The CPA's Annual Law Reform Lecture 2017
Law and Practice Reform; The Continuing Agenda; Meeting the Challenges
In accordance with the CPA’s championing of reforms and its role as an important consultee on topical proposals in its area of expertise, it holds an annual Compulsory Purchase Association's Law Reform Lecture for discussion of relevant areas of interest.
|9 May 2017||Gowling WLG (UK) LLP, London|
Note: All prices are subject to VAT at the prevailing rate
CPA would like to thank Gowling WLG (UK) LLP for the use of their facilities.
The Law Reform lecture is open to CPA members and non-
The event will be chaired by Vicky Fowler, who will manage the proceedings.
The formalities will conclude with drinks and canapés.
"We recognise that there is an appetite out there for a more comprehensive reform of CPO law, but our view was that at this point in time, when there is not a clear consensus about what form that comprehensive reform would take…over time let's see whether we can build a consensus about more radical reform."
Gavin Barwell, Minister for Housing and Planning, DCLG Parliamentary select committee 18 October 2016
Compulsory purchase is becoming increasingly adversarial. A culture has developed between acquiring authorities and claimant advisors in which there is a lack of constructive engagement. Positions are increasingly polarised; conflict increases and timescales grow, all of which is leading to an increase in cost to the public purse and disruption and delay to affected owners and occupiers. The problem is exacerbated by an unprecedented rise in the volume of new major CPO projects, which has thinly spread the experienced resources and increased the prospect of pockets of poor advice and greater conflict.
In the past 12 months the CPA has been working up a macro reform proposal which seeks to deliver solutions to these problems. It aims to refocus the approach to compulsory purchase before and after the grant of powers and instigate a cultural change. The paper is maturing and it is now time to consult the CPA membership and the wider CPO community to introduce and receive comment on the themes and issues raised.
The context and catalysts for change –The need for and nature of further Reform
Reform to Engagement – Improving and Aligning Engagement - the provision of info, the need to acquire, pre-powers, early payment of fees
- Purpose of engagement – is blanket early acquisition realistic/beneficial to either party in all circumstances?
- Is there a better target for pre-CPO engagement that aligns parties and more likely to lead to genuine engagement?
- Guidance to be amended to fit with reality
- Practical measures to support a change in engagement
- Need for a realistic Land acquisition Strategy at the outset of the scheme
- Fee policies – upfront undertakings to enable dialogue limitation to quantum not hourly rates
Reforms to the Exercise of Powers and Compensation Negotiations - independent valuations for Rule 2
- Conduct - The RICS Professional Statement
- Independent valuations for Rule 2
- Separation of valuation role from acquisition negotiation
- Payment to be made before land is taken
- Revision of claim form to provide relevant and effective information
Reforms to Dispute Resolution - UT pre reference protocol and pre-action powers
- UT is the final resolution, is all or nothing and is too far removed from negotiation; and is too expensive and takes too long
- Motivating engagement on compensation earlier - Pre-reference protocol for UT vs Guidance
- Better access to and understanding of ADR throughout the process
- RICS (with input from CPA) to include CPO/Compensation within its Dispute Resolution referral procedures ?
Question and Answer Session