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.
Who is responsible for granting a DCO (application and decision)
Applications are made to Infrastructure Directorate of the Planning Inspectorate
The Secretary of State makes the decision
What is the Acquiring Authority?
Legislation
Defined in section 7 of the Acquisition of Land Act 1981 - the Minister, local authority or other person who may be authorised to compulsorily purchase the land
What are the relevant sections of the HPA 2016 in relation to survey access
s172 - Notice to undertake surveys or valuation
s173 - Application to Justice of Peace for Warrant
s175 - Statutory Undertaker objection. Minister approval for surveys to continue under s175
s176 - Compensation due to interested parties for damages
s194 - Advance Compensation timescales
What are the provisions for compensation when access to land is taken under a s172 notice
s176 - Compensation can be due to any person with an interest in land for damages as a result of exercising rights. Dispute = Upper Tribunal
s194 - Advance compensation where request for advance compensation is made under s52 of Land Compensation Act 1973
28 days - AA decides whether sufficient information is given
2 Months - payment is made
What notice other than a s172 could your client use to access third party land
s53 of the Planning Act 2008 allows for right of entry
What are the stages of a CPO (7)
- Draft CPO created in prescribed form
- Notices served stating the draft CPO in newspapers, fixed to the land and affected parties (21 days)
- Draft CPO submitted to relevant minister
- Objections can occur = public inquiry
- Minster issues CPO - possibly with some changes based on the inquiry
- AA serves notices - newspapers, fixed to the land, affected parties
- Notice to Treat / GVD (3 years)
What are the main 3 legislation for a CPO
- Acquisition of Land Act 1981 (as amended by the Planning and Compulsory Purchase Act 2004) - Process of a CPO
- Land Compensation Act 1961 - Compensation following a NtT
- Compulsory Purchase Act 1965 (Notice of Entry following a NtT)
When is the Acquisition of Land Act 1981 (as amended by the Planning and Compulsory Purchase Act 2004 applied in the CPO Process?
Defines the process of a CPO (part 4)
When is the Land Compensation Act 1961 applicable in a CPO?
s. 4 deals with compensation following a NtT
When is the Compulsory Purchase Act 1965 applicable in a CPO?
s.11 Notice of Entry following a NtT
How is a CPO different for special category land?
Land defined on part 3 of the Acquisition of Land Act 1981
Compulsory purchase rights are not available on land within this category. As such discuss alternative options for routing.
must be put before parliament for 21 days when submitted to the minister. A committee from both houses will review, and decide if it is approved, has amendments or not approved.
What is the process for a notice to treat for CPO
- AA serves NtT on claimant
- Claimant responds with claim (s4 of the LCA 1961) - usually required within 21 days
- this can go to the upper tribulal - Notice of Entry served under s11 of the CPA 1965 - at least 14 days
- Conveyance is completed and AA owns land - the claim must have been paid for this to happen
What is the process for a General Vesting Declaration for a CPO
- AA serves notice of intention to interested parties and in newspaper.
- States affect of the GVD
- Requests interested parties confirm contact details
- minimum 2 months - GVD Executed after min 2 month period
- Notice of making GVD served to every interested party & those who replied to notice.
- Stated vesting date - min 28 days following execution
- Served ASAP after execution
How are IA claims dealt with separately under DCO and CPO?
DCO = s152 of PA 2008
CPO = s10 CPA 1965
How do time constraints vary between CPO and DCO
DCO - 5 years to exercise powers
CPO = 3 years to exercise powers
What is betterment ?
Defined in s6B of the LCA 1961
Where the scheme has resulted in a uplift in value in adjacent/contagious land which gains value as a result of the scheme, compensation will be reduced to take this into account
What is the case law relating to the principal of equivalence
Director of Buildings and Land v Shun Fung Ironworks (1995)
Lord Nicholls
What is a section 35 direction
Where the secretary of state confirms a project has national significance and therefore required development consent
How long does the planning inspectorate have to accept a DCO
28 days
What is the process of a DCO (in detail)?
- Pre-Application
- consultation process
- Developer must consider all feedback - Acceptance
- AA submits to planning inspectorate
- Has 28 days to accept & publish docs on website or dent
- if not accepted, AA have 6 weeks to legally object - Pre-Examination
-Minimum 28 days
-Preliminary Meeting is held which outlines the examination timetable - Examination
- Max 6 Months
- Examining Authority reviews docs and application
- Written Representations and Hearings - Decision
- 3 Months
- EA recommend to SoS - Post Decision
- 6 Week window for legal challenge
What is the relevant SoS for Lionlink
The SoS for Business, Energy and Industrial Strategy (BEIS)
What clauses of the licences did you negotiate for survey access
- Agents Fees - £250 per landowner for signed licence
- Night Works - £500 payable per night survey
-Term of Licence - 2 years
What did you serve s172 notices for?
For access onto third party land for non-intrusive surveys
What was on the s172 notice that you served?
- Name of the relevant party
- Date of service of the notice
- Details of the legislation the notice was being served under
- Survey schedule stating the surveys to be undertaken under the notice
How is special Category Land treated differently in compulsory purchase schemes
Special category land is specified in part 3 of the Acquisition of Land Act 1981
CPO must be put before the houses of parliament for 21 days to allow for petitions. A committee from both houses will review and decide if it is approved, has amendments or is not approved.
Outline the GM used for the crop loss at Hill Farm
Spring Barley
5.75t/Ha @ £160/t
Straw in Swath = £200/t
Seed = £100
Fert = £270
Sprays = £130
£1,100 - £500 = £600
What are the components of a GM for animals?
Outputs
- Milk
- Wool
- Calves/Lambs
Variable Costs -
- Vet & Med
- Concentrates
- Bedding
- AI
- Miscellaneous = Shearing, carcass disposal, Marketing
How long is an SFI agreement for?
3 years
When is the deadline for applying for CS?
15 September 2023
How long do CS agreements last?
5 years
