Can I Object to a Compulsory Purchase Order?

Receiving a letter suggesting that your property may be affected by a Compulsory Purchase Order (CPO) can be alarming. Many property owners assume that once a public authority decides it wants their land, there is little that can be done.

In reality, there is often an opportunity to object to a Compulsory Purchase Order and have those objections considered before the scheme proceeds.

What Is a Compulsory Purchase Order?

A Compulsory Purchase Order is a legal mechanism that allows certain public bodies, such as local authorities, government agencies and infrastructure providers, to acquire land without the owner's agreement.

Compulsory purchase powers are commonly used for:

· Road improvements and highways schemes

· Housing developments

· Regeneration projects

· Railway infrastructure

· Utilities projects

· Schools, hospitals and other public facilities

Before a CPO can be confirmed, the acquiring authority must demonstrate that there is a compelling case in the public interest.

Can I Object to a CPO?

In most cases, yes.

Once a Compulsory Purchase Order is made, affected owners and occupiers are typically notified and given an opportunity to submit formal objections.

Common grounds for objection include:

· The scheme is unnecessary or unjustified

· Alternative sites are available

· The extent of land being acquired is excessive

· The public benefits do not outweigh the harm caused

· The acquiring authority has not properly considered alternatives

· The impact on residents or businesses has been underestimated

It is important to understand that objections generally focus on whether the acquisition should proceed, rather than the amount of compensation that may be payable.

What Happens After an Objection Is Made?

If objections are not withdrawn, the Secretary of State may decide to hold a Public Inquiry.

At the inquiry, objectors have the opportunity to present evidence explaining why the CPO should not be confirmed.

The acquiring authority must then justify the scheme and demonstrate that the public benefits outweigh the disadvantages.

Following the inquiry, an Inspector will make recommendations before a decision is issued.

Will Objecting Stop the Scheme?

Not necessarily.

Many major infrastructure and regeneration projects ultimately proceed despite objections. However, objections can result in:

· Changes to the scheme design

· Reduction in the land required

· Additional mitigation measures

· Improved access arrangements

· Better consideration of affected owners and occupiers

In some cases, objections have resulted in schemes being amended or abandoned altogether.

Should I Still Negotiate If I Object?

Yes.

Objecting to a CPO and negotiating compensation are not mutually exclusive.

Property owners should generally seek professional advice as early as possible. Whilst an objection may be ongoing, it is often sensible to engage with the acquiring authority regarding valuation, compensation and potential accommodation works.

Early engagement can help preserve your position regardless of whether the scheme ultimately proceeds.

When Should I Seek Professional Advice?

The earlier, the better.

Many property owners wait until a formal CPO is confirmed before seeking advice. By that stage, opportunities to influence the process may have been missed.

Surveyors, solicitors and planning consultants can all play an important role depending on the circumstances.

A Chartered Surveyor can advise on the potential impact on your property, compensation entitlement and negotiation strategy, whilst solicitors and planning consultants may assist with legal and planning-related objections.

How Can Olden Property Help?

Olden Property advises property owners, businesses and occupiers affected by compulsory purchase schemes throughout the South East.

We can assess the likely impact of a scheme, advise on compensation entitlement, liaise with acquiring authorities and work alongside solicitors and planning consultants where objections are being considered.

If your property has been identified for acquisition, or you have received correspondence suggesting that a Compulsory Purchase Order may affect your property, we would be pleased to discuss your options.