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Old 13th Oct 2022, 17:25
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SWBKCB
 
Join Date: Apr 2003
Location: Northumberland
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14. The overriding principle of compulsory purchase compensation is ‘equivalence’. This is the principle that people whose land is acquired compulsorily should be left neither better nor worse off financially as a result of their land being acquired – being entitled to compensation which is neither more nor less than the value of their loss.

Market value

24. The law specifies that the compensation to be paid where land is compulsorily acquired shall reflect what that land might be expected to realise if it were sold in the open market by a willing seller at the valuation date. In other words, compensation is based on the market value of the land which is to be acquired.

25. However, the assessment of compensation ignores any increase or decrease in value caused by the acquiring authority’s proposed scheme (e.g. regeneration project, new road, railway line etc) or the prospect of that scheme. This is known as the ‘no scheme principle’. The basic premise is that compensation should reflect what your land would be worth if the scheme to which the CPO relates did not exist (i.e. in the ‘no scheme world’).

26. The acquiring authority will normally appoint a chartered surveyor to undertake the estimate of the market value. You may appoint a surveyor to carry out your own assessment and to negotiate with the acquiring authority on your behalf.

Land with development potential

27. The market value of land may reflect what it is worth in its existing use (‘existing use value’). However, the market value of land may in some cases be affected by:
  • its development potential, taking account of:
    • existing planning permission(s) for an alternative use or development
    • the prospect of obtaining planning permission for an alternative use or development (‘hope value’)
  • its ability to unlock the development potential of an adjoining site by, for example, providing the only possible access to it (‘ransom value’)
  • the extent to which, if combined with one or more other land interests, it would be worth more than the sum of their individual values (‘marriage value’)


    https://www.gov.uk/guidance/compulso...-and-occupiers
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