Promoting and enhancing best practice and technical expertise

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?  

Start Date Venue Price  
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

Event duration: Evening Event (2 Hours CPD).
Registration from: 16.15. Event starts at: 16.45. Event finishes at: 18.50. Followed by a Drinks Reception until 20.15.

    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.  

Speakers

Programme

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