3. Process Flashcards
What is the time line procedure to make a Compulsory Purchase Order?
The procedure is set out under the Land Acquisition Act 1981:
1) Formulation
3) Referencing
4) Making the order
6) Objections & Considerations
8) The Inquiry
9) The Written Representation
10) The Decision
What powers are available to acquire land?
1) By Agreement
2) Notice to Treat followed by Notice of Entry
3) General Vesting Declaration
What is the procedure for acquiring land via the Notice to Treat and Notice of Entry route?
Firstly, CPO approved and then:
1) A Notice to Treat must be served within 3 years. It must state that the AA is willing to negotiate for possession of the land.
2) The Notice of Entry must then be served to take possession of the land within 3 years of the NTT being served. A minimum of 14 days notice must given for entry,
Possession can take place but the Title will not be conveyed to the acquirer until the compensation has been paid.
What is the procedure for acquiring land by a General Vesting Declaration?
1) A preliminary notice (A form of statement of effect of a GVD) must be served on all affected parties.
2) A GVD may be executed 2 months after the preliminary notice.
3) A second notice (Notice of making) is then served stating that the GVD has been executed and specifying a date when the land vests - at least 28 days notice must be given.
4) On the vesting date, possession can be taken and the Title is transferred - 1 minute after midnight all the land within the GVD vests in the AA and they can then register that document as ownership at HMLR
What is the timeframe for notifying parties of an Inquiry in respect of a CPO?
42 days notice must be given for the Inquiry.
What is the difference between a DCO and CPO?
DCO - grants planning permission and land acqusition powers for NSIPS
CPO - standalone and acqusition power. Inspectorate would only refuse a CPO (from a planning point of view) if they felt planning would be achieveable. As a result, most schemes receive planning before submitting CPO.
What can a claimant do prior to receiving a GVD?
Negotiate. Should also ask for an advance payment. Improves cash flow.
Reduces overall time to get a settlement.
Encourages early relocation
