Compulsory Purchase Order....Help needed pls

[The Stig]

Hi all...Does anyone know anything about CPO's??

 

I live on a fairly quiet lane, about 10 houses plus farm access....& to cut a long story short:-

 

A developer has recently had planning permission refused to build 6 additional properties on the plot of an existing house . The primary reason for refusal was 'highways' because access to the lane is via a sub-standard junction (poor visability in both directions).

 

Unfortunately however, the developer is quite well known in the area for getting his way and confidently had detailed plans drawn up for each house from day1. It's also prompted 2 other owners to consider developing their sites

 

He has now approached the 2 plots either side of the junction offering to buy a section of their land, thus enabling him to significantly improve the junction and clear the way for his development. Despite making it financially attractive neither plot particularly want to sell because it will radically change the little community.

 

The developer has told them they should accept his offer because if they don't a CPO will be issued and then they won't get anything like what he's offering. Needless to say, he's trying everything he can to get what he wants. They are now worried if they don't sell to him it will be a lot worse later and the houses will be built regardless.

 

We're also worried that if this junction is 'improved', the owner of the first field will re-apply for permission for 70+ houses...this was rejected about 8 years ago for the very same access problems.

 

Thanks for taking the time to read this...Any help very much appreciated!

 

....I can't believe this bully boy developer can behave this way and get away with it?

[blitz]

After searching through google it seems its a lengthy process and has to be approved by the secretary of state, after going through a public enquiry (if objections are made which I am sure they will, and also you do not have to be living on the land to make an objection)

 

 

Compulsory Purchase is a legal process. The basic steps are as follows:

1. The City Council authorise an Order.
   
2. The Order is made and submitted to the Deputy Prime Minister and Secretary of State.
   
3. Notification of the Order is served on all those having an interest in the land.

You can't just issue a CPO its not given out like candy, as it is a very serious proposal. Its best to research this developer check to see if he has had a CPO issued in the past, talk to neighbours of nearby developments.

 

If the access to the road is improved, your council may find that the housing will be benifical to the community, and of course more council tax, which could be unfortunate to you. Juts make sure you always object to any plans which may ruin your community.

[buzby]

A developer cannot raise a CPO, this just seems to be a scare tactic to promote compliance. It might happen for a hospital, school or other public building, but to improve a junction so a private developer gets the geen light to build houses? Somehow, I don't think so!

[Seminole]

I would ask him to put all of this in writing and then ask your local council's planning department for their view.

[The Stig]

Thanks guys!!

 

That's some really good advice. I'll definitely follow up.

 

So can a developer even apply for a CPO? I get the impression it would need to be done by local authorities because it's for the greater good of the community & not private financial gain.

 

I'm going to phone the local planning dept in the morning for their views.

 

One of the corner plots is owned by an 87 yr old so the developers high pressure tactics are quite frightening/effective....

[bottomburp]

deleted

[blitz]

Private developers can indeed be granted CPO's should the council feel necessary.

Case study: 27/06/2003 Tesco development, Prestatyn

 

this page is proberley the most helpful and detailed about CPOs and lists the law about the orders etc.

Circular 02/03: Compulsory purchase orders - Communities and Local Government

 

Unfortunately it also seems to sudgest private developers can force you out of your homes. Whilst a developer can't apply for one, if the council approves the plans and wants them to go ahead they can apply for one.

[buzby]

Private developers can indeed be granted CPO's should the council feel necessary.

Case study: 27/06/2003 Tesco development, Prestatyn.

 

No they can't! The instance you provide shows that the council used a CPO to purchase land for the benefit of Tesco, and as a Council they (alone) have the powers to do this. As for any private developer having these powers, I've found none.

[blitz]

they don't but, but tesco submit a planning permission request, and it seems that council felt in the best interest to grant this request and use a cpo to see it fufilled, refer to the second link. They don't have the power to issue a cpo, but the council can.

7. The acquisition of land for housing development is an acceptable use of compulsory purchase powers, including where it will make land available for private development, or development by Housing Associations. Section 17(4) of the 1985 Act provides that the Secretary of State may not confirm a compulsory purchase order unless he is satisfied that the land is likely to be required within 10 years. The Secretary of State would not normally regard compulsory purchase as justified where development will not be completed within 3 years of acquisition. In formulating their proposals English authorities may wish to ensure that disposal would be within the time-scale provided by the Capital Finance Regulations.

 

Its unlikely but it can happen, if theres even a small chance that a cpo can be issued I don't want to say theres no chance of him gaining a cpo when a copy of even the law above mentions private developers. As its then false hope, and your defenceless

[buzby]

Absolutely - but there's a considerable difference between Teco doing a deal with the Council for the common good, than a private developer threatening that they will get a CPO for land to create a road widening to permit further private housing development. I see this for the [problem] it is, so the OP should have nothing to worry about!

[StudentInDebt]

Being an avid reader of Private Eye's "Rotten Boroughs" column (thats enough advertising - Ed) it is not unknown for local developers to have friends on council planning committees who go out of their way to help their wealthy mates.

[buzby]

Agreed - but it has become considerably more difficult as transparency and the Internet make these shady deals verry difficult to pull off. With a public enquiry almost mandatory for a CPO, the matter will be oput the hands of the Council and developer, so giving complainants a fresh crack of the whip!

[bathgatebuyer]

The CPO is invariably a long and complex one which is scutinised at almost all levels and would make it almost impossible for the even the greasiest of Councillors to be able to influence it without it being picked up on during the process. I'm about to start to start an acquisition through CPO for a bridge strengthening project and the law is unbelievably complex that I've almost got a hernia just reading the case material.

 

[Guest strangewayofsavin]

Hi, Go to the deputy prime ministers web site and view a white paper called PPG3 (planning guidelines 3), This is the guide that all planning authorities must work by, read it carefully to see if there is anything to help stop planning consent been given in the future. A powerful word used to succesfully object/grant planning permission is "sustainability" (for the area concerned), also go to your local planning officer and ask if there are any tree preservation orders in the area of the planned development, if there is this can halt any development of the site, but do it before the developer applies again.Also check with your neighbours to see if there are any conditions on there property deeds, these can sometimes state that there can be no development on that plot, they can be removed but it's very expensive. Finally check with your local widelife trust, if by some chance you have an endangered speices living in your area, this can be a great help to stop developers especially with the local widelife trust on your side, At present some types of Newt, and some kinds of birds are ferosiously protected.

[Movingon]

You are not The Stig. I am The Stig.

 

I would think that the Council will take an extremely dim view of this developer trying to bully their locals. I would follow the process outlined above; and even if you cannot get the guy to commit his thoughts in writing, write a letter to the council and the local parish paper/local area rag asking for advice on his tactics. He could even be close to infringing the Protection from Harrassment Act if he continues to badger people.