Minutes Committee Meeting 60

Minutes – Committee Meeting 60 Wedneday 10th February. Start time – 3.00 pm GL Hearn, Soho Square, London

1. Attending Barry Denyer-Green, Emrys Parry, Mark Barlow, Paul Astbury, Philip Maude, Keith Murray, Alison Barker, Colin Smith, Matt Bodley, Vanessa Lambert, Nigel Laing

2. Apologies for absence Neil King QC, Charles Norman

3. Previous Minutes The Minutes of the meeting held on Monday 18th January 2010 were accepted as an accurate record of proceedings.

4. Matters Arising CPO Decision Letters – PM has spoken to Frank Orr about placing his paper on the website. Frank happy to do this and will supply a copy after he has reviewed it. Decision letters to be added to upcoming GOL meeting agenda.

5. CPA Reforms  Planning Assumptions and Bishopsgate papers have been circulated.  Progress is indicated within the table below.

Areas for consideration Reform options lead New rights – table 1 reorganisation (specification of Rights) Circular Phil Maude Other Rights (setting out the Rights) Circular Table 2 Primary Legislation Combine to make a single paper EP and AB to talk to PM with input Diligent Inquiries Information paper Emrys Parry Basic Loss Payments Campaign to Paul Astbury A discussion took place. promote best We need to distinguish between the current ambiguity in the wording of practice the provisions and promoting a policy change to base payments on whole compensation. PA to prepare a discussion paper for next time. Corporate Veil Information paper n/a Not to be pursued at present Bishopsgate s20 Primary Legislation Paul Astbury A discussion took place on the Bishopsgate paper.PA will amend the paper to mention the precedents identified by BDG.

S237 and restrictive covenants Information paper TBC A discussion took place. BDG discussed further issues identified in a case he is working on.

PM also identified a problem created by inconsistencies in references of covenants from Land Registry post “suppression”. Rights should remain on title but are sometimes removed.

AB will investigate what happens at Birmingham S10 1965 Act Primary Legislation Matt Bodley There is a lack of certainty of how to apply it. Such problems go all the way to the House of Lords for resolution, which is not ideal. Previous proposal was to create a hybrid s.10 / Part I provision where entitlement is more clearly defined.

Compulsory Purchase Association 4a Woodside BusinessCompulsory Park, Purchase Whitley AssociationWood Lane, Reading. RG2 8LW Tel: 0118 987 3345 Fax: 0118 987 3366 Email: [email protected] Woodside Business Park, Whitley Wood Lane, www.compulsorypurchaseassocation.orgReading. RG2 8LW Tel: 0118 987 3345 Fax: 0118 987 3366 Email: [email protected] www.compulsorypurchaseassocation.org

Kate to send past papers to Matt Bodley S7 1965 Act, point gorde s6, s9, s14-17 Primary Legislation n/a Not to be pursued at present Planning Assumptions Primary Legislation Barry Denyer Green BDG has asked for consideration of his Planning Assumption paper to be deferred since the Thomas Neil case has muddied the waters significantly. NL will review with BDG. S 52 Primary Legislation Keith Murray S52 – KM reported that he had received 10 responses from and members regarding enquiries on Advance Payments ( 2 from Information paper acquiring authorities and 8 from claimants). Agreed that a practice note is required on how to get a s52 claim. s52 reform needs penalties to be incurred for authorities do not pay out following a judgement. KM will produce a paper for next meeting

Lack of Compensation from airport expansion of flights Colin Smith Inc. non developments zones (eg blast zones) No paper yet. There are issues developing around the Olympic sites and a paper will be prepared once the problems have crystallised.

6. Election results  Welcome to Nigel Laing, Neil King for their election to the committee; and to Charles Norman who has been co-opted.  PA will check on the recent resolution concerning the size and make up of the committee  It was agreed that the AGM notice deadlines should be added to the calendar to help ensure we do not need to call EGMs for changes to the Constitution in future.

7. Events . CPA Dinner o MB reported the dinner had sold out, and approximately 10 people were turned away, who were meeting at Browns. o It was accepted that this is not ideal and that next year we should seek a larger venue, unless market conditions give cause for concern. Ideally a venue with greater flexibility to expand numbers should be identified.

. CPA Drinks o The Reform Club is not an option, so the Oriental has been approached to host once more.

. CPA National Conference o Almost sorted. Likely to run 8 or 16 June 2010, at Royal Society.

. CPA Stakeholder Group o Date sorted, and all invitees attending. MB indicated a need for an agenda. PA shall produce one and circulate amongst the CPA members attending and this, once agreed, will be circulated to the guests. o NL asked to join the meeting. o We should invite the Law Commissioner responsible for Public Law. (Frances Patterson QC was appointed Public Law Commissioner with effect from 1 January 2010 for a period of five years.)

8. Consultation Documents . Penfold Review Call for Evidence

EP submitted a response to their questions but is seeking an audience to discuss further to explain the numerous areas that could be reformed in CPO matters. The meeting should include AB, NL, PA and BDG. . Lands Tribunal Fees PA will respond. BDG is keen that mention is made of Group Action inclusion.

9. Forthcoming meetings . Government Office London – we are awaiting their response to our invitation (EP) to meet . IPC CS and PM met the IPC. It was a good meeting, and all parties felt the need to meet again to maintain the dialog, perhaps in 12-18 months. The IPC have produced a note of the meeting, which was circulated separately to the committee. . With discrepancies between the IPC regulations and CPO scheduling rules, there is scope for championing schedule reform through the IPC.

10. Website Update The minutes are yet to be posted Perhaps delay the Dickinson Dees paper until after the conference.

11. Membership update All membership applications have been accepted

12. AOB We should send a note to regional convenors asking them to keep us informed of their activities so that we can avoid clashes of dates as has occurred with London and the SE and West Midlands.

Dates of next meetings – o 8th March 2010 o 19th April 2010 o 17th May 2010