Compensation for Acquiring Authorities
We offer the following services to Acquiring Authorities:
Our compensation advice is underpinned by the comprehensive understanding of our experienced team of chartered surveyors and compensation valuers. Led by Colin Cottage (a former Chairman of the Compulsory Purchase Association), the team have a proven track record of acquiring land, and negotiating and settling compensation claims, both in advance of, and after the confirmation of compulsory purchase powers. Our team specialise in assessing property values and other compensation heads of claim against the complex backdrop of compulsory purchase legislation and case law, commonly known as the ‘Compensation Code’.
We also recognise that when engaging in claim negotiations, although accuracy and an attention to detail are required, it is important to maintain a commercial outlook and focus on trying to reach agreement. Managing project risk and the implementation of effective acquisition strategies is a central part of our service.
We are experienced in negotiating compensation claims for a wide range of regeneration and infrastructure projects, whether they are being delivered through a Development Consent Order, a Transport and Works Act Order or a Compulsory Purchase Order.
Our full range of compensation and land acquisition services for acquiring authorities includes,
- The preparation of property cost estimates
- The formulation of property acquisition and relocation strategies
- Property acquisition and compensation claim negotiations
- Acting as an expert at Public Inquiry/DCO Examination and the Upper Tribunal (Lands Chamber)
For any land assembly project that requires the use of compulsory purchase powers, it is important to ensure that compensation ‘Property Cost Estimates’ (‘PCEs’) are as accurate and realistic as possible from the outset.
Ardent’s expert team compulsory purchase specialists can provide detailed compensation assessments at every stage of the project lifecycle, enabling continual budget review and risk assessment. Our PCE’s include property value estimates, calculations of loss payments, and the assessment of compensation for severance & injurious affection, disturbance and fees. Where appropriate we also make appropriate allowances for compensation payable under section 10 of the Compulsory Purchase Act 1965 or Part 1 of the Land Compensation Act 1973.
All of our PCE’s include a risk report that clearly identifies areas of uncertainty and provides a graded assessment of potential budgetary risk. Specific project cost risks can be individually identified and intelligently applied where required. Our PCE experience extends to a wide range of transport, utilities infrastructure and regeneration projects in both rural and urban locations. Our network of offices and valuation expertise means we can offer our PCE services nationwide.
Government Guidance on the use of Compulsory Purchase Orders advises that negotiations and engagement with property owners should take place in parallel with the preparation of a compulsory purchase order and meaningful attempts should be made to acquire property interests by agreement. Ardent’s compensation team is experienced in formulating acquisition strategies that put the Guidance recommendations into effect and has an enviable track record of acquiring property interests in advance of compulsory acquisition.
We understand that complex land assembly requires a flexible approach and can involve a range of acquisition methods, including purchase by agreement, conditional contracts and options; as well as the use of compulsory purchase powers as a last resort.
Where businesses and homes have to be relocated as a result of compulsory acquisition, an effective Relocation Strategy should be a vital part of an Acquiring Authority’s land assembly policy. A failure to recognise the role and importance of a sound relocation strategy in the compulsory purchase process risks challenges to the securing of powers at Public Inquiry. It is also likely to result in increased compensation costs through an escalation in disturbance claims and possible business extinguishment.
As an advisor to Authorities using compulsory purchase powers to assemble land for regeneration and infrastructure development across the UK, Ardent has extensive experience of formulating and implementing robust and effective Acquisition and Relocation Strategies.
In the event that compensation disputes cannot be settled, a case may be referred to the Upper Tribunal (Lands Chamber). Although we have an excellent record of resolving compensation settlements without referral to the Lands Chamber, our RICS qualified compensation specialists have extensive experience of preparing Lands Chamber evidence and acting as Expert Witnesses in compensation hearings. We also have wide-ranging experience in managing and providing evidence for a range of Alternative Dispute Resolution procedures, including mediation, early neutral evaluation and arbitration.
Members of our team also have extensive experience acting as Expert Witnesses at CPO Public Inquiry and Development Consent Order Examination hearings. We have a 100% success rate in securing compulsory purchase powers when representing acquiring authorities.
Our knowledge and expertise ensures that we are a safe pair of hands.