CPA Annual Law Reform Lecture 2018 - Compulsory Purchase Association

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The Compulsory Purchase Association invite you to attend
The CPA's Annual Law Reform Lecture 2018
Emerging Land Value Capture Schemes Using Compulsory Purchase At Restricted Value

Thursday 26 April 2018
CBRE, St Martin's Court, 10 Paternoster Row, London, EC4M 7HP
Registration from: 16.15. Event starts at: 16.45. Event finishes at: 18.45 Followed by a drinks reception


The UK domestic political focus is centred on the delivery of new homes and is seeking a more effective means of land value capture.

Proposals have emerged to promote compulsory purchase orders (CPOs) against developers and land promoters to acquire land where planning consent has been granted but not used, generally referred to as a ‘use it or lose it’ threat.
Elsewhere, proposals include the acquisition of land at existing use value, ignoring hope value and potentially even ignoring the value attributable to any existing planning consents.

Whilst such proposals may appeal to politicians, interest and lobby groups;
  • Does this represent sound planning policy?
  • Does it fit within, or undermine, the current CPO code?
  • Do the proposals really capture land value?   
  • Will such policies expedite housing delivery?
  • Where do such proposals fit in the context of Article 1 of Protocol 1 of the European Convention on Human Rights?

Richard Harwood OBE QC, a leading planning silk will give the lead paper in the 2018 law reform lecture and will address these issues.

Richard specialises in planning, environment and public law, acting for developers, landowners, central and local government, individuals and interest groups. Voted as one of the top ten Planning Silks in Planning magazine’s surveys, he has appeared in many of the leading cases of recent years.

This paper will be followed by a panel discussion to include views from the housebuilding sector and advocates for ‘use it or lose it’ powers. The panel will also consider alternative approaches to land value capture and other proposals focused on housing delivery.


16.15 - Registration
16.45 - Welcome and Introduction - Jonathan Stott, Managing Director, Gateley Hamer, and Vice Chair of The CPA
16.50 - Lead Paper by Richard Harwood OBE QC, 39 Essex Chambers

17.50 - Question, Answer and Panel Session
Richard Harwood OBE QC, 39 Essex Chambers
Paul Astbury, Director, Carter Jonas
Philip Barnes, FRTPI, FRICS, Group Land & Planning Director, Barratt Developments Plc

18.45 - Drinks and Canapés
20.00 - Close

Post Event Feedback

  • Almost 100 professionals who operate within the compulsory purchase arena (including surveyors, lawyers, barristers, and accountants) attended the CPA's annual law reform lecture on 26th April 2018.  Whilst there was debate as to different options for land value capture, when asked there was no support amongst the attendees for value to be capture by changes to assessment of compulsory purchase compensation.

  • Concerns were raised that paying existing use value, rather than market value under the current system, for land or property could impact the chance of a compulsory purchase order being confirmed given the human rights implications.

  • The existing use value, rather than market value, approach to compensation is likely to stimulate greater objection to compulsory purchase.  This would result in greater risk to project delivery, delays, and the possibility that some schemes would simply not be brought forward.  This would have the opposite effect to what the government is trying to achieve in bringing more land forward for development.

  • You can view the Land Value Capture Paper and Summary below. Both written and produced by Richard Harwood OBE QC:
    • Land Value Capture: Final Paper - click here to view
    • Land Value Capture: Final Summary - click here to view

The CPA is grateful to CBRE for providing the venue for this event

The CPA is grateful to Burges Salmon for supporting this event

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