Compulsory purchase orders and acquiring authorities: guidance on CPO use
CPOGNAA/001 First in a series of guidance notes intended to provide information for acquiring authorities with no, or limited experience of compulsory purchase on how to use CPOs.
Schedule 1: Simplified Compulsory Purchase Order Process
CPO Period |
CPO Stage/Action |
Timescale (if specified) |
---|---|---|
CPO Preparation Period |
Acquiring Authority prepares project proposal and identifies land required |
|
AA engages and negotiates with landowners about purchase |
||
AA resolves to use powers and prepares draft CPO |
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AA submits draft CPO to Scottish Government for Technical Check (recommended) |
||
Scottish Government provides feedback on draft CPO |
1 month |
|
AA finalises the Order, advertises it and serves notices on affected parties |
Adverts must be placed in local paper for 2 successive weeks |
|
AA submits Order and accompanying paperwork to Scottish Government |
||
CPO Objection and Hearing Period |
Scottish Government receives objections to the Order |
21 days minimum from date notices are advertised |
If no objections are received Scottish Government move to determination of the Order |
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If objections received Scottish Government sends them to Acquiring Authority and invites response |
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Scottish Government passes Acquiring Authority response to objector and asks whether they wish to maintain their objection |
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If any objection is maintained Scottish Government passes case to DPEA for consideration |
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DPEA hears evidence for the case via Public Local Inquiry, Hearing or Written Submissions |
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DPEA submits report and recommendations to Scottish Government |
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CPO Determination Period |
Scottish Government considers Order and decides whether to: And then advises the AA of this decision. |
|
AA advertises decision and notifies landowners |
Adverts must be placed in local paper for 2 successive weeks |
|
Period of legal challenge to Order |
6 weeks |
|
CPO Implementation Period |
If no legal challenge AA is empowered to implement order and to take title to the land |
|
AA takes title to land and possession via GVD or Notice to Treat |
Up to 3 years from date confirmed order advertised |
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AA offers compensation to landowners |
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If compensation agreed AA pays landowners |
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If compensation not agreed case may be referred to the Lands Tribunal Scotland |
Up to 6 years |
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