Compulsory Purchase & Compensation

Question 1

What is a DCO?

Answer 1

Means of obtaining planning permission for a Nationally Significant Infrastructure Project under the Planning Act 2008.

Question 2

What interests qualify under S.12 Acquisition of Land Act 1981?

Answer 2

Under Part 1 - Owners, lessees, tenants, occupiers (Book 1)

Under Part 2 - Mortgages, restrictive covenants, trustees (Book 2)

Question 3

What can be claimed for if impacted by a CPO?

Answer 3

• Land Taken
• Disturbance
• Loss Payments
• Severance & Injurious Affection

Question 4

What is a CAAD and what is the process?

Answer 4

Certificate of Appropriate Alternative Development

• determines what site could be used for in a no scheme world
• application through local council & can be positive (to prove) or negative (to disprove)
• 1 month appeal process

Question 5

What are the Crichel Down Rules?

Answer 5

Non-statutory arrangements for AA to sell surplus land back to owners if bought using statutory powers.

Conditions include ‘no material change’

Applies to freehold & long leaseholds

Question 6

What rights to compensation are afforded under 1961 & 1973 Acts?

Answer 6

1961 Act establishes the 6 rules of assessing compensation (Land Taken)

1973 Act defines the right to compensation if impacted by the use of the works (No Land Taken)

Question 7

How did you verify ownership data in relation to the National Grid referencing?

Answer 7

• Checking Land Registry documents
• Issuing questionnaires
• Erecting site notices for unregistered land

Question 8

What are the MacCarthy rules? When do they apply?

Answer 8

For claims under Section 10 Compulsory Purchase Act 1965
Injurious Affection compensation when land is not taken, but impacted by the execution of the works

1) Consequence of lawful statutory powers
2) IA claim would arise if done without Statutory powers
3) Only impact on legal interest is claimable (i.e. not disturbance)
4) Damage arises from works execution (not use)

Question 9

What is a Notice to Treat?

Answer 9

Notice stating on AA’s willingness to negotiate for a purchase & compensation.

Usually 21 days to respond

Can be withdrawn, served on whole or part of the property

Entry can be 3 months from the service of a Notice of Entry

Question 10

Name some potential Heads of Claim following a CPO

Answer 10

• Temporary or permanent loss of profits
• Loss of crop
• Reinstatement of land
• Relocation cost
• Reasonable legal / surveying fees

Question 11

What is S.14 of the Land Compensation Act 1961?

Answer 11

Taking account of actual or prospective planning permission in valuing land subject to compulsory acquisition.

Question 12

What is the difference between severance and injurious affection?

Answer 12

Injurious Affection -
- Compensation for depreciation of value of retained land arising from statutory works.
- Claimable under S.10 1965 Act
- Eligibility determined by the McCarthy Rules

Severance -
Severance occurs when the retained land is severed from the rest of the property and therefore loses value.