The CPA's Annual Law Reform Lecture 2022

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On Demand:
The CPA's Annual Law Reform Lecture 2022

Date of Recorded Event: Thursday 3 February 2022
CPD Hours: 2 Hours
Module Duration: 2 Hours 5 Minutes
Price: 50 + VAT
The DLUHC publication “Guidance on Compulsory purchase process and The Crichel Down Rules” recognises the role that Compulsory purchase powers are an important tool to use as a means of assembling the land needed to help deliver social, environmental and economic change.

It also recognises the seriousness of forcibly dispossessing an individual or entity of a property interest that is lawfully theirs.

There is clear guidance to the effect that those proposing to use compulsory purchase powers should seek to engage with all affected parties.  In so saying DLUHC recognises that talking to landowners
  • Will assist the acquiring authority to understand more about the land it seeks to acquire and any physical or legal impediments to development that may exist.
  • May help in identifying what measures can be taken to mitigate the effects of the scheme on landowners and neighbours, thereby reducing the cost of a scheme.
  • Has the potential to help build relationships and remove mistrust
  • Drive appropriate behaviours and reduce (the increasing) discord

Acquiring authorities are expected to provide evidence that meaningful attempts at negotiation have been pursued (or at least genuinely attempted).

In all instances those promoting the use of powers and those affected by such proposals are encouraged to engage suitably qualified professionals to represent them.

Whilst the majority of advisers are retained on a time spent basis there is often disagreement as to
  1. When/if a fee undertaking should be given;
  2. What form an undertaking should be; and
  3. Charge out rates, noting that presently there appears to be an increasing divergence between the rates charged by those advising acquiring authorities (often subject to a competitive tendering exercise) and those charged by advisers to claimants

Henry Church, CBRE; CPA Chair
Adrian Maher, AspireCP
Colin Smith, CBRE
Michael Eckett, HS2 Ltd
Rebecca Collins, CAAV

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