Part 4: Criteria for large-scale landholdings
1. Do you agree or disagree with the criteria proposed for classifying landholdings as ‘large-scale’:
a) A fixed threshold of 3,000 hectares Agree Radio button: Not checked Agree | a) A fixed threshold of 3,000 hectares Disagree Radio button: Not checked Disagree | a) A fixed threshold of 3,000 hectares Don't know Radio button: Checked Don't know |
b) Land that accounts for more than a fixed percentage of a data zone (or adjacent data zones) or local authority ward(s) designated as an Accessible Rural Area or Remote Rural Area, through our six-fold urban/rural classification scheme Agree Radio button: Checked Agree | b) Land that accounts for more than a fixed percentage of a data zone (or adjacent data zones) or local authority ward(s) designated as an Accessible Rural Area or Remote Rural Area, through our six-fold urban/rural classification scheme Disagree Radio button: Not checked Disagree | b) Land that accounts for more than a fixed percentage of a data zone (or adjacent data zones) or local authority ward(s) designated as an Accessible Rural Area or Remote Rural Area, through our six-fold urban/rural classification scheme Don't know Radio button: Not checked Don't know |
c) Land that accounts for more than a specified minimum proportion of a permanently inhabited island Agree Radio button: Checked Agree | c) Land that accounts for more than a specified minimum proportion of a permanently inhabited island Disagree Radio button: Not checked Disagree | c) Land that accounts for more than a specified minimum proportion of a permanently inhabited island Don't know Radio button: Not checked Don't know |
Please give some reasons for your answers and outline any additional criteria in the text box below:
Some criteria has to be set for defining a landholding that is considered large and the criteria seems reasonable although a bit surpsrising only 20% of Scotland's land mass is covered. Per Andy Wightman's book, The Poor Had No Lawyers, the 100th biggest estate has around 8500 hectares so at least those and more would be covered, which are presumably the sort of holdings that need to be dealt with most urgently.
2. Do you agree or disagree that family farms should be exempt from the proposals outlined in Parts 5 to 7 even if they are classified as a ‘large-scale’ landholding?
Please select one item
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Agree
Radio button:
Ticked
Disagree
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Don't know
Please give some reasons for your answer in the text box below:
It is possible to see that large estates could graze small numbers of livestock to meet the definition of a family farm.
There is also the issue of the environmental impact of cattle farming in terms of the run-offs from fields going into rivers as well as the methane produced, the lack of biodiversity on farmland, the killing of animals such as foxes, pinemartens, sea eagles etc.
There is also the issue of the environmental impact of cattle farming in terms of the run-offs from fields going into rivers as well as the methane produced, the lack of biodiversity on farmland, the killing of animals such as foxes, pinemartens, sea eagles etc.
3. Do you think that the proposals considered in this consultation should be applied to the urban context?
Please select one item
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Yes
Radio button:
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No
Radio button:
Ticked
Don't know
Please give some reasons for your answer in the text box below:
As mentioned, the urban context is to be considered in a different bill.
Part 5: Strengthening the Land Rights and Responsibilities Statement
4. We propose that there should be a duty on large-scale landowners to comply with the Land Rights and Responsibility Statement and its associated protocols. Do you agree or disagree with this proposal?
Please select one item
Radio button:
Ticked
Agree
Radio button:
Unticked
Disagree
Radio button:
Unticked
Don't know
Please give some reasons for your answer in the text box below:
I think at least in the short term this is a measure that improves the use of some of the more problematic estates, where an owner has no interest in engaging with local communites and might try to block access to land for example, or else have frequent raptor deaths on their land.
5. If there was a legal duty on large-scale landowners to comply with the Land Rights and Responsibility Statement and its associated protocols, we propose that this should be enforced by having a formal procedure for raising complaints, and by making provisions for independent adjudication and enforcement.
Please select one item
Radio button:
Ticked
Agree
Radio button:
Unticked
Disagree
Radio button:
Unticked
Don't know
Please select one item
Radio button:
Unticked
Agree
Radio button:
Unticked
Disagree
Radio button:
Ticked
Don't know
Community Agree Radio button: Checked Agree | Community Disagree Radio button: Not checked Disagree | Community Don't know Radio button: Not checked Don't know |
Charity Agree Radio button: Checked Agree | Charity Disagree Radio button: Not checked Disagree | Charity Don't know Radio button: Not checked Don't know |
Public sector Agree Radio button: Checked Agree | Public sector Disagree Radio button: Not checked Disagree | Public sector Don't know Radio button: Not checked Don't know |
Please provide some reasons for your answers and any additional suggestions in the text box below:
Community groups clearly should have a remit to make a complaint to an adjudicator. Some community groups do not have charitable status as they have a business development aim that can preclude this.
Presumably housing associations fall into at least one of these categories.
Presumably housing associations fall into at least one of these categories.
the Scottish Government Yes Radio button: Checked Yes | the Scottish Government No Radio button: Not checked No | the Scottish Government Don't know Radio button: Not checked Don't know |
a public body (such as the Scottish Land Commission) Yes Radio button: Not checked Yes | a public body (such as the Scottish Land Commission) No Radio button: Not checked No | a public body (such as the Scottish Land Commission) Don't know Radio button: Checked Don't know |
Please provide some reasons for your answers and any additional suggestions in the text box below:
The responsibility for investigating and dealing with complaints should lie with a body that is accountable to the general public as decisions need to be tranparent and explained.
Recommendation for a mediation process Yes Radio button: Not checked Yes | Recommendation for a mediation process No Radio button: Not checked No | Recommendation for a mediation process Don't know Radio button: Not checked Don't know |
Recommendation on how the landowner or governing body could comply with the Codes of Practice/protocols Yes Radio button: Not checked Yes | Recommendation on how the landowner or governing body could comply with the Codes of Practice/protocols No Radio button: Not checked No | Recommendation on how the landowner or governing body could comply with the Codes of Practice/protocols Don't know Radio button: Not checked Don't know |
A direction to the landowner or governing body to implement changes to operational and/or management practices Yes Radio button: Checked Yes | A direction to the landowner or governing body to implement changes to operational and/or management practices No Radio button: Not checked No | A direction to the landowner or governing body to implement changes to operational and/or management practices Don't know Radio button: Not checked Don't know |
Financial penalties Yes Radio button: Checked Yes | Financial penalties No Radio button: Not checked No | Financial penalties Don't know Radio button: Not checked Don't know |
‘Cross-compliance’ penalties Yes Radio button: Checked Yes | ‘Cross-compliance’ penalties No Radio button: Not checked No | ‘Cross-compliance’ penalties Don't know Radio button: Not checked Don't know |
6. Do you think the proposal to make the Land Rights and Responsibility Statement and its associated protocols a legal duty for large-scale landowners would benefit the local community?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Don't know
Part 8: New conditions on those in receipt of public funding for land based activity
27. Do you agree or disagree with these requirements?
Requirement i. Agree Radio button: Checked Agree | Requirement i. Disagree Radio button: Not checked Disagree | Requirement i. Don't know Radio button: Not checked Don't know |
Requirement ii. Agree Radio button: Checked Agree | Requirement ii. Disagree Radio button: Not checked Disagree | Requirement ii. Don't know Radio button: Not checked Don't know |
Part 11: Transparency: Who owns, controls and benefits from Scotland’s Land
41. Do you agree or disagree with our proposal to explore:
Who should be able to acquire large-scale landholdings in Scotland Agree Radio button: Checked Agree | Who should be able to acquire large-scale landholdings in Scotland Disagree Radio button: Not checked Disagree | Who should be able to acquire large-scale landholdings in Scotland Don't know Radio button: Not checked Don't know |
The possibility of introducing a requirement that those seeking to acquire large-scale landholdings in Scotland need to be registered in an EU member state or in the UK for tax purposes Agree Radio button: Checked Agree | The possibility of introducing a requirement that those seeking to acquire large-scale landholdings in Scotland need to be registered in an EU member state or in the UK for tax purposes Disagree Radio button: Not checked Disagree | The possibility of introducing a requirement that those seeking to acquire large-scale landholdings in Scotland need to be registered in an EU member state or in the UK for tax purposes Don't know Radio button: Not checked Don't know |
Please give some reasons for your answer in the text box below:
Having acted for some estates in preparing financial statements, I have seen first hand how having the land within a foreign owned entity can be used to avoid income tax, corporation tax, capital gains tax, inheritance tax and VAT. It can also hide the ownership of the land as the company register can be kept private. Such entities are supposedly run from places like Guernsey where local people are set up as the supposed directors - which is a complete fiction that should be clamped down on by HMRC anyway, but is not. Introducing a stipulation that an owner must be registered within the UK would end this situation and the owner of the land would then be subject to UK taxes. They could also not quietly pass on the shares in a company to an heir, for example, while avoiding CGT.
I feel strongly that rules should be introduced for any estate that has a renewables development on it, such as a windfarm - that income from these developments cannot be sheltered offshore. Particularly where an estate benefits purely from a rent based on a % of income generated - this is very much a windfall for estates, that have benefitted massively from such developments. This makes them very attractive to prospective buyers but also significantly strenghtens estates in terms of allowing them to pay lobbyists as well as making it much more valuable that the estate remains in private hands. There is also a huge incentive to avoid UK tax on such income.
It is also normal in other countries to place restrictions on foreign ownership and, due to the importance of our land to the wellbeing of our people, estates should not be allowed to be used as investments to be bought and sold to the highest bidder on an international scale.
I feel strongly that rules should be introduced for any estate that has a renewables development on it, such as a windfarm - that income from these developments cannot be sheltered offshore. Particularly where an estate benefits purely from a rent based on a % of income generated - this is very much a windfall for estates, that have benefitted massively from such developments. This makes them very attractive to prospective buyers but also significantly strenghtens estates in terms of allowing them to pay lobbyists as well as making it much more valuable that the estate remains in private hands. There is also a huge incentive to avoid UK tax on such income.
It is also normal in other countries to place restrictions on foreign ownership and, due to the importance of our land to the wellbeing of our people, estates should not be allowed to be used as investments to be bought and sold to the highest bidder on an international scale.
Part 12: Other land related reforms
42. Do you have any views on what the future role of taxation could be to support land reform?
Please write your answer in the text box below:
As I have previously stated, it is imperative that estates in Scotland are subject to UK taxes and cannot be sheltered offshore. Particularly where there are renewables developments, which are extremely lucrative (often for no outlay on the part of the estate) these must be subject to UK tax as a minimum.
It does also seem that large scale estates should be subject to a land tax where they are privately owned. Waiting on estates to be put up for sale and trusting owners to play by the intended rules, will take too long for anything to change. Where land is held in a territory with a closed company register (such as Guernsey), the shares can be transferred without anyone knowing. A land tax could not be avoided and would provide an incentive to reduce a land holding - which might produce some quicker action - in bringing estates to sell off bits of land potentially to smaller owners.
It does also seem that large scale estates should be subject to a land tax where they are privately owned. Waiting on estates to be put up for sale and trusting owners to play by the intended rules, will take too long for anything to change. Where land is held in a territory with a closed company register (such as Guernsey), the shares can be transferred without anyone knowing. A land tax could not be avoided and would provide an incentive to reduce a land holding - which might produce some quicker action - in bringing estates to sell off bits of land potentially to smaller owners.
Part 15: About you
Are you responding as an individual or an organisation?
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(Required)
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Individual
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Organisation