How will the Broughton Bypass compulsory purchase order affect Lancashire land and property owners?

Lancashire County Council has issued a Compulsory Purchase Order (CPO), listing property and land it intends to buy to make the Broughton Bypass a reality.

Planning permission for the bypass was granted in November 2013 and work is expected to start late 2015, with the road expected to be fully open by 2017.

The £23.7million project aims to reduce congestion to the north of Preston where 22,000 vehicles pass through Broughton on the A6 every day.

However the Council’s plans to make way for the road by buying up farms, houses and a school car park has generated opposition from local communities.

Almost £5million has been set aside to facilitate the council in acquiring the land and property along the proposed route.

The law surrounding compensation is not straight forward and landowners affected by the Broughton Bypass should seek professional advice at the earliest opportunity.

Where land or property is compulsorily purchased, the dispossessed owner is entitled to be fairly and fully compensated for the loss arising from the buyout.

In this instance, the general legal principle of ‘equivalence’ applies. This means that the dispossessed owner should be put so far as money can allow, in the same position as if the land had not been taken, but not in any better position.

The starting point for assessing compensation is the market value of the land. However, where land or property would have had development potential, any compensation should take this potential into account.

Landowners affected by the Compulsory Purchase Order should seek professional advice at the earliest opportunity to ensure that the purchase is agreed on the best possible terms.

For more information on the new proposals please contact Katie Kozlowska on 01772 258321 or Katie.Kozlowska@harrison-drury.com