Compulsory purchase reform in Scotland: consultation

Footnotes

1 Specifically: the protection of property under article 1 of the first protocol (“A1P1”); the right to a fair trial under article 6; and (in some cases such as where a home is acquired) the right to respect for private and family life under article 8.

2 See paragraphs 7 and 8 of Circular 6/2011.

3 Sometimes a CPO will take only part of a person’s land. In those cases special rules apply to take account of the impact on the land they have left, known as ‘retained land’.

4 under section 5A of the Acquisition of Land Act 1981, as inserted by section 105 of the Planning and Compulsory Purchase Act 2004.

5 See paragraph 2 of Schedule 1 to the 1947 Act

6 In most cases, acquiring authorities will do so to avoid having to justify the acquisition of the minerals and incurring any associated liability to pay compensation.

7 Paragraph 19 of the first Schedule to the 1947 Act

8 See paragraph 4 of schedule 3 to the Conveyancing and Feudal Reform (Scotland) Act 1970

9 Compulsory Purchase Association Position Paper on Compulsory Purchase Digitisation

10 Time from receipt of a CPO by Scottish Ministers to DPEA receiving it. The date a case is referred to a reporter, or a reporter is appointed, may be later.

11 The ‘relevant date’ is the date on which the acquiring authority and objectors are notified of the intention to hold a PLI

12 Technically these rules apply to local authority CPOs but in practice, they are used for PLIs into other bodies’ CPOs ‘by analogy’.

13 There are no statutory requirements to conduct written submissions, a hearing or PLI in relation to non-statutory objectors.

14 These are figures for unopposed Planning and Housing CPOs over a 10 year period – from receipt to decision by Scottish Ministers.

15 These are figures for opposed Planning and Housing CPOs over a 10 year period.

16 Land acquired by a statutory undertaker for the purposes of its undertaking

17 Defined in the 1947 Act as including any town or village green.

18 Defined in the 1947 Act as meaning any land laid out as a public garden, or used for the purposes of public recreation, or land being a disused burial ground.

19 As defined in section 50 of the Interpretation and Legislative Reform Act (Scotland) Act 2010

20 Land acquired by a statutory undertaker for the purposes of its undertaking

21 Defined in the 1947 Act as including any town or village green.

22 Defined in the 1947 Act as meaning any land laid out as a public garden, or used for the purposes of public recreation, or land being a disused burial ground.

23 These objections relate to maintaining a person’s enforceable rights in relation to a title condition and not disapplying a development management scheme.

24 The Mental Health (Scotland) Act 1960 has been repealed and replaced by legislation using more modern terms, but the reference in the 1845 Act has not been updated.

25 South Lanarkshire Council v Lord Advocate [2001] ScotCS 213

26 Scottish Land Commission, Options for Land Value Uplift Capture: Advice to Scottish Ministers 17 May 2019

27 A direction under these provisions may only accompany CPOs for education purposes, for the purposes of the NHS or those which involve the provision of affordable housing. See section 15A of and schedule 2A to the Acquisition of Land Act 1981.

28 The use of public works may also cause depreciation in the value of land where there is no compulsory purchase involved. Part 1 of the 1973 Act provides for compensation in such cases, known as “Part 1 claims”. We do not address this as it is outwith the scope of the current project.

29 Horn v Sunderland Corporation [1941] 2 KB 26

30 Director of Buildings and Lands v Shun Fung Iron works Ltd (1995) 2 AC 111

31 Liesbosch Dredger v SS Edison [1933] AC 449

32 Bryce v Motherwell District Council [1980] RVR 282

33 Lagden v O’Connor [2003] UKHL 64

34 the interest of an ‘owner’, which, in relation to any land, includes any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking.

35 The equivalent maximum and minimum HLP amount are higher in England and Wales. At the time of writing, these are £81,000/£8,100 and £82,000/£8,2000 respectively

36 land which is occupied as a unit for agricultural purposes, including any dwellinghouse or other building occupied by the same person for the purpose of farming the land.

37 the interest of an owner or a lessee under a lease where his interest is as a lessee for a year or from year to year or a greater interest, or the interest of a crofter or a landholder ( “landholder” means and includes every existing crofter, every existing yearly tenant, every qualified leaseholder, and every new holder, and the successors of every such person in the holding being his heirs or legatees).

38 Nonage means being under the legal age to conduct transactions.

39 Optional Protocol on the sale of children, child prostitution and child pornography; Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict | OHCHR

40 469, 488 and 519 days, with the next nearest being 344 days.

41 Two cases of 698 days and 455 days removed as outliers. The next longest case was 174 days with a fairly even spread of times down to 21 days

42 The dataset is smaller as relatively few Planning and Housing CPOs attracted objections that were subsequently maintained.

43 These figures may include some Planning CPOs where objections were non-statutory, but the case went to DPEA and a report and recommendation was made to Scottish Ministers.

44 The longest case of 106 days was a bit of an outlier, with the next longest being 84 days and the rest between 12 and 67 days.

45 Specifically: the protection of property under article 1 of the first protocol (“A1P1”); the right to a fair trial under article 6; and (in some cases such as where a home is acquired) the right to respect for private and family life under article 8.