Find out about the Compulsory Purchase Order (CPO) for the regeneration of The Strand and The Terrace in Torquay.
March 2025
This document sets out a list of frequently asked questions about the Compulsory Purchase Order (CPO) that may be required to assist in bringing forward the regeneration of The Strand and The Terrace in Torquay.
This document will be regularly updated as the project progresses.
Further information is available at our the Strand web page and this will be regularly updated.
Torbay Council (“the Council”) is seeking to bring forward redevelopment of a site located on the Strand and the Terrace in Torquay (“the Site”), comprising 7-14 The Strand and 43/45/47/55/57/59 The Terrace. The Council has appointed Milligan and Wilmott Dixon as its regeneration partners. The three parties are working together to bring forward a scheme with the intention to deliver a mixed use scheme on the site (“the Scheme”). The Site is a currently a mixture of vacant properties, commercial uses and residential uses.
The Council and its regeneration partners have already carried out considerable work to bring forward development on the Site including acquisition of the former Debenhams store and work to prepare a planning application for the Scheme. There remain a number of property interests to acquire and the Council is in negotiations with the owners of these properties to seek to acquire all the properties by agreement where possible.
The Council may need to use its compulsory purchase powers to enable delivery of the Scheme within a reasonable timeframe. On this basis the Council took a report to its Cabinet in November 2024 and its Full Council in December 2024 to obtain the ‘in principle’ approval to use its compulsory purchase powers and to carry out all preparation for a CPO if required.
View the December 2024 Full Council report.
The Council is now carrying out preparation to use its compulsory purchase powers if necessary but will only use its compulsory purchase powers as a last resort and will continue to seek to acquire all third party property interests by agreement.
A Compulsory Purchase Order allows public bodies to acquire land and rights without the consent of the owner or occupier.
Compulsory purchase powers are an important tool to use as a means of acquiring the land needed to deliver positive social, environmental, and economic change including the regeneration of areas. Compulsory purchase powers are available to public bodies including local authorities to compulsorily acquire third party land/property interests and rights to deliver these changes and should only be used where there is a compelling case in the public interest.
Torbay Council as a local authority has compulsory purchase powers and further information about the CPO process is set out below.
CPO powers can only be authorised by the relevant Secretary of State, with a decision on any CPO made either by an appointed planning inspector or the Secretary of State.
If the Council decides to make a CPO, the Council is required to carry out due diligence to ensure they identify all affected property interests and rights to include in the CPO, alongside carrying out negotiations to seek to acquire third party property interests by agreement.
If the Council formally makes and publishes a CPO, it will include:
From the date the Council publishes a CPO, any affected or interested party has a minimum of 21 days to make an objection to the CPO. Objections made by affected parties may result in a public inquiry. If there are no objections to the CPO, the Council is able to confirm the CPO itself.
At a public inquiry, an independent planning inspector would then consider the case for making the CPO, hearing from the Council, and from any objectors to the CPO. Either a planning inspector or Secretary of State would then make a decision whether to confirm (approve) the CPO, confirm the CPO with modifications or refuse the CPO.
If the CPO is confirmed the Council would then need to publish notice of its confirmation and there would be a six-week legal challenge period. After confirmation of the CPO, the Council would be able to serve notice to compulsorily acquire the land or rights, giving at least three months’ notice to any affected party.
Throughout the CPO process the Council is required to continue negotiations to acquire third party property interests. Compensation should be paid for acquisition of any property and rights, in accordance with the statutory Compensation Code, to parties from whom land, property and interests are being acquired. Any potential claimants also have a duty to mitigate their losses and to take reasonable steps to eliminate or reduce their losses if a compensation claim arises.
The Council is seeking acquire all third party interests within the Site boundary and negotiations are underway. The Council believes that it has made contact with all owners affected by the Scheme. However, if you hold a property interest in the Site and have not been contacted by the Council, please contact the Council on the contact details at question 7 of these FAQs.
A report was taken to the Council’s Cabinet on 26 November 2024 and then onto the Full Council on 5 December 2024 to enable the Council to commence preparations for a CPO. The recommendations of the report were approved by both committees. A further report will be taken back to Cabinet/Full Council to obtain approval to make the CPO.
View the December 2024 Full Council report.
The Council will only exercise its CPO powers as a last resort.
Yes. Once the Council has made a CPO you will have at least 21 days to submit an objection. If your property interest is included within the Order Schedule, you are known as a qualifying objector. This gives you the right to object to a CPO, but your objection must be received by the deadline set for objections. If the Council makes a CPO it will write to you to let you know that the CPO has been made and how to submit an objection.
If you do not appear on the Order Schedule, you are unlikely to be a qualifying objector and while you can still object this will carry less weight in the decision-making process of the CPO.
Please contact the Council on the contact details below:
Ed Brown
Development Manager
Torquay Council
Tor Hill House
Torquay
TQ2 5QW
Affected parties may find it useful to seek professional advice and/or representation from a surveyor who specialises in compulsory purchase to ensure that they fully understand the CPO process and for the surveyor to either lead or assist them with negotiations with the Council and its development partners. The advisor may also provide advice to assist a landowner/occupier in understanding the impact of any CPO on their property interest and to under the compensation which may be payable to them.
The Council will reimburse your reasonably incurred professional fees. Please discuss this with Ed Brown at Torbay Council (details set out at question 7 of these FAQs) if you would like further information.
You can also search the Royal Institution of Chartered Surveyor’s (RICS) website for firms.
You may be entitled to financial compensation if your property interest is included within the CPO. The extent of compensation depends on the type of property interest you hold and the impact of the Scheme on your property interest.
Compensation will be paid based on the principle that the owner/occupier should be paid neither less nor more than their loss, in accordance with the statute and case law which govern compulsory purchase compensation. Compensation would usually include financial compensation to cover the following:
If a CPO is required and there is a CPO inquiry, under the current indicative timetable, the Council would seek to take possession of land currently in third party ownership in spring 2027.
However, if a CPO is either not required or if there are no objections and an inquiry is not required, the Council’s ‘not before’ date, the earliest at which the Council would take possession is early 2027. The Council is also happy to acquire properties at an earlier date where agreement can be reached and has the funds in place to acquire properties now.
The Council would like to understand the impact of the Scheme and CPO on all affected parties and will provide support to occupiers if they wish to relocate. If this applies to you please discuss your requirements with the Council whose details are set out at question 7 of these FAQs.
The Council has prepared a Schedule of Currently Available Properties for commercial occupiers wishing to relocate within Torquay and these will be shared directly with affected parties and will be available on the Council’s Scheme website.
National Government provides guidance on CPO in a number of documents. These include: