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Compulsory Purchase Orders

Powers to acquire land and buildings compulsorily are, nowadays, almost entirely vested in public authorities which include Government Departments, Local Authorities, National Park Authorities and Statutory Corporations such as the Environment Agency, the Civil Aviation Authority and the Urban Regeneration Agency.

For example, within Tameside, the new section of the M60 came under the auspices of the Secretary of State for Transport, Local Government and the Regions and the Metrolink system is being provided by the Passenger Transport Authority.

However, most Compulsory Purchase Orders (CPO's) within Tameside are promoted by the Council and, although they can be used for a vast array of purposes, the majority are made for:

  1. Clearance of unfit housing - Housing Act 1985 (e.g. Ashton Renewal Area)
  2. Acquisition of Individual Empty Dwelling Houses for Continued Housing Use - Housing Act 1985
  3. Development or Regeneration - Town and Country Planning Act 1990 (e.g. Huddersfield Narrow Canal Stalybridge/Town Centre Redevelopments)
  4. Local Road Schemes - Highways Act 1980

The basic outline of procedure for a CPO made by the Council varies slightly depending on the legislation being used but is generally as follows:

  • Formulation
  • Resolution
  • Order
  • Objections*
  • Inquiry*
  • Decision
  • Possession
  • Compensation

* Objections are not always received to Compulsory Purchase Orders and, in such cases, Inquiries are not required.

Formulation involves justifying the proposals as a CPO has to be shown to be more than just "desirable". Title and boundary investigations, selection of the correct legislation and negotiations with owners to acquire by agreement all take place before a resolution to make a CPO is obtained.

The Order is submitted to the relevant Secretary of State and if objections are made, a Public Local Inquiry may be held by an Inspector who will report his findings and recommendations to the Secretary of State. The Secretary of State's decision will be:

  1. To confirm the Order.
  2. To reject the Order.
  3. To confirm the Order with modification.

There is also, at the Secretary of State's discretion, a facility to consider objections through written representations which would mean that a Public Local Inquiry would not be required.

If the Order is confirmed or confirmed with modification, the Council proceeds to take possession of the land which takes a minimum of 3 months from that date. Once the land becomes vested in the Council, anyone holding legal title to any of the CPO land will then have their interest transferred into an interest in compensation.

If your enquiry relates specifically to a CPO issue in Tameside, please contact:

Postal Address Legal Services, Council Offices, Wellington Road, Ashton-under-Lyne OL6 6DL
Telephone Number 0161 342 3057 or Send Electronic Message Send Us a Message

A series of free booklets relating to CPO procedures and compensation are available from:

Postal Address Department for Transport, Local Government and the Regions, DTLR Free Literature, PO Box No 236, Wetherby, LS23 7NB.
Telephone Number 0870 1226 236

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