The Compulsory Purchase Association
What is the CPA?
News
CPA News - May 2010 click here for latest newsletter
Forthcoming Events
Member Consultation
Planning Assumptions Reform -Proposed Next Steps - A consultation paper for CPA members - Responses by 16th June 2010 please.
Reform of the statutory planning assumptions in the Land Compensation Act 1961 is at the top of the Association’s reform agenda.
The issues have been highlighted in cases such as Greenweb, Urban Edge and of course Spirerose. The post Spirerose decision of the LT in Thomas Newell v Lancaster takes seeks to take matters a step further. The reversal of the Lands Tribunal and Court of Appeal decisions in Spirerose by the House of Lords in July 2009 sought to fortify the current statutory regime. However the view we hold is that the case highlights that reform is more critical and urgent than ever.
In the light of recent developments the Committee wishes to now consult with members of the Association - click here. This paper sets out two options upon which we would like your views.
What you need to do
Following the Stakeholders Meeting the Committee considered the options for reform and it was resolved that members be consulted on the reform to be put forward by the Association. Barry Denyer Green and Colin Smith will be presenting a paper on the question of planning assumption reform at the National Conference on 16th June and members attending that event will have the opportunity to raise questions. The delegate pack will contain a response form that can be submitted on the day.
Members not able to attend the Conference are encouraged to comment and submit their responses via email to info@compulsorypurchaseassociation.org on or before 16th June.
PLEASE NOTE IT IS IMPORTANT THAT YOU EXPRESS A PREFERENCE FOR ONE OF THE OPTIONS OR STATE THAT YOU DO NOT SUPPORT ANY OF THEM. This will allow us to derive statistics for the relative levels of support for the options which will be useful in presentations to the Government. If you would also like to make further comments on one or more of the options, these will of course be welcomed.
Please identify yourself on your response in case we wish to discuss your comments further. No comments or responses will be attributed to individuals or organisations without their express consent.
Further Reading - A copy of a detailed paper on the matter of planning assumption reform by Barry Denyer Green is available on the CPA website at www.compulsorypurchaseassociation.org/issues/assumptions/assumptions.php along with the Law Commission report and the case reports on Spirerose from each court.
HS2 Consultation
HS2 Exceptional Hardship Scheme Consultation
The DfT have consulted on a voluntary scheme to address exceptional hardship caused by blight on the HS2 preferred route. Following consultation with its members, the CPA has responded accordingly and a copy of the Association's final response can be downloaded here.
The consultation papers can be found on the DfT website at http://www.dft.gov.uk/consultations/open/2010-18/