Response 737633804

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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.
It requires a long term strategic view which goes beyond a one generation approach. While the present generation my favour community buyout, this may not apply to succeeding generations

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:
Restrict foreign ownership
Action Two:
Have a clear policy towards the misuse of land, eg land being allowed to fall into a derilect state through non use
Action Three:
Limit the building of further wind farms

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:
Would enable some transparency in the process of land reform, if it were to encompass a reasonable range of land users as well as land owners
Disadvantages:
Could be mearly a mechanism for political intervention, which did not listen to actual land owners and users

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

Enter comments here.
To consult widely with urban as well as rural communities, to involve key current stakeholders, particularly from the Agri and field sports sectors as both are very significant players in rural Scotland

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

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
Yes
Ticked 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?
No

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:
It may possibly make absenteeism less of an issue
Disadvantages:
None
Recommendations for achieving better co-ordination of information on land
No comment

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
Yes
Ticked 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?
Cannot identify any benifits other than another layer of governance

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?
I would be concerned about the definition of sustainability which may be used

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
Yes
Ticked 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?
No comment

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?
No comment

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:
Greater accountability on the part of trustees, improve communication between charities and local communities engage communities in impending decisions or changes which may affect them
Disadvantages:
None

22. How should “community” be defined?

How should “community” be defined?
Any group township or settlement which falls within the boundaries of a land holding

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?
Legal powers given to local authorities to ensure consultation with communities prior to changes/developments being undertaken

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?
Some additional income for some local authorities

26. What do you think the disadvantages would be?

What do you think the disadvantages would be?
Potential threat to fragile rural employment and environments, potential threat to vulnerable wildlife potential increase in rural and wildlife crime

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?
Should not be removed

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

Please select one item
Yes
Ticked No

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

Do you have any other comments on this issue?
N/A

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

What might any new legal definition of common good look like?
The existing system has stood the test of time and does not require alteration

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?
Clear up some of the existing issues for tennent farmers and owners alike

34. What do you think the disadvantages would be?

What do you think the disadvantages would be?
N/A

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
Yes
Ticked No

36. What do you think the advantages would be?

What do you think the advantages would be?
None

37. What do you think the disadvantages would be?

What do you think the disadvantages would be?
The probable destruction of one of the national major wildlife asserts, and the continued condemnation of two of our most iconic large species. Deer are part of our natural environment, they have flourished as a consequence of forestry and Agricultural policies, they must not be treated as vermin and there management must not end up in the hands of the state. The present arrangements are more than capable of protecting the public interest

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
Yes
Ticked 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.
Concern that short term gain, may lead to longer term loss. Local communities are changing constantly, in rural areas are vulnerable to the aims of the newly arrived and change may not result in long term stability or gain.

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?
If communities are encouraged to take control of land particularly those which have a high level of deprivation resources must be provided to enable them to maximise the potential of the area and any land use, regardless of the location of the land does this or future governments have such resources at there disposal
How can we make sure that all individuals and communities can access the benefits of these proposals?
I doubt that this is possible though as a concept it is laudable

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.
No comment

44. Please tell us about any potential impacts upon the privacy of individuals that may arise as a result of any of the proposals contained in this consultation. Please be as specific as possible.

Please tell us about any potential impacts upon the privacy of individuals that may arise as a result of any of the proposals contained in this consultation. Please be as specific as possible.
No Comment

45. Please tell us about any potential impacts, either positive or negative, you feel any of the proposals contained in this consultation may have on the environment. Please be as specific as possible.

Please tell us about any potential impacts, either positive or negative, you feel any of the proposals contained in this consultation may have on the environment.
I am concerned about the potential impact on our wildlife the present arrangements for land ownership and state management have in my lifetime led to a significant improvement in the overall state of our wildlife and its management. I fear that a move to more community ownership or ownership by large charities will lead to a reduction in sustainable management and that the land will either be asset stripped through industrial development of wind farms or abandoned within a generation of community ownership as interest is lost and the economic reality of large scale landownership particularly in rural Scotland becomes apparent to those who find themselves left with the responsibility. Restrictions should be placed on large scale forign ownership and ownership by charities