Compulsory Purchase Flashcards
When can compulsory purchase powers be used?
When in the best interest of the public (documented in the statement of reasons)
How can an AA justify using compulsory purchase powers
Compelling case in the public interest
- needs to have public benefits (economic, social, environmental)
-the need of compulsory purchase for acquisition of land to be delivered
- when reasonable steps have been undertaken to acquire land by agreement
-need a clear idea of how land will be used (planning app)
No impediments to deliver the scheme (legal/financial/consents/programming)
Name the two types of legislation which relate to CPO
- Primary Legislation (acts of parliament)
- Secondary Legislation (statutory instruments created by SoS relating to CPO)
Name to two routes to CPO for a specific scheme
- Direct from parliament to create hybrid bill or Act (HS2/Crossrail)
- Parliament via SoS through Enabling Acts and SoS approves the specific project via an Order
Name enabling act relating to roads
Highways Act 1980 (CPO)
Name enabling act relating to Regeneration
s226 of the TCPA 1990
(a) land can be acquired if the LPA thinks it will facilitate the carrying out of development / improve the area
SOR, CPO Schedule, Order map
Name enabling act relating to guided transport
Transport and Works Act 1992
- Applicants include TfL, NR, LPA e.g Nottingham Express Transit
- TWA does not grant planning
- Powers - CPO, powers to construct, alter and maintain a transport system, temporary right to use land, closure / alteration to roads
Describe DCOs
Development Consent Order for National Significant Infrastructure Projects
- all permissions in single application; CPO, planning, listed building consent etc
- assessed by PI on behalf of SoS
- Stages - Pre application, Acceptance, Pre examination, Examination, Decision, Post Decision
Name acts dealing with seeking and implementation of powers
- Acquisition of Land Act 1981
2. Compulsory Purchase (Vesting Declarations) Act 1981
Describe what AoLA 1981 deals with?
Procedural rules for authorising cpo, life of cpo
- requirements such as holding an inquiry if objections
- publishing cpo notice in a newspaper
- serving notice on all affected parties
- confirmation of the order
- guidance in Crichel Down Rules
Describe what the Compulsory Purchase (Vesting Declarations) Act 1981 deals with
Procedural details of implementing powers via GVD
Name the 3 main stages of CPO Process
Order, Inquiry, Powers
Name acts relating to the assessing of compensation to claimants
Land Compensation Act 1961
Land Compensation Act 1973
Compulsory Purchase Act 1965
Describe the compensation code
175 years of legislation and case law relating to compulsory purchase
When is a claimant entitled to CPO compensation
- When NTT is served
- GVD is executed
- Blight notice is accepted (deemed NTT)
Can claim compensation in shadow of CPO and can claim losses incurred before claim was triggered when entitlement to compensation is triggered
Name the different types of Heads of Claim
- Value of Land Taken
- Injurious affection
- Disturbance
- Loss Payments
- Reasonable Professional Fees
What act relates to value of land taken
s5 of Land Compensation Act 1961 (sets out 6 riles for assessment of land taken)
Describe 6 rules relating to Value of Land Taken
- No allowance to be made for the fact the acquisition is compulsory
- the value of land shall be taken to be the amount which the land if sold in the open market by a willing seller might be expected to realise (MV)
2a. The value referred to in rule 2 is to be assessed in the light of the no scheme principle - No extra value for special suitability
- No extra value for unlawful uses
- Special provisions where ‘no general market or demand (equivalent reinstatement costs)
- Rule 2 shall not affect the ability to claim disturbance nor any other matter not directly based on the value of the land
What act defines no scheme world principle
Land Compensation Act 1961, s6a, Rule 2a, ammended by Neighbourhood Planning Act 2017
Describe No Scheme Principle
Any increase or decrease in the value of land caused by the proposed scheme for which the authority acquires the land or by the prospect of the scheme is to be disregarded
Describe No Scheme World Assumptions
- Assumes the scheme was cancelled on relevant valuation date
- No action is taken by the AA for the purpose of the scheme
- No replacement scheme of same purpose using CPO powers
- No other scheme using CPO powers would be carried out if scheme had been cancelled
- Any increase of decrease in value due to blight/proposed scheme is to be disregarded
Case Law relating to No Scheme World
Pointe Gourde Quarrying Co Ltd vs Sub Intendant of Crown Lands 1947
- whereby navy base required for WW1, quarry cpoed for stone supply which enhanced the market for stone and increased value of quarry but quarry value increase disallowed as due to CPO scheme
Act relating to valuation date
Inserted in s5a of Land Compensation Act 1961 as a result of s103 of Planning anf Compulsory Purchase Act 2004
Describe the relevant valuation date (5a)
when land is subject to NTT, the relevant date is the earlier of the possession date and the date the compensation assessment is made
when land is subject to GVD, earlier of the vesting date and the date the compensation assessment is made
Describe principle of equivalence
To provide fair compensation for a claimant where land has been compulsorily taken away from him and that a claimant should not recieve more than fair compensation
Fair market value but no more
Describe Pointe Gourde Principle
compensation for compulsory acquisition of land cannot include an increase in value entirely due to the underlying scheme
Describe case law related to equivalence
Director of Building Lands vs Shun Fung Iron Works
Describe Injurious Affection
Effect on land value of land not acquired by the acquisition works
Describe section 7 claims
Compensation payable when part of the land is taken (s.7 Compulsory Purchase Act 1965)
Claims relate to impact on value from construction works or due to the separation of the land (severance)
Describe section 10 claims
Where no land has been taken but compensation awarded for diminution of land for carrying out of the works (s10 compulsory purchase act, 1965).
Affected by physical interference with legal right.
