Compulsory purchase reform in Scotland: consultation

Foreword

This consultation is a significant step towards putting in place a fairer, faster and simpler compulsory purchase system for Scotland.

Compulsory Purchase Orders (CPOs) are a powerful tool – with potential to help drive real change for Scotland’s people and places. They can enable the delivery of development and infrastructure projects needed to deliver economic growth and reach net zero. They can support the transformation of land and buildings which are disused, dilapidated and which blight communities. And they can help to accelerate the delivery of new homes, or to put empty properties back to productive use.

We accept that this potential has not yet been fully realised: many public bodies rarely, if ever, make use of their CPO powers. The current system can often be seen as opaque, antagonistic, costly and time consuming.

We want to change that. The proposals set out here could provide the basis for a more effective and modernised system which is less onerous for authorities – and fairer and more transparent for those affected.

The core of compulsory purchase legislation is almost two centuries old, and so changes to this very complicated system are long overdue. This consultation identifies many aspects of the existing legislation which could be improved so that the process works more smoothly, is easier to navigate and is simpler to understand and apply in practice.

The consultation also invites views on the associated concept of Compulsory Sale Orders, which have been suggested as an alternative or additional tool. If they are taken forward they will require a new legislative framework, likely incorporating similar procedures, checks and balances to CPO.

Whilst there is no doubt about the scale of this task – and the detail involved has been substantial – this is much more than a technical exercise. We hope that these proposals will lead to ambitious and comprehensive legislation which in turn will help to drive a more positive and proactive approach to infrastructure and development delivery by public bodies across Scotland in the future.

We would urge everyone with an interest in Scotland’s future development to share their views on the proposals set out here.

The consultation paper has been informed by detailed analysis and input from a range of stakeholders. We are very grateful to all those we have spoken to, and members of the Practitioner Advisory Group, for their considered advice, expertise and input to date.

Roseanna Cunningham & Fiona Simpson, Chief Planner

Joint Chairs of the Compulsory Purchase Reform Practitioner Advisory Group