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Talks over voluntary sale of Pairc estate          24/12/12

Pairc landlord loses first court action in buyout row  

Talks over a possible voluntary sale of the Pairc estate on Lewis to the community are ongoing despite an outstanding court dispute over the crofting land.

Barry Lomas of Pairc Estate launched legal action against the Scottish Government when it sanctioned community-led Pairc Trust.’S bd to progress to takeover 20,000 acres of common grazings against his express wishes.

But the Court of Session declared that the Crofting right-to-buy aspect  under Part 3 of the Land Reform Act does not violate a landlord’s human rights.

Legal arguments about the validity of the community ballot is yet to be be heard at Stornoway Sheriff Court.

Pairc Trust, the community body leading the buyout, highlights that it is the Scottish Government which is has been taken to court rather than the Pairc Trust.

A Pairc Trust spokesman said: “We note the judgement with interest since it is relevant to our Part 3 (Crofting estate buyout) application.

“There is however still a long way to go. Assuming the landlord does not appeal the Court of Session judgement, other aspects of his appeal against the Scottish Government would fall to be heard in due course in the Stornoway Sheriff Court.

“Although we have had to use Part 3 of the Act in our efforts to buy the estate on behalf of the community, our preferred approach has always been and remains a voluntary transfer by the landlord on agreed terms.

“We continue to hope that recent discussions with the landlord will lead to an agreement for a voluntary transfer which we can recommend to the community.”

Cllr Philip McLean said: “As one of the local councillors I welcome this news but I know that there’s still a way to go in the process.

“In the meantime I understand the Pairc Trust remains in dialogue with the landlord over the potential land transfer.”