Material detriment - new rights - Compulsory Purchase Association

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Material detriment where powers to acquire  “new rights” is  sought


What is the Problem

This is because the Compulsory Purchase Act 1965 Act predates the Local Government (Miscellaneous Provisions) Act 1976 and the concept of New Rights post the Sovmots case and so there is considered to be some doubt whether the 1965 Act fully applies to New Rights.

Aim

Codify law applying to acquisition of new rights to co-incide with freehold acquisition.

   

What we seek

Amend S8 of the Compulsory Purchase Act 1965 to make it clear material detriment provisions may apply to New Rights.

Notes from discussion

It was agreed the frequent exercise of drafting and amending provisions for material detriment in primary and secondary legislation was unnecessary and the opportunity to tidy up S8 should be taken if it arises.

Next Steps/Actions

Primary legislation needed in next major reform package


 
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