Compulsory purchase

newmug

Hi all. I want to know how I can see if a town or county council has any plans to buy land by compulsory purchase. I'm not asking for advice, just casual opinions.

Recently, the town council started putting a path along the roadside, which borders my property. To my sense of disturbed disbelief, they put two "entrances" in the path, ie a dipped section of kerb, facing onto my property, just straight into the hedge. One of the engineers quipped that the council were "lining up" to buy my property and the adjoining three properties by compulsory purchase soon. There was an awkward silence as all the workers looked at each other, then the engineer laughed sheepishly and walked off.

Call me paranoid, but I want to find out whats going on. Word of mouth from council workers is no good. I need to find out what the concrete procedure is for deciding to compulsorily purchase somebody's land, who makes that decision, how it can be reversed etc. Any opinions or ideas greatly welcomed. - Newmug

rcdk1

Go talk to the local Area Engineer would be the easiest and most direct approach.

In relation to CPOs in general, councils generally have to go through a Part8 planning process to CPO land, so there's no fear of them arriving one morning with a track machine and knocking your house :-)

You can also check the council website for the Local Area Plan and see if there's any planned development near you.

What size is this dropped kerb anyway? If it's around 4 feet then it's just a pedestrian crossing.

newmug

rcdk1 wrote: »

Go talk to the local Area Engineer would be the easiest and most direct approach.

In relation to CPOs in general, councils generally have to go through a Part8 planning process to CPO land, so there's no fear of them arriving one morning with a track machine and knocking your house :-)

You can also check the council website for the Local Area Plan and see if there's any planned development near you.

What size is this dropped kerb anyway? If it's around 4 feet then it's just a pedestrian crossing.

Thanks for that RDCK1. With this council, I wouldn't put it past them! The two drops are about 12 feet across each, about 80 feet apart. They just open onto a hedge, and behind that is my garden, just green grass. I have a long narrow garden behind the house, as do all the neighbours along the street. Its bizarre, why are they doing this?

Pkiernan

Speaking from direct experience with 2 CPOs on seperate properties:

1. If the Council decide thay want it, they will ultimately get it.

2. The procedure is that you will be sent a CPO notice in the post - usually registered.

3. You then have the right to object to the CPO. If you do not object, then the council will proceed with the CPO without further contact with you until they take possession of your land.

4. You will meet with your Council reps who will listen to but usually ignore any reasons to your objection.

5. You have the right to request an oral hearing (expensive) and if this does not go your way, you can make an application to the High Curt to have a judicial review (more expensive).

6. Before any compensation begins, they will serve a "notice to treat" at which point you will be required to declare your interest in the lands in question, and to submit your valuation.

7. They will then take ownership of the property - before any payment is made. The date they take possession is important (more later).

8. They will make you a lowball price offer, based on their evaluation of your land/property. They retain a local real estate agent for this.

9. You can accept this offer, or request independent arbitration after 14 days of the notice to treat.

10. When you are eventually compensated for your property, your are entitled to interest (at local bank rates) from the date the possession of your land was taken.

It can a horrible, depressing and frustrating procedure, and shows that you effectively have no way out if the government wants your land.

Be advised that you may be waiting YEARS to get compensation.

newmug

Bloody hell, this is scary. They have now put up bollards along ALL the paths in the area, EXCEPT for the stretch of path between my garden and the street. Engineers etc. are just impossible to find, theres nobody to ask about this, it really looks like they have plans afoot. There must be a step-by-step procedure that they have to follow before they send me a CPO, how do I find that?

Pkiernan

newmug wrote: »

.... There must be a step-by-step procedure that they have to follow before they send me a CPO, how do I find that?

There isn't.

They will send you a latter stating that they intend to CP your property.

Del2005

newmug wrote: »

Bloody hell, this is scary. They have now put up bollards along ALL the paths in the area, EXCEPT for the stretch of path between my garden and the street. Engineers etc. are just impossible to find, theres nobody to ask about this, it really looks like they have plans afoot. There must be a step-by-step procedure that they have to follow before they send me a CPO, how do I find that?

Have you searched the councils web site or googled your address?

They will usually have it buried in a report somewhere what they are planning. Other then that I'd say you'll have to wait till the new year and try and reach someone.

WildOscar

FOI Request?