New Clause 88 - Use of compulsory purchase powers for active travel routes

Planning and Infrastructure Bill – in a Public Bill Committee at 2:00 pm on 22 May 2025.

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“(1) The Secretary of State must, within 12 months of the passing of this Act, issue or update guidance on what is to be considered a compelling case in the public interest in relation to the use of compulsory purchase powers.

(2) The guidance must make clear that—

(a) the use of compulsory purchase powers for the purposes of developing or facilitating active travel routes are to be considered in the public interest;

(b) when proposing the use of compulsory purchase powers for the purposes of developing or facilitating active travel routes, local planning authorities are—

(i) required to demonstrate that best efforts have been made to consider alternative route options, but

(ii) are not required to demonstrate that the proposed route is the only or best route.

(3) For the purposes of this section, ‘active travel’ means modes of travel which involve a level of activity on the part of the traveller.”—

This new clause requires the Secretary of State to update guidance on the use of compulsory purchase orders for active travel routes.

Brought up, and read the First time.

Photo of Olly Glover Olly Glover Liberal Democrat, Didcot and Wantage

I beg to move, That the clause be read a Second time.

It is once again a pleasure to serve under your chairship, Mrs Hobhouse, in the final hour of this Bill Committee—[Hon. Members: “Hear, hear!”]—metaphorically speaking, of course. I rise to speak to new clause 88 on behalf of my hon. Friend Freddie van Mierlo. The new clause is intended to update the guidance on the use of compulsory purchase orders for active travel routes. One of the reasons the Liberal Democrats tabled the new clause is because, not unlike many other forms of infrastructure, building active travel routes seems to take a disproportionately long time and involve a huge amount of legal complexity. This is one idea to help make it a little easier.

The new clause calls on the Secretary of State to review existing guidance and remove barriers to using compulsory purchase orders for active travel routes—I have previously pledged not to use that term—by which I mean walking, cycling and wheeling routes. Such orders can be used to acquire land for a project or development that is in the public interest, but local authorities seem currently reluctant to use them, although they regularly do so for road projects.

To give an example, in the constituency of my hon. Friend the Member for Henley and Thame, the Thame to Haddenham greenway is a cycleway that will connect Thame to the village Haddenham, just three miles away, which would also help to improve connectivity between Thame itself and the Haddenham and Thame Parkway station on the Chiltern main line. Currently, reaching one from the other requires a cycle down the very busy A418. It is an important link, as it would provide safer pedestrian and cycle routes for tourism, for visiting friends and family in the area, and for commuting to and from London. I could bore the Committee with many similar examples in my own constituency, but I shall restrain myself on this occasion.

The delay is being caused by a variety of issues, but the biggest in this case is trying to acquire the land. Because of the number of owners, it is often the case that one may refuse, even if many others are willing, making the whole route or project impossible. Using a compulsory purchase order would allow the local authority to bypass such obstacles to build the project, as it would be seen as delivering a public good.

While there are a few cases of CPOs being used successfully for active travel, it is difficult because local authorities are reluctant, and the new clause would improve that situation. I look forward to hearing the Minister’s comments.

Photo of Matthew Pennycook Matthew Pennycook Minister of State (Housing, Communities and Local Government) 2:15, 22 May 2025

I thank the hon. Gentleman for speaking to new clause 88, tabled by the hon. Member for Henley and Thame. The new clause would place a requirement on the Secretary of State to publish guidance within 12 months of the Bill becoming law on what is considered a compelling case in the public interest for the use of compulsory purchase powers, and to clarify that active travel schemes are in the public interest. The Government already publish guidance on the compulsory purchase process, including advice on how local authorities can demonstrate a compelling case in the public interest for the use of their CPO powers in general terms. It also provides more detailed guidance on the most commonly used local authority powers.

The Government are keen to support local authorities to use their CPO powers in the public interest, and we published updated guidance in October last year. We also intend to publish updated guidance to reflect the reforms being implemented through the Bill. In addition, CPO powers can already be used for active travel routes and can be executed by local authorities as part of their wider statutory functions. To assist authorities in deploying the powers more effectively, Active Travel England is developing guidance to support local authorities in the design and delivery of active travel routes. The guidance will be published in consultation with local authorities in due course.

Given that the guidance that the hon. Member for Didcot and Wantage has requested on the CPO process already exists, and further guidance is set to be published by Active Travel England, we believe the new clause is unnecessary, and I am afraid I cannot accept it for those reasons.

Photo of Olly Glover Olly Glover Liberal Democrat, Didcot and Wantage

I thank the Minister for his comments. I was very pleased to hear him reference Active Travel England; as one of the vice-chairs of the all-party parliamentary group for cycling and walking, I have been very impressed by the leadership of Chris Boardman, and it is good to hear the Minister making encouraging noises in that direction. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.