Compulsory Purchase Order
The Council submitted a Compulsory Purchase Order (CPO) application to Central Government to enable the redevelopment of Hatfield Town Centre East to proceed. The CPO was confirmed on 18 December 2007. So what does a CPO mean and what can local residents and businesses in the development area expect over the forthcoming months?
Welwyn Hatfield Council resolved at its Full Council meeting on Monday 24 July 2006 to apply for powers to acquire the land and rights to enable the redevelopment of Hatfield Town Centre East to proceed. In order to acquire this land the Council submitted a Compulsory Purchase Order (CPO) application to Central Government.
The Council received a number of objections to the CPO and a public inquiry was held in September 2007. Following the public inquiry the CPO was confirmed by the Secretary of State for Communities and Local Government on 18 December 2007.
What is a CPO?
Compulsory Purchase Order is a power that Government gives to local authorities under Section 226(1)(a) of the Town and Country Planning Act 1990. Welwyn Hatfield Council can acquire land for areas that it thinks will facilitate the carrying out of development, redevelopment or improvement. The Government states that compulsory purchase powers are important as a means of assembling land that is likely to contribute to the achievement of any one or more of the following objects:
• the promotion or improvement of the economic well being of their area
• the promotion or improvement of the social well being of their area
• the promotion or improvement of the environmental well being of their area.
Anyone who has land acquired is generally entitled to compensation.
The CPO process
Before the Council could apply for the CPO, it had to build up a picture of land ownership in the proposed development area. Residents and businesses were sent an explanatory letter and questionnaire, or a "Requisition for Information Notice", which is a formal legal document, to enable the council to identify relevant interests in properties within the CPO area.
It was resolved at the Full Council meeting held on Monday 24 July 2006 to formally apply for CPO rights. However before the Council submitted the CPO application to Central Government every owner, leaseholder, tenant and occupier of land affected by the CPO was served a notice, which was also published in the local newspaper for a period of two weeks.
Affected parties were given the opportunity to object to the CPO and a number of objections were received. The period of objection has now closed and following the public inquiry held in September 2007, the CPO has now been confirmed.
If you are affected by the CPO process
You can negotiate with St Modwen the developer to purchase your property
St Modwen Developments (Hatfield) Limited, the developer, has already acquired significant parts of the site through agreement. Negotiations with land owners have been ongoing for the past year and a half and will continue throughout the CPO process to enable interests to be acquired on a voluntary basis wherever possible before compulsory purchase.
St Modwen will be holding surgeries on site twice a month to facilitate negotiations. Further details on this are available by calling Nick Kay or Robin Vaughan at St Modwen on 0207 499 5666, or by emailing nkay@stmodwen.co.uk, rvaughan@stmodwen.co.uk.
Independent advice
It is advisable to gain your own independent advice e.g. from the Citizens Advice Bureau (CAB), and independent legal and valuation advice, as well as research the CPO procedure so that you understand your rights in terms of negotiating a price for your property and the compensation process if a CPO is confirmed by Central Government. General advice is available by visiting the DCLG website.
CPO application
The CPO application was submitted to Central Government in July 2006. The application comprised of the following documents, which can be accessed by following the links below:
CPO Schedule
The schedule lists those interests that are required either in terms of property and interests to be acquired or rights and interests needed to allow the development to proceed. A copy of the CPO Schedule is available for inspection at the Council Offices in Welwyn Garden City.
The plan shows that area affected by the Compulsory Purchase Order.
This document outlines the reasons for seeking the rights and power to acquire Hatfield Town Centre East.
Given the size of these files you may experience problems when downloading them. You can also view these documents at Hatfield Housing Office, Hatfield Town Centre or at the Council Offices, The Campus, Welwyn Garden City.
Confirmed CPO
This order was confirmed with modifications by the Secretary of State for Communities and Local Government on 18th December 2007. The modifications made relate to the right to swing the jib of a crane, loaded or unloaded, through the airspace over a number of plots subject of the order. The effect of the modification is to amend the wording of the right to make it clear that it may only be exercised for the purposes of constructing the development. The plots subject of such modification are plot numbers 96,97,98,99,100,101,102,103,105,106,107,108,111,112,113,114,115,117,124,127,129,130,131,132,133,134,135, and 137.
No other changes were made to the order by the Secretary of State.
The modified CPO schedule pages are available for inspection at the Council Offices in Welwyn Garden City .
A hard copy of the order as confirmed by the Secretary of State for Communities and Local Government and the CPO map referred to therein can be viewed at the Council Offices in Welwyn Garden City and at the Hatfield Housing Office (Hatfield Town Centre).
For further information on the CPO process
Contact:
Mike Storey
Head of Estates
Tel: 01707 357357
Email: m.storey@welhat.gov.uk
Graham Walker
Tel: 01707 357936
Email: g.walker@welhat.gov.uk