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Publication - Guidance

Compulsory purchase orders and acquiring authorities: guidance on CPO use

Published: 26 Apr 2018

CPOGNAA/001 First in a series of guidance notes intended to provide information for acquiring authorities with no, or limited experience of compulsory purchase on how to use CPOs.

17 page PDF

233.9 kB

17 page PDF

233.9 kB

Contents
Compulsory purchase orders and acquiring authorities: guidance on CPO use
Schedule 1: Simplified Compulsory Purchase Order Process

17 page PDF

233.9 kB

Schedule 1: Simplified Compulsory Purchase Order Process

CPO Period

CPO Stage/Action

Timescale (if specified)

CPO Preparation Period

Acquiring Authority prepares project proposal and identifies land required

AA engages and negotiates with landowners about purchase

AA resolves to use powers and prepares draft CPO

AA submits draft CPO to Scottish Government for Technical Check (recommended)

Scottish Government provides feedback on draft CPO

1 month

AA finalises the Order, advertises it and serves notices on affected parties

Adverts must be placed in local paper for 2 successive weeks

AA submits Order and accompanying paperwork to Scottish Government

CPO Objection and Hearing Period

Scottish Government receives objections to the Order

21 days minimum from date notices are advertised

If no objections are received Scottish Government move to determination of the Order

If objections received Scottish Government sends them to Acquiring Authority and invites response

Scottish Government passes Acquiring Authority response to objector and asks whether they wish to maintain their objection

If any objection is maintained Scottish Government passes case to DPEA for consideration

DPEA hears evidence for the case via Public Local Inquiry, Hearing or Written Submissions

DPEA submits report and recommendations to Scottish Government

CPO Determination Period

Scottish Government considers Order and decides whether to:
- confirm order
- confirm order with modifications
- not confirm order

And then advises the AA of this decision.

AA advertises decision and notifies landowners

Adverts must be placed in local paper for 2 successive weeks

Period of legal challenge to Order

6 weeks

CPO Implementation Period

If no legal challenge AA is empowered to implement order and to take title to the land

AA takes title to land and possession via GVD or Notice to Treat

Up to 3 years from date confirmed order advertised

AA offers compensation to landowners

If compensation agreed AA pays landowners

If compensation not agreed case may be referred to the Lands Tribunal Scotland

Up to 6 years


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