CPO Talking Heads: July 2023

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On Demand:
CPO Talking Heads: July


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Date of Recorded Event: Tuesday 11th July
CPD Hours: 1 Hour
Module Duration: 1 Hour
Price: £40 + VAT
July's Discussion: Severance & Injurious Affection

Where only part of a landowner’s interest is acquired, if the value of their retained land is diminished because of its severance from land acquired compulsorily, or as a result of injurious affection through the execution or use of scheme works, they are able to claim compensation under s.7 of the Compulsory Purchase Act 1965.

Compensation for injurious affection may also be claimed in some circumstances where no part of a landowner’s property interest is acquired; either if the execution of works for a scheme reduces the value of a property (under s.10 of the Compulsory Purchase Act 1965), or if a property’s value is reduced as a result of physical factors arising from the use of public works (under Part 1 of the Land Compensation Act 1973).

In this talking heads session, we will look at the circumstances in which compensation for severance and injurious affection can be claimed, the limitations on claims, and how claims can best be evidenced.

What is the difference between severance and injurious affection?

  • Where compensation for severance can be claimed under s.7 of the CPA 1965
  • Where compensation for injurious affection can be claimed under s.7 of the CPA 1965
  • What are the statutory rules that apply to claims?
  • Relevant case law

How to support compensation claims for severance and injurious affection

  • Evidencing a diminution in value
  • Where does severance and injurious affection end and compensation for disturbance start?
  • The other side of the coin – ‘set-off’

S.10 of the Compulsory Purchase Act 1965

  • When can claims be made under s.10?
  • The McCarthy Rules
  • Limitations on claims

Part 1 Claims

  • When can claims be made under Part 1 of the LCA 1973?
  • The conditions that need to be satisfied
  • The timing of claims
  • How to evidence Part 1 claims?


Speakers:

Henry Church MRICS, CBRE; CPA Chair
Beth Casey, Squire Patton Boggs (UK) LLP
Colin Cottage BSc (Hons) MRICS RICS, Ardent Management
Simon Mole, Montagu Evans LLP

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