In November, the Government approved the Development Consent Order to approve the long-awaited Mottram Bypass Scheme albeit the Scheme has now been delayed in January as a result of the Judicial Review application lodged by the Campaign to Protect Rural England, a charity created to protect the countryside.
If the Scheme does finally proceed, there will be significant upheaval in and around Mottram and Glossop but there will also be several properties, predominantly in Mottram, which will be directly affected by the Scheme as a result of the required works to implement the scheme. This may include several properties and/or associated gardens and land being purchased under what is known as a Compulsory Purchase Order (“CPO”).
What is a CPO?
A Compulsory Purchase Order (CPO) is when the Government, a local authority or a utility company (known as an “Acquiring Authority”) in certain circumstances have a legal right to buy your property (or land associated with it) or obtain a right over your property or require you to undertake works to your property. In order to exercise such powers the Acquiring Authority must meet certain criteria set out in law and in particular must prove that the purchase is in the public interest.
What is a development consent order?
Development Consent Orders (DCO) were introduced by the Planning Act 2008 to simplify and speed up the process of obtaining planning permission for projects designated as Nationally Significant Infrastructure Projects (NSIP) in the energy, transport, water and waste projects.
Is there a process that must be followed?
Yes, any Acquiring Authority must follow a stringent process before a decision can be made and the Acquiring Authority takes ownership of a property and/or land. This will usually require a separate entity confirming the decision, for example, a local authority may require the consent of the relevant Secretary of State before a CPO can be made. Briefly, the process this is comprised of:
- Preliminary Enquiries are made to determine if land is required to deliver a project;
- CPO Preparation and submission by the Acquiring Authority;
- Objections period runs for those affected to submit objections to the authority who will consider the proposed CPO (this authority is known as the “Confirming Authority”);
- The CPO is considered by the Confirming Authority;
- Decision made by the Confirming Authority who can confirm, modify or reject the proposed CPO;
- The land in question is then purchased and compensation paid.
Who pays my legal fees?
You must pay the cost of objecting to a CPO proposal, along with any professional fees that you have incurred, but if your objection was sustained so that the CPO was not confirmed or modified to exclude your land from the CPO then you can seek an award of reasonable costs once the Confirming Authority’s decision has been issued. If a CPO is confirmed and implemented then you can recover reasonable professional fees in preparing and negotiating your claim for compensation.
What is a Statutory Blight Notice?
Where the value of a property or land in the vicinity of a proposed development will be substantially lowered by the proposed development, the landowner can serve what is known as a statutory blight notice. If correctly and validly served, this can be a valuable tool for a landowner as it can require the Acquiring Authority to purchase their property/land and obtain compensation for the loss of value to any land that they will retain. If undefended or accepted as a valid blight notice, the Acquiring Authority is required to purchase your property/land on compulsory purchase terms within three years so that you can move away.
To provide a seamless service in the transfer of land ownership following a CPO, DCO or Blight Notice Claim, we have specialist solicitors who can deal with the sale or purchase of either Commercial Property or Residential Property or the Surrender of a Commercial Lease.
We have experience of advising landowners including:
- advising on process and procedure under the different regimes used to promote CPO’s and DCO’s;
- drafting CPO’s and the related process and consultation documents required for the promotion of the orders;
- site entry under a CPO;
- land acquisition by agreement, vesting declaration and deed poll;
- references to the Upper Tribunal (Lands Chamber) and alternative dispute resolution.
We also have experience of advising objectors and affected land owners:
- advising on the process and drafting objections to CPO’s; and
- representing objectors and land owners at CPO and DCO public inquiry.
How we can help
To find out how we can assist, contact Paul Westwell on 0161 330 6821 for your free initial telephone discussion. If you prefer, you can fill in our online form or alternatively, you can email Paul at pwestwell@bromleys.co.uk.