Using CPO Powers in Development Projects; and Delivering Housing?
A Briefing for Acquiring Authorities
There is significant and sustained pressure on Local Authorities to use CPO powers. This programme will guide you through the pitfalls and complexities in land assembly projects.
|19 June 2018||Squire Patton Boggs, London|
Note: All prices are subject to VAT at the prevailing rate
CPT would like to thank Squire Patton Boggs for the use of their facilities.
Assembling land through Compulsory Purchase Orders (CPO) has traditionally been a tool used sparingly by local authorities as part of development and regeneration projects. However, with renewed political support the profile and use of CPO powers to facility such projects is on the rise.
CPO is a valuable and effective land assembly tool and successive governments have encouraged the use of CPOs in a range of sectors. The Autumn budget statement in November indicated proposed radical and refocused use of CPOs as part of the government’s plan to tackle housing supply shortages. The onus now appears increasingly on Local Authorities to use their CPO powers as part of delivering public projects where available.
The law relating to CPOs is complex and fraught for the inexperienced and occasional user. Recent developments in primary legislation and related guidance, together with new regulation governing best practice has brought significant change to the CPO landscape. The emphasis is firmly on early and effective engagement between acquiring authorities and those affected throughout the process. It is important that those involved in CPOs for acquiring authorities keep abreast of the latest legal developments and practice in this specialist and rapidly changing area.
Who should attend?
Land managers, surveyors, property managers, development and planning professionals, regeneration specialists and legal advisors.
- Richard Glover, Partner, Squire Patton Boggs (UK) LLP
- Greg Dickson BSc (Hons) MA MRTPI, Planning Director, Barton Willmore
- David Holland, Partner, National Compulsory Purchase & Compensation Team, Squire Patton Boggs (UK) LLP
- Bethany Reid, Associate, Squire Patton Boggs (UK) LLP
- Virginia Blackman, Director, Head of Compulsory Purchase, GVA
- Kim Grieveson, Director, Development Team, GVA
- Alexander Weatherall, Senior Associate, Squire Patton Boggs (UK) LLP
- Emma Bissett, Senior Associate, Squire Patton Boggs (UK) LLP
Context: The Planning and Economic Objectives
- The local plan
- Demands from central Government to bring forward land for housing
- Does the project have policy and political support?
- Obtaining resolutions
- Authorisation audit trail
- Delivering land for housing – the budget planning reforms
Tackling Compensation issues early - The importance of Engagement and establishing effective negotiation
- What is required by law, when must you engage?
- What is best practice?
- What is the developing protocol from the Compulsory Purchase Association?
- The consequences of not doing so. Could you be penalised by the UT?
- The duty of contractors and advisors to be part of the engagement process
Establishing Funding, Funding Constraints, Planning Considerations and Viability
- Funding Considerations:
- Financial considerations
- Sources of finance and the obligations likely to come with it
- Partners and joint venture partners
- Dealing with economic uncertainty
- What are financial and planning impediments?
- The relevance of the rules governing state aid to the authorisation of compulsory purchase
- Planning and legal considerations:
- Practicalities of taking land
- Structuring agreements in the shadow of a CPO
- Dealing with adverse rights under Section 203 of the 1990 Act
- Best and fair value
- Blight and early acquisition
- Minimising voids and the different forms of agreement possible with early acquisition
- Negotiation techniques and tactics -v- best and fair value conflicts
- Avoiding ransom
- Should someone who mitigates their tax liabilities be prevented from receiving due compensation?
- Getting the right brief from the acquiring authority
- Locating residential and commercial occupiers
- Land management
- Effective reporting
Dealing with Interests in Land and Making your CPO
- Responsibilities incumbent on acquiring authorities
- Dealing with freehold Interests
- Dealing with non freehold Interests
- Short tenancies
- Temporary possession
- Dealing with mortgagees
- Interests created after notice to treat
- Public rights of way issues
- Dealing with utilities
- Acquiring new rights
- Utilities – a power unto themselves?
- Powers to override easements
- Where no physical piece of land is being acquired
- Effect of acquiring ownership on rights affecting that land
- Blight, blight notices and discretionary compensation schemes
- Access to sites
- Corporate veil: corporate structures, ownership and tenancies
CPO Warrington case study