land value, cpo and supermarkets

goldandblack

No, the council should compensate the supermarket and us for loss of land and the supermarket should buy the land it needs fo access, not hide behind the council and pick up the leftovers on the cheap.

wastedtalent

goldandblack wrote: »

No, the council should compensate the supermarket and us for loss of land and the supermarket should buy the land it needs fo access, not hide behind the council and pick up the leftovers on the cheap.

Surely the land swap means the supermarket is giving land and getting land, probably the same amount, and as its in the same area, of the same value, thus it's not making/losing anything?

poppysarah

wastedtalent wrote: »

Surely the land swap means the supermarket is giving land and getting land, probably the same amount, and as its in the same area, of the same value, thus it's not making/losing anything?

It's not the same value *IF* they need this particular bit for access.


Supermarkets are bullies re: PP most of the time.

wastedtalent

poppysarah wrote: »

It's not the same value *IF* they need this particular bit for access.


Supermarkets are bullies re: PP most of the time.

But they only need that bit for access if they give up their other bit they use for access?

poppysarah

wastedtalent wrote: »

But they only need that bit for access if they give up their other bit they use for access?

So why don't they keep the bit they already have for access.

After a local T***o's initial planning application they put in loads of individual changes to it - each as a sep change, pushing the boundaries further and further.

lincroft1710

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.

Just follow the advice in this post, you need an expert to help you. To reiterate, it won't cost you, as the council are legally bound to pay the fees of your adviser (most probably a Chartered Surveyor) who will also negotiate the compensation for you.

JQ.

poppysarah wrote: »

So why don't they keep the bit they already have for access.

Because it's being CPO'd by the council. If the Council were not CPO'ing the supermarket's land they would not need the OP's land. It is the Council creating the issue and they are resolving it with CPO Powers.

poppysarah

JQ. wrote: »

Because it's being CPO'd by the council. If the Council were not CPO'ing the supermarket's land they would not need the OP's land. It is the Council creating the issue and they are resolving it with CPO Powers.

So the Q would be why is the council getting involved at all?

Somerset

JQ. wrote: »

Because it's being CPO'd by the council. If the Council were not CPO'ing the supermarket's land they would not need the OP's land. It is the Council creating the issue and they are resolving it with CPO Powers.

But they don't need all of the OP's for the CPO. They are CPOing the section needed and then CPO'ing an additional section to negotiate down the CPO cost to the Council of moving the supermarket around.

I suspect they can do this but it isn't my area. However my O/H used to work with CPO's and I'll ask him to post here tonight.

JQ.

poppysarah wrote: »

So the Q would be why is the council getting involved at all?

Because they are widening the road.


"in theory", they should be using their CPO powers for the greater good of the community. I'm not in a position to say whether that's actually happening here.

The OP "in theory" should be no worse off financially from the scheme, it's just a pain in the @ss that he'll have to move. However, the OP can smell money and is hoping to be paid the value of supermarket land for his garden land, which I can understand to a degree, but the founding principle of any CPO Scheme is that for the purposes of calculating value "the scheme" is to be ignored, so that people don't end up with windfall payments, such as the OP is hoping for.

OP - you won't get any sensible advice here I'm afraid, people are trying to apply logic to the situation, which often does not occur in CPO. It is an incredibly complicated process and there are very few specialst Chartered Surveyors who are experienced in it. The likelihood of finding one on here is very slim. Contact the RICS get some names of specialists and employ them - their services will be paid for on your behalf by the acquiring authority.