UK Compulsory Purchase Expert Helps Block Controversial CPO in Turks and Caicos

A leading UK compulsory purchase practitioner has successfully supported the rejection of a CPO by the Government of the Turks and Caicos Islands.

Colin Cottage, the managing director of valuation and compensation at Ardent – which has offices across the UK and Ireland, received the call to support a landowner whose property was threatened by compulsory acquisition.

The land, situated adjacent to the Sapodilla Bay Beach area in Providenciales, comprises around 0.52 acres of undeveloped land with approximately 115 feet of sand beach front.

The TCI Government wanted the land so that it could relocate beach traders and businesses that were operating in front of high-end hotels in the area.

Cottage, a former chair of the Compulsory Purchase Association, has previous experience in the Turks and Caicos Islands and his knowledge was called upon by the legal team representing the landowner to support an appeal against the acquisition.

He explained: “There aren’t any experienced compulsory purchase practitioners operating locally and I’ve undertaken work in Turks & Caicos previously, so have knowledge of the Land Acquisition Ordinance that applies in the territory. I was also known by the lawyer acting for the landowner and was able to work with a local surveyor, Steven Kendrew, to support the landowner’s case.

“My representations were based around the fact that land cannot be the subject of a compulsory purchase order in the Turks and Caicos Islands if other sites are available that can fulfil the Government’s requirements.

“It was clear that alternative sites had not been considered and because of this we were able to show that a CPO of the land could not be justified. It wasn’t entirely clear why the availability of alternative sites, some of which the Government actually owned, had not been explored.

“But this meant there was little choice but to find in favour of the landowner at appeal.”

In his final judgment, the Hon. Mr Justice Anthony S. Gruchot, noted representations made on behalf of the landowner that the Governor of the Turks and Caicos Islands is ‘under obligation to consider suitable alternative sites’ and that it was a duty he ‘did not fulfil.’ He also concluded that ‘the acquisition of the land is not necessary for the purposes contended.’

Cottage added: “It’s always interesting to support a case overseas and I was very pleased to be able to combine my knowledge of compulsory purchase with the knowledge of a local surveyor to achieve the right outcome for the client.”