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Land Reform (Scotland) Act 2003: Part 2
Community Right to Buy: Guidance
ANNEX B
COMPLETING THE APPLICATION FORM FOR REGISTERING A COMMUNITY INTEREST IN LAND
1. As indicated in section 1.6 of the guidance, in applying to register a community interest in land under Part 2 of the Land Reform (Scotland) Act 2003, you must use the official form contained in this pack, or attached as Schedule 1 to the Community Right to Buy (Forms) (Scotland) Regulations 2004, or downloaded from the Land Reform website at
http://www.scotland.gov.uk/about/ERADRA/LURP4/00017063/ApplForm.aspx
2. Your application form and supporting documents will be considered by Ministers and will be used to inform their decision as to whether or not your application to register an interest in land should be approved. It is essential, therefore, that your application is fully completed and all supporting documentation is attached.
3. This guidance on completing the form does not cover every question, as most are self-explanatory. Instead, it covers the main issues likely to arise, or the main points to note. These are as follows:
The application form
- CAPITAL LETTERS should be used wherever indicated and information in boxed areas should be clear and legible. Black ink should be used at all times.
- Additional pages may be attached where required, but you should indicate clearly on the form and on the additional page which question(s) it refers to.
- The application to register an interest in land does not require you to indicate the use to which you wish the registered land to be put, and there is no legislative requirement for you to do so. However, including general details of the proposed use may help to demonstrate how the land will be sustainable and how the community's registration would be in the public interest.
- Failure to complete the application form correctly will result in your application being rejected.
Maps and drawings
Maps, plans or drawings accompanying your registration form should comply with the Community Right to Buy (Specification of Plans) (Scotland) Regulations 2004.
- Ordnance Survey maps should be used to clearly identify the boundaries of the land to be registered.
- Maps and drawings should be to a standard scale and north must be shown.
- Metric measurements to two decimal places (e.g. 8.23 metres, 2.31 ha), and not imperial (e.g. 1 inch to 8 feet), should be used.
- Maps should contain sufficient surrounding details (fences, houses, etc.) to enable the position of the land to be accurately fixed.
- Drawings may be used to reinforce the accuracy of the location and dimensions of the land to be registered.
- Drawings which simply show a perimeter cannot be taken as accurate and should include diagonal measurements, angles at each change of boundary direction and National Grid co-ordinates supported by tape measure or Global Positioning System (GPS) along each boundary.
- Undefined boundaries should be accurately fixed to existing detail by metric measurements shown on the map/drawing.
- Maps showing the location of the land in relation to the settlement should show the boundaries of the postcode units. These should also be detailed in the description of the land given on the form.
- Any fishing or mineral rights subject to your registration should be clearly marked on your map, showing boundaries, etc. as above.
- Failure to provide clear and accurate maps, plans or drawings will result in your application being rejected.
Supporting documentation may include:
- A written list demonstrating all those supporting the registration.
- Proof that the CB is a company limited by guarantee.
- Details of postcode units/polling areas that cover:
1. The land which is to be registered, and
2. The area in which the community members are entitled to vote in the ballot.
- Any other supporting documentation that you think would assist with clarification of the content of your application.
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