Successful discretionary purchase negotiation under shadow of new energy plant

Catherine Hibbert
Working with residential property owners

Catherine Hibbert, specialist compulsory purchase solicitor was approached for advice by a residential property owner whose property fell within the order limits of a development consent order relating to a proposed new energy plant.

Catherine advised the property owner family on the scope of the compensation they would receive if the development consent order were confirmed and the property was acquired pursuant to compulsory powers. Catherine then supported the client and their appointed surveyor in negotiations for a voluntary sale under the shadow of compulsory purchase.

Concurrently, Catherine lodged a robust objection to the DCO proposals on grounds including human rights, public sector equality duty and justification focusing on the owner-occupiers disability and need to live close to his family support network. This tactic was employed by Catherine so as to maintain pressure on the promotor to reach a suitable settlement with our client.

Outcome

The client’s team secured a voluntary settlement with the energy scheme promoter which enabled the client to relocate to a property which they considered was suitable to meet all their needs, on a timescale that suited the client.

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