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Disposals – the Selling Authority’s Perspective

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

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Disposals – the Selling Authority’s Perspective

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  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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