At Birketts we are experienced in advising in relation to all aspects of compulsory purchase orders (CPOs) and development consent orders (DCOs) from the making of the order to the negotiation of objections.
We have advised local planning authorities on the making of CPOs including in relation to the requirement to justify the need for the order and meeting the tests set out in Government policy. We can also assist with the drafting and review of the statutory documents required to support a CPO and the publication and notification requirements.
Birketts is very experienced in advising third party objectors to both CPOs and DCOs at all stages of the process through the submission of representations, appearing at preliminary hearings and instructing counsel to appear at the inquiry or examination and the negotiation of settlement agreements or land and works agreements to secure the withdrawal of objections. Following the confirmation of a CPO or DCO, we can advise on the prospects of success of a statutory challenge of judicial review of the order.
We are also able to advise on compensation following the acquisition of land by an acquiring authority including the prospect of enhancing the value of the land through an application for a certificate of appropriate alternative development. We are also experienced in making references to the Upper Tribunal (Lands Chamber) where compensation cannot be agreed with the acquiring authority.