Publication - Letter/Circular
Planning Circular 6/2011: Compulsory purchase orders
Scottish Government policy on making compulsory purchase orders.
45 page PDF
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45 page PDF
313.9kB
APPENDIX A: OVERVIEW OF THE COMPULSORY PURCHASE PROCESS
A1. This overview provides only a general illustration of the process. Some of the stages may overlap and may not necessarily be carried out in the order shown here. In some cases other people may carry out various steps on behalf of the authority.
Engaging with the people affected and designing the scheme
The authority considers how to achieve its aims,
how to engage with the people affected, how much land it needs and
whether there are alternatives to compulsory purchase. It chooses
its preferred site, considers the suitability of alternative sites
(if any), the resource implications of the scheme, any barriers to
completing the scheme, the blighting effects of its proposals and
how it could mitigate them. It might select a third party partner
to work with.
See paragraph 18 (CPO powers), 9 (justification), 42 and
Appendix D (Statement of Reasons),
Appendix C (preparatory checklist), 4 (early
engagement)
Preparatory work and investigating ownership
The authority identifies everyone with an interest
in the land that it needs to acquire. It may request information
from occupiers, search the property registers and visit the site.
It might open early negotiations with owners about compensation.
See
Appendix E (land referencing) and paragraph
4 (early engagement)
Justifying and deciding to use compulsory purchase
The authority assesses the public benefit in its
scheme, weighs this against the impact on the people affected and
considers any reasonable alternatives to compulsory purchase. If
there is a sufficiently strong case in the public interest, the
authority resolves to use compulsory purchase.
See paragraph 9
Making the compulsory purchase order
The authority prepares and signs the compulsory
purchase order. It may also prepare its statement of reasons.
See
Appendix F (drafting the order) and
Appendix D (statement of
reasons)
Advertising the order and serving notices
The authority advertises the making of the order in
a local newspaper for two successive weeks and serves notice of the
making of the order on the people affected.
See
Appendix G (serving notice of making of the
order) and paragraph 46 (serving statutory notices)
Sending the order to Scottish Ministers
The authority sends the order, the authority's
statement of reasons and supporting documents to Ministers for
consideration.
See
Appendix K (checklist of documents to send
to Scottish Ministers)
Appendix H (General certificate) and
Appendix J (protected and special category
land certificate)
The objection period
Anyone who wishes to object to the order has at
least 21 days, from the date the authority first advertised the
order, to make representations to Scottish Ministers.
See paragraph 62 (objections to the order)
Contact
Email: ceu@gov.scot