Promoting and enhancing best practice and technical expertise

The Management and Delivery of Effective CPOs

A Briefing for Acquiring Authorities

How does an acquiring authority justify, prepare, make and deliver a CPO? All you need to know and, in addition, understand and manage the compensation risks.

Start Date Venue Price  
12 December 2016 Squire Patton Boggs, London    

Note: All prices are to be paid in GBP and are subject to VAT at the prevailing rate

Event duration: Day Event, 6 hours CPD (Lunch included).
Registration from: 9.30. Event starts at: 9.55. Event finishes at: 17.00.

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In order to deliver regeneration, urban renewal, infrastructure and housing, land is required. For projects with a significant public benefit, compulsory purchase powers are available. CPO land assembly is the most effective tool available and a confirmed CPO is frequently a catalyst to negotiate.

Local Authorities are by far the primary users of CPO powers, but increasingly the emergence of joint venture agreements, with a private developer, provides an access to CPO powers. In both cases, it is essential the authority understands the CPO system and the responsibilities that come with it. They must also adhere to best and effective practice, otherwise, the CPO can fail and, in such instances, will result in substantial costs, delay and poor publicity.

Acquiring Authorities have experienced huge structural change and funding in the past eight years and skills have potentially been lost. CPO skills and processes are complex and there needs to be a fundamental understanding of the whole process. There is the need for a collaborative approach amongst the property, legal, planning and regeneration teams to deliver effectively the scheme in a timely and cost effective way. With a recognised need to understand and enter into meaningful and early dialog with claimants or a failure to do so is likely to slow down projects, increase conflict, intransigence, litigation; all of which increase costs.

The law, case law and best practice has evolved, and this programme will provide a valuable insight to what is best practice. 

This course is aimed at property professionals, planners, lawyers, and regeneration teams within acquiring authorities; whether they are project managers, key in-house staff or staff responsible for managing outsourced consultants who are delivering the CPO. 

There is particular value in authorities sending representatives from the various professions mentioned; collaboration, mutual understanding or the various roles and team working are needed to maximise the management of the CPO and to minimise risk.  

Speakers

Programme

Welcome and introduction

Keynote: The Government Priorities and support for local Government

Acquisition of land and rights: The source of the powers

  • Who has the power?
  • When can they be used?
  • When should they be used?
  • When the powers can’t or shouldn’t be used
  • Existing and new rights; interests in or over land

What is a Compelling Case in the Public Interest?

Making an effective Order that is robust against challenge

  • What is it?
  • Do I meet the criteria?
  • How do I enshrine it in my Order?
  • Avoiding pitfalls

Preparing the scheme – the Acquiring Authority Perspective – in Practice

  • Project identification
  • Justifying the project
  • Authorisation audit trail
  • Components
  • Temporary possession dilemmas

What are Financial and Planning Impediments?

  • Dealing with economic uncertainty
  • Alternative schemes
  • Funding the scheme
  • Reviewing planning criteria
  • Best fit
  • What are financial and planning impediments?
  • Implementation of CPO by notice to treat and by GVD
  • Practicalities of taking land

Panel session – Joining up theory and practice and throwing in the unexpected

What can we learn from previous CPOs?

  • The role of the National Casework Unit
  • How many, how successful & trends
  • An insight to how decisions are made – the process
  • What happens when the SoS disagrees with the Inspector?
  • Potential CPO reforms to the process

Dealing with the Inquiry process

  • Preparing and presenting your case - dos and don'ts in preparation for inquiry
  • Defending the order
  • High Court challenges and Judicial Review
  • Awards of costs – what is unreasonable behaviour?

Assessing and dealing with compensation risk

  • Compensation strategies & getting the best out of your consultants
  • Preparing an assessment, your budgets and accounting
  • Where compensations sums affect the viability of the scheme
  • Mitigation of risk through early engagement
  • How much can you do prior to exercising powers?
  • Minimising risk when exercising powers
  • Dealing with best and fair value
  • When to negotiate and when to refer to the Tribunal & role of sealed offers
  • Dealing with the informed claimant
  • Is it time for a radical change of approach?