DCO & Compulsory Purhcase Flashcards
What is NSIPS
Nationally Significnat Infrastructure projects
What is the main legislation for DCO
The Planning act 2008(section 14)
What are the 6 stages of DCO
Pre-application, acceptance, pre-examination, examination, decision and post decision
How does pre-examination work
One acceptredofr examination, the public are able to register wiht planing inspectorate to provide a written summary of their veiws. There are relevany respresentations. When the period has condluced, the applicatnt must certify that it has complied wihtt eh statutory requirements for giving notice of the accepted application . The examinig authortity will then set out the various stages of the examination including the periods allowed for submission of further written evidence and any hearing that the examining authortiyu will hold. Applicants and interested parties must comply with the timetable
In the pre-application are the two consultations
Perscribed persons (eh. forestry commission, parish councils, forestry commissions etc and the local community
What must the applicant prepare after getting thelocal resoonse
Statement of community consultation
Under section 48 of the Planning Act, how must the applicant publish in a notice of the proposed application
At least two successive weeks in one or more local papers in teh vicinity whcih the land is situated ad the propoed applicated relates ONe in a national newspaper adn once in the london gazette
What section is acceptance related too?
s55
How does the pre-examnation requirements work who examines the work
Examining authority will examine planning application after the receipt of planning application. They look at dates, written representtions, the period whihc the applicant must agree the statmetn
How does the examintion procees work
it is 6 month period commencing on the date of the prelimanary meeting
What letter is the examination process in accordance with
letter 8
How long do the examining authority have for examining to prepare tothe secretary of state in the decision process and what do they agree
three months- and will either procees a development cosnent order or refuse application
What is the timeline post desion for the courts to challenger the cours by judicial review
Six week statutory review
What are the postiives are DCOs
Unified authrorisation procees, certainty of outcome, certanity of timeline, compulsoary purchase powers, BNG is not currently reuired under DCOS
What are the cons of DCOS
Cost, limited flexibitlity to amend the scheme once the application has been submitted less flexibility for post consent alterations, duration from start to finish (can take a long time to get approval_ Scale- only applicable to certain projects under section 35- Nationally signifixvant Infrastructure projecta
What are the main Acts for Compulsory Purchase
Land Compensation Act 1961, Compulsory Purchase Act 1965, Land Compensation Act 1973 Acquisition of Land Act 1981, Town an Country Plannig Act 1990, Planning and compulsory Purchase Act 2004 and Planning Act 2008
What must DCOS show that they are under section 122
They are required for development, required to facilitate or is incidental to the development
Replacemetn land is to be given in exchange for the order land under sections 131 or 132
What sections are the rules of compensation under
section 5 of the land compensation act 1961
What are the six rules for assessing compensation
1) no allowacne is to be made because the acquisition is compulsory
2) The value is to be the open market value assuming a willing seller- it is not red book valuation but perscribed by statute- there is a non scheme principle whcih is to be disrgarded
3) special suitability for a statutory purpose or where thre is no mkret apart from special needs of a particular purchaser to be disregarded
4) Any increase in value due to use contrary to the law is to be disregarded
5) Special and rare cases cna be dealth with on a cost reinstatement basis
6) RUle two- the vlaue does not affect the asssessment of compensation for disturbance on other matters not bases on the value
what is the relevant valuation date
It is either when the authority has taken over the original land (excluding the decline or increase from the scheme or the first of the vesting dates deemed on the land
What is the basis of valaution for the scheme
This is between a willing buyer and willing seller on the open market might be expected to achieve disregarding the scheme. There also must be some form of evidence
What are the heads of claims
Land and betterment
Injurious affection and severance
Disturbnce
Other losses: basic loss and occupiers loss of payments, Home loss payments, accomodation works, advance paymetns, interest and fees
What must you consider in the value of the land
Planning potential,planning assumptions, loss of development potential
What is betterment
It is the increased value of the land as a result of the compulsory acquisition. The increase in the value of the land is set off agains the claim made aginast the acquiring authority
