FOI request u
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TOPTON

Original Poster:

1,514 posts

266 months

Monday 21st March 2016
quotequote all
Not sure if this is the correct place to ask but I will anyway. Feel free to move it mods if I'm in the wrong section.

A good friend of mine bought a old cottage with about an acre of land around 12 months ago. He has been spending a lot of time (my time also) and money bringing it into the 21st century fitting new central heating, re wire, re plastering, new windows etc. His next plan is to build a double garage and possibly a small stable block with new driveway. Not a cheap exercise so far, with lots more to spend.

To the point>>>> He heard a whisper the other day that there are plans for a compulsory purchase order on this and his immediate neighbour's property to build a new road, 2017 was mentioned. The likelihood of this could be true.

Who would we write to for this FOI request, because at the moment things seem to be a bit secretive. He has approached the local parish council who were evasive on the subject.


edit....not sure why there is a random u in the title, oops

TooMany2cvs

29,008 posts

156 months

Monday 21st March 2016
quotequote all
TOPTON said:
A good friend of mine bought a old cottage with about an acre of land around 12 months ago.

To the point>>>> He heard a whisper the other day that there are plans for a compulsory purchase order on this and his immediate neighbour's property to build a new road, 2017 was mentioned. The likelihood of this could be true.
Ah, rumours...

First question has to be why his solicitor didn't pick up on this in the purchase.

Monty Python

4,813 posts

227 months

Monday 21st March 2016
quotequote all
Start with your local council and ask if there are any proposals for public works or compulsory purchase schemes. The departments likely to help are planning, legal and estates.

TOPTON

Original Poster:

1,514 posts

266 months

Monday 21st March 2016
quotequote all
I agree rumours are just that, rumours. But as I said, the likelihood of this could be true as there is a £10bn project starting next year within 3 miles of his home. With new roads and rail links.
As for the solicitor, he wasn't happy with their service on completion so we wouldn't be at all surprised if they missed it.

anonymous-user

84 months

xjay1337

15,966 posts

148 months

Monday 21st March 2016
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Excuse my lack of experience here but surely you can't be FORCED to sell your home if you own that land ? They can just build the road around you... ?

GreigM

6,740 posts

279 months

Monday 21st March 2016
quotequote all
xjay1337 said:
Excuse my lack of experience here but surely you can't be FORCED to sell your home if you own that land ? They can just build the road around you... ?
Yes, they can. Compulsory Purchase has been used many times near me.

xjay1337

15,966 posts

148 months

Monday 21st March 2016
quotequote all
I'm sure you would get over the odds from it though?

TooMany2cvs

29,008 posts

156 months

Monday 21st March 2016
quotequote all
xjay1337 said:
I'm sure you would get over the odds from it though?
No, market value.

This is the official guide to compensation :-
https://www.gov.uk/government/uploads/system/uploa...

And this is the more general guide to the process :-
https://www.gov.uk/government/uploads/system/uploa...

Red Devil

13,526 posts

238 months

Monday 21st March 2016
quotequote all
speedyguy said:
There is no way improving that road on it's own will cost £10bn! It is almost certainly part of the strategy for this - http://www.mirror.co.uk/news/uk-news/new-10bn-sell...

And the answer to the OP's question is yes. A CPO can certainly be made if it is deemed necessary. So the question for him is whether the further money he is planning to expend will be realised by a similar increase in market value. If not, then he can either forget it or gamble that his property will not need to be acquired.

TOPTON

Original Poster:

1,514 posts

266 months

Monday 21st March 2016
quotequote all
It is all part of the above project. My question is who would we approach, Cumbria County Council, Copeland Borough Council, the parish council or the project owners. The parish council have been asked, not formally though, just a member who is friendly to my mate. As I said earlier, they were evasive in their answers

Compulsory purchases do happen. However unfair that is, market value is given but not betterment or compensation. The thoughts he is having are, do we go ahead and spend another £20-$30k plus months of our work developing things only for it all to be taken away and pulled down

TooMany2cvs

29,008 posts

156 months

Monday 21st March 2016
quotequote all
TOPTON said:
It is all part of the above project. My question is who would we approach, Cumbria County Council, Copeland Borough Council, the parish council or the project owners. The parish council have been asked, not formally though, just a member who is friendly to my mate. As I said earlier, they were evasive in their answers
"being evasive"? Or they just genuinely have no idea because there are no public plans yet?

That Mirror article is nine months ago - and the site had just been confirmed. And that was after he bought the place, so he definitely can't blame his solicitor. The exact route of any new infrastructure (road or rail) that might or might not need to be built is going to be a loooong way from being decided. Even then, the actual CPOs are even further down the line.

The final "investment decision" is scheduled for late 2018.
http://www.nugeneration.com/timeline.html

TOPTON

Original Poster:

1,514 posts

266 months

Monday 21st March 2016
quotequote all
He's not looking to blame his solicitor, I answered a question as to why it may not have been picked up. On saying that, the future plans were there and have been for a while, then it should at least have been mentioned in the conveyancing that there was going to be a massive nuclear expansion on his doorstep.

The black circle top right is his property, red is the nuclear development, blue is selafield nuclear now.



Just going on what is listed as plans, the road infrastructure will be in place before the main construction work starts. So he may only have 18 months left at the property. So not that long really and any works done by us would possibly take 6-8 months to complete, (not started anything yet) as it is done part time only.


gnc

448 posts

145 months

Monday 21st March 2016
quotequote all
i have recently made freedom of information requests to all the local councils in lincolnshire about certain planning approvalls. some were very helpfull, others not so. just write , dear council, would you please supply me with the following information under the FOI, thank you. may take a few weeks.

TooMany2cvs

29,008 posts

156 months

Monday 21st March 2016
quotequote all
TOPTON said:
He's not looking to blame his solicitor
Fair enough. Just saying that there's definitely no claim there.

TOPTON said:
On saying that, the future plans were there and have been for a while, then it should at least have been mentioned in the conveyancing that there was going to be a massive nuclear expansion on his doorstep.
Sure, but there's also a bit of DIY due diligence...

TOPTON

Original Poster:

1,514 posts

266 months

Monday 21st March 2016
quotequote all
TooMany2cvs said:
TOPTON said:
He's not looking to blame his solicitor
Fair enough. Just saying that there's definitely no claim there.

TOPTON said:
On saying that, the future plans were there and have been for a while, then it should at least have been mentioned in the conveyancing that there was going to be a massive nuclear expansion on his doorstep.
Sure, but there's also a bit of DIY due diligence...
Due diligence!!! What way?? You pay a solicitor £xxxx to do conveyancing, which includes land searches etc. Are you suggesting that anyone that buys a house anywhere should do there own land searches too. Because I've never heard of that happening, that is what I am paying them for.
I would be pretty upset with my solicitor if I bought a house only to find there is a massive nuclear plant being built within eyesight.

tapereel

1,860 posts

146 months

Monday 21st March 2016
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TOPTON said:
It is all part of the above project. My question is who would we approach, Cumbria County Council, Copeland Borough Council, the parish council or the project owners. The parish council have been asked, not formally though, just a member who is friendly to my mate. As I said earlier, they were evasive in their answers

Compulsory purchases do happen. However unfair that is, market value is given but not betterment or compensation. The thoughts he is having are, do we go ahead and spend another £20-$30k plus months of our work developing things only for it all to be taken away and pulled down
You can request info but they don't have to provide it because the information will be published in the future

This is an absolute exemption to providing it early under FOI.

No harm asking but don't get your hopes up

TooMany2cvs

29,008 posts

156 months

Monday 21st March 2016
quotequote all
TOPTON said:
Due diligence!!! What way?? You pay a solicitor £xxxx to do conveyancing, which includes land searches etc. Are you suggesting that anyone that buys a house anywhere should do there own land searches too. Because I've never heard of that happening, that is what I am paying them for.
I would be pretty upset with my solicitor if I bought a house only to find there is a massive nuclear plant, built in the early 1950s, only a mile or two away, with public protests against plans for another one, even nearer, just months before.
Yes, I'm sure.

Red Devil

13,526 posts

238 months

Monday 21st March 2016
quotequote all
TOPTON said:
The thoughts he is having are, do we go ahead and spend another £20-$30k plus months of our work developing things only for it all to be taken away and pulled down
I refer the hon. Gentleman to the reply that I gave some moments ago.
Hint: it's immediately above your post. wink

TOPTON said:
The black circle top right is his property, red is the nuclear development, blue is selafield nuclear now.

https://goo.gl/maps/vq4Hx2sr6r22
https://www.google.co.uk/maps/@54.4331846,-3.50928...

If there is to be improved access from the Barrow direction by-passing Calder Bridge I would have expected it to run to the south of the A595.

TOPTON

Original Poster:

1,514 posts

266 months

Monday 21st March 2016
quotequote all
Thanks for the responses guys. Seems we can ask but it may not be freedom of info as its too secret at the moment. I tried filling a form out to email CC for information but got a 404 error from their website. Tinfoil hat time maybesmokin