2. Paul D Warner, Solicitor Public Sector Residential Land Disposal and Development Event 23 rd June 2009

3.  Legal constraints  Imposing development conditions  Site assembly and Compulsory Purchase  Deferred payment of price  Joint ventures

4.  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

5.  Avoid land banking  Influences method of disposal  Licence for development  Disposition with title conditions – economic development burdens  Long lease with option to purchase

6.  Using CPOs to assist developer’s site assembly  Back-to-back agreements  Who bears the cost of compulsory purchase?

7.  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

8.  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