Compulsory Purchase and Compensation

Compulsory purchase of land may be authorised by a number of routes including compulsory purchase order, a Transport & Works Act order or an Act of Parliament.

Any objections to a compulsory purchase order, a Transport & Works Act order or other similar order would be heard at a public local inquiry. Members of Chambers have considerable experience in advising in relation to compulsory purchase generally and, in particular, appearing at such inquiries for both acquiring authorities and objectors. Recent examples include the inquiries into Thameslink 2000, Wembley Stadium Link, the regeneration of Greenwich Peninsula, the Olympic 2012 proposals and Extensions to the Midland Metro system in Birmingham.

Although Parliamentary powers are sought less frequently nowadays, some major projects still use this route. Committees of each House sit to hear the promoters and any petitioners against the bill. Members of Chambers have considerable experience in appearing before such Committees for both promoters and objectors. Recent examples include Crossrail.

Following compulsory purchase, those affected have rights to claim compensation and disputes are determined by the Lands Tribunal. The Lands Tribunal also has jurisdiction over many other rights to compensation where property rights are affected by the exercise of a wide range of statutory powers. Examples include revocation of a planning permission and electricity wayleaves. Members of Chambers have considerable experience in advising and appearing in the Lands Tribunal in relation to such compensation claims, and in relation to subsequent appeals to the Court of Appeal. Recent examples include Purfleet Farms Ltd v Secretary of State for Transport, Colneway Ltd v Environment Agency, Christos v Secretary of State for Transport, Optical Express v Birmingham City Council, RMC and ACE v London Borough of Greenwich, Moto v. Secretary of State for Transport.

In addition, amongst the members of Chambers are the editors of one of the leading textbooks on compulsory purchase and compensation: Tottel's Compulsory Purchase and Compensation Service (2 volume looseleaf publication).