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Yes. In England, you can object to a compulsory purchase order (CPO) before it is confirmed. Once confirmed, a person affected may bring a narrowly defined validity challenge in the High Court, usually within six weeks of newspaper publication of the confirmation notice. A dispute about how much compensation is payable follows a different route through the Upper Tribunal (Lands Chamber); that tribunal cannot cancel the CPO.
The right route depends on the order’s location, enabling legislation, your interest in the land, and the dates printed on the notices. The current England procedure should not be assumed to apply in Wales without checking the order and Welsh rules.
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First identify which decision you want to challenge
“Challenging a CPO” can mean three different things. Each has a different decision-maker, deadline and remedy:
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A free scan shows the junk files, broken settings and background clutter dragging Windows down - then fixes them in one click.Free scan · Windows 10 & 11| Stage or dispute | What you are trying to achieve | Where it is dealt with | Critical timing |
|---|---|---|---|
| Objection before confirmation | Persuade the confirming authority not to make the order, or to change it | Confirming authority; public local inquiry or agreed written representations | Deadline in the notice; England guidance requires at least 21 days |
| Validity challenge after confirmation | Show that the confirmed order or confirmation decision is legally invalid | High Court under the Acquisition of Land Act 1981 | Generally six weeks after newspaper publication of the confirmation notice |
| Compensation dispute | Establish the amount payable for land taken or qualifying loss | Upper Tribunal (Lands Chamber) | Set by the tribunal procedure and directions |
| Challenge to a decision not to confirm | Ask the court to review the legality of that decision | Judicial review | As soon as possible and, in any event, within three months |
A compensation reference is not an appeal against the CPO. The Lands Chamber’s T604 guide, updated 13 July 2026, states: “The Lands Chamber has no power to overturn a compulsory purchase order.” A court challenge to the order belongs in the Administrative Court, while valuation disputes belong in the Lands Chamber.
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Objecting before the compulsory purchase order is confirmed
An acquiring authority makes a CPO and submits it for confirmation. The order has no effect until the confirming authority confirms it. The notice of the order should identify the land, explain how to object, give the address for objections and state the closing date. Follow that notice exactly; its individual deadline controls your case.
Who can object?
People commonly entitled to object include owners, lessees, tenants and occupiers of affected land, as well as people who would be served with a notice to treat. A person who may have an injurious affection claim can also have a relevant interest, depending on the order and statutory scheme. A member of the public or another third party may submit an objection, but a third-party objection does not automatically create a right to be heard at an inquiry.
The authority distinguishes between an objection that remains live and one that has been withdrawn or disregarded. An objection solely about the amount of compensation may be disregarded as a remaining objection because compensation is dealt with separately. If you want to oppose the principle, extent or effects of the scheme, explain those matters rather than presenting only a valuation claim.
What to put in the objection
There is no universal wording, but a useful objection normally contains:
- The CPO title or reference and the affected plot number.
- Your legal or practical interest in the land: for example, freeholder, tenant, business occupier or adjoining owner.
- The specific parts of the scheme or order you oppose.
- Reasons linked to matters the confirming authority must consider, such as the justification for the scheme, the land required, alternatives, effects on access or operations, and impacts on your rights.
- A description of the harm to your land, home, business or use, with dates and measurable consequences where possible.
- A list of plans, photographs, reports, correspondence or other documents supporting the points.
- Your requested outcome, such as deletion of a plot, a boundary change, protective provisions or rejection of the order.
Send the objection by the method and address in the notice. Keep the signed copy, attachments, proof of posting or email delivery, and any acknowledgement. If the authority’s form asks for a plot or reference number, include it on every document.
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What happens if your objection remains?
Where objections remain, the confirming authority arranges a public local inquiry. An inspector or other appointed person examines the evidence and hears the acquiring authority and objectors. Written representations can be used instead only when all remaining objectors and the acquiring authority agree. An inquiry or written process is not a compensation hearing; focus your evidence on whether the order should be confirmed and, if so, whether it should be modified.
After considering the case, the confirming authority may confirm the CPO, confirm it with modifications, or reject it. A modification can alter land, rights or wording, and may trigger additional notice or opportunities to comment under the applicable procedure.
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Preparing for an inquiry or written representations
Build a clear evidential record
Organise evidence by issue rather than sending an unindexed bundle. A plan showing the plot, photographs of access or buildings, leases, title information, business records and technical reports can help the inspector understand consequences. Explain what each document proves and identify any point the acquiring authority has misstated.
Separate principle from compensation
Arguments that the scheme is unnecessary, excessive, poorly designed or procedurally defective belong in the objection. The amount payable for the value of land, disturbance or injurious affection is generally a compensation issue. You can reserve compensation rights while making a focused objection, but do not assume that a valuation disagreement will keep the CPO objection alive.
Attend and respond to the authority’s case
Read the acquiring authority’s statement and plans as soon as they are available. Prepare a short list of disputed facts and questions. At an inquiry, answer the inspector’s questions directly and identify any undertaking or modification you seek. For written representations, observe every timetable and page or document limit in the directions.
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Challenging a confirmed CPO in the High Court
Once confirmation has been published, the statutory route is a High Court challenge to validity under the Acquisition of Land Act 1981. The GOV.UK procedure guide says the application must generally be brought within six weeks following newspaper publication of the confirmation notice. The trigger is publication, not the date you happened to read the notice or receive a letter. Have a solicitor verify the exact last day against the notice, the applicable order-making power and the court rules.
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1. The order exceeds statutory power
This is often described as acting ultra vires. The acquiring or confirming authority must stay within the powers conferred by the Act used for the CPO. A challenge may argue that the statutory conditions were not met, the land or rights fall outside the power, or the order is being used for a purpose the legislation does not authorise. The precise test depends on the enabling statute and the order’s wording.
2. Required procedure was not followed
Examples could include a failure to give a required notice, consult where the legislation requires consultation, provide an opportunity to object, or follow the prescribed confirmation process. The court will examine the statutory steps and the evidence of what occurred; a minor administrative complaint is not automatically enough.
3. The confirming authority acted improperly
The guide describes this category as including a decision unsupported by evidence, reliance on irrelevant considerations, or failure to take relevant considerations into account. The court is not rerunning the entire planning or policy merits exercise. It is testing whether the decision was reached lawfully and properly on the material before the authority.
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Possible court outcomes
If the challenge succeeds, the court may quash all or part of the CPO, or quash the confirmation decision and remit the matter to the authority for reconsideration. The effect depends on the judgment and the defect identified. A claim does not automatically stop every step of a project, so ask for urgent interim relief if that is necessary and legally available.
Act immediately
The six-week period is short. The procedure guide warns: “There is therefore, a need to act very quickly if you think there are grounds for challenge and you should take legal advice immediately.” Assemble the confirmation notice, newspaper publication details, the order and map, objection correspondence, inquiry documents and the authority’s decision. A public-law solicitor can identify the correct defendant, grounds, evidence and remedy before the deadline expires.
Judicial review of another decision
The decision not to confirm a CPO is treated differently from a challenge to a confirmed order. The GOV.UK guide says a judicial review claim against a decision not to confirm must be made as soon as possible and, in any event, within three months of the decision challenged. That general period does not extend the specific six-week statutory period for challenging confirmation. Other procedural decisions may also require judicial review, but the correct route and time limit must be checked against the decision and governing statute.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Compensation: a separate route from opposing the order
Confirmation establishes the compulsory acquisition power; it does not settle the amount payable. Compensation can include the value of the interest taken and, where the legal tests are met, disturbance or injurious affection. The valuation date, heads of claim and evidence depend on the order and the statutory compensation code.
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After confirmation, an eligible claimant may seek an advance payment. The amount is 90% of the agreed compensation sum, or 90% of the acquiring authority’s estimate when possession is taken before compensation has been agreed. You must provide enough information for the authority to estimate entitlement. An advance is not a final valuation and does not remove the right to pursue the balance.
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Reference to the Upper Tribunal (Lands Chamber)
When negotiations do not resolve a qualifying compensation or injurious affection dispute, the Upper Tribunal (Lands Chamber) can determine it. The T616 procedure guide describes starting a reference with the appropriate form, supporting documents and a statement of case. The authority is generally given one month to respond, subject to the tribunal’s directions and the circumstances of the reference.
Prepare a valuation schedule, ownership and tenancy documents, plans, comparable evidence, disturbance records and correspondence showing what remains disputed. A chartered surveyor or other qualified land-valuation professional can quantify the claim; a solicitor may be needed for legal issues or tribunal advocacy.
Appealing a Lands Chamber decision
The tribunal’s factual determinations are final, subject to a limited appeal on a point of law and permission. Under the current T604 guide, an application for permission must reach the tribunal within one month after the decision was sent. This is not a second opportunity to reargue the valuation evidence. Obtain advice promptly on whether an arguable legal error exists and on the permission procedure.
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England, Wales and the order-specific rules
The detailed current process guidance discussed above is for England. A separate GOV.UK procedure guide describes its scope as England and Wales, and inquiry arrangements differ between the two jurisdictions. The Lands Chamber compensation guidance covers England and Wales. Check the CPO, the enabling Act, the confirming authority and the jurisdiction named in every notice before relying on a deadline or procedure.
A practical deadline checklist
- Day you receive the notice: record the order reference, affected plot, publication information and objection closing date.
- During the objection period: obtain the order, map and supporting documents; identify whether your case concerns the principle of acquisition, the extent of land or compensation.
- Before the deadline: send a relevant, evidenced objection exactly as directed and retain delivery proof.
- If an inquiry is announced: comply with statements, evidence and attendance directions; seek modifications in precise terms.
- On confirmation: locate the confirmation notice and newspaper publication date immediately. Ask a solicitor to calculate any six-week validity deadline.
- If compensation is unresolved: request an eligible 90% advance with the information needed for an estimate, then negotiate or prepare a Lands Chamber reference.
- After a tribunal decision: check the date it was sent and obtain advice within the one-month permission window if you believe there is a point of law.
When professional advice is essential
Legal advice is particularly important where the six-week High Court period may apply, where the order uses an unfamiliar statutory power, or where possession is imminent. A compulsory-purchase or public-law solicitor can test validity grounds and procedural dates. A chartered surveyor or valuation specialist can separate land value, disturbance and injurious affection, document the evidence and prepare a compensation schedule. These roles address different questions: whether the order is lawful and whether the financial claim is correctly valued.
The Bottom Line
You can challenge a CPO, but the route changes at confirmation. Object by the notice deadline before confirmation; challenge a confirmed order’s legality in the High Court within the short statutory period; and take compensation disputes to the Upper Tribunal (Lands Chamber), which cannot overturn the order. Record every publication and decision date and obtain specialist advice immediately if a deadline may be running.
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