Services : Compulsory Purchase & Compensation
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For specialist advice on CPO valuations, your compensation rights etc, contact:
Peter Cunliffe FRICS, firstname.lastname@example.org, 0161 962 0083
What is a Compulsory Purchase Order (CPO)?
CPO powers are granted to local authorities and other public bodies to enable them to assemble land required for major regeneration projects where there is a compelling case in the public interest.
Compulsory Purchase Orders
Powers to acquire land and buildings compulsorily are, nowadays, almost entirely vested in public authorities which include Government Departments, Local Authorities, National Park Authorities and Statutory Corporations such as the Environment Agency, the Civil Aviation Authority and the Urban Regeneration Agency.
For example, within the Borough of Tameside, the new section of the M60 came under the auspices of the Secretary of State for Transport, Local Government and the Regions and the Metrolink system is being provided by the Greater Manchester Passenger Transport Authority (GMPTE).
However, most Compulsory Purchase Orders (CPO's) are promoted by the local Council and, although they can be used for a vast array of purposes, the majority are made for:
- Clearance of unfit housing - Housing Act 1985 (for example, Ashton Renewal Area in Tameside, Beswick Clearance Area in Manchester, Seedley & Langworthy Regeneration in Salford)
- Acquisition of Individual Empty Dwelling Houses for Continued Housing Use - Housing Act 1985
- Development or Regeneration - Town and Country Planning Act 1990
- Local Road Schemes - Highways Act 1980
The following link will direct you to the communities.gov.uk website and specifically to the booklet published by the government offering some further guidance on Compulsory Purchase.
Compulsory Purchase Procedure
Compensation is paid to reflect the losses and disturbance caused by a compulsory purchase or statutory scheme on an owner or occupier’s property.
Compensation is based on the market value of the land taken ignoring any increase which the acquisition/development may add to the value. The losses must be unavoidable and as a direct result of the scheme. Compensation may either be a range of payments or accommodation works (works to lessen the effect of the scheme) or both.
It is up to the claimant to prove any losses to claim for compensation and this is one aspect where we can be of assistance to you, to negotiate with the relevant Authority on your behalf.
In the majority of cases, the acquiring authority may offer an advance payment of compensation depending on the rights or the land taken.
People whose property suffers a loss in value due to the use or operation of a nearby scheme, may also be able to claim compensation.
COMPENSATION WHERE NO LAND IS TAKEN
Where a new bypass is constructed, a motorway is widened, or an airport extended, or where a new tram system is established, if your property loses value due to increased levels of certain physical factors such as noise, lighting, vibration and pollution, you are entitled to serve a claim on the relevant Authority for compensation to reclaim that value.
Claims are made under Part I of the Land Compensation Act 1973 (As amended).
The Authority should also pay our fee to represent you.
We act throughout mainland Britain in this way, preparing, submitting and negotiating claims on behalf of homeowners.
Easements & Wayleaves
Is your home or business affected by the excavation works of a utility company; perhaps, passing trade cannot access your shop whilst works are on-going; perhaps, the cable or pipeline is being laid under your garden, golf course or development site.
We have represented both the Utility company and the land owner or occupier and so we are well versed in these matters.
We can advise you on your rights and act as agent between you and the Utility company involved, for which our fees should again, ordinarily, be paid by that Utility.
It is sometimes the case that a scheme is proposed, such as a new motorway, and residential and commercial properties would need to be purchased to accommodate the line of the new road but the acquiring Authority is not yet ready to commence with their detailed plans, obtaining compulsory purchase powers etc.
This can have a potentially significant and detrimental effect on both the value and saleability of your property.
In some scenarios, we can serve a blight notice on the relevant Authority to insist that they purchase the property, in advance of their requirements.
The Authority can reject the blight notice but you would then have to opportunity to refer the matter to the Lands Tribunal if you needed to pursue the matter: although we would insist that you consulted a specialist lawyer beforehand to explain the procedure and risks, before you committed yourself to such a course of action.