BusConnects And the CPO Process
Are you interested in finding about how the CPO process associated with the BusConnects plan? The Society of Chartered Surveyors Ireland has a full guide but below summarises the main points.
What is a CPO?
A CPO is a legal function that allows certain statutory bodies, like local authorities, to take land or property without the consent of the owner. The compulsory purchase order is often used to allow a public infrastructure project to go ahead for the common good. The current compulsory purchase system can be a daunting experience for individual property owners, involving public enquiries, official notices with time limits, complex and unfamiliar terminology. While compulsory purchase powers are wide ranging and often viewed as draconian, many national infrastructure projects like motorways, railways, electricity and water schemes could not progress without using these acquisition powers.
Should I contact a professional working on CPOs today? How will I find one?
Not yet, the NTA will publish a more detailed report about properties that will be impacted in October, followed by a full public consultation. The Society of Chartered Surveyors (SCSI) is holding public information sessions on the CPO process, where you will have the opportunity to ask questions and engage with CPO experts. The NTA Core Bus Corridors Project Report has been published, but it has no standing yet in planning or CPO terms. In advance of this, the SCSI’s public information sessions will be your first opportunity hear about how the CPO process works and know what to do in the event that your property is included in the scheme.
What are the main steps in the CPO process?
- Decision by a statutory body to make a CPO
- Initial notice will be served on those affected and in the newspaper that the CPO order is to be put on public display and submitted to An Bord Pleanála.
- Objections can be made, but valid objections are generally on planning or legal grounds only.
- Public Local Enquiry held by An Bord Pleanála at which affected parties can formally put their views.
- Decision by An Bord Pleanála to either confirm, amend or reject the CPO order. After expiry of objection period, once approved, the CPO is operative.
- ‘Notice to Treat’ issued, inspections and impact assessments undertaken and discussions commence on compensation and accommodation works
- ‘Notice of Entry’ may be served prior to compensation being agreed/paid, allowing the authority to enter the land.
- Property owner lodges a claim for compensation. This is usually assessed and submitted by the claimants’ CPO representative.
- Either agreement is reached between the parties or the matter is referred to the Property Arbitrator to assess compensation.
- Acquisition is finalised, compensation paid.
If I will be affected by the CPO what should I do at that point?
Once the planning process has been completed, and if your property is affected by the CPO process without delay you should seek the property advice of a chartered valuation surveyor who is experienced in the area of compulsory purchase. This advice will cover how best to deal with your Notice and preparation of your claim for compensation. The cost of such services are part of a normal claim for compensation. The aim of any compulsory purchase order should be to leave the affected party, in so far as money can, in the same position as before the property/ land was acquired.
What will determine my compensation?
No two properties are the same, so each individual case needs assessment. Amongst other issues, the compensation amount should reflect both the market value of the actual land being acquired and any reduction in current market value of the retained property/land. It will also generally include costs for factors like disturbance and professional representative fees, along with legal conveyance costs. More information on this topic will be provided at our Public Information Sessions.
Why is the Society hosting these information sessions?
The Society is a professional standards body with a public interest remit and many of our professional members provide expert CPO representative services on similar schemes around the country. By providing independent advice on the CPO process, our aim is to better inform concerned consumers, help de-mystify the process and provide an opportunity to have your questions answered in advance of the detailed report.
Want to attend the sessions or find out other relevant CPO issues as they arise?
If you’d like to receive information about the upcoming CPO public session and a list of qualified CPO professional sign up bellow. All data recorded will be used only for the previously stated purpose and will be deleted on completion of the CPO process or when you unsubscribe. Data managed through the third party supplier MailChimp.