Faculty insists on inquiry rights in compulsory purchase response
There should be no restrictions on the right of an objector to a compulsory purchase proposal to insist on an inquiry, the Faculty of Advocates has said.
In its response to the Scottish Law Commission's discussion paper on reforming the law of compulsory purchase, Faculty agrees that there is a strong case for major reform of law that mostly dates back to the 19th century. It calls for a new Act that does not merely consolidate the law but contains a new code.
However one area where Faculty supports the status quo is in the ability of statutory objectors – no reform is seen as needed as to who qualifies as such – to insist on an inquiry into a compulsory purchase order (CPO).
The Commission noted that a single objector could delay the progress of a development, adding: “That may be entirely appropriate, having regard to the importance of the issues for the individual landowner. On the other hand, it could be argued that a single objector, perhaps owning only a small part of the land covered by the CPO, should not be able to delay the project. It would be possible to introduce a requirement that only a given percentage of the affected landowners, or only a landowner of a given percentage of the land being acquired, should be able to insist upon an inquiry or hearing being held.”
Faculty however is “strongly of the view” that there should be no restrictions on the circumstances in which a statutory objector could insist on an inquiry.
“The state’s right to acquire private property from private individuals and companies, whilst necessary, has been described by the courts as a ‘draconian’ power and is one which should only be exercised after due consideration and due process”, the reponse states.
“The right to an inquiry should be absolute for anyone that could be directly affected by a CPO, regardless of the size of their property. It is important that there is an opportunity for evidence to be led and witnesses to be cross-examined. The right should therefore be to an inquiry rather than a hearing."
It argues that the right to an inquiry is an important element in ensuring that compulsory purchase law remains compliant with the European Convention on Human Rights.
However it agrees that it is desirable to ensure that inquiries are resolved as quickly as possible, provided proper scrutiny is given to each ground of objection.