Compulsory purchase orders
What are Compulsory Purchase Orders and why do we need them?
Compulsory Purchase Orders (often shortened to "CPOs") are powers which allow public bodies and local authorities such as Liverpool City Council to acquire land or property for certain purposes. We can do this even if the owner or occupier does not want to sell.
The law gives us powers to do this where buildings or land that are privately owned are needed to be improved or demolished and redeveloped for the benefit of the area.
We use compulsory purchase powers to bring together the land needed to help deliver change. We have a public duty to improve areas of the city, and sometimes we will need to acquire property to achieve our objectives. We often use compulsory purchase powers in regeneration, housing renewal or the building of new infrastructure such as roads, pavements and public open spaces. Used properly, such powers can help with good urban regeneration, the revitalisation of communities, and the promotion of business. These all lead to improvements in the quality of life.
We will usually try to negotiate with the owner, but if the owner refuses to sell, we can start the process that will allow us to buy the land or property regardless of their wishes. Anyone who has had land affected or acquired in this way will be compensated.
Compulsory Purchase Orders within Liverpool have to be authorised by the City Council.
How does it happen?
Compulsory Purchase is a legal process. The basic steps are as follows:
- The City Council authorise an Order.
- The Order is made and submitted to the Secretary of State.
- Notification of the Order is served on all those having an interest in the land.
You can find out more detailed information about the legal process in the Frequently Asked Questions at the bottom of this page.
Objections and Public Inquiries
After the steps listed above have been carried out, objections can be made. Anyone can object to the Order, not just those having interests in the land concerned.
If the objections are not withdrawn, a Public Local Inquiry will normally be held unless there are only a few objectors, and they agree to submit their objections in writing to the Inspector.
If an Inquiry is held, it will open to the public and, at the Inspector's discretion, it may be possible for anyone else whose land or property is not the subject of the Order to speak at the Inquiry.
Following the Inquiry, or the exchange of written statements, the Inspector will write a report. Having considered this report, the Secretary of State will then issue his decision. This can either be:
- that he confirms the Order, or
- he confirms the Order with modification (that is, he may take some of the properties out of the Order), or
- he does not confirm the Order.
If the Order is agreed, the City Council can proceed to take possession of the property.
If there are no objections, th Council can confirm the CPO itself.
Compensation for those affected
Anyone whose land is acquired by Compulsory Purchase will be compensated for the loss of their property.
Why we need to acquire land:
Although Compulsory Purchase is a way to get land, it is usually done as part of a wider initiative. This may be a regeneration scheme or a City Centre redevelopment scheme. These are subject in their own right to consultation with local communities.
There will always be opportunities for individuals to make their views known about the proposals.
Do you want to know more?
You can find out more about Compulsory Purchase Orders on The Department for Communities and Local Government website.
Anyone affected by a CPO is advised to seek professional advice from a Chartered Surveyor who specialises in this field. The Royal Institution of Chartered Surveyors can help with this. Visit their website at http://www.rics.org/findasurveyor