Compulsory Purchase Orders

The powers to compulsorily acquire Land and Buildings are almost entirely vested in Public Authorities, which include Government Departments, Local authorities and Statutory Corporations.

Within Chester, it is likely that any Compulsory Purchase Order (CPO) initiated by the City Council will be in respect of such purposes as:

1. Development and Regeneration (under the Town and Country Planning Act 1990)
2.  Clearance of Unfit Housing or acquisition of empty housing (under the Housing Act 1985)

A CPO is a forced sale of a property to the Council and must be authorised by the Secretary of State.  The Government states that CPO 's are an important tool for Local Authorities and other Public bodied to use as a means of assembling the land required for major projects for the regeneration of urban areas.

The process of Compulsory Purchase is a legal one which follows these basic steps:

• The City Council authorise a Compulsory Purchase Order.
• The Order is made and submitted to the appropriate Secretary of State.
• Notification of the Order is served on all those with an interest in the land who have a right, together with anyone else, to object to the CPO within a statutory time period.
• If there are objections and these are not withdrawn a Public Local Inquiry is held. 
• Following an Inquiry the Secretary of State will issue his decision on the CPO which will be to either confirm the Order, possibly with modification, or to not confirm the Order.
• If the Order is confirmed the City Council will proceed to acquire the land.  All those having an interest in the land will be compensated.  The rules of compensation are complex but as a general principle no owner should be worse off as a result of the compulsory purchase.

There are a series of booklets to help those who may be affected by compulsory purchase. They may be obtained from:

Free Literature
PO Box No. 236
Wetherby
LS23 7NB
Tel: 0870 1226 236
Fax: 0870 1226 237
Text Phone: 0870 1207405
Email: odpm@twoten.press.net.