LAND ASSEMBLY COMPULSORY PURCHASE AND COMPENSATION Compulsory purchase is an essential tool for assembling sites for major development projects. Carter Jonas has a dedicated team providing advice on all aspects of land assembly and compulsory purchase for regeneration, transport and energy projects. We advise clients from both the public and the private sector on projects which range in size from strategic advice for an entire scheme to negotiation of compensation on a single interest. The majority of our work is acting for parties who are promoting compulsory purchase powers but we also act for a number of landowners and occupiers (known as Claimants) who have property interests included in a compulsory purchase order (CPO). We have established long term professional relationships with clients, arising from our approach of understanding clients needs and delivering high quality advice on time and on budget. We believe our client focussed approach is invaluable to ensuring we continue to deliver valuation and compulsory purchase services of the highest quality. We have a deserved reputation for professional expertise and reliability. The number of repeat instructions from clients and referrals from leading legal practitioners is testament to the quality of our advice and our track record of delivery. carterjonas.co.uk
Our Planning Team can provide planning advice to assess the prospects of whether planning permission for re-development could be secured in the no scheme world which can be taken into account in the assessment of compensation. Whether we are working for the promoters of the CPO or the claimants, our approach is to work closely with our clients to fully understand the issues which are important to the client and tailor the advice to fit the client s needs. OUR SERVICES FOR ACQUIRING AUTHORITIES AND DEVELOPERS Advising on the powers available and the strategy for implementing them Advising on the contractual agreements between acquiring authorities and their development partners Project management of the compulsory purchase process and associated activities such as highways orders, appropriation of land and dealing with special categories of land such as statutory undertakers, open space and village greens Land referencing Compensation estimates Negotiating acquisitions by private treaty Drafting documents in support of the CPO including CPO maps and schedules and Books of Reference Drafting Statement of Reasons and Statement of Case Negotiating with statutory objectors Preparing and giving evidence at CPO inquiries and hearings Advising on the possession procedure and implementation of powers Settling compensation claims, if necessary by reference to the Upper Tribunal (Lands Chamber) FOR CLAIMANTS Advising on the potential impact of the CPO and the claimant s rights Drafting objections and representations to CPOs Seeking undertakings on fees from the CPO promoters to mitigate the financial burden on the claimant Preparing and giving evidence at CPO inquiries and hearings Securing undertakings from the promoters of the powers in exchange for the withdrawal of an objection Preparing compensation claims Negotiating compensation settlements, if necessary by reference to the Upper Tribunal (Lands Chamber)
THE TEAM IS UNDERGOING SIGNIFICANT EXPANSION FOLLOWING THE APPOINTMENT OF KEY SENIOR STAFF WITH EXTENSIVE EXPERTISE AND EXPERIENCE OVER MANY YEARS OUR EXPERIENCE, CLIENTS AND PROJECTS EXAMPLES OF RECENT PROJECTS ARE SET OUT BELOW: REGENERATION LONDON DEVELOPMENT AGENCY (LDA), LONDON 2012 OLYMPIC AND PARALYMPIC GAMES Provided advice to the LDA in respect of the the main Olympic Park and Legacy CPO. This predominantly involved preparing compensation estimates, scrutinising compensation claims and negotiating compensation settlements for property value and business disturbance. Claimants included private landowners, small and large businesses, London Boroughs, utility companies and Network Rail. LAND SECURITIES, NOVA, VICTORIA, LONDON SW1 Provided procedural and compensation advice in connection with the use of compulsory purchase powers to acquire brownfield land adjacent to Victoria Station for a 75,000 sq m mixed use development. This role covered all aspects of the compulsory purchase process, compensation negotiations and the contractual arrangements between Land Securities and Westminster City Council. BARRATT HOMES AND LONDON BOROUGH OF BARNET, STONEGROVE REGENERATION SCHEME Jointly instructed by Barratt and the local authority to advise on the compulsory acquisition of residential leaseholders who had exercised their right to buy at an estate of 1950s high rise flats to enable demolition and new build. This role included preparation of compensation estimates, negotiating with all 91 leaseholders, drafting Statement of Reasons and Statement of Case and negotiating with objectors. Managed to achieve the removal of all objections by negotiation which enabled London Borough of Barnet to self confirm without a public inquiry resulting in significant time savings for the project which was vital to enable Barratt to adhere to the timetable set down by the Homes and Communities Agency s grant funding agreement. SOUTH EAST ENGLAND DEVELOPMENT AGENCY (SEEDA), SHOREHAM-BY-SEA Provided strategic, valuation and negotiation advice to SEEDA in respect of a CPO for a residential scheme in the Ropetackle area of Shoreham. This was the first CPO confirmed under the Regional Development Agencies Act 1998. TOWN CENTRE RE-DEVELOPMENT CAPITAL SHOPPING CENTRES AND OXFORD CITY COUNCIL, WESTGATE CENTRE, OXFORD Advised Capital Shopping Centres and Oxford City Council in connection with the compulsory acquisition of land to enable a retail-led mixed use re-development in the west end of the city centre. Provided compulsory purchase estimates, project managed the compulsory purchase process and led negotiations with property owners and occupiers for private treaty acquisitions. Negotiated with objectors and prepared evidence and appeared at the CPO inquiry, which was subsequently confirmed. AVIVA INVESTORS, SOUTHGATE CENTRE, BATH Advised Aviva on compensation estimates, private treaty negotiations, CPO documents, negotiations with objectors, preparation of evidence for CPO inquiry and subsequent implementation of the CPO, and settlement of compensation claims.
HENDERSON UK PROPERTY FUND, WINCHESTER CITY CENTRE Advised on compulsory purchase of a brownfield site in the western section of the city centre to enable a mixed use retail and residential development. The role includes project managing the professional team and undertaking private treaty negotiations with landowners and occupiers. Preparation of evidence and appearance at the CPO inquiry which was subsequently confirmed. Subsequently advised in connection with a statutory challenge to the CPO and ongoing negotiations with claimants. HENDERSON UK PROPERTY FUND, BISHOP S STORTFORD Currently advising Henderson in connection with the compulsory acquisition of interests and businesses in connection with a town centre retail-led mixed use development in the north east quarter of the town centre. Advice includes preparation of compensation estimates, reviewing acquisition strategy, advising on the relevant statutory powers and drafting documents in support of the CPO. HENDERSON UK SHOPPING CENTRE FUND, ST JAMES S CENTRE, EDINBURGH Currently working as part of a large multi-disciplined team advising Henderson on the use of compulsory purchase powers to assemble site for major retail-led development on the east side of Edinburgh city centre. Providing compensation estimates, acquisition strategy, co-ordinating the private treaty negotiations and project managing the statutory process. Also advising on the nature of the partnership arrangements between Henderson and the Council, both in terms of contractual relationships and practical working arrangements for the day to day management of the process. BUCHANAN PARTNERSHIP, BUCHANAN GALLERIES, GLASGOW Currently advising the Buchanan Partnership (joint venture between Land Securities and Henderson) on all aspects of the compulsory purchase process for the extension and refurbishment of this shopping centre in the retail core of Glasgow adjacent to Queen Street railway station. Main tasks were preparation of compensation estimates, negotiation of compensation claims (including nine Lands Tribunal cases) and advice on possession procedure. SECRETARY OF STATE FOR TRANSPORT, HIGH SPEED TWO Appointed to the original HS2 property advisory panel and retained on the new panel. Took part in the public consultation exercise into the enhanced compensation proposals at locations along the proposed route of Phase 1 between London and Birmingham. BRISTOL CITY COUNCIL, RAPID TRANSIT SCHEMES Advised Bristol City Council and North Somerset Council on the promotion of rapid transit schemes in Bristol (Ashton Vale to Temple Meads and South Bristol Link schemes). Advice included the preparation of statutory documents to support the CPO including CPO Maps, Books of Reference and Statements of Reasons, compensation estimates, negotiations to purchase land by private treaty and Expert Witness services at Public Inquiry. CORNWALL COUNCIL, A30 HIGHWAY IMPROVEMENTS Advised Cornwall Council on the promotion of a Development Consent Order for the A30 Temple to Higher Carblake Improvement Scheme to the Planning Inspectorate. Advice included land referencing and preparation of CPO Maps to support the application. TRANSPORT NETWORK RAIL We provide a broad range of property services to Network Rail under a framework contract which includes valuation of commercial, residential and agricultural premises, negotiating the acquisition of rights, private treaty acquisitions and settlement of compensation claims both as purchaser and vendor. Projects range in size from the negotiation of temporary access rights, to enable improvements to rail infrastructure, to acquisition of major land holdings. SECRETARY OF STATE FOR TRANSPORT, HIGH SPEED ONE (CHANNEL TUNNEL RAIL LINK) Advised on the use of compulsory purchase powers on the Thames Section of the Channel Tunnel Rail Link, comprising over 100 interests between Purfleet in Essex and Northfleet in Kent. carterjonas.co.uk/xxxxxxxx
ENERGY EDF ENERGY, HINKLEY POINT C, SOMERSET Advised on compulsory purchase aspects of EDF s Development Consent Order application for a nuclear new build power station and associated development at Hinkley Point C in Somerset. LONDON DEVELOPMENT AGENCY, UNDERGROUNDING OF POWERLINES, OLYMPIC PARK As a forerunner to the main Olympic Park CPO the LDA made a CPO for the acquisition of predominantly subsoil interests for the construction of two tunnels over six kilometres to enable the undergrounding of the overhead powerlines between Hackney and West Ham power stations, required to enable the main Olympic development to proceed. Responsible for leading the negotiations with all affected landowners and gave evidence at the public inquiry into the CPO which was subsequently confirmed. KNOTTINGLEY POWER PROJECT Advised Knottingley Power Limited on the preparation of a Development Consent Order for a new 1500MW Combined Cycle Gas Turbine power station and associated infrastructure in North Yorkshire. Advice included land referencing, preparation of CPO Plans and Statement of Reasons. COVANTA ENERGY, ROOKERY SOUTH Advised Covanta Energy Limited on the preparation of a Development Consent Order for a new 65MW Waste from Energy power station in Bedfordshire. Advice included preparation of CPO documents, compensation estimates and negotiations to purchase land by private treaty.
EDINBURGH CLAIMANTS KENDAL BOROUGHBRIDGE HARROGATE YORK LEEDS CROSSRAIL Undertook compensation estimates for Transport for London. Subsequently advised affected property owners on the route of Crossrail. Advice includes assessment of compensation and negotiations with Transport for London and preparation of evidence for the Upper Tribunal (Lands Chamber). ROYAL MAIL, STATUTORY UNDERTAKER PROCEDURE Provide advice to Royal Mail in cases when operational Royal Mail properties are included in a CPO. This entails advising on the merits of objection and the use of statutory undertaker procedure under section 16 of the Acquisition of Land Act 1981. THAMESLINK 2000 NORTH WALES Advised a private client who owned a residential development site adjacent to London Bridge station in connection with a compulsory temporary possession scheduled to last in excess of eight years. SHREWSBURY PETERBOROUGH DEPARTMENT FOR TRANSPORT LOCAL GOVERNMENT AND THE REGIONS (NOW COMMUNITIES AND LOCAL GOVERNMENT) NORTHAMPTON OXFORD CAMBRIDGE SUFFOLK Matthew Bodley was the principal author of Compulsory Purchase and Compensation Guidance to Claimants series of five public information booklets and contributor to the Compulsory Purchase Procedure Manual, both first published in 2001. BATH WELLS NEWBURY MARLBOROUGH BASINGSTOKE WINCHESTER LONDON OFFICES Head Office: 1 Chapel Place London W1G 0BG 020 7016 0731 UK Wide Expertise Transport Town centre regeneration Energy Infrastructure/Utilities Compulsory Purchase Orders Development Consent Orders Transport & Works Act Orders Valuation and Compensation Expert Witness CPO Inquiries Hearings Upper Tribunal (Lands Chamber) IF YOU WOULD LIKE TO KNOW MORE ABOUT OUR SERVICES AND RANGE OF SKILLS THEN PLEASE CONTACT: carterjonas.co.uk Matthew Bodley, Head of Compulsory Purchase 020 7408 9234 matthew.bodley@carterjonas.co.uk Simon Mole, Partner 020 7518 3229 simon.mole@carterjonas.co.uk Peter Spittall, Partner 020 7016 0736 peter.spittall@carterjonas.co.uk Carter Jonas 2014 carterjonas.co.uk