AS part of town centre regeneration plans, St Helens Council approved a Compulsory Purchase Order of The Swan pub last month.
It has proven to be a controversial move, as the Compulsory Purchase Order (CPO) would see the historic building flattened to make way for a new and improved bus station.
The council says a more attractive and accessible bus station will drive footfall into a revamped town centre, but the move has not gone down well with the pub's landlady and community of regulars.
But what is a CPO and how can the council take ownership of a building that isn't theirs? The Star explains the procedure below.
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What is a Compulsory Purchase Order?
A Compulsory Purchase Order is a power that enables local authorities to acquire land compulsorily.
Used properly, they can contribute towards effective and efficient urban and rural regeneration, essential infrastructure, the revitalisation of communities, and the promotion of business – leading to improvements in quality of life.
When should a CPO be used?
The government state that a CPO is intended as a "last resort" to secure land for council or regeneration projects, and should only be made where there is a "compelling case in the public interest".
Decision makers will expect local authorities to demonstrate that they have taken reasonable steps to acquire the land and can justify their decision to make the order.
Who should be notified of a CPO?
The council or relevant authority should inform any party that the CPO will directly impact.
This includes the owner of a building, an occupier, a tenant, and anyone the acquiring authority thinks is likely to be affected or could make a claim for compensation.
The general public will also be notified through newspaper notices and site notices.
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Can objections be made to a CPO?
Those who will be directly affected by a CPO, as well as third parties and members of the public, are invited to submit any objections to the relevant government minister within a specified period.
In the case of the Swan, the deadline for objections is Friday, January, 13, which must have been written to the Secretary of State for Levelling Up, Housing and Communities, Planning Casework Unit 23, Stephenson Street, Birmingham, B2 4BH.
Those who feel who wish to dispute the validity of a compulsory purchase order once approved can challenge the order through an application to the High Court.
What happens after a CPO is approved?
After a compulsory purchase order is made public, residents have a minimum of 21 days to submit their objections.
If no objections are made, a government minister will consider the suitability of the proposals and either confirm, modify, or reject the CPO.
If there are objections, as with the case with the Swan, a public inquiry could be held and arrange for all objections to be considered.
A public inquiry will be held in a location suitable for all parties, and would be held in summer in the Swan's case.
The Secretary of State will make a decision on the case, and the landowner will receive compensation if the order goes ahead.
The decision from the government's decision for the Swan's CPO is expected to be made in late 2023.
The building is likely to be transferred to council ownership in spring 2024 if the CPO is approved.
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