We usually recommend potential claimants object to a compulsory purchase order. By doing so claimants become a statutory objector to the proposed compulsory purchase order, obliging the Secretary of State to hold a Public Inquiry where the merits of the proposed Order can be properly examined.
Not only does an objection give the claimant a possibility of defeating the Acquiring Authorities plans via a public inquiry, but also it can significantly improve the negotiation position of a claimant. Acquiring Authorities often properly engage with objectors providing a platform for discussion.
Care must be exercised in the preparation of objection letters. Certain grounds of objection can be dismissed. The objection letter needs to be comprehensive and take full account of the acquiring authority’s Statement of Case. It should set out the principle grounds of objection in a manner that will maximise the potential for success at Public Inquiry.
We examine 3 CPOs highlighting a variety of schemes being promoted across the country including:
1. Environment Agency (Oxford Flood Alleviation Scheme) CPO 2018.
2. Highways England: A57/A628 Trans-Pennine Upgrade.
3. Birmingham City Council (Perry Barr – Commonwealth Games Athletes’ Village and Legacy) Compulsory Purchase Order 2018.
A claimant is entitled to the Market Value of their land/property. A Compulsory Purchase Order can effect property values. When assessing the level of compensation, regard is paid to the “no scheme world”, i.e. the effect of the CPO (both positive and negative) is ignored and the value of the land/property to be taken is on the basis of open market value.
These figures make quite fascinating reading. It demonstrates that objectors are still able to defeat CPO’s or achieve modification. To have any prospect of achieving change it is essential to achieve proper advice. 
Roger Hannah are experienced at preparing objection letters on behalf of claimants and can provide the professional advice required.
