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ARTICLE · 04 MAY 2010

OCG Publish New Guidance On Land Development Agreements

Cobbetts
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The OGC has just published a long awaited commentary on the inter-play between the public procurement rules and land development agreements.

United KingdomGovernment, Public Sector
Jonathan Branton
Jonathan Branton

The OGC has just published a long awaited commentary on the inter-play between the public procurement rules and land development agreements. This subject has been in the spotlight since the notorious Auroux v Roanne case of 2007, which highlighted that land transfers from public authorities which impose associated specified works obligations on developers are "public works contracts" and therefore subject to mandatory application of the public procurement rules if the relevant value thresholds are crossed. The OGC paper offers some further thoughts in relation to this. It seeks to clarify what are the "specified works obligations" necessary to place a land development agreement within the ambit of the public procurement rules, and in particular what sort of conditions in a land development will fall short of this test and thereby escape the rules.

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