CPO

Question 1

Key Acts

Answer 1

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

Question 2

Key Statutes

Answer 2

Water Industry Act 1991
Electricity Act 1989
Gas Act 1986
Pipe-Lines Act 1962

Question 3

Compensation rules

Answer 3

Now allowance is to be made because the acquisition is compulsory

Open Market Value

Question 4

CPO Procedures

Answer 4

Once the compulsory purchase powers are made by the CPO, they can be exercised by a Notice to Treat.

The Notice to Treat must be served within 3 years of the CPO becoming operational.

Once the NTT is served, the claimant has 21 days to state the nature of their interest in respect of which compensation is claimed. The amount of compensation may be referred to the upper tribunal.

The acquirer then has the right to take possession following service of a Notice of Entry giving 14 days notice or if the amount of compensation has been agreed and paid.

Question 5

Heads of Claim

Answer 5

Land Taken
Injurious Affection
Severance
Disturbance
Home Loss
Occupiers Loss
Basic Loss
Fees

Question 6

Injurious Affection

Answer 6

This is the impact of the scheme on the retained land
It should include:
- Detail of access arrangements
- Mitigation and accommodation works
- Evidence of impact on the wider business
- Noise and visual impacts

In short the decrease in value of the retained land as a result of the scheme

Question 7

Severance

Answer 7

This addresses the impact on the property of a scheme which severs part of the land from the other.

For example additional traveling, cost of re-organising field boundaries.

Question 8

Basic Loss Payment

Answer 8

Available where the claimant has a qualifying interest in land and their interest must have been acquired compulsorily.

The amount is 7.5% of the value up to a max of £75,000

Question 9

Occupiers Loss Payment

Answer 9

Available for agricultural land

2.5% of the property value upto a max of £25,000