Compulsory Purchase

Question 1

Two pieces of legislation needed for compulsory purchase

Answer 1

Public General Act

Compulsory Purchase Order

Question 2

Legislation governing public inquirries

Answer 2

Compulsory Purchase (Inquirries Procedure) Rules 2007

Question 3

When confirming CPO what must Inspectors provide

Answer 3

Consent
Consent with ammendments
Notification to all parties who have registered an interest or went to the public inquiry

Question 4

Legislation for assessing compensation

Answer 4

Land Compensation Act 1961
Compulsory Purchase Act 1965 
Land Compensation Act 1973
Planning and Compensation Act 1991
Planning and Compulsory Purchase Act 2004

Question 5

4 methods of A/A taking possession

Answer 5

Blight
Agreement
Notice to Treat and Notice of Entry
General Vesting Decleration

Question 6

Notice to Treat

Answer 6

served under s.5 CPA 1965
1 - land description
2 - demand details of recepients interest in land
3 - demand details of recipients claim
4 - provide a written statement that the AA are willing to treat for the land

Question 7

How long after a CPO is confirmed must a Notice to Treat be served

Answer 7

3 years under s.182 Housing and Planning Act 2016

Question 8

Can a notice to treat be withdrawn

Answer 8

Yes, under s. 193 of the Housing and Planning Act 2016,. The A/A must compensate claimants for the fees which they have accumulated due to the scheme

Question 9

Notice of Entry

Answer 9

section 11 of the Compulsory Purchase Act 1965

Question 10

Notice needed between notice of entry and possession

Answer 10

3 months, s.186 of the Housing and Planning Act 2016.

Question 11

When are advanced payment due

Answer 11

Claimants must request the payments when the Notice of Entry is served, the AA then have 28 days to ensure they have all of the correct details and make the payment

Question 12

Notice of Entry - no access is taken

Answer 12

If after 3 montsh of a Notice of Entry being served the AA have not taken access the Claimant can serve a counter notice on the AA requiring them to take possession.

Question 13

What legislation governs General Vesting Declerations?

Answer 13

Compulsory Purchase (Vesting Declerations) Act 1981

Question 14

GVD Use

Answer 14

on a set date the property title is automatically trqansfered to the AA
generally used where there are lots of owners or where the owners cannot be identified

Question 15

GVD process

Answer 15

1 - notice of intention - serve on all known owners and advertise it on the land
2 - Execute the decleration - ensure a 2 month advertiesment period has been met.
3 - Notice of making the GVD. the AA must respond to all parties who rresponded ot the NoI - the GVD takes effect 3 months later

Question 16

Compensation Under a GVD

Answer 16

Compensation is payable at the same rate as if a Notice of Entry had been served.

Question 17

What act allows claims for severance and injurrious affection

Answer 17

s. 7 Compulsory Purchase Act 1965 (Owner Occupiers)

s. 20 Land Compensation Act 1973

Question 18

What is a part 1 Claim

Answer 18

Claims for parties who do not lose land but are physically impacted by the scheme

Question 19

Compensation for planning blight

Answer 19

s.158 - 160 Town and Country Planning Act 1990

Question 20

Re-organisation payments for AHA Tenants `

Answer 20

Agriculture (Miscellaneous Provisions) Act 1968 s.12

Question 21

Homeloss Payments

Answer 21

S. 68 & 69 Planning and Compensation Act 1961

Question 22

Basic Loss

Answer 22

Planning and Compulsory Purchase Act 2004

7.5% of property value up to £75,000

Question 23

Occupiers Loss

Answer 23

Planning and Compulsory Purchase Act 2004, 2.5 % of property value upto £250,000