Objecting to a CPO
We usually recommend potential claimants object to a compulsory purchase order. By doing so claimants become a statutory objector to the proposed compulsory purchase order, obliging the Secretary of State to hold a Public Inquiry where the merits of the proposed Order can be properly examined.
Not only does an objection give the claimant a possibility of defeating the Acquiring Authorities plans via a public inquiry, but also it can significantly improve the negotiation position of a claimant. Acquiring Authorities often properly engage with objectors providing a platform for discussion.
Care must be exercised in the preparation of objection letters. Certain grounds of objection can be dismissed. The objection letter needs to be comprehensive and take full account of the acquiring authority's Statement of Case. It should set out the principle grounds of objection in a manner that will maximise the potential for success at Public Inquiry.
Roger Hannah & Co are experienced at preparing objection letters on behalf of claimants and can provide the professional advice required.
Statistics show that in 2014, 33% of planning CPO’s were either defeated, confirmed with modification or the acquiring authority withdraw the CPO before it could be considered.
How Planning CPO's were Determined
Simon Cook, Director of Compulsory Purchase at Roger Hannah & Co said:
“These figures make quite fascinating reading. It demonstrates that objectors are still able to defeat CPO’s or achieve modification. To have any prospect of achieving change it is essential to achieve proper advice.”
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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.
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On 1st October 2017 the Home Loss Payment (Prescribed Amounts) (England) Regulations 2017 (No.769) came into force.Compulsory Purchase Roadshow Workshop » 18th August 2017
Roger Hannah & Co have taken to the road with TLT Solicitors and Barton Wilmore to deliver a series of interactive workshops for Local Authorities focusing on the use of compulsory purchase powers.
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The CPO Process
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