Sale of land at Barhill: EIR release

Information requested

1. What factors prompted officials to approve the sale despite the stated “Position”?

2. How was the sale considered to be “materially beneficial” to management of NFL?

3. Are any restrictions provided against resale?

4. If restrictions exist, will they be enforced and if so, how?

Response

1. What factors prompted officials to approve the sale despite the stated “Position”?

Ans: The sale of this land formed part of a transaction which made a material improvement to FLS’ ability to manage the wider landholding on behalf of the Scottish Ministers. In exchange for the disposal of the land in question, FLS was granted a servitude right of access along this stretch of Barhill road for all forestry purposes with a condition that the purchaser demolish two granite gate posts on the road to enable wider harvesting machinery to pass.

2. How was the sale considered to be “materially beneficial” to management of NFL?

Ans: At the time of the sale, the above mentioned gate posts had historically restricted FLS forestry machinery access along Barhill road. FLS has no other viable timber haulage access into Bar Hill Plantations. Thinning operations in Bar Hill Plantations had required forwarders to be unloaded from their trailers and individually driven through the gate posts due to the combined width of the trailers being too wide to pass through. This resulted in increased cost and time added on to the operations. As larger vehicles are going to be used into the future, the proposal that the neighbour demolish the posts and grant the new servitude access rights would materially reduce FLS costs into the future. The commercial terms of the transaction were negotiated for FLS by a third party agent as required per the terms of the Scottish Public Finance Manual.

3. Are any restrictions provided against resale? The disposal is subject to a development Clawback.

Ans: Agreement and standard security restricting the use of the ground to one residential dwelling with ancillary buildings (eg garage). These restrictions will last for the duration of the clawback agreement and would apply to any future purchaser of the land. The legal documents relating to this transaction are all registered in the Registers of Scotland and so in the public domain.

4. If restrictions exist, will they be enforced and if so, how?

Ans: The Clawback Agreement will be enforced through our legal representatives should FLS become aware of any actions which trigger the provisions contained therein.

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