Land Reform in a Net Zero Nation
Part 4: Criteria for large-scale landholdings
- Do you agree or disagree with the criteria proposed for classifying landholdings as ‘large-scale’:
a) A fixed threshold of 3,000 hectares
- Agree
- Disagree
- 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
- Disagree
- Don’t know
c) Land that accounts for more than a specified minimum proportion of a permanently inhabited island
- Agree
- Disagree
- Don’t know
Please give some reasons for your answers and outline any additional criteria in the text box below:
RTPI Scotland supports many of the proposal set out in this consultation including those in this section, but note that the proposals are primarily targeted at rural land reform. In order to aid the achievement of net-zero targets through land reform it is important that we continue to develop proposals for urban settings as well. We hope to see such proposals brought forward in the Community Wealth Building Bill which we understand is to be consulted on next year. We also wish to see relevant proposals developed from workstreams on-going in the Planning Architecture and Regeneration Division at Scottish Government around Land Value Capture and Compulsory Purchase Order reform[1].
- 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?
- Agree
- Disagree
- Don’t know
Please give some reasons for your answer in the text box below:
No comment.
- Do you think that the proposals considered in this consultation should be applied to the urban context?
- Yes
- No
- Don’t know
Please give some reasons for your answer in the text box below:
As set out in response to Q1, RTPI Scotland believe that land reform is critically important for both urban communities and rural communities. However as set out above we do not believe that proposals set out will meaningfully address the urban context and look forward to Scottish Government to bringing forward additional proposals in due course. If proposals were to cover urban areas a brief analysis of the potential impacts of proposals on urban communities would be welcomed.
Part 5: Strengthening the Land Rights and Responsibilities Statement
- 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?
- Agree
- Disagree
- Don’t know
Please give some reasons for your answer in the box below:
No comment.
- 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.
a) Do you agree or disagree with the proposal above?
- Agree
- Disagree
- Don’t know
Please give some reasons for your answer in the text box below:
No comment.
b) Do you agree or disagree that only constituted organisations that have a connection to the local area or the natural environment should be able to report breaches of the Land Rights and Responsibility Statement?
- Agree
- Disagree
- Don’t know
Should these constituted organisations have a remit on:
Community:
- Agree
- Disagree
- Don’t know
Charity:
- Agree
- Disagree
- Don’t know
Public sector:
- Agree
- Disagree
- Don’t know
Please provide some reasons for your answers and any additional suggestions in the text box below:
No comment.
c) Do you think the responsibility for investigating and dealing with complaints should sit with:
The Scottish Government:
- Yes
- No
- Don’t know
A public body (such as the Scottish Land Commission):
- Yes
- No
- Don’t know
Please provide some reasons for your answers and any additional suggestions in the text box below:
A short analysis of the implications of different proposed complaints governance arrangements would be welcomed.
- Should the potential outcome from an investigation of a breach be:
Recommendation for a mediation process:
- Yes
- No
- Don’t know
Recommendation on how the landowner or governing body could comply with the Codes of Practice/protocols:
- Yes
- No
- Don’t know
A direction to the landowner or governing body to implement changes to operational and/or management practices:
- Yes
- No
- Don’t know
Please provide some reasons for your answers and any additional suggestions in the text box below:
No comment.
d) Should the enforcement powers for a breach be:
Financial penalties:
- Yes
- No
- Don’t know
‘Cross-compliance’ penalties:
- Yes
- No
- Don’t know
Please provide some reasons for your answers and any additional suggestions in the text box below:
No comment.
- 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?
- Yes
- No
- Don’t know
Please give some reasons for your answer in the text box below:
RTPI Scotland believes that the proposals set out will deliver greater public benefits from large scale land holdings through increasing transparency and democratic accountability. Whilst in agreeance that this will contribute towards Community Wealth Building locally as set out in this section, we believe it could be strengthened with reference to, and consideration of, the Place Principle.
- Do you have any other comments on the proposal to make the Land Rights and Responsibility Statement and its associated protocols a legal duty for large-scale landowners?
Please write your answer in the text box below:
No comment.
Part 6: Compulsory Land Management Plans
- We propose that there should be a duty on large-scale landowners to publish Management Plans. Do you agree or disagree with this proposal?
- Agree
- Disagree
- Don’t know
Please give some reasons for your answer in the text box below:
For many rural planners, there is a close interaction between landscape management and the planning system, with collective decisions on infrastructure and development greatly impacting upon wider landscapes over time. However, from a policy perspective ‘rural land use’ has often been approached separately from spatial planning and regional economic planning. A review of international land use plans has shown better alignment and integration of these sectors may lead to greater efficiencies and better outcomes[2]. As set out in the in the consultation, we support the alignment CLMPs with community plans, regional land use strategies, and national policy. However we think that CLMPS could be strengthened with specific reference to the National Planning Framework 4, Regional Spatial Strategies, Local Development Plans and Local Place Plans. We would also like clarifications on the potential relationship between CLMPs and Regional Land Use Partnerships.
- How frequently do you think Management Plans should be published?
Please write your answer in the text box below:
5 years would be an appropriate time-period.
- Should Management Plans include information on:
Land Rights and Responsibility Statement compliance
- Yes
- No
- Don’t know
Community engagement
- Yes
- No
- Don’t know
Emission reduction plans
- Yes
- No
- Don’t know
Nature restoration
- Yes
- No
- Don’t know
Revenue from carbon offsetting/carbon credits
- Yes
- No
- Don’t know
Plans for developments/activities that will contribute to local and inclusive economic development or community wealth building
- Yes
- No
- Don’t know
Please provide some reasons for your answers and any additional suggestions in the text box below:
No comment.
- Do you think the responsibility for enforcing compulsory land management plans should sit with:
The Scottish Government:
- Yes
- No
- Don’t know
A public body (such as the Scottish Land Commission):
- Yes
- No
- Don’t know
Please provide some reasons for your answers and any additional suggestions in the text box below:
A short analysis of the implications of different proposed complaints governance arrangements would be welcomed.
- Do you think the proposal to make Management Plans a legal duty for large-scale landowners would benefit the local community?
- Yes
- No
- Don’t know
Please give some reasons for your answer in the text box below:
No comment.
- Do you have any other comments on the proposal to make Management Plans a legal duty for large-scale landowners?
Please write your answer in the text box below:
No further comment.
Part 7 i): Regulating the market in large-scale land transfers - a new Public Interest Test
- We propose that a public interest test should be applied to transactions of large-scale landholdings. Do you agree or disagree with this proposal?
- Agree
- Disagree
- Don’t know
Please give some reasons for your answer in the text box below:
As enshrined in the Planning (Scotland) Act 2019 planning now has a defined statutory purpose - “The purpose of planning is to manage the development and use of land in the long term public interest”. Therefore, RTPI Scotland would strongly support of a public interest led test applied to transactions of large-scale landholdings but wants to see clear consideration of how this can be aligned with the planning system.
- What do you think would be the advantages and/or disadvantages of applying a public interest test to transactions of large-scale landholdings?
Please write your answer in the text box below:
An advantage would be ensuring communities are better considered when scrutinising land transactions which could resulting in significant land use change. The challenge as identified in response to the previous question will be how to consider and align such a test with land use discussions on-going in the planning system, especially emerging Local Place Plans.
- Do you think the public interest test should be applied to:
- The seller only
- The buyer only
- The seller and buyer
- Don’t know
Please give some reasons for your answer in the text box below:
In order to effectively test for the public transaction of large-scale landings RTPI Scotland believes that the test need applied to both seller and buyer. By including the seller in considerations, an understanding could be developed on the existing public interest value of large land holdings, to get a clearer indication of what changes may arise. This could, for example, highlight whether an existing landholding has previously been subject to a statutory Land Rights and Responsibilities Review, which would highlight existing concerns over the extent to which landholdings are operating in the public interest.
- If the public interest test was applied to the seller, do you think the test should be considered as part of the conveyancing process?
- Yes
- No
- Don’t know
Please give some reasons for your answer in the text box below:
No comment.
- Do you think that all types of large-scale landholding transactions (including transfers of shares and transfers within or between trusts) should be in scope for a public interest test?
- Yes
- No
- Don’t know
Please give some reasons for your answer in the text box below:
No comment.
- Do you agree or disagree with these conditions?
We have proposed that if a public interest test applied to the seller concluded there was a strong public interest in reducing scale/concentration, then the conditions placed on the sale of the land could include:
- The land in question should be split into lots and could not be sold to (or acquired by) one party as a whole unit
- The land, in whole, or in part, should be offered to constituted community bodies in the area, and the sale can only proceed if the bodies consulted, after a period of time, indicate that they do not wish to proceed with the sale
Condition i.
- Agree
- Disagree
- Don’t know
Condition ii.
- Agree
- Disagree
- Don’t know
Please give some reasons for your answer and suggest any additional conditions in the text box below:
RTPI Scotland would wish to see how such conditionality would relate to community-led plans such as Local Place Plans.
- Do you think that a breach of the Lands Right and Responsibilities Statement should be taken into account when determining the outcome of a public interest test?
- Yes
- No
- Don’t know
Please give some reasons for your answer in the text box below:
No comment.
- Do you think that a public interest test should take into account steps taken in the past by a seller to:
Diversify ownership:
- Yes
- No
- Don’t know
Use their Management Plan to engage with community bodies over opportunities to lease or acquire land:
- Yes
- No
- Don’t know
Please give some reasons for your answer in the text box below:
Again RTPI Scotland would like to see how Management Plans be considered alongside relevant spatial plans, especially Local Place Plans and Local Development Plans.
What time period do you think this should cover?
Please write your answer in the text box below:
5 years would be an appropriate time-period.
- Do you think the responsibility for administering the public interest test should sit with:
The Scottish Government:
- Yes
- No
- Don’t know
A public body (such as the Scottish Land Commission):
- Yes
- No
- Don’t know
Please provide some reasons for your answers and any additional suggestions in the text box below:
A short analysis of the implications of different proposed administration of public test arrangements would be welcomed. This be run in conjunction with consideration of governance arrangements of proposals for a new complaints process.
- Do you think the proposal that a public interest test should be applied to transactions of large-scale landholdings would benefit the local community?
- Yes
- No
- Don’t know
Please give some reasons for your answer in the text box below:
No further comment.
- Do you have any other comments on the proposal that a public interest test should be applied to transactions of large-scale landholdings?
Please write your answer in the text box below:
No further comment.
Part 7 ii): Regulating the market in large-scale land transfers - requirement to notify an intention to sell
- We propose that landowners selling large-scale landholdings should give notice to community bodies (and others listed on a register compiled for the purpose) that they intend to sell.
a) Do you agree or disagree with the proposal above?
- Agree
- Disagree
- Don’t know
Please give some reasons for your answer in the text box below:
Early notification will help support communities when considering and responding to large-scale landholding sales.
b) Do you agree or disagree that there should be a notice period of 30 days for the community body or bodies to inform the landowner whether they are interested in purchasing the land?
- Agree
- Disagree
- Don’t know
Please give some reasons for your answer in the text box below:
No further comment.
c) If the community body or bodies notifies the landowner that they wish to purchase the land during the notice period, then the community body or bodies should have 6 months to negotiate the terms of the purchase and secure funding. Do you agree or disagree with this proposal?
- Agree
- Disagree
- Don’t know
Please give some reasons for your answer in the text box below:
No further comment.
- Do you have any other comments on the proposal that landowners selling large-scale landholdings should give notice to community bodies that they intend to sell?
Please write your answer in the text box below:
No comment.
Part 8: New conditions on those in receipt of public funding for land based activity
- Do you agree or disagree with these requirements?
We propose the following eligibility requirements for landowners to receive public funding from the Scottish Government for land based activity:
- All land, regardless of size, must be registered in the Land Register of Scotland.
- Large-scale landowners must demonstrate they comply with the Land Rights and Responsibility Statement and have an up to date Land Management Plan.
Requirement i.
- Agree
- Disagree
- Don’t know
Requirement ii.
- Agree
- Disagree
- Don’t know
Please give some reasons for your answer in the text box below:
RTPI Scotland would advocate for the strengthening of the requirements with reference to adherence with the Place Principle.
- Do you have any other comments on the proposals outlined above?
Please write your answer in the text box below:
No comment.
Part 9: Land Use Tenancy
- Do you agree or disagree with our proposal that there should be a Land Use Tenancy to allow people to undertake a range of land management activities?
- Agree
- Disagree
- Don’t know
Please give some reasons for your answer in the text box below:
No comment.
- Are there any land management activities you think should not be included within a Land Use Tenancy?
Please write your answer in the text box below:
No comment.
- Do you think that wider land use opportunities relating to diversification, such as renewable energy and agri-tourism, should be part of a Land Use Tenancy?
- Yes
- No
- Don’t know
Please give some reasons for your answer in the text box below:
RTPI Scotland supports measures to diversify the rural economy.
- Do you agree or disagree that a tenant farmer or a small landholder should, with the agreement of their landlord, have the ability to move their agricultural tenancy into a new Land Use Tenancy without having to bring their current lease to an end?
- Agree
- Disagree
- Don’t know
- Do you agree or disagree that when a tenant farmer or small landholders’ tenancy is due to come to an end that the tenant and their landlord should be able to change the tenancy into a Land Use Tenancy without going through the process of way go, with parties retaining their rights?
- Agree
- Disagree
- Don’t know
Please give some reasons for your answer in the text box below:
No further comment.
- How do you think the rent for a Land Use Tenancy should be calculated?
Please write your answer in the text box below:
No comment.
- Would you use a Land Use Tenancy if you had access to a similar range of future Scottish Government payments which other kinds of land managers may receive?
- Yes
- No
- Don’t know
Please give some reasons for your answer in the text box below:
No comment.
- Do you think that there should be guidance to help a tenant and their landlord to agree and manage a Land Use Tenancy?
- Yes
- No
- Don’t know
Please give some reasons for your answers and outline who you think should be responsible for writing and managing the guidance in the text box below:
No comment.
- Do you think there should be a process to manage disputes between a tenant of a Land Use Tenancy and their landlord?
- Yes
- No
- Don’t know
Please give some reasons for your answers and outline how this process could be managed in the text box below:
No comment.
- Do you agree or disagree that tenants of a Land Use Tenancy and their landlords should be able to resolve their legal disputes in relation to the tenancy through the Scottish Land Court?
- Agree
- Disagree
- Don’t know
Please give some reasons for your answers and outline additional ways in which disputes could be resolved in the text box below:
No comment.
- Do you have any other comments on our proposal for a Land Use Tenancy?
Please write your answer in the text box below:
No further comment.
Part 10: Small landholdings
- Would you like to be kept informed via email about the Small Landholding Consultation for the Land Reform Bill? We would use the email you provide in the ‘About you’ section to contact you.
- Yes
- No
Part 11: Transparency: Who owns, controls and benefits from Scotland’s Land
- Do you agree or disagree with our proposal to explore:
Who should be able to acquire large-scale landholdings in Scotland
- Agree
- Disagree
- 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
- Disagree
- Don’t know
Please give some reasons for your answer in the text box below:
No comment.
Part 12: Other land related reforms
- 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:
No comment.
- How do you think the Scottish Government could use investment from natural capital to maximise:
a) Community benefit
Please write your answer in the text box below:
RTPI Scotland believes that in order to maximise the community benefit decision making should align with the principles of Community Wealth Building and the Place Principle.
b) National benefit
Please write your answer in the text box below:
RTPI Scotland wishes to see all investment at a national level be aligned with the spatial strategy as set out in the draft NPF4.
- Do you have any additional ideas or proposals for Land Reform in Scotland?
Please write your answer in the text box below:
No further comment.
Part 13: assessing impact
- Are you aware of any examples of how the proposals in this consultation might impact, positively or negatively, on island communities in a way that is different from the impact on mainland areas?
Please write your answer in the text box below:
No comment.
- Are you aware of any examples of particular current or future impacts, positive or negative, on young people, (children, pupils, and young adults up to the age of 26) of any aspect of the proposals in this consultation?
Please write your answer in the text box below:
No comment.
- Are you aware of any examples of how the proposals in this consultation may impact, either positively or negatively, on those with protected characteristics (age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation)?
Please write your answer in the text box below:
No comment.
- Are you aware of any examples of potential impacts, either positive or negative, that you consider any of the proposals in this consultation may have on the environment?
Please write your answer in the text box below:
No comment.
- Are you aware of any examples of how the proposals in this consultation might impact, positively or negatively, on groups or areas at socioeconomic disadvantage (such as income, low wealth or area deprivation)?
Please write your answer in the text box below:
No comment.
- Are you aware of any potential costs and burdens that you think may arise as a result of the proposals within this consultation?
Please write your answer in the text box below:
No comment.
- Are you aware of any impacts, positive or negative, of the proposals in this consultation on data protection or privacy?
Please write your answer in the text box below:
No comment.
[1] https://www.gov.scot/publications/transforming-planning-practice-updated-planning-reform-implementation-programme/documents/
[2] Scottish Land Commission (2020) Advice to Scottish Government on the establishment of Regional Land Use Partnerships. November. Available here: https://bit.ly/2TWkxM1
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