The Challenging Issue of Temporary Possession of Land
The CPA's Annual Law Reform Lecture 2020
Due to COVID-19 this event will now be run virtually. Please note amended timings and pricing.
Bookings will close at 17:00 on Tuesday 5 May.
Date: 13th May 2020
Location: Virtual meeting
Timings: Registration from: 15.55. Event starts at: 16.00. Event finishes at: 17.45Fee: Members - Free to members - Use discount code given in email.
Non-members £40.00 + VAT.
(The reform lecture is usually a charged event, but given the postponement of the national conference and the curtailment of CPA events, its been agreed members should be able to attend this event free of charge).
The Law Reform Lecture is open to members and non-members alike.
Temporary Possession may not be new, but the Neighbourhood Planning Act 2017 sought to bring forward reform of the powers to codify the powers and giving substantial new protection to affected owners and occupiers. Brexit may have distracted, but a new strong government will now have the time and confidence to complete the reform. But what are the challenges, and how might such reform balance the needs of promoters with those of owners and occupiers?
Powers to temporarily occupy land have long been available to promoters of Local and Hybrid Acts of Parliament, Transport and Works Act Orders and Development Consent Orders. The Neighbourhood Planning Act 2017 provided the possibility for promoters of Compulsory Purchase Orders to secure temporary possession powers alongside permanent acquisition powers. At the same time, the Act sought to codify the use of temporary possession powers giving substantial new protection to affected owners and occupiers. Nearly three years later, the relevant provisions of the 2017 Act have not been brought into force with the complexity of the necessary subsidiary legislation proving challenging for a Government focussed on Brexit. With a new Government in place and the debate on the principle of Brexit apparently over the CPA is considering how best it can use its influence to support the timely introduction of the reforms and seek to ensure that the new regime is proportionate and balanced.
The 2017 Act proposes:
- Availability of temporary possession powers as part of a CPO or by a separate authorising instrument
- A minimum of three months’ notice to land owners and occupiers
- An end to the open ended nature of temporary possession – the notice must specify when the land will be handed back
- A counter-notice procedure allowing the owner-occupiers of the land to oblige the authority to either limit temporary possession to 6 years (or 1 year for residential property), take the land permanently or not use temporary possession powers at all
- Protection for tenants to ensure they are not held to be in breach of lease terms in consequence of the temporary possession
- Provision for advance payments of compensation
The Compulsory Purchase Association invite you to join this annual Law Reform Lecture - now being presented online - where experts will focus on the hurdles that must be overcome if a workable scheme is to be brought forward, for the benefit of both acquiring authorities and those affected alike.
15.55 – Registration
16.00 - Welcome and Introduction – Richard Asher, Savills; CPA Vice Chair
16.05 – The Challenges of Temporary Possession Reform
- The perspective of land owners and occupiers - Raj Gupta, Partner, Town Legal
- The perspective of promoters - Vicky Fowler, Partner, Gowling
16.45 – Panel Debate with Questions from the Chair and from the Audience
- Virginia Blackman, Principal, Avison Young
- Paul Astbury, Partner, Carter Jonas
- Michelle Moss, Partner, Eversheds Sutherland
- Alison Oldfield, Partner, Eversheds Sutherland
To view the full programme, click here.