PLA Working Group and Paper on Procurement and Land Development Agreements after Auroux v Roanne Duncan Osler, MacRoberts LLP.

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Presentation transcript:

PLA Working Group and Paper on Procurement and Land Development Agreements after Auroux v Roanne Duncan Osler, MacRoberts LLP

Origin of Paper on Auroux First PLA Working Group to be established Uncertainty from ECJ Judgment in Jean Auroux v Commune de Roanne Policy interest in economic regeneration Paper with views as at 22 June released September 2009

Jean Auroux v Commune de Roanne action to annul resolution by the municipality of Roanne which authorised the signing of a "public development agreement" (PDA) to construct a leisure centre etc Project entrusted under a French law to ‘semi-public’ urban development company SEDL ECJ judgment in January 2007

Judgment and Issues Relevance of Ownership - Contracting Authority entrusting another with the execution of a work being PWC regardless of CA becoming owner of all or part of that work total value of PWC from the point of view of a potential tenderer - total amounts to be paid by the contracting authority and all third party revenue No exemption despite subcontract tendering

Developing the Paper Case studies with a practical approach March to June 2009:  Discussions – exchange with OGC  Planning and Procurement ‘interface’  22 June – meeting to finalise draft  25 June – Commission formal request to UK over award of Osbaldwick land development agreement (York)

PLA event 29 September Cyrus Mehta - Development Agreements – when are they exempt? Robert Palmer - effect of Auroux on S106 Agts Jonathan Davey - Unintended Consequences of the Auroux Judgment Rebecca Rees - Possible management strategies in light of Auroux Dr Mark Butt - Public Procurement and Property Development in Germany OGC Released PPN dated16 October 2009

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