The Land Compensation Claims Protocol
As you will be aware, the CPA has for some time been developing a pre-reference Protocol, the Land Compensation Claims Protocol, as part of an aim to reduce costs and increase the speed when determining compensation.
During the summer we consulted members. The consultation provided positive feedback on the Protocol and as a result the CPA is now seeking the endorsement of the Protocol through its members by electronic vote.
The detail
- The final version of the Protocol being put for adoption can be found here.
- A report on issues raised during the consultation can be found here. -The report also sets out further details about the vote and CPA’s intentions following the vote.
- A tracked change version of the final Protocol against the version consulted on can be found here.
We have set out below some points of clarification as to the purpose of this ballot and the intended status of the Protocol. See also the report on issues raised linked above.
- The vote is a simple majority vote to determine if the CPA membership wishes to adopt the Protocol as best practice guidance.
- The CPA does not propose to sanction members that do not follow the Protocol. The Protocol is a statement of best practice for the guidance of members and non-members.
- CPA members should aim to meet the standards of the Protocol and be able to expect other members to do the same.
- We anticipate the Protocol becoming an objective best practice standard against which the conduct of the parties in compulsory purchase cases can be measured by professionals, clients and ultimately the Upper Tribunal.
- The Protocol is designed to sit alongside and complement the MHCLG guidance on compulsory purchase and the Crichel Down rules, the RICS Professional Statements Surveyors advising in respect of compulsory purchase and statutory compensation and Surveyors acting as expert witnesses and the Upper Tribunal Lands Chamber rules and practice directions.
- The Protocol will be reviewed by the CPA Board on an ongoing basis in consultation with stakeholders such as the Upper Tribunal, RICS, PEBA and CAAV and based on feedback from CPA members which can be sent to any Board member. The Board will consult with the CPA membership on any material changes to the Protocol to ensure the endorsement of members remains valid.