Case Study: Successful negotiation of compensation packages for nine property owners and occupiers

Published on: 19th August 2015

Bridlington is a small coastal town in the North East of England, best known for its beaches and harbour the town is located within the East Riding of Yorkshire County. 

East Riding Council used powers of compulsory purchase to facilitate the long term regeneration of Bridlington. The Council wished to widen Hilderthorpe Road and create a new plaza at the town’s railway station in a £9m scheme.

As part of the scheme, the Council used powers of compulsory purchase to acquire properties on the north side of Hilderthorpe Road, between Springfield Avenue and Palace Avenue.

We acted for nine of the property owners/occupiers in the relocation of residences, businesses and agreement of compensation packages.

Example cases

Ocean Reward’s – 64 Hilderthorpe Road

“After years of speculation we were finally contacted by the local council to advise us that our rented property would be acquired as part of the Bridlington regeneration.

Sanderson Weatherall were recommended to us by other business owners along Hilderthorpe Road and I made contact with Richard Farr.

From the beginning to the end of the whole process we found Richard to be extremely experienced in these matters. He immediately reassured us and more importantly he asked us what we wanted and listened to our concerns and aspirations.

Throughout the whole process we found Richard to be courteous and forthright, working with our best interests in mind. We can heartily recommend anyone else in our situation to appoint Richard to act on their behalf”.

Andrew and Karen Sanderson

Oceans Reward

Business extinguishment of leasehold interest.

The Bike Shop – 24-26 Hilderthorpe Road, Bridlington 

“I can't fault the service Sanderson Weatherall provided. The knowledge and expertise they demonstrated was excellent, and I found their ability to explain things to me in layman's terms very reassuring. I was over the moon with their commitment to supporting me, so much so I recommended them to neighboring businesses.”

David Kiddy

The Bike Shop

Relocation of a large cycle shop to 2a Nelson Street, Bridlington.

KRP Carpets & Vinyls Ltd – 28-32 Hilderthorpe Road, Bridlington

Carpets

Agreement of a compensation package and relocation of the business to Princess Street, Bridlington.

Fern Villas – 48 Hilderthorpe Road, Bridlington

 

Fern Villa

Assessment and negotiation of a compensation package for the acquisition of 3 self-contained holiday flats of behalf of the owner.

Other Claimants for whom Sanderson Weatherall acts include a wet fish & shellfish production facility, 3 residential flats and 2 investments landlords.

The claims have been settled without recourse to the Lands Chamber.

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Compulsory Purchase

Our industry leading team have a wealth of experience in dealing with compulsory purchase cases and we provide our first class services across the UK. If you have received a compulsory purchase order then we will guide you through the complicated process. Our team has experience dealing with a wide range of compensation claims and we will work with you to ensure you receive a fair compensation settlement. If you are applying powers, we will work with your team to provide advice throughout the project lifecycle to ensure that your scheme finishes on time and with minimal delays.

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Services for the claimant

We know compulsory purchase orders can be stressful for businesses and individuals. Our dedicated team are highly skilled in acting for claimants, and will give you support and honest advice throughout the process. The services we provide include: Advice on planning objections to Compulsory Purchase Orders Expert evidence to public enquiries Advice on Certificates of Alternative Development Acquisition of alternative premises including accommodation works Estimation of compensation, values, disturbance, value of goodwill Negotiation of Claims Expert evidence of Lands Tribunal   Claimants are guided on the objection process, pre scheme losses, compensation, extinguishment of business, ransom and development value, relocation, certificates of alternative use. Claims are written, negotiated and expert evidence given in the Upper Tribunal (Lands Chamber). When promoting schemes for promoters, we provide the calculation of compensation budgets compliance with Circular 06/04, presentation of expert evidence at Public Inquiry, negotiation of all aspects of compensation and expert witness in the Upper Tribunal (Lands Chamber). Contact Us

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Glossary of terms

The compulsory purchase process is full of technical jargon and can be very confusing. To assist with this the following glossary of terms may be useful. Compensation Code: A collective term for the principles, derived from Acts of Parliament and case law, relating to compensation for compulsory acquisition. Entry: See "Taking of Entry" General Vesting Declaration (GVD): A legal procedure used in connection with compulsory purchase whereby an acquiring authority, having obtained a CPO, is able to obtain possession and ownership of the land. This is a procedure for the speedy acquisition of land and normal conveyancing practice does not have to be adopted. Goodwill: The price which a purchaser of a business is prepared to pay, above the value of the premises and stock, for the probability that customers will continue to resort to the old place of business, or continue to deal with the firm of the same name: it is the benefit or advantage which a business has in its connection with its customers. Investment Property: Generally, any property purchased with the primary intention of retaining it and enjoying the total return, i.e. income and/or capital growth, over the life of the interest acquired. Land: Land includes buildings and structures. Existing interests and rights in land, such as freehold or leasehold together with any existing rights can be compulsorily acquiried either as a whole or in part. Lands Tribunal: A tribunal for England and Wales set up under the Lands Tribunal Act 1949 and proceeding in accordance with rules made by the Lord Chancellor. Its jurisdiction, amongst others, includes adjudication on disputed compensation for the compulsory acquisition of land. The tribunal comprises the Present (who must be a barrister or have held judicial office) and members who are all either legally qualified or experienced in valuation. Marriage Value: Latent value which is or would be released by the merger of two or more interests in land. For example, two adjoining parcels may be worth more as one property that the aggregate of their separate values. Similarly, two interests in the same property (such as freehold and the leasehold) may have a greater value when merged than the sum of their individual values. Mitigation of Loss: The duty of a claimant seeking compensation to take any reasonable steps open to him to reduce or avoid loss. For example, a claimant could mitigate loss by seeking a number of quotes from reputable contractors and instructing the cheapest. New Rights: Compulsory purchase can be used by most acquiring authorities to create and acquire new rights over land. An Example would be the creation of a right of way or a right of support. Noise Payment: A noise payment is available to moveable homes within 300 metres of a new or altered road who have been seriously affected by increased noise levels as a result. It is payable at the discretion of the Highway Authority. Notice of Entry: A notice served on the owner and occupier(s) of a property by an authority possessing compulsory purchase powers requiring possession to be given by a date prescribed in the notice. A minimum of 14 days notice must be given. Notice to Treat: A notice served on owners, lessees and mortgagees by an authority with compulsory purchase powers to acquire land. The notice gives particulars of the property to be acquired, demands details of the recipients interest in the land and his claim for compensation and states that the authority are willing to treat for the purchase of the land. Public Development: A new or altered highway, aerodrome or other public works. Ransom Value: The ability to obtain a high price for a small area which is key to the site being developed. For example, where your land could unlock the development potential of an adjoining site by providing the only possible access to it. Relevant Date:In the context of a Public Inquiry it is the date of the letter which the Confirming Minister sends to the acquiring authority and the objectors confirming that an Inquiry is to be held. This date is used to establish timetables for the Inquiry procedure. Statement of Case: A statement prepared by the acquiring authority which sets out full particulars of the case to be put forward at the inquiry and justifies the reasons for making the CPO. Statement of Reasons: Sets out the authority's reasons for seeking to acquire the land, and will accompany the CPO. Taking of Entry: This is the act of an acquiring authority physically entering and taking possession of a property following service of Notice to Treat and Notice of Entry. Contact Us

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