The regeneration of Dunoon waterfront has taken another step forward with the Scottish Ministers’ confirmation of a CPO for the acquisition of land at Queen’s Hall.
In compulsory purchase cases, the Ministers must be satisfied on the merits of the case before confirming the order, even where there are no objections, or all objections are withdrawn (as was the case here).
In this instance, the Ministers were satisfied that the acquisition was proportionate and in the public interest, and that a fair balance had been struck between the need to protect the rights of landowners and the public interest.
It’s tempting to think that CPOs are always confirmed but this is not the case. In a recent English example involving a redevelopment scheme in Tower Hamlets, the Secretary of State excluded a parcel of land from the confirmed CPO as alternative proposals for that area had not been fully explored in discussions with the owner.
It therefore could not be said that the Council’s case for promoting the CPO outweighed the private interest of the landowner.