Compulsory Purchase Orders FAQ
Public Local Inquiries & Court Actions
Q. What happens if I do not withdraw my objection to a CPO?
A. If you are a statutory objector, the confirming authority (usually the Scottish Ministers) will arrange for a public local inquiry (PLI) to be held to consider not only the objections, but the whole need for the CPO. The PLI is relatively informal and is presided over by a reporter who reports findings to the confirming authority which ultimately decides whether or not the CPO is to be confirmed.
Q. Is it an expensive exercise to object to a CPO and to be represented at a PLI?
A. It need not be. A PLI is not a court of law and the giving of evidence is done in an informal way. Although an acquiring authority may be represented by a solicitor, or even queen’s counsel, it is not strictly necessary for an objector to be legally represented due to the relative informality of the proceedings. You do have the right to be represented, however, if you so wish.
Q. Can I not raise a court action to prevent the CPO from going ahead?
A. Unless the relevant statute under which the CPO is being made expressly provides for this, it could be difficult establishing a ground of action which would justify court proceedings at an early stage. A successful court action at the outset will stop the CPO process in its tracks and, if you are intent on taking this course of action, you should consult a solicitor at the earliest possible stage. If and when the CPO is confirmed, you will have an opportunity at that stage of challenging the CPO by way of an appeal to the court.
Q. Does the confirming authority always confirm a CPO after a PLI?
A. No. It is open to the confirming authority to refuse to confirm the CPO, to confirm it or to make alterations to the CPO.
Q. Is there any opportunity to object to a proposed compulsory purchase where there is no CPO, for example, where the enabling statute itself has authorised the specific acquisition?
A. The time to object to the proposed acquisition under statute is during the parliamentary process which ultimately results in the passing of the enabling Act. In addition to receiving notices and viewing advertisements of the proposals, you will be able to obtain information about the progress of the relevant legislation online which should advise on how you can raise objections.
Q. I have received a notice advising that the CPO has been confirmed. Can I still do anything to prevent my property from being acquired?
A. Yes. You have a period of six weeks from the date of publication of the confirmation of the CPO within which to appeal to the court against the confirmation of the order. You should consult a solicitor as soon as possible to ensure that the appeal is lodged within the six week period.
Q. Can I simply reiterate my previous objections in such a court appeal?
A. The valid grounds of appeal are narrower than those which could constitute a valid objection for the purposes of a PLI. The court appeal should be raised if either (1) you believe that the acquiring authority has exceeded its statutory powers by making the CPO, or that the reporter or confirming authority erred in law in dealing with the objections and confirming the order or (2) you have suffered material prejudice as a result of non-compliance by the acquiring authority with the required statutory procedures (for example, you did not receive an important notice). An appeal to the court effectively suspends the CPO procedure.
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The information contained in this article is given for general information only and does not constitute legal advice on any specific matter.