Q&As

In relation to a confirmed compulsory purchase order, can the local authority continue to negotiate voluntary buy backs with leaseholders after a preliminary notice of a general vesting declaration has been given?

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Produced in partnership with Jo Hannah of Winckworth Sherwood

Published on: 29 January 2020

It is not known whether the Compulsory Purchase Order (CPO) was confirmed prior to 3 February 2017 when the procedure for making general vesting declarations (GVD) changed in relation to CPOs made after 3 February 2017, but, in either case, notice has to be given of the effects of the making of a GVD. In CPOs made before 3 February 2017, a Preliminary Notice is to be served pursuant to section 3 of the Compulsory Purchase (Vesting Declarations) Act 1981 (CP(VD)A 1981) either in the notice confirming the CPO or by a separate notice setting out the effect of CP(VD)A 1981 (ie the ability of the acquiring authority (AA) to make a GVD vesting all or part of the land, the subject of the CPO in the AA and the ability of those affected by the GVD to claim compensation).

For CPOs made after 3 February

Jo Hannah

Winckworth Sherwood

Jo has over 20 years experience of dealing with Planning, Highway and associated matters. She started her career in local government and became the Head of the Planning and Highways legal team at a metropolitan authority. Having joined private practice she regularly advises private and public sector clients on a range of planning matters including on major regeneration schemes in London including providing advice on complex CIL issues and Section 106 agreements. She has advised on heritage matters including the negotiation of Heritage Partnership Agreements in respect of large heritage assets. She also advises on appeals and enforcement matters. In addition to planning she has been involved with resisting applications to list buildings and land as assets of community value and in resisting many applications to have land listed as a Town and Village Green. She also has the experience of advising on complex highways matters in both the public and private sector. She is recognised in Chambers and Legal 500 as a 'recommended lawyer'.