Scottish Government

ISBN 978 1 78045 437 5 (Web only publication)
DPPAS 12084

This document is also available in pdf format (315k)

Contents

Planning Series

Circular 6/ 2011: Compulsory Purchase Orders

Introduction

Engaging Early With The People Affected
Attempting to buy the land by agreement before making a compulsory purchase order

Justification For Making A Compulsory Purchase Order
Assessing other ways to realise the authority's purpose
Assessing the public interest
Human rights
Using the appropriate compulsory purchase power
Compulsory purchase under planning powers
Planning policy
Compulsory purchase under housing powers
Choice between powers
Funding implications of the scheme
Barriers to completing the scheme
Compulsory purchase in partnership with a third party
Local authority resolution to use compulsory purchase
The statement of reasons

Engaging with the people affected after making an order
Information and advice for the people affected
Serving statutory notices
Professional fees
Accommodation works
Agricultural or business land
Residential properties
Alternative dispute resolution
Advance purchase
Early negotiation about compensation
Contractors

Sending the order to Scottish Ministers for confirmation
Related applications or appeals
Objections to the order
The inquiry
Scottish Ministers' decision
Challenge to the validity of the order

Taking possession and legal title to the land
Notice to treat procedure
General vesting declaration

Compensation
Basic principles
Assessing open market value
Certificates of appropriate alternative development (CAADs)
The valuation date
Acquiring only part of a persons land
Advance payments of compensation
Interest
Abandonment of the scheme
Blight

Appendices

A: Overview of the compulsory purchase process

B: Selected public and general acts with compulsory purchase powers

C: Preparatory checklist

D: Preparing the statement of reasons

E: Land referencing

F: Drafting the compulsory purchase order

G: Serving the order and its associated notices

H: General certificate in support of order submission

J: Protected assets and special category land certificate

K: Check list of documents to send to Scottish Ministers