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We need to talk about Land Reform


In June of this year, the recently appointed First Minister, Nicola Sturgeon, set out her government’s radical proposals for Land Reform. At the heart of these proposals was the message from Ms Sturgeon, that “Scotland’s land must be an asset that benefits the many, not the few”.


When we think about this statement and actually look to the figures of land ownership in Scotland, the data shows that 50 per cent of the land in Scotland is owned by less than 450 people.


It is this perceived disparity in ownership that has been the primary motivator behind the drive for Land Reform.


One of the most radical Land Reform proposals, which seeks to tackle ‘land inequality’, is to furnish local communities with a new right to ask the government to force a landowner to sell their land. This would be in circumstances where the owners of the land were deemed to be blocking sustainable development and would potentially allow the local community to use that land for its benefit.


In addition, the Land Reform Bill proposes to end tax relief for shooting estates. (In 1994, landowners on sporting estates stopped paying business rates after the introduction of an exemption by then prime minister John Major’s Conservative government.) The Scottish Government has proposed that by ending the tax exemption, the additional revenue created would treble the Scottish Land Fund - which would continue to be used to assist


community buyouts of land - from £3m this year to £10m a year from 2016. Again, this proposal is aimed at enabling communities in Scotland to use the land surrounding them for their benefit.


In order for the Government’s proposals to be effective, there needs to be in place, open, clear and stable dialogues between the communities and landowners concerned and the decision makers.


For example, the decision to force a landowner to sell is not one to be taken lightly, as it would interfere with landowner’s property rights and could also jeopardise the jobs of those employed on estates. Each community has its own specific characteristics and needs, and each landowner is different most actively and positively engaged with their local communities but a few perhaps not so. Decision makers would therefore need to commit the time to properly engage with communities and landowners to analyse each situation in turn.


Without such communication, decisions to force the sale of land simply could not be made, as the decision makers would not be equipped with sufficient understanding of local dynamics to make a decision that, ultimately, carries so much weight.


However, there are already a great many landowners who are already reaping the benefits of community engagement and involvement in relation to their land. For example, where a landowner has a redundant


walled garden on their estate, the upkeep and maintenance costs can be substantial, but the ground itself may not be being put to best use. A walled garden can make an excellent location for community allotments.


Another example is in relation to landowners who have lochs or ponds on their land, which could be utilised by community groups as part of an overarching local nature conservation/education plan.


Whilst it is clear that such community engagement is already taking place, the Land Reform Bill makes provision for the creation of a platform to encourage such engagement. The Bill sets out that the Scottish Ministers must issue “guidance” about “engaging communities” in decisions relating to land which may affect communities and more details will be published on this in due course.


Ultimately amidst the hyperbole of the more radical aspects of the Land Reform proposals, we should focus on what is, arguably, the most important aspect of Land Reform: Community Engagement. In order to properly ensure that Scotland’s land is an “asset that benefits the many”, the Scottish Government needs to ensure an equitable balance is struck between the interests of all stakeholders.


For further information and advice on the potential impact of Land Reform and the benefits of community engagement please contact James Rust or Gail Watt on 0131 247 1000.


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