A development consent order for a major infrastructure project can authorise the promoter to buy land compulsorily, take rights over it or affect neighbouring property. If you own, rent or occupy property in the way, you have rights to be heard before the decision and to be compensated afterwards. These rights apply in England and Wales.
Who can take part in the examination
Once an application is accepted, the promoter must notify owners, lessees, tenants and occupiers of the land, others with an interest in it, and people who might be entitled to claim compensation. The notice gives a deadline for registering, which must be at least 28 days after you receive it.
The application documents list the land and interests the promoter wants to acquire. Check whether your property is included and, if it is, whether the promoter has your details right.
Make your case
Ask the promoter to buy your property early
If your property falls within land that an application seeks to acquire, or that an order authorises the promoter to acquire, you may be able to serve a blight notice requiring the promoter to buy it straight away. You must own and occupy the premises, and their annual value must be within the limits below. Before an order is made, you must also show that you have made reasonable efforts to sell and could only sell at a substantially lower price because of the project.
Claim compensation
If land is taken, you can claim for its value, disturbance to your business, loss payments, and the reduced value of any land you keep. You can claim for a fall in the value of your property caused by building or using the works even if none of your land is taken. Reasonable professional fees for preparing and negotiating your claim can generally be recovered from the acquiring authority. Disputes over compensation go to the Upper Tribunal (Lands Chamber).
Get advice early from a chartered surveyor or solicitor with compulsory purchase experience, and keep a record of every communication with the promoter.
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Check the application documents
Find out whether your land or rights are listed for acquisition and whether your details are right.
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Register as an interested party
Make a relevant representation before the deadline in the notice, unless you are already an interested party.
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Ask for a hearing
If your land is to be acquired, ask for a compulsory acquisition hearing by the deadline the Examining authority sets.
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Consider a blight notice
If you are a qualifying owner-occupier, serve a blight notice to make the promoter buy your property early.
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Prepare your compensation claim
Keep records of your costs and losses and get advice from a surveyor or solicitor with compulsory purchase experience.
Legal basis
Primary legislation and key regulations