Consultation On The Proposed Community Empowerment - Scottish ...

“Councils will be challenged on judgements about public
interest; so use of courts is a likely outcome in most cases.
Application for permission via the court system would speed
matters up rather than having to face challenges after
decisions are made.”
(Midlothian Council)
“No, it would be preferable for this power not to require
involvement of the courts, as the cost and time implications
for court action would be prohibitive for most local authorities.
There does need to be a formal process for approving an
authority’s proposal to sell or lease a home. This process
would have to be transparent and consistent, with clear
guidelines and unbiased decision making. However, it must
also be straightforward, inexpensive, and quick to implement,
otherwise it will not be effective.”
(West Lothian Council)
5.81 Respondents view’s were sought on whether the local community should have
‘first right’ to buy or lease the property if a local authority enforces the sale of
an empty property. Within community and third sector groups, most
respondents favoured this “first right”. Representatives of local authorities and
professional bodies were, for the most part, against this proposal.
5.82 Those supporting the proposal referred in many cases to the local knowledge
of local needs. Some mentioned the principle of supporting community
empowerment.
“The proposal aligns with the principle which we support of
asset transfer.”
(Clackmannanshire Council Partnership)
5.83 Many who agreed with or were more neutral on the proposal expressed some
reservations:
only if the community has the need and the capacity;
only if the enforced sale was instigated for the purpose of the community
use concerned;
subject to community consultation on potential uses and users; and
from a community group’s point of view, leasing may be better than
buying.
5.84 Local authorities expressed differing views. One suggestion was that this
should not apply to empty housing – where the presumption would be re-use
as housing either for social rent or for owner-occupation. Another comment
was that any onward sale other than for the purpose specified at the time of
enforcement risked legal challenge (as would be the case with compulsory
purchase at present). Several local authorities stated that they would have to
recoup their full costs.
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