Find out about the Compulsory Purchase Order (CPO) for the regeneration of Union Square Shopping Centre and surrounds 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 Union Square Shopping Centre and surrounds in Torquay.
This document will be regularly updated as the project progresses.
Further information is available on our Union Square web page and this will be regularly updated.
Torbay Council (“the Council”) bought the freehold of Union Square Shopping Centre (“the Shopping Centre”), Torquay in 2022 with the intention to regenerate the Shopping Centre and the surrounding area. The Council has appointed Milligan and Wilmott Dixon as its regeneration partners with the intention to bring forward a residential-led mixed use scheme (“the Scheme”). The Site includes the Shopping Centre and properties on Market Street and Union Street including the Pannier Market.
The Council and its regeneration partners carried out consultation on the preferred design option for the Scheme in October and November 2024. A planning application for the Scheme is now being worked up with the intention to submit the planning application to the Local Planning Authority in spring 2025.
The Council has already acquired Union Square Shopping Centre and some properties within the Scheme boundary. There are also a number of properties in third party ownership which the Council need to acquire to ensure that the Scheme can be delivered within a reasonable timeframe.
In order to ensure that the Scheme can be delivered the Council is considering using its statutory compulsory purchase powers. The Council took a report to its Cabinet in October 2024 and its Full Council in December 2024 to obtain approval to in principle use its compulsory purchase powers and to undertake all necessary steps to make a Compulsory Purchase Order (CPO). The Council will take a further report back to its Cabinet and Full Council to approve the making of any CPO.
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. If you hold a property interest in the Site and have not yet begun negotiations with the Council, please contact the Council on the contact details at question 7 of these FAQs.
The Council is currently in the preparatory stage of preparing for a CPO. The Council took a report to its Cabinet in October 2024 and its Full Council in December 2024 to obtain approval to in principle use its compulsory purchase powers and to undertake all necessary steps to make a Compulsory Purchase Order (CPO). The Council will take a further report back to its Cabinet and Full Council to approve the making of any CPO.
View the December 2024 Full Council report.
The Council will only exercise its CPO powers as a last resort.
An indicative timetable of events is set out below. If required, a further report will be taken to Cabinet/Full Council before a CPO is made.
| Event/action | Indicative timescale |
|---|---|
| Negotiations | Continuing throughout the CPO process. |
| Preparation for the CPO, including further due diligence and land referencing carried out by the Council. Report taken to Cabinet/Full Council to make the CPO | Ongoing to September 2025 |
| CPO made (if required) and minimum of 21 days objection period | September to October 2025 |
| If objections are received, a public inquiry is likely to be held | March 2026 |
| Decision on a CPO inquiry | June 2026 |
| Take possession of land (if a CPO inquiry is required) | September to October 2026 |
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:
Richard Sutton
Commercial Development Team Leader, Torbay Council
Email: Richard.Sutton@torbay.gov.uk
Mobile: 07810 654610
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 Richard Sutton 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 at:
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 December 2026/January 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 August 2026. 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 is seeking 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 those 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: