Can you stop a compulsory purchase order?

Can you stop a compulsory purchase order? 

In short, the answer is ‘yes’ but, to be transparent, in the majority of cases, the compulsory purchase order (CPO) goes through.  A CPO is a very difficult process to stop.  When your local council, a development agency or infrastructure provider, known as the acquiring authority (AA), applies to the Secretary of State for a compulsory purchase order, an overarching principle is that the public gain must outweigh the private loss. This means the benefits from the development to the community / society at large are greater than the private loss to the individual, i.e. your house or business. They can usually meet this test.   

But there are cases of CPO’s being objected to successfully which means you will keep your property. Two recent examples of this include the rejected  Barking Town Centre CPO  and Nicholsons Shopping Centre Maidenhead CPO. Olden Property acted for objectors on both of these schemes.    

 Let’s examine the process of how objections work.   

Objecting to a CPO 

A property owner or occupier can object to a compulsory purchase order after it has been made by the acquiring authority. There is a tight timeframe however, usually of 21 days from the date the order is a made. Within this narrow timeframe it is important that you make an objection on the correct basis.   

Objections usually take three forms: 

• You agree with the AA’s proposal but would like minor amendments made to reduce the impact on you and your property; 

• You agree with the AA’s proposal but think it should be located elsewhere; 

• You completely object to the proposal. 

It is important to note that any objection around the value of property or compensation is likely to be disregarded. Any dispute you may have around compensation is dealt with at a later date at Tribunal. This could be years after the CPO was made by the AA and is of little comfort to many people affected by CPO. By the time you get an opportunity to take you grievance to Tribunal, your property will already have been taken.  

Should you Object to a CPO? 

In a word, yes. A simple rule of thumb, if you haven’t reached agreement in advance of the AA making their compulsory purchase order, you should object. You objection could simply be a letter of objection and will need to be on the following lines.  

• The lack of a compelling case in the public interest.  

• There has not been a balanced view between the intention of the acquiring authority and the concerns of those whose interest in land is being acquired compulsorily. 

• The acquiring authority has not provided sufficient reassurance that all the necessary resources are available to achieve the development of the scheme within a reasonable timescale. The scheme is not viable.   

• There is not sufficient evidence that the public gain resulting from the scheme to which the CPO has been made outweighs the private loss.   

• The acquiring authority has not made sufficient effort to acquire the Property via private treat and the Order is premature and unjustified.  

Progressing an objection to a CPO to a public inquiry with the aim of preventing it going ahead or amending it is not for the faint-hearted and I would strongly recommend that you take professional advice from a chartered surveyor and or solicitor specialising in planning law.  Objecting to the order should make the AA more inclined to negotiate, it will certainly open better dialogue in a situation where there has not been enough, which is common.  

You can approach it on your own but to improve your chances of success, you will need experience and expertise on your side.  Ultimately, the Secretary of State is signing off on the CPO, giving it the green light or not so this is a heavyweight contest.  It might be you against your local council, but the government is involved. 

There is a definite and clear process to objecting to a CPO and it may result in an inquiry.  It all begins with an objection in writing within a specified time period.  The address to which you send the objection and time period are included in the notice that you receive about the CPO.   

You can write the objection or a professional can; if you write it, I advise that you speak to a chartered surveyor first.  The letter must address the acquiring authority’s Statement of Case for the CPO and your objection must be clearly stated and explained.   

This is an emotive subject for property owners and emotions may spill over into the objection.  A chartered surveyor will represent you in an objective way ensuring that the letter is written in a professional, clear and impactful manner.  

Public Inquiry 

If your objection is not resolved (and remember you can’t object to issues around compensation) then the Secretary of State will call a public inquiry.  If you haven’t employed the services of a chartered surveyor and you are representing yourself throughout the process, you can attend the inquiry in person or not; your written objection will still be taken into account in your absence.  If possible, it’s better to attend to demonstrate your commitment to the objection.    

However, now that you’ve reached inquiry stage, this is the time to have your voice heard and for your case to be made.  It is also a good time to ramp up discussions with the AA to try and see if an agreement can be reached. Chartered surveyors like me have years of experience under our belts; we have examples of past CPO cases that we can use (you may be able to research some of these online yourself, I should add).   

If you can, I would strongly recommend employing a professional to help make your case. 

Objection costs 

Making an objection against a CPO can be expensive especially if you go to Inquiry stage: it’s stressful and takes its toll physically and mentally but it may well cost you financially too.  

You can make a claim for costs if the objection is upheld, meaning if you ‘win’ (the CPO doesn’t go ahead or is reconsidered based on your arguments.)  If your objection is not accepted and the compulsory purchase order proceeds, then you will have to pick up the costs yourself, this is a very important consideration.  

Olden Property has been advising property owners affected by Compulsory Purchase for over fifteen years. We can advise residential and commercial property owners on negotiations in advance of a compulsory purchase or after the order has been made. With our expertise in compulsory purchase legislation and valuation we will ensure you achieve the full market value of your property in addition to all the statutory compensation you are entitled to. We are well equipped to negotiate effectively on your behalf. There is a statutory obligation on councils etc that your fees associated with dealing with a CPO are paid by the acquiring authority. There should be zero cost to you in dealing with a compulsory purchase order.              

I hope some of the information above is useful. Please get in touch if you or your clients are faced with the prospect of a CPO. A free 30 phone call will alleviate any concerns you may have.

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