COMPULSORY PURCHASE ORDER THE PROCESS. A handy guide to understanding the process of a compulsory purchase order

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1 COMPULSORY PURCHASE ORDER THE PROCESS A handy guide to understanding the process of a compulsory purchase order Focused sharpepritchard.co.uk on your needs

2 THE COMPULSORY PURCHASE ORDER PROCESS FOR AN ACQUIRING AUTHORITY: Stage 1 Determine the extent of the land to be compulsorily purchased Determine ownership and the rights to the land - If not outright ownership, are new rights needed over the land e.g. rights of way or rights to lay pipework Stage 2 Gather information to determine interests of all who will be affected NB if all reasonable efforts are not made to identify and contact all interested parties a CPO can be challenged in the High Court Calculate the number of land interests affected Determine if any land is designated Crown land or a special category which may require special procedures [if yes see Special category land box] Check Land Registry, Council Tax records, planning records, rating records and any other Local Authority records held Arrange for a physical inspection of the site Prepare an outline estimate of the cost of the acquisition Stage 3 If the acquiring authority is a Local Authority, a council resolution should be sought, unless delegated. Acquiring companies will usually require a board resolution Full referencing exercise to be completed collect detailed information on ownership and occupation of the land Send out statutory notices requiring the recipient to provide information on ownership and occupation Engage with landowners who are willing to settle the matter by agreement Stage 4 CPO and a statement of reasons to be drafted Schedule to the order to be drafted, detailing land affected together with map outlining the area - Information regarding deliverability of the project, special consideration, listed building and conservation areas to be detailed Stage 5 Order is made by the acquiring authority Notices to be published in local press Notices to be affixed on the land Notices to be served on qualifying individuals Ensure you are able to prove all reasonable efforts have been made to identify and notify any absent or unknown parties Special category land If special category land is identified during the referencing exercise they may be afforded protection against a CPO. These include land owned by: - The National Trust* - Local Authority - Statutory undertaker for the purposes of its undertaking** - Common land and certain open spaces used for public recreation - Field garden allotments or land used for fuel * Where the National Trust or a statutory undertaker object to a CPO and maintain the objection, a public inquiry must be held and the order will be subject to special parliamentary procedure. Focused sharpepritchard.co.uk on your needs

3 RECENT WORK Advising RB Greenwich on the making and confirmation of the CPO for the major redevelopment of the Ferrier Estate in Kidbrooke and on compensation claims Acting for various landowners affected by compulsory purchase powers for HS2 Acting for the London Borough of Wandsworth on Empty Homes CPOs Advising various highway authorities on road schemes WHAT OTHERS SAY Jo Pickering heads a team recommended for its public sector work, advising on large-scale, complex and often strategic and innovative regeneration and redevelopment projects, both housing and mixed-use. Legal 500, 2015 Excellent knowledge and willingness to work flexibly. Legal 500, 2014 Always available to offer advice and guidance. Legal 500, 2013

4 KEY CONTACTS Jo Pickering Alastair Lewis Brian Hurwitz Denise Stephenson Aidan Dickinson Senior Associate, CPO Team Leader Rachel Hey Associate

5 SERVICES Compulsory purchase Regeneration Development agreements Landlord and tenant Sale and purchase of commercial property Property and housing disputes Estate finance sharpepritchard.co.uk Sharpe Pritchard LLP Elizabeth House Fulwood Place London WC1V