Charlotte Coulson
Charlotte advises on the delivery of infrastructure and regeneration projects, specialising in compulsory acquisition. Charlotte has advised clients on compulsory purchase orders, development consent orders, section 106 agreements and section 278 agreements. Charlotte has advised both private and public sector clients.
Charlotte's experience of advising on major infrastructure projects includes advising promoters on compulsory acquisition to deliver energy schemes such as offshore wind farms both in the development consent order and compulsory purchase order arenas. Charlotte has also advised numerous objectors in relation to Transport and Works Act Orders and compulsory purchase orders.
Charlotte is currently advising on a number of compulsory purchase orders to deliver regeneration benefits.
Charlotte is a member of the Compulsory Purchase Association.
Practice Area
Panel
- Contributing Author
Education
- 2001-2004 University of Bristol, LLB
- 2004-2005 Nottingham Law School, Diploma in Legal Practice
3 Contributions by Charlotte Coulson
PRACTICE NOTES
Compulsory Acquisition for NSIPs under the Planning Act 2008: Crown and Open Space Land, Statutory Undertakers, Associated Development and Additional Land Procedures
The Planning Act 2008 (PA 2008) brought in development consent orders (DCOs) for nationally significant infrastructure projects (NSIPs). This framework allows compulsory acquisition powers to be included within a DCO, removing the need to obtain separate compulsory purchase order powers for such NSIPs. This applies to development in England; in Wales, where compulsory acquisition is required for associated development, a distinct compulsory purchase order still has to be promoted. This Practice Note addresses the focus required on the nature of land interests proposed to fall within compulsory acquisition powers, and identifies classes of land that demand special treatment from a compulsory acquisition standpoint. It also examines the meaning of ‘associated development’ and the procedure where further land, not in the original DCO application, is later identified as required for compulsory acquisition...
Crown land
As with conventional compulsory purchase processes, the position under PA 2008 remains that Crown interests cannot be taken compulsorily and should therefore be expressly excluded from compulsory acquisition in the Book of Reference. See Practice Note: Compulsory acquisition for NSIPs—application, draft DCO and supporting documentation...
Planning
PRACTICE NOTES
Compulsory acquisition for NSIPs: drafting DCO powers, Statement of Reasons, funding statement, Book of Reference and land plans, and acceptance-stage notifications and hearings under the Planning Act 2008
The Planning Act 2008 (PA 2008) brought in development consent orders (DCOs) for nationally significant infrastructure projects (NSIPs). Under this framework, compulsory acquisition powers can be authorised within the DCO itself, removing the need to obtain separate compulsory purchase order powers for such NSIPs. This position applies to schemes in England. For projects in Wales, where compulsory acquisition is needed for associated development, a distinct compulsory purchase order must still be pursued. For further background, see: Compulsory acquisition for NSIPs—introduction and principles.
This Practice Note proceeds on the basis that the inclusion of compulsory acquisition powers in the draft DCO has already been decided, and examines the draft compulsory acquisition provisions and accompanying material for the DCO application, together with the procedure following acceptance of the DCO application by the Examining Authority (ExA) under PA 2008. See also Practice Notes:
Compulsory acquisition for NSIPs—introduction and principles
Compulsory acquisition for NSIPs—examination, making the DCO, costs, implementation and material change applications
Compulsory Acquisition for NSIPs—special categories of land, associated development and additional land
Draft DCO Provisions
Provisions conferring powers of compulsory acquisition must be prepared and inserted into the draft DCO submitted with the application...
Planning
PRACTICE NOTES
NSIP compulsory acquisition under DCOs (England and Wales): examination and hearings, funding adequacy, making and notice requirements, costs (CARs), implementation methods, and material change applications
The Planning Act 2008 (PA 2008) brought in development consent orders (DCOs) for nationally significant infrastructure projects (NSIPs). Under this regime, compulsory acquisition powers can be authorised within a DCO, removing the need to obtain standalone compulsory purchase order powers for such NSIPs (this position applies to development in England. For schemes in Wales, where compulsory acquisition is needed for associated development, a separate compulsory purchase order must still be promoted). This Practice Note reviews the examination of compulsory acquisition provisions by the Examining Authority for the DCO (ExA), the steps after the Secretary of State decides to make a DCO including compulsory acquisition powers, awards of costs, the implementation of compulsory acquisition powers, and material change applications. See also Practice Notes:
Compulsory acquisition for NSIPs—introduction and principles
Compulsory acquisition for NSIPs—application, draft DCO and supporting documentation
Compulsory Acquisition for NSIPs—special categories of land, associated development and additional land
Process of examination and hearings
In essence, scrutiny of the compulsory acquisition provisions proceeds by way of written questions from the ExA and replies from the applicant and any parties who have made representations. Those whose land is to be affected by the proposals set out within draft DCO documentation the...
Planning
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