pla working group and paper on procurement and land development agreements after auroux v roanne...
TRANSCRIPT
PLA Working Group and Paper on PLA Working Group and Paper on Procurement and Procurement and
Land Development Agreements after Land Development Agreements after Auroux v RoanneAuroux v Roanne
Duncan Osler, MacRoberts LLP
Origin of Paper on AurouxOrigin 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 RoanneJean 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 IssuesJudgment 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 PaperDeveloping 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 SeptemberPLA 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
© MacRoberts LLP 2010© MacRoberts LLP 2010