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Identifying The Solutions

3 Land Reform: Vision for The Future
 
3.1 In its first consultation paper, the Group proposed that the overriding objective of land reform today should be to remove the land-based barriers to the sustainable development of rural communities. Sustainable development was defined as development that is planned with appropriate regard for its longer term consequences, and is geared towards assisting social and economic advances that can lead to further opportunities and enhanced life-chances for rural people whilst protecting the environment. This approach has been generally endorsed. As many respondents pointed out, this provides a basis for integrating land reform development within the wider context of strategy for rural development and with other emerging issues such as Agenda 2000.
 
3.2 The responses to the first consultation paper provide the basis for working up this general objective into a more detailed vision of the patterns of land ownership and land use which would be most likely to support such sustainable development in the future. The key themes of this emerging vision are:
  • increased diversity in the way land is owned and used, as the best way of dealing with damage to the local community or environment which can result from monopoly ownership, and of encouraging the fullest possible exploitation of rural development opportunities; and
  • increased community involvement in the way land is owned and used, so as to ensure that local people are not excluded from decisions which affect their lives and the lives of their communities.
 
3.3 The Group has translated this into the following vision for the future:
  • more local involvement, greater commitment and accountability by private landowners in rural Scotland;
  • more scope for community ownership and management of local land where this can be sustainable;
  • more scope for releasing land for housing and local development where this is sustainable and secures the retention and if possible the expansion of fragile rural communities;
  • more scope for smallholdings supporting a wide range of land-based and other economic activity where this is sustainable and secures the retention and if possible the expansion of fragile rural communities;
  • about the same level of ownership by public bodies, but with more local involvement and accountability and more employment of local people;
  • more local involvement and accountability and more employment of local people by non-Governmental organisations who own land in rural Scotland;
  • outdated and unfair feudal arrangements swept away;
  • conditionality of land ownership where appropriate to reflect modern circumstances;
  • a more constructive approach to problem cases, including those relating to the foreshore and the seabed;
  • more definitive information readily available about land ownership;
  • more broad-brush information readily available about land ownership;
  • more information readily available about beneficial owners;
  • more information readily available about public support relating to land;
  • better integration of policy for rural land use at national level;
  • more integrated planning of rural land use at local level;
  • more community involvement in decisions about rural land use;
  • more public access on a responsible basis;
  • more scope for diversity of agricultural tenancy arrangements;
  • simpler and cheaper arrangements for resolution of disputes between agricultural tenants and their landlords;
  • wider opportunities for tenant farmers to diversify;
  • greater protection for those who own property built on leased land;
  • more sustainable crofting communities;
  • more local involvement in and accountability for crofting administration;
  • much simplified crofting legislation and administration;
  • more (or at least not fewer) active crofters;
  • undertaking a wider range of land-based and other economic activity rather than predominantly agriculture.
3.4 The following Chapters consider what are the best options for legislation and other action to help achieve this. A wide range of possible options which might contribute to achieving different aspects of this vision is identified; and the legislative, administrative and cost implications of each are assessed. The Group will not make recommendations as to which options should be pursued until the responses to this second consultation paper have been taken into account. However the Group’s provisional views on the feasibility of each option are shown as either "Probably yes" or "Maybe" or "Probably not", together with a brief statement of explanation.

 

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