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

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:

1. 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.

2. 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 will now consider the CPO and, if necessary, will hold a public inquiry to consider whether or not the CPO should be confirmed, modified or rejected.

3. 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, copies of any proofs of evidence sent to or by the promoting authority and all public inquiry procedural information 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/

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. For further information, please contact oxfordscheme@environment-agency.gov.uk

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.

Mid 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.

We have provided the Statement of Reasons and accompanying maps and documents for the CPO for you below:

Latest News

Section 19 Application

The Compulsory Purchase Order (CPO) will be subject to special Parliamentary procedure unless the Secretary of State for Levelling Up Housing and Communities gives a certificate in accordance with the provisions of section 19 of the Acquisition of Land Act 1981. As part of the application for such a certificate we are required to advertise the Notice of Intention and to provide an opportunity for members of the public to make representations and objections to be made.

The plans and guidance note available below for download provide additional information about the proposals. Any representations or objections sin relation to this proposal should be addressed in writing to:

By email to: PCU@levellingup.gov.uk

By post to:

The Planning Casework Unit, Department for Levelling Up, Housing and Communities, 23 Stephenson Street, Birmingham B2 4BH

by 23.59 on 12 December 2023 quoting reference PCU/S19/U3100/3321729.

Copies of the draft CPO, the CPO map(s); plans showing the order land, the rights land and the proposed exchange land; and a user-guide to the plans are on deposit at Oxford Westgate Library, 228 The Westgate, Queen Street, Oxford OX1 1PE; and Environment Agency, Kings Meadow House, Kings Meadow Road, Reading RG1 8DG.

Section 19 Notice of Intention

Section 19 User Guide to Accompany Notice Plans

Planning Application Submitted

The planning application for the scheme has been submitted to Oxfordshire County Council as the local planning authority. The council consulted on the planning application from 7 April to 9 May 2022 and subsequently submitted a Regulation 25 request for further information about the application. The response to this has been submitted and the council held a consultation on our response. All the information submitted to the council is available to read on the Oxfordshire County Council ePlanning system, planning reference: 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.

South Hinksey order and map.

Please click on each item below for more detail.

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.

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