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Effective Strategies for Public Sector Land Disposal and Development: Insights from Paul D. Warner

This event, led by Solicitor Paul D. Warner, explores the complexities of public sector land disposal and development from the selling authority's perspective. Key topics include legal constraints, development conditions, site assembly, and the implications of procurement rules. The session highlights strategies for managing deferred payments, joint ventures, and compulsory purchases. Warner emphasizes the importance of securing best consideration and understanding statutory requirements. This informative session is crucial for professionals involved in land development and disposal in the public sector.

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Effective Strategies for Public Sector Land Disposal and Development: Insights from Paul D. Warner

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Presentation Transcript

  1. Public Sector Residential Land Disposal and Development Event 23rd June 2009 Disposals – the Selling Authority’s Perspective Paul D Warner, Solicitor

  2. Disposals – the Selling Authority’s Perspective • Legal constraints  • Imposing development conditions • Site assembly and Compulsory Purchase • Deferred payment of price • Joint ventures

  3. Legal Constraints • 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

  4. Imposing Development Conditions • Avoid land banking • Influences method of disposal • Licence for development • Disposition with title conditions – economic development burdens • Long lease with option to purchase

  5. Site Assembly and Compulsory Purchase • Using CPOs to assist developer’s site assembly • Back-to-back agreements • Who bears the cost of compulsory purchase?

  6. Deferred Payment of Price • 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

  7. Joint Ventures • 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

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