Consultation On The Proposed Community Empowerment - Scottish ...

“Any action taken by a local authority in relation to an
enforced sale must be taken with the positive benefits to the
local community in mind. Therefore, a “first right” to the
community to use the property to support locally agreed
priorities and initiatives would be advantageous.”
(East Lothian Council)
“This presupposes appropriate community structures exist
capable of taking on this role. If they do not, there is a danger
of a single interest group using such legislation to its own
rather than the community’s interest.”
(Midlothian Council)
5.85 Some additional points made by other respondents included:
“With regards to re-use of residential properties we can see
some benefit in allowing communities to have an influence
over how such properties are used, i.e. by an RSL or Local
Housing Trust, rather than a first right of direct ownership.”
(Scottish Empty Homes Partnership)
“We would... urge caution in relation to the proposal to link a
local authority’s power to enforce the sale or lease of a
vacant property to the right for the community to take it over.
This is because we would want the parties involved to be
certain that the property constitutes an asset to the
community rather than a liability.”
(The Big Lottery Fund)
“There is no reason why a community should be given a right
of pre-emption. If a council enforces the sale of an empty
property, it should be sold on the open market, but the owner
should not be required to accept any offers below the DV
valuation. Any right of pre-emption reduces the valuation of
a property and we would therefore not support this proposal.”
(Scottish Land and Estates)
5.86 Lastly under this theme, respondents were asked in what circumstances a
community should have the right to buy or lease property before others. Just
over a quarter of respondents answered this particular question.
5.87 A number of respondents referred to the views they had expressed in
response to a community right to buy. Circumstances frequently mentioned
included:
where a need has been identified;
where the community group has the capacity and wider community
support; and
where enforced sale was instigated for the purpose of this particular
community use.
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