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Plans to give communities greater land purchasing powers require close scrutiny

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Plans to give communities greater land purchasing powers require close scrutiny

The Scottish government’s plans to give communities across Scotland greater access to purchase land for the benefit of local people must be scrutinised closely the Scottish parliament’s Rural affairs, climate change and environment committee has said.

The committee’s comments come as it publishes a report on aspects of the government’s Community Empowerment (Scotland) Bill.

One of the key aims of the proposed bill is to simplify the “right-to-buy” process for urban and rural communities living in Scotland.

Rob Gibson MSP, convener of the committee said: “The committee agrees that the government’s proposed changes have the potential to bring equality of opportunity for Scotland’s urban and rural communities, while balancing this with the need to protect the rights of land owners.

“However it is vital that the government addresses the detailed issues which were highlighted in evidence so that Scotland’s communities can be properly supported in their ambitions to bring social, economic and environmental benefits to their areas and to future generations.”

Mr Gibson added:“The devil’s in the detail and some fundamental issues are still to be addressed.”

“For example, the government is yet to pin down an agreed definition of ‘eligible land’; which community bodies can apply to buy; and what kind of support will be in place to help communities fulfil their aspirations.”

“The committee is also concerned that details on costs for communities and landowners, such as legal costs arising from appeals, costs to communities in preparing and developing proposals and bids and the costs to public bodies of providing support to communities remain unclear.”

The committee’s report highlights a range of issues, including:

  • Many stakeholders support the introduction of the new power extending the community right-to-buy where there is no willing seller, but the majority viewed it as a power of last resort, when other methods and negotiations had failed. They considered that the existence of the power would, however, have an important role in incentivising negotiation.

  • Agricultural land should be exempt from right to buy unless it fails to meet “good agricultural and environmental condition”.

  • Land which is intended for recognised conservation or environmental purposes should also be exempt from right to buy.

  • The difficulties faced by communities seeking to exercise their right to buy and the importance that appropriate support and funding is available to all communities across Scotland.

  • The Committee agrees with those stakeholders who consider that the mapping requirements for community right-to-buy are excessive and considers that there is a need to streamline the mapping process and simplify the information requirements.

  • The provisions of the Bill could have gone further, but the Committee views the Bill as part of a wider process of land reform and the considers that, once amended as recommended by the Committee, should resolve many of the problems of the Land Reform (Scotland) Act 2003.

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