DCO & Compulsory Purhcase

Question 1

What is NSIPS

Answer 1

Nationally Significnat Infrastructure projects

Question 2

What is the main legislation for DCO

Answer 2

The Planning act 2008(section 14)

Question 3

What are the 6 stages of DCO

Answer 3

Pre-application, acceptance, pre-examination, examination, decision and post decision

Question 4

How does pre-examination work

Answer 4

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

Question 5

In the pre-application are the two consultations

Answer 5

Perscribed persons (eh. forestry commission, parish councils, forestry commissions etc and the local community

Question 6

What must the applicant prepare after getting thelocal resoonse

Answer 6

Statement of community consultation

Question 7

Under section 48 of the Planning Act, how must the applicant publish in a notice of the proposed application

Answer 7

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

Question 8

What section is acceptance related too?

Answer 8

s55

Question 9

How does the pre-examnation requirements work who examines the work

Answer 9

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

Question 10

How does the examintion procees work

Answer 10

it is 6 month period commencing on the date of the prelimanary meeting

Question 11

What letter is the examination process in accordance with

Answer 11

letter 8

Question 12

How long do the examining authority have for examining to prepare tothe secretary of state in the decision process and what do they agree

Answer 12

three months- and will either procees a development cosnent order or refuse application

Question 13

What is the timeline post desion for the courts to challenger the cours by judicial review

Answer 13

Six week statutory review

Question 14

What are the postiives are DCOs

Answer 14

Unified authrorisation procees, certainty of outcome, certanity of timeline, compulsoary purchase powers, BNG is not currently reuired under DCOS

Question 15

What are the cons of DCOS

Answer 15

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

Question 16

What are the main Acts for Compulsory Purchase

Answer 16

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

Question 17

What must DCOS show that they are under section 122

Answer 17

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

Question 18

What sections are the rules of compensation under

Answer 18

section 5 of the land compensation act 1961

Question 19

What are the six rules for assessing compensation

Answer 19

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

Question 20

what is the relevant valuation date

Answer 20

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

Question 21

What is the basis of valaution for the scheme

Answer 21

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

Question 22

What are the heads of claims

Answer 22

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

Question 23

What must you consider in the value of the land

Answer 23

Planning potential,planning assumptions, loss of development potential

Question 24

What is betterment

Answer 24

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

Question 25

What is injurious affection?

Answer 25

It is the depreciation in vlaue of the retained land as a result of the proposed development on the land acquired by the acquuring authority

Question 26

What is severneace

Answer 26

It is the amount which the retained land loses value from when it is severed

Question 27

What rules govern how disturbance is calculated

Answer 27

The McCarthy rules

Question 28

What are the McCarthry Rules

Answer 28

1. Loss must result from an act made an act lawful by statute
2. the loss must be the must be absense of staturoy powers would given rise to a vause of action
3. Loss must arise from physcial interefernce with a right enjoyed and must rsult in depreciation of the value of the claimany’s land
   4) loss must arise form teh execution of the authorised works and not from their use

Question 29

What is the basic loss paymetnt capped at

Answer 29

7.5% of the value of the property capped at £75,000

Question 30

What is the occupiers loss capped at

Answer 30

the paymen is a modest 2.5% of the value of property acquired. Capped at a maximum of £25,00

Question 31

What is the price for agricultural land amound if the claim does not exceed 100 ha

Answer 31

£100 per hectare

Question 32

What is the amount received for occupiers loss it would be

Answer 32

£50 per hecatre

Question 33

What is the compensation for building amount for ccupiers

Answer 33

greater of £2,500 or £2.50 per sq mter

Question 34

What is the home loss payment basis

Answer 34

10% of the market value of is interest