Compulsory Purchase Order Process
The Compulsory Purchase Order process is made up of a number of stages. However it is only when the Compulsory Purchase Order (CPO) has been confirmed by the Confirming Authority, usually the Secretary of State, does an Acquiring Authority have the powers to compulsorily purchase your property. The process leading up to confirmation (Stage 5) can take between 12 and 18 months.
Below is a brief summary of each stage running up to a Public Inquiry:
Stage 1: Formulation
The Acquiring Authority (AA) decide that land is required for a particular purpose or Scheme and that they are prepared to use CPO powers to assist in achieving this. Boundaries are defined and information is gathered
This stage is essentially an information gathering exercise but as part of the process the AA may decide to enter into early negotiations with land owners. Ultimately a CPO is an acquisition by last resort and therefore the AA must demonstrate that it has exhausted all other avenues to purchase the land.
Stage 2: Resolution
A formal resolution is made to use compulsory purchase powers. If the CPO is to be made by a Local Council the Council Executive or appropriate Executive Committee will consider the recommendation to use CPO powers and ultimately grant the resolution to use these powers.
Stage 3: Referencing
This stage builds upon the initial information gathering done in Stage 1, recording ownership and occupational details of the land so as to identify all parties with a legal interest or right to occupy the required land.
Stage 4: Making the Order
Once the referencing has been completed, the AA will make the CPO. The main body of the Order will contain details of the Act authorising the acquisition and the purpose for which the CPO is being made.
When making the Order the Authority will also prepare a Statement of Reasons. The Statement of Reasons will demonstrate that the proposed Scheme and consequently the CPO is in the public interest and will deliver social, environment and economic well-being. These are the criteria upon which a CPO is judged.
Notices will be served on all owners, leaseholders, tenants and occupiers of affected land as well as any party who may have the right to claim compensation because they own rights which will be interfered with or the value of their land will/may be reduced as a result of works carried out.
Within these notices the Authority will specify a time within which objections to the CPO can be made. This must be at least 21 days but tends to be extended to 28 days from the date the notice is published. A single statutory objection will trigger a Public Inquiry
Stage 5: Public Inquiry
If valid objections are received, a Public Local Inquiry will be scheduled and heard by a Planning Inspector. Not later than six weeks after a given date the AA must serve a Statement of Case on the Minister and each remaining objector. This sets out the case to be put forward at the inquiry and justifies the reasons for making the CPO. Copies of all documents referred to in the Statement of Case must be attached, together with a list of any documents which the council intends to refer at the inquiry.
As an alternative to an inquiry, objections can be considered by the Planning Inspector through the written representations procedure.
Objectors can present their own evidence to the Inquiry in support of their objection. The Inquiry will hear the evidence from all parties concerned before the Inspector closes the Inquiry to consider the decision.
Stage 6: Post Inquiry
Following the Inquiry the Inspector prepares a report which is then considered by the Secretary of State, or Confirming Minister for approval or otherwise. The report will make a recommendation regarding the proposed CPO. The Secretary of State will then confirm the Order, confirm subject to modifications or reject the proposed CPO.
If confirmed (with or without modifications) then CPO powers will be confirmed or granted to the AA, who then have a period of 3 years within which to execute the Order.
Latest Case studiesCompulsory Acquisition of an Asset of Community Value (ACV) »
Roger Hannah & Co. has recently advised South Cambridgeshire District Council on a property held as an Asset of Community Value (ACV).A556 Knutsford to Bowden Improvement Scheme »
Following approval granted by way of a Development Consent Order (DCO) in 2014, the new A556 link road officially opened to traffic on 6th March 2017. During this time our CPO team at Roger Hannah & Co has acted on behalf of clients with properties affected by the construction of the new road.HS2 Update – Phase 2B »
Since the route of Phase 2B was announced in November 2016, our specialist team at Roger Hannah & Co has been acting on behalf of a number of clients whose properties are affected by HS2.
Latest NewsSupporting Team BEE Inspired - Race of Remembrance 11/11/18 » 7th December 2018
Marking 100 years of Armistice and then end of World War 1, we sponsor team Bee Inspired to a 12 hour endurance race for a great cause - Mission Motorsport!Promotions of Angela Juszczyk & Steven Whittle » 19th November 2018
We are delighted with the promotions of Angela Juszczyk and Steven Whittle. Both are talented surveyors who deserve the promotion that they have achieved. As a business we are continuing our rapid growth with our 50 plus strong team providing property services across the North West region and nationwide. We anticipate this growth continuing throughout 2019.Roger Hannah & Co Boosts Team With Senior Promotion » 13th November 2017
We are delighted to announce the promotion of Stephen Lashmar to Director to mark his contribution to Roger Hannah & Co.
Meet Our Team
The CPO Process
Objecting to a CPO
Residential Property and CPO
CPO and Business
Frequently Asked Questions Compulsory Purchase News Recent Case Studies