This section provides information on the use of a Compulsory Purchase Order (CPO) to acquire the land and rights that are required to deliver the Somer Valley Scheme.
CPOs Explained
A CPO provides the legal powers for us to be able to acquire land, property, and other interests (including new rights) for public development. We will not take the decision to use a CPO lightly and we are continuing to try and reach agreement with landowners wherever possible.
We will demonstrate that there is a compelling case in the public interest for a CPO to be confirmed. The affected landowners will receive compensation where appropriate.
LDOs provide permitted development rights for a specific development proposal or classes of development in defined locations.
LDOs are commonly used for Enterprise Zones and are promoted by the Government due to their benefits, compared to traditional planning applications, which include time and cost savings and simplifying and streamlining the planning process. An LDO therefore governs the type of development that is permitted in a specific area.
In order to secure the intended outcomes of the Somer Valley Enterprise Zone, we need to acquire the majority if not all of the land within the zone as well as several small parcels of land outside the main site to deliver the highways works. To ensure certainty of delivery and timescales, the use of a CPO to support land assembly is being considered in parallel to progressing negotiations.
We would prefer to avoid relying upon a CPO, but the Scheme is a corporate priority for the Somer Valley, set out in our Economic Strategy. Compulsory purchase now seems likely to be needed to ensure that it can go ahead.
Stages in the CPO process
- Scheme consultation and planning
- Making the CPO
- Objection period
- Public Inquiry (assuming required and called by the Secretary of State (SoS)
- Confirmation of the CPO by the SoS
- We will issue acquisition notices to owners and occupiers
- We will acquire the land. We will negotiate and pay compensation to the owners/occupiers
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LDO Non Statutory Public Engagement Process
CompleteNon statutory public engagement was undertaken with landowners, neighbours and parish and ward councillors, groups, and forums to inform the development of the LDO. Engagement included a public webinar, consultation boards in local libraries and hard copy and online surveys. Further details are outlined in the Statement Community Involvement document available on the Planning Portal.
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LDO Statutory Consultation Period
CompleteThe project team and its agents were in regular dialogue with landowners over this period and provided reports into the Cabinet Member and a Key Stakeholder Group. Formal LDO documents were published on 16 January 2023 and the formal public consultation concluded on 23 February 2023. Following the initial statutory consultation, the project team attended numerous workshops with the Development Management team to address comments received and revised documents were submitted back to the Local Planning Authority.
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LDO Revised Statutory Consultation Period
CompleteThe Revised Statutory Consultation began 22nd September 2023 and concluded on 26th October 2023. Feedback was then taken into consideration when drafting the LDO application.
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In principle CPO Cabinet Report confirmed
COMPLETEOn the 1 February 2024 the SVEZ in Principle Statutory Mechanisms Cabinet Report was confirmed by Cabinet. The report allowed us to make preparations for delivering the Scheme such as using land references to obtain further information about the land and to consider statutory mechanisms of land acquisition in parallel to negotiations relating to voluntary land acquisition (amongst other things).
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LDO Planning Application confirmed
CompleteThe LDO Planning Reference 23/00076/LD was confirmed by Cabinet on 22 February 2024 as per our constitution. The application documents can be found on the Planning Portal.
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Land Referencing and background information gathering
ActiveOur land referencing agents are using various methods including both desktop and contact referencing to understand the land interests and how they will be affected by the Scheme. This is with a view to acquiring those interests by negotiation. This information will be considered further by the Cabinet when deciding whether to confirm a resolution allowing for a CPO to be made.
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Cabinet Report containing Resolution to make CPO
ActiveThis second Cabinet Report will be considered in light of the land referencing information and our other workstreams such as the status of voluntary land acquisition negotiations. If Cabinet’s approval is given, then we will have the power to promote a CPO to affect the land acquisition requirements for the SVEZ. Voluntary acquisition negotiations will continue in parallel to the CPO which will only be enforced against landowners as a last resort.
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CPO to be made
On targetIf Cabinet approves the Cabinet Report, then a CPO will be made, published, and served on affected parties in accordance with statutory requirements.
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Objection period to the CPO
On targetAs required by legislation, there is an objection period of a minimum of 21 days after the CPO is made. Parties directly affected by the CPO and served with statutory notices as well as members of the public and other stakeholders can make objections to the CPO.
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CPO Public Enquiry
On targetIf any objections are lodged, then a CPO public inquiry will take place where a Planning Inspector will consider objections made and will make recommendations to the relevant Secretary of State (SoS) whether the CPO should be confirmed, inclusive of any modifications.
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CPO Confirmation by SoS
On targetFurther to the recommendations of the Planning Inspector, the SoS will decide whether to confirm or refuse the CPO as well as suggest and any required modifications.
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Exercise of the CPO
On targetOnce the SoS has made their decision, we can exercise our CPO powers by the service of statutory notices. Those notices must give a minimum 3-month period before we can enter onto the land. More information about this process would be made available to affected landowners nearer the time.
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Start on Site
On targetOnce the SoS has made their decision, we can exercise our CPO powers by the service of statutory notices. Those notices must give a minimum 3-month period before we can enter onto the land. More information about this process would be made available to affected landowners nearer the time.
When we will contact you
We will contact potentially affected parties in June 2024 to gather information and the results will inform the negotiations and the preparation of the CPO documentation. It is important that those contacted reply promptly to ensure that we are fully informed of all relevant interests.
If a sale of land is agreed any time prior to us exercising our CPO powers, then a compulsory purchase will not be used. However, in order to protect the delivery of the scheme, all interests will be captured by the CPO, including land where negotiations are still ongoing.
If you're affected
We will be contacting landowners to obtain further information about their property and to progress voluntary negotiations. The formal CPO process also requires us to publish the CPO and inform everyone whose land or interests in land are affected, that the CPO has been prepared and where they can find relevant documents. The letter informing affected owners and occupiers about the CPO will also contain details of how to object.
Your rights and how to object
You can object to a CPO if you are:
- a landowner
- a lessee
- a tenant or occupier
- a member of the public
If you receive a notice that a CPO is being served on your land, you will not lose your land immediately. Land and other interests can only be acquired after the CPO has been confirmed by the SoS. We will accept objections for a minimum of 21 days after making the CPO. The time limit for objections and further details of how to object will be communicated to any impacted parties, published in the press and within our statutory notices.
If we receive relevant objections, and these are not withdrawn, the Secretary of State will call a public enquiry. Any disputes relating to compensation may be disregarded by the confirming SoS, since there is a separate procedure for resolving disputes regarding compensation through the Upper Tribunal (Lands Chamber). This is used when all methods of alternative dispute resolution have been exhausted.
Your rights for compensation
The principle of compulsory purchase compensation is generally to place the owner of an interest (land or other affected interest) in no better or worse position than prior to the compulsory purchase. Compensation is assessed and paid in accordance with the statutory compensation code which applies to the compulsory acquisition of land, property and other interests.
We can provide you with information about the code and how you can claim compensation. The nature and amount of compensation payable will depend on the specific circumstances. In addition, you may also claim reasonable costs incurred in the transaction, including surveyors or agents’ fees for negotiating compensation and legal costs properly incurred in the purchase by the acquiring authority.
What compensation you will receive
Compulsory purchase compensation can be complex, and you should consider taking advice as outlined above. In simple terms, you may be entitled to compensation that is made up as follows:
- The price you would have received if you had sold your land interest on the open market and there was no CPO.
- Reasonable costs you incur in moving to another property, or if you are an investor, investing in another UK property (subject to time limits).
- The reasonable cost of professional advice relating to compensation negotiations and relocating (but not objecting to the CPO)
- A “Loss Payment” on top of your other compensation. This will depend on whether you are a resident, business occupier or investor.
How long until compensation is paid
If you reach voluntary agreement with us, then the legal agreement will specify when payments are made. The full amount of the compensation would be payable before we take full possession of your land.
Under the CPO process, compensation would be payable following the service of notices which allow the Council to take possession of the land. It is possible to seek an advance payment of compensation under the provisions of the Land Compensation Act 1973, but this only applies where the Council has served statutory notices to acquire land and/or rights.
Claiming for the effects of a CPO on your business
You can claim for the effects of a CPO on your business if it is appropriate and justified. The statutory compensation code makes provision for this. Information regarding what may be claimed can be provided to you by the acquiring authority. If you appoint a surveyor or agent, they will negotiate compensation with the authority on your behalf and advise you on your entitlement.
Reimbursement of professional fees
The statutory framework for payment of compensation typically provides for reimbursement of reasonably incurred professional fees upon the compulsory purchase of land or rights in land as part of a compensation claim (including, for example, in relation to notices to enter for survey purposes at an early stage in the project). Professional representatives should contact us or their appointed surveyors, to agree the basis of fee reimbursement before undertaking any work.
The contractual arrangement for the provision of professional services is between the professional and their client. The professional should agree their fee arrangements with their client, and, in some cases, there may be a shortfall between the surveyor’s fees and those that are eligible for reimbursement by us. Professionals are expected to advise their clients of any anticipated shortfall.
Chartered Surveyors
Parties directly affected by the scheme may find it beneficial to obtain professional advice from surveyors experienced in compulsory purchase and compensation, given that we may consider it appropriate or necessary to use statutory powers to acquire land and rights. The Royal Institution of Chartered Surveyors offers a telephone helpline which will put you in contact with a local member who can provide a free 30-minute initial consultation. Alternatively, you can find firms in your area by visiting the RICS website or emailing RICS.
The Royal Institution of Chartered Surveyors introduced a Professional Statement in April 2017 that is mandatory for chartered surveyors advising in respect of compulsory purchase and compensation and outlines what an individual should expect from their instructed surveyor. A copy can be found on the RICS website. This guidance applies whether we have served statutory notices, made a CPO or are contemplating doing so, as is the case with the SVEZ.
If compensation is not agreed
If compensation is not agreed and all forms of alternative dispute resolution are exhausted, it may be determined by the Upper Tribunal (Lands Chamber) who may make an award of costs in favour of the claimant or the acquiring authority. We would not be responsible for your costs in objecting to a CPO unless the inspector at inquiry rules this following a successful objection.
If you have any concerns regarding the scheme please contact the Project Team by email
JLL is a real estate services company that can assist with land acquisition. For any specific queries regarding land acquisition please contact the following individuals at JLL Grace Hicks or Alice Stephens