Compulsory Purchase Procedure

Procedure for the Isle of Wight (Undercliff Drive Highway Realignment) Compulsory Purchase Order 2006

Formulation

The first stage was for the Council to decide that land was required for a particular purpose or scheme. The Isle of Wight Council decided after careful consideration and investigation that the land that forms part of the Isle of Wight Council (Undercliff Drive Highway Realignment) Compulsory Purchase Order 2006 ('the Order') was required to implement the A3055 Undercliff Drive stabilisation scheme. A full copy of the Order can be found on this website.

Resolution

The next stage was a formal resolution from the Council to use compulsory purchase powers. The Council made resolutions to use compulsory purchase powers on 20 June 2005 and 7 November 2006.

Recording Information

The Council had to identify everyone who has a legal interest in or right to occupy the land forming part of the Order. The Council served 'requisitions for information' on everyone they thought owned or occupied the land in question and received replies to the majority of the requests confirming the land ownership.

There are two parcels of land to which ownership is unknown and the Council made efforts to locate the owners by putting notices in the Isle of Wight County Press and by putting notices on the 'unknown' land. No response was received from anyone claiming to be the owner.

Making the Order

The Order was made on 29 November 2006. The Council also made the Isle of Wight Council (Undercliff Drive Highway Realignment - Classified Road (Side Roads) Order 2006 (SRO) on 29 November 2006. This is a separate legal process to the CPO but the making of the SRO was also necessary to enable the highway stabilisation to be carried out.

The Council also prepared a Statement of Reasons in support of the Order and a copy is available by clicking on the link above.

Notification

Prior to the Order being submitted to the confirming authority the Council had to advertise the Order for two successive weeks in a local newspaper. The Council advertised the Order for two successive weeks in the Isle of Wight County Press.

The notice was also placed on each parcel of land contained in the Order.

The Council also had to serve notices on every person they had identified as having an interest in the land.

The Council then submitted the Order to the Secretary of State for Transport. The notifications of making the Order invited the submission of objections and the date by which all objections had to be submitted for the Order was 19 January 2007.

Objections

Objections were received and as some were received from 'statutory objectors' (those people whose land forms part of the Order) the Secretary of State for Transport has declared his intention to hold a public inquiry into the Order and the SRO. The date of the inquiry is not yet known however it is anticipated that it will be in late 2007.

The objections that have been received will be available for you to read via this page shortly.

Negotiations

The Council has been and will be negotiating with objectors to determine if there is any way in which a compromise can be reached. Any objector who is interested in negotiating with the Council further should write to:

The Isle of Wight Council
Undercliff Drive Reinstatement Scheme
County Hall
High Street
Newport
Isle of Wight
PO30 1UD

Or email: Undercliff@iow.gov.uk

Inquiry

The first obligation which arises for the acquiring authority after they have been given notice of the Secretary of State's confirmation to hold an inquiry is to file the Statement of Case.

The Council have done so and this forms the basis of the Council's case for making the Order. A copy of the Statement of Case can be viewed by clicking on this link.

The next step will be for the inquiry date to be fixed. Once the inquiry date has been fixed the Council will then have to file witness evidence.

Inquiry Procedure

The procedure before, during and after the inquiry is generally governed by the Compulsory Purchase by Non-Ministerial Acquiring Authorities (Inquiries Procedure) Rules 1990.

The Inquiry will be held before an Inspector who will listen to both parties cases (usually the Council will present their case first). The Inspector will usually require a site visit and may do so before, during and after the Inquiry.

After the close of the Inquiry the Inspector will make his recommendations to the Secretary of State for Transport who will then make the final decision based on the Inspector's recommendations although they may make a decision which is contrary to the Inspector's recommendations.

Costs

Statutory Objectors may be able to receive financial help towards the cost of employing a solicitor to help prepare their case if their income and capital are below certain financial limits. More information can be found by contacting the Legal Services Commission - www.legalservices.gov.uk

Confirmation of CPO

When the decision letter has been issued the Council must publicise the decision in the Isle of Wight County Press.

A copy of the notice and the CPO if confirmed must be fixed on or near the site and served on all owners, lessees, tenants and occupiers of the land.

Challenge to Confirmation of CPO

The validity of the CPO, if confirmed, can be challenged in the High Court under the Acquisition of Land Act 1981 if proceedings are brought within six weeks following the first newspaper publication of the notice of confirmation of the CPO. Objectors should seek independent legal advice if they were to follow this course of action.

If the CPO is not confirmed the Council can apply for a Judicial Review of the decision and must do so within 3 months of the decision being made.

Possession

If the CPO is confirmed the Council can acquire the land by one of the following methods:

• 1. By agreement - the fact that the CPO is confirmed does not preclude further negotiations and land owners may want to sell their land prior to the Council taking possession via the compulsory purchase route.
• 2. Notice to Treat followed by Notice of Entry - The Notice to Treat must be served within 3 years of the CPO being confirmed and it must also state that the Council is willing to negotiate for possession of the land. On receipt of a Notice to Treat a land owner must then reply within not less than 21 days submitting a Notice of Claim for compensation. If a Notice of Claim is not submitted the Council can refer the matter of compensation to the Lands Tribunal.
Following service of a Notice to Treat the Council can take possession of the land by serving a Notice of Entry and can then enter the land on a date not less than 14 days after service of the notice. Title to the land does not pass when the Council enter the land and they can only carry out activities in connection with the purpose for which the land has been acquired. Title will only pass to the Council once the issue of compensation has been settled either by agreement or the Lands Tribunal.
• 3. General Vesting Declaration (GVD) - the main difference with the GVD route is that it gives the Council the right to enter the land and also transfers title to the land to the Council.
• 4. Short Tenancies - the Council may seek to acquire a short tenancy (an interest of no greater than for a year or year to year) under the Notice to Treat route.
• 5. Blight Notice - the blight notice procedure is a process whereby the land owners can bring forward the acquisition of their land if it has become 'blighted' as defined by planning law. Land owners should seek professional advice if this situation arises.

Compensation

There is generally a right to compensation when possession has been taken of the land.

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