Events > Current Events
CPA Scotland: Reform of Compulsory Purchase in Scotland
.
When: Tuesday 28 October 2025 | Location: Burness Paull LLP, Edinburgh, EH3 9WJ | Timings: Registration: 13.00, Start: 13.30; Close: 18.00 | |
CPD Hours: 4 Hours | Price: Free | ||
The Scottish Government has, on the 18/09/2025, published its consultation on reforming Compulsory Purchase in Scotland. The various questions and commentary partially reveals a direction of travel for coming reform. Hear what the key issues are, listen to a debate amongst interested parties, join the discussion at the event, use it to engage and respond to the consultation and help shape the future of Compulsory Purchase in Scotland.
The legislation governing compulsory purchase in Scotland is widely acknowledged to be outdated and in need of reform. The Scottish Law Commission, in its 2016 report, concluded that “the legislation is old, difficult to understand and does not work effectively in a modern context”, and noted that consultees considered the current system (both procedurally and in relation to compensation) “does not operate fairly”.
The Scottish Government has committed to reform, allocated resources and over the past nine months engaged with stakeholders. A consultation paper to be published, with a likely three-month window for responses. This event is designed to equip practitioners - both those exercising CPO powers and those representing affected parties - with the opportunity to explore the issues in depth and contribute to the debate, ensuring informed and constructive responses to the consultation.
Well-designed reform can underpin political commitments, drive economic growth, and enable communities to benefit from compelling public projects. Poorly judged proposals, particularly where they seek to achieve social policy objectives without a deep understanding of the planning, compensation and compulsory purchase frameworks, risk creating unintended and damaging consequences.
The CPA in Scotland is committed to fostering a balanced and informed discussion. Practitioners, drawing on real-world evidence and professional experience, are uniquely placed to assist civil servants and legislators in making the right choices for a modern, effective CPO system.
Programme:
How have we got to here and what are we trying to achieve? An overview of the consultation measures
Panel discussion
Panel discussion
Q&A
The value of land and determining compensation reform
- Compensation touches landowner rights and CPO legitimacy. If mishandled, reforms risk undermining public trust and incurring legal costs
- Market Value, development value, fair value, Equity, betterment, home loss payments
- Hope value and land value capture
- Fairness, clarity and modern valuation methodology
- Intended benefits, unintended consequences, administrative complexity and judicial nightmares
Temporary possession and new rights: increase flexibility and reducing the need for permanent acquisition
- Temporary possession can reduce permanence of land acquisition. Misuse could lead to legal disputes - does it create clarity, savings and operational efficiencies?
- Proposed new power to create new rights in land
Panel discussion
Land reform, community rights and compulsory sale orders
- Community rights to buy
- Compulsory sale orders
Q&A; Next steps & Closing remarks
- How to be involved in shaping the reforms
- Engage with and support the CPA in Scotland. There is an autonomous committee with devolved powers but has a strong relationship with what happens through the UK
- Can we learn from the mistakes or weaknesses of the English?
- Emphasise the opportunity for attendees to shape legislative outcomes
Speakers:
Dougie Bowers, Head of CPO guidance, Valuation Office Agency; Chair of The CPA Scotland
John Sayer, Head of Regeneration, Ardent; Chair of The CPA
Tom Winter, Head of Development Management and Compulsory Purchase, Scottish Government
Elaine Farquharson-Black, Partner, Brodies LLP
Alasdair Sutherland, Partner and Solicitor Advocate, Burness Paull LLP
Rob McIntosh, Senior Lawyer, Aberdeenshire Council
Karen Hamilton, Partner, Brodies LLP