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).
HS2 adviceAlthough the HS2 rail link may seem years away at the moment, this is an issue that property owners and tenant occupiers should be planning for now. We have a specialist team of compulsory purchase experts who are currently working with owners and occupiers of affected sites. Please contact us if you think you might be affected by the scheme. What is HS2? High Speed 2 (HS2) is a planned high-speed railway proposed to link The Midlands and Northern England with London Euston and other destinations such as destinations Lille, Brussels, Paris, and London Heathrow Airport. The aim of HS2 is to reduce journey times and increase the volume of seats available. It is argued that reduced journey time will help to stimulate economic growth in UK and also increase the country’s rail usage. The project is being developed by High Speed Two Ltd, a company established by the UK Government. The line is to be built in two phases with the section between London and Birmingham being the first phase, and on to Manchester and Leeds for the second phase. The route would take a complex form of a "Y", with a trunk between London Euston and Birmingham Curzon Street. The route would then split into two spurs, one continuing to Manchester Piccadilly via Crewe and Manchester Airport. The other route is proposed to Leeds via Sheffield Meadowhall and East Midlands. Click below to view the route: Phase 1 - London to West Midlands Phase 2 - West Midlands to Leeds What are the timescales for HS2? It is expected that the HS2 line will be operating by 2033. The first phase, between London and Birmingham, was given Royal Assent in February 2017, giving the green light for work to begin on the route. The second phase is expected to be given Royal Assent at a later date, but plans for the route are in their final stages and valuers will begin contacting land owners and occupiers during 2017. Contact Us
Havering Housing ZoneAbout the development The London Borough of Havering has been successful in the submission of the Rainham and Beam Park Garden Suburb Housing Zone bid and accordingly this area has now been awarded Housing Zone Status. In order to implement this, the Council wishes to undertake a rolling programme of site acquisitions in the area and to work with development partners to bring land forward for development. The project is to deliver the following outputs: Circa 3,500 new homes (including over 1,000 affordable) New cycle and pedestrian routes New linear park Two new schools (two form entry) New railway station New leisure facilities Information for Claimants If you own or occupy a property wihtin the identified area, you will be required to vacate your property under the Council's powers of Compulsory Acquisition. You are entitled to recieve independent advice from specialist values and to recover your costs from Havering Council. To understand how we can help you, please download more information by clicking here, or alternatively get in touch. Contact Us
Case Study: Successful negotiation of compensation packages for nine property owners and occupiersBridlington 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.
Case Study: Compulsory Purchase Order rejected in its entiretyJewson are the UK’s leading chain of building merchants, with over 600 branches across the UK they supply building equipment, timber and building products and materials. We successfully assisted Jewson builders’ merchants brand in rejecting, in its entirety, a compulsory Purchase Order (CPO) placed on one of its outlets in Grantham.
Case Study: PD Ports secure fixed term annual income on their Seal Sands sitePD Ports are a logistics company that offer cargo-handling facilities at both ends of the supply chain. The company’s headquarters is in the North East and they operate from a number of ports across the country.
Glossary of termsThe 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