Response 395555829

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Land Rights in 21st Century Scotland

1. Do you agree that the Scottish Government should have a stated Land Rights and Responsibilities Policy?

Please select one item
Ticked Yes
No

3. Considering your long term aspirations for land reform in Scotland, what are the top three actions that you think the Scottish Government should take?

Action One:
Land Use Survey - seeking to establish the best use to which land can be developed
Action Two:
Inheritance - To ensure that there will always be continuity of land management in th best interests of the land and the local community by a land management team resident on the land in question and/or closely associated with it.
Action Three:
That land ownership should be seen as holding land in trust for the people and the communities of Scotland and which should allow reasonable access to the land provided it does not disturb the agreed form of land management.

A Scottish Land Reform Commission

4. Do you agree that a Scottish Land Reform Commission would help ensure Scotland continues to make progress on land reform and has the ability to respond to emergent issues?

Please select one item
Ticked Yes
No

5. What do you think the advantages or disadvantages of having a Scottish Land Reform Commission would be?

Advantages:
To establish a Land Use Survey To negotiate with land-owners how they might best use their land and what level of access individuals and communities can have to their land.
Disadvantages:
Bureaucracy and centralisation of decision making remote from the communities living adjacent to the land in question.

Limiting the legal entities that can own land in Scotland

7. Do you agree that restricting the type of legal entities that can, in future, take ownership or a long lease over land in Scotland would help improve the transparency and accountability of land ownership in Scotland?

Please select one item
Ticked Yes
No

8. Do you agree that in future land should only be owned (or a long lease taken over land) by individuals or by a legal entity formed in accordance with the law of a Member State of the EU?

Please select one item
Ticked Yes
No

9. What do you think the advantages or disadvantages of such a restriction would be?

Advantages:
Restriction of the rights of individuals to place the ownership of land in Scotland in off-shore tax havens
Disadvantages:
Restriction on the rights of individuals who have inherited ownership of land in Scotland but now live outwith the EU but are willing to manage their land in the best interests of the people and communities of Scotland.

10. How should any restriction operate and be enforced, and what consequences might follow if the restriction is breached?

Enter comments here
The most important regulation is to ensure that the land is managed to the requisite level as required by the Land Use Survey. Land owned by individuals outwith the EU must agree to place their land-holding under the control of a Trust registered in Scotland or lose their right to own the land in question

Information on land, its value and ownership

11. Do you agree that better co-ordination of information on land, its value and ownership would lead to better decision making for both the private and public sectors?

Please select one item
Ticked Yes
No

Sustainable development test for land governance

14. Do you agree that there should be powers given to Scottish Ministers or another public body to direct private landowners to take action to overcome barriers to sustainable development in an area?

Please select one item
Ticked Yes
No

15. What do you think the benefits would be and do you have any recommendations about how these can best be achieved?

What do you think the benefits would be and do you have any recommendations about how these can best be achieved?
These powers could be used in such a way as to find the best compromise between what is proposed by the Land Use Survey and what can be achieved by the land-owner

A more proactive role for public sector land management

17. Do you agree that public sector bodies, such as Forestry Commission Scotland, should be able to engage in a wider range of management activities in order to promote a more integrated range of social, economic and environmental outcomes?

Please select one item
Ticked Yes
No

Duty of community engagement on land management decisions to be placed on charitable trustees

20. Do you think a trustee of a charity should be required to engage with the local community before taking a decision on the management, use or transfer of land under the charity’s control?

Please select one item
Ticked Yes
No

21. What do you think the advantages or disadvantages would be?

Advantages:
All Trusts and Charities which own land must engage with their local community under the legal rules controlling their Trust or Charity

22. How should “community” be defined?

How should “community” be defined?
Those who live on and are dependent on the land in question Those in adjacent communities whose lives might be affected by decisions made for the land in question. Those who represent national and local government.Trustees or managers of a charity must face the legal consequences of failing in their duties

Removal of the exemption to business rates for shooting and deerstalking

24. Should the current business rate exemptions for shootings and deer forests be ended?

Please select one item
Yes
Ticked No

25. What do you think the advantages would be?

What do you think the advantages would be?
None. Shootings and deer forests should be treated in the same way as agricultural land.

26. What do you think the disadvantages would be?

What do you think the disadvantages would be?
It could damage the sustaionability of many small land-holdings where shooting income can bridge an economic gap. It could damage the community benefits of local employment

Common Good

27. Do you agree that the need for court approval for disposals or changes of use of common good property, where this currently exists, should be removed?

Please select one item
Yes
Ticked No

Wild Deer

35. Do you agree that further deer management regulation measures should be introduced to be available in the event that the present arrangements are assessed as not protecting the public interest?

Please select one item
Ticked Yes
No

Clarifying Public Access: core paths planning process

38. At present, section 18 of the 2003 Act is silent on the issue of resolving objections to a core path plan consultation. Do you agree that access authorities should be required, in the interests of transparency, to conduct a further limited consultation about proposed changes arising from objections?

Please select one item
Ticked Yes
No

39. Do you agree that section 20 of the 2003 Act should be clarified so that Ministerial direction is not required when an access authority initiates a core path plan review?

Please select one item
Ticked Yes
No

40. Do you think that the process for a minor amendment to core path plan (as set out in section 20 of the 2003 Act) should be simplified to make it less onerous than that for a full review of a core path plan?

Please select one item
Ticked Yes
No