Compensation claims for compulsory purchase

COMPULSORY purchase compensation figures require detailed calculation.And the costs of obtaining professional help with that can be added to the bill.

“Government plans to accelerate spending on public works in coming years, to reduce the damage from the recession, could mean farmers being approached about compulsory purchase of their land,” says Shropshire-based chartered surveyor Philip Meade.

“As the government roles out its promised billion pound public spending programme, we are likely to see an increase in road works and new schemes which will have to go through consultation with councils, environment agency and planners.

“Landowners will be approached for use of their land, be it for temporary access or permanent use. If land is taken from them, farmers are entitled to compensation,” he said.

While basic compensation is paid according to the market value of the land affected, he points out farmers are also entitled to receive other reimbursements such as severance payments, perhaps where a farm has to change enterprises because of a project. For example, a farm may have to cease dairying if a new road prevents the cows being able to walk between fields and farm.

“Disturbance payments can be claimed too. If you are living next door to a noisy set of road works you may be entitled to claim for the cost of double glazing. If there’s dust about you can claim for washing your car.

“Farmers should be aware of their rights and take advice from an agent as soon as possible, bearing in mind that professional fees can be claimed.”

His advice is that as soon as a draft Compulsory Purchase Order comes out, farmers should consider whether or not to object. The draft CPO is the first step of the consultation process, enabling everyone to get involved.

“Once the CPO is confirmed and work starts it is too late to stop the procedure so you need to make sure you get all the necessary accommodation work scheduled, such as new accesses and fences etc.

“You should keep a diary of everything that happens, recording all meetings and any damage such as broken fences and cracked windows, as this could be potential evidence in a compensation claim,” says Mr Meade.

More information: Contact Philip Meade from Davis Meade Property Consultants at philipmeade@ dmpropertyconsultants.com

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