Acquisitions Strategy and Compulsory Purchase
Most public sector regeneration schemes include at least some land which is not in public ownership. We provide advice on the need and nature of acquisitions required to achieve development aspirations. In the first instance we will consider whether the public sector needs to own and control all of the land. In some instances strategic acquisitions may be all that is required, especially if these are secured before masterplans and proposals become common knowledge. Ownership of key gateways or specific frontages may secure the level of influence necessary to develop a scheme in partnership with a private sector investor or developer. It should never be the presumption that the public sector must own land as it is the outcome required not the method of delivery which is important. This is even truer in the current financial climate where funding is generally not available for the public sector to acquire, pump prime and then offer a scheme to the market.
There will still however be a need for CPO for some schemes and indeed to support private sector developers when joint ventures or development agreements are in place to ensure they can assemble the whole site if negotiations by agreement fail.
It is critical therefore that the requirements of a successful CPO are in contemplation from inception of any scheme in order maximise the prospects of successfully making any order if this ultimately required to secure all relevant interests in the site.
Our advice on these matters includes the wider strategic work needed to successfully promote a CPO. This involves working in tandem with legal advisors throughout the CPO process ensuring the requirements for success in terms of planning, making the case for the public benefit, proving viability and ability to deliver are properly programmed, professionally managed and in place at the key times required in the critical path. It is important that the necessary preparatory work is undertaken in tandem with the evolving planning strategy. Sanderson Weatherall understands the sensitive nature of regeneration and can assist in the preparation of relevant committee reports to seek the necessary internal authorisation to the making of a CPO. We can manage or assist the process of preparing the statement of reasons, statement of case, proofs of evidence and attendance at Public Inquiry as expert witness. We can also provide advice to the acquiring authority on timing, review and responding to any objectors to the order.
In addition we are also specialists in negotiating the level of compensation to secure acquisitions under a deemed or actual CPO and providing formal valuations for audit purposes. We can provide budget advice on the likely cost of acquiring any third party interests in accordance with the Compulsory Purchase Code and provide a rolling review of this budget throughout the process. Once funding streams have been identified, we can negotiate the acquisitions and relocation costs with the claimants including the handling of section 17 Certificates (Certificates of Alternative Development) and, if required prepare evidence for and attend Lands Tribunal.
Once the Compulsory Purchase Order has been confirmed, and the third party interests either relocated or extinguished, there is often a need to monitor the development ensuring that the scheme is developed out as agreed. Sanderson Weatherall can monitor the development ensuring that the scheme that is being constructed accords, not only with planning permission but also the legal agreement.