Community empowerment and common good property: consultation on draft guidance

Consultation on guidance for local authorities on how to fulfil the requirements of the Community Empowerment (Scotland) Act 2015.


Chapter 5 - Consultation when planning to dispose or change the use of Common Good property

1. Section 104 requires local authorities to consult with the local community when they are planning to dispose of common good property, or change its use. Each local authority must publish details of the proposed disposal or change of use of common good property.

What information should be included about the property

2. The proposal should clearly state which property is being considered and what the plans are. The proposal should include enough detail to enable members of the public to identify and locate the property. To identify the property, the local authority should use the same information about the property that is included in the Common Good Register ( Chapter 1). In relation to cash funds, "change of use" would not cover every payment to different people, or moving investments about, but would include, for example, changing the rules about what type of things could be funded.

Where and how should details be published

3. As a minimum, local authorities should publish the details of the proposal on their own website and should ensure that this is publicised widely. If the request relates to a building or area of land, a public notice should be placed on the building or land, or on an object close to it. If it is a building open to the public, you may also want to put a copy somewhere prominent inside. However, it is more important that the notice is put up where interested people will see it than that it is on or adjacent to the land in question. It could be displayed in a village shop, on a community noticeboard or an information point in a car park - wherever local events and notices are normally advertised.

QUESTION 9: If applicable, where or how else, should details of a proposed disposal or change of use be published as a minimum requirement? Why is this (are these) needed in addition?

Contact

Email: Common Good Guidance Consultation, CGConsultation@gov.scot

Phone: 0300 244 4000 – Central Enquiry Unit

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG

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