This item was published during the term of a previous administration that ended in April 2007
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Land Reform Barriers Will be Swept Away: Dewar
05/01/1999
Proposals for the most far-reaching reform ever of Scotland's system of land ownership were today unveiled by Scottish Secretary Donald Dewar.
The measures will include:
· new powers to allow time to assess the public interest in sales of major properties in areas with remote fragile communities
· the right for a community to buy such land when it comes on to the market
· a new power of compulsory purchase in the public interest, specifically and carefully targeted to ensure that the community's right to buy is not evaded by, for example, a sale which involves trading a company's shares rather than the land itself.
Announcing the final recommendations of the Government's Land Reform Policy Group, Mr Dewar said: "Land reform, for so long an issue out of the spotlight, has now moved firmly centre stage. There is a consensus across Scotland that legislation to break down centuries-old barriers to land reform should be one of the first acts of the Scottish Parliament.
"The twin themes of public accountability and community involvement form the basis of the proposed legislation. These proposals reflect this Government's commitment to modernising Scotland, and put people at the heart of land reform."
On the two consultations carried out last year by the Land Reform Policy Group, the second of which elicited more than 850 responses from organisations and individuals, Mr Dewar said: "There was a remarkable degree of agreement about what most needs to change and the key priorities."
Among issues of high priority is law reform. The Scottish Secretary pointed to proposals currently being developed by the Scottish Law Commission on reform of the feudal system and reform of real burdens. "Burdens are often outdated, and can be abused. Reform is essential," he said.
Mr Dewar also pointed to scope for early legislation on agricultural holdings, to provide more flexible tenancy arrangements, simplify dispute resolution, and allow wider diversification by farm tenants. He added: "For the present at least, I do not envisage that such legislation could realistically include even a limited tenants' right to buy: the practical difficulties are immense.
"We also propose reform of crofting: to give all crofting communities a right to acquire their land at any time, remove barriers to the creation of new crofts, allow for the possibility of extending crofting tenure to new areas within the Highlands and Islands, and simplify the regulatory burden of crofting legislation."
The Scottish Secretary also promised action on land reform which does not require legislation, including:
· setting up a substantially enhanced Lottery-funded land fund, and asking Scottish Enterprise to set up a community land unit of its own;
· setting new requirements for public bodies who own land to increase local community involvement;
· signalling to local authorities and other public bodies the Government's support for the use of existing compulsory purchase powers;
· developing codes of good practice for land ownership and on rural land use.
Mr Dewar emphasised that the process of taking the proposals forward would be done as openly as possible, taking advantage of help from all sides. He ended:
"Working together, I am confident that we can deliver a land reform agenda for the 21st century."
BACKGROUND
1 The Land Reform Policy Group was set up in October 1997, with the remit:
"to identify and assess proposals for land reform in rural Scotland, taking account of their cost, legislative and administrative implications and their likely impact on the social and economic development of rural communities and on the natural heritage".
2 It is chaired by Lord Sewel, Minister for Agriculture, the Environment and Fisheries, and its membership mainly comprises Scottish Office civil servants.
3. The proposals announced today include:
· a power to allow time to assess the public interest in sales of major properties, to be focused on areas where remote fragile communities need special help and protection;
· provision for a community right to buy when land above a certain scale comes on the market, allowing suitable community groups to buy at a price to be set by a government-appointed valuer;
· a new power of compulsory purchase in the public interest, to deter evasion;
· a reserve power for Ministers to investigate where there are uncertainties about who ultimately benefits from a particular property, to underpin the generally voluntary approach to information about land;
· a power to support the creation of a publicly accessible database on landholdings; and
· a right of responsible access to land, taking account of privacy, land management and conservation needs.
4. The Government is also proposing further study of a number of other issues, from which a second phase of legislation may well result, for example:
· evaluating the impact of new planning guidance on rural development;
· reviewing, with a view to reform, of the law of the foreshore and seabed;
· evaluating the possible economic impact of moving to a land value taxation basis.
5. The Group has produced two consultation papers: "Identifying the Problems" in February; and "Identifying the Solutions" in September.
News Release: 0005/99
5 January, 1999