Reacting To A CPO – What Do You Need To Do?

In the second of our series on compulsory purchase, we turn to what you should do if your property is at risk of compulsory acquisition.

The first thing to do is brace yourself - the process is long, often slow and can frequently feel stacked against you. There are, though, key steps which can, and should, be taken to minimise any negative impacts.

It's good to talk

It's imperative to engage with the acquiring authority (i.e. the authority with the compulsory powers). It may be that, in discussing why the acquiring authority needs your land, there is in fact no need for compulsory acquisition - if, for example, it is only required temporarily for a site compound and you're willing to grant those temporary rights of use. If the acquisition isn't avoidable, you may at least be able to agree the terms (including the timing of) any transfer, helping to maintain some control of the process, and minimising disruption to your business.

Tactical objections

It is very rare for an objection, or even multiple objections, to put a stop to a CPO. So why bother? Given that an objection by a landowner can compel an inquiry, if used wisely it can significantly enhance your position.

An acquiring authority will usually want to minimise the number of objectors by the time the inquiry arrives for a variety of reasons. Shorter inquiries are usually cheaper and the authority may be concerned about the PR harm of significant objections. If an inquiry can be avoided altogether, more the better. So an acquiring authority is often most willing to reach agreement with landowners during this crucial window. In fact, in recognition of these benefits, government guidance even confirms that it may be "best value" for an authority to pay slightly more than may otherwise be due to a landowner, to remove their objection before the inquiry.

And a "deal" needn't always be about compensation - it may be that your primary objective is protecting the operation of your business. Examples of benefits we've secured during this crucial time include protecting retail tenants by preventing acquisition of their units until after the festive period, and avoiding significant highways works which could deter shoppers.

Laying the foundation for a robust claim

Given the complexity around CPOs, having an expert team to support you is imperative. As well as good legal advice, this will usually include a specialist valuer, able to navigate the many nuances of CPO...