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Private property compulsory acquisition
In certain circumstances the Council may use Compulsory Purchase powers in order to acquire property or land. The Council will normally seek to acquire property by agreement in the first instance, however where an agreement cannot be reached then the authority will look at serving a Compulsory Purchase Order.
What are the circumstances?
The law gives the Council the powers to compulsory acquire buildings or land that are privately owned are needed to be improved or redeveloped in order to benefit the area or help deliver change. There powers are used following consultation with all interested parties, if known.
How does it happen?
Compulsory Purchase is a legal process. The basic steps are as follows:
- The Councils Cabinet has to first authorise an Order.
- The Order is made and submitted to the Secretary of State for the Department of Local Government & Communities
- Notification of the Order is served on all those having an interest in the land.
Can I object?
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. It is a decision for the Government Office to decide if there are suitable grounds for a Public Inquiry to be held.
Public Inquiry
If the objections are not withdrawn, then it is likely that a Public Inquiry will be held. This is open to the public and is heard by an Inspector from the Planning Inspectorate,
At the Inspector's discretion, it may be possible for anyone else whose land or property is the subject of the Order to be heard.
Following the Inquiry, 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 Council will proceed to take possession of the property.
If there are no objections, an Inquiry will not be held - and the Secretary of State will make his decision as above.
Compensation for those affected
Anyone whose land is acquired by Compulsory Purchase will be compensated for the loss of their property. This means that the Council will pay the market value plus a compensation payment and disturbance allowance to cover the expense of moving.
Homeowners and tenants will have the option of being re-housed through Wirralhomes, a choice based letting scheme operated by the Council for the allocation of social housing.
In addition there will be assistance in finding a new home by the Council’s Home Movers Service (Link to HMRI a (v))
Why we need to acquire land:
Although Compulsory Purchase is a way for the Council to take control of land, it is usually done as part of a wider initiative for urban regeneration purposes such as a clearance area or master planning scheme. These are subject in their own right to consultation with local communities and this would be undertaken before any decision is reached on the future of the area. There will always be opportunities for people to make their views known about the proposals before decisions are taken.
Do you want to know more?
You can find out more about Compulsory Purchase Order by visiting the Communities and Local Government website here.
See Also
- Community safety
- Credit unions
- Estates management
- Home safety advice
- Homeowners
- Hospice care - adult
- Housing - community safety
- Housing benefit - appeals
- Housing benefit - backdated claims
- Housing benefit - change of circumstances
- Housing benefit - new claim
- Housing benefit - overpayments
- Housing benefit - renewal
- Housing focus groups
- Licence - homes in multiple occupancy
- Private landlords
- Private tenants - advice and support
- Property demolition - assessment
- Property enquiries
- Residential care - adult
- Supported and sheltered housing - information and advice
- Welfare rights - advice
- Youth justice - action plan orders