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ARTICLE · 17 OCTOBER 2012

Community Empowerment Or Commercial Pitfall?

In June of this year Derek Mackay, Minister of Local Government and Planning, launched an exploratory consultation.

United KingdomGovernment, Public Sector
Laurence Fraser
Laurence Fraser
Alan Bauchop
Alan Bauchop
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Introduction

In June of this year Derek Mackay, Minister of Local Government and Planning, launched an exploratory consultation on a range of ideas for the proposed Community Empowerment and Renewal Bill designed to:

  • strengthen community participation
  • unlock enterprising community development, and
  • renew our communities

Arguably, one of the most controversial ideas floated in the consultation paper was the possible extension of a community right to buy to urban Scotland. 

Existing Community Right to Buy in Rural Areas

At present, under the Land Reform (Scotland) Act 2003, community bodies may in certain circumstances exercise a right to buy land and buildings in rural areas of Scotland.  There are a number of pre-conditions under the 2003 Act - including that the land in question must be located within a settlement with a population not exceeding 10,000 people - which currently effectively excludes any land or buildings located within any urban area

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