Our specialist team can guide you through what can be a complicated and confusing process, whether your property is being compulsorily acquired or new rights are being imposed over it.
As your trusted advisers, we strive to ensure that for clients with a qualifying statutory claim (often referred to as a “blight claim”) our involvement is ultimately cost-neutral to you.
If you are affected by a CPO then in many cases bespoke advice will be required or otherwise can add significant value to you (as owner and/or occupier of property). We have various fixed fee packages available which are published on our scheme-specific pages. If you want but otherwise you can use the “contact Us” form below and once of the team will be delighted to discuss how we may further advise and assist you.
We strive to demystify the CPO process for our client(s) but also secure the best possible outcome in a timely and unfussy fashion.
We recognise that for affected owners, businesses and individuals a CPO will neither be a situation of their making or their choosing. A CPO can cause considerable concern, upset and disruption. We strive to work together with our clients (alongside any other professional advisers that they may have) to secure the best outcome that the law permits.
Where an owner, business or individual has a legal claim (i.e. they have a qualifying “blight” claim) their reasonable legal and professional costs in clarifying, confirming and concluding that statutory claim are ordinarily recoverable from/payable by the authority exercising the relevant powers of compulsory purchase. We will secure payment from the relevant acquiring authority which, in many cases, means that our fees are settled direct by the relevant authority or otherwise reimbursed to you.
If you don’t have a statutory claim then any costs incurred are not ordinarily recoverable from the party pursuing a CPO. However, our advice and input can strive to ensure the best possible outcome to you – to include potential amendments to the CPO scheme or the provision of mitigation measures – or to otherwise ensure that your energies are directed in the most effective and efficient way possible.
A CPO is a legal instrument that enables an Acquiring Authority, typically a local authority or government body, the power to acquire land and/or property without that land/property owner’s consent.
Experience tells us that many individual land and property owners perceive a CPO as a draconian but also confusing measure, which can be interpreted as leading to an unfair outcome for that individual.
Where a person is affected by a CPO is this typically referred to as “blight” and, where blight arises, legal rights attach.
Our role, as trusted advisers, is:
CPOs are used as a means of acquiring land which is required to deliver societal change and improvement in the quality of life for the public by facilitating scheme that being social, environmental and/or economic benefits. These sorts of scheme can include both urban and rural regeneration, but also infrastructure schemes such as improvement to roads, railways and airports amongst others.
It is typical for a Development Consent Order (DCO) to include the CPO powers but, of note, a CPO can be a standalone order. And so whilst a DCO will usually include a CPO, it is not the case that a CPO must be associated to a DCO.
A CPO is a statutory power which arises from an Act of Parliament. These “enabling powers” grant a specific power to be used for a specific purpose and a CPO can only be lawfully obtained if all legal and procedural requirements can be met. Part of this requires a CPO to go no further than reasonably necessary (i.e. its aims cannot be achieved by less, or less impactful, means).
A CPO is first made by an Acquiring Authority and thereafter needs to be approved (or “confirmed”) by the Secretary of State. Confirmation will typically follow a process of consultation, consideration of representations (in support and opposing the scheme/CPO) and a Public Inquiry.
If made, a CPO is a Human Rights interference which authorises the compulsory acquisition of land/property in private ownership for “the greater good”. This is even where agreement cannot be reached with relevant land and/or property owners.
A CPO can and will be a lawful interference with the rights of one or more individuals, subject to the requirement that the affected person(s) achieve “equivalence”; namely securing fair value for the interference with their rights/compulsory acquisition by reference to a collection of legal rights and statutory provisions colloquially referred to as “The Compensation Code ”.
We can advise upon whether legal requirements have been fulfilled and “due process” followed, and therefore give advice regarding (and have conduct of) a formal challenge to the making of a CPO.
The starting presumption is that a CPO is a “power of last resort”. This means that it is not a power to be used lightly or frivolously by an Acquiring Authority; there is a requirement for there to be meaningful engagement with affected person(s) prior to a CPO being made (and thereafter confirmed).
If a CPO is made then there is a right to challenge this but only on limited grounds. Otherwise, an affected person’s/business’ property rights are converted into a statutory claim for “equivalence” – meaning that the displaced property owner (or occupier) should be in no better or worse position as a result of the CPO.
Our specialist team can provide advice as to whether a CPO has been lawfully pursued and/or made, but also in making representations to ensure that the CPO, as best it can, causes the least interference and/or impact upon our client(s) as possible.
A CPO empowers the relevant Acquiring Authority the power to acquire, or impose rights in or over, land and property compulsorily. The law prescribes requirements as to when the powers of compulsory purchase etc lapse (typically three years from confirmation) but also how they can be given effect. In simple terms by the service of further legal notices to the relevant owner(s).
So it is not the case that once a CPO is confirmed the relevant owner(s) must immediately vacate the property. But it is worth noting that, once compulsorily acquired, the authority (as new legal owner) would have the right to evict the owner(s) and any occupier(s) and without the need for separate Court proceedings.
Most cases are settled amicably and typically the property owner(s), and any occupiers(s), recover a financial payment equivalent to the value of the property and/or their interest in it but also recover any losses or costs incurred by them in them having been disposed of that property and/or a right in it.
Our role, as solicitors, is to advise you as to what “equivalence” can or does mean in lawful terms. Thereafter, working with appropriate professionals – notably suitably-qualified surveyors and valuers - we ensure that all heads of statutory claims and losses are identified and appropriately valued, which includes the unblighted market value of the property but also any “disturbance losses”.
A qualifying Claimant has a right to seek compensation in respect of the compulsory acquisition of their property. More detail about this can be found here.
The following are examples of where we can assist in the context of CPO or DCO matters:
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