Question to the Ministry of Housing, Communities and Local Government:

To ask His Majesty's Government, further to the remarks by Lord Hendy of Richmond Hill on 30 October (HL Deb col 1496), what protection will be given under the Planning and Infrastructure Bill to those at risk of compulsory purchase of their property owing to developments such as Nationally Significant Infrastructure Projects like the expansion at Heathrow Airport.

Development Consent Orders (DCO) for Nationally Significant Infrastructure Projects may include powers of compulsory acquisition. However, Government guidance related to the procedures for the compulsory acquisition of land continues to expect acquisition by agreement wherever practicable and supports early engagement with affected parties. DCO promoters proposing to seek powers of compulsory acquisition should be able to demonstrate to the satisfaction of the Secretary of State that all reasonable alternatives to compulsory acquisition (including modifications to the scheme) have been explored. The Secretary of State will only authorise compulsory acquisition in circumstances where it is satisfied that the statutory tests in the Planning Act 2008 are met—including that the land is required for the development, or to facilitate or is incidental to the development, and that there is a compelling case in the public interest for the compulsory acquisition. These matters are rigorously tested during the examination stage of an application.

The Planning and Infrastructure Bill does not alter these statutory tests or the requirement to notify those with an interest in land once an application is accepted. The Bill removes the duty to consult persons who have an interest in the land, or able to make a relevant claim for compensation, but retains acceptance notification and full participation rights for affected persons. Updated guidance associated with the pre-application stage of DCO applications will set out expectations for engagement with affected persons during the pre-application stage.

Landowners, including those affected by proposed compulsory acquisition, are treated as an interested party and are still able to submit a relevant representation to provide their formal comments on the application. This also enables them to participate in the examination, make written submissions, attend hearings, and request compulsory acquisition‑specific hearings.