CASE STUDY: LAND ACQUISITION AND THE COMPULSORY PURCHASE ORDER
Mr Harvey had been corresponding with SHBC since December 2002 as the revised A58 was planned to take some garden to his home. Lennox advised to make a formal objection to the draft Compulsory Purchase Order as it would allow negotiation with SHBC for the objection’s withdrawal. After declining the offer of a land swap, we received an email from SHBC offering an amended route that wouldn’t affect Mr Harvey’s land if he withdrew his objection. After much discussion and in-depth investigation into the best outcome both financially and personally Lennox advised Mr Harvey that if he agreed to the amended route, he would still be affected by noise, dust, fumes and light pollution from the new highway but only receive a significantly smaller (50-75%) sum of compensation compared to acquisition compensation if the current scheme went ahead using 27 metres square of his garden. Instead Lennox recommended that Mr Harvey request mitigation works from SHBC including erection of an 8ft acoustic fence, landscaping within the garden, retention of existing vegetation on SHBC land adjoining the boundary and the erection of security fencing during construction.
In November 2004 Mr Harvey opted to take the acquisition option and after agreeing terms with SHBC Lennox confirmed to the Department of Transport that Mr Harvey was withdrawing his statutory objection. At this stage SHBC were suggesting a compensation figure of approximately £18,500 plus professional fees.
By November 2005 the commencement date for the bypass had been set and notices to treat and enter served. In response Lennox submitted a claim based on 15% of the value of the proper ty plus fees. Over the following months valuations of the property took place, comparable claims were investigated, an advance compensation payment of £12,600 made and Lennox also pushed for the commencement of erection of the new boundary fence and planting of trees for screening. Finally in March 2007 after 14 months of negotiation on the type of tree planted, SHBC agreed to pay for the purchase and planting of 45 conifers (£2475 plus VAT) and in December 2007 after a formal offer of £25,000 Lennox agreed to recommend settlement of compensation for £30,000 plus interest, agent’s fees, legal fees and tree planting. SHBC paid this sum; a far cry from £18,500.
This case is a great illustration of the skills of the professional staff at Samuel Rose in not just agreeing an initial offer but investigating the issues, analysing the solutions and paying attention to detail in order to seek the most successful outcome for its clients. Please contact Lennox Thomson on 01604 782715 for advice on any matter relating to compensation or compulsory purchase.
