Response 636730105

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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

2. Do you have any comments on the draft Land Rights and Responsibilities Policy?

Enter comments here.
Not enough on protection of the natural environment or sites of historic importance

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:
stopping foreign purchasers of land
Action Two:
strengthening protection for SSSIs and similar
Action Three:
strengthening protection for tenants on land

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:
single point of contact for all issues surrounding land reform
Disadvantages:
will probably be mainly populated by the rich and landed!

6. Do you have any thoughts on the structure, type or remit of any Scottish Land Reform Commission?

Enter comments here.
should have representatives from all sectors including environmental and historic charities/societies, tenants of both farms and small properties

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:
that land owners would be withing our legal jurisdiction
Disadvantages:
land values of shooting estates and the like might fall (which might not be a bad thing)

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

Enter comments here
not being a lawyer I do not know but I guess it needs to be part and parcel of conveyancing law and if the restriction is breached then land becomes forfeit or subject to compulsory purchase by default.

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

12. Do you hold data you could share or is there any data you would wish to access?

Do you hold data you could share or is there any data you would wish to access?
I would wish to be able to find out who owns land near me as I have tried tracking down the owners of a couple of locations where access has been/is an issue without success.

13. What do you think the advantages of disadvantages of wider and more flexible sharing of land information would be and do you have any recommendations about how this can best be achieved?

Advantages:
Better coordination of access rights, easier reporting of violations of environmentally valuable or historic sites
Disadvantages:
can't see any disadvantages to honest law abiding citizens
Recommendations for achieving better co-ordination of information on land
compulsory registration of all land with land registry within a given timsecale even if it has not been sold. Any gaps to be identified and advertised and, if owner does not come forward, to automatically come into public ownership - or possibly be allocated to the owner of any surrounding land if that makes more sense.

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?
might prevent continued depopulation of some areas and contribute economic vibrancy

16. Do you have any concerns or alternative ways to achieve the same aim?

Do you have any concerns or alternative ways to achieve the same aim?
a robust definition of what constitutes sustainable development - e.g. sustainable not only economically but also environmentally and from all aspects - needs to be drawn up in detail and periodically re-visited to provide guidelines to ministers or another public body to prevent politically motivated mis-use

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

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

What do you think the benefits would be and do you have any recommendations about how this can best be achieved?
don't know

19. Do you have any concerns or alternative ways to achieve the same aim?

Do you have any concerns or alternative ways to achieve the same aim?
don't know

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
Yes
Ticked No

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

Advantages:
depends very much on the actual circumstances - I don't think a one size fits all approach works here

22. How should “community” be defined?

How should “community” be defined?
quite!

23. What remedies should be available should a trustee of a charity fail to engage appropriately with the local community?

What remedies should be available should a trustee of a charity fail to engage appropriately with the local community?
don't know

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
Ticked Yes
No

25. What do you think the advantages would be?

What do you think the advantages would be?
more money into the Scottish economy from those rich enough to pay for hunting

26. What do you think the disadvantages would be?

What do you think the disadvantages would be?
whining from estate owners

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

28. If removed, what should take the place of court approval?

If removed, what should take the place of court approval?
some other govt body as local feelings typically run strong and an impartial body is required to adjudicate

29. Should there be a new legal definition of common good?

Please select one item
Ticked Yes
No

30. What might any new legal definition of common good look like?

Do you have any other comments on this issue?
not a lawyer so don't know

31. Do you have any other comments on common good?

What might any new legal definition of common good look like?
land or property that has been bequested for common good should be respected

Agricultural Holdings

32. Do you agree that the Scottish Government should take forward some of the recommendations of the Agricultural Holdings Legislation Review Group within the Land Reform Bill?

Please select one item
Ticked Yes
No

33. What do you think the advantages would be?

What do you think the advantages would be?
don't know as not read that part

34. What do you think the disadvantages would be?

What do you think the disadvantages would be?
as above

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

36. What do you think the advantages would be?

What do you think the advantages would be?
protection of crops from deer damage whether that be forestry, agriculatural or horticultural

37. What do you think the disadvantages would be?

What do you think the disadvantages would be?
people might be distressed (bambu syndrome)

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

Assessing Impact

41. Please tell us about any potential impacts, either positive or negative, you feel the draft Land Rights and Responsibilities Policy or any of the proposals for the Bill may have on particular groups of people, with reference to the “protected characteristics” listed above. Please be as specific as possible.

Please tell us about any potential impacts, either positive or negative, you feel the draft land policy or any of the proposals for the Bill may have on particular groups of people, with reference to the “protected characteristics” listed above. Please be as specific as possible.
?

42. What differences might there be in the impact of the Bill on individuals and communities with different levels of advantage or deprivation?

What differences might there be in the impact of the Bill on individuals and communities with different levels of advantage or deprivation?
don't know
How can we make sure that all individuals and communities can access the benefits of these proposals?
don't know

43. Please tell us about any potential costs or savings that may occur as a result of the proposals for the Bill, and any increase or reduction in the burden of regulation for any sector. Please be as specific as possible.

Please tell us about any potential costs or savings that may occur as a result of the proposals for the Bill, and any increase or reduction in the burden of regulation for any sector. Please be as specific as possible.
more income from removal of tax exemption from shooting estates, potential savings from easier to make small changes to core paths plan, costs incurred to potentially have to fight legal challenges