Scottish Land Commission calls for urgent change to protect communities

In a new report, the body claims “concentrated landownership appears to be causing significant and long-term damage” in some parts of the country, with communities subjected to an “abuse of power” as a result.

The findings are based on submissions from more than 400 land owners, managers, individuals and community representatives.

Fears that criticism of landowners could lead to eviction and blacklisting were raised by some.

But Scottish Land & Estates, which represents landowners and rural businesses, has hit out at “stereotypes” it claims “simply do not reflect current day reality”.

Executive director Sarah-Jane Laing said: “We are deeply concerned that the report still sees landownership rather than land use as the prime route to dealing with issues being faced by communities. Nor does the report adequately reflect the positive and substantial contribution made by rural businesses.”

Around 80% of the country’s land is privately owned. Estimates suggest around half of that area is held by fewer than 500 owners.

The report found most of the disadvantages associated with Scotland’s current pattern of land ownership relate to a concentration of social, economic and decision-making powers, not just the size of land holdings.

Hamish Trench, chief executive of the Scottish Land Commission, said: “Concern about the impacts of concentrated land ownership in Scotland has long been central to the land reform debate.

“This evidence report allows us to move on from debating whether ownership is an issue, to understanding what the issues are and how they can be addressed.

“The evidence we have collected shows clearly that it is the concentration of power associated with land ownership, rather than necessarily the scale of land holding, that has a significant impact on the public interest, for example in relation to economic opportunities, housing and community development. Good management can of course reduce the risks associated with the concentration of power and decision-making, but the evidence shows that adverse impacts are causing significant detriment to the communities affected.

“This points to the need for systemic change beyond simply a focus on good management.”

The report recommends introducing a public interest test and approval mechanism at the point of significant land transfer, and an obligation for larger land holdings to engage on and publish a management plan.

The commission also calls for a review mechanism to address adverse impacts on communities where normal responsible management approaches are not effective.

But Laing said: “The stereotypical view of landowners held by some simply do not reflect current day reality.

“Landowners generally operate as modern businesses involved in a range of sectors such as agriculture, forestry, energy, leisure and tourism and pursuing innovation, economic prosperity and employment opportunities. For example, more than 9000 rural homes are let by private land-based businesses and Scotland’s three new towns are being developed by rural landowners.

“They are also subject to a vast range of regulation and legislation governing their operation within each of these sectors.”

Dr Calum MacLeod of Community Land Scotland commented that

some aspects of landowner control, such as the ability to restrict housing supply, are “an affront” to modern Scotland and stand in “cruel contrast” to communities who have carried out successful land buyouts.

He said: “Places like Eigg, Knoydart, Gigha, North and West Harris, first and foremost, pursued a community buyout to stem the tide of depopulation, and by and large they have succeeded.

“But, as things stand, not every community has the opportunity to acquire their local land.”

Welcoming the report, the Scottish Government said: “We expect that the report will inform how we address long-standing issues caused by the concentration of land power

in rural Scotland, to the benefit of local communities.”