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OLYMPICS AND COMPULSORY PURCHASE Wednesday 14 April 2010

RICS. OLYMPICS AND COMPULSORY PURCHASE Wednesday 14 April 2010. Geoff Fisher FRICS Dip. Rating IRRV President of the IRRV Former Government District Valuer now Professional Consultant at STRETTONS Chartered Surveyors. LONDON 2012. East London 2.7 km2. Olympic Village. Main Stadium.

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OLYMPICS AND COMPULSORY PURCHASE Wednesday 14 April 2010

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  1. RICS OLYMPICS AND COMPULSORY PURCHASE Wednesday 14 April 2010 GeoffFisher FRICS Dip. Rating IRRV President of the IRRV Former Government District Valuer now Professional Consultant at STRETTONS Chartered Surveyors

  2. LONDON 2012 East London 2.7 km2 Olympic Village Main Stadium

  3. OLYMPICS AND LEGACY David HigginsOlympic Delivery Authority Chief Executive "Our challenge is to successfully manage both the requirements of the Games and the long term regeneration of East London. Achieving both of these will bring fantastic opportunities for the whole of the UK."

  4. OLYMPIC TIME LINE 2 + 4 +1 July 2005Olympics decision “London 2012” 2 +Nov 2005 Compulsory Purchase Order (CPO) Mid 2006 Public Enquiry into Objections Dec 2006 Confirmation of CPO • July 2007 Acquisition & Entry on Land 4 +“Dig demolish & Design” (incl. Remediation) Compensation being assessed & negotiated “The Big Build” 1 Pre use of the Stadia • July 2012Olympics “London 2012” • 2013 onwards New Legacy Agency

  5. The ODA’s 5 “BIG BUILD” • MAIN OLYMPIC STADIUM • ACQUATICS CENTRE • VELODROME • International Broadcast Centre/ & Main Press Centre IBC/MPC • ATHLETES’ VILLAGE

  6. OLYMPICS 2012 • STRATFORD EAST LONDON • 835 days to go! • Channel Tunnel Rail Link to Stratford • Stratford City shopping centre opens 2011 • Budget GBP 9 billion • Legacy Planning

  7. LEGACY • LARGE PARK, HOUSING, • SPORTS FACILITIES, JOBS • High Rise • High Tech Jobs • High Prices? • High Expectations for East London

  8. Compulsory Purchase and Compensation - International “Expropriation” “Acquisition” “Taking of Property” “Condemnation” “Eminent Domain” “Compulsory Purchase” Justified in the “public interest” proper process/clear regulations/statutes Compensation Code that is regarded as “Fair and Just” European Convention of Human Rights Article 1 of First Protocol - Protection of Property Article 8 of the Convention – Right to Respect for Home Article 6(1) of the Convention - Right to a Fair Trial

  9. CONFERENCES etc • FIG International Federation of Surveyors Helsinki Seminar 2007 on Compulsory Purchase and Compensation www.tkk.fi/Yksikot/Kiinteisto/FIG/programme.htm • Compulsory Purchase in the Transitional Countries of Central and Eastern Europe http://www.tkk.fi/Yksikot/Kiinteisto/FIG/pdf-files/06092007Grover • International Seminar Warsaw July 2008 on Compulsory Purchase and Compensation www.polishproperties.com.pl/en_2008_news_04.php • Eilat 2009 – Recommendations for good practice (late 2010 Final Papers) www.fig.net/fig2009/techprog.htm

  10. Compulsory Purchase Compensation in UK A complex statutory compensation code – Various Statutes (1st Book on the subject 1646, regarding a 1531 Act!) Developed by Case Law giving additional principles and assumptions

  11. Director of Buildings and Lands v Shun Fung [1995] 2 AC 111 at p.125 • “The purpose of these provisions, is to provide fair compensation for a claimant whose land has been compulsorily taken from him.  This is sometimes described as the principle of equivalence. … a claimant is entitled to be compensated fairly and fully for his loss... • a person is entitled to compensation for losses fairly attributable to the taking of his land, but not to any greater amount.” 

  12. Key Aspects – UK Code • Date of Valuation – Entry or Agreement • Market Value - Ignore the scheme of acquisition/Compulsory Purchase Order • Advance Payment (90%) of Estimated Compensation, then Interest on Balance • Claimants expected to Mitigate their Loss • “Disturbance” Compensation for Losses of Occupation or Ownership “ • Loss Payments for Non Tangible Losses 10% MV • Professional Advice for Claimant Reimbursement of valuation and legal fees

  13. EXAMPLES • Motorway goes through Village Farmhouse Church House A Cowshed Petrol Filling Station & Shop House B House C

  14. PROCEDURES VALUERS • Compulsory Purchase Order (CPO) planned • CPO confirmed and Notices Served • Entry Taken • Scheme proceeds • Compensation paid to claimant with Interest • Purchase by Agreement Negotiations? • Claimant’s Valuer submits Claim • Advance Payment • NEGOTIATIONS! • Settlement • Payment of Fees Compensation Dispute? Reference to Lands Tribunal (on valuation) then Court of Appeal (only on law)

  15. TUNNELLING UNDER YOUR LAND • Olympics/Legacy East London 2012 • Channel Tunnel Rail Link • Crossrail across London • Easements and Compensation

  16. See you at OLYMPICS 2012! This counts for RICS Continuous Professional Development ANY QUESTIONS? This handout is for the private use of the attendee at the presentation and may not be reproduced copied or published elsewhere without the consent of Strettons Chartered Surveyors

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