Matthew Bodley Consulting offers the full range of compulsory purchase and compensation services whether you are seeking to promote a compulsory purchase order or you own or occupy a property which could be affected by one.
Services to CPO Promoters and their Development Partners
Compulsory purchase is essential to many regeneration and infrastructure projects as these schemes cannot proceed without the certainty that all of the land required for the scheme can be brought under the single ownership and control of the developer. It is a technical legal process, however, it is only one element of the wider development process alongside the other key elements such as planning, funding and the legal arrangements between the parties and funders involved in the project. The CPO process needs to be effectively project managed alongside the other elements of the project.
It is vital for the success of any project involving third party acquisitions to think about CPO early in the process and put a CPO strategy in place and ensure that it is effectively project managed from the outset. Failure to do so is likely to lead to delays and could ultimately result in failure of the project.
The services that we can provide to the promoters of CPOs and their development partners are as follows:
- Strategic and procedural advice on the powers available and guidance on how to implement them and timing implications
- Advice on the contractual and practical arrangements between public authority and developer
- drafting of a CPO indemnity agreement
- Valuations and compensation estimates
- Defining the CPO boundary
- Contact with affected parties
- Private treaty negotiations with landowners and occupiers
- Assisting authorities with justification for CPO, briefing members and drafting reports
- Project management of the CPO process and co-ordination with associated activities
- Drafting Statement of Reasons and Statement of Case
- Responding to blight notices
- Reviewing objections and negotiating with objectors
- Preparing and presenting evidence at hearings and public local inquiries
- Advice on the implementation of powers and taking possession
- Dealing with advance payment requests
- Negotiating compensation settlements
- Preparing evidence and appearing at the Lands Chamber of the Upper Tribunal to determine compensation in cases where it cannot be agreed by negotiation
Services to Claimants
Whether it’s your home, your business or an investment, having your property included in a CPO can be a very stressful and uncertain time. Compulsory purchase is a complex and technical legal process and the majority of people affected by CPOs have no previous knowledge or experience. It is important to understand at an early stage how the CPO could affect you, what your rights are and whether there is anything you can do to reduce the impact of the CPO.
It may be possible to remove your property from the CPO completely or change the way that the CPO is implemented in order to reduce the impact on you. In some cases there is very little that can be done. Whatever your situation, it is vitally important to receive clear and independent advice to ensure that you fully understand your position and what is happening, what the likely timescales are, and what your rights are. We will explain all of this and advise you of the options available so that you can take the appropriate action to properly protect your position and reduce the impact on your home or business and ensure that you receive fair compensation.
There is not a one size fits all with compulsory purchase and the best solution could depend on your particular circumstances. We will work with you to understand your business and personal circumstances and discuss the various options available before advising you how to proceed.
The services we can provide to claimants affected by a CPO are as follows:
- Explain the CPO proposals, the timing of these proposals and the potential impact on the claimant and advising on the claimant’s rights
- Advice on potential grounds of objection to the CPO and your rights to compensation
- Considering the potential use of a blight notice
- Working with you to consider the options to secure the best outcome for you in terms of mitigating impact and securing fair compensation
- Providing compensation estimates and negotiating with the acquiring authority for a private sale of your interest if appropriate
- Drafting and submission of objections
- Negotiating with the acquiring authority to seek undertakings to mitigate impact
- Preparing and giving evidence at hearings and public local inquiries
- Preparation of a compensation claim
- Securing an advance payment of compensation
- Negotiating a compensation settlement with the acquiring authority
- Preparing evidence and appearing at the Lands Chamber of the Upper Tribunal to determine compensation in the event that it cannot be agreed by negotiation
The reasonable fees incurred by claimants in connection with the compulsory acquisition of their interests are recoverable from the acquiring authority as part of the compensation. Therefore, at an early stage we would seek an undertaking for the recovery of our fees from the acquiring authority.