The community of Midmar has been awarded the ‘Right to Buy’ the land and buildings of the Midmar Inn by Scottish Ministers.
The Legislation
The Land Reform (Scotland) Act was passed by the Scottish Parliament on January 23 and received Royal Assent on February 25, 2003. It ended the historic legacy of feudal law and created a framework for responsible access to land and inland water and also for rural and crofting communities to have the right to buy land in their area. The Community Right to Buy (CRtB) in Part 2 of the Act provides the opportunity for community bodies representing rural areas in Scotland to register an interest in and buy registered land when it comes to be sold.
Information on the Land Reform (Scotland) Act can be viewed at the Scottish Government Website
http://www.scotland.gov.uk/Topics/Rural/Land
The CRtB Process
Initially the community must set up a Community Body (CB) and register it as a company limited by guarantee. The CB is then required to make an application to the Scottish Government to demonstrate why they should be awarded the right to register an interest in the land. The application should demonstrate amongst other things:
• A definition of the community
• That the CB has the support of the community
• The extent to which the main purpose of the CB is consistent with furthering the achievement of sustainable development.
• The extent to which the proposed use development and management of the property would consist of or support the sustainable use or development of the land
Once the application is made there is a consultation process involving the current landowner before the application is put before Scottish Ministers for a decision.
The Application
The Community Body registered as the ‘Friends of Midmar Inn Community Company’ submitted the application which can be viewed at the Government Register of Community Interests in Land
The Result
On the 4th July 2008 the Scottish Government wrote to the Community Body confirming the following:
‘In terms of section 38 of the Act, the Scottish Ministers, having considered the application by Friends of Midmar Inn Community Company to register an interest in land at Midmar, Aberdeenshire that includes the Midmar Inn, are satisfied that the community interest be entered in the Register of Community Interests in Land’.
In reaching this decision Scottish Ministers noted the following:-
‘Re-instating the Inn will serve the public interest by allowing the development of exciting and interesting community initiatives aimed at halting the decline of this vibrant rural community’.
‘Re-establishing the Inn will improve the prospects for employment and for other businesses. Engaging local craftsmen to refurbish the premises will help in reversing the economic decline currently being experienced by this community and help generate employment in an area with few options to work locally’.
‘Profits from the Inn will be used to develop the business, extend its range of functions available for use by the community and support local group and projects, thus ensuring the Inn's long term future as a valuable community resource’.
‘In a dispersed community such as Midmar, with a lack of communal facilities, a central meeting place is extremely important’.
What Next
The Right to Buy the Midmar Inn can only be exercised should the current owners choose to sell it. When they do decide to sell, the Community Body will have first refusal to buy and will be given six months to do so. In the mean time work continues on engaging with those members of the community who have not already been consulted and progressing funding and development strategies.
Note
The ‘Community Right to Buy’ and planning legislation are two separate issues and the community and other previous users of the inn continue to strenuously object to any change of use of the premises.