SCPA Reform Debate 2018 - Scottish Compulsory Purchase Association

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The CPA Scotland Law Reform Debate 2018
Emerging land value capture schemes using compulsory purchase at restricted value
Monday 11 June 2018
Venue: EY Offices, 144 Morrison St, Edinburgh EH3 8EX
15.45  Registration; 16.00  Start; 19.10  Drinks Reception; 20.00  Close

3 Hours CPD
Grateful thanks to:


The UK domestic political focus is centred on the delivery of new homes and is seeking a more effective means of land value capture.

Proposals have emerged to promote compulsory purchase orders (CPOs) to acquire land owned by developers and other land owners where planning consent has been granted but not yet used.
Elsewhere, proposals include the acquisition of land at existing use value, ignoring any hope value, and potentially, even ignoring the value attributable to any existing planning consents.

Whilst these proposals have emanated from England, they have gained significant traction in Scotland.  They certainly appeal to certain politicians, interest and lobby groups, but do they represent sound public and planning policy?  

  • Are they consistent with the current CPO and Compensation Codes?

  • Will the proposals really capture land value?        
  • Should there be an artificial constraint on the amount of compensation due to an affected land-owner?  
  • Will such policies expedite housing delivery?      
  • And where do such proposals fit in the context of Article 1 of Protocol 1 of the European Convention on Human Rights?

The Law Reform Debate is open to members and non-members alike.

Members Free
Non Members £25+VAT

Colin Cottage, a leading CPO practitioner, the immediate past chairman of the CPA, current chairman of the CPA Reform group and author of the CPA’s paper for the UK Parliamentary select committee will give the lead paper in the debate and will address these and other issues.

This paper will be followed by a panel discussion which will  include a wide range of views from the housebuilding sector and advocates for the ‘use it or lose it’ powers. The panel will also consider alternative approaches to land value capture and other proposals focused on successful and effective new housing delivery. Panel members include David Morgan (Area Land Director, Miller Homes), Sarah Jane Laing (Executive Director, Scottish Land and Estates), Nicola Barclay, (Chief Executive, Homes for Scotland); and Andy Wightman MSP.  The debate will be chaired by Christine O’Neill, Partner and Chair of Brodies LLP and a recognised expert on public and constitutional law issues in Scotland who will provide a brief overview of the legal limit, including human rights limits, on making new laws by the Scottish Parliament in the area of compulsory purchase.

The panel has been purposefully invited so that a broad range of views on these topical issues can be properly debated.

15.45       Registration
16.00      Welcome and Introduction
Christine O’Neill, Partner and Chair, Brodies LLP
16.30      Lead paper by Colin Cottage,

past chairman, Compulsory Purchase Association
17.00      Responses to the lead paper
David Morgan, Area Land Director, Miller Homes
Sarah Jane Laing, Scottish Land and Estates
Nicola Barclay, Chief Executive, Homes for Scotland
Andy Wightman MSP
Each panellist will be given 5-10 min to respond to lead paper and explain their own position
18.00      Question and Answer Session
19.00       Drinks and canapés  Sponsored by Brodies LLP
20.00       close
About the CPA Scotland
The Compulsory Purchase Association’s 800+ members represent all disciplines involved in the land assembly and compulsory purchase process. Its members represent acquiring authorities, developers and affected landowners.  The CPA’s mantra is to promote best practice, promote education and appropriate law reform. CPA Scotland was established in 2010 and comprises the majority of land and real estate professionals involved with CPOs and compensation assessments in Scotland and drawn from both the public and private sectors.

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