This document provides an overview of the compulsory purchase process in the UK. It discusses the theoretical frameworks around compensation, the relevant legislation and authorities governing nationally significant infrastructure projects, and the multi-stage application process. It also summarizes some recent court cases related to compulsory acquisition and compensation.
Slides from a presentation by Bill Hoff, Director, Engineering Group, Gulf Interstate Engineering Company and Edward J. Wiegele, President, Professional Services, Willbros Engineers (U.S.), LLC at the 2012 International Pipeline & Offshore Contractors Association Convention in Istanbul.
Compulsory Purchase Update - Ludlow, 5 February 2015Charles Cowap
Slides to accompany a local RICS meeting held at The Feathers Hotel, Ludlow, on 5 February 2015. Includes the latest on HS2 hardship and other purchase schemes.
Ecosystem Service Markets as a means of sharing land management benefits: UK ...Charles Cowap
Presentation at World Bank Land and Poverty conference 11 April 2013. Looks at the potential wide range of benefits which may arise from the use of the ecosystems service approach in sharing benefits from rural land management. This is built around a case study of Exmoor's potential for water management and carbon storage in the south west of England. Policy and practical lessons are taken from this case study for consideration in the broader context of land and its role in the alleviation of poverty.
Presentation at the RICS Scotland Rural Mid Session Conference, Perth, 22 November 2012. New markets, opportunities and challenges for the work of rural chartered surveyors.
Rural Jigsaw: conventional and unconventional valuations of amenity trees, re...Charles Cowap
Slides for RICS Wales Rural Conference at Llandrindod Wells on 4 December 2012. Covers Vauation of trees for amenity purposes, valuation of renewable energy installations and the importance of Ecosystem Services (and their valuation) to future rural professional practice
Naturally Enough with N Wales Ag Valuers, Betws y Coed 15 March 2018Charles Cowap
Presentation at the North Wales Agricultural Valuers Association, 15 March 2018 on natural capital, public goods and ecosystem services in the management and valuation of rural land
Slides from a presentation by Bill Hoff, Director, Engineering Group, Gulf Interstate Engineering Company and Edward J. Wiegele, President, Professional Services, Willbros Engineers (U.S.), LLC at the 2012 International Pipeline & Offshore Contractors Association Convention in Istanbul.
Compulsory Purchase Update - Ludlow, 5 February 2015Charles Cowap
Slides to accompany a local RICS meeting held at The Feathers Hotel, Ludlow, on 5 February 2015. Includes the latest on HS2 hardship and other purchase schemes.
Ecosystem Service Markets as a means of sharing land management benefits: UK ...Charles Cowap
Presentation at World Bank Land and Poverty conference 11 April 2013. Looks at the potential wide range of benefits which may arise from the use of the ecosystems service approach in sharing benefits from rural land management. This is built around a case study of Exmoor's potential for water management and carbon storage in the south west of England. Policy and practical lessons are taken from this case study for consideration in the broader context of land and its role in the alleviation of poverty.
Presentation at the RICS Scotland Rural Mid Session Conference, Perth, 22 November 2012. New markets, opportunities and challenges for the work of rural chartered surveyors.
Rural Jigsaw: conventional and unconventional valuations of amenity trees, re...Charles Cowap
Slides for RICS Wales Rural Conference at Llandrindod Wells on 4 December 2012. Covers Vauation of trees for amenity purposes, valuation of renewable energy installations and the importance of Ecosystem Services (and their valuation) to future rural professional practice
Naturally Enough with N Wales Ag Valuers, Betws y Coed 15 March 2018Charles Cowap
Presentation at the North Wales Agricultural Valuers Association, 15 March 2018 on natural capital, public goods and ecosystem services in the management and valuation of rural land
Compulsory Purchase and Utilities Initial Survey ResultsCharles Cowap
Slides presented at the RICS National Rural Conference, Royal Agricultural University Cirencester on 20 June 2018
The survey remains open for further responses at https://www.surveymonkey.co.uk/r/7KDRHRJ
Agricultural Property Relief in perspective: a comparison of asset classesCharles Cowap
A comparison of asset investments in farmland, business assets and shares for Inheritance Tax relief purposes. A presentation at the Harper Adams University Rural Research Conference, 18 April 2018
Brexit Update Harper Adams University 9 June 2017Charles Cowap
Slides from a presentation for students at Harper Adams on 9 June 2017, day after the 2017 General Election. The voxvote poll is for live audience participation so it will not work on this version of the presentation.
Post Brexit Farming: Get Fit and EngageCharles Cowap
Slides presented at NFU Brexit Conference/Consultation Event, Worcestershire, 3 February 2017
Link to Conference Press Release:
http://www.nfuonline.com/about-us/our-offices/west-midlands/worcestershire/farmers-discuss-the-future-of-farming-post-brexit/
Rural Taxation Revision, Staffs, 29 July 2015Charles Cowap
Slides for a seminar held by the West Midlands Agricultural Valuers Association at Rodbaston College, Staffordshire on 29 July 2015.
Their purpose is to support candidates for the national exams in their revision of taxation
Valuation Tutorial, Aberystwyth, 2 July 2015Charles Cowap
Slides for a short valuation update tutorial for CAAV (Central Association of Agricultural Valuers) Examination candidates for discussion on 2 July 2015 at Aberystwyth.
Research update on strategy and the rural land manager for the RICS National Rural Conference, 18 June 2015, Royal Agricultural University Cirencester.
RICS Wales Rural Conference 2014
Llandrindod Wells
Valuation: Cross-roads or Cul de Sac?
Current challenges in rural valuation work
Slides presented at the RICS Wales Rural Conference, 9 December 2014
RICS Rural launched its Woodland Taxation and Valuation Briefing Paper at the RICS South East Rural Update, Paddock Wood in Kent on 24 February.
A link and introduction to the full briefing paper can be seen here:
http://www.rics.org/uk/knowledge/news-insight/news/woodland-taxation-and-valuation--a-professional-briefing-paper-for-surveyors-1st-edition-february-2014-/
David Lewis and I used these slides to cover the key points in the papers, including some worked examples.
Water, carbon and biodiversity on South West moorlandsCharles Cowap
Presentation by Charles Cowap MRICS FAAV to Agricultural Law Association, Exeter, 26 February 2013 outlining the development of a PES (Payments for Ecosystem Services) Scheme, development work funded by Natural Environment Research Council and South West Water
Conference sponsored by National Farmers' Union at Harper Adams University College, November 2012. Presentation on future of farming for planning officers and consultants.
A presentation from the English Upland Peatland Network held on 13 and 14 November 2012. Describes the work we have been doing on Exmoor to develop a PES (payments for ecosystem services) scheme with local farmers to rewet peat for water storage and carbon.
Investing In The US As A Canadian… And How To Do It RIGHT!! (feat. Erwin Szet...Volition Properties
=== Investing In The US As A Canadian… And How To Do It RIGHT!! (feat. Erwin Szeto) ===
Ever been curious about Real Estate Investing in the US?? At Volition, for the past 14 years, we have been focused on helping investors invest in over $250M of real estate and generate $100M of wealth in the Toronto market, but we are always open to learning more about other business models and learning from other investors.
The US has always been an intriguing market to invest in. But the US is a big place… if you’re interested in investing in the US, you probably have a lot of questions, like:
☑️ Specifically WHERE should you invest?
☑️ What are the best markets to invest in and why?
☑️ How much are property prices there?
☑️ What are the returns like?
☑️ What is cashflow like?
☑️ Compared to investing in Toronto or other cities in Ontario, what are the benefits / tradeoffs?
☑️ What ownership structure should I use?
☑️ What are the tax implications?
☑️ Can I get financing?
☑️ What are tenants like?
Enter Erwin Szeto, a longtime friend of Volition. Since 2005, Erwin Szeto and his team have navigated the challenging landscape of being landlords in Ontario. Now, they are shifting their focus and guiding their clients' investments toward the more landlord-friendly environment of the USA. This decision comes after assisting Canadian clients in transacting over $440,000,000 in income properties. Faced with issues like affordability constraints, tenant-friendly laws, rent control, and rental licensing in Canada, Erwin sees a clear opportunity in the U.S. Here, there is a significant influx of investments leading to the creation of high-paying manufacturing jobs. Erwin and his clients are poised to capitalize on these opportunities where landlord rights are stronger and there is no rent control.
To facilitate this transition, Erwin has partnered with and become a client of SHARE, a one-stop-shop U.S. Asset Manager. Founded by Canadians for Canadians, SHARE enables as passive an ownership experience as possible for landlords in the U.S., while still maintaining direct, 100% ownership.
Erwin is “Making Real Estate Investing Great Again”!!
Website: https://www.infinitywealth.ca/
Facebook: https://www.facebook.com/iwinrealestate and https://www.facebook.com/ErwinSzetoOfficial
Podcast: https://www.truthaboutrealestateinvesting.ca/
Instagram: https://www.instagram.com/iwinrealestate/ and https://www.instagram.com/erwinszeto/
500 acres of brilliance await you here at Riverview City which offers modern living, effortless convenience, and a beautiful natural setting. It is a mega township by Magarpatta City in Loni Kalbhor, Pune. Enjoy easy access to work, schools, and fun while experiencing a perfect work-life balance.
Visit - magarpattacity.developerprojects.in
Compulsory Purchase and Utilities Initial Survey ResultsCharles Cowap
Slides presented at the RICS National Rural Conference, Royal Agricultural University Cirencester on 20 June 2018
The survey remains open for further responses at https://www.surveymonkey.co.uk/r/7KDRHRJ
Agricultural Property Relief in perspective: a comparison of asset classesCharles Cowap
A comparison of asset investments in farmland, business assets and shares for Inheritance Tax relief purposes. A presentation at the Harper Adams University Rural Research Conference, 18 April 2018
Brexit Update Harper Adams University 9 June 2017Charles Cowap
Slides from a presentation for students at Harper Adams on 9 June 2017, day after the 2017 General Election. The voxvote poll is for live audience participation so it will not work on this version of the presentation.
Post Brexit Farming: Get Fit and EngageCharles Cowap
Slides presented at NFU Brexit Conference/Consultation Event, Worcestershire, 3 February 2017
Link to Conference Press Release:
http://www.nfuonline.com/about-us/our-offices/west-midlands/worcestershire/farmers-discuss-the-future-of-farming-post-brexit/
Rural Taxation Revision, Staffs, 29 July 2015Charles Cowap
Slides for a seminar held by the West Midlands Agricultural Valuers Association at Rodbaston College, Staffordshire on 29 July 2015.
Their purpose is to support candidates for the national exams in their revision of taxation
Valuation Tutorial, Aberystwyth, 2 July 2015Charles Cowap
Slides for a short valuation update tutorial for CAAV (Central Association of Agricultural Valuers) Examination candidates for discussion on 2 July 2015 at Aberystwyth.
Research update on strategy and the rural land manager for the RICS National Rural Conference, 18 June 2015, Royal Agricultural University Cirencester.
RICS Wales Rural Conference 2014
Llandrindod Wells
Valuation: Cross-roads or Cul de Sac?
Current challenges in rural valuation work
Slides presented at the RICS Wales Rural Conference, 9 December 2014
RICS Rural launched its Woodland Taxation and Valuation Briefing Paper at the RICS South East Rural Update, Paddock Wood in Kent on 24 February.
A link and introduction to the full briefing paper can be seen here:
http://www.rics.org/uk/knowledge/news-insight/news/woodland-taxation-and-valuation--a-professional-briefing-paper-for-surveyors-1st-edition-february-2014-/
David Lewis and I used these slides to cover the key points in the papers, including some worked examples.
Water, carbon and biodiversity on South West moorlandsCharles Cowap
Presentation by Charles Cowap MRICS FAAV to Agricultural Law Association, Exeter, 26 February 2013 outlining the development of a PES (Payments for Ecosystem Services) Scheme, development work funded by Natural Environment Research Council and South West Water
Conference sponsored by National Farmers' Union at Harper Adams University College, November 2012. Presentation on future of farming for planning officers and consultants.
A presentation from the English Upland Peatland Network held on 13 and 14 November 2012. Describes the work we have been doing on Exmoor to develop a PES (payments for ecosystem services) scheme with local farmers to rewet peat for water storage and carbon.
Investing In The US As A Canadian… And How To Do It RIGHT!! (feat. Erwin Szet...Volition Properties
=== Investing In The US As A Canadian… And How To Do It RIGHT!! (feat. Erwin Szeto) ===
Ever been curious about Real Estate Investing in the US?? At Volition, for the past 14 years, we have been focused on helping investors invest in over $250M of real estate and generate $100M of wealth in the Toronto market, but we are always open to learning more about other business models and learning from other investors.
The US has always been an intriguing market to invest in. But the US is a big place… if you’re interested in investing in the US, you probably have a lot of questions, like:
☑️ Specifically WHERE should you invest?
☑️ What are the best markets to invest in and why?
☑️ How much are property prices there?
☑️ What are the returns like?
☑️ What is cashflow like?
☑️ Compared to investing in Toronto or other cities in Ontario, what are the benefits / tradeoffs?
☑️ What ownership structure should I use?
☑️ What are the tax implications?
☑️ Can I get financing?
☑️ What are tenants like?
Enter Erwin Szeto, a longtime friend of Volition. Since 2005, Erwin Szeto and his team have navigated the challenging landscape of being landlords in Ontario. Now, they are shifting their focus and guiding their clients' investments toward the more landlord-friendly environment of the USA. This decision comes after assisting Canadian clients in transacting over $440,000,000 in income properties. Faced with issues like affordability constraints, tenant-friendly laws, rent control, and rental licensing in Canada, Erwin sees a clear opportunity in the U.S. Here, there is a significant influx of investments leading to the creation of high-paying manufacturing jobs. Erwin and his clients are poised to capitalize on these opportunities where landlord rights are stronger and there is no rent control.
To facilitate this transition, Erwin has partnered with and become a client of SHARE, a one-stop-shop U.S. Asset Manager. Founded by Canadians for Canadians, SHARE enables as passive an ownership experience as possible for landlords in the U.S., while still maintaining direct, 100% ownership.
Erwin is “Making Real Estate Investing Great Again”!!
Website: https://www.infinitywealth.ca/
Facebook: https://www.facebook.com/iwinrealestate and https://www.facebook.com/ErwinSzetoOfficial
Podcast: https://www.truthaboutrealestateinvesting.ca/
Instagram: https://www.instagram.com/iwinrealestate/ and https://www.instagram.com/erwinszeto/
500 acres of brilliance await you here at Riverview City which offers modern living, effortless convenience, and a beautiful natural setting. It is a mega township by Magarpatta City in Loni Kalbhor, Pune. Enjoy easy access to work, schools, and fun while experiencing a perfect work-life balance.
Visit - magarpattacity.developerprojects.in
Torun Center Residences Istanbul - Listing TurkeyListing Turkey
THERE IS LIFE IN ITS CENTER!
The most energetic spot of the city that will add utterly different pleasures to your life, with a park that will make Istanbul breathe, delighting indoor and outdoor bistros, cafes, restaurants, the brand-new Food Hall concept, where dozens of unique tastes are served together, market area, cinema, theater, fitness club, SPA and event venue...
All the pleasures that will enrich your lives are awaiting you on the most beautiful side of the city, at Torun Center Residences. In Mecidiyeköy, where the heart of Istanbul beats, business, life and entertainment opportunities are located at the exact center, at Torun Center, the most beautiful side of the city.
Penthouse apartments and different styles of flats from 1 + 1 to 4 + 1, from 100 to 425 square meters in a 42-story residence tower, have been designed for those who want to live in the center of magnificence. Torun Center is the redefinition of a better life with specially landscaped floor gardens, apartment options with private balconies, and automatic glass systems equipped with Trickle Ventilation that offers clean air comfort.
Business and life in the same place
Excellent service
Torun Center has many delightful details, from a swimming pool to sunbathing and resting terrace. With 24/7 concierge services, 24/7 security, valet, technical service, closed-circuit camera system (CCTV), central heating and cooling system, it makes your life easier.
Delightful details
The two-story Torun Center Lounge, with its indoor and outdoor seating areas, children's playroom, private dining and TV lounge, promises unforgettable memories to you and your loved ones with its unique Istanbul view.
Neighboring to the most pleasant square of Istanbul
A few steps from the Torun Center Residences, you can reach the city's most modern city square and open the doors of a quality city life. Torun Center Residences brings together on the same project the long-awaited city life for Istanbul and gourmet restaurants, cafes, gym and SPA, and state-of-the-art cinema and Artı Stage, hosting the most famous plays of the season.
Located at the intersection of alternative public transportation options such as the metro and Metrobus, Torun Center comes to the fore as the most accessible office for both sides of Istanbul. With a central location and rich transportation lines, Torun Center offices make life easier for employees and increase productivity.
Flat available for sale
Location- Tupudana, Ranchi
Savitri enclave
Area- 3BHK
Rate- 4000/sq.ft.
Super Build Up Area-1629 sq.ft.
Build-up area-1253 sq.ft.
Rate- 65lakh16k(approx)
Floor available- Flat available in all floor(G+12)
Balcony- 2
Washroom- 2
Parking - CAR PARKING
Amenities- Joggers track,temple, children's park,gym,banquet hall (5 Lakh)
Possession year (Handover year)- Dec 2025
Outside View from the apartment and flat balcony is very beautiful.
For more information contact AASHIYANA STAR PROPERTIES
7766900371
Presentation to Windust Meadows HOA Board of Directors June 4, 2024: Focus o...Joseph Lewis Aguirre
Presentation to Windust Meadows HOA Board of Directors June 4, 2024: Focus on Public Safety as Job #1, Engagement, Wealth of HOA, Branding, Communication, Culture, Civic Responsibility
One FNG by Group 108 Sector 142 Noida Construction UpdateOne FNG
One FNG by Group 108 is launching a new commercial project in Sector 142 Noida. Office space and high street retail shops on the FNG and Noida Expressway. For more information visit the website https://www.onefng.com/
The SVN® organization shares a portion of their new weekly listings via their SVN Live® Weekly Property Broadcast. Visit https://svn.com/svn-live/ if you would like to attend our weekly call, which we open up to the brokerage community.
Omaxe Sports City Dwarka stands out as a premier residential and recreational destination, offering a blend of luxury and sports-centric living. Located in the thriving area of Dwarka, this project by Omaxe Limited is designed to cater to modern lifestyle needs while promoting a healthy, active living environment.
Scanning tenants in NYC requires a thorough and compliant approach to ensure you find reliable renters. For a positive rental experience, consider hiring a property management service. Belgium Management LLC specializes in NYC rental property management and tenant relationship management. We prioritize tenant satisfaction, making us a trusted name in New York property management. Our dedicated team ensures tenants feel valued and supported throughout their lease.
Elegant Evergreen Homes - Luxury Apartments Redefining Comfort in Yelahanka, ...JagadishKR1
Experience unmatched luxury at Elegant Evergreen Homes, offering exquisite 2, 3, and 4 BHK apartments in the serene locality of Yelahanka, Bangalore. These meticulously crafted homes blend modern design with timeless elegance, providing a harmonious living environment. Enjoy top-tier amenities and a prime location, making Elegant Evergreen Homes the ideal choice for discerning homeowners.
Brigade Insignia offers meticulously designed apartments with modern architecture and premium finishes. The project features spacious 3,3.5,4 and 5 BHK units, each thoughtfully planned to provide maximum comfort, natural light, and ventilation.
https://www.newprojectbangalore.com/brigade-insignia-yelahanka-bangalore.html
Referans Bahcesehir which is being constructed, in the center of the most regional destination as Bahçeşehir, shines out with its central location and unique landscape including social facilities such as a fitness center, sauna, sports facilities, children’s playground and recreational areas.
Not only drawing attention for immediate surroundings including commercial centers and private schools but also providing the easily accessible location with closeness to Tem Highway and connection roads, ongoing construction of 3rd Bridge Connection roads and Metro Projects
Bahcesehir is a rising value in the great city of Istanbul… Located at a new transportation junction in the northwest of the City… Located at such a spot that the access roads for the 3rd bridge and for the 3rd Airport will reach the region in 2016. The Marmaray and the Subway will extend all the way to Referans Bahcesehir respectively in 2018 and 2019.
465 flats and 34 stores are designed with an outstanding approach and arranged with a unique perspective offering the following options: 1 plus 1, 2 plus 1, 3 plus 1, 3.5 plus 1, 4 plus 1, and 4.5 plus 1. It is planned so as to safeguard you and your loved ones based upon a modern, technological safety approach. As you experience the joy and luxury here, you will be content and feet at ease.
It is worth seeing both inside and outside with heart-warming cafes, tasty restaurants and elegant stores… And it is ready to offer a vivacious social life with a warm and cozy space design.
A folding swimming pool and indoor swimming pools, playgrounds, Turkish bath, sauna… It has them all. Everything you need for your well-being and for having a pleasant time will be at your service. You simply need to align the rhythm of life with the rhythm of Referans Bahcesehir.
https://listingturkey.com/property/referans-bahcesehir/
Keep Your Home Naturally Cool and Warm Out Change in Seasons
Vinra Construction is a private limited company registered under the ROC. The management has an experience of over 15 years of understanding the needs and delivering apt solutions to the end users We are providing turnkey solutions in construction fields. like Construction, Interior Designing Facility Management, Plantation Management, etc..
Vinra Construction Tech Enabled Company for Eco-Friendly Home Construction
Contact With Vinra for a Greener Future >>> Call us @ 888 4898 765
Green Homes, Islamabad Presentation .pdfticktoktips
Green Homes Islamabad offers beautifully designed 5, 8, and 10 Marla homes near the airport and motorway. Enjoy luxury, convenience, and high rental returns in a prime location.
Simpolo Tiles & Bathware
Tile ho,
toh Simpolo.
Since the first steps were taken in 1977, Simpolo Ceramics has carved its niche as a consistently growing organisation with unparalleled innovation and passion rooted in simplicity.
We endure gratification for every experience we offer, created to share something meaningful. It may not resonate with the majority, but that makes us a class apart. If only a handful were to understand the purpose of our existence, we would be proud to have found our believers. Rather, people with whom we can share our beliefs.
VISUALIZER
Design your space in your style with our very own Visualizer. Now, you can choose the tiles of your liking from our wide selection and see how they would look in a space. Select the tile from the multiple options and the visualiser will replace the surfaces in the image with the selected tiles. This way, instead of just your imagination, you can choose the tiles for your place by getting an actual picture of how they would look in a space. So, design your space the way you desire digitally and implement it in real life to get the best results!
You can also share this visualiser with others to help them design their space.
Committed to delighting customers with world-class ceramic products and services. Make Simpolo synonymous with the best quality and set new benchmarks of excellence for all stakeholders. Pursue best business practices with utmost integrity to make Simpolo an exciting organisation to work with, for vendors, channel partners, investors and employees alike.
Gain worldwide recognition in the field of ceramic building products through Research and Innovation and bring an enhanced lifestyle within reach for every household.
BricknBolt Understanding Load-Bearing Walls and Their Structural Support in H...BrickAndBolt
Load-bearing walls are the backbone of any home construction, providing crucial structural support that carries the weight of the house above. For companies like Brick and Bolt Mysore and Bricknbolt Faridabad, understanding and properly implementing these elements are key to constructing safe and durable buildings.
Avrupa Konutlari Yenimahalle - Listing TurkeyListing Turkey
Welcome to Avrupa Konutları Yenimahalle, where luxury living meets unparalleled convenience in the heart of Istanbul. Developed by Artaş Holding, one of Turkey’s leading construction companies, this prestigious residential project offers a contemporary lifestyle experience like no other.
https://listingturkey.com/property/avrupa-konutlari-yenimahalle/
Lixin Azarmehr, a Los Angeles-based real estate development trailblazer, co-founded JL Real Estate Development (JL RED) in 2015 and serves as its CEO. Her expertise has propelled the firm to specialize in luxury residential and mixed-use commercial projects, with a portfolio that features upscale retail spaces and sophisticated care facilities.
1. Compulsory Purchase Update
The Theory
Charles Cowap
Penkridge, Staffs
10 October 2011
http://www.slideshare.net/cdcowap
Charles Cowap
MBA MRICS FAAV
2. Theoretical framework
Classical
Utilitarianism John Rawls’ Theory
of Justice
Pretium concept of
compensation
Barry Denyer-Green Compensatio concept of
Market pricing compensation
Sharing the Pain
Charles Cowap
MBA MRICS FAAV
3. Planning Act 2008
• Infrastructure Planning Commission (IPC)
• Nationally Significant Infrastructure Projects (NSIPs)
• National Policy Statements
• Development Consent Orders
• Compulsory Acquisition Powers
Charles Cowap
3
MBA MRICS FAAV
4. NSIPs
• Generating stations
• Cables and Pipes
• Gas storage
• Highways
• Airports
• Harbours
• Railways
• Dams and water transfer
• Hazardous waste and waste water
• Size thresholds
Charles Cowap
4
MBA MRICS FAAV
7. 5. Decision 6. Post-decision
Charles Cowap
7
MBA MRICS FAAV
8. Pre Application Stage
Proposals @ 10 October 2011 Number
Pre Application 59
Pre Examination 2
Examination 1
Decision 1
Archived 8
Total 71
Energy schemes 53
Transport schemes 16
Waste water schemes 2
TOTAL 71
Charles Cowap
8
MBA MRICS FAAV
10. Pre-application: Adviser
• Procedural advice
• Information re. Land tenure and occupation: 14 days deadline
• Consultation responses: 28 days
• Pre-entry surveys and compensation claims
• Early alert to compulsory acquisition
Charles Cowap
MBA MRICS10
FAAV
11. 2. Acceptance by IPC
• IPC time period 28 days to accept or reject on
grounds of adequate consultation and quality
Charles Cowap
MBA MRICS11
FAAV
12. Rookery South, Bedfordshire
Waste Combustion Plant, 65 MW,
Bedfordshire
Decision due by 15 October
Developer’s Artist’s Impression
Charles Cowap
MBA MRICS12
FAAV
13. 3. Pre-Examination: Adviser
• Register as an ‘interested party’
• Make ‘relevant representation’
• Initial representations – in outline
– Principal arguments
– NOT merits of NPS, compensation issues
• Respond to published representations: 21 days
• Preliminary meeting
• Clarify role: representative, expert witness
• Working up detailed representations
Charles Cowap
MBA MRICS13
FAAV
14. 4. Examination: Adviser
• Preparation of detailed submissions: 28 days
• Preliminary hearings: procedures, requests for expert witness
• Respond to other submissions: 21 days
• Hearings: representative or expert witness
• Request compulsory acquisition hearing
• Respond to local authority Local Impact Report
• Land Acquisition negotiations
• Resolution of acquisition issues via ADR or Compulsory
Acquisition Hearings
Charles Cowap
MBA MRICS14
FAAV
15. 5. Decision: Adviser
National Policy
Statements
• Energy
– Overarching
– Renewables
– Fossil fuels
– Oil and Gas
– Electricity network
– Nuclear
– Approved on 19
July 2011
Charles Cowap
MBA MRICS15
FAAV
17. .. And what IPC does not cover:
• Infrastructure below the NSIP thresholds
– Lower voltage electricity lines
– Local highways
– Smaller pipelines etc etc
• Proposals covered by Hybrid Bill proposals
– Eg HS2, the high-speed London-Birmingham rail link
Charles Cowap
MBA MRICS17
FAAV
18. IPC: All Change!
• Localism Bill
– Powers and procedures to be transferred to Major
Infrastructure Planning Unit within Planning Inspectorate
– All decisions will be taken by ministers: Commissioners will
recommend based on National Policy Statements
– NPS therefore retained
– April 2012?
– Meanwhile, business as usual for IPC
Charles Cowap
MBA MRICS FAAV
19. Problems with tree roots
Wright v Horsham DC [2011] UKUT319 (LC)
• Compensation for refusal of TPO consent to fell 3 oak
trees
• Claims for underpinning work of £23,253.25 + £750 for
distress etc
• Awarded in full
– Cost of underpinning should be in reasonable
contemplation when consent is refused
Charles Cowap
MBA MRICS FAAV
20. More tree roots
Halifax Insurance v Teignbridge DC
[2011] UKUT 213 (LC)
• TPO: Refusal of consent to thin
crown on tree in 3rd party ownership
• Compensation awarded £7,602 for
remedial works and preventive
measures
• 3 tests for compensation:
– Cause?
– Compensation reasonably
foreseeable?
– General rules on damages
Charles Cowap
MBA MRICS FAAV
21. Staying underground
O’Donoghue & others v SoS for Transport [2011] UKUT 203 (LC)
• Subsoil beneath 26 properties in North and East London
• £50 each nominal payment for ‘tube’ of subsoil for underground
railway – the St Pancras link to the Channel Tunnel Rail Link
(‘HS1’)
Charles Cowap
MBA MRICS FAAV
22. Bocardo v Star Energy
High Court 2008
• Surrey oilfield
• Bocardo Estate, Oxted
• Star Energy: Petroleum Production Licence
• 1990 – 2007: 1 million barrels +
• 800 feet deep
• Trespass? Value of Wayleave?
Charles Cowap
MBA MRICS FAAV
23. Bocardo v Star Energy
27.8.2008
EWHC 1756 Ch
Bocardo Estate
Charles Cowap
MBA MRICS FAAV
24. • Trespass
– 17 years without being noticed
– Simple ownership of minerals does not convey right to enter
and remove them
• Wayleave
– 9% of value of the oil (£6.9 million)
– Limitation – deliberate concealment (by Star) would have
prevented a limitation period defence
Charles Cowap
MBA MRICS FAAV
25. Bocardo (2)
The Court of Appeal Supreme Court
Court of Appeal
• Supported finding that oil extraction was a trespass, even though
B’s use and enjoyment was not affected ‘one iota’
• Compensation: based on s8(2) Mines (Working Facilities and
Support) Act 1966.
• Star proposed £82.50: £50 for a deep tunnel plus special
purchaser uplift plus 10%
• CA awarded £1,000
Supreme Court [2010] UKSC 35
• Confirmed trespass: unanimous all 5 judges
• Nominal award of damages only: 3:2 majority
Charles Cowap
MBA MRICS FAAV
26. And sticking with the Supreme Court
Transport for London v Spirerose Ltd [2009]UKHL 44
• A lengthy case
• Concluded that hope value, rather than full development, value
should be reflected in award
• Lengthy consideration of Point Gourde, value to owner and how
to discount value attributable solely to the scheme
Charles Cowap
MBA MRICS FAAV
27. Ongoing effects of Spirerose
Persimmon Homes (Midlands) Ltd v SoS for Transport [2009]
UKUT126 (LC)
• Four key questions
– Would there be a sustainable highways objection in the ‘no-
scheme world’?
– Would there be a sustainable planning objection in the ‘no-
scheme world’?
– If there was an objection, is there hope of future
development?
– Should betterment be set off against contiguous land?
Charles Cowap
MBA MRICS FAAV
28. Ignoring the effects of the scheme
Are we to imagine
1. That ‘the scheme’ had never been
thought of?
– In other words unravel several
years’ worth of policy development
OR
2. That ‘the scheme’ has been
‘cancelled’ immediately prior to the
valuation date?
Charles Cowap
MBA MRICS FAAV
29. The Creeping Impact of Localism on Land
Management
• DCLG Circular 06/04: Compulsory Purchase and the Crichel
Down Rules
– Amended in 2011, p57
• Local authorities must consider requests to use CP powers for
community assets that are in danger of being lost, particularly if
they come from voluntary or community organisations
• Link to Assets of Community Value (Localism Bill) and proposed
Local Green Area Designations – (Nat Env White Paper):
Beware!
Charles Cowap
MBA MRICS FAAV
30. A final thought
Should we be formulating a fourth head of claim?
• Valuation of land taken
• Severance and Injurious Affection
• Disturbance
• Matters not directly based on the value of land?
Charles Cowap
MBA MRICS FAAV
31. Pattle and Pattle v SoS for Transport [2009] UKUT 141 (LC)
• Rule 6, s5, LCA 1961
– Compensation for Disturbance or any other matter not directly
based on the value of the land
• Lost rent not directly based on value of land (???)
– As a disturbance claim, the owner was not in occupation to
qualify for compensation
– But as any other matter, possession is not required in order to
claim
See Jnl of Property Investment & Finance (2011) Vol 29, Issue 6
Charles Cowap
MBA MRICS FAAV
32. Theory Concluded
But a quick plug for
THE FIRST RICS RURAL WEBINAR
Thursday 13 October 2011, 9.00 am to 10.00 am
IHT VALUATIONS: AGRICULTURAL AND
RURAL PROPERTY AFTER GOLDING
https://training.rics.org/course/view.php?id=55
Charles Cowap
MBA MRICS FAAV