Best Practice in Compulsory Purchase and Compensation
What Is Emerging Best Practice and Why Should You Provide It?
The RICS Professional
Statement, the CAAV’s Compensation Claims guide, the CPA’s draft Land
Compensation Claims Protocol,
developments in early engagement, ADR, case law and the procedures of the Upper
Tribunal are transforming the landscape in how practitioners, whether advising
claimants or, acquiring authorities, undertake their work. Hear what is current and emerging best
practice by attending this crucial event.
|7 November 2018||Cedar Court Hotel, Wakefield|
|15 November 2018||Holiday Inn M5, Taunton|
|29 November 2018||Carter Jonas LLP, London|
|5 December 2018||The Park Royal Hotel, Warrington|
|11 December 2018||The Regency Hotel, Solihull|
Note: All prices are subject to VAT at the prevailing rate
Purchase activity is being promoted as a core ingredient for bringing forward
land for development, whether for regeneration, infrastructure or housing
projects. Government and the CPO
profession have been pursuing a clearer, fairer, faster system of compulsory
purchase to deliver land for development more efficiently.
Compulsory Purchase activity is being promoted as a core ingredient for bringing forward land for development, whether for regeneration, infrastructure or housing projects. Government and the CPO profession have been pursuing a clearer, fairer, faster system of compulsory purchase to deliver land for development more efficiently.
This has led to a substantial body of legislative reforms affecting compulsory purchase since 2011. At the same time, the landscape is changing and there is an increasing focus on updating behaviours and attitudes to reduce conflict and delay. The impact on those affected by schemes when determining the balance of a 'compelling case in the public interest' has grown in importance and expectations for engagement and negotiation practices are evolving.
Compulsory purchase and compensation practice is evolving rapidly and practitioners are expected to stay abreast of what represents effective and best practice. Failure to do so could jeopardise a client’s position, whether claimant or acquiring authority, increasing the risk of unnecessary legal challenges, delays and increased costs.
Staying up to date with revised standards, expectations and trends is essential in promoting and objecting to compulsory purchase powers effectively and settling compensation successfully.
This is a comprehensive programme reviewing the existing and emerging processes and expectations within CPO and compensation work.
This afternoon event will appeal to solicitors, planners, developers and their agents, claimants, lobby groups and objectors, as well as regulatory authorities and public bodies
- Kate Russell BSc (Hons) MRICS FAAV, Technical and Policy Adviser, Central Association of Agricultural Valuers
- Paul Astbury BSc (Hons) FRICS, Partner, Head of Compulsory Purchase, Carter Jonas LLP
- David Holland, Partner, National Compulsory Purchase & Compensation Team, Squire Patton Boggs (UK) LLP
- Alasdair Lowe, Associate, Compulsory Purchase and Compensation, Cushman & Wakefield
- Simon Cook BSc (Hons) MRICS, Director, Roger Hannah & Co
- Alexander Weatherall, Senior Associate, Squire Patton Boggs (UK) LLP
Please Note: Alasdair Lowe will be speaking on the 29th November (London) and on the 11th December (Solihull), Simon Cook will be taking his place and speaking on the 5th December (Warrington). Alexander Weatherall will be speaking on 29th November (London) only.
Introduction - The Consequences of Failing to Embrace Best Practice
- To claimants, acquiring authorities, and professional advisors
- Impact on claimants
- Professional responsibilities imposed by your profession
- Are there any requirements on those without professional affiliation?
- Your professional duties -v- demands of clients
- Your professional duties -v- demands by your AA employment and service contract
- Responsibility to the Court/Tribunal
Overview: The Catalysts for Change and How it is Evolving
- RICS Professional Statement
- CAAV’s Compensation claims guide
- The CPA’s Land Compensation Claims Protocol
- The march of Mediation and ADR
- MoJ policies
- UT rules & practice directions
- MHCLG guidance
- Primary legislation
- Case law
- What is and what isn’t a Red Book valuation
- Does the Red Book apply to CPO valuations?
- Delving into PS1 and PS2; and reviewing VPS 1-5
- RICS CPO PS and claim levels
Duties for those Promoting a CPO
- MHCLG guidance
- Using the right powers
- Aylesbury CPO decisions - what can we learn from this?
- Other CPO decisions - a review and commentary of key decisions
Requirements on Acquiring Authorities Pre Inquiry
- Engagement - what and when?
- Making first contact - the critical steps
- Incentives: a double edged sword
- Making offers: get it right first time
- Is “not before date” any value to a claimant?
- Tips and traps
- Avoiding legal challenge
Requirements on Acquiring Authorities - Implementing the Powers
- Relocation Strategies
- Actions post confirmation prior to taking possession
- Mitigation and minimising extinguishment claims
- Possession practicalities
- Advance payments
- Interest payments
- Building Relationships
Requirements on Claimants and their Advisors
- The RICS Professional Statement
- CAAV Compensation Claims Guide
- The Draft CPA Land Compensation Claims Protocol
- Provision of information
- Claims Form
- Advance Payment and Section 52 Requests
- Engage and communicate
- Manage the claimant's expectations
- Building relationships
- The current regime within the Planning Act 2008 and Transport and Works Act 1992
- The catch all for promoters?
- Where is best practice currently?
- All change: post implementation of enabling Regulations from the Housing and Planning Act 2016
‘The Telecoms Code’ - Electronic Communications Code
- A summary and background of the changes in the law
- A commentary of what’s happening in the market
- What’s best practice?
The Emergence of Alternative Dispute Resolution in CPO disputes
- Overview of ADR options available
- Pros and cons of different forms of ADR
- Cracking the myths:
- What can and can’t be achieved through ADR?
- Do parties have to follow ADR?
- What are the expectations of the Tribunal?
- Are there consequences of not pursuing ADR?
- Practical guidance on following ADR
- Case study on mediation in a CPO context
Fees and Costs
- How to set up fee arrangements with clients
- Good housekeeping
- Can acquiring authorities impose limits on hourly rates
- What is recoverable
- Costs in ADR
- Costs in the Tribunal and sealed offers
- The hard truth, you could win at UT but loose on costs
- The impact of Meredith v Kings Lynn (where a pre-reference offer was accepted as the equivalent of a sealed offer even though it had been withdrawn) and Bishops v TfL (where the AA was awarded 80% of its pre-sealed offer costs)
Changes on the Horizon
- Single joint expert valuations
- RICS adopted method of ADR?
- Use of the Lower Tribunal (Lands Chamber) for smaller of less complex compensation cases?