Compulsory Purchase Reform in Scotland

Closes 19 Dec 2025

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Chapter 6 - Deciding a CPO - Considering objections

Once a CPO has been made and the relevant notices served, it is submitted to the Scottish Ministers for confirmation. The first section of chapter 6 of the consultation paper looks at what happens when a CPO is received by the Scottish Ministers and how objections are handled before a decision is taken on the Order.

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CPOs are sent to the team in the Scottish Government that handles casework for the relevant topic, such as housing, education or planning. Objections are sent directly to the Scottish Government; they are copied to the acquiring authority for any comments, which are then sent to the objectors for their views. This repeated process can lead to objections being withdrawn, but it can also take a long time and delay the case moving on.  

If there are no objections from statutory objectors, or they have all been withdrawn, the case is described as "unopposed". Scottish Ministers will then decide whether to confirm the CPO.

If there are objections from statutory objectors, the case will be passed to the DPEA (the Scottish Government Planning and Environmental Appeals Division) who will be appointed to hold a Public Local Inquiry (PLI), offer a hearing or invite written submissions. After doing so, the Reporter will prepare a report recommending whether the CPO should be confirmed. This report is sent to the casework team; they provide advice to the Scottish Ministers, who take the final decision.

Statutory objectors have a right to be heard. This can be at either a PLI or a hearing. Scottish Ministers decide which is used. Written submissions can be used if all statutory objectors agree to them. Non-statutory objections may also be considered by DPEA if Ministers feel they are significant.

Secondary legislation governs the procedures to be followed at a PLI. There are no statutory rules for conducting hearings or written submissions. In their absence, the rules for planning appeals are followed instead, adapted as necessary. Awards of expenses - where one party is ordered to pay the expenses of another party - can also only be made in relation to PLIs.

24. Should there be a statutory time period within which an opposed CPO should be referred to a Reporter after it has been submitted for confirmation?

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The process of allowing objectors and the acquiring authority to exchange comments may result in objections being withdrawn, but it can also cause delays (on average almost 7 months).

We are interested in whether there should be a statutory time period by which an opposed CPO should be referred to a Reporter. This could help to provide certainty and encourage negotiations to go more quickly. On the other hand, it could lead to potentially costly PLI or hearings being held when agreement might have been reached with more time. Larger CPOs with higher numbers of landowners will naturally take longer to resolve all the issues.

If a time limit was to be introduced, we would also need to consider how long it should be and what the start and end points would be. 

25. If there is to be a statutory time period, how long should it be?

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It would need to be long enough to enable key tasks to be carried out (e.g. checking CPO documentation, obtaining and circulating comments on objections) and to provide scope for objections to be withdrawn – but not so long as to defeat the purpose of specifying a time period.

26. Should express provision be made in legislation for objections to be considered through written submissions?

Written submissions could be used if Scottish Ministers consider it appropriate and statutory objectors agree.

27. Should the procedural rules for hearings and written submissions for CPO cases be set out in secondary legislation?
28. Do you agree that statutory objectors’ right to be heard at either a PLI or a hearing should be retained?

If there are objections from statutory objectors, the case will be passed to the DPEA who will be appointed to hold a Public Local Inquiry (PLI), offer a hearing or invite written submissions.

29. Should Scottish Ministers continue to decide whether a PLI or hearing is used?

If not, in what circumstances should a PLI be required?

30. Should provisions on awards of expenses be extended to cover cases where objections are considered through hearings and written submissions?