Written Question · S2W-14654 · Session 2
Under what circumstances it authorises compulsory acquisition of abandoned properties; how long the process takes, and how a community or n…
The question
To ask the Scottish Executive under what circumstances it authorises compulsory acquisition of abandoned properties; how long the process takes, and how a community or neighbours can instigate the process.
The answer
There are no special powers or procedures relating to compulsory purchase of properties that appear to be abandoned. Such properties could be included in compulsory purchase orders promoted for a range of purposes.
Powers to instigate compulsory purchase are available to a wide range of bodies, including government departments, most government agencies and local authorities. In some cases these require to be confirmed by the Scottish ministers. Ministers will confirm an order if they are satisfied that it has been properly made and fits within the statutory powers used; that no other issues, such as planning considerations, prevent the local authority from achieving the purpose for which the order is made, and that the public benefit of the purchase outweighs the loss to the individual.
Although there is no overall statutory timetable for the consideration of a compulsory purchase order, various time periods do apply to distinct parts of the process. The length of the process depends on a number of factors which may include the nature of the development intended, the amount and nature of objections and whether a public local inquiry is necessary. The interval between any resolution to make a compulsory order and the Scottish ministers’ decision on that order should be kept to an absolute minimum.
If neighbours are concerned about a property which is in disrepair, they should approach the local authority to discuss what action can be taken. There may be other options to be considered before moving to compulsory purchase.
Powers to instigate compulsory purchase are available to a wide range of bodies, including government departments, most government agencies and local authorities. In some cases these require to be confirmed by the Scottish ministers. Ministers will confirm an order if they are satisfied that it has been properly made and fits within the statutory powers used; that no other issues, such as planning considerations, prevent the local authority from achieving the purpose for which the order is made, and that the public benefit of the purchase outweighs the loss to the individual.
Although there is no overall statutory timetable for the consideration of a compulsory purchase order, various time periods do apply to distinct parts of the process. The length of the process depends on a number of factors which may include the nature of the development intended, the amount and nature of objections and whether a public local inquiry is necessary. The interval between any resolution to make a compulsory order and the Scottish ministers’ decision on that order should be kept to an absolute minimum.
If neighbours are concerned about a property which is in disrepair, they should approach the local authority to discuss what action can be taken. There may be other options to be considered before moving to compulsory purchase.
In the Official Report
No contribution in the Official Report cites S2W-14654 by reference.