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Compulsory Purchase

The Hewitsons Planning team has extensive experience of advising landowners, developers and public authorities in relation to the compulsory acquisition of land and compensation issues.

This includes strategic advice to developers and local authorities on the use of compulsory purchase to assemble land for regeneration, infrastructure and other projects, as well as the preparation of compulsory purchase documentation and notices on behalf of local authorities, representation at public inquiry in relation to the confirmation of the order and defending references to the Upper Tribunal of the Lands Chamber. We also have experience of negotiating compulsory purchase indemnity agreements between developers and local authorities, and can advise generally on the implications for the public authority of compensation issues.

We also advise those affected by compulsory purchase orders as to their legal rights and the potential impact of the order, including blight. We can offer guidance as to how to object to a proposal on legal, planning, technical and other grounds, and can represent objectors at compulsory purchase order inquiries. We can assist surveyor/valuers in negotiations with acquiring authorities of compensation settlements, advising on the legal principles underlying the compensation calculations. We can advise on the use Certificates of Alternative Development so as to maximise the compensation payable. Where the level of compensation cannot be agreed, we can conduct proceedings in the Upper Tribunal.

Our experience in this field includes advice in relation to the implications of HS2 and the A14 road widening, including safeguarding and compensation principles.

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