Planning Circular 6/2011: Compulsory purchase orders

APPENDIX D: Preparing the statement of reasons ⁵⁵

D1. The authority should set out its case for the compulsory purchase in a document called a 'statement of reasons'. In this the authority should include all the information that Scottish Ministers will need when considering whether to confirm the order. The statement of reasons should be as concise, clear and comprehensive as possible.

D2. This Appendix provides a list of the information that the authority should usually include in its statement of reasons. The list is not exhaustive. The authority should include all information that it thinks relevant and should adapt its statement of reasons according to the circumstances of the particular order. The statement of reasons need not follow any set format, but it should usually include the following:

The land

D3. A brief description of the order land and its location, topographical features and

present use. The authority should refer to any relevant development plan and identify within which community council area the land is located. In some cases it may be helpful to briefly refer to the historical development of the site to understand the context of the proposal.

Purpose

D4. The authority's purpose ⁵⁶ in seeking to acquire the land.

Proposals for use after acquisition

D5. How the authority proposes to use or develop the land after acquisition.

Description of any new rights being created

D6. If the authority is seeking to acquire new rights over land, such as a right of access, it should explain the need for the new rights, give details of the nature of the rights and provide any further relevant information. (see paragraph 21)

Use of enabling act

D7. Why the authority has used the particular enabling power (see paragraphs 18 to 31)

How the authority engaged with people

D8. How the authority engaged with the owners, tenants, occupiers and anyone else affected by the order. If the authority altered its plans to address people's concerns it should explain how. Alternatively, the authority should explain why it was not able to address specific concerns. It should explain what it has done or will do to lessen the impact or help people. For example, it should include any proposals for rehousing displaced residents or relocating businesses.

The authority's justification for making the compulsory purchase order ⁵⁷

D9. The public benefit in the authority's proposed scheme and how the authority assessed this against the impact on the people affected. How the authority assessed whether there were any feasible alternative ways of achieving the authority's purpose and/or how the authority assessed the feasibility of any suitable alternative sites ⁵⁸ . (see paragraph 12)

The planning position ⁵⁹

D10. The planning case for the proposals, and the planning position of the order site (see paragraphs 22 to 25).

Any relevant information specific to the authority's purpose

D11. Any information specific to the purpose for which the authority seeks to acquire the land. For example, if acquiring land for housing, it should include the following:

• information about the need to provide further housing accommodation in the area (referring to local housing strategies and housing needs and demand assessments where appropriate).
• If it intends disposing of the land, it should submit information about the prospective purchaser and the purchaser's proposals to provide housing accommodation, including timescales for completion, if possible.
• If it proposes to sell the land on the open market, it should include information about its proposals to dispose of the land. It should also explain why it is satisfied that this will provide housing accommodation and in what timescale.
• When acquiring an empty home or sub standard property, it should say how long the property has been vacant, what steps it has taken to encourage the owner to bring it into acceptable use, what the outcome was and whether the owner has carried out any works to re-use the property for housing purposes.

Funding

D12. A general indication of how the authority intends funding the acquisition and completing its scheme. This should include any commitments from third parties. (see paragraphs 32 to 33)

Barriers to completing the scheme

D13. Any potential barriers to completing the scheme, and how the authority intends overcoming them. (see paragraph 34)

Related orders or applications

D14. Details of any related order, application or appeal which may require a coordinated decision by Scottish Ministers, such as a planning application, planning appeal or road closure. (see paragraph 61)

Unknown owners

D15. If the authority has listed any of the owners as 'unknown' in the schedule to the order, details of steps that it took to identify the owner (see Appendix E)

Special considerations

D16. Any special considerations affecting the land. For example, details of any ancient monument, listed building, conservation area, special category land, consecrated land. (see Appendix E and Appendix J)

Ministerial statements

D17. Any views expressed by Scottish Ministers about the authority's proposed development.

List of documents

D18. A list of any documents, maps and plans that the authority made publicly available and/or details of where people can see these documents.