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APC Valuation Pathway 2025 Sitting 1 > CPO > Flashcards

CPO Flashcards

(42 cards)

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1
Q

What is the Principle of Equivalence?

A

Horn v Sunderland Corporation.
Rights to claim no greater or less than the loss

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2
Q

How can you enact a CPO

A
  1. General Vesting Declaration
  2. Notice to Treat
  3. Develolment Consent Orders
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3
Q

How are CPOs implemented?

A

Act of Parliament by Government Departments
Statutory Instruments by Local Authority

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4
Q

What are the 4 Heads of Claim

A

Value of Land Taken
Disturbance Payments
Loss Payments
Severance and Injurious Affection

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5
Q

What is a Notice to Treat

A

Section 5 of CPO Act 1965
Formal invitation to negotiate land value

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6
Q

What is a General Vesting Declaration

A

Compulsory Purchase (Vesting Declarations) Act 1981 (land was 2017)
Automatically acquire on a certain date

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7
Q

What is a Devlopment Consent Order

A

2008 Planning Act
Temporary use of Land for nationally significant infrastructure projects

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8
Q

What are the Six rules of compensation

A

Section 5 Land Compensation Act 1961
NOSIED
No allowance for compulsion
Open Market Value
Ignore Special Suitability
Ignore illegal use
Equivalence
Disturbance does not affect OMV

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9
Q

What is Disturbance

A

Cost and losses as a result of being disturbed.
Must be occupiers or property owner

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10
Q

How do you Assess Disturbance

A

CRB

Casual connection
loss not too Remote
claimant Behaved reasonably

Rules are from:
Director for buildings and land V shun Hung ironworks 1995

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11
Q

Betterment

A

Section 7 LCA 1961
Enhancement if value of retained land deducted from compensation.
Amendments were made to clarify in Highway Act 1980
Neighborhood Planning Act 2017
Levelling up and Regeneration Act 2023

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12
Q

Rules for Betterment

A

SAM
Same ownership of Land taken and remaining land
Adjacent or Contiguous
Must have been held on date of notice to Treat

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13
Q

Severance

A

Separation of Land which are devalued as a result

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14
Q

Injurious affection

A

Actual or anticipated devaluing if retained land

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15
Q

Severance rules

A

PUMF
Proximity of Land
Use to which the lands are put
Must own land taken and retained
Functional and planning connection

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16
Q

What are the standard Injurious affection claims?

A

5-15% of Land value
20-25% maximum any higher and claim of blight.

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17
Q

When can you claim Business disturbance

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A

Must be total extinguishment or relocation or claimant over 60 years old. Claimant must mitigate losses

18
Q

What is Residential disturbance and what can you claim?

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A

Compensation for reasonable costs.
Moving costs. SDLT. Loss of earnings. Required adaptations.

19
Q

What is the legislation for Part 1 claims

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A

Land Compensation Act 1973

20
Q

What are the 7 physical factors for LCA 1973

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A

Noise
Vibration
Artificial Light
Discharge of Liquid or Solid
Smell
Smoke
Fumes

21
Q

What are the relevant Dates for Part 1 claims

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A

1 year and 1 day from date scheme is complete and claimed within 6 years

22
Q

What is the Qualifying interest for part 1 claims?

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A

Residential freehold before scheme or AST of no less than 3 months

23
Q

What are the Crichel Down Rules?

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A

Land should be offered back to original owner at current market value. Public enquiry 1954.

24
Q

Statutory Loss Payments

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A

HOB

Home loss payment (LCA 1973) (10%. Min 8100 max 81000)
Occupiers loss (planning and compulsory purchase act 2004) (2.5% max of 25000. £25/m2 buildings 2.50/m2 or 2500 for land)
Basic Loss Payment (planning and compulsory purchase act 2004) (7.5% up to 75000)

25
What is Blight
Value of a property substantially reduced due to a CPO scheme. Owners unable to sell at pre scheme price or market value.
26
What is the process for Statutory Blight and the relevant legislation
Town and Country Planning Act 1990. Property owners serve on relevant authority. Obligated to purchase at fair market value if not objected within 2 months.
27
What is Generalised Blight
Don't meet requirements for statutory blight. But market uncertainty from CPO scheme. Claim based on actual or assumed depreciation.
28
Section 10 LCA 1965
Even where no land is taken for scheme claims for injurious affection.
29
What is Home Loss Payment
Land Compensation Act 1973 sum of money paid to individuals who are displaced from their homes due to compulsory purchase
30
What is Basic Loss Payment
Planning and Compulsory Purchase Act 2004 statutory payment made to owners or tenants of property that is compulsorily acquired
31
What is Occupiers Loss Payment?
Planning and Compulsory Purchase Act 2004 to any person who satisfies the conditions for the basic loss payment and who has also occupied the land being acquired for a period of no less than a year
32
Any RICS guidance?
Proffessional Standard: Surveyors advising in respect of compulsory purchase and statutory compensation, UK 2nd edition (Dec24) The standard sets out 21 mandatory professional behaviour and competence expectations of RICS members
33
What rules are set out in Surveyors advising in respect of compulsory purchase and statutory compensation, UK 2nd edition (Dec 24)
Duty on providing advice Acceptance of and changes to instructions Inspections Reports Claims and Negotiations Fees
34
Practice statements proffessional standards
Practice statements advisory. Priffessional standards are mandatory.
35
What to discuss with client before date of entry?
Anticipated devaluing of Land. Accommodation works to reduce the impact.
36
What is advance compensation and when can it be paid. What are the limits.
Advance compensation is an estimate of the potential compensation due. Cannot be paid before the date of entry and a max of 90% of anticipated claim value
37
When is interest Chargeable on compensation?
From the date of entry until compensation paid
38
Profit valuations what is required?
3 years worth of accounts were not able to supply so checked other local caravan parks and reviews to see if impacted
39
Regulations for advance payments?
Section 51 LCA 1961
40
What is ransom land?
Land that is adjacent or Contiguous to development land and may be required for access or other reasons. Stoke v Cambridge case noting 33% increase on market value but there was already alternative access.
41
Mccarthy Rules what are they?
Section 10 of 65 act. Relating to injurious affection where no land is taken.
42
Advanced compensation payments legislation and levels
Section 52 LCA 1973 and at 90% of anticipated compensation

APC Valuation Pathway 2025 Sitting 1 (7 decks)

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