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Identifying The Solutions

2 Outcome of the Group’s first Consultation
 
2.1 The Group was delighted to receive 364 responses in total to the first consultation paper. Respondents had clearly put much time and effort into producing well thought out and carefully reasoned arguments. A significant number of the responses were lengthy and detailed and a number of respondents also included articles and additional reading.
 
2.2 Many of the responses came from various groups with a direct interest in land matters; but equally there were significant numbers of responses from individuals many of whom had personal experience of the issues raised. The overall breakdown of the responses is as follows:
  • 15 public bodies (Argyll & Islands Enterprise, Crofters Commission, Crown Estate, Highlands and Islands Enterprise, Historic Scotland, Lochaber Ltd, Ministry of Defence, North of Scotland Water, Scottish Environment Protection Agency, Scottish Homes, Scottish Land Court, Scottish Natural Heritage, Skye & Lochalsh Enterprise, the Secretary of State for Scotland’s Advisory Group on Education for Sustainable Development and agricultural staff in AEFD);
  • 15 local authorities (Aberdeenshire, Angus, Argyll & Bute, East Ayrshire, South Ayrshire, Fife, Highland, North Lanarkshire, South Lanarkshire, West Lothian, Moray, Perth & Kinross, Renfrewshire, Stirling and COSLA);
  • 3 community councils (Airth Parish, Mull and Stratherrick and Foyers): the disappointing number of responses from community councils highlighted the need for the Group to target them direct rather than through the Association of Scottish Community Councils. The Group will take this on board for the second consultation paper;
  • 4 political parties (Conservative and Unionist Party, Liberal Democrats Action for Land Taxation and Economic Reform, Scottish Green Party and the SNP);
  • 8 non-Governmental organisations (John Muir Trust, National Trust for Scotland, RSPB, Rural Forum, Scottish Council for Voluntary Organisations, Scottish Wildlife Trust, Shelter and Woodland Trust);
  • 13 professional or representative bodies (Association of Professional Foresters, Institute of Chartered Foresters, Landowners Group, Law Society of Scotland, National Farmers Union of Scotland (3), Royal Institution of Chartered Surveyors, Royal Scottish Forestry Society, Scottish Agricultural Arbiters Association, Scottish Crofters Union, Scottish Landowners Federation, Tenant Farmers Association);
  • 38 other organisations;
  • 78 landowners;
  • 42 land agents;
  • 20 tenant farmers;
  • 19 crofters;
  • 109 other individuals.
 
2.3 The main themes emerging from each category were as follows:
  • public bodies: most limited their comments to issues related to their remits; there was broad support for simplified compulsory purchase procedures, greater integration of rural policies and incentive schemes and cross compliance, and more easily accessible information about land;
  • local authorities: most took a broadly similar approach: they emphasised the need for greater local accountability, more access to information, greater integration of rural policy, streamlining of compulsory purchase powers and ability to intervene in land sales in the public interest; called for flexible tenancy arrangements and better procedures for dispute resolution; strongly favoured publication of details of those in receipt of grants and public moneys; emphasised the need to maximise access opportunities; there was general support in principle for bringing some aspects of agriculture and forestry development into the planning system, but concern over resource implications; and general resistance to any reduction in the scale of public land holdings;
  • community councils: expressed concerns about access to land for community use; and about the loss of rights of way; about lack of land for housing and the unwillingness of landowners to sell or let old houses; supported the concept of community forests; favoured integration of grant schemes; called for a simplified procedure for community acquisition of land, and time for assessment of public interest in land sales; called for easily accessible information about land ownership;
  • political parties: the views expressed naturally reflected the different party political approaches, but there was some consensus, for example about the need to co-ordinate land policies (two parties calling for the creation of a rural affairs ministry); about better access to information about land and incentives; about support for responsible access; about the need for local accountability and community involvement; for reducing crofting bureaucracy; only one party supported placing restrictions on foreign or corporate ownership; two parties supported the introduction of land value taxation;
  • non-Governmental organisations: agreed that management not ownership is the prime concern; called for better information; emphasised the need for community involvement and partnership; pointed out the local employment opportunities NGOs already provide; supported the development of codes of good practice, but called for clearer guidelines from Government and the integration of incentives; strongly supported flexible tenancy arrangements and diversification wherever possible; and expressed some concern that problems in the Highlands may dominate the debate;
  • professional or representative bodies: virtually all would oppose any prohibition on corporate or foreign ownership, believing that it is the management of land that matters; suggested that current planning procedures often inhibit sustainable development; generally supported the tenanted sector, endorsing reform of arbitration procedures and opportunities for diversification; some expressed opposition to extending planning control to agriculture and forestry; many advocated the introduction of a code of good practice; although some expressed support for the principle of community ownership, there were also real concerns over practicalities;
  • other organisations: these ranged from Deer Management Groups to the Carbeth Hutters Association, and accordingly there was a range of specific interests and views represented, but consensus emerged on greater local involvement in land use issues; more responsible access to land; more diversity of ownership and use;
  • landowners: most were broadly in favour of the status quo; were opposed to any increase in land regulation; argued that changes ill lead to a reduction in local development and employment; suggested that any diminution of their current rights would require compensation; emphasised their commitment to the land and the local community; but some recognised that there would be merit in some changes to ensure that all performed to the standards of the best;
  • land agents: much more uniform in their views than the landowners, and even more opposed to most kinds of change; emphasised the threat to income levels of increased land regulation; pointed out practical difficulties and unnecessary costs of intervention in land market; strongly favoured greater flexibility of agricultural tenancies;
  • tenant farmers: a notable proportion of tenant farmers asked for their views to remain confidential; there was a strong and often passionate belief in the right to buy; frustration was expressed at inability to diversify; difficulties in raising capital; endorsement of proposals to improve arbitration procedures; frustration when landlords unwilling to keep maintenance up;
  • crofters: largely in favour of regulation as a means of dealing with problems; attached importance to crofting as a way of life and to continuation of measures which would encourage and support it. However, there was no consistency of view over what these measures should be, with some expressing concern about the performance of the Crofters Commission; some supporting the existing right to buy; arguments for less restriction of decrofting, but also calls to tighten up control in these areas;
  • other individuals: representing nearly a third of responses, there was a great diversity of replies from individuals from all walks of life, indicating the level of interest and concern about land reform issues. It was clear that there is support for reform and clear areas of consensus as follows: more community involvement in land issues and local accountability; more diversity of ownership and use; better integration of rural policies and incentives; more access to information about land ownership and use; more public access on a responsible basis.
 
2.4 All responses (apart from those which senders have asked to be regarded as confidential) may be viewed at The Scottish Office Library in St Andrew’s House, Edinburgh.

 

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