HS2: Compulsory Purchase Orders explained

A NEW housing estate in South Yorkshire could be bulldozed if changes to the planned HS2 high-speed rail route go ahead. People living on the Shimmer estate in Mexborough have been told that 'some or all of their land' may be required if the plans are approved.
The Shimmer estate at MexboroughThe Shimmer estate at Mexborough
The Shimmer estate at Mexborough

The proposed new route could see more than 200 homes demolished on the estate, which has been partially completed by developer, Strata.

At a residents’ meeting this week, one home owner said the proposals were ‘playing with people’s lives,’ and added he was concerned that he and others would not be given a fair deal.

A residents' meeting of people living on the Mexborough housing developmentA residents' meeting of people living on the Mexborough housing development
A residents' meeting of people living on the Mexborough housing development
Hide Ad
Hide Ad

This is what the Home Owners’ Alliance recommends if your home is at risk from the proposals, which result from ditching an earlier, costlier plan to link Rotherham and Sheffield by stopping at a new station at Meadowhall.

What is a compulsory purchase order?

Compulsory purchase orders (CPOs) allow public bodies to force homeowners to sell up if their property obstructs a regeneration project or it’s for the “greater public good”. They can be imposed by councils, highways authorities, English Heritage and other agencies. They must prove that it’s for the public good and not for private gain.

Can I be forced to sell?

A residents' meeting of people living on the Mexborough housing developmentA residents' meeting of people living on the Mexborough housing development
A residents' meeting of people living on the Mexborough housing development

Not straight away. The authority in question will have to apply to a government department for powers to be able to force you to sell. It may take months or years before they secure those powers, and their application may be rejected.

How much do they have to pay me for my house?

They are required to pay the current market value, ignoring any effect that the scheme in question may have had. In addition, you may be entitled to an extra 10 per cent or 7.5 per cent. The market value could be lower than the price you paid originally. You can also claim the costs of appointing a surveyor to negotiate for you, as well as “disturbance compensation” which can cover certain costs for buying somewhere else, and allow you to recover costs such as carpets and reconnections.

How does that compare with other countries?

Hide Ad
Hide Ad

In France, public bodies must pay 1.5 times the price of the property to make up for the inconvenience of a compulsory purchase, and the Home Owners’ Alliance argues that the present UK system is unfair. However, the counter argument is that speculators would be able to particularly inflate the value of properties in a “blighted” area.

Do I have to enter into negotiations?

Not necessarily, but you should. And you may be breaking the law if you do not reply to correspondence you receive.

What should I do if I think my home is affected?

Get in touch with your local council to find out which authority is behind the scheme. Keep a record of expenses so you can claim them back later.

How do I object to a CPO?

All objections have to be made in writing to the appropriate Government minister. The body trying to acquire your property has to provide you with the contact details for this person and the time period for objecting. The Royal Institution of Chartered Surveyors has a compulsory purchase helpline, where you can get 30 minutes of free advice, and the Citizens Advice Bureau or the Legal Services Commission can advise on getting means-tested help to pay for a solicitor.

Hide Ad
Hide Ad

Can I negotiate directly with the public body that is trying to purchase my property?

Yes, they could agree to meeting some of your demands if you agree not to object through the official channels. But if you are going to officially withdraw your objection, make sure you have a signed agreement with the body that is trying to purchase your property and show it to your solicitor or chartered surveyor.

Should I try and use the negotiation stage to push the price up?

You could, but don’t push your luck, if the negotiations fall through you will have to go through the official channels and you could end up getting paid a lot less. It is a myth that the longer you wait, the more you get.