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Land Reform Policy Group: Recommendations for Action
 
 
Annex B: Summary of Final Recommendations as Compared to Provisional Views
LAND OWNERSHIP

Vision for the future

Possible legislation and other action to achieve this

Provisional view

Final recommendation

Private landowners in rural Scotland with more local involvement, greater commitment and accountability LO1 Encourage private owners to be more locally accountable and to be available or have accessible local representation Probably yes Yes: action without legislation
LO2 Introduce time for the assessment of the public interest in strategic sales Probably yes Yes: early legislation
LO3 Make more explicit Government support for use of compulsory purchase powers as a last resort to acquire land where this will assist implementation of local plans or other strategies Probably yes Yes: action without legislation
LO4 Regulate all (or major) land sales Probably not No: too bureaucratic and costly
LO5 Abolish national non-domestic rate relief on sporting land Maybe Further study
LO6 Reduce or abolish national non-domestic rate relief on agriculture and forestry Maybe but not yet Further study
LO7 Introduce land value taxation Maybe but not yet Further study
More scope for community ownership and management of local land where this can be sustainable LO8 Provide advice and support (including an enhanced Land Fund) for those considering community ownership or management Probably yes Yes: action without legislation
LO9 Introduce community right to buy at market value Probably yes Yes: early legislation
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 LO10 Streamline compulsory purchase powers to make acquisition of key sites as a last resort more effective where this will assist implementation of local plans or other strategies Probably yes following review Further study
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 LO11 Buy land on the open market for transfer to smallholders Probably yes Not a priority in current agricultural circumstances
LO12 Introduce compulsory leasing of land Probably not No: difficulties outweigh possible benefits
About the same level of ownership by public bodies, but with more local involvement and accountability and more employment of local people LO13 Issue guidance letters from Ministers to public bodies to require community involvement in management of all public land and to maximise employment of local people Probably yes Yes: action without legislation
LO14 Encourage increased Crown Estate accountability in Scotland Probably yes Yes: action without legislation
More local involvement and accountability and more employment of local people by non-Governmental organisations who own land in rural Scotland LO15 Encourage non-Governmental organisations to secure community involvement and employment of local people Probably yes Yes: action without legislation
 
LAW REFORM

Vision for the future

Possible legislation and other action to achieve this

Outdated and unfair feudal arrangements swept away Scottish Law Commission will bring forward proposals for feudal reform
Conditionality of land ownership where appropriate to reflect modern circumstances Scottish Law Commission has brought forward proposals for leasehold casualty reform
Scottish Law Commission will bring forward proposals for reform of real burdens
A more constructive approach to problem cases, including those relating to the foreshore and the seabed Scottish Law Commission to be invited to review and revise law of the foreshore and seabed

 

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