THE KENT DEBATE - WHOSE LAND IS IT ANYWAY? Robin Edwards CLA SE - - PowerPoint PPT Presentation

THE KENT DEBATE -

WHOSE LAND IS IT ANYWAY?

Robin Edwards

CLA SE Regional Director

Ross Murray

CLA President

Allan Buckwell

CLA Kent branch Chairman

Barbara Cooper

Corporate Director Growth, Environment and Transport, Kent County Council

Lots of demand on our “garden of England”

Lots of demand on our “garden of England”

The scale and geography of proposed development in Kent compared to land designation

The Kent and Medway Growth and Infrastructure Framework (GIF)

A first of its kind in

assessing the predicted levels of housing and economic growth for the county and the infrastructure needed to support this up to 2031. A 2017 Update will be published this year.

Challenges: Population Growth

Between 2003 and 2015, population in Kent increased by 175,700, of which 74% was a result of net inward migration. The majority of people who move into Kent come from London – in the last year, this was 23,200 people.

The Kent and Medway Growth and Infrastructure Framework (GIF) : Infrastructure Funding Gap Calculation 2015 2017

New homes 158,500

172,600

New people 293,300

381,800

New jobs 135,800

Awaiting statistics

Total infrastructure funding gap £2,007,520,000

Awaiting statistics

% of infrastructure funded 70%

Awaiting statistics

Kent growth context to 2031

Kent Strategic Sites, March 2017

Principal Environmental Planning Constraints in Kent

Kent Mineral Safeguarding Areas

Agricultural Land Classification

Challenges

• Housing vs communities
• Employment London
• Viability
• Further planning reforms – possible CPO to help local authorities build on

stalled sites; review of CiL

David Lock CBE

Board Member, Ebbsfleet Development Corporation and chartered town planner

THE REVIVAL OF THE GARDEN CITY IDEA

CLA 2017 KENT DEBATE Hadlow College, 16 March 2017

DAVID LOCK CBE MRTPI

REGIONAL PLANNING PRACTICE

Draft revised RPG9, December 2000: Economic Development

GARDEN CITY REVIVAL 2012 – ?

Prime Minister David Cameron July 2012 Deputy Prime Minister Nick Clegg, September 2013 Ed Balls, Shadow Chancellor, November 2013 Sir Micheal Lyons Housing Review for Labour Party Wolfson Economics Prize Competition 2014 (279 entries) Ebbsfleet Garden City Urban Development Corporation announced 16 March 2014 DCLG Garden Cities Prospectus April 2014

Prime Minister David Cameron July 2012 Deputy Prime Minister Nick Clegg, September 2013 Ed Balls, Shadow Chancellor, November 2013 Sir Micheal Lyons Housing Review for Labour Party Wolfson Economics Prize Competition 2014 (279 entries) Ebbsfleet Garden City Urban Development Corporation announced 16 March 2014 DCLG Garden Cities Prospectus April 2014 Otterpool Park Garden Town, Folkestone Launched November 2016 Fixing Our Broken Housing Market, Housing White Paper February 2017

Canterbury expansion approved 2017

David Lock Associates Ltd

Otterpool Park Garden Town, Shepway District Council, November 2016

Make No Little Plans

Daniel Burham, Plan for Chicago, 1905

after Goethe

Andrew Shirley

CLA Chief Surveyor

Compulsory Purchase – the landowner

2015 – 2017 reforms

• Level of compensation (Oct 15 guidance)
• Advance Payments (H&P Act 2017 and NP Bill)
• Interest (H&P Act 2017 and NP Bill)
• Temporary land take (NP Bill)
• CGT time limits clarification (awaited)

Threat of compulsory purchase

Focus

• Housing – Garden Cities/villages
• Sustainable Alternative Natural Green Spaces
• Infrastructure – even mobile phone masts
• The role of commercial companies

Compensation

• Equivalence
• The “it’s compensatable” excuse
• Solutions to access land
• Sensible provisions

Outstanding issues

Duty of Care

• Proactive early engagement with landowners
• Mitigation of impact of the scheme
• Cost effect ability to appeal

Unfinished Business

• Law Commission Report dated 2003
• Compulsory purchase – public need v land value capture
• Commercial solutions

Sue Young

Head of Conservation & Policy, Kent Wildlife Trust

Kent Wildlife Trust Dr Sue Young

Lee May

LARTPI Partner, Brachers

BRACHERS

Thursday, 16 March 2017

Lee May LARTPI Partner, Planning & Environment, T: 01622 776421 E: leemay@brachers.co.uk Our services Corporate & Finance law Commercial Contracts Commercial & Residential Property Court of Protection Debt Recovery & Insolvency Dispute Resolution Employment & HR Family Healthcare & Injury Planning, Environment & Construction Wills, Probate & Tax Planning

Recognition

Neighbourhood Planning Bill 2016/17

• Temporary Possession of Land
• Reform of the “no-scheme principle”
• Repeal of Part 4 Land Compensation Act 1961
• Time limit for confirmation notices
• Compensation for disturbance
• GLA/TfL Joint Acquisition of Land

Thursday, 16 March 2017

Tom French

Director (Rural), BTF Partnership

Challock 01233 740077

www.btfpartnership.co.uk Land & Property Experts

Canterbury 01227 763663 Heathfield 01435 864455

The Compensation ‘Code’

Based on an ever increasing list of legislation:

• Compulsory Purchase Act 1965
• Land Compensation Act 1961 and ‘73
• Acquisition of Land Act 1981
• Planning & Compulsory purchase Act 2004
• Planning Act 2008 (NSIP)
• Localism Act 2011
• Growth & Infrastructure Act 2013
• Infrastructure Act 2015
• Housing & Planning Act 2016
• Neighbourhood Planning Bill (proposing increase in interest)

Fundamental principle underlying the ‘Code’ is that of ‘equivalence’ ….. the claimant shall be paid neither less nor more than his loss.

Challock 01233 740077

www.btfpartnership.co.uk Land & Property Experts

Canterbury 01227 763663 Heathfield 01435 864455

Factors to be identified when arriving at the compensation payable:

• The nature of the interest being acquired (tenancy, subject to restrictive covenants etc)
• The extent and condition of the property affected
• The use and potential changes in use
• The date of valuation
• The costs and losses incurred (Disturbance)
• Date of the Notice to Treat fixes the nature of the interest to be acquired
• Extent and condition is assessed at the date of entry, which is also the Valuation Date
• Disturbance incurred may pre-date the Notice to Treat and post-date entry

Challock 01233 740077

www.btfpartnership.co.uk Land & Property Experts

Canterbury 01227 763663 Heathfield 01435 864455

Valuation Date

Date of entry or if agreed earlier and based on the 6 rules of

• compensation. The two main rules being:
• Rule 2 - usually the most contested - The value of the

land interest – Open Market Value and assuming a Willing Seller

• Rule 6 - Disturbance - date of entry and ongoing until

concluded

Challock 01233 740077

www.btfpartnership.co.uk Land & Property Experts

Canterbury 01227 763663 Heathfield 01435 864455

Thoughts

• Development and investment in infrastructure will continue
• The review of the Compulsory Purchase legislation is critical.
• Compulsory Purchase is adversarial – why shouldn’t it be,

someone is dispossessing you of some or all your property. It’s your land until someone else wants it.

• There is a lack of constructive engagement and a culture of

mistrust has developed between the opposing sides.

Challock 01233 740077

www.btfpartnership.co.uk Land & Property Experts

Canterbury 01227 763663 Heathfield 01435 864455

Main Causes of the Problem as I see it:

• No obligation on acquiring authorities to pay claimants reasonable costs in engaging

with the other side prior to the exercise of CP powers and so few do. Richborough different, but only pay if we agree with their terms.

• The acquiring authorities consequent lack of understanding of the claimant’s

business means opportunities for mitigation are missed, the loss is crystallised and the amount is challenged retrospectively. Disputes being resolved at the Tribunal is well over 2 years.

• Earlier engagement and the emphasis that a claimant is assumed to have mitigated

their loss unless an acquiring authority can demonstrate otherwise.

• Project funding is back ended, post the grant of powers. Authorities are not

prepared to risk costs prior to being given the go-ahead. Spend a £1 now to save £2 later.

Challock 01233 740077

www.btfpartnership.co.uk Land & Property Experts

Canterbury 01227 763663 Heathfield 01435 864455

A Few Facts:

• Richborough connection (NSIP) – A New 20 km 400kV with 60

pylons

• NGET PLC Accounts 2014/15 show operating profits of £1.277

billion

• Total estimated cost of project £84.1 million
• Sum offered to Landowners per pylon with over sail £6,000 i.e.

total of £360,000 plus disturbance payments and depreciation in retained land (total est. £1,000,000)

• Rights of access and retention of apparatus in perpetuity
• Cost of acquiring all the necessary land and rights 1.12% of

project cost

QUESTIONS

THANK YOU