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Compulsory Purchase Orders - the best tactic for retailers

Imagine a game of Monopoly for retailers and when you turn over a CHANCE card and you are faced by a Compulsory Purchase Order (CPO). You might be tempted to give up and make a cup of tea. However, if you are a retailer owning or leasing the land subject to the order, then inaction is certainly not the best strategy.

Katherine Evans, head of Planning at TLT explains "so many retailers don't object to the CPO and as a consequence may receive minimal compensation and sometimes not for many years.

"If you lodge an objection, then it puts you in a much better position to maximise your compensation. Even if the CPO only covers a fraction of your land, such as part of your back yard, then you should still object and if the right approach is taken in many cases the acquiring authority will cover your legal costs."

The multiple grocers are certainly alive to the best strategies when it comes to planning issues such as PPS6's sequential testing and dealing with CPOs as recently demonstrated by the recent case Sainsbury's Supermarkets Ltd v Wolverhampton City Council and Tesco Stores Limited [2009] EWCA Civ 734.

However, Katherine further explains "other retailers can also maximise the value of their land but they need to be aware of the most beneficial strategy to adopt, in order to gain the best result."