Consultation On The Proposed Community Empowerment - Scottish ...

5.42 Local authorities raised a number of issues in their responses including:
the potential cost;
the risks of challenge if the objectives were unclear; and
whether the community group is representative.
5.43 The risk of challenge if a compulsory purchase order is seen to favour the
interests of one party over another was also raised by the private sector.
5.44 Several points were made regarding any potential legislation:
Reference was made to the current review of compulsory purchase law
by the Scottish Law Commission. It was suggested that it would be
useful to await the findings.
Current legislation might need strengthened to make “community
benefit” a ground for compulsory purchase - or the “well-being” ground
introduced in England should be considered.
5.45 Some examples of good practice under the existing arrangements were also
noted:
“... progressive local authorities ... are working with
communities to purchase, protect and hold in trust assets on
behalf of communities. Glasgow City Council’s acquisition of
the former St Margaret’s Church in Oatlands being a good
example.”
(Link Group)
5.46 A minority of respondents gave their views on what issues (in addition to
existing legal requirements) would have to be considered when developing
any “right to request” compulsory purchase.
5.47 Issues not previously highlighted included:
the need for a clearly agreed end use;
the need for a robust business plan and the capacity to deliver it;
legitimacy (of the project and organisation), and appropriate governance
arrangements on the part of the community group; and
the need for an agreed ‘exit strategy, if the project failed at a future date.
5.48 Respondents suggested that there should be a duty on the part of local
authorities to consider any request and to give reasons for any decision to
decline a request. Safeguards in the event of vexatious or self-interested
requests were also mentioned as potentially being required. Many
respondents acknowledged that compulsory purchase should be seen as a
last resort.
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