Public Procurement & Development Projects - The Essentials
This live broadcast session will provide delegates with an introduction to public procurement law in the context of development agreements and planning obligations.
It will include an analysis of the Court of Appeal’s judgment in Faraday v West Berkshire Council which has been regarded as tightening up the procurement rules in this area and necessitating considerable caution when attempting to mitigate procurement risk.
What You Will Learn
This live and interactive session will cover the following:
- A brief overview of the public procurement regime in the UK
- What is a ‘public works contract’?
- Key UK and EU case law relating to procurement in a land development context
- The treatment of planning obligations by the Courts in procurement disputes
- Particular focus on the cases of:
- R (Midlands Co-operative Society Ltd) v Birmingham City Council - in which a section 106 agreement was in issue
- Faraday Development Ltd v West Berkshire Council (Court of Appeal decision) - in which a development agreement was in issue
- Reliance on exemptions - e.g. exclusive rights?
- The need to take a holistic view of the project
- The current state of play. i.e. what agreements now fall within the public procurement regime? What are the safe areas?
- Mitigating procurement risk - e.g. use of ‘VEAT’ notices, delegated compliance
Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.