MSPs back Community Empowerment Bill "right to buy" aims
Backing for the principles, but a warning that "the devil is in the detail", has come from a Holyrood committee today in its stage 1 report on part of the Scottish Government’s Community Empowerment (Scotland) Bill.
Part 4 of the bill aims to give communities across Scotland greater access to purchase land for the benefit of local people. Reporting on these provisions, MSPs on the Rural Affairs, Climate Change & Environment Committee agree that the bill has potential, but report that "some fundamental issues are still to be addressed".
Highlighting some of these, committee convener Rob Gibson commented: “For example, the Government is yet to pin down an agreed definition of ‘eligible land’; which community bodies can apply to buy; and what kind of support will be in place to help communities fulfil their aspirations.
“The committee is also concerned that details on costs for communities and landowners, such as legal costs arising from appeals, costs to communities in preparing and developing proposals and bids and the costs to public bodies of providing support to communities remain unclear.”
The report notes that many stakeholders support the introduction of the new power extending the community right to buy where there is no willing seller, but the majority viewed it as a power of last resort, when other methods and negotiations had failed. They considered that the existence of the power would, however, have an important role in incentivising negotiation.
Other points made are that agricultural land should be exempt from right to buy unless it fails to meet “good agricultural and environmental condition”; and land which is intended for recognised conservation or environmental purposes should also be exempt.
Difficulties faced by communities seeking to exercise their right to buy will make it important that appropriate support and funding is available to all communities across Scotland. The committee also agrees with those who consider that the mapping requirements for community right to buy are excessive, and considers that there is a need to streamline the mapping process and simplify the information requirements.
Overall, the committee considers that the provisions of part 4 could have gone further, but views it as part of a wider process of land reform believes that, once amended as recommended by the committee, it should resolve many of the problems of the Land Reform (Scotland) Act 2003.
Mr Gibson added: “Scotland is engaged in a continuing and complex process of land reform. The committee agrees that the Government’s proposed changes have the potential to bring equality of opportunity for Scotland’s urban and rural communities, while balancing this with the need to protect the rights of landowners. However it is vital that the Government addresses the detailed issues which were highlighted in evidence so that Scotland’s communities can be properly supported in their ambitions to bring social, economic and environmental benefits to their areas and to future generations.”
The committee's report will inform consideration of the bill as a whole by the Local Government & Regeneration Committee, the lead committee on the bill. Other parts of the bill deal with community planning and participation, asset transfers, common good property and allotments.