23Apr

Community Infrastructure Levy

(Advanced)

The ten key legal issues you need to know about regeneration schemes – from theory to practice

Thursday 23 April 2015, 9.30am – 1.00pm, Freeths Nottingham, (with Video Conferencing Equipment to Freeths offices in Leicester, Milton Keynes, Birmingham, Manchester and Sheffield

Presented by Sharpe Pritchard and Bevan Brittan

Seminar overview

“The community infrastructure levy is a new levy that local authorities in England and Wales can choose to charge on new developments in their area….The levy is designed to be fairer, faster and more transparent than the previous system of agreeing planning obligations between local councils and developers under section 106 of the Town and Country Planning Act 1990. The The Rt Hon Eric Pickles MP, Minister of State for Housing and Neighbourhood planning team, DCLG, November 2012

Five years on since the introduction of the Community Infrastructure Levy a large number of local authorities across the UK are still grappling with the implications and the effectiveness of the Levy. The governments of the day have, in turn had their difficulties with it and the Coalition government have committed to continuing it’s review the CIL Regulations again this year, which has been amended four times since its implementation. What was supposed to be a method of simplifying the delivery of infrastructure within a local authority area has resulted in a lengthy and complex process in terms of preparation and implementation. There is also a question as to whether CIL is effectively delivering the infrastructure required as a large number of authorities still rely on Section 106 planning obligations to bridge the gap (and will continue to do so in certain circumstances). The ability to do this however will be severely curtailed with the restrictions on the use of pooled contributions coming into force in April this year, meaning local authorities have no choice but to adopt CIL.

This seminar will explore how effective CIL has been in delivering infrastructure, how the forthcoming changes affect local authorities who have yet to adopt their charging schedules and the implications of the outcomes of recent CIL examinations, where local authorities have been told to set their CIL rates at nil or a lower rate due to viability issues.

The second part will focus on how best to approach regeneration projects identifying the ten key legal issues that you need to be aware of.

Whether it’s overage provisions; when to transfer your land; how to ensure that viability provisions achieve a fair balance between landowner and developer; avoiding title problems; dealing with CPO issues; whether to dispose of a freehold or leasehold interest; how to ensure you can impose long term restrictions; incorporating the planning process; or appropriation, we can help you avoid the bear traps and guide you through the legal complexities.

This part of the seminar will also include a real life case study explaining how the theory works in practice.

Topics to be covered include:

  • Review of CIL provisions
  • New limitations on the use of Section 106 Agreements
  • General approaches to and problems with funding infrastructure for new development
  • CIL – The future
  • Planning conditionality and CPO
  • Overage
  • Transfer of property interests
  • Restrictive covenants
  • Viability clauses

Duration: Half a day (3 CPD points) including lunch

Speaker profiles:

Denise Stephenson is a partner within the planning law team at Sharpe Pritchard. Prior to coming to Sharpes Denise worked in local government and private practice. Denise has extensive experience of major regeneration projects advising public sector clients on complex aspects of planning and highway law. She has advised public sector clients on their statutory duties with regards to planning law including advising on challenge risk and mitigation. Denise has also negotiated many section 106 agreements and highway agreements for large redevelopment projects, wind farms and infrastructure projects. Denise has always had a ‘hands-on’ approach and works hard at developing and maintaining good client relationships. She is credited as being “exceptionally hardworking” Legal 500, 2015.

Brian Hurwitz is a partner at Sharpe Pritchard and heads the planning law team. He has many years’ experience, both in the public sector and in private practice.  He has advised local authorities on plan-making and development management and has negotiated and prepared section 106 agreements on developments involving important strategic and/or regional sites. He has frequently spoken at seminars and client training events and has written articles in the Journal of Planning and Environmental Law and Planning magazine and in Westlaw Insight. Brian is described in Chambers & Partners 2015 edition as a “very good lawyer,” who “protects his clients’ interests very well and it’s always done with good humour”.  He was part of the Sharpe Pritchard team which was a finalist in the law firm of the year category in the Planning Awards 2014.

Mark Calverley is Head of Property at Bevan Brittan LLP, having advised on regeneration schemes for both the public and private sector for almost 20 years. He’s worked on projects across the country with a particular interest in corporate joint ventures (public/public or public/private). Legal 500 describe him as a “real market leader“.

Sandy Munroe is a property partner based in Bevan Brittan’s Birmingham office. She has over 15 years’ experience and acts on large redevelopment projects and disposals for the firm’s many public sector clients. Clients are full of praise for Sandy’s superb delivery with one recently saying that “her commitment to conclude the deal was outstanding”.

How to book

To book a place on this seminar please contact Julie Scheller on 0845 272 5701 or email julie.scheller@freeths.co.uk

Please note, EM LawShare events are only open to existing members. Click here to learn more about becoming a member.

If you would like to send a list of registrants, please email Julie.Scheller@freeths.co.uk.