Scottish Government reviews compulsory purchase guidance

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The Scottish Government is seeking views on its plans to issue new guidance on compulsory purchase following complaints current guidance is complex and cumbersome.

The current legislation, which dates back to 1845, is being reviewed by the Law Commission but reform could be several years away.

In the meantime the plan is to publish two new circulars, one advising authorities on using compulsory purchase appropriately and effectively and the other amending the Crichel Down rules which set out circumstances on which surplus land compulsorily purchased is offered back to the former owner.

"Despite the potential value of compulsory purchase, many stakeholders from across the public, private and third sector have been telling the Scottish Government that there are concerns that make compulsory purchase less effective than it could be," said Cabinet secretary for finance and sustainable growth John Swinney.

"Compulsory purchase has been neglected in the past but to address this the Scottish Government is working to promote good practice to ensure that compulsory purchase is an effective tool for local authorities, Government agencies, other acquiring authorities and the development industry."

He said the last good practice guidance had been issued in 1976 and there are frequent complaints it is old and of limited relevance.

"It is vitally important that an authority considering compulsory purchase never loses sight of the people affected," said Mr Swinney.

"The impact on someone of losing his or her home or business can be enormous. One of the key messages in the new guidance is that compulsory purchase need not be a heavy handed process if managed correctly."

Views are required by 6 May.

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Author: 
BB Staff
Source: 
Brownfield Briefing