Compulsory Purchase Order Procedure Protocol

Introduction

Across the borough of Rushcliffe, there are in excess of 1000 private sector homes left empty for a number of reasons. Of these 476 are classed as being long-term empty, having been unoccupied for a period of six months or more. Whilst market forces, a transient population and certain circumstances which lead to properties become empty often can’t be helped, there are those which lay and remain empty, with no visible signs of returning to occupation.

There will always be a certain portion of these properties that are in the middle of a transactional process, going through Probate or about to be re-let, and whilst these will be monitored, generally are not a cause for concern.

The majority of long-term empty properties in Rushcliffe are hidden amongst occupied residential dwellings and are often not generally considered empty or vacant until the condition and external appearance are considered to be below the standards expected by the surrounding community. Many, if not given the appropriate attention and encouragement to the owner, can become longer-term empty eyesores, and negatively impact their neighbourhoods significantly.

Whatever the reason or circumstance surrounding an empty house, it represents a wasted resource that brings no benefit to the owner or local community. As of 1 August 2021, 476 private sector homes across Rushcliffe are recorded as having been empty in excess of six months, both restricting housing supply, and often discouraging inward investment and impacting on the quality of local life.

A small number of these can become particularly problematic for local neighbourhoods.

A Compulsory Purchase Order is a power available to Local Authorities to deal with problematic empty homes, with the emphasis on ensuring that every opportunity has been given to the owner to be encouraged, assisted and supporting in returning their property to use, whilst maintaining the interests of the immediate neighbourhood and wider community.

The Council will consider the appropriateness of a Compulsory Purchase Order as part of the wider consideration of all available options when it comes to bringing a property back into use, and each case is treated on its own individual merits.

Contents

Section 1

1.0 Purpose

1.1 Protocol Scope

1.2 Protocol Statement

Section 2

2.1 Identifying properties for Compulsory Purchase

2.2 Action prior to a case being referred for a Compulsory Purchase Order

2.3 Making and serving the Compulsory Purchase Order

2.4 Public Local Enquiry

2.5 Secretary of State's Decision

2.6 Implementation of a confirmed Compulsory Purchase Order

2.7 Disposal of a property following a Compulsory Purchase Order

2.8 Settlement of Compulsory Purchase Order Compensation

2.9 Key Stages and Indicative Timescales

Appendices

Appendix A - Compulsory Purchase Order outline of timescales

Appendix B - Procedure Process and Indicative Timescales

 

Section 1

1.0 Purpose

The purpose of this document is to set out the Council’s approach and decision-making process when considering the Compulsory Purchase of a Long-Term empty home in the Borough, with the intended aim of ultimately having the property brought back into use.

Rushcliffe Borough Council will only seek to acquire property via this route in accordance with legislation, if the development and refurbishment of such a property can be guaranteed, and that doing so contributes to the economic, social or environmental improvement of the area and community of which it is in.

Rushcliffe Borough Council recognises the impact that carrying out such enforcement may have on the owner and surrounding residents and this option is not taken lightly, only being pursued when all other enforcement and encouragement options have been considered and with a view to returning a specific property to use.

This protocol aims to provide members and residents with a clear understanding of the Authority’s approach to be adopted, what level of compensation (if any) may be offered, and practical guidance and support to those who may be affected.

1.1 Protocol Scope

This protocol applies to all long-term empty properties and will be considered where all other options of support assistance have been considered and have failed to encourage the owner to bring the property back into use. Due to the process followed to encourage and support owner to bring their properties back into use, it is likely that the property will have been empty for at least five years or more, and has proved to have been the cause of considerable detriment to the local area and community. This enforcement method is viewed as a last resort, and as a result of both continued inaction by the owner, and there being no prospect of a property becoming occupied in the near or distant future.

1.2 Protocol Statement

This protocol will ensure that Rushcliffe Borough Council has at its disposal, the benefit of an additional tool to address the issue of problematic, long-term empty homes, where conditions are satisfied and other opportunities for both informal and formal action by the local authority have been considered and discounted.

Compulsory Purchase Orders (CPOs) are the final sanction available to Local Authorities to improve substandard private sector housing where persuasion or statutory notices have failed. CPOs can be used to improve occupying tenants living conditions, for planning or development use, or to return long-term empty properties to residential use. This document looks specifically at the position of long-term empty properties.

Section 17 of the Housing Act 1985 gives Local Authorities the power to acquire buildings and land through a Compulsory Purchase.

The Department of Communities and Local Government (DCLG) is the government department responsible for monitoring this procedure. Local Authorities must submit applications to confirm CPOs through the DCLG, to the Secretary of State who is the confirming Authority.

Our key strategy themes can be summarised as follows:

• Empty and derelict properties can blight an area, encourage crime, drug use, vermin and vandalism, and are unacceptable in an area of high housing demand;
• CPOs will be used to bring empty properties back into use where all other avenues have been exhausted or failed;
• Priority shall be given to derelict empty properties where no other solution can be found and which are causing a nuisance, or are having a detrimental effect on the local community;
• Where we use our housing powers to compulsorily purchase empty properties, we will ensure that the stock of affordable housing in the Borough will increase where practically possible, by entering into longer-term lease arrangements with the partners who subsequently purchase the property;
• Registered Social Landlords (RSLs) and ‘preferred landlords’ will be our partners in the provision of additional affordable housing units through this process.

This protocol fits within the DCLG guidance where there is a general expectation that, following acquisition through compulsory purchase, local authorities will not keep properties as part of their permanent housing stock. As a result, the local authority will look to dispose of properties purchased using a CPO through prior agreement with a housing association or residential landlord, or by achieving a back-to-back disposal through auction or marketed sale.

The Council recognises the advantages in maintaining an effective and successful programme of Compulsory Purchase. The transformation of badly managed, poor condition housing to improved, permanent homes for residential use has a marked impact on the local environment, the quality of life for residents, and the perception of our commitment to improve substandard and problematic properties.

Section 2

2.1 Identifying properties for Compulsory Purchase

Properties selected for Compulsory Purchase action must meet at least three of the conditions listed below:

• The property has been empty for more than five years;
• The property is in need of extensive remedial works, and continues to have a detrimental effect on the neighbouring properties and wider community;
• The property is the subject of enforcement action by other teams or departments within the local authority, or other public authorities such as the police or fire services;
• The property and its condition, are affecting the integrity and condition of nearby properties, and be highly likely to further deteriorate should the property continue to remain unoccupied;
• There are financial debts or charges on the property, owed to the local authority as a result of works in default being carried out, unpaid council tax bills, or outstanding charges;
• Properties causing a serious nuisance, or pose a threat to the condition of adjacent buildings, or the health and safety of the public.

Having met these conditions, the following additional criteria may also prioritise those that are pursued with most urgency:

• Properties causing a serious nuisance, or pose a threat to the condition of adjacent buildings, or the health and safety of the public;
• Properties identified by the police or local authority as causing particular problems in terms of crime, the fear of crime or anti-social behaviour.

2.2 Action prior to a case being referred for a Compulsory Purchase Order

In line with the Council’s Empty Homes Strategy, the local authority will write to the owner, enquiring about their proposals and intentions for the property. This letter will include advice about how the property could be brought back into use.

If there is no reply within 31 days of the letter, the EHO will write again, explaining that the Council will consider using its powers to compulsory purchase the property, amongst other all other options for enforcement.

If there is no response to this within 31 days, the owner will be sent a third letter. This will explain that if there is no response, the Council will take action to seek a compulsory purchase order, if determined to be the most suitable course of action for that particular property.

If after a further 31 days there is still no response, the owner will be sent a final letter, informing them that an application for a CPO will be made.

The Council will reconsider the position of pursuing a CPO at any point during this process if the owner is to contact the local authority and provide a timetable for action. This should include timescales for:

• Making a planning application
• Starting work
• Any major milestones foreseen during the building programme
• Completion date
• Tenancy start date (to be provided once works are complete)

Assuming that the owner responds positively and that the proposed timescales are reasonable, a letter will be sent to the owner saying that the process will be deferred for a period of six months. Once five months have expired, the Empty Homes Officer (EHO) will contact the owner for a progress update. If progress is on target, and within the agreed timescales then CPO action will continue to be deferred. If however there has been no action, or that progress has been significantly delayed without the Empty Property Service being informed, CPO action will commence.

Contact with the owner will be put in writing. Full written notes of all conversations both in person and over the telephone will be made at the time as they are admissible as evidence, and copies of these kept on file and given to the owner.

2.3 Making and serving the Compulsory Purchase Order

The EHO will be responsible for progressing the case through to completion. The file will include copies of letters sent to the owner, land registry search, reports from Environmental Health Officers, Planning Officers and notes of meetings and correspondence with the owner.

The EHO will inform the Estates Team, and other departments where relevant, of their intention to pursue a CPO. The EHO will be responsible for providing an estimate of the cost of acquisition and a location map showing the subject property and the net and gross areas of land. The EHO will also establish whether planning consent is likely to be available for residential use and whether the property is listed or situated in a Conservation Area.

The EHO will write a report in accordance with the Council’s standard guidelines, for decision by the Executive Management Team under their delegated authority. This report will include:

• A detailed description of the property and its condition;
• All details of attempts made to encourage voluntary improvement, and historical involvement;
• All financial implications for the authority, including the purchase, disposal, legal costs and compensation payments due;
• Details of the disposal plan for the property, either through a back-to-back sale or to a Housing Association, should the CPO be confirmed;
• Recommendation that the Director responsible for Housing agrees that a CPO should be made, and that officers are instructed to take all necessary action to implement the resolution.

If the appropriate Director agrees with the recommendation, the decision is registered with the local authority’s legal department, and the EHO prepares all documentation required to support the Council’s application to the Secretary of State for confirmation of the CPO. The following documents will need to be prepared for submission:

• A schedule identifying and describing all interests in the buildings and/or land;
• A map showing the subject property (referred to as the ‘Order Map’), and
• The Statement of Reasons for making the CPO. This sets out the reasons why the Council wants to make the CPO and details its proposals for the property if the CPO is confirmed.

The process of identifying and describing the ‘Schedule of Interests’ in the land is known as ‘referencing’. It is designed to identify all those persons with an interest in the land affected by the CPO. These persons must be served with documents relating to the CPO at certain designated stages of the procedure. If a person with a legal interest in the property is not served this, it could cause the whole CPO to fail.

Checks will be made with HM Land Registry to identify all registerable interests. Office copy entries will show names and addresses of the freeholder, lessees and any mortgages. All of these parties shall be sent a letter by recorded delivery asking them to declare their interests in a standard form. If no reply is received within 21 days, another letter, enclosing a copy of the first, shall be sent, again by recorded delivery. A response will be requested within 21 days.

The ‘Order Map’ will show the land to be acquired and will usually be scale 1:500. It will be given an appropriate title and an ‘attestation clause’ (a statement confirming authenticity). The map will show the extent of the land to be acquired by a broken black verge and will number where appropriate. Street names in the immediate vicinity will be marked and a ‘North Point’ shown. 20 copies of the map will be ordered.

The Order Map will be 100% accurate. If, after an external inspection of the property, it is discovered that there is a discrepancy with the ordinance survey map, or the map attached to the office entries, the procedure for obtaining access for the purposes of an internal survey will be followed. The Council’s Legal Services will be instructed to obtain a court order to facilitate access to the property.

A ‘Statement of Reasons’ will be prepared to support the CPO. This statement will explain why the Council has decided to make and pursue a CPO. The Statement of Reasons will not normally exceed five pages of A4.

When the Schedule of Interests, Order Maps and Statement of Reasons have been finalised, the legal formalities need to be followed. There are prescribed forms that must be used for the order and the press advertisement. These can be found in the Compulsory Purchase of Land Regulations 1994. In summary these are:

• Details of land in question
• What legislation is being used
• Details of where the Notice can be examined
• Information about how and where to make an objection
• How long the advert must run for, (i.e. two consecutive weeks)

The next stage will involve the making, serving and advertising of the CPO and submission to the Secretary of State. This part of the procedure will be followed in consultation with Legal Services.

• 4 engrossments of the Order and four copies of the map will be prepared along with the Statement of Reasons. 14 paper copies of the Order and Map will also be prepared;
• The Order will be sealed (all four engrossments of the Order and all 4 linen copies of the map) and then made;
• Notice of the making of the Order along with the Statement of Reasons will be served by hand or recorded delivery on the owners, lessees and occupiers giving not less than 21 days for objections to be made;
• A copy of the Order and Map is placed on deposit for public viewing at one or more appropriate places;
• A notice of the making of the Order must be publicised in the local press for two consecutive weeks.

Following the second advertisement of the Notice in the local press and service of the Notice on those with an interest in the land, the Order will be submitted to the Government Office for London for confirmation. The following will be sent: 

• one sealed and four unsealed copies of the Order plus two sealed and four unsealed copies of the Map;
• certificate in support of the Order stating that the Notice has been published and served;
• A certified copy of the Council’s resolution to make the Order (the report to the Director responsible for Housing);
• A report on the property by the Council’s Estates Team.

2.4 Public Local Enquiry

If a CPO is unopposed, the Secretary of State will normally issue a decision within two months of receiving the Council’s application for confirmation.

However, unopposed CPOs tend to be the exception and objections are made in most cases. This means that a Public Local Inquiry into the matter will be held. This section therefore assumes that a Public Local Inquiry is to take place because of an objection. All action taken under this section should be taken in consultation with Legal Services.

Any person with an interest in the property may make an objection to a CPO. The objection must be in writing and submitted to the DCLG. The most common objections from owners are disputing the Council’s case and wanting more time to put proposals into effect.

At the end of the objection period, the DCLG will send copies of objections to the Council and announce that it intends to hold a Public Local Inquiry usually giving 10-12 weeks’ notice. The procedure for public enquiries is set out in the Compulsory Purchase by Non-Ministerial Acquiring Authorities (Inquiries Procedures) Rules 1990.

The Council is responsible for paying the administrative costs of DCLG and the expenses for the Inquiry. The current cost is approximately £500 for each day of the inquiry.

Once the date of the Public Local Inquiry is fixed it will only be changed in exceptional circumstances. The ‘Statement of Case’ and copies of all Council documents must be submitted to the Secretary of State and objectors either six weeks from the date of the DCLG`s letter informing the Council of the need for a Public Local Inquiry; or 28 days before the Inquiry, whichever is the earlier.

The ‘Statement of Case’ is an extended and more detailed version of the Statement of Reasons prepared earlier in the procedure. It is a factual statement of the Council’s reasons and case for compulsory purchase.

Copies of documents that the Council intends to refer to or put in evidence at the Inquiry vary depending on the case. However, only written correspondence and statutory notices, are acceptable as evidence. The Statement of Case and all other documents to be referred to the Inquiry should be prepared at least two weeks before the deadline for the service of documents.

Once the Statement of Case and documents to be referred to at the Inquiry are prepared, work shall begin immediately on drafting the ‘Proof of Evidence’ for the Council’s main witness(s). The Proof of Evidence can vary according to the evidence compiled in the case, and should include:

• All details of attempts made to encourage voluntary improvement, and historical involvement;
• All financial implications for the authority, including the purchase, disposal, legal costs and compensation payments due;
• Details of the disposal plan for the property, either through a back-to-back sale or to a Housing Association, should the CPO be confirmed.

Both the Council and owner are entitled to engage legal representation to act on their behalf at the Inquiry, although this is not compulsory. Rushcliffe’s practice is to engage Counsel (acting as its advocate) in every case. Choice of Counsel should be made at an early stage, so that they can be involved in all the various steps prior to the inquiry hearing.

The Proof of Evidence should be finalised at least three weeks before the Inquiry. This will give Counsel sufficient time to consider the draft, for a conference to take place before the Inquiry and for amendments to be made in the light of Counsel’s advice. Discussions on presentation of the Council’s case and tactics to be adopted should be finalised with Counsel.

The Proof of Evidence must be provided to the Secretary of State at least three weeks before the inquiry date. Copies must also be served on all other parties involved in the public inquiry.

The Inquiry will be conducted in accordance with the Inquiry Procedures Rules. The Inspector appointed by the Secretary of State opens the Inquiry, explains the procedure to be adopted and asks for an attendance list to be circulated. Counsel, on behalf of the Authority, will set out the case for the CPO to be confirmed. The owner, or their representative, will have an opportunity to cross-examine at the end of the presentation. The owner will then present their case and will be cross-examined by Counsel and questioned by the Inspectorate. Finally, Counsel has the right to present a summary of the Council’s case. The Inspector will then announce an intention to carry out an inspection of the property before formally closing the Inquiry.

Both the Inspector and the Council’s witness are invited to join the Inspector at the site visit but are not permitted to present any further evidence. The whole inquiry process is likely to last one to two days.

2.5 Secretary of State's Decision

The Secretary of State’s decision is normally notified to the Council 2 to 3 months after the Public Local Inquiry. If the CPO is not confirmed by the Secretary of State this will generally be because of a legal technicality or a weak case. The Council can apply to the High Court for judicial review of the decision on legal grounds.

If the Secretary of State confirms the CPO, the Borough Council’s Solicitor will prepare a ‘Notice of Confirmation’ for service on all parties and for press publication. This Notice contains provision for any person to appeal to the High Court against the Secretary of State’s decision to confirm the CPO. The appeal must be lodged within six weeks and can only be made on a point of law. At the end of the six-week period the Borough Council’s Solicitor will establish from the High Court whether an appeal has been made and if not, will seek instructions.

2.6 Implementation of a confirmed Compulsory Purchase Order

If the Council gave an undertaking during the Public Local Inquiry, not to implement the CPO for a defined period it will be necessary to monitor any refurbishment works being carried out throughout the period. If refurbishment works are satisfactorily completed the CPO can be rescinded altogether.

If no undertaking was given, or at the end of the undertaking period refurbishment works are not completed, the procedure for implementing the CPO and taking possession of the property can commence. CPOs must be implemented within 3 years of the Notice of Confirmation being served. The Council has two means available to gain possession of the property. These are the ‘Notice to Treat’ and ‘Notice of Entry’ procedure and the ‘General Vesting Declaration’ procedure.

The main advantage of the Notice to Treat and Notice of Entry procedure is that it is quick. The Council is able to take possession of the property within 14 days of the Notice to Treat and Notice of Entry being served. However, it does not give the Council ownership and compensation claims can take up to two years. 

The General Vesting Declaration (GVD) procedure gives the Council possession and ownership in three to four months. Unless there are special circumstances that require the Council to take possession of the property within 14 days, the GVD is the preferred route for implementing a CPO.

The GVD process is dealt with by legal services and involves the following:

• Serving a Statement concerning GVD on those with an interest in the land (the `first notice`);
• Publication of a Statement concerning GVD in the local press;
• Following a two-month period as required by the Act, notice of making the GVD is served and published in the local press (the `second notice`).

Serving and publishing the Notice of the GVD (the second notice) has the effect of a compulsory exchange of contracts. On the 29^th day after serving the notice, the property vests to the Council, entitling the Council to possession. The GVD will give good title to the land even though compensation has not been settled and may still have to be determined by the Lands Tribunal.

Arrangements for the Council to take possession of a property in furtherance of a GVD should be made immediately after the second notice has been served. The arrangements must include the following elements, which should all be confirmed in writing:

• A Council representative must attend the property at the time and date possession is being taken. Arrangements should also be made for a locksmith to attend in case a forced entry is necessary and to secure the property afterwards;
• A valuation surveyor shall be engaged to attend the property at the appointed time and date to prepare a schedule of condition recording the state of repair;
• The owner shall be told that officers authorised by the Council will be taking possession at the appointed time and date. The owner should be invited to attend to hand over keys and agree a schedule of condition with the Council’s valuation surveyor.

If the owner or any other person prevents access, officers of the Council shall abandon the exercise. Legal Services must be informed immediately and instructed to prepare a Sheriff’s Warrant for possession.

2.7 Disposal of a property following a Compulsory Purchase Order

The Council will dispose of properties acquired through the use of a CPO, either to a Housing Association / Registered Social Landlord (RSLs), or through a back-to-back sale directly to a third-party buyer.

The local authority’s preferred partner housing association will be notified of the intention to pursue a CPO, in order for them to assess and determine whether the property will be suitable for housing need in the area, and fit within their acquisition and development policies. Should this be confirmed as a possibility, a valuation of the property will be undertaken to determine the market value, and subsequently offered to the Housing Association as a purchase at market value, dependant on the CPO being successful.

Where the property is not of interest to the Council’s preferred Housing Association, the local authority will aim to conduct a back-to-back purchase/sale of the property on the day of completion of the CPO, whereby the property transfers directly to the ownership of a third party, rather than being held by the council for any period of time. This can be achieved through marketed sale, or auction.

2.8 Settlement of Compulsory Purchase Order Compensation

The date that ownership of a property is vested in the Council, or the date of possession in the case of the Notice to Treat and Notice of Entry, is significant for the settlement of CPO compensation.

• The date of vesting or possession is the valuation date for assessing value of the land;
• Interest on compensation agreed or assessed runs from the date of vesting or possession;
• Immediately after the date of vesting or possession the dispossessed owner can make a claim on the Council for an advance compensation payment of up to 90% of the Council’s valuation. Any claim does not signify acceptance of the Council’s valuation.

The Valuation Department is responsible for the conduct of negotiations for settlement of compensation. They must ensure that every effort is made over a reasonable period to settle compensation by agreement. If no agreement is reached, either party can refer the matter to the Lands Tribunal for determination. Once a case has been referred to the Lands Tribunal a hearing date will be fixed. The waiting time for a hearing is about six months. At the hearing each side gives evidence about the level of compensation that could be assessed. The Tribunal reaches its decision two to three months after the hearing and is final.

If the owner is untraceable, if he refuses to accept compensation determined by the Lands Tribunal or if there is a dispute about who is entitled to compensation then the Council can pay money into the Court of Protection for a period of seven years.

If unclaimed at the end of this period, the Council can claim this as a capital receipt.

It is possible to put some charges onto the property, which can be claimed back when the property is sold. This would include bank charges and professional fees.

2.9 Key Stages and Indicative Timescales

The summary and timescales are based on the following assumptions: 

• There is an objection to the CPO necessitating a Public Local Inquiry. If there is no objection and no Inquiry the overall timescale will be reduced by approximately 6 months.
• No appeal is made on the High Court against the Secretary of State’s decision to confirm a CPO. If a valid appeal is made at least six months to the overall timetable will be added. (This would also incur additional costs).
• The CPO is implemented by way of the General Vesting Declaration procedure.
• An indicative outline of timescales can be seen in Appendix A.

Appendices

Appendix A - Compulsory Purchase Order outline of timescales

Compulsory Purchase Order outline of timescales

Stage	Typical Timetable
1.0 Action before a case can be referred for CPO Selecting the property, gathering information and establishing ownership  Action by the Empty Property Officer to encourage voluntary improvement and threat of CPO	Depending on individual circumstances and any response from owners, a minimum of 4 months needed from first letter to the Director to demonstrate last resort action. However, in practice this is more likely to take 6 month.
2.0 Making and serving the CPO Report to Executive Management Team recommending CPO Referencing, the Order Map and the Statement of Reasons Making, serving notice and advertising Submitting CPO to DCLG (via GOL)	Start By month two By month three By month five
3.0 Public Local Inquiry Notice of Intention to hold Public Local Inquiry Statement of Case and supporting documentation Proof of Evidence, conference with Counsel and Public Local Inquiry	By month seven By month nine By month ten
4.0 Secretary of State's Decision The Secretary of State’s Decision The Notice of Confirmation Period of Appeal to High Court (6.4)	By month thirteen By month fourteen By month sixteen
5.0 Implementation of a confirmed CPO Consideration of procedure options for implementation of confirmed CPO General Vesting Declaration Taking possession / ownership of the property	By month sixteen By month nineteen By month twenty
6.0 Disposal of  a property following compulsory purchase Onward disposal of property	Depending on individual circumstances
7.0 Settlement of CPO Compensation Settlement of CPO compensation	Depending on individual circumstances

 

Appendix B - Procedure Process and Indicative Timescales

B.1 Action prior to a case being referred for a Compulsory Purchase Order

1. EHO writes to owner, including details of options.
2. If there is no response within 31 days EHO sends a reminder to owner.
3. If there is no response within 31 days EHO writes again warning of CPO action.
4. If there is no response within 21 days EHO writes again stating intention to start CPO if no response.
5. If there is no response within 21 days EHO writes again stating that CPO application will be made.

At this point there are two possible routes:

A. The owner contacts the Empty Property Service, or

B. Council commences with CPO action.

If the owner makes contact with the Empty Property Service at any time after receipt of the initial letter and before the Council commences CPO action, the following course of action will follow.

1. Owner contacts the Empty Property Service
2. Owner provides programme of work, including timescales
3. Within five months EHO contacts owner to check progress of work

At this point:

1. The works are completed
2. Property is occupied

Or:

1. Insufficient or no action to complete works
2. Council commences with CPO action.

B.2 Making and serving a Compulsory Purchase Order

Steps in the process of making and serving a CPO.

1. EHO obtains estimate of cost and location map
2. EHO establishes need for planning permission and listed property
3. Within one-month EHO drafts a report for decision by Director for Housing
4. Within 10 days Director approves report
5. Director prepares documents for Secretary of State
6. Within two months of report approval Director carries out 'referencing', 'Order Map' and 'Statement of Reasons'
7. Within one month Director makes and serves notices and advertises
8. Within two months Director submits case to GOL.

B.3 Secretary of State Decision Process

1. Secretary of State receives a CPO
2. Within two months - CPO is unopposed and the Secretary of State issues a decision.

B.4 Secretary of State Decision Process

1. Secretary of State receives the CPO
2. Within two months - Notice of Intention to hold a Public Local Inquiry
   
3. Within two months - Statement of Case and supporting Documentation
   
4. Within one month - Proof of Evidence, conference with Counsel and Public Local Inquiry
5. Within three months - The Secretary of State issues a decision.

B.5 Secretary of State Decision Process

1. Secretary of State confirms the CPO
2. Within one month a Notice of Confirmation is issued
   
3. Two months - Appeal period to the High Court (on point of law only).
   

B.6 Implementation of a confirmed Compulsory Purchase Order

1. Consideration of options for implementing confirmed CPO
2. Within 10 days - General Vesting Declaration procedure
3. Within one month - Statement served and published (first Notice)
4. Within two months - Notice served and published (second Notice)
5. Within two months Council takes possession / ownership of the property.

When the Council gave an undertaking during the Public Local Inquiry, not to implement the CPO for a defined period:

• If refurbishment works are done and successfully completed the CPO action will be rescinded
• If no refurbishment works are done or successfully completed, the CPO will move through stages two to five above.