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.
OBJECTING TO A CPO
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.
Statistics show that in 2014, 33% of planning CPO’s were either defeated, confirmed with modification or the acquiring authority withdraw the CPO before it could be considered.
HOW PLANNING CPO'S WERE DETERMINED
Simon Cook, Director of Compulsory Purchase at Roger Hannah said:
“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.”