The Scottish Government’s ambition to give communities across Scotland greater access
to purchase land for the benefit of local people is to be welcomed, but the ‘devil’s
in the detail,’ according to a Scottish Parliament committee.
MSPs on the Rural Affairs Committee have published a report over the Scottish Government’s
Community Empowerment (Scotland) Bill.
One of the proposed key aims is to simplify the right-to-buy process for urban and
rural communities living in Scotland.
Rob Gibson, committee convener said the Scottish Government’s plans can bring “equality
of opportunity” for Scotland’s urban and rural communities, while balancing the rights
of land owners.
Mr Gibson said: “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 Rural Affairs 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.
“Devil’s in the detail” of community right-to-buy proposals
26 January 2015