The CPA Scotland Law Reform Debate 2018

The UK domestic political focus is centred on the delivery of new homes and is seeking a more effective means of land value capture.

Proposals have emerged to promote compulsory purchase orders (CPOs) against developers and land owners to acquire land where planning consent has been granted, but not yet used, generally referred to as a ‘use it or lose it’ threat. 

Elsewhere, proposals include the acquisition of land at existing use value, ignoring any hope value and potentially even ignoring the value attributable to any existing planning consents. 

Whilst these proposals have emanated from England, they have gained significant traction in Scotland.  They are appealing to certain politicians, interest and lobby groups, but do they represent sound public and planning policy?  Equally, are they consistent with the current CPO and Compensation Codes? But;

• Will the proposals really capture land value?   
• Should there be an artificial constraint on the amount of compensation due to an affected land-owner when the basis is open market value?  
• Will such policies expedite housing delivery?
• And where do such proposals fit in the context of Article 1 of Protocol 1 of the European Convention on Human Rights?

Colin Cottage, a leading CPO practitioner, the immediate past chairman of the CPA, current Chairman of the CPA Reform group and author of the CPA’s paper for the UK Parliamentary select committee will give the lead paper in this law reform debate and will address these and other issues.

This paper will be followed by a panel discussion which will  include a wide range of views from the housebuilding sector and advocates for the ‘use it or lose it’ powers.  The panel will also consider alternative approaches to land value capture and other proposals focused on successful and effective new housing delivery. Panel members include David Morgan (Area Land Director, Miller Homes), Sarah Jane Laing (Executive Director, Scottish Land and Estates), Nicola Barclay, (Chief Executive, Homes for Scotland); and others.  The debate will be chaired by Christine O’Neill,  Chairman of Brodies LLP and a recognised expert on public and constitutional law issues in Scotland who will provide a brief overview of the legal limit, including human rights limits, on making new laws by the Scottish Parliament in the area of compulsory purchase.

 The panel has been purposefully invited, so that a broad range of views on these hot and topical issues can be properly debated.

The Law Reform Debate is open to members and non-members alike.