The right to buy land to further sustainable development: consultation

5. Seeking to Buy Under Part 5 - Application Form and Content

Regulation Making Powers

Section 54(5)(a)
Section 54(5)(c)

Background and context

These regulation making powers are about the information that must be supplied as part of a Part 5 Right to Buy application being submitted to Scottish Ministers.

Subsection 54(5) requires that a Part 5 Right to Buy application to Scottish Ministers:

(a) must be made in such form as the Scottish Ministers may by regulations require, and

(c) must include or be accompanied by such information as the Scottish Ministers may by regulations specify including information (provided, where appropriate, by or by reference to maps or drawings) about matters mention in subsection 54(6).

Subsection 54(6) includes:

• the reasons the Part 5 community body considers its proposals meet the sustainable development conditions;
• the locations and boundaries of the land in respect of which the community is seeking to exercise the Part 5 right to buy (including where relevant any tenant's interest);
• all rights and interests in the land known to the Part 5 community body;
• and the proposed use, development and management of the land (including where relevant any tenant's interest).

Proposals

The Scottish Government believes the best approach is to model the information required for a Part 5 right to buy application on Part 3A of the Land Reform (Scotland) Act 2003 (the Community Right to Buy Abandoned, Neglected or Detrimental Land), and adapt it for the purposes of meeting the sustainable development requirements in Part 5.

A draft application form has been drawn up similar to that used to apply to buy land under Part 3A of the 2003 Act, but adapted to allow communities to make the case for the requirements under Part 5 of the 2016 Act. This is at Annex C to this consultation.

In terms of the specifications for maps, plans or other drawings relating to land, we propose that any map, plan or other drawing related to the application to buy land under Part 5 must:

(a) be drawn to a metric scale corresponding to a scale used by the Ordnance Survey for that land;

(b) be taxative and not demonstrative only;

(c) show the compass orientation of north;

(d) contain map grid reference numbers and sufficient surrounding details (fences, houses etc.) to enable the position of the land to be fixed accurately;

(e) show the boundaries of the land; and

(f) where measurements are given, give those measurements to one decimal place

Question 13

Do you agree with our proposals for a draft application form at Annex C?

Yes / No / Partially

If you wish, please provide further details, including of how the application form could be improved.

Question 14

Do you agree that the specifications for maps, plans and drawings should be similar to those for Part 3A of the 2003 Act?

Yes / No / Partially

If you wish, please provide further details.