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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Can a notice to treat be withdrawn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

Occupiers Loss

Planning and Compulsory Purchase Act 2004, 2.5 % of property value upto £250,000