Scotland's landowners have voiced "extreme concerns" over land reform measures proposed by the Scottish Government, some of which they fear could undermine their human rights.
Scottish Land & Estates (SL&E), the landowners' representative body, has particularly highlighted proposed new powers for Scottish Ministers or another public body - "to direct private landowners to take action" if they are preventing sustainable development in a local area, if necessary by forcing them to lease or sell their land.
It is one of the proposals put out to public consultation by ministers last month. In its submission SL&E challenges the idea of such ministerial intervention if landowners are seen as obstacles simply because of the scale of their ownership .
It stresses that there are "implications in terms of the European Convention on Human Rights (ECHR) that need to be observed regarding government intervention in these circumstances."
SL&E chairman David Johnstone, said "There is extreme concern...about the suggestion of providing powers to Scottish Ministers to intervene in private landownership. The proposal seems to be set in a context where private landowners are considered the barrier to sustainable development rather than part of the solution. "
He said research on barriers to rural development in Scotland had repeatedly identified planning and other regulations, broadband, housing and transport as the main issues. He thought it disappointing that the Scottish Government was still not taking action to address these nor was it taking steps to provide more effective community planning and local decision making.
"This focus on ownership persists despite clear evidence that privately owned land is employed overwhelmingly productivity and is already delivering a wide range of public benefits. It benefits local communities through tourism, job creation, agriculture, housing and more. We remain firm in our assertion that private and community ownership should not be viewed as opposite ends of a spectrum - both ensure the viability of our rural areas," he said.
Meanwhile the prospect of sporting estates losing their current business rate exemptions look like ending, is also opposed, Mr Johnstone said:
"Sporting estates are also too readily singled out in a negative light when they are businesses that make a key contribution to tourism, local employment and the environment. Both shooting and stalking in the Scottish context are low margin operations but can provide significant contributions to many remote, fragile communities. The government has misrepresented the reasons for these rates being abolished and has failed to provide any indication of the impact of reintroducing sporting rates."
He added that, overall, the body would like to see far more acknoledgement from ministers of the significant problems facing rural development.
Mr Johnstone added that there had been a 'myriad' of research into rural growth carried out in recent years which showed that numerous barriers exist.
He added: "Yet the focus remains solely on land ownership. There is no evidential basis for this approach.
M Johnstone continued: "Research on barriers to rural development in Scotland repeatedly identifies planning regulations, other regulations, broadband, housing and transport as the main issues. It is disappointing that the Scottish Government is still not taking action to address these nor is it taking steps to provide more effective community planning and local decision making."
A Scottish Government spokeswoman it welcomed all views on land reform. She added: "We would encourage all those with an interest in the matter to respond to our on-going consultation which closes on the February 10."
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