Planning Circular 6/2011: Compulsory purchase orders

Scottish Government policy on making compulsory purchase orders.


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)




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