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Publication - Guidance

Guidance for acquiring authorities: confirmed orders - next steps

Published: 26 Apr 2018
Part of:
Building, planning and design, Research
ISBN:
9781788518154

Fifth in a series of guidance notes intended to provide information for acquiring authorities with no, or limited experience of, compulsory purchase orders.

14 page PDF

221.2kB

14 page PDF

221.2kB

Contents
Guidance for acquiring authorities: confirmed orders - next steps
Footnotes

14 page PDF

221.2kB

Footnotes

1. The notice of entry must be in writing and be signed by the landlord or landlord's agent and must state the reason for entry and the date and time of entry.

2. http://www.rics.org/Global/RICS-CPO-PS.pdf

3. Part III of the Land Compensation Act 1973

4. Sections 27 to 30 of the Land Compensation (Scotland) Act 1973, as amended by the Planning and Compensation Act 1991

5. Sections 31 to 33 of the Land Compensation (Scotland) Act 1973

6. Either the reasonable costs of purchasing an alternative site and constructing a new building or purchasing an existing building plus the costs of conversion.

7. These seek compensation for the depreciation in value of the remaining land because, in the case of a house, building or factory, taking part of the land causes material detriment, or, in the case of a park or garden, seriously affects the amenity or convenience of the house.

8. Such claims seek to force the Acquiring Authority to purchase the whole of the owner's property because, in the case of agricultural land, the impact of the whole CPO scheme is such that all of the farmers other land is not reasonably capable of being farmed or, for residential property, the CPO has caused a significant level of material detriment.

9. 'Betterment' refers to cases where the impact of the scheme underlying the CPO is such that the value of adjacent or adjoining land that is retained increases (for example, due to enhanced development potential or improved access). Where this is the case an Acquiring Authority may offset this increase against the compensation that is payable in respect of the land acquired.

10. Governed by the so-called McCarthy Rules

11. Part 1 of the Land Compensation (Scotland) Act 1973


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