CPD Record

Question 1

How would you approach an injurious affection claim?

Answer 1

At a very high level the assessment should consider the value of a claimants retained property in a “no-scheme world” compared to the value in a “scheme world” considering the impact of severance, construction and operation of the scheme but also any mitigation in place or betterment. Any diminution in value should be paid as compensation.

Question 2

What happened in the Lancaster CC v Thomas Newell case?

Answer 2

Concerned a former mill site with a mix of uses. Claimant claimed disturbance elements including: Management time (claimants time) and loss of rent. Claimant had put in detailed evidence of extensive time spent by its five directors working on the CPO – But … evidence did not address financial relationships between the
directors and the claimant (how they were paid, nature of their contracts etc), nor the directors’ normal duties to the company – Additionally, the claimant company’s sole real activity was managing lettings of units; if loss of management time affected business, would have affected it by reducing rental income (which was a separate head of claim)

Question 3

Explain your role in relation to HS2.

Answer 3

Property Acquisitions Manager - ensuring that land is available for construction of the HS2 Phase One Scheme using CPO powers, paying compensation to landowners, managing suppliers and engagement with landowners and their agents, and managing land issues where construction and private land interface

Question 4

What happened in the Curzon Street Park case?

Answer 4

This case is ongoing and I am not involved but as a high level overview land was acquired for the construction of Curzon Street Station and the three landowners each applied for CAADs, these CAAD’s are to be treated as deemed planning permission. The case considers whether it would be appropriate to grant permission for all three developments in a “no scheme world” considering local planning policy and development plans at the time of vesting.

Question 5

What is a CAAD?

Answer 5

Certificate of Appropriate Alternative Development - It enables the claimant under a compulsory purchase scheme to request that their local planning authority review their site and consider what development could have occurred in a ‘no scheme world’. Should the local authority provide a positive certificate this can lead to an uplift in the value of the property as it is deemed planning permission

Question 6

What do S7 and 10 of the CPA 1965 relate to?

Answer 6

Severance and Injurious Affection

Question 7

When the disciplinary rules changed in 2020 what happened?

Answer 7

The Conduct and Appeal Committee was renamed the Regulatory Tribunal, and the ‘Disciplinary, Registration and Appeal Panel Rules’ changed to the ‘Regulatory Tribunal Rules’.

• The Regulatory Tribunal Rules allow a Single Member of the Regulatory Tribunal to determine disciplinary action in certain circumstances