In our previous article, we wrote about the imminent arrival of conditional compulsory purchase orders (CPOs). As the name suggests, a conditional CPO allows for a CPO to be confirmed notwithstanding that some element, key or otherwise, may not yet be in place as it usually would have to be.
An often used example would be a CPO being confirmed subject to planning permission being granted. Planning permission might otherwise be a significant impediment to a CPO being confirmed.
This article explains the updated guidance governing conditional CPOs.
Since we last covered this topic, the Compulsory Purchase of Land (Conditional Confirmation) Regulations 2026 came into force on 11 April 2026. They apply to CPOs confirmed by authorities other than the Welsh Ministers and set out how an acquiring authority can ask for a decision that any conditions imposed at confirmation stage have been met. These are the new steps required to discharge those conditions and proceed to vesting the land.
The process is relatively straightforward, but involves notification of such applications to ‘relevant objectors’, who may make representations. The acquiring authority then has the opportunity to respond to those. In turn, the confirming authority will take all representations into account when making its decision. When it does so, it must notify the acquiring authority and relevant objectors of what it has decided.
CPO guidance was updated on 17 June 2026 to accommodate the arrival of conditional CPOs. The updates include:
Under question 15 on page 15, which discusses impediments, inserting references to the ability to use conditionality in relation to such impediments. For example, see the new underlined wording below:
‘Where planning permission will be required for the scheme, and permission has yet to be granted, the acquiring authority should demonstrate to the confirming authority that there are no obvious reasons why it might be withheld. In these circumstances, the confirming authority has the option to conditionally confirm the compulsory purchase order to allow the acquiring authority more time to obtain the relevant planning permission for its scheme rather than refuse to confirm the order’
The main additions are the following new questions, to which the guidance provides full answers:
Question no. | Question |
49 | Can a compulsory purchase order be confirmed subject to conditions? |
50 | What enabling compulsory purchase powers can the power to conditionally confirm compulsory purchase orders be used with? |
51 | When the confirming authority is considering using the power to conditionally confirm a compulsory purchase order, will the acquiring authority and objectors be given an opportunity to make representations? |
52 | What type of pre-exercise condition(s) may be imposed by the confirming authority when a compulsory purchase order is conditionally confirmed? |
53 | What type of pre-exercise condition(s) should not be imposed? |
54 | What is the effect of the conditional confirmation of a compulsory purchase order? |
55 | How many applications may the acquiring authority make to the confirming authority that pre-exercise condition(s) has/have been met? |
56 | How will the parties to a compulsory purchase order be notified of a decision by the confirming authority to conditionally confirm the order including the associated pre-exercise condition(s)? |
57 | Will objectors be able to comment on an application by the acquiring authority that a pre-exercise condition(s) has been met? |
58 | How long could a pre-exercise condition be imposed for? |
59 | How will relevant objectors be notified of the confirming authority’s decision on whether a pre-exercise condition(s) has/have been met? |
60 | Where a confirming authority decides a pre-exercise condition(s) has/have been met, when can the relevant compulsory purchase power be exercised? |
There are then various additions throughout the ‘Stage 5: Implementing a Compulsory Purchase Order’ section of the guidance, to reflect post confirmation notification requirements and how taking control of the land will operate.
There are some interesting additions to the guidance specific to Homes England compulsory purchase orders. These make reference to situations where there are alternative proposals, and the ability to use conditional confirmation to see if such alternative proposals do come forward before the conditional CPO is taken forward, see question 149, page 94 of the guidance. Similar additions are made to the section on CPOs by Urban Development Corporations.
We suspect that being able to apply conditionality to CPOs will be of real interest to acquiring authorities. We're also aware of a number of CPOs where progressed stalled and then stopped due to uncertainty around matters, often security of funding.
For further information please contact David Richardson, head of our planning and infrastructure consenting team.
