compulsory purchase order
📖 O que é compulsory purchase order? Significado e conceito
A Compulsory Purchase Order (CPO) grants an 'acquiring authority', typically a local council, the legal power to buy land or property even if the owner does not wish to sell it. This power is exercised to facilitate significant public works, such as the construction of new roads, transport interchanges, or land reclamation projects, as seen in the cases where land was acquired for a new transport interchange in St Helens, a road scheme in Stockport, and land reclamation in Barnsley.
The process usually involves the acquiring authority making the CPO, which then needs to be confirmed by a Secretary of State. Once confirmed, the authority can proceed to acquire the land, often by serving 'Notices to Treat' and 'Notices of Entry', which fix the valuation date for compensation purposes and allow the authority to take possession. Compensation is then assessed for the acquired interest, which can include freehold land or other interests like leasehold properties.
For self-represented litigants, understanding a CPO means recognising that the acquiring authority has a legal right to take the land, but also that the owner is entitled to compensation for their loss. The valuation of this compensation can be a complex matter, sometimes involving tribunals to determine appropriate alternative development certificates or to assess the value of lease breakage and other losses. The process can also involve specific legal procedures, such as those under the Compulsory Purchase Act 1965, to finalise title transfer and compensation.
📋 Requisitos
- The CPO must be made by an acquiring authority, such as a Metropolitan Borough Council.
- The CPO needs to be confirmed by the Secretary of State.
- The acquisition must be for a public purpose, such as land reclamation, transport infrastructure, or road construction.
- Notices to Treat and Notices of Entry are typically served to formalise the acquisition and fix valuation dates.
📝 Procedimento
- An acquiring authority makes a Compulsory Purchase Order.
- The Secretary of State confirms the CPO.
- The acquiring authority serves Notices to Treat and Notices of Entry.
- Possession of the land is taken, fixing the valuation date for compensation.
- Compensation for the acquired interest is assessed, potentially involving a tribunal.
- Title to the plots may be transferred, sometimes using procedures like a deed poll.
💡 Exemplos
- A local council issued a CPO to acquire former railway sidings and disused land for a land reclamation project involving grading, mounding, and tree planting.
- A borough council made a CPO to acquire land for a new transport interchange, including a park-and-ride facility and enhanced cycle parking.
- Land was compulsorily purchased by a metropolitan borough council for the construction of a major road scheme connecting two towns.
- A car sales company's leasehold interest in a plot of land was acquired under a CPO to facilitate a redevelopment project.
📚 Base legal
- Compulsory Purchase Act 1965
❓ Perguntas frequentes
What is the purpose of a Compulsory Purchase Order?
A CPO allows public bodies, like local councils, to acquire land or property for public projects, such as building new roads, developing transport facilities, or carrying out land reclamation, even if the owner does not wish to sell.
Who can issue a Compulsory Purchase Order?
Typically, an acquiring authority, such as a Metropolitan Borough Council, can make a CPO. This order then needs to be confirmed by the Secretary of State before it can be implemented.
What happens after a CPO is confirmed?
Once confirmed, the acquiring authority can serve 'Notices to Treat' and 'Notices of Entry'. These notices formalise the acquisition, allow the authority to take possession of the land, and fix the date for valuing the compensation due to the owner.
Am I entitled to compensation if my property is subject to a CPO?
Yes, if your land or property is acquired under a CPO, you are entitled to compensation for your interest. The assessment of this compensation can be complex and may involve tribunals to determine the fair value.
What is a 'certificate of appropriate alternative development' (CAAD) in relation to a CPO?
A CAAD is a certificate that can influence the compensation amount for land acquired under a CPO. It determines what alternative development might have been appropriate for the land if it hadn't been compulsorily purchased, thereby affecting its valuation.
What if I disagree with the compensation offered for my property?
If you disagree with the compensation offered, the matter can be referred to a tribunal for assessment. The tribunal will then determine the appropriate compensation based on evidence presented by both parties.