A Compulsory Purchase Order “CPO” is most often heard of for new utility and infrastructure projects such as the A487: Caernarfon to Bontnewydd bypass. A CPO is made by an acquiring authority when a public or private construction project is considered nationally significant for social and economic change, the acquiring authority often includes the Government, Council, or a utility company.
Before a CPO is issued an acquiring authority should make meaningful attempts at engagement and negotiation with affected parties. On occasions and in the correct circumstance early agreement can be reached before a CPO is issued.
The law on Compulsory Purchase ‘CP’ is complex and early professional advice is vital where compulsory purchase powers may be exercised. Baileys and Partners have considerable experience in negotiations, valuation and CP matters. The process can be a distressing time for clients, our empathetic team listens to clients concerns and delivers clear advice and support throughout the process of engagement, negotiation, acquisition and compensation, agreeing accommodation works and identifying potential tax implications.
Assessing compensation for land taken is set out under the ‘Compulsory Purchase Code’, with the underlying rule of CP being the principle of equivalence, meaning that property owners or those with interest in property are in no better and in no worse position financially after the acquisition.
Compensation for land take is only one element of a compensation claim. We would also consider and make a claim if appropriate for severance, injurious affection, disturbance, loss payments and accommodation works, for example installing new water connections, new access points and shelter.
Reasonable surveyors’ fees incurred in preparing and negotiating a compensation settlement together with solicitors’ fees for conveyancing is normally paid by the acquiring authority. Early engagement of a professional for advice on Compulsory purchase matters is key. If you would like to discuss a compulsory purchase matter in more detail then please do get in touch with the team at Baileys and Partners: 01341 241700 enquiries@baileysandpartners.co.uk
