Commentary on Sections Promoting growth and facilitating provisions of infrastructure, and related matters Section 3: Compulsory purchase inquires: costs
33.This section broadens the powers of the Secretary of State to award costs between the parties at compulsory purchase order inquiries. These inquiries are generally conducted on behalf of the Secretary of State by Inspectors in the Planning Inspectorate. The section adds a new subsection (4) to section 5 of the Acquisition of Land Act 1981. Section 5 applies section 250(5) of the Local Government Act 1972 (“the 1972 Act”) to inquiries set up by Ministers to hear objections to the compulsory purchase of land by public authorities. Section 250(5) allows costs to be awarded between the parties at the inquiry.
34.At present, the terms of section 250(5) suggest that successful objectors to a compulsory purchase order must appear “at the inquiry” in order to be awarded their costs. New subsection (4) of section 5 of the 1981 Act provides that where an inquiry is held as referred to in section 5(3)(a) and (b), section 250(5) of the 1972 Act also applies to allow the Secretary of State to award costs where an inquiry is cancelled, or where a party does not appear at an inquiry. These situations may occur when an acquiring authority does not wish to proceed with the compulsory purchase order, or an objector has reached an agreement with the acquiring authority to exclude their land from the order.