4. Objecting to a Vesting Application: What You Need to Know

An overview for objectors

A Vesting Application allows a public body that holds a legal licence to apply to compulsorily acquire private land, but only for the specific purpose permitted by that licence.

Vesting is in effect a measure of last resort. It is considered where reasonable efforts to secure the land or the necessary rights by voluntary agreement with landowners and others with interests in the land have not been successful.

When a Vesting Application is made, the applicant must:

• publicise the application in local newspapers;
• identify and notify those who hold legal interests in the land (“Estate Holders”); and
• give them a fixed period of one calendar month to submit objections.

The vesting process recognises that applicants often have professional advice and resources. It balances this by giving Estate Holders clear rights to object and to have those objections properly considered.

Importantly, decisions on Vesting Orders are not based solely on the applicant’s case. They are driven by the objections raised by Estate Holders and how those objections are addressed.

Who can object to a Vesting Application?

Only people or bodies with a legal interest in the land (known as Estate Holders) can raise a valid objection.

Estate Holders typically include:

Type of interest	Right to be notified	Right to object	Right to compensation
Freehold ownership	Yes	Yes	Yes
Leasehold interests	Yes	Yes	Yes
Easements and rights of way	Yes	Yes	Yes
Profits à prendre	Yes	Yes	Yes
Restrictive covenants	Yes	Yes	Yes
Mortgages and charges	Yes	Yes	Yes
Public utility rights	Yes	Yes	Yes
Crown interests	Yes	Yes	Yes

Other, less common interests may also qualify. If you are unsure whether you hold an interest in the land, you may wish to seek independent legal advice.

What makes an objection “merited”?

Not every objection is treated the same. For an objection to be merited, it must meet all of the following criteria:

1. Submitted by an Estate Holder

You must hold a legal interest in the land affected. Members of the public without such an interest cannot make a merited objection.

2. Based on relevant grounds

A merited objection may relate to:

• Procedure – for example, if you were not properly notified;
• Necessity – if the applicant cannot show that vesting the land is required for a genuine public purpose;
• Proportionality – if the impact is excessive or the same outcome could be achieved by less intrusive means;
• Alternatives – if reasonable alternatives were not adequately considered;
• Impact on rights or livelihood – if the vesting would unreasonably affect your home, business, access or rights.

An objection may rely on one or more of these grounds.

3. Supported by evidence

Your objection should be based on facts and supported by documents or reasoning where possible.

4. Submitted on time

Objections must be submitted within one calendar month of the last date of newspaper publication of the Vesting Application.

What does not count as a merited objection?

• Objections solely about the amount of compensation are not dealt with through the vesting process. These are handled separately, usually by the Lands Tribunal.
• Concerns about injurious effects on neighbouring land caused by works are also dealt with separately and are not considered at a Vesting Enquiry.

What happens if there is a merited objection?

If merited objections are received and cannot be settled, the Department will arrange a Vesting Enquiry.

Vesting Enquiries explained

A Vesting Enquiry is a local hearing, held at an accessible venue close to the land concerned.

At the enquiry:

• Estate Holders may attend in person or be represented;
• objections must be set out in writing (building on, but not extending beyond, the original objection);
• objectors may speak on the issues raised; and
• witnesses may be questioned by the applicant, other objectors, and the Inspector.

The enquiry is conducted by a Vesting Inspector, an independent and suitably qualified person appointed by the Department.

To ensure fairness and efficiency, the Inspector may:

• hold a pre‑enquiry meeting;
• visit the land;
• request further information; and
• set ground rules for evidence, questioning and conduct.

What happens after the enquiry?

After the enquiry, the Vesting Inspector prepares a report that:

• summarises the objections;
• considers the applicant’s responses;
• makes findings; and
• recommends whether the Vesting Order should be made, modified or refused.

The Department must consider this report before making its decision.

Key points for objectors

• Only people with a legal interest in the land can make a merited objection.
• Objections must follow the process and timescales set out in the notices.
• Merited objections can challenge:
  • how the application was handled; or
  • whether vesting the land is justified at all.
• The outcome of a Vesting Enquiry depends on:
  • the strength of the objections raised; and
  • how the applicant responds to them.