Compulsory Purchase in 2018: Policy, Process and Practice

This briefing will examine the future of the compulsory purchase process in Scotland, focusing on latest policy, developments and practice.

Next steps for compulsory purchase in Scotland

The Scottish Government's Programme for Government 2017-18 commits to modernising Compulsory Purchase Orders (CPOs) with new legislation and guidance due.

CPOs are an ancient but relatively unused legal function in Scotland which allow public sector organisations and infrastructure providers to acquire land without the owner's permission, if there is a strong enough public interest.

Could an increase in use of CPOs help deliver land and enable national and local priorities, such as: regeneration, housing supply and improved infrastructure?

Attend this timely Holyrood briefing for an up-to-date brief on compulsory purchase policy, guidance and practice.

Key issues we’ll examine with you

  • Guidance on latest Compulsory Purchase policy, developments, priorities
  • The potential of compulsory purchase powers for land assembly and development
  • Good practice in preparing, making and implementing a CPO
  • Learning from the experience of compulsory purchase so far

Who will benefit from attending?

The event will be of benefit to anyone with an interest in compulsory purchase orders and land development. Attendees will be drawn from areas, including: planning; regeneration, housing, infrastructure and utilities; elected office; developers; surveyors; solicitors & land owners

Agenda*

09:15 Registration and Refreshments

10:00 Welcome and Introduction by the Chair

Jennifer Trueland, Journalist

10:05 Session 1: Update and Overview on Compulsory Purchase

  • Up-to-date brief on the latest policy developments, priorities and guidance for CPOs
  • The potential of compulsory purchase powers for land assembly and development
  • CPOs role in delivering value on public projects
  • Legal guidance and latest case law
  • Alternatives to compulsory purchase when managing land

Sam Anderson, Senior Policy Manager: Compulsory Purchase Orders, Scottish Government​

Mark McMurray, Senior Associate, CMS Cameron McKenna Nabarro Olswang LLP  

10:55 Questions and Discussion

11:25 Refreshments and Networking

11:50 Session 2: Implementing a Compulsory Purchase Order – Process, Guidance and Procedure

Session 2, lead by Odell Milne, deals with the main aspects of implementing a draft CPO from the perspective of an acquiring authority- to ensure that it abides by the relevant legislation and thus can robustly defend its proposed public work and withstand scrutiny from all objectors, The Scottish Ministers and, if needs be, the courts. In addition, consideration will be given (by Archie Rintoul and Keith Petrie) to need for (a) early engagement with all  parties (especially those who will be directly and adversely affected by the scheme) and (b) good and effective communication between all the stakeholders. Further, consideration will be given to the requirement for the acquiring authority to give careful investigation into properly and accurately estimating the whole cost of the scheme- which would include not just the actual construction costs, but also professional fees as well as the likely financial compensation settlements.

Led by Odell Milne, Chair, Compulsory Purchase Association Scotland, and Partner, Brodies LLP​

Keith Petrie, Head of the RICS Scotland Compulsory Purchase and Compensation Forum, and Vice-chair of the Scottish branch of the Compulsory Purchase Association.​

Archie Rintoul, former Chief Valuer Scotland, and former Chairman​​, RICS Scotland 

12:30 Questions and Discussion

12:50 Lunch and Networking

13:35 Session 3: Case Study Seminar - Learning From The Experience of Compulsory Purchase So Far

Session 3 follows on from Session 2 as we use three actual case studies to flesh out what has been presented in Session 2 - including some aspects of the Borders Railway scheme, the Aberdeen Western Peripheral Route and the re-development/re-generation of Stenhousemuir town centre which involved a private sector, third party developer.

Odell Milne, Chair, Compulsory Purchase Association Scotland, and Partner, Brodies LLP​

Keith Petrie, Head of the RICS Scotland Compulsory Purchase and Compensation Forum, and Vice-chair of the Scottish branch of the Compulsory Purchase Association.​

Archie Rintoul, former Chief Valuer Scotland, and former Chairman​​, RICS Scotland 

14:15 Questions and Discussion

14:35 Summary by the Chair

14:40 Close of Event

*Agenda subject to change

Venue

NASUWT, 35 Young Street N. Ln, Edinburgh EH2 4JD | Map

Costs

Delegate rates (excluding VAT):

  • Discounted rate: 1 place £145 + VAT (Voluntary / charitable organisations with an annual income of less than £1m)
  • Reduced rate: 1 place £245 + VAT | 2+ places £195 + VAT (Central government departments and agencies, local authorities, universities, colleges, NHS, police, professional associations and voluntary / charitable organisations with an annual income over £1m)
  • Full rate: 1 place £295 + VAT | 2+ places £245 + VAT (Commercial organisations e.g. plc, Ltd, LLP)

For more information please email enquiries@holyrood.com or phone 0131 285 1635

Dates
26 April 2018

Tags

Categories

Share this page