Can I request a Compulsory Purchase Order?

by Readers Question

13:19 PM, 21st October 2015
About 3 years ago

Can I request a Compulsory Purchase Order?

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Can I request a Compulsory Purchase Order?

I live in a rural part of Wales and have recently been informed that an application for 150 houses has been put in for the land behind, and adjoining, my back garden. This is an elevated field with a number of the proposed properties looking directly over and into my house. The local Council (Powys) are largely in favour of this development and are supporting the application.compulsory purchase order

I have essentially assigned myself to the fact that this application will be put through, devaluing my property greatly and the access road being within 100m of my front garden. I have put my house on the market to try and get rid but obviously it is an unattractive prospect as it stands.

Is there a way to request the developer/ Council to put my property under a Compulsory Purchase Order (CPO)? I have found lots of information about how to object and appeal CPO’s but nothing on how to get a property included and accept it.

The Council have said the application does not currently have a CPO provision but I believe that mine and two other properties (who are also looking to move) should be included and that the lack of provision is a money saving exercise at the cost of the local residence.

Any hep or information would be greatly appreciated,

KMC



Comments

Alan Littlefield

10:22 AM, 22nd October 2015
About 3 years ago

Probably not in those circumstances, one of the requirements is:
"The owner must claim that the land in question is incapable of reasonably
beneficial use before he can serve. "
See http://www.planningportal.gov.uk/uploads/pins/purchase_notice_guidance.pdf

Graham Bowcock

13:14 PM, 22nd October 2015
About 3 years ago

Hi KMC

If the development is subject to a straightforward planning application then CPO is unlikely to be an issue for anybody, particularly yourself. Your only option is to object to the planning application, but grounds for objection must be planning based.

If the development site is being compulsorily purchased there may be some limited provisions for compensation (known as a Part 1 claim) where the value of a property outside of the scheme is affected. Such claims are normally paid out on road schemes where there is permanent disturbance such as noise.

I have never come across a property being actively put into a CPO by the owner.

Your best bet would be to speak to a local chartered surveyor with compensation experience.

Graham

Martin Rdg

22:20 PM, 22nd October 2015
About 3 years ago

Obviously it would depend on the size of your plot and the others that are affected but maybe worth approaching the builder to see if they would buy your house off you


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