Claimant CPO
Straw bales in the sunset
Client
EG West and Sons
Sector
Infrastructures
How we helped
Infrastructure and Energy Compulsory Purchase Compensation
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Get in touch
@ Mark Warnett
Mark Warnett 
MRICS
Associate Partner
020 7518 3246 email me about Mark Warnett
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Mark is part of the infrastructures team and his principal role is advising on compulsory purchase, compensation and valuation. He acts for claimants, who’s residential, commercial, agricultural or development property is affected by compulsory purchase, and also for acquiring authorities promoting compulsory purchase orders, land assembly and the acquisition of rights over land.

Mark has advised on compulsory purchase and valuation since starting practicing as a surveyor in 2006 and has represented significant clients on schemes including the Northern Line Extension, Bexhill to Hastings Link Road, A21 Dualling and the Bank Station Capacity Upgrade. Other than compulsory purchase his professional background is in rural surveying and agricultural property valuation, and he is a RICS Registered Valuer and a Fellow and examiner for the Central Association of Agricultural Valuers.

I can provide advice on:

At a former firm I was instructed in 2009 by EG West and Sons to raise an objection to the draft compulsory purchase order (CPO), which acquired 75 acres of their principal holding, 500 metres from the farmstead. While the family farmed other land (predominantly on contract and short lets), land take of around 50% of the main holding and associated disruption was a significant threat to their business and lifestyle.

With a strong objection we were able to negotiate the intricate detail of a long proposed land swap with the council-owned holding adjacent, let to another farmer. After exhaustive discussions the parties’ were ‘locked’ in a room and binding terms were signed at around 9pm the evening before our appearance at public inquiry the next day; not quite the ‘all-nighters’ that Brexit negotiators will become accustomed to, but close enough!

The scheme was eventually started in 2013. The client followed me to Carter Jonas and we settled the compensation claim with the acquiring authority in 2016. This included the transfer of a further 30 acres of council land to the client, whose farmstead is now ‘ring fenced’. The process, inevitably, has been drawn out and negotiations hard fought, but the client’s business has been protected and they have been properly compensated.

The key to a satisfactory outcome was finding a way to mitigate the impact of the scheme early and during the design phase, rather than relying on compensation after the event. The case speaks to how essential it is to engage as early as possible with the CP process; never assume its too early to instruct your agent. In this case an early instruction meant a bespoke solution could be agreed with an authority (and their agents) sufficiently open-minded and pragmatic enough to deliver it.