land value, cpo and supermarkets

goldandblack

We have been served a cpo notice by the local council as our property is needed for a road widening scheme, it is a substantial plot, the rest of the land not required for the road is being "given" to a supermarket chain to appease them for the partial loss of some of their existing loading bay area they too will lose due to the road widening. Our land will then provide critical access for the supermarket loading bay.

We feel the council are purchasing our land cheaply (market value)then donating what is left over to avoid compensating the supermarket (potentially very expensive) Can the council do this? should the supermarket buy this land first?

I am aware of ransom value, (stokes v cambridge) not sure how to prove it though? but for now more interested in the etiquette involved in this precedure and the actions of the local council, as we also own an adjacent property that is going to be blighted by all this but not technically required for the scheme.

Unfortunately we dont seem to get much joy from local 'agents'.

poppysarah

There's a man whose farm is still right where they wanted to put the M62.
I assume he put his foot down.

Mallotum_X

Can you divide up your land? let them buy the bulk from you fro the road scheme but hang on to some of what they would want to give to the supermarket.

Either way if you are losing your home is it worth worrying about what happens beyond getting reasonable value for it. Have you employed independent valuers to compare to the council offer?

sirmosh

I have no idea how such things work but in my mind they should be paying you miles over the real value of the house to make up for the fact they're forcibly taking it away from you.

daveyjp

CPO is a specialist area of law, as an affected party you need advice from someone who specialises in CPO. The costs of you employing an adviser will be covered by the acquiring Authority.

You will get market value of your property, no more no less, plus disturbance allowances. You will also be eligible for compensation for dimunition in value of unaffected land.

PS - The farm story is a myth - it was never needed for the M62.

goldandblack

Hi Djp

I understood that the supermarket should enter into negotiations at first, the council cpo should be a last resort? Basically after the road widening the supermarket would be unable to function with out that access into its loading bay.

CPO is quite complicated, ransom value is part of that procedure, but i cant see how the council can be allowed to 'donate' land to a third party which would have coast that third party substantially more if they purchased it themselves, and all to save themselves hefty compensation to the supermarket in the first place!

Im digging constantly to see if there is some sort of code of practice in the events, because its a case of david and goliath here.

Any snippets on info or pointers in the right direction appreciated

poppysarah

daveyjp wrote: »

CPO is a specialist area of law, as an affected party you need advice from someone who specialises in CPO. The costs of you employing an adviser will be covered by the acquiring Authority.

You will get market value of your property, no more no less, plus disturbance allowances. You will also be eligible for compensation for dimunition in value of unaffected land.

PS - The farm story is a myth - it was never needed for the M62.

http://en.wikipedia.org/wiki/M62_motorway
That's what this says - but what does "The road forks around the farm for engineering reasons owing to the surrounding area's geology,"
actually mean?
They're talking about contours on the available video clip.

The only other bit of motorway I can think of that isn't side by side is that bit on the M5 where one is HIGH above the other.

I'm they'll have offered compensation against noise - god whats how good even triple glazing is against the constant roar of traffic.

I think there was good compo payouts when they built the m60 around here due to increased noise and dirt pollution. It decreased the further away you were.

daveyjp

"Basically after the road widening the supermarket would be unable to function with out that access into its loading bay."


So you are suggesting the Council CPO's a supermarket and pays millions to relocate them, rather than do a land swap which saves the Council millions? It seems the Council are doing the correct thing and being prudent. You are still only entitled to the value of your property, plus costs etc.


http://www.communities.gov.uk/documents/planningandbuilding/pdf/147648.pdf

daveyjp

"That's what this says - but what does "The road forks around the farm for engineering reasons owing to the surrounding area's geology,"
actually mean?"

It means what it says - the geology of the area meant building around the farm was a cost effective solution. The Wiki entry photo doesn't show it very well, but the westbound carriageway is higher than the eastbound. The M6 at Shap also splits to accommodate the contours.

poppysarah

daveyjp wrote: »

"That's what this says - but what does "The road forks around the farm for engineering reasons owing to the surrounding area's geology,"
actually mean?"

It means what it says - the geology of the area meant building around the farm was a cost effective solution. The Wiki entry photo doesn't show it very well, but the westbound carriageway is higher than the eastbound. The M6 at Shap also splits to accommodate the contours.

I've been on that bit of road quite a few times. I've never considered it as dramatic a drop between them ... I spose in terms of cost effectiveness two roads is cheaper than cutting out the middle.

I will have to go on the M6 at Shap sometime

JQ.

There was an entire program about that farm, and it is a myth. The occupier is a tenant and was happy to stay.

With regard to the CPO case Daveyjp's advice appears spot on to me.