Transport Scotland’s Compulsory Purchase Orders (CPO) data: EIR release

Information requested

1. How many CPOs Transport Scotland has issued in the past two decades, and what the average timescale has been for either withdrawal or completion of the purchase.

2. How much has been paid out to date in relation to CPOs for the A9 project, and what the projected remaining expenditure is?

3. Whether the Scottish Government or Transport Scotland has conducted any review or assessment of how landowners and businesses affected by long-term projects such as the A9 dualling have been treated.

Response

1. How many CPOs Transport Scotland has issued in the past two decades, and what the average timescale has been for either withdrawal or completion of the purchase.

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. Details of Transport Scotland’s Compulsory Purchase Orders can be found here:

Compulsory purchase orders: register - gov.scot

2. How much has been paid out to date in relation to CPOs for the A9 project, and what the projected remaining expenditure is?

To date Transport Scotland has paid £10.4million in compensation in relation to land acquired through CPOs for the A9 Dualling. It is currently estimated that approximately a further £29million is still to be paid for the remaining sections of the dualling.

3. Whether the Scottish Government or Transport Scotland has conducted any review or assessment of how landowners and businesses affected by long-term projects such as the A9 dualling have been treated.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. Transport Scotland has not undertaken a review or assessment of how landowners and businesses affected by long-term projects such as the A9 dualling have been treated.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. While we recognise there may be some public interest if a review has been carried out, clearly we cannot provide information which we do not hold.

However, we can confirm all parties are treated equally. People directly impacted by a CPO are entitled to claim compensation. All claims are independently assessed on their merits by the District Valuer in line with the compensation code. If agreement cannot be reached between all parties, claimants have the right to refer their case to the Lands Tribunal Scotland for determination.

In addition we can advise that the Scottish Government is taking forward a programme of work to reform and modernise the compulsory purchase system. The Programme for Government 2024-25 indicated that Scottish Government will consult on proposed changes later in 2025. Further details on Compulsory Purchase Report is available from the Scottish Government website at Planning and Architecture Compulsory Purchase Reform - Planning and Architecture.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.