Together we’ve won a key battle, but Trump’s war on Menie continues.
In the wake of our campaign success that ensured Donald Trump withdrew the threat of compulsory purchase orders over the families of Menie, the Scottish Government have now launched a consultation on the use of Compulsory Purchase Orders (CPOs)*.
The government claim it is seeking to update guidance to local authorities and other organisations so that compulsory purchase orders ‘need not be a heavy-handed process‘**.
But we’ve commissioned a legal expert to review the government’s proposal and their key finding is that the goverment’s draft proposal encourages public authorities to use compulsory purchase more, and doesn’t adequately take into account the devastating effects it can have on someone’s home, family or business.
We can’t trust the government to ensure that the peoples’ voices are heard during this consultation.
We need to make our voices heard.
To save time and make it easy for you, our legal expert has prepared a pre-written email, below. Please feel free to add your own comments or alter the wording. Making it more personalised is a useful and important touch. And please don’t forget to add your name.
Please cut and past the wording below and send it to CPOcircularconsultation@scotland.gsi.gov.uk now.
And please let us know if you receive any response you feel we should be aware of. Many thanks.
It is vital that your voice is heard in the consultation.
Thank you so much for taking action to help safeguard the future of all our homes.
Please feel free to forward this email and encourage your friends to do the same.
* Scottish Government’s consultation page. It’s long. Our legal expert has done the work for you.
**The Press & Journal’s spin reporting here.
NOW FOR THE BIT TO CUT, PASTE, PERSONALISE AND EMAIL:
TO (via email) : CPOcircularconsultation@scotland.gsi.gov.uk
Directorate for the Built Environment
2J South Victoria Quay
Submission to Consultation on the Guidance on the Use of Compulsory Purchase
Please treat this as my response to the above consultation. I wish to make the following points about the draft circular:
- It is not necessary to change anything at present; the Scottish Law Commission will examine the law of compulsory purchase in the next few years, and the Scottish Government should await their recommendations;
- It does not define what a public interest is and how to distinguish between a private and a public interest.
- If the circular is to be published, it should be altered to make it clear that a development such as the Trump development at Menie would never be considered to be something that would meet the public interest tests;
- It does not properly respect the principles of sustainable development;
- It should recognise that those living in an area are best placed to know what is best for the area;
- It does not reflect the fear and upheaval that are caused by a proposal to compulsorily purchase land;
- It does not prevent another situation like Menie happening again, where residents have been in fear for years that they would lose their homes;
- It does not respect the rights of those who are subject to a compulsory purchase;
- It encourages local authorities to use compulsory purchase more often; this is unfair as there is no scheme of legal aid to allow individuals to obtain detailed advice or representation before an inquiry into a compulsory purchase;
- The draft is seriously deficient in respect of the proposal to resource public authorities with advice and expertise, ignoring those who most need advice – those facing losing their home or business.
In short, the draft circular encourages public authorities to use compulsory purchase more, but doesn’t adequately take into account the devastating effects it can have on someone’s home, family or business.
Revising the guidance on using compulsory purchase without considering the bigger picture is a mistake. The Scottish Law Commission will be looking at compulsory purchase in the next few years. This will look at all the issues, including how to ensure the process is fair to those most affected by a compulsory purchase, including the availability of advice.
Please acknowledge receipt of this consultation response and forward any responses to this email address.
YOUR NAME AND ADDRESS