Flashcards in Compulsory Purchase Deck (23)
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1
Two pieces of legislation needed for compulsory purchase
Public General Act
Compulsory Purchase Order
2
Legislation governing public inquirries
Compulsory Purchase (Inquirries Procedure) Rules 2007
3
When confirming CPO what must Inspectors provide
Consent
Consent with ammendments
Notification to all parties who have registered an interest or went to the public inquiry
4
Legislation for assessing compensation
Land Compensation Act 1961
Compulsory Purchase Act 1965
Land Compensation Act 1973
Planning and Compensation Act 1991
Planning and Compulsory Purchase Act 2004
5
4 methods of A/A taking possession
Blight
Agreement
Notice to Treat and Notice of Entry
General Vesting Decleration
6
Notice to Treat
served under s.5 CPA 1965
1 - land description
2 - demand details of recepients interest in land
3 - demand details of recipients claim
4 - provide a written statement that the AA are willing to treat for the land
7
How long after a CPO is confirmed must a Notice to Treat be served
3 years under s.182 Housing and Planning Act 2016
8
Can a notice to treat be withdrawn
Yes, under s. 193 of the Housing and Planning Act 2016,. The A/A must compensate claimants for the fees which they have accumulated due to the scheme
9
Notice of Entry
section 11 of the Compulsory Purchase Act 1965
10
Notice needed between notice of entry and possession
3 months, s.186 of the Housing and Planning Act 2016.
11
When are advanced payment due
Claimants must request the payments when the Notice of Entry is served, the AA then have 28 days to ensure they have all of the correct details and make the payment
12
Notice of Entry - no access is taken
If after 3 montsh of a Notice of Entry being served the AA have not taken access the Claimant can serve a counter notice on the AA requiring them to take possession.
13
What legislation governs General Vesting Declerations?
Compulsory Purchase (Vesting Declerations) Act 1981
14
GVD Use
on a set date the property title is automatically trqansfered to the AA
generally used where there are lots of owners or where the owners cannot be identified
15
GVD process
1 - notice of intention - serve on all known owners and advertise it on the land
2 - Execute the decleration - ensure a 2 month advertiesment period has been met.
3 - Notice of making the GVD. the AA must respond to all parties who rresponded ot the NoI - the GVD takes effect 3 months later
16
Compensation Under a GVD
Compensation is payable at the same rate as if a Notice of Entry had been served.
17
What act allows claims for severance and injurrious affection
s.7 Compulsory Purchase Act 1965 (Owner Occupiers)
s.20 Land Compensation Act 1973
18
What is a part 1 Claim
Claims for parties who do not lose land but are physically impacted by the scheme
19
Compensation for planning blight
s.158 - 160 Town and Country Planning Act 1990
20
Re-organisation payments for AHA Tenants `
Agriculture (Miscellaneous Provisions) Act 1968 s.12
21
Homeloss Payments
S. 68 & 69 Planning and Compensation Act 1961
22
Basic Loss
Planning and Compulsory Purchase Act 2004
7.5% of property value up to £75,000
23
