The CPA's Annual Law Reform Lecture 2020
The Challenging Issue of Temporary Possession of Land
The Compulsory Purchase Association invite you to attend this evening event. Temporary Possession may not be new, but the Neighbourhood Planning Act 2017 sought to bring forward reform of the powers to codify the powers and giving substantial new protection to affected owners and occupiers. Brexit may have distracted, but a new strong government will now have the time and confidence to complete the reform. What are the challenges, and how might such reform balance the needs of promoters with those of owners and occupiers?
|13 May 2020||Eversheds Sutherland LLP, London||£75||BOOK|
Note: All prices are to be paid in GBP and are subject to VAT at the prevailing rate
We would like to thank Eversheds Sutherland LLP for the use of their facilities.
Powers to temporarily occupy land have long been available to promoters of Local and Hybrid Acts of Parliament, Transport and Works Act Orders and Development Consent Orders. The Neighbourhood Planning Act 2017 provided the possibility for promoters of Compulsory Purchase Orders to secure temporary possession powers alongside permanent acquisition powers. At the same time, the Act sought to codify the use of temporary possession powers giving substantial new protection to affected owners and occupiers. Nearly three years later, the relevant provisions of the 2017 Act have not been brought into force with the complexity of the necessary subsidiary legislation proving challenging for a Government focused on Brexit. With a new Government in place and the debate on the principle of Brexit apparently over, The CPA needs to use its influence to ensure that the reforms are secured and that the new regime is proportionate and balanced.
The 2017 Act proposes:
- Availability of temporary possession powers as part of a CPO or by a separate authorising instrument
- A minimum of three months’ notice to land owners and occupiers
- An end to the open ended nature of temporary possession – the notice must specify when the land will be handed back
- A counter-notice procedure allowing the owner-occupiers of the land to oblige the authority to either limit temporary possession to 6 years (or 1 year for residential property), take the land permanently or not use temporary possession powers at all
- Protection for tenants to ensure they are not held to be in breach of lease terms in consequence of the temporary possession
- Provision for advance payments of compensation
Attend the annual Law Reform Lecture, where experts will focus on the hurdles and pitfalls that must be overcome to bring the legislation forward.
- Richard Asher FRICS, Director - Compulsory Purchase, Savills (UK) Ltd
- Raj Gupta BA (Hons) CPE, Partner, Town Legal LLP
- Vicky Fowler, Partner, Gowling WLG (UK) LLP
- Virginia Blackman, Director, Head of Compulsory Purchase, Avison Young
- Paul Astbury BSc (Hons) FRICS, Partner, Head of Compulsory Purchase, Carter Jonas LLP
- Michelle Moss, Partner, Eversheds Sutherland
- Alison Oldfield, Partner, Eversheds Sutherland
16.15 - Registration
16.45 - Welcome and introduction - Richard Asher
16.50 - Paper from the perspective of land owners and occupiers by Raj Gupta
17.20 - Paper from the perspective of promoters by Vicky Fowler
17.50 - Panel debate with questions from the Chair and audience
18.50 - Drinks and Canapes
20.15 - Event close