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Acquiring authority

Bodies authorised through an Act of Parliament to acquire land by compulsion for a specific purpose.

Betterment

Any increase in the value of a claimant’s retained land resulting from the implementation of a scheme of public works.

Compensation code

A collective term for the principles derived from Acts of Parliament and case law relating to compensation for compulsory acquisition.

CompulsoryPurchase Order (CPO)

An order issued by the government or local authority for a public body to acquire land or property from a third party compulsorily (usually under planning, highway or housing powers).

Crichel Down Rules

The Crichel Down Rules require government departments, under certain circumstances, to offer back surplus land to the former owner or the former owner’s successors at the current market value.

Development Consent

A single consent required for large projects, that replaces Planning Permission and also some other technical consents. Applications are examined by the Planning Inspectorate and decided upon by the Secretary of State.

DevelopmentConsent Order (DCO)

A statutory instrument granted by the Secretary of State to authorise the construction and development of a Nationally Significant Infrastructure Project. This includes granting any consents e.g planning permission and compulsory purchase powers.

Duty to mitigate loss

The duty of a claimant seeking compensation to take any reasonable steps open to them to reduce or avoid loss. For example, a claimant could mitigate loss by seeking a number of quotes from reputable contractors and instructing the cheapest.

Examination

A period of no more than 6 months in which an application for Development Consent is considered. An examination can include hearings and deadlines for written submissions; and theÌý ExaminingÌý AuthorityÌý may ask questions.

Every examination is different, to suit the needs of the project.

GeneralVesting Declaration (GVD)

A legal procedure used in connection with compulsory purchase whereby an acquiring authority, having obtained a CPO, is able to obtain possession and ownership of the land. This is a procedure for the speedy acquisition of land and normal conveyancing practice does not have to be adopted.

Injurious Affection

The measure of compensation is the reduction in the value of the claimant’s land as a result of the interference.

(NSIP) Nationally Significant Infrastructure ProjectÌý

A Nationally Significant Infrastructure Project is a project of a certain type and size, which are considered by the Government to be so big and nationally important that permission to build them needs to be given at a national level, by the Secretary of State.

Notice of Entry

A notice served on the owner and occupier(s) of a property by an authority possessing compulsory purchase powers requiring possession to be given by a date prescribed in the notice.

Notice to Treat

A notice served on owners, lessees and mortgagees by an authority with compulsory purchase powers to acquire land. The notice gives particulars of the property to be acquired, demands details of the recipient’s interest in the land and their claim for compensation and states that the authority is willing to treat (negotiate) for the purchase of the land.

Principle of Equivalence

This is the overriding principle of compensation that people whose land is acquired compulsorily should be left neither better nor worse off financially as a result of their land being acquired.

Representation

A comment or submission from an Interested Party about the merits of an application that is received by the Examining Authority’s deadline.

Severance

The measure of compensation in respect of severance is the depreciation in the value of the claimant’s retained interest arising from the severing of the land acquired from the original whole.

The Planning Inspectorate (colloquially ‘PINS’)

An executive agency of the UK Government, the Planning Inspectorate is responsible for administering applications for Development Consent among other things, including appeals against the refusal of planning permission.

Transport and Works Act Order

An order made under the TWA (Transport and Works Act 1992) is the usual way of authorising a new railway or tramway scheme in England and Wales, except for nationally significant rail schemes in England which require development consent under the Planning Act 2008.