Rural communities 'missing out' on 'gold-standard' legislation

However, a major new report has found people living in rural areas are at a disadvantage when it comes to accessing the Scottish Government's "gold-standard" legislation.

It found that depopulation and a lack of volunteers and skills is hampering efforts by community groups in areas including the Highlands to put together bids.

Research, led by Glasgow Caledonian University, also found differing interpretations of the laws by councils has created a "postcode lottery" system.

Some local authorities were said to be "flat out refusing" to engage in any conversation or negotiation with local people.

A community that was decimated by the Highland Clearances also questioned if it was right that they should have to apply for funds to buy land "that was taken from us".

Rosal Clearances Village is one of the largest of many abandoned settlements scattered along Strathnaver on the north coast of Scotland.

Torrisdale Beach near Bettyhill in Sutherland. (Image: STEPHEN YOUNG) Forestry and Land Scotland (FLS), an arms-length body of the Scottish Government, currently owns the site but has made public its intention to sell the land.

At the time of the research, a community group - The North Sutherland Community Forest Trust NSCFT -was in the process of trying to acquire it.

The group expressed concerns that they were applying for funds to pay for a publicly owned piece of land "that was taken away from the community during the clearances" and wanted time to discuss options, such as discounts or nominal fees for purchase.

Some local authorities were said to be reluctant to consider asset transfer requests from community groups for buildings because "if they don't have a purpose we generally try to sell them to raise money for more council services".

Groups reported that they had "not even been able to open communications" about a potential asset transfer, with the council “flat out refusing” to engage in any conversation.

READ MORE:

• Frustration as Scot Gov slashes funding for community buyouts 
• Highlanders faced with crumbling schools plan to follow history-making villagers 
• Scot Gov accused of treating Highlands like a 'cash cow for tourism'

The study found rural communities are more likely than urban areas to face the loss of public services with fewer alternatives in place.

Dr Danielle Hutcheon, a researcher at Glasgow Caledonian and principal investigator of the study said: “There is no doubt the rest of the UK is looking at Scotland and there is substantial learning to be passed on to the other nations in terms of the impact of the legislation.

"In Wales and Northern Ireland there isn't actually any legislation at all. 

"In England, [the laws] only give communities the right to bid which our research showed to be really weak and ineffective and lacks teeth because you've got communities who are bidding against private investors.

"However, our interviewees reported inconsistencies across the authorities, depending on their interpretation and understanding of the legislation, and their willingness to comply."

(Image: GCU)

She said rural communities were more likely to be coming from "a position of threat" (of losing services and assets) rather than choice.

"It's not like in urban communities were services are pared down and they might be an alternative they can use," she said.

READ MORE:

• New MP's cash plea over 'pylons marching to the cities'
• The New Highland Clearances: Find every article in the series here
• How following France's lead could help regenerate Highland towns 

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Earlier this year the Scottish Government was accused of "taking a step in the wrong direction" after slashing funding for community buyouts.

This year's allocation for the Scottish Land Fund is £7.1 million, a drop of £3.9m on the previous year.

The SNP government had aimed to have the fund sitting at £20m annually by 2026.

It was set up in 2000 and three years later the Land Reform (Scotland) Act introduced rights for communities to purchase land.

The government said it remains committed to doubling the £11m fund, which is administered by the National Lottery and HIE, and said it is exploring opportunities for further in-year funding.

Glasgow Caledonian worked alongside Bangor University, the University of the Highlands and Islands Perth College, Anglia Ruskin University, the James Hutton Institute and CommunityThinking.org for the research, which was funded by the British Academy and the Nuffield Foundation, 

The study concludes that The Scottish Land Fund has been "fundamental" to the expansion of community ownership and a similar scheme should be adopted by the other three UK nations.