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Paul D Warner, Solicitor
Public Sector Residential Land Disposal and Development Public Sector Residential Land Disposal and Development EventEvent2323rdrd June 2009 June 2009
Legal constraints
Imposing development conditions
Site assembly and Compulsory Purchase
Deferred payment of price
Joint ventures
Procurement rules ◦ Auroux v. Commune de Roanne (ECJ 18 January
2007)◦ Economic or technical function◦ Specific objectives of the authority
Price: statutory requirements◦ Section 74 of the Local Government (Scotland)
Act 1973 – best consideration◦ Planning land – absolute duty◦ Best value amendment – not in force
Common good land
Avoid land banking
Influences method of disposal
Licence for development Disposition with title conditions – economic
development burdens
Long lease with option to purchase
Using CPOs to assist developer’s site assembly
Back-to-back agreements
Who bears the cost of compulsory
purchase?
Instalment payments - fixed dates or on
occurrence of event – negotiated prices
Clawback – occurrence of event – uplift for
higher densities
Overage – useful in rising market
Security for future liability – ranking
considerations
Need to secure best consideration
Reason for new business entity
Sharing of equity and risk
Formality of JV constitution
Whether authority’s land to be transferred to JV
– best consideration
Wholly owned subsidiaries – separate entity for
best consideration purposes
Procurement of JV partner