Public authorities have the power to acquire property by use of a Compulsory Purchase Order (CPO) to facilitate the assembly of land for development, redevelopment or improvement. These powers are important to local authorities and other public bodies as a means of assembling the land required to deliver schemes that provide a public benefit, such as transport improvements and regeneration.
A CPO is 'made' by the acquiring authority and submitted to the Secretary of State. Notification of the Order is served on all those having an interest in the land.
If there are any objections then a Public Inquiry will be held. This is open to the public and, at the Inspector's discretion, it may be possible for those not having a direct interest in the Order to be heard. An Inquiry will not be held if there are no objections.
Following any Inquiry the Inspector reports to the Secretary of State who will then make a decision to either confirm the Order, confirm the Order with modification (eg they may direct that some of the properties are taken out of the Order), or not to confirm the Order.
If the Order is confirmed the acquiring authority will then be in a position to commence the process to acquire the interest(s) in the property and take possession.
Those having an interest in land will be compensated for the loss of their property. The rules of compensation are complex but as a general principle no occupier should be worse off as a result of their property being compulsorily purchased.
We can provide advice on making representations that an Order should be modified or not confirmed. Our professionally qualified surveyors can also provide Expert evidence at a Public Inquiry and, if necessary, negotiate the heads of claim for compensation. We can also assist with relocation advice.
Some of our recent appointments have included instructions to represent occupiers affected by a major mixed use redevelopment including a Tesco Superstore in East London; the Emirates Stadium development; improvement works to the North Circular Road through Edmonton and Finchley in North London; and to the A1 in Hertfordshire.