Scottish Planning Series: Planning Circular 5 2011: Disposal of Surplus Government Land - The Crichel Down Rules

Exceptions from the obligation to offer-back

15. The following are exceptions to the general obligation to offer back:

1. Where it is decided on specific Ministerial authority that the land is needed by another department i.e. that it is not, in a wider sense, surplus to Government requirements. If, however, following any such transfer, the land, or part thereof, is deemed surplus to requirements then the obligation to offer-back under these Rules must be taken into account prior to any further disposal.

2. Where it is decided on specific Ministerial authority or, in the case of a local authority, where it is decided by a resolution of that local authority or by the exercise of a delegated power, that for reasons of public interest, the land should be disposed of as soon as is practicable to a local authority or other body with compulsory purchase powers. However, transfers of land between bodies with compulsory purchase powers may only be treated as exceptions to the obligation to offer-back if, at the time of transfer, the receiving body could have bought the land compulsorily if it had been in private ownership. Appropriations of land within bodies such as local authorities for purposes different to that for which the land was acquired may be treated as exceptions if the body has compulsory purchase powers to acquire land for the new purpose. If, however, following any such transfer or appropriation, the land, or part thereof, is deemed surplus to requirements then the obligation to offer-back to the original owner under these Rules must be taken into account prior to any further disposal.

3. Where, in the opinion of the disposing body, the area of land is so small that its sale would not be commercially worthwhile.

4. Where it would be mutually advantageous to the department and an adjoining owner to effect minor adjustments in boundaries through an exchange of land.

5. Where it would be inconsistent with the purpose of the original acquisition to offer the land back; as, for example, in the case of:

i. land acquired under section 57 of the Agriculture (Scotland) Act 1948;

ii. land which was acquired under the Distribution of Industry Acts or the Local Employment Acts, or under any legislation amending or replacing those Acts, and which is resold for private industrial use;

iii. where dwellings are bought for onward sale to a Registered Social Landlord ( RSL);

iv. where sites are purchased for economic development purposes by Scottish Enterprise or Highlands and Islands Enterprise.

6. Where a disposal is in respect of either:

i. a site for development or redevelopment, which has not materially changed since acquisition, and which comprises two or more previous land holdings; or

ii. a site which consists partly of land which has been materially changed in character and part which has not

and there is a risk of a fragmented sale of such a site realising substantially less than the best price that can reasonably be obtained for the site as a whole i.e. its market value. In such cases, however, any former owner who has remained in continuous occupation of the whole or part of his or her former property (by virtue of tenancy or licence) will be given a right of first refusal of that property or part of property, as the case may be. In the case of land to which i. above applies, special consideration will be given to a consortium of former owners which has indicated a wish to purchase the land collectively. However, if there are competing bids for a site, it will be disposed of on the open market.

7. Where the market value of land is so uncertain that clawback provisions would be insufficient to safeguard the public purse and where competitive sale is advised by the department's professionally qualified, appointed valuer and specifically agreed by the responsible Minister.

16. Where it is decided that a site does fall within any of the exceptions in Rule 15 or the general exception relating to material change (see Rule 10) the former owner will be notified of this decision using the same procedures for contacting former owners as indicated in paragraphs 18 - 20 below. (However, there is no requirement for the disposing department to await a response.)