A Compulsory Purchase Order Timeline
How long will this Compulsory Purchase Order take? It depends on who you ask but generally the answer is ‘too long’. The following is a broad breakdown of the various stages of a compulsory purchase order.
Stage 1 : Pre CPO - There are a number of phases in the life of a compulsory purchase order. Before a Council (or developer as joint venture partner) can confidently make a case that the compulsory purchase order is essential or the ‘last resort’, they will need to prove they have attempted to acquire the Property by agreement. This period we refer to as the ‘pre CPO negotiations stage’ could last one year or it could last twenty one years. In my view this is one of the biggest problems with CPO, homeowners, investors and small businesses can be left in limbo, waiting for the certainty of a compulsory purchase order unable to make any firm decisions or force the Council to purchase their property.
Stage 2 : Objection Period - Once the compulsory purchase order is made, there is a 21 day window to object to the CPO. This time period can be extended in certain circumstances.
Stage 3 : Pre Inquiry - Once an objection from a statutory objector has been submitted there is an obligation on the Secretary of State to hold a Pubic Inquiry. The time between the deadline for objections and the start of a public inquiry is not a fixed amount of time but is usually in the region of three to four months.
Stage 4 : Public Inquiry - The length of time of it will take to hold the Public Inquiry for the compulsory purchase order is largely dependent on the size of the scheme. The larger the scheme the longer the public inquiry. For example a Public Inquiry at Woolwich where there are 52 freehold interests and 160 leasehold/occupational interests within a 2.3 hectare site of mixed use retail, industrial and residential property included in the CPO redline boundary. This I would consider a large compulsory purchase order started on 7 February 2023 and closed on 24 March 2023.
Stage 5 : Post Inquiry - Once the public inquiry has been held, there is then a period of time between its conclusion and the decision. Again this is not a fixed time period but it is reasonable to assume the decision should be possible in two to four months for most CPO’s. At Woolwich Exchange the decision to confirm the CPO was made in September 2023, so six months.
Stage 6 : Post Decision - The CPO may or may not be confirmed. We will assume it has been. From this date there are again a number of timelines. The acquiring authority could serve notice on the Property owners and take the Property in as little as three months. However, the acquiring authority could choose to delay serving notice on the property owners for as much as three years. They could then serve notice and wait another three years before they take possession – that would be six years after the CPO was confirmed by the Secretary of State !
Apologies if the timeline above is too wide ranging but this is the nature of compulsory purchase. If you have any questions with any of the information above and would like to know then best action to take at each stage – please get in touch.