Compulsory Purchase

What is the Compulsory Purchase Order Process?

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Most people associate a compulsory purchase order (CPO) with the letter that will be sent out to landowners informing them of the plans to acquire their land. However, the CPO process begins long before contact is made with the landowner, as a CPO is always considered a last resort.

How long does a Compulsory Purchase Order take?

In total, the process leading up to confirmation can take between 12 and 18 months.

While each case will differ in terms of exact timelines and required steps that need to be taken, here is a general overview of the CPO process to guide you.

CPO Stage 1: Information Gathering

The initial stage of a CPO is whereby the acquiring authority (usually a local authority) gathers information relating to the purpose of the CPO. A report will be produced outlining a CPO plan, and a statement of reasons.

The information gathered must demonstrate that the acquiring authority has exhausted all other avenues. Given compulsory purchase orders may face legal challenges, the information gathering stage must be extremely comprehensive to prove no viable alternative exists.

Some common reasons as to why a CPO would be considered include to build new homes, create new transport links, the need for utility works or to carry out repair works to listed buildings.

At this stage, the acquiring authority may also enter into early negotiations with the landowner.

CPO Stage 2: Resolution

A formal resolution outlining the proposed plans will be made to the relevant council executives or committees. Once the proposal has been considered, approval must be granted to proceed with the CPO.

CPO Stage 3: Serve Requisition for Information Notices

The acquiring authority must inform all parties that may be affected by the plans by serving official notice. Known as a requisition for information notice, all those who own or occupy the land will be contacted. Advertisements may also be placed in the local newspaper, or signage placed in the immediate vicinity.

A timeframe for any objections to the requisition for information notice will be supplied, which is usually 21 days.

CPO Stage 4: Public Inquiry

The acquiring authority must inform all parties that may be affected by the plans by serving official notice. Known as a requisition for information notice, all those who own or occupy the land will be contacted. Advertisements may also be placed in the local newspaper, or signage placed in the immediate vicinity.

A timeframe for any objections to the requisition for information notice will be supplied, which is usually 21 days.

CPO Stage 5: Post Inquiry

Following the inquiry, the Inspector prepares a report which is then considered by the Secretary of State or confirming minister for approval or otherwise. The CPO will then be either confirmed, possibly with modifications, or rejected completely.

If the CPO is confirmed, the acquiring authority will be granted 3 years to execute the order.