Newington's Jodie Gordon provides insight into the Scottish Government’s guidance on community engagement and the potential implications for developers.

Following the, somewhat controversial, Land Reform (Scotland) Act 2016 being passed by the Scottish Parliament in April 2016, the Government has now published their consultation on draft guidance, setting out the details for further engagement of communities in decisions relating to land.

The consultation, which closes 16 June 2017, encourages land owners and managers to develop “co-operative and positive working relationships with local communities”. The aim is to empower communities and create mutually beneficial outcomes for economic, environmental, social or cultural issues. This follows the central aims of the Land Reform Act to prioritise transparency, accountability and community ownership.

What are the potential implications for land owners and land managers?

The guidance will apply to all types of land owner and land manager and emphasises the responsibility of such stakeholders to positively and proactively engage with communities about decisions they are taking in relation to land which may affect the community. This includes situations where the decision is being taken to continue with the land’s existing use. Engagement may be formal or informal but should be proportionate to the impact land decisions may have on a community.

The guidance also relates to the Land Reform Act’s “Right to buy”, which is to become operational in 2018. This will grant Scottish Ministers the power to consent the transfer of land to a community body where this is likely to deliver significant benefit to the community, and sustainable development. The consultation also makes clear that if a land owner has not shown regard to the guidance, Scottish Ministers could consider this as part of the evidence provided by a community body to support an application for the right to buy, increasing the importance of undertaking effective community engagement further.

Isn’t community engagement already statutory as part of the Scottish Planning process?

Yes, developers are required to engage with communities in the vicinity of their proposed developments. While the guidance sets out that there is no expectation that additional engagement should be undertaken, the Government makes clear it wants to see more of this collaboration.

The new guidance encourages land owners, managers and developers to consider the benefits of supplementary engagement. It also emphasises the benefits of engaging with local communities at the earliest opportunity, prior to any formal planning application being submitted.

When community engagement is carried out well it can lead to land owners, managers and developers being viewed as valued members of the community who contribute to the community’s wellbeing and sustainable development. Members of the community can also provide significant value by providing local intelligence. This important sharing of information can help establish positive working relationships and generate critical local support for forthcoming land decisions.

Newington’s Scotland office can help to provide effective community engagement and identify the correct stakeholders with whom to engage. We can also provide support with drafting responses to Scottish Government consultations. For more information, please contact Jodie Gordon.