Concern over reforms allowing compulsory purchase of farmland

The Planning and Infrastructure Bill, introduced to Parliament this week, will see significant measures introduced to speed up planning decisions. Measures are ostensibly to boost housebuilding and remove what the government calls unnecessary blockers and challenges to the delivery of vital developments like roads, railway lines and windfarms.

However, farmers and land managers have registered concern about new provisions for compulsory purchase of farmland and other green spaces.

Compulsory purchase reform
The government says that the intention is for compulsory purchase orders to be used on “land needed to drive forward housing or major developments”.

It says, “The compulsory purchase process – which allows land to be acquired for projects that are in the public interest – will be improved to ensure important developments delivering public benefits can progress.”

Importantly, it says, “The reforms will ensure compensation paid to landowners is not excessive and the process of using directions to remove ‘hope value’ – the value attributed to the prospect of planning permission being granted for alternative development – where justified in the public interest is sped-up.”

Hope value
Particular concern has been raised that prices paid by Natural England and Local Government for compulsory purchases will be at low agricultural value rather than at hope value.

There is a danger that following a purchase, the public or government body could then choose to sell land to a housing or renewables company at full development value. The bill also gives Natural England compulsory purchase rights to acquire land for nature.

With Local Authorities facing enormous financial pressure there it is possible that decisions about compulsory purchases of farm land will be linked to financial gain, rather than simply to national infrastructural need.

Building boom
Deputy Prime Minister and Secretary of State for Housing, Angela Rayner said, “The Planning and Infrastructure Bill will unleash seismic reforms to help builders get shovels in the ground quicker to build more homes, and the vital infrastructure we need to improve transport links and make Britain a clean energy superpower to protect billpayers.

“It will help us to deliver the 1.5 million homes we have committed to so we can tackle the housing crisis we have inherited head on – not only for people desperate to buy a home, but for the families and young children stuck in temporary accommodation and in need of a safe, secure roof over their heads.”

Key aspects of the bill
Nature restoration funding – Developers will be required to contribute to a national Nature Restoration Fund. These contributions will finance projects that compensate for environmental damages caused by construction activities, enabling developments to proceed with reduced ecological objections.

Compulsory purchase powers – To implement these restoration projects, Natural England will be able to compulsorily purchase land from farmers and other landowners. This approach is to address delays and costs associated with mitigating environmental harm on development sites.

Streamlined planning process – The bill seeks to accelerate housing and infrastructure projects by centralising decision-making. It reduces local councillors’ ability to block non-major developments, thereby expediting approvals.

Local Authority land acquisition – Local Authorities are empowered to acquire land for development at reduced costs by disregarding the hope value, which often increases land prices based on potential future development prospects.

Compulsory purchases
Specifically, the bill says that, “Natural England may acquire land compulsorily if the Secretary of State authorises it to do so.

“The power may be exercised in relation to land only if Natural England requires the land for purposes connected with the taking of a conservation measure.”

Land may include farm land or other green space, as well as common land or even allotments.

Other measures in the bill
Planning committees – Housebuilding will be backed by streamlining planning decisions through the introduction of a national scheme of delegation that will set out which types of applications should be determined by officers and which should go to committee, have controls over the size of planning committees and mandatory training for planning committee members.

Nature Restoration Fund – A Nature Restoration Fund will be established to ensure there is a win-win for both the economy and nature by ensuring builders can meet their environmental obligations faster and at a greater scale by pooling contributions to fund larger environmental interventions.

Development corporations – These will be strengthened to make it easier to deliver large-scale development – like the government’s new towns – and build 1.5 million homes alongside the required infrastructure.

Strategic planning – The Bill will introduce a system of ‘strategic planning’ across England known as spatial development strategies, which will help to boost growth by looking across multiple local planning authorities for the most sustainable areas to build and ensuring there is a clear join-up between development needs and infrastructure requirements.

National Significant Infrastructure Projects (NSIP) – The Bill will ensure a faster NSIP regime that delivers infrastructure projects faster. It will make sure the consultation requirements for projects – such as windfarms, roads or railway lines – are streamlined, and ensure the national policies against which infrastructure applications are assessed are updated at least every five years so the government’s priorities are clear.

Clean energy – Further changes will make sure approved clean energy projects that help achieve clean power by 2030, including wind and solar power, are prioritised for grid connections.

Bill discounts – People living within 500m of new pylons across Great Britain will get money off their electricity bills up to £2,500 over 10 years, under these plans.

Read our explainer, Explainer: Natural England, Nature Restoration Fund and compulsory purchase

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