Land Reform – Housing and Regeneration

Land Reform Review

• Land Reform Review Group established by Ministers 2012

• LRRG Report ‘Land of Scotland and the

Common Good’ published May 2014

• Makes 60+ Recommendations

The Nine Housing and Regeneration Recommendations

• Land Ownership– Modernise Compulsory Purchase legislation– Right of Pre-emption for SG / LAs

• New Housing– Establish Housing Land Corporation– Housing Land Corporation – Rural focus

Cont’d

• Urban Renewal– Introduce Compulsory Sale Order (CSO)– Community Bodies able to request CSO– Majority Land Assembly Measure– Urban Partnership Zone– Scottish Government to support greater emphasis

on public interest led development

Scottish Government Scoping Exercise

• Determined that :• No data could be reliably used to understand

scale and nature of the problems• Potential for existing systems to be improved• Unable to conclude recommendations were

actually needed• Advice to Ministers, more focused and

evidenced based consultation

Scottish Government Scoping Exercise

• Response:• Agreed consultation way forward• Willing to legislate in next Parliament if

conclusions from consultation support

Issues identified

• Do we understand the extent of development problems to enable us to meet the gap between supply and need?

• Are the recommendations the right means to resolving blockages?

• Are some answers already there in good practice and achievements but sharing and dissemination is the problem?

• Can we talk to those who have the knowledge and experience to obtain substantive evidence?

Process• Series of geographical meetings and sectorial meetings to discuss and

gather evidence• Invite lists for geographical meetings were people in the public and private

sectors involved in housing development and regeneration delivery• Glasgow, Edinburgh, Aberdeen, Dundee, Inverness and Troon• 35 attendees on average per meeting • Set agenda• Collation of evidence and views

Process

• Practical examples of land assembly projects on the agenda – three per meeting – wide range – positive and negative

• People then split into three groups to discuss the recommendations as per the categories in the Report

- Land Ownership- Urban Renewal- New Housing• Series of questions round the recommendations• Reconvened to discuss views and opinions • Revisited examples to see if adoption of the recommendations would have

made any difference

Process• Sectorial meetings with:

Infrastructure providersHomes for Scotland

Law Society’s Rural Affairs and Land Reform CommitteesRICS – valuers, land agents and surveyorsHeads of Planning ScotlandCommunity developers• Opportunity to review outcomes from the geographical meetings

Evidence and Views

• Nature and scale of the problem and barriers to development

• Data available, but not meaningful• Generous supply of land, but definition of

effective?• Land values, site viability, finance, market

conditions and infrastructure provision – major barriers

• Planning, joined-up thinking between services

Evidence and Views

• Compulsory Purchase system – views on modernisation

• Current system onerous, costly, uncertain and resource intensive

• Skills and confidence issue for local authorities• Successful use ( or threat of use ! ) by some

LAs as is – what can we do without legislation?• Scottish Law Commission

Evidence and Views

• Right for SG and LA’s to register a statutory right of pre-emption over land where there is a public interest. Already available to communities/agricultural tenants – 2003 Act

• Uncertain how operate – timescales and certainty of owning land at the end of the process

• May enable longer term views of development• Pilot approach possible

Evidence and Views

• Majority Land Assembly Measure – analogies with company law, use in other countries

• Presupposes positive action by developers to acquire the majority interest – 90% - risk?

• Confusion with CPO’s • If private sector initiated, human rights issues• Could eliminate ransom strips? Highland

examples

Evidence and Views

• Urban Partnership Zones for land pooling or property land readjustment – risk and benefit sharing – JV approach over defined site/area

• Many examples of effective partnership already – Dundee waterfront - masterplan

• Can we achieve the intentions with existing good practice?

• Rural dimension

Evidence and Views

• Compulsory Sales Order – public interest trigger for compulsory sale of land at auction – VDLF designation – mixed objectives

• CPO’s could achieve same thing, but could work for small plots and buildings

• Strict criteria to justify public interest• Concern about use of auction mechanism

without reserve price• Grass roots community access to land?

Evidence and Views

• Housing Land Corporation – acquisition and development of sufficient land to deliver supply

• Aim supported but may not be right mechanism – one size does not fit all

• Central unit/resource available to LA’s, backed with real funding and flexible criteria to deliver

• Bank – conduit for funds for actual delivery by democratically elected LA’s

Evidence and Views

• HLC – emphasis on needs of rural communities

• Even more need to build on good existing practice and innovation – HSCHT and HHA

• Rural Community Alliance approach allow for community engagement rather than top down

• Targets may be useful, but rural impacts often not measured in scale alone

Evidence and Views

• Public interest led development• Public sector leadership/vision/intervention –

skills required. Examples – Dundee Waterfront• Can take risks and provide confidence• Access to finance – grant/borrowing• Public objectives through planning for

sustainable, high quality places• Greenfield versus Brownfield - regeneration