Tackling vacant and derelict land in Scotland
Marieclaire Reid examines proposals that could help local authorities in Scotland take action over vacant and derelict land.
We can all identify parcels of land and buildings, large and small, in our communities that are unoccupied, boarded up and more often than not a blight on the area. Proposals were announced this year that could help bring back into productive use abandoned and derelict land in our cities and communities.
Surveys have shown that there are around 12,000 hectares of vacant or derelict sites in Scotland. These sites can become easy targets for antisocial and criminal behaviour which in turn damages the quality of life of those living in the area. This makes it even more difficult to attract interest in regeneration and renewal.
Proposals to tackle this
The Scottish Land Commission has put forward proposals that a compulsory sales order (CSO) could be a way to improve these sites for the benefit of the community. The CSO would provide planning authorities with the power to bring land and buildings that have been unoccupied or derelict for a lengthy period of time back into productive use.
CSOs would be part of a tool kit needed by public authorities to tackle such sites - to be used as a last resort. Similar to compulsory purchase powers, where the spectre of enforced sale encourages an agreed sale, the intention would be that councils and landowners would be incentivised to work together to find solutions before resorting to a CSO.
A task force has also been set up by the Scottish Land Commission and the Scottish Environment Protection Agency to examine the impact of vacant land on planning policy and legislation and to look for innovative ways to make use of these sites for housing, commercial and green space uses.
One of the challenges would be clarifying when, and under what conditions, the land is deemed derelict or abandoned, after all there may be legitimate reasons for the site being left in such a condition. The landowner would have the right to challenge their land being designated as derelict or abandoned.
Legal issues
The proposals raise legal issues for both landowners and councils. It is clear that there are benefits for society if vacant or derelict sites are put to a productive use. We will wait with interest to see what further details and legislation is proposed and if the right of the landowner is fairly balanced with the desire to regenerate areas. This will be a challenge.
Community right to buy
It is worth noting that another strand to the Scottish Government’s land reform agenda came into force this year. Part 3A of the Land Reform (Scotland) Act 2003 gives communities the power to buy land that is abandoned or neglected or is detrimental to the wellbeing of the community.
Provided certain criteria are met, and the community body has tried and failed to purchase from the owner, it can make a right to buy application to the Scottish Ministers. The community body must show that its proposals for the land are in the public interest and compatible with furthering the achievement of sustainable development. It must also set out why it considers the land is abandoned or neglected, or that its use results in environmental harm. The landowner does have the opportunity to make representations.
Points to consider
One of the major concerns for landowners will be the way in which local authorities assess land. Will there be a set criteria that land is measured against or will land be assessed on a case by case basis? Absent guidelines with a set standard landowners may be left in a situation where they are forced to sell land which they do not believe to be abandoned or derelict. Furthermore, a structured appeals process is desirable alleviating landowners concerns of being virtually powerless in such circumstances.
The SLC have stated within the report that a CSO should only be used on a last resort basis, indicating that councils and landowners should always attempt to reach and amicable solution before any such measure is taken. It is important to remember that CSOs by their very nature involve direct state interference with one’s property rights, as highlighted within the report the public interest must far outweigh the cost to the individual. The SLC have made it clear that they believe CSOs will prove to be the catalyst that gets the ball rolling in terms of opening discussion between the landowners of derelict sites and the authorities. If proceedings were to be initiated on a site the landowner should in theory be far more receptive to making changes rather than having a CSO issued (should they wish to keep the land), especially when the land may be sold at auction at a cut price.
There are challenges ahead in tackling vacant and derelict sites across Scotland. The Scottish Land Commission’s proposals are ambitious and raise questions about how they would operate in practice, not to mention how new proposals would blend with existing legislation on compulsory purchase. The interests of all of those involved will require to be heard and respected to avoid uncertainty and division in communities. The challenge will be balancing those competing interests. Consideration must also be given to the logistics of such changes, are the planning authorities appropriately staffed and trained to deal with orders? What becomes of the process should a backlog form? While Compulsory Sales Orders undoubtedly have the potential to facilitate regeneration throughout problem land areas in Scotland, as outlined above there are a number of pressing questions that need to be answered over the coming months.
Marieclaire Reid is an associate at BTO Solicitors. She can be contacted This email address is being protected from spambots. You need JavaScript enabled to view it..
