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Publication - Progress report

Compulsory purchase reform: progress report December 2024

Published
18 December 2024
Directorate
Planning, Architecture and Regeneration Directorate, +3 more … Economic Development Directorate, Energy and Climate Change Directorate, Jobs and Wellbeing Economy Directorate
Topic
Building, planning and design, Business, industry and innovation, Communities and third sector, +6 more … Economy, Energy, Housing, Programme for Government, Public sector, Transport
ISBN
9781836911296

This report recaps progress to date on the Scottish Government's comprehensive programme of work to reform and modernise the compulsory purchase system in Scotland. It summarises emerging proposals and sets out next steps heading into 2025.

View supporting documents Supporting documents

Annex A: Compulsory Purchase Reform Scotland: Emerging Options & Proposals

The content of the Table below represents emerging thinking and is based on policy development to date. The emerging proposals will continue to evolve and will be further refined in response to ongoing stakeholder engagement, testing and public consultation. The vast majority of the suggestions below would involve making changes to primary legislation, which would require a Compulsory Purchase Bill.

Our intention is that a future Compulsory Purchase Bill would not just amend current provisions but also repeal existing primary legislation and replace it with a new statute. A consolidated Compulsory Purchase Act (incorporating the reforms introduced through this programme) would offer clear benefits in terms of clarity and useability. This was proposed by the Law Commission in its 2014-16 review and universally supported by respondents. If Parliamentary time and resources allow, the introduction of a single Compulsory Purchase statute combining procedural requirements and compensation is our preferred option and aspiration.

Building Block Emerging Options & Proposals Contribution to Strategic Objectives
Enabling Powers
  • Giving acquiring authorities a new general power to create new rights (e.g. servitudes) in land.
 Providing authorities with greater flexibility to pursue less intrusive (and less costly) options than acquiring land on a permanent basis could make the system simpler, more streamlined and fairer.
  • Giving acquiring authorities powers to take temporary possession of land.
Early Engagement and Preparatory Steps
  • Introducing a new general power for acquiring authorities to enter land for the purposes of surveying in advance of a CPO – subject to appropriate safeguards as regards notice periods, compensation entitlements etc.
 Replacing the current provisions (which date from 1845) with a new power could make the system simpler and fairer.
  • Seeking views on giving acquiring authorities powers to require information about land ownership in advance of a CPO.
 Could make the system more streamlined by supporting effective land referencing.
  • Updating guidance to set clearer expectations as regards early engagement with affected owners/occupiers.
 More consistent and effective engagement could help make the system fairer.
Confirmation Procedures
  • Simplifying the notification requirements for CPOs – and setting these out in secondary rather than primary legislation so they are more flexible to changes in digital technology.
 Clearer and more proportionate notification requirements which are less paper-based could make the process simpler and more streamlined.
  • Introducing a new time limit within which opposed CPOs (those with objections) are to be referred to the Directorate for Planning and Environmental Appeals (DPEA) Reporters by Scottish Ministers.
 A time limit could provide parties with greater certainty, avoid delays in decision-taking and help make the system more streamlined.
  • Updating guidance to provide greater clarity around how CPO decisions are taken, the public interest test and addressing common misconceptions.
 Clearer guidance may encourage authorities to take a more positive and proactive approach to using their powers in appropriate circumstances.
  • Making express provision for objections to be dealt with through written submissions, as an alternative to public local inquiry or hearing.
 Providing greater clarity about how objections will be handled and the procedures to be used could make the process simpler. Enabling costs to be awarded to successful objectors in written submissions cases could make the system fairer – as well as more streamlined - if it avoids cases going to public local inquiry which otherwise would.
  • Clarifying who determines whether objections will be dealt with through public local inquiry, hearing or written submissions – and the circumstances in which these procedures will be used.
  • Allowing awards of costs to be made in relation to hearings and/or written submissions – not just public local inquiries.
  • Introducing an expedited process for unopposed CPOs (i.e. those with no objections) whereby these can be confirmed by acquiring authorities.
 Empowering acquiring authorities to confirm cases with no objections could make the process more streamlined.
  • Enabling Scottish Ministers to delegate decisions on opposed CPOs to DPEA Reporters in certain circumstances.
 Allowing Reporters to confirm CPOs on Ministers’ behalf could reduce double-handling and thereby make the process more streamlined.
  • Seeking views on enabling CPOs to be confirmed subject to conditions.
 If conditional confirmation incentivises authorities to make CPOs earlier in the development process, it could make the process more streamlined.
  • Publishing target timescales for issuing confirmation decisions.
 Providing greater clarity and certainty about the timescales for confirmation decisions could help make the process simpler and more streamlined.
  • Requiring confirmation notices (which ‘start the clock’ on the three-year implementation period) to be published within 6 weeks of a CPO being confirmed.
 Starting the clock within a specified time would reduce uncertainty for affected parties and could help make the system fairer and more streamlined.
  • Allowing a longer or shorter implementation period than the standard three years to be specified by the confirming authority.
 Flexibility around the implementation period could help make the system fairer and more streamlined.
  • Making provision for the implementation period to be extended in the event of a legal challenge.
 Allowing the implementation clock to be stopped where legal proceedings are brought could help make the system fairer and more streamlined.
  • Giving the Court discretion to grant more flexible remedies than quashing the Order entirely where a CPO is successfully challenged on the grounds of a procedural defect.
 Additional flexibility as to remedies open to the Court could avoid CPO processes having to be re-started from scratch, helping make the system more streamlined.

Contact

Email: Chief.Planner@gov.scot

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