Oxford Flood Alleviation Scheme - Updates and CPO Information
Overview
- Page 1 – Welcome
- Page 2 – Background and benefits
- Page 3 – Updates and CPO Information
- Page 4 – Your Questions
Latest news
Compulsory Purchase Order
We have made our Compulsory Purchase Order (CPO) for the Oxford Flood Alleviation Scheme. A CPO is a legal process that allows land, property and rights of access to be obtained from a landowner when there is a compelling case that the land is needed in the public interest and can only be applied for where land or access is vital for a scheme to function. It is normal practice when planning a scheme of this scale to run a CPO to ensure all land essential to the working of the scheme is acquired.
What does the CPO process involve?
Compulsory purchase is a legal process which allows the Environment Agency, as “acquiring authority”, to acquire the land and rights in land needed to build the scheme without the consent of landowners. We made a compulsory purchase order (CPO) on 16 February 2023.
The CPO process has three stages:
- Making
This is the process by which an acquiring authority decides that land is required for a specific purpose, and resolves to use compulsory purchase powers to enable the delivery of the proposed scheme.
The Environment Agency made the CPO for the Oxford Flood Alleviation Scheme on 16 February 2023. All affected parties were invited to submit any objections by 02 April 2023.
- Confirmation
The Environment Agency does not have the powers to compulsorily acquire land until we receive the consent of the Secretary of State for Environment, Food and Rural Affairs. The CPO was submitted to the Secretary of State for confirmation on 03 May 2023.
The Secretary of State announced a public inquiry into the CPO in June 2023. Following the conclusion of the CPO public inquiry in January 2024, the Secretary of State will now consider whether or not the CPO should be confirmed, modified or rejected.
- Implementation
Following confirmation of the CPO, the Environment Agency could then implement the CPO by exercising their statutory powers to acquire the rights and interests in land affected by the CPO.
There are two legal routes to achieving this; affected interests will either receive a Notice to Treat and Notice of Entry, or they will receive notification that the acquiring authority has made a General Vesting Declaration. In either case, the acquiring authority can take ownership after the expiry of a 3-month period.
How does this affect me and my rights?
If the CPO is confirmed, it will authorise the Environment Agency to compulsorily purchase the land and rights described in the CPO, for the purpose of its functions relating to flood defence.
If your interest in land is described in the Schedule to the CPO, and the CPO is confirmed by the Secretary of State, the Environment Agency will then have the statutory power to acquire that interest or right.
There is generally a right to compensation if your land is compulsorily acquired. Persons affected by compulsory purchase are under a duty to ‘mitigate losses’, meaning that you would need to take reasonable steps to eliminate or reduce your losses. For example, if you need to employ a removals firm to assist with your move, you should obtain quotes from at least 2 reputable firms. Assuming the firms all offer the same service, instructing the cheapest would be a way of mitigating your loss.
We understand that this process can cause concern. If you have any questions about the CPO, please feel free to contact us on OxfordScheme@environment-agency.gov.uk
What is the target timetable?
The CPO has been submitted to the Secretary of State for confirmation. The Secretary of State issued the "relevant date" letter on Wednesday 7 June 2023, confirming that a public inquiry would be held to consider the CPO and remaining objections. The public inquiry is standard procedure when objections are received. This allows an independent inspector to hear the cases for and against the scheme before making a recommendation to the Secretary of State on whether or not the CPO should be confirmed.
The public inquiry began on Tuesday 14 November at 10am.
It was held at The Kings Centre, Osney Mead, Oxford, OX2 0ES. The inquiry programme can be found on Helen Wilson's, the independent inquiry Programme Officer, website at https://www.hwa.uk.com/projects/oxford-flood-alleviation-scheme-cpo-inquiry/. The CPO documents, such as any proofs of evidence sent to or by the promoting authority and all public inquiry procedural information are listed in this document, please email us at oxfordscheme@environment-agency.gov.uk if you require any of the documents.
A virtual pre-inquiry meeting was held by the Inspector on Thursday 21 September 2023 at 10.00am. This meeting was an opportunity to consider how the public inquiry will be run, to ensure it is conducted as efficiently as possible.
If the CPO is confirmed, the Environment Agency could then take steps to implement the CPO commencing in late 2024.
The following schedule outlines the anticipated timetable for the CPO process over the coming months. Please be aware that these dates are our reasonable estimates and are subject to change.
7 June 2023: Secretary of State issues “relevant date” letter.
19 July 2023: Environment Agency submits our "Statement of Case".
14 November 2023: CPO public inquiry begins.
26 January 2024: CPO public inquiry concludes.
Autumn 2024: Estimated date for a decision on the confirmation of the CPO.
If you have not been contacted by us regarding ownership or rights but you think you should have, please email us. More information on the CPO process and compensation can be found on the CPO system page.
Planning Application
In July 2024, Oxfordshire County Council’s Planning and Regulation Committee resolved to grant the scheme planning permission. The resolution is subject to certain standard requirements. This includes the application first being referred to the Secretary of State Housing, Communities and Local Government, and the signing of a Section 106 Agreement between the Environment Agency and the council.
Under the Town and Country Planning (Consultation) (England) Direction 2021, planning applications for certain types of development must be referred to the Secretary of State. In the case of this scheme, it is because it is located in the green belt. It will be for the Secretary of State to determine whether they wish to make a determination.
A Section 106 Agreement is a private agreement between a local authority and a developer attached to a planning permission. It must be directly relevant to the proposed development and can relate to compensation or mitigation of impacts. In this case, it relates to the management and monitoring required for the habitats being provided.
You can read all information related to the planning application on the Oxfordshire County Council ePlanning system. The planning reference is MW.0027/22.
Highway Orders and Maps
The Environment Agency must permanently divert a number of footpaths to enable the construction of the Oxford Flood Alleviation Scheme. Suitable alternatives will be provided. A number of footpath acquisition extinguishment orders have been submitted alongside the Compulsory Purchase Order for the scheme. Please find the sealed highway orders and accompanying maps below.
Devil's Backbone order and map.
Hinksey Causeway order and map.
South East Weir's Mill Lane order and map.
Please click on each item below for more detail.
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Keep up to date with our latest news
You can read our e-newsletter to find out the latest updates for our scheme. Email us at Oxfordscheme@environment-agency.gov.uk to request to be added to our mailing list to receive our e-newsletter directly in the future.
Next Steps
Subject to all approvals, we currently anticipate construction to begin in 2024. We then expect construction to take up to 5 years. The A423 Kennington bridge in the southern end of the scheme area needs to be replaced by Oxfordshire County Council due to deterioration. The bridge is crucial to the Oxford Flood Alleviation Scheme as floodwater from the scheme needs to pass underneath the bridge to rejoin the River Thames. So, we also need to coordinate our construction with the replacement of the A423 Kennington bridge.
Construction would then start from the north and we anticipate it will take 3 years to complete the areas north of Old Abingdon Road. We can begin building the southern part of the scheme once Oxfordshire County Council have completed the replacement A423 Kennington Railway Bridge. For more information on the A423 bridge, please refer to the Oxfordshire County Council website.
Stay in touch
Stay in touch as the Oxford Flood Alleviation Scheme progresses:
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Email us with enquiries or sign up to receive our e-newsletters. If you need to access this in a different format for accessibility reasons, please email us.
- Follow us on social media:
Audiences
- Recreational and commercial river users
- Fishing clubs and representative associations
- Members of the public with an interest in the river, the species and conservation
- Businesses
- Charities
- Statutory organisations
- NGOs
- Members of the public
- Elected representatives, including MPs
- Local councils
- Academics
- Environment Agency customers
- Environment Agency colleagues
Interests
- Flood management
- Habitats and wildlife
- Specific projects, issues, or activity pages
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