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

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