Planning and Infrastructure Act 2025 — Will write letters: Letter from Lord Hendy to Lord Moylan regarding clarifications concerning the Highways Act 1980: compulsory acquisition powers to include taking of temporary possession.

Lord Hendy of Richmond Hill
Minister of State for Rail
G
reat Minster House
33 Horseferry Road
London
SW1P 4DR
Te
l: 0300 330 3000
E-Mail: lord.hendy@dft.gov.uk
We
bsite: www.gov.uk/dft
T
he Lord Moylan
House of Lords
London
SW1A 0PW
1
3 November 2025
D
ear Lord Moylan,
PLANNING AND INFRASTRUCTURE BILL: REPORT STAGE
CLARIFICATIONS
It was an honour to represent the Government during Report stage of the
Planning and Infrastructure Bill in the House of Lords. I continue to be grateful
for the concerns and questions that you raised during the session.
I welcome the opportunity to respond to a technical point raised during the
debate. For the purposes of transparency, I shall also be depositing a copy of
this letter in the House of Lords Library.
Highways Act 1980: Compulsory acquisition powers to include taking of
temporary possession
In the debate, the q uestion was posed regarding how l ong after w orks had
finished could the land be compulsorily possessed.
Temporary possession is a well -established legal concept that provides
certainty and practical powers essential for safe, efficient delivery of
infrastructure works . The term “temporary” is not defined in legislation;
temporary having the meaning of ‘lasting for only a limited period of time; not
permanent’. This provides flexibility to the order -making authority and
landowner when considering the nature of the powers.
Where agreement cannot be reached, it is important that there be safeguards
to prevent excessive land acquisition, or the occupation of land longer than
necessary. To this end the duration of any
powers of temporary
possession

granted would be prescribed in the order made by the Secretary of
State, having been satisfied that the land take is fully justified, proportionate,
and in the public interest.
It is expected that the acquiring authority will self-l imit both the amount
and period during which a piece of land is temporarily pos sessed, in
order to minimise the financial cost. There may be circ umstances
where an acquiring authority will require temporary ac cess to land for a
period longer than initially intended. In suc h circumstances, compensation
provided to the affected parties would be altered according to the changed
circumstances, as per the Land Compensation Act 1961.
I also promised to return to your question on the need for guidance
regarding this clause. Publishing any guidance in relation to this clause
will be at the Secretary of State’s discretion. However, there is already
a suite of well-e stablished guidance covering compulsory purchas e
mechanisms, including temporary acquisition and compensation. As a
consequence, we do not consider it necessary to supplement that familiar
and well understood guidance at this time.
I trust that these responses provide clarity and reassurance on the points
raised.
Yours sincerely,
P
eter, Lord Hendy of Richmond Hill
MI
NISTER OF STATE FOR RAIL