Land Reform Policy Group: Recommendations for Action

7. Action Without New Legislation

7.1 Some action to help deliver the vision is possible now, without having to enact new legislation. Across the board, there is considerable scope for using existing machinery in new and more appropriate ways to make a real difference.

7.2 The Group has identified a number of further initiatives that could also be taken now.

Public landowners

New requirements for all public bodies with rural landholdings in Scotland, which are answerable to the Secretary of State, should be set to ensure that they: have clearly identifiable and accessible local representation; develop and maintain a good relationship with those who live and work on or near their property; consult them over the development of land management plans; inform them and consult them about any significant changes; otherwise involve them in the management of their land; optimise the opportunities for employment of local people; and in general ensure a positive impact on local sustainable development. This could readily be done through the issue of guidance letters from the Secretary of State to these bodies. Discussions with each of the bodies concerned would be necessary to consider the practical implications of such requirements for their objectives. The aim would be to ensure that in general their actions have as positive an impact as possible on local sustainable development. Other public bodies with significant landholdings in Scotland such as the Crown Estate and the Ministry of Defence should be invited to do likewise.

Private landowners

A Code of Good Practice for rural landownership should be developed, compliance with which should wherever possible become a condition of public assistance. The Code should provide that major landowners (including non-Governmental organisations which are major landowners in Scotland) should be known locally and as far as possible should be readily available to the local community or, if not available personally, should have clearly identifiable and accessible local representation. The Code should also set out best practice for major landowners in terms of developing and maintaining a good relationship with those who live and work on or near their property, for example informing them and in some circumstances consulting them about any significant changes; otherwise involving them as appropriate in the management of their land; optimising the opportunities for employment of local people; and in general ensuring a positive impact on local sustainable development. The Scottish Office should seek contributions to the development of such a Code, both from rural and environmental bodies and interest groups and from relevant representative bodies including the Scottish Landowners' Federation, the Royal Institution of Chartered Surveyors, the National Farmers' Union of Scotland and the Scottish Crofters' Union.

Support for communities

A Scottish Land Fund is needed (funded from the National Lottery) to ensure that the scope for supporting viable community action is not unduly constrained by resource implications. This is expected to be set up shortly as a major new initiative under the New Opportunities Fund. Scottish Enterprise should also set up a Community Land Unit to support community land involvement outside of the Highlands and Islands area, within the terms of its existing remit to promote economic growth.

Compulsory purchase

The Government should give explicit support for the use of compulsory purchase powers as a last resort where this will assist implementation of local plans or other strategies (eg by SNH, Highlands and Islands Enterprise etc) adopted by public bodies such as Scottish Natural Heritage, Scottish Homes or the enterprise bodies. Possible changes must await the outcome of the comprehensive study of such powers already under way; but that should not impede the Government signalling in what circumstances it would expect local authorities and other public bodies to use their existing powers.

Land use

The integrated planning of rural land use at local level, involving all relevant interests including the local community, should be taken forward in the context of community planning. In rural areas, rural development strategies should be developed, and community aspirations and wishes should be taken account of by liaison at the local level. A Code of Good Practice on rural land use should be developed, clearly setting out standards for land uses such as agriculture, forestry, sporting and conservation as appropriate. A flexible approach will be needed, to keep pace with changing practice and for application across Scotland. Again, compliance with this Code should wherever possible become a condition of public assistance. Such a Code should draw out existing examples of sustainable development, presented as good practice to be followed. A Code pitched at a more strategic level could most usefully examine issues of integration of social, economic and environmental aspects, recommending a 'joined-up' approach towards rural land use. Current codes of practice and reference material in this area tend to deal with specific subjects at a greater level of detail. They might usefully be cross-referenced to a new overarching document. It will be important to involve land use practitioners and bodies with appropriate expertise in the compiling of such a Code, and research may be needed to develop it further. Initial steps should be taken to improve co-ordination of activity between public bodies responsible for land use matters and rural development. Further study should follow to refine the approaches taken in the light of experience.

Information about land

A new (non-authoritative) database on rural landholdings should be set up, as a publicly accessible, map-based record. It would consist of information which can be disclosed without new legislation, such as data currently held in the Register of Sasines and information volunteered by private sources. An existing public body should be given the task of collating and publishing the data, and this could also include information on land uses and official site designations.

Landlord and tenant

Some initial action to simplify agricultural arbitration could and should be taken, including appointing a smaller, more experienced arbiters' panel, with more training and general guidance. This would involve changes in the way the arbiters' panel is constituted, in the process of selecting members and in the simplification of documentation. In the same way, there should also be early action to promote wider opportunities for diversification, such as provision of model forms of agreement for tenants to obtain landowners' consent for diversified uses of land on the farm; amendments to grant scheme literature to clarify the position; and new guidance to arbiters or valuers in assessing the level of compensation at the termination of a tenancy in respect of woodlands established by the tenant.

Crofting

The Crofters Commission should act to encourage more community management of croft land by issuing guidance which illustrates the economies of scale and savings in individual time and effort which can be gained through pooling of resources, and highlights the successes achieved by community based businesses such as stock clubs and machinery pools. It should also take action to ensure that there is no bias against newcomers in crofting administration by adopting a policy to underlie its decisions on assignations and relets which allows greater transparency in decision making, gives no special priority to existing members of the crofting community and judges applicants for crofts primarily on the basis of their plans for the croft and the benefits their presence on the croft will bring to the wider local community. In addition, it should tackle absenteeism vigorously by continuing the present intensive review process and by following up cases of absenteeism identified which adversely affect local development so as to reach in each case a conclusion which is to the long-term benefit of the local community as a whole.

7.3 Such action would complement early land reform legislation.