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What is a Compulsory Purchase Order?
The Environment Agency has made a 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 or rights over land is needed in the public interest. It is normal practice when planning a scheme of this scale to make a CPO to ensure all land essential to the implementation and operation of the scheme is acquired.
We won’t need to ask anyone to leave their homes – most of the land to be acquired is farmland and floodplain meadow, and we have already consulted with landowners and affected parties and will continue to do so.
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 over land needed to build the scheme without the consent of landowners.
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.
A public inquiry took place from November 2023 to January 2024. This gave the opportunity for both support and objections to the CPO to be heard by an independent inspector. The inspector then submitted her report to the Secretary of State for the Department for Environment, Food and Rural Affairs (Defra).
Confirmation
The Secretary of State for Defra confirmed the CPO on 12 May 2025 to the Environment Agency and all objectors. This gives the Environment Agency the power to compulsorily acquire land needed for the Scheme.
Implementation
The Environment Agency can implement the CPO by exercising its statutory powers to acquire the rights and interests in land affected by the CPO.
A notice will be issued to all affected parties giving the date when the land ownership will transfer to the Environment Agency. This notice will be provided at least 3 months before the date of transfer.
How does this affect me and my rights?
If your interest in land is described in the Schedule to the CPO, the Environment Agency will have the statutory power to acquire that interest or right.
There is generally a right to compensation if your land is compulsorily acquired. If you are affected by compulsory purchase you will be under a duty to ‘mitigate losses’, meaning that you would need to take reasonable steps to eliminate or reduce your losses (i.e. claims for any amounts that could reasonably have been avoided will be rejected). We understand that this process can cause concern. If you have any questions about the CPO, please feel free to contact Matthew Tucker of Burges Salmon LLP at matthew.tucker@burges-salmon.com or on 0117 902 2743.
Next steps
The Notice of Confirmation was published on 19 June 2025. This explains more about the CPO to affected parties. Those landowners, tenants and occupiers that are affected by the CPO will receive the CPO Notice of Confirmation and a full copy of the CPO as confirmed. They will need to return the included short form within 21 days.
Section 19 Open Space and Exchange Land
The Secretary of State has also issued a certificate under section 19 of the Acquisition of Land Act 1981 in relation to open space and exchange land which the Environment Agency is proposing to acquire to deliver the scheme.
Footpath Orders (Acquisition Extinguishment Orders)
The following Footpath Orders associated with the CPO have also been confirmed:
These Footpath Orders permanently divert a number of footpaths to enable the construction of the Oxford Flood Alleviation Scheme.
CONFIRMATION OF CPO
CPO/3 Confirmed Maps
CPO/7 Notice of Confirmation
FOOTPATH ORDERS (Acquisition Extinguishment Orders)
| F/1 | Planning Inspectorate decision covering letter |
| F/2 | Planning Inspectorate decision including plans |
| F/3 | Devils Backbone Order Sealed |
| F/4 | Devils Backbone Map |
| F/5 | Hinksey Causeway Order Sealed |
| F/6 | Hinksey Causeway Map |
| F/7 | South East of Weirs Mill Lane Order Sealed |
| F/8 | South East of Weirs Mill Lane Map |
| F/9 | South Hinksey Order Sealed |
| F/10 | South Hinksey Map |
| F/11 | Footpath Orders – Confirmation notices – 352-1 Devils Backbone |
| F/12 | Footpath Orders – Confirmation notices – 320-16 Hinksey Causeway |
| F/13 | Footpath Orders – Confirmation notices – 320-18 South East of Weirs Mill Lane |
| F/14 | Footpath Orders – Confirmation notices –352-3 South Hinksey to Abingdon Road |
[The CPO Inquiry and S19 Inquiry formally closed on Friday 26 January 2024.
All the documents relating to the Inquiry have now been removed from the website, but they are available upon request].
The final S19 Inquiry Documents List is S19 Inquiry Documents List 26 1 2024
The final Core Documents List is OFAS Core Documents List 23 11 23
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