Compulsory purchase solicitors comment on M3, Junction 9 improvements

National, specialist compulsory purchase solicitor, Michael Harman, comments upon the granting of a Development Consent Order (DCO) to National Highways in respect of the M3, Junction 9 improvements at Winnall, Winchester.

On 16th May 2024, National Highways was granted a DCO by the Transport Minister. The M3, Junction 9 (Winnall, Winchester) improvement scheme aims to deliver a safer junction for traffic, through delivery of a road layout which better manages the flow of traffic through the junction and improving connectivity between the M3, A34, A33 and other local roads. The Junction 9 improvement scheme also aims to deliver improvements for walkers and cyclists. The scheme is expected to cost in the region of £190-£210million to deliver.

Holmes & Hills’ research identifies that much of the land required for the scheme, either permanently or temporarily, is already owned by the acquiring authority, National Highways, or the County Council (in its role as Highway Authority). Only a handful of private landowners are identified as owning land to be impacted by this road improvement scheme.

National Highways

Given that national infrastructure schemes such as this one take many years to plan, involving public consultation and communication of proposed plans for long periods in advance of the scheme’s commencement (and indeed in advance of the granting of a DCO), it is common for private landowners to engage with authorities proposing such schemes, prior to the granting of a DCO. Doing so can provide landowners an element of control over timescales of the impact of the scheme upon their lives and businesses.

Thus pre-engagement and consultation is greatly preferable for landowners rather than simply having a timescale for acquisition (or other impact) being imposed upon them as per the authority’s project timeline, following granting of the DCO.

Obtaining advice from specialist compulsory purchase solicitors and planning law solicitors early in a schemes lifecycle can also allow for the provision of strategic advice which can provide for maximising the value of land prior to entering into negotiations with the authority.

Landowners impacted by the M3, Junction 9 improvements

For the small number of landowners still owning land identified for compulsory purchase or imposition of rights by National Highways, to facilitate the Junction 9 improvements scheme, professional and expert advice should be sought prior to engaging with the authority. Subject to the nature of the land and the nature of the landowner (whether individual, business or agricultural business), the advice of a solicitor and surveyor should be sought. In some cases additional professional advisors may be required but a specialist solicitor can advise as to legal rights and obligations arising from the application with a specialist surveyor giving clarity as to the value of land to be acquired.

Specialist compulsory purchase solicitors

Holmes & Hills Solicitors has a division of specialist compulsory purchase lawyers who advise land and property owners across England and Wales who are impacted by national infrastructure schemes such as this, the M3 Junction 9 improvement project.

Led by Michael Harman, Partner of Holmes & Hills, the Compulsory Purchase and Development Consent Division comprises three specialist Solicitors and Trainee Solicitor. The Division forms part of Holmes & Hills Planning Law Department which, in addition to its long-standing national recognition for its knowledge and expertise, was recently listed by Planning Magazine as one of the largest and fastest growing specialist departments of planning law solicitors in the country.