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
Download and print the full course details here not available
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
- Alison Barker, Senior Solicitor, Birmingham City Council
- Richard Glover, Partner, Squire Patton Boggs (UK) LLP
- Dave Jones, Senior Planning Manager, DCLG National Planning Casework Unit
- Doug Lee, Development Planning Manager, Birmingham City Council
- Adrian Maher, Director, aspireCP
- Keith Murray, Principal, Keith Murray Consultants
- Robert Segall, Department for Communities and Local Government
- Michele Vas, Counsel, Dentons
- Alexander Weatherall, Senior Associate, Squire Patton Boggs (UK) LLP
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?