PCU CPO Workbook

If the CPO is in a clearance or renewal area, please also complete

the clearance area/renewal area workbook in addition to this
workbook.

CPO RECORD FRM 1

1 DETAILS OF ORDER

File Reference: PCU/

Acquiring Authority:

Agent (Representing AA) Contact Details:

Title of Order:
Are you aware of any linked Orders (e.g. Stopping Up Order)

If YES, Department and contact details of linked Order.

Was a Technical Check undertaken on the draft Order?

If Yes, File Reference:

Enabling Act and Part:

Are ‘Rights’ over land sought?

(These are shown blue on the Order map and should be made under
s13 of the Local Government (Miscellaneous Provisions) Act 1976

Number of Plots in Order:

Date Order made (Signed & sealed by AA):

Date Order received by PCU:

Page 1 of 26
 2 ORDER RECEIVED: ACTION SHEET (ACT 1)
INITIAL ACTIONS AND CHECKLISTS TO BE COMPLETED

(Section 4 of CPO Manual)

Acknowledge Receipt of Order (LET 1)

(This can be emailed or sent hard copy)

Case Officer to make up file and plan cover

(See CPO Protocol)

Enter Details on FRM 1

Carry out Checks on:

CHK – 1 Order Submission: General

CHK – 2 Order Submission: Order and Map
CHK – 3 Order Submission: Statement of Reasons
CHK – 4 Order Submission: General Certificate
CHK – 5 Order Submission: Protected Assets Certificate

Request any missing documents or information from the

Acquiring Authority (LET – 2)

Page 2 of 26
 3 CHECKSHEET: ORDER SUBMISSION – GENERAL: CHK 1
(Sub-sections 4.1 and 4.4 of the CPO Manual)

(See Guidance on Compulsory Purchase Process and The

Crichel Down Rules for the disposal of surplus land acquired by,
or under the threat of, compulsion: - page 17, paragraph 24).

The following have been received:

1 sealed Order

2 sealed maps

2 unsealed copies of the Order

2 unsealed copies of the map

Statement of Reasons

General Certificate (This is due after the Objection period has

ended so may be sent in subsequently)

Protected Assets Certificate

If a copy of the resolution (committee decision) is supplied by

the AA, the Order conforms with it

Special Land (See Section 4.5 of CPO Manual and Guidance on

Compulsory Purchase Process and The Crichel Down Rules for the
disposal of surplus land acquired by, or under the threat of, compulsion :-
Page 91, Section 17 (You may need to refer to the Statement of Reasons
for clarity over whether there is Special Land)
Does the Order include any of the following special land:

Statutory Undertakers Land

(Statutory Undertakers are companies and agencies with legal rights to
carry out certain development and highway works, e.g. utilities, telecoms,
network rail)

Page 3 of 26
 Land owned by a local authority

National Trust Land

Land forming part of a common, open space, or field garden

allotment

Consecrated land/ecclesiastical property

Crown Land

Land owned by a charitable trust

Page 4 of 26
 4 CHECKSHEET: Order submission – ORDER AND MAP
CHK 2 (sub sections 4.4 and 4.12 of CPO Manual)

The sealed Order has been signed and dated

The sealed maps have been signed and dated (dates must be
the same as Order)

The Order conforms to the appropriate form from the

Compulsory Purchase of Land (Prescribed Forms)(Ministers)
Regulations 2004 (SI 204 No 2595) (normally Form 1, 2 or 3)

The enabling power has been correctly sited

The purpose of the Order is within the scope of the enabling

power

The description of the Order land in the Order Schedule (Tables

1 and 2) contains sufficient details to enable the reader to
approximately identify where the land is situated without
reference to the Order map.

All measurements are given in metric measure (e.g.

metres/hectares)

The map has a large enough scale (usually 1/500 for urban
areas and 1/1250 elsewhere)

The map shows sufficient detail to relate it to the description of

each parcel of land in the Order Schedule (Tables 1 and 2)

Each parcel of land is referenced separately

The plot numbering or reference on the map agrees with the

Order schedule

Page 5 of 26
 The property addresses agree on the map and schedule
The Order land is marked on the map in the colour or by the
method stated in the Order

The title of the Order as given on the map corresponds with the
title on the Order

Any boxes in Table 1 without any information include a dash to

indicate that no information is missing.
Note 1: If no dashes are included, the acquiring authority need
to be asked if any information is missing. If dashes were omitted
in error, a modification to the Order will be required.
Note 2: This instruction does not strictly apply to Table 2 which
does not affect the integrity of the CPO.

Page 6 of 26
 5 CHECKSHEET (CHK 3) : ORDER SUBMISSION –
STATEMENT OF REASONS (sub-sections 4.7-4.8 of the
CPO Manual)
The proposals for the Order lands set out in the Statement of
Reasons are consistent with:

- The purpose of the Order

- The enabling powers

All the properties in the Order are covered by the reasoning given.

It deals adequately with the planning position – check against (See

Guidance on Compulsory Purchase Process and The Crichel Down Rules for
the disposal of surplus land acquired by, or under the threat of, compulsion :-
page 12, paragraph 15 and page 73, paragraph 154).

It deals adequately with the financing of the proposals

If the Order includes protected assets of the kind detailed in

Guidance on Compulsory Purchase Process and The Crichel Down Rules for
the disposal of surplus land acquired by, or under the threat of, compulsion:-
page114, paragraph 237 (A-F), the Statement of Reasons describes
the action the Acquiring Authority have taken or propose to take
regarding any required consent e.g. listed building consent, or
schedule monument consent (see also CHK 5)

Page 7 of 26
 6 CHECKSHEET (CHK 4) : ORDER SUBMISSION – GENERAL
CERTIFICATE (see sub-section 4.5 of the CPO Manual)

The General Certificate conforms to Guidance on Compulsory

Purchase Process and The Crichel Down Rules for the disposal of surplus
land acquired by, or under the threat of, compulsion :- page 75-76,
paragraphs 155 and 156.

It has been completed, signed and dated

It certifies that the newspaper notice was:

- In Form 7 in the Compulsory Purchase of Land (prescribed
Forms)(Ministers) Regulations 2004 (SI 2004 No 2595)
- Published in two successive weeks

The period allowed for objecting to the Order is at least 21 days

from the date of the first publication

The first newspaper publication took place after the Order was
made

A site notice in the correct form was affixed conspicuously on or

near the Order land and remained in place for at least 21 days
(NB date of certificate therefore needs to be at least 21
days after the date the site notice was first displayed)

The General Certificate certifies that the personal notice(s) were

in FORM 8 in the Regulations

The personal notice(s) were served by one or more of the

methods in section 6(1) and/or section 6(4) of the Acquisition of
Land Act 1981. If the methods in section 6(4) were used, the
schedule to the Order records ‘unknown’ in column 3 and
conversely

If the Order records ‘unknown’ in Column 3 of the schedule, one

or more of the methods in s6(4) were used

There are no grounds for thinking that the Order was made
after notice was served

Page 8 of 26
 There are no grounds for thinking that less than 21 days have
been allowed for objections

If a copy of the newspaper and/or site notice has been supplied:

- It conforms with the prescribed form

- The details are correct

If a copy of the personal notice has been supplied:

- It conforms with the prescribed form

- The details are correct

A copy of the Acquiring Authority’s Statement of Reasons has been sent

to everyone with statutory interests in the Order land

Notice of the effect of the Order has been served on the Church
Commissioners (where applicable)

Page 9 of 26
7 CHECKSHEET (CHK 5): ORDER SUBMISSION – PROTECTED
ASSETS CERTIFICATE

The Protected Assets Certificate is in the form set out in Guidance

on Compulsory Purchase Process and The Crichel Down Rules for the
disposal of surplus land acquired by, or under the threat of, compulsion :-
page 114 -115, paragraphs 235 – 239.

The Certificate is signed and dated.

The Certificate needs to set out either a nil return or a positive

return for the categories set out in A to F below:

a – listed buildings

b – buildings subject to buildings preservation notices

c - other buildings which may be of a quality to be listed

d – buildings within a conservation area

e – Scheduled monuments

f – Registered parks/gardens/historic battlefields

(Further information is required for any positive return)

If the authority have supplied a Certificate, do they also provide, in

the Statement of Reasons or elsewhere, the following information
as required, (see Guidance on Compulsory Purchase Process and The
Crichel Down Rules for the disposal of surplus land acquired by, or under the
threat of, compulsion :- page 114, paragraph 237 – 239)

Particulars of the building or buildings concerned

An indication of action already taken or proposed in connection

with listed building/conservation area consent

Enclose with any certificate a copy of any consent or application

relating to the above

Page 10 of 26
 8 ACTION SHEET (ACT 2) – OBJECTIONS AND OTHER
REPRESENTATIONS (Section 5 of the CPO Manual)

Date of end of objection period

Number of Qualifying objections

Number of objections from non-qualifying persons

Number of qualifying objections withdrawn

Number of non-qualifying objections withdrawn

Carry out checks on CHK 6 Objections and other

representations (You need to complete CHK-6 for each Objector and
attach it to that objection & file in objection folder)

Acknowledge objection using appropriate standard letter

(LET 6-12)

Copy letter to AA using appropriate standard letter (LET 13-

15)

Make up objection folder (orange) and place objections on it

Complete FRM-5 Schedule of Objections (*note there is a

word & excel version. Use excel if you will be using mail
merge)

AT ANY STAGE WHERE OBJECTION IS WITHDRAWN –

Send standard acknowledgement letter to objector copying
letter withdrawing the objection to the AA

Inquiry to be held YES/NO

If NO, deadline for a decision is 4 weeks (Housing CPO) 5

weeks (Planning CPO) from end of objection period or date
of receipt of all documentation (whichever is the later).

If Public Inquiry go to Part 9.

If Written Representations go to Part 10.

If no Objections received, or Objections withdrawn go to

Part 12.

Page 11 of 26
 9 ACTION SHEET (ACT 3): PREPARATION OF PUBLIC
INQUIRY

Section 6 of CPO Manual Deadline (where Actual Date

relevant) Completed
On deciding to hold an Inquiry

Issue Notice of Intention to AA (NOT- 5 weeks after end of “Relevant

2) and Objector(s) (NOT-3) objection period or Date”
submission of all
Order doc’s to
NPCU (whichever is
the latest)

Date: ..…………… …………..

Complete FRM 6 Inquiry Booking

Form and make up PINS File (yellow) Date:
Send file to PINS (FAO: The
Environment Team) by Special
Delivery
See CPO Protocol for what to send to …………..
PINS, what to retain on file (& for
PINS address)

On receipt of Inquiry date from 22 weeks deadline

PINS (Inquiry date should be not date:
more than 22 wks after relevant
date) …………………..

Send to AA by special delivery At least 42 days +

postage time before
Inquiry Date
- NOT 4 – Public Notice …………………… ……………
- NOT 5 – Notice of Inquiry …………………… ……………
- FRM 7 – Certificate of …………………… ……………
Billposting

Page 12 of 26
Send to objectors and any 3rd parties At least 42 days + Date:
by 1st Class post NOT-6 Notice of postage time before
Inquiry Inquiry Date
…………………….. …………….
Complete FRM 8 – Certificate of Date:
Despatch
…………….
Six weeks after Notice of Intention
If Statement of Case not received 6 weeks after Date:
issue reminder to the AA (LET-19) relevant date
……………… …………….

Carry out Checks on CHK 7 – Date:

Statement of Case
…………….

Three weeks before Inquiry

If Certificate of Billposting not 3 weeks before Date:
received issue reminder to AA Inquiry Date
……………………… …………….

Send any additional documents to Date:

PINS, e.g. withdrawal of objections,
Statement of Case …………….

Statement of Case: (CHK 7) (sub-section 6.6 of CPO Manual)

The Statement of Case appears to give full particulars of the AAs case X

It is accompanied by copies of documents referred to in the written

statement, or relevant extracts from them N/A

It is accompanied by a list of documents to which the Council intend to

refer or put in evidence at the Inquiry N/A

Send a copy to PINS

Page 13 of 26
10 ACTION SHEET (ACT 4): WRITTEN REPRESENTATION
PROCEDURE

Deadline (where Actual Date

WRITTEN REPRESENTATIONS relevant) Completed
PROCEDURE: (Section 7 of CPO
Manual)
On deciding to offer written
representations procedure
Issue NOT-9 Consent Form offering 5 working days after Date:
procedure to objector(s) with end of objection
period
deadline of at least 15 working days
……………….. ………………..

IF CONSENT IS NOT GIVEN BY Note: There is a 5 Date:

ALL REMAINING OBJECTORS week deadline for notice
of Inquiry if consent to
PROCEED TO ACT-3 written procedure is not
(PREPARATION OF PUBLIC given ……………….
INQUIRY) See Section 9 of
Workbook (above).
If consent is received from all Recommended Notice Issued:
remaining objectors issue to them within 5 working
NOT-10 setting the “starting date” days after deadline ………………..
(see Note 1 at end) given in NOT-9

…………………….
Issue NOT-11 to Acquiring Authority Same Day as NOT- Notice Issued:
setting “starting date”, also copying 10
all objections not already sent and
giving deadline of 14 working days ……………………. ……………….
from Starting Date for submitting
further representations
Issue NOT-12 to non-qualifying Same Day as NOT- Notice Issued:
persons who have objected giving 10
deadline of 14 working days from
“starting date” for submitting further …………………… ……………….
representations
Complete FRM-11 forewarning As soon as Date Sent:
PINS that the Written practicable after
Representations Procedure is being expiry of 10 ………………..
instigated and quoting a ‘not earlier working days after
than’ site visit date (13 weeks from issue of NOT-10

Page 14 of 26
Start Date).
Issue LET-27 copying Acquiring No later than 5 Date Sent:
Authority’s further representation to working days after
remaining objectors (or notification deadline given in
that there are no such NOT-11
representations) offering them the
opportunity to make further …………………… ……………….
representations (within 15 working
day deadline)
Issue LET-28 copying No later than 5 Date:
representations from non-qualifying working days after
persons to the Acquiring Authority deadline given in
and seeking comments (within 10 NOT-11
day deadline)
…………………… ………………..
Issue LET-29 copying all objectors’ No later than 5 Date:
further representations to Acquiring working days after
Authority offering final opportunity to deadline given in
comment (with 10 day deadline) LET- 27

……………………. ………………..

Issue LET-30 copying Acquiring No later than 5 Date:

Authority’s final comments to working days after
remaining objector(s) for deadline given in
information, or informing them that LET-28
there are no such final comments. ………………….. ……………….

Send additional representations to No later than 5 Date:

PINS working days after
end of deadlines for
further
representations to
be made.

……………………. ……………….

Note 1: Send 1st Class post to ensure next day delivery to parties.

Proceed to Section 11 (Inspector’s Report ) AND Section 13

(Preparation of Decision Documents)

Page 15 of 26
11 INSPECTOR’S REPORT (CHK 8)

(Sub-Section 10.2 of CPO Manual)

Date Inspector’s Report Received

Date:
Case at decision stage on (date when IR & Inquiry docs received) ___
_
The Report has been signed and dated and there are no typing or
clerical errors

The actual Inquiry Documents conform to the list of Inquiry

documents (If not, go back to PINS for clarification)

The Inspector’s references to Inquiry documents and paragraph

numbers are correct

The Inquiry Sitting Dates are correct (if relevant)

The description of the Order and enabling powers is correct

The Inspector has dealt with all of the objections which were
outstanding at the Inquiry

The Inspector’s considerations are securely based on the cases of

the parties and the description of the order land

The conclusions follow from the considerations

The conclusions deal with all of the main arguments advanced by

all parties

The considerations and conclusions do not embrace any matters

on which the parties do not appear to have had an opportunity to
comment

The recommendation covers all of the matters before the Inquiry

The Inspector’s conclusions do not express any views on legal or

policy matters with which the Department disagrees

Page 16 of 26
 There are no statements in the report which are defamatory or
which could cause difficulties to the Department when the report is
published

Page 17 of 26
12 NO OBJECTIONS OR OBJECTIONS WITHDRAWN ACT 6

SECTION 14A NOTICE TO ACQUIRING AUTHORITY

AUTHORISING IT TO DECIDE AN ORDER (ACT 6)

(Section 8 of CPO Manual)

Checks on whether Order is eligible to be decided by Acquiring

Authority

1 EITHER: no objections received (including no third party

objections)
OR: all objections withdrawn in writing (*)
2 There is no s16 representation in respect of any order land
which was acquired by the Statutory Undertaker for the
purposes of its undertaking, or in respect of any new rights
over such land
3 Order does not include common, open space or fuel or field
garden allotment land for the purposes of s19
4 All s11 and s12 (of Acquisition of Land Act 1981) Notice
requirements have been complied with
5 Order can be confirmed without modification
6 The Order can be confirmed as a whole (i.e. no need for
staged confirmation)

*If Objection withdrawn send a copy of objection withdrawal to

PINS

If criteria 1-6 above are met, decision can be referred to the

Acquiring Authority

Deadline for issuing a S14a decision (no Inquiry or WR):

4 weeks Housing CPO; 5 weeks planning – from end of Objection

period receipt of all documentation

Target Date:

Prepare the following, undated:

Draft notice (NOT-1)

Page 18 of 26
 Explanatory letter for Acquiring Authorities on Order Decision
(LET 3)

Sealed Order and one sealed Order Map to be enclosed with

notice

Complete CPO Decision Minute (CPO Templates) and submit

xdocuments to sign off officer for signature (H grade or above)

Date Decision Issued: Date: …................

On receipt of confirmation of Order from Acquiring Authority send

to Archives under cover of Form-12:

Endorsed copy of Order

Second sealed map

Copy of notice to Acquiring Authority authorising it to decide the

Order

Put copies of following on file, stamped “File Copy – not to be

Removed”

1 copy of notice to acquiring authority authorising it to decide

the order
2 order
3 map

If no information about the decision has been received 6

weeks after date of notice:

Chase information about decision (LET-4)

If no satisfactory response is received, consider case for

revocation of notice

If necessary, revoke notice (LET-5)

Then, if necessary……

Proceed to decide Order (DL-03)

Page 19 of 26
 13 PREPARATION OF DECISION DOCUMENTS: ACT 7

(SUB-SECTIONS 10.3 – 10.5 of the CPO Manual)

Deadline for issue of decision for opposed CPOs (13 weeks for
opposed planning CPOs; 5 weeks for Housing CPOs)

This section refers to all Orders (except those subject to a s14a notice
– being decided by Acquiring Authority)

Prepare the following undated:

If Order Land is being excluded on modification and there

are unwithdrawn objections in relation to that land, complete
FORM 13 - Schedule of Successful Objectors from CPO
Costs Manual

Create a Costs File where appropriate – Yellow File (put the

following letters on file):

Letter to Objectors (LET- 32)

Letter to any 3rd parties (LET-33)

Letter to AA (Decision Letter)

Orders to be confirmed (With or Without Modifications)

Endorsement for Order and copy Order (one for each)

Orders to be confirmed With Modifications as to Land

Endorsement for sealed maps and copy map (one for each)

Amend maps

Send draft DL and other documents to decision officer for

signature.

If despatch is to be co-ordinated with another Department,

check they are also ready to issue the Decision letter

Decision Issued: Date:……………….

Notice of Confirmation Published: Date: ……………….

End of High Court Challenge Period Date: ……………….

Page 20 of 26
 (6 weeks from Publication of Notice of Confirmation)

If no challenge, PA file one month after date of operation

Page 21 of 26
14 ACTION SHEET: ISSUE OF DECISION DOCUMENTS: ACT 8

(SUB SECTIONS 10.7 TO 10.9 OF THE CPO MANUAL)

When decision documents have been signed and are ready for
despatch, date letters and endorsements with same date.

If Order is confirmed, send to AA by recorded delivery:

Decision letter

Copy of Inspector’s Report

Sealed Order

One sealed map

If Order is not confirmed or some order land is excluded on confirmation

consider whether remaining objectors qualify for an award of inquiry
costs on grounds of success in accordance with the CPO Costs Manual.

If Order is not confirmed, send to AA by recorded delivery:

Decision letter

Copy of Inspector’s Report

Sealed Order

Both sealed maps

Send to remaining objectors and other parties who appeared at the

Inquiry/participated in the Written Representations procedure by first
class post:

Covering letter (include inquiry costs paragraph as appropriate)

Copy of decision letter

Copy of Inspector’s Report

Send to all other parties by first class post

Covering letter

Copy of decision letter

Page 22 of 26
 Pass a copy of the DL and Inspector’s Report to CCT
(Daniel)

Page 23 of 26
15 Confirmed Orders

Send Archives under cover of FRM-12:

Signed Inspector’s Report

Endorsed copy of Order

Second sealed map (which if modified has been endorsed &

signed)

Copy of decision letter

Put copies on file, stamped “File Copy – Not to be

Removed”:

Decision Letter

Inspector’s Report

Order

Map

All covering letters

Deposit No (from Archives) ……………….

Include on PlanET record

Page 24 of 26
16 ACTION SHEET: POST DECISION: ACT 9

(Section 11 of the CPO Manual)

All Orders

Orders to be confirmed

Issue reminder to AA if one month after decision they have not

given date Notice of Confirmation was published (LET-34)
(Separate arrangements apply to orders being decided by the
AA)(See Section 12)

File a copy of the Notice of Confirmation once received.

Page 25 of 26
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