Reconnections’ Miscellany: Transport Laws – July 2021
The Crichel Down Rules apply where land is acquired by, or under threat of, compulsory purchase, but subsequently transpires to be surplus to the acquiring authority’s requirements. Prior to making a disposal of the surplus land, the acquiring authority must offer it back to its former owners, their successors, or sitting tenants, at current market value, provided that the character of the land has not materially changed.
The Crichel Down Rules are non-statutory arrangements. However, compliance is mandatory for government departments and recommended for local authorities and other statutory bodies. The courts have further emphasised the importance of adherence to the Rules, finding that former landowners have a legitimate expectation that they will apply. This came up in the Court of Appeal case Charlesworth v Crossrail Ltd [2019].
The Crichel Down rules prevent the state purchasing land and property ostensibly for one purpose, then “changing it’s mind” and using it for something else. For example, buying up a load of fields to turn into a forest, then flogging it off to it’s mates who are property developers.
