London Borough of Haringey: High Road West Phase A compulsory purchase order 2023

Catherine Hibbert, an expert compulsory purchase order solicitor, explores the planning proposals for the High Road West, Phase A regeneration scheme in Tottenham.

The London Borough of Haringey, supported by its development partner, Lendlease, is progressing its plans to deliver a comprehensive two phase residential-led regeneration scheme for the High Road West area in Tottenham, London, which will include a significant number of new homes plus leisure, commercial, office, business, local community uses and public realm improvements (‘the Regeneration Scheme’). Delivery of the Regeneration Scheme has been a key policy objective of the LB Haringey for many years, driven in part by the urgent need for more housing in this London Borough.

In order to deliver Phase A of the Regeneration Scheme, LB Haringey needs to acquire the title to all land within an area bounded by White Hart Lane, High Road, Brereton Road and the railway line which includes The Love Lane Estate (297 homes), nos 731-759 High Road (odd numbers only), 100 Whitehall St plus other land including The Coombes Croft Library, some local roads, a community centre and a substation. This proposal will affect residential occupiers and owners in the Love Lane Estate, including secured and unsecured Council tenants as well as third party leasehold owners and occupiers. Other freehold/leasehold residential/business owners and occupiers are also affected by these proposals.

The LB Haringey took the first formal step in January 2023 towards securing powers of compulsory acquisition to facilitate the Regeneration Scheme by making the Draft LB Haringey (High Road West Phase A) Compulsory Purchase Order 2023 (the draft CPO). It is likely that an inquiry will be convened to consider objections lodged in relation to the draft CPO. If confirmed by the Secretary of State for Levelling up Housing and Communities in due course, this will enable the compulsory acquisition of all land and rights required for delivery of Phase A of the Regeneration Scheme and (subject to any judicial challenge) there will be no further opportunity for landowners to object to the compulsory acquisition of their interests. LB Haringey will be able to exercise powers of compulsory purchase in order to secure title to the land required and the interests of any individual or company in such land will convert to claims for financial compensation.

In very broad terms, the owner of a compensatable interest in land which is acquired by virtue of compulsory acquisition powers can expect to recover compensation for the following heads of claim:-

• Value of the land taken;
• Disturbance;
• Statutory loss payments;
• Severance and injurious affection (where only part of the land is taken).

Each potential claim for compensation will need to be considered on its own facts. In general however it is worth highlighting that:

• There are special provisions dealing with tenants at will/ tenants with only a short unexpired term remaining/ those lawful occupiers with no compensatable interest in the land to be compulsorily acquired.
• Disturbance payments are generally only made to those in physical occupation of the land and are intended to compensate for the losses which are a reasonable and natural consequence of being disturbed from the land (including for example costs relating to removals/ acquiring a replacement home/any special (disability) adaptations required in the replacement home etc). There are some limited opportunities for owners who are not in occupation to recover expenses incurred in acquiring a replacement investment property. Business occupiers may be able to recoup business losses under this head of claim.
• Loss payments (home loss/ occupiers loss/basic loss) may be payable to those with a qualifying interest in the land which is taken calculated by reference to a percentage of the market value of the land to be acquired (subject to a maximum cap/minimum flat rate payment).
• In cases where no land is taken but rights in property are interfered with as a result of exercise of powers of compulsory acquisition, then it may be possible to claim compensation for injurious affection, provided that it can be demonstrated that there are losses which are a reasonable and natural consequence of the execution of the works which result in a reduction of the land value to which those rights relate.
• In all cases where an occupier or owner qualifies for compensation, the acquiring authority is obliged to reimburse the claimant’s reasonable legal and surveyors’ fees associated with settling any claim for compensation.

LB Haringey has publicly asserted that it has reached out to all landowners affected by the draft CPO and that some, but not all, of the land required has been now been secured by them. It has indicated that it wants to continue these negotiations ahead of confirmation of the draft CPO with a view to securing as much of the land it requires for the Regeneration Scheme by agreement rather than pursuant to the exercise of powers of compulsory acquisition.

Details of the types of terms The LB Haringey is willing to offer to qualifying existing secure tenants, non-secure tenants placed in temporary accommodation by the Council and resident leaseholders on the Love Lane Estate to sell by agreement are described in a Written Offer Document. Qualifying residential owners and occupiers can, in seeking to agree terms with LB Haringey ahead of confirmation of the draft CPO, expect support with rehousing options within the Regeneration Scheme/ the wider Borough in addition to a compensation package which is broadly equivalent to what one should expect were any sale to proceed pursuant to the exercise of powers of compulsory acquisition. Businesses can expect support with relocation if necessary - either within the Regeneration Scheme or within the Borough.

If you are a business or an individual potentially affected by the draft CPO and need advice on the scope of any potential claim for compensation and support in negotiating terms with LB Haringey, then please get in touch. You should expect that your reasonable legal and professional costs associated incurred in reaching an agreement for sale ahead of any compulsory acquisition process should be recoverable from the LB Haringey. This firm has a team of dedicated professionals with expertise in the field of compulsory purchase and compensation who can help guide you through this process.