Scottish Planning Series: Planning Circular 5 2011: Disposal of Surplus Government Land - The Crichel Down Rules
This circular sets out the revised non-statutory arrangements known as the‘Crichel Down Rules’ under which surplus Government land which wasacquired by, or under a threat of, compulsion should be offered back to formerowners and their successors
Time horizon for obligation to offer-back
14. The general obligation to offer back will not apply to the following types of land:
i. agricultural land acquired before 1 January 1935;
ii. agricultural land acquired on or after 30 October 1992 which becomes surplus, and available for disposal more than 25 years after the date of acquisition;
iii. non-agricultural land which becomes surplus, and available for disposal more than 25 years after the date of acquisition.
The date of acquisition is the date of entry where acquired by conveyance or the date of vesting, if taken under a general vesting declaration.
Note:
The 25 year time limit for the obligation to offer back agricultural land was introduced in circular 38/1992, which was published on 30 October 1992, giving rise to the date cited in Rule 14 (ii).
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