Compulsory Purchase Flashcards
What is CPO?
Compulsory purchase is where public sector organisations can acquire land without the consent of the owner
How is the compulsory purchase code implemented?
Through statute and case law.
What if there are objections to CPO?
- by means of written representations if all objectors agree
- by a public local enquiry
- by hearing before a person appointed by the Secretary of State.
After how long does CPO expire?
3 years
What is a Development Consent Order (DCO)?
Is the means of obtaining permission to construct and maintain developments as NSIPs
What legislation covers DCO?
Planning Act 2008
What are the few ways to acquire land?
Notice to treat
Notice of entry
General Vesting Declaration
What legislation covers Notice to Treat?
Section 5 of the Compulsory Purchase Act 1965
After now long does a Notice to Treat expire?
3 years
What is Notice to Entry?
Entitles the acquiring authority to take entry onto the claimants land.
What legislation covers GVD?
Compulsory Purchase (vesting declaration) Act 1981.
What is GVD?
Allows authority to automatically acquire title on a certain date.
Once submitted, authority cannot change their mind to purchase.
Where is the statutory valuation date found?
Section 5A of Land Compensation Act 1981.
What is Blight?
Blight is when the value of a property is substantially reduced because of a proposal to carry out public works. Eg new roads or improvements to existing roads.
Where can you find the statutory rules for assessment of compensation?
Section 5 of Land Compensation Act 1961
Rule 1 of Six rules for assessment of compensation?
- No allowance to be made for the compulsory nature of acquisition
Rule 2 of Six rules for assessment of compensation?
Property to be valued to open market value.
Rule 3 of Six rules for assessment of compensation?
Special suitability of land scheme to be ignored.
Rule 4 of Six rules for assessment of compensation?
No illegal use
Rule 5 of Six rules for assessment of compensation?
Principle of equivalence
Rule 6 of Six rules for assessment of compensation?
Rule 2 will not affect compensation for matters not directly based on value of land, such as disturbance.
4 heads of claim
Land taken
Severance and injurious affection
Disturbance
Fee (and legal costs)
Legislation for land taken
Section 5 Land compensation act 1961
How do you value on open market basis for land taken?
Assume the property was sold as it actually existed as at the valuation date.
A willing seller must also be assumed
Where there is understood to be demand for the property, it’s value falls to to be assessed in accordance with Rule 5 - equivalent reinstatement
Legislation for severance and injurious affection
Section 7 compulsory purchase act 1965
What is severance
Separation of land into two or more parcels
What is injurious affection
Actual or anticipated diminution in value of retained interest in land.
Legislation for injuries affection
Section 10 compulsory purchase act 1965
Valuation date for severance and injurious affection
Same as land taken
To quality for severance and injurious affection
The areas of land don’t have to be contiguous and neither does the claimant need to hold the land taken and affected under the same title interest.
Do the separate pieces of land have to be contiguous
No but the areas of land have to be sufficiently near to each other and situated so that possession and control of each gives enhancement value to both or all of them.
Case law for severance and injurious affection
Cowper Essex v Acton Local aboard (1889)
