Pairc estate buyout dispute 30/8/10
The outcome of Scotland’s first hostile crofting estate takeover under the untested Land Reform Act may be known in eight weeks.
The bid by residents in Pairc on Lewis has now exhausted a lengthy process barring
the final decision over the go-
But the first use in anger of the previous Labour administration’s flagship policy may be upset by court action which will examine the legality of the application under the law which has been untested since its launch in 2003.
Estate owner Barry Lomas has secured a judicial review and seeks to throw out the buyout bid. He also wants £760,000 from the Pairc Trust or the Scottish Government, for dealing with the buyout application.
The court action risks delaying the final buyout outcome until February by which time the price tag could soar well out of reach if a giant wind farm is approved first.
If delayed planning permission is granted for Scottish and Southern Energy’s £120 million scheme on the Pairc moor then the value of the land dramatically increases overnight.
Mr Lomas previously hampered the land reform law by hiving off the renewable energy rights into a separate entity from the land. The former Scottish Executive was forced to bring in a new law to counter his successful tactic.
The landlord’s legal action follows claims that crucial aspects of the buyout bid under the Land Reform Act are against the European Convention of Human Rights.
Mr Lomas wants to overturn the Scottish Government’s backing of the Pairc buyout process.
He is also challenging the takeover ballot held in December when residents voted
two to one to purchase the contentious energy leases, plus sporting and mineral rights
on the land.
The overall community was 195 people in favour with 87 against. The turnout
was 75% and the results were very similar to a previous ballot.
If the community
secures the 20,000 acres of crofters moorland grazings then Mr Lomas would be left
as landlord of only 5000 acres of individual tenanted crofts.
The Scottish Government wants both sides to go to mediation but Mr Lomas has not confirmed his stance.
Angus McDowall, chairman of Pairc Trust, said: “I find it extraordinary that the landlord is apparently being allowed to succeed in his transparent strategy of continuing to frustrate the wishes of the community.
“We have done everything asked of us by Ministers under the legislation, and have a sound case.
“I would ask that Ministers now proceed to take a decision on our applications as soon as possible, and do not allow the landlord’s legal and financial bullying tactics to succeed.
He added: “It is ironic that the landlord, after 85 years of his family doing nothing to promote development projects, is now engaged in a local charm offensive, the only aim of which is to undermine the Pairc Trust. If we have achieved nothing else, at least the landlord is now talking about local economic development.
“As for mediation, we have always made it clear that we are prepared to discuss a voluntary transfer with the landlord if he is willing to do so. We would do so from a position of strength, believing that our legal and moral case to purchase the estate on behalf of the community is convincing.”
Mr Lomas was not available for comment.