Compulsory Purchase And Compensation Flashcards
What is the difference between a DCO and a CPO
A DCO is for an NSIP and provides both compulsory purchase powers, and planning consent.
A CPO only provides planning consent, a separate planning application must be submitted
What is a DCO
An application for consent to undertake an NSIP
What is an NSIP
As defined in part 3 of the Planning Act 2008
Within the fields of; energy, transport, water, waste water and waste
What is compulsory purchase
Where an aquiring authority is permitted to purchase land and property without the landowners consent
What legislation & part is the DCO application process under
The application process for development consent is defined in part 5 of the Planning Act 2008
What are your client’s duty’s under part 5 of the planning act 2008?
Duty to consult
Duty to notify the SOS
Duty to consult local community
Duty to Publicise
Duty to take account of responses
What are the categories of landowners who the acquiring authority is required to consult under s42?
Category 1 - owner, tenant or occupiers of the land
Category 2 - has interest in the land or has power i.e. can sell it
Category 3 - anyone the applicant believes may be able to make a claim
Also local authorities
Also Secretary of State notification- same information as s42
Under what section of the planning act 2008 is the Acquiring Authority required to consult?
Section 42
What is the minimum consultation period under s42 of the Planning Act?
28 days
How can an AA fulfill their duty to consult the local community
The AA must consult the Local Community by publishing a statement, with local authorities input as to what should be put in the statement.
What is injurious affection?
The loss in value over land which has been directly impacted by a scheme
What is blight?
Blight consists of noise, dust and vibration
Not visual impacts
Also the inability to sell the land due to the CPO being in place. Can serve a blight notice to expedite proceedings
What is the statute governing the process of a compulsory purchase order
Acquisition of Land Act 1981 as amended by the Planning and Compulsory Purchase Act 2004
What are powers of entry for laying new pipelines and work on existing under the Water Industry Act?
Section 159
42 days = works to existing pipes
3 months notice to lay new pipes
What are the crichel down rules?
The principal of the crichel down rules is that where land has been compulsory purchased, the former owner should be given the first opportunity to repurchase the land, provided the character is the same.
What are the Holford rules?
Guidance on the routing of electricity transmission lines.
Avoid high amenity areas
Take a direct route or avoid angling towers
Use hill backgrounds rather than sky
Open valleys with wooded areas where possible - reduce height of pylons
Urban areas should be approached through industrial areas
What are the McCarthy Rules?
Rules for injurious affection claims (section 10 CPA 1965)
4 Rules
- IA must be the result of lawful exercise of statutory powers
- IA must come from that which if done without statutory authority, would give rise to legal action
- value of land must be directly affected by some physical interference
- claim must be from execution of works not authorised use
What are the stages of a DCO?
1 Consultation
2 Acceptance
3 Pre Examination
4 Examination
5 Decision
6 Post decision
What is the difference between the Crichel Down, the Holford and the McCarthy Rules?
Crichel Down - Where land is purchased by CP, the former owner should get first refusal
Holford - Routing of OHL
McCarthy - IA rules (Section 10 CPA 1965)
What notices did you serve for the SLP Project?
I served notices along the route of the DCO boundary to inform the public and affected parties of the decision of the DCO. This was the judicial review period.
