe that the proposals in the consultation are largely sensible ones, which close loopholes. To ensure that the potential of CPOs is fully realised, councils need resourcing, support, training and legal expertise to use them. There is strong support for Homes England making more use of its powers, as well as supporting councils with this.

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