Mineral CPO and Compensation

Mineral CPO and Compensation

Are you facing a compulsory purchase order relating to your mineral or waste rights? In seeking compensation you must first determine your actual loss rather than the value to the acquiring authority. As with all CPO acquisitions, the compensation will take no account of added value arising from the acquiring authority’s scheme. While this can seem unfair, this additional value must be ignored if planning permission for extraction wouldn’t otherwise have been granted.

Our mineral surveyors can advise you on compensation at an early stage and negotiate the most advantageous sum. Where a CPO can be anticipated from a development plan, we can also advise on what steps can be taken to maximise a claim when CPO notices are served.

Compensation for an existing quarry can take into account foreseeable future extensions or potential lost landfill. Where no planning permission exists or the interest is of severed minerals only, it may be possible to enhance a future anticipated CPO claim by granting a minerals lease or option to show intent. If there’s clearly no intrinsic value, it may still be possible to avoid a CPO by showing that the acquiring authority’s legal costs don’t justify the interest being acquired.

Contacts

Stephen Barry Stephen Barry
Technical Director
+44 (0)1782 276700
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Jane Iwanicki Jane Iwanicki
Technical Director
+44 (0)191 232 0943
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