Why You Should Attend
Recall, revisit and review a year which many practitioners believe has seen compulsory purchase move backwards rather than forwards!
From the fallout from Roanne, which has confused, muddled and, in some instances, stopped development in its tracks to Spirerose, which has papered over the cracks of a discredited system for assessing compensation, - hear what the experts have to say on what are the practical ways forward in order to avoid the many pitfalls the CPO regime presents for the unwary.
Key benefits
This conference seeks to consider compulsory purchase in the current market and brief practitioners who undertake, or are advising clients on the complexities of CPO matters. Commentaries will be made in a practical manner, always promoting best and effective practice.
Who Should Attend?
Planners, lawyers, surveyors, developers and their agents, regeneration teams; whether local government or private practice.
Programme:
Welcome and Introduction from Conference Chairman
The role for CPO in the current economic climate
- What’s happening in the current market?
- The housing imperative and the role of CPO
- Energy & Transport Infrastructure
- Impact of falling property values
- Funding
- Who can deliver regeneration in the current climate?
The Routes to Powers
- Compulsory Purchase Orders
- Transport & Works Act Orders
- Special Acts
- Development Consent Orders
The Threat of a CPO
- The new circular on Abortive Costs
- Disturbance prior to notice to treat
- The duty to mitigate losses
- Blight arising from delayed and failed schemes
- Blight arising from no acquisition
The process of CPO - a short overview of the main issues
- Forming the scheme
- Talking to affected parties
- Funding and early acquisitions
- Authority for use of CPO powers
- The objection and inquiry process
- Confirmation and challenge
- Notices to treat/enter or GVD?
- Possession and Compensation
Disturbance Compensation for Short Tenancies and Lesser Interests
- Scope of s20
- Landlord & Tenant Act 1954
- Valuation approaches to Bishopsgate
- Scope of s37
- Qualifying criteria
- Discretionary payments
Scheduling Challenges
- Unknown or undiscovered owners
- Changed owners and new interests
- Mortgagees
- Easements and covenants
- Crown Land
- Village greens and common land
The Future after Spirerose
- Has the House of Lords decision returned CPO case law back to the late 1990s?
- Are Waters and Pointe Gourde now irrelevant?
- The continuing need for Planning assumption reform
- Impact of s9
Competing schemes
- Developer selection processes
- Procurement and state aid
- Challenge by a disappointed bidder
- Merits of alternatives schemes - as an objection to a CPO
- Overlapping schemes
- What impact from Auroux v Roanne?
- Government Guidance, Oct 09
Injurious Affection claims where land is taken
- Scope of claim
- Measure of compensation
- Development Value
- Tunnels and other underground rights
- Remedying the shortfall
Case Law Update
Speakers include:
Colin Smith, FRICS IRRV, Senior Director, CB Richard Ellis Emrys Parry, Solicitor, Partner, Bond Pearce LLPPaul Astbury, BSc (Hons) MRICS, CPA Chairman and Head of Compulsory Purchase, G L HearnRichard Guyatt, Solicitor, Partner, Bond Pearce LLPNigel Laing, MSc FRICS IRRV ACIArb, Partner, Compulsory Purchase & Compensation, GVA Grimley LtdTony Chase, FRICS, Partner, Head of Compensation, Gerald Eve LLP