Compulsory purchase orders and acquiring authorities: guidance on preparing a CPO

CPOGNAA/003 Third in a series of guidance notes intended to provide information for acquiring authorities with no, or limited experience of, compulsory purchase orders (CPOs). This note provides guidance on preparing a CPO.

1. Introduction

1.1. Acquiring Authorities should be satisfied that they have undertaken or considered the pre-action activities contained in guidance note CPOGNAA/002 prior to preparing a draft CPO.

1.2. The pre-action activities will greatly aid the Acquiring Authority to develop its arguments and rationale for the use of compulsory purchase to acquire land, and assist in mitigating or addressing the concerns of land owners and communities. This may, in turn, prevent objections being raised and will improve transparency and accountability in the decision making process.

1.3. As noted in previous guidance notes and section 7 below a technical check of a draft order is available on request from the Scottish Government. This comprises a review of the legal technicalities of the draft Order and supporting documents, with a view to identifying issues which may prevent the CPO from progressing at a later stage. A technical check may also allow early advance planning for any potential Hearing or Public Local Inquiry, should this be needed, by allowing advance notification to be given to DPEA to enable them to schedule consideration of the Order into forward work plans.

1.4. If a technical check is not requested, and a defect is later identified in the documentation, this will almost certainly cause delays and increase the period of uncertainty for people affected by the Order. Depending on the nature of the defect it may mean an Acquiring Authority would have to being the process again anew.


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