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Compulsory Purchase & Compensation - Road Scheme Compensation

Most landowners and occupiers would shudder at the thought of their land being compulsory purchased.  With the advice and guidance of Kirkby and Diamond Chartered Surveyors this need not be the case.
 
Compulsory Purchase legislation is utilised for a variety of purposes, most commonly for road schemes. Highways departments and the Highways Agency have compulsory purchase powers which include road widening, new roads and other schemes in the public interest.
 
The process from scheme inception to the confirmation of Compulsory Purchase Orders can be lengthy, but does provide landowners with the opportunity to comment on the design and impact on their property. In most cases accommodation works can be negotiated to minimise the impact of the scheme on the individual.
 
Once the Compulsory Purchase Orders have been confirmed and the required notices served on the landowners and occupiers, the authority will take possession of the land and begin work on site. During the construction period it is highly advisable to keep close contact with the contractors to ensure that work does not stray onto any retained land and the areas of temporary land take are appropriately treated.
 
Negotiations over compensation will begin at this time. Compensation is paid in relation to:

  • the value of the land purchased by the acquiring authority,
  • the decrease in the value of any retained land due to the land take (severance),
  • the decrease in value of any retained land due to the use of, for example, a new road (injurious affection) and disturbance.

This will generally include reasonable professional fees incurred due to the scheme, for example surveyors and solicitors fees. Kirkby and Diamond Chartered Surveyors are experienced in acting on behalf of landowners and occupiers in relation to road schemes. Involvement from the beginning of the scheme ensures that landowners / occupiers views can be championed with the authority early on which allows any requirements to be incorporated into the scheme where necessary. Landowners / occupiers can draw on Kirkby & Diamond's detailed knowledge of the laws covering Compulsory Purchase, including procedures for objecting to Compulsory Purchase Orders and making representations at Public Inquiries.

So, with Kirkby & Diamond Chartered Surveyors’ advice and guidance we aim to make the possibility of the compulsory purchase of property less overwhelming and ensure landowners / occupiers views are clearly demonstrated and acted upon.

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Further Information
Meet the Expert
  • Andrew Wright
    Managing Partner, Head of Planning & Development and Compulsory Purchase.
     
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