Projects of this nature often require the compulsory purchase of land and buildings, but it can be a complex process – landowners are protected by a statutory code, have the right to object, and can claim significant compensation.
Our team has a comprehensive knowledge of CPO rules and practice, and appreciate how Lands Tribunal claims process works. We therefore have the expertise to work through a compulsory purchase efficiently, overcoming obstacles and working within necessary timescales.
We have handled hundreds of land and subsoil acquisitions, including the construction of the Docklands Light Railway and the High Speed Rail Link in Kent. We are also currently involved with Crossrail.
Our lawyers are often at the cutting edge of compulsory purchase law – helping to create new laws as well as reinforcing existing ones. We are creative, pragmatic, and will work with you closely until your objectives are met.
Our clients include public and statutory authorities tasked with improving the nation’s infrastructure, plus developers seeking to facilitate regeneration projects.
We also act for landowners faced with the compulsory purchase of their land, and handle compensation claims that take into consideration loss of development opportunities and potential business profits.
- Successfully securing a decision by the Lands Chamber (Upper Tribunal) for in excess of 300 compensation claims that a nominal sum of £50 is the price for a tube of subsoil required to construct rail link tunnels under London. These decisions have now set an important precedent for the CPO world to follow in future major infrastructure projects.
- Handling a number of significant land compensation claims valued at in excess of £1 million. The issues arising included claims for lost development and business profit, the interpretation of voluntary acquisition agreements outside the compulsory purchase code, the legal status of compensatable interests as well as the identity of claimants entitled to compensation.
- Taken discreet legal issues as far as the Court of Appeal (Kent County Council v The Secretary of State for Transport) creating new law and reinforcing existing law relating to compulsory purchase. Other reported cases where we have acted for the Secretary of State for Transport are Christos v The Secretary of State for Transport, Prielipp and Kennerley v The Secretary of State for Transport and Toms v The Secretary of State for Transport.
- Successfully handling time critical injunctive proceedings to gain entry to buildings close to a high speed rail link construction site in the City of London, to carry out works to strengthen and support neighbouring buildings.
- Developing innovative solutions and case management systems with the Land Registry to secure registration of diverse titles for land and rights required for transport projects, and with the Lands Chamber to progress to a resolution large numbers of compensation claims where claimants were either untraceable or reluctant to participate.