Compulsory Purchase and Compensation Flashcards
What is the difference between a CPO and a DCO?
CPO grants compulsory acquisition rights, whereas a DCO is a consenting process for NSIPs which also grant compulsory acquisition powers
What year are TWAOs and when would you use them?
1992, for projects such as new railways or tramways
What is meant by “meaningful negotiation”?
Acquiring authorities should make meaningful attempts at engagement and negotiation with affected parties, this can also include things like accommodation works
How did you settle the Donkey Sanctuary claim?
Two cuts of hay had been claimed for, however the timings of the works were planned to enable the landowner to take the first cut. Crop loss was also claimed for the entire field rather than just the working area.
What is included in a Book of Reference?
Project broken down into plot numbers, with all category 1 and 2 names and addresses. Description and area of each plot, and category 3 land interests
What is a section 42 notice?
A formal notice to land interests notifying them of a statutory consultation
What is a section 48 notice?
A general notice of statutory consultation for a DCO, not land interest specific
What is a section 56 notice?
Notifying land interests that the DCO has been accepted for examination by the Planning Inspectorate
What is a statutory undertaker? What protective provisions are there?
Bodies who perform obligations under statutory powers, for example utility companies. Asset protection agreements, such as crossing agreements
What is section 88 of The Infrastructure Planning (Examination Procedure) Rules 2010?
Actually section 88 of the Planning Act 2008 - refers to initial assessment and preliminary meeting.
What is the difference between GVD and Notice to Treat?
The notice to treat procedure involves three separate steps: a notice to treat, a notice of entry and a conveyance. The GVD procedure replaces those three steps with one procedure whereby the title in the land vests automatically with the acquiring authority on a specific date known as the “vesting date” (see below). This means that the acquiring authority can obtain title more quickly and in particular without having to settle the amount of compensation prior to the transfer of title
What are the McCarthy rules?
4 tests from an 1874 case which must be passed for a claim to succeed:
1. The IA must be the consequence of the lawful exercise of statutory powers otherwise the remedy is by legal action
2. The IA must arise from that which, if done without statutory authority, would give rise to a cause for action
3. The value of the land or interest must be directly affected by physical interference with some legal right, public or private, that the claimant is entitled to make use of in connection with the claimant’s property
4. The damage must arise from the execution of the works and not from their authorised use
When would you use GVD over NTT?
- certainty about the amount of land to be acquired
- need to grant new interests out of acquired title (e.g. leases to developers or funders)
- don’t want to pay two lots of conveyancing solicitors’ fees
When would you use NTT over GVD?
- need flexibility over exact land amount
- need flexibility over possession date
- need to take entry after the three year life of the CPO
- interest is a “minor interest” of less than a year (or less than a year remaining before expiry). GVD not effective against these interests
What are the Shun Fung principles?
Director of Building and Lands v Shun Fung Ironworks Ltd 1995
* Leading case on disturbance compensation, established the principle that a claimant is entitled to fair and adequate compensation for loss and damage suffered by his/her business as a result of compulsory acquisitions.
* To succeed, a claimant must show:
1. a causal connection between loss and the compulsory acquisition
2. that the loss was not too remote; and
3. that it was one which a reasonable person in the position of the claimant would have incurred
