IS LAND REFORM NOW WITHIN REACH?

The Scottish Land Reform Review Group has published its massive final report. I've just been reading through the recommendations and it seems to call for 1. an upper limit on landholdings 2. biz rates to be imposed on sporting estates 3. an end 2 primogeniture (where eldest son legally inherits father's land without siblings being able to contest the will 4. A conditional tenant farmer's right 2 buy 5. easier & community requested powers of compulsory purchase on derelict land 6. a transfer of publicly owned land to communities at less than open commercial value. Mind you, that's just a quick look at the executive summary – I could have picked up some points wrongly. I'd welcome comments from anyone with more brains/time. I understand the Scottish Government broadly welcomes the contents – we'll know more when the Minister Paul Wheelhouse talks to the Rural Affairs Committee on June 11 and speaks at Community Land Scotland conference a few days before. Andy Wightman has written a blog http://www.andywightman.com/?p=3676 largely welcoming the proposals but noting the idea of ending the exemption of agricultural land from business rates has already been rejected by the Scottish Government. I'm trying to check whether this rejection does or doesn't apply to plans to force sporting estates to pay business rates - but it's a bank holiday and the Scotgov press office is closed! Meanwhile Community Land Scotland's David Cameron has welcomed the report and suggested its measures are implemented quickly by amending the forthcoming Community renewal and Empowerment Bill -- excellent idea. This may all seem complex but it's important we all TALK about these proposals which should tackle the enduring shame of Scotland's archaic land ownership structures. I'm hoping to tackle this landmark report in Monday's Scotsman. It's easiest to follow my notes and queries if you download the whole document here

http://www.scotland.gov.uk/About/Review/land-reform and then flick through to Section 34 recommendations.

Is 4.32 re completion of the current land register – are there tough enough sanctions for non compliance?

Does 5.11 suggest there can be no non-EU registered corporate owners of Land?

Does 6.20 effectively end primogeniture in land?

Is identifying commonties in 7.11 and common good land in 14.21 enough to block council/farmer use/abuse?

Will the 8.14 recommendation to overhaul laws on compulsory purchase be enough for councils to actually use it or is the problem lack of political will/cash?

8.18 – will creating a government right of pre-emption on land sales run into same problem as individual/community rights – most land is never put on the market?

11.31 – this transfers responsibilities of crown estates to Scottish parliament – presumably income too. Does this mean option of cash coming direct to coastal communities and bypassing the parly has been ruled out?

What does 12.6 ending some exemptions for historic buildings mean – more scrutiny/the application of health and safety legislation or the ability to launch community buyout bids??

13.21 on forests – does this prescribe rights of access for public to scotland's expanding forests?

16.23 community control over harbours, piers, slipways and similar coastal assets should be encouraged. How? By "free" asset transfers from public bodies? If councils believe they must still achieve "best value" in such transactions the transfers will never happen.

17.11 extends right to buy to urban communities. (will there be enough cash for the higher land values in cities notwithstanding call for more cash in section 18.18?)

17.27 is the new point here allowing communities to request Scottish Ministers to implement a Compulsory Purchase Order especially – 17.33 – over derelict land? Will this be enough to end land speculation or is this a cumbersome tool better resolved by a land tax on under used land? Are the powers described in section 20 powerful enough?

18.28 and 43 effectively demands end to current cautious interpretation of rules on State Aid by cautious civil servants which has limited the transfer of public assets like land to communities at less than open market value. Is the call for talks with European Commission, new Scotgovt guidelines and a Community Assets Transfer Scheme in every council enough to stiffen the resolve of the wary and community control averse in government, quangos and local authorities(18.48)?

21.33 The Group recommends the establishment of a Housing Land Corporation charged with the acquisition and development of sufficient land to meet house-building targets (with distinct rural targets). Sounds good but would it be necessary if councils actually used new compulsory purchase powers and communities got land transfers?

22.24 Does this effectively call on scotgov to scrap 6 month tenancies and/or encourage a rollover onto longer leases after a probationary period? Does scotgov currently have the power to change the leases landlords can offer?

23.17,30,38 – Is extension of Land Use Strategy from two pilot areas to whole of Scotland a good way to democratise land use? How have local people and communities rated the two pilots? Might this be a good way to control excesses of private and public landowners without spending millions on buyouts or is it placing too much control in the hands of govt bureaucrats?

24.29 -- Upper limit on amount of land held by one landowner or interest. This looks important – it would stop land acquisition by folk like Danish millionaire Poulvsen – if it also applies to existing landowners it would break up all the large estates. Any ideas about likely size?

25.12 I take it "ending the universal exemption of agriculture, forestry and other land based businesses from non-domestic rates" means phased introduction of business rates on sporting estates? Will biz rates also be levied on farms and forests or other kinds of rates? (25.20) and what do the new "sporting rates" apply to?

25.25 is the call for "serious consideration of land value taxation" a cop out or good start for a hitherto ignored policy option?

25.48 This recommends that "changes to the current fiscal regime should … encourage an increase in the number of land owners in rural Scotland, in the public interest." Scottish Government may not control all taxation levers at the moment but should commit to this general policy position asap.

26.55 "crofting trusts or crofting community owners should be able to purchase Scottish Government crofting estates at less than open market value." My knowledge of the remaining Scotgov crofting estates is rusty. Is this as big a proposal as it sounds? Likewise the call to reduce unnecessary burdens in crofters right to buy 26.36

27 and 28 on Smallholdings and Tenants. Section 27 seems to extend crofters right to buy to tenants under the 1911 Smallholders Act. Does that affect many tenants – and are they generally tenant farmers? Section 28 seems to guardedly advocate a conditional right to buy for other tenants suggesting "social and local community factors are considered in determining whether the introduction of a conditional right to buy for tenants with secure tenancies under the Agricultural Holdings (Scotland) Act 1991, would be warranted in the public interest." Does this mean a restricted tenants right to buy which can only be triggered where govt deem the social and local community conditions to be right? Is this bold enough for the beleaguered folk on Islay for example?

30.13 does this suggest a review of the law on riparian rights – in plain English would this end or limit private ownership of rivers or simply restrict the activities of the most rampant water bailiffs?

31.30 – does the proposed abolition of District Salmon Fishing Boards, transfer "coastal and freshwater salmon fishings held as ancient possessions by the Crown to Scottish Ministers" democratise fishing and angling?

32.32 Does the requirement for "appropriate culls" of deer do anything to tackle chronic overgrazing?

33. Will independent-minded experts like Andy Wightman and Prof Jim Hunter be invited to head up the proposed new Scottish Land and Property Commission? If not – why not?