Consultation On The Proposed Community Empowerment - Scottish ...

More documents

Recommendations

Info

“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. 107
5.88 One local authority again made the point that any community pre-emption right should exclude domestic property, which should be re-used in the first instance to meet housing need. And several others mentioned the need for any purchaser to meet market costs (or costs incurred by the local authority). 5.89 Summing up many of the views expressed on the circumstances in which a community should have the right to buy or lease property, one community council stated: “In any circumstances, provided the community has a realistic proposal for the use of the property and the local authority recoups its costs”. Nairn West Community Council 108
Page 1 and 2:
Consultation on the proposed Commun
Page 3 and 4:
CONTENTS EXECUTIVE SUMMARY 1. INTRO
Page 5 and 6:
While many public bodies engaged in
Page 7 and 8:
Audit Scotland indicated that commu
Page 9 and 10:
However, a majority felt that commo
Page 11 and 12:
1. INTRODUCTION About this report 1
Page 13 and 14:
2. OVERVIEW OF RESPONSES Introducti
Page 15 and 16:
Table 2.2: Consultation Analysis Th
Page 17 and 18:
“The first step is communication;
Page 19 and 20:
3.8 Respondents made a number of su
Page 21 and 22:
“In our experience, community eng
Page 23 and 24:
Theme 2: Overarching Duty to Engage
Page 25 and 26:
3.26 Others reflected that although
Page 27 and 28:
3.34 The number of respondents who
Page 29 and 30:
3.44 NHS Greater Glasgow and Clyde
Page 31 and 32:
3.48 A number of community councils
Page 33 and 34:
“Their constitution makes it diff
Page 35 and 36:
3.64 Views from respondents on the
Page 37 and 38:
3.69 The Society of Local Authority
Page 39 and 40:
3.78 Others felt that there might e
Page 41 and 42:
3.87 The numbers expressing opposit
Page 43 and 44:
Theme 6: Community Engagement Plans
Page 45 and 46:
3.103 Respondents were also asked a
Page 47 and 48:
“Whilst participation is covered
Page 49 and 50:
3.118 One respondent questioned whe
Page 51 and 52:
3.128 The numbers expressing opposi
Page 53 and 54:
Theme 10: Community Service Deliver
Page 55 and 56:
3.149 Some respondents suggested th
Page 57 and 58:
Theme 11: Community Directed Spendi
Page 59 and 60: “There requires to be a balance b
Page 61 and 62: 3.175 Engagement’ was also discus
Page 63 and 64: “There are key buildings and piec
Page 65 and 66: 4.12 Other respondents concentrated
Page 67 and 68: 4.18 The Community Woodland Associa
Page 69 and 70: 4.26 Some respondents suggested tha
Page 71 and 72: 4.32 This approach was backed by De
Page 73 and 74: Theme 15: Common Good This theme co
Page 75 and 76: 4.49 Reasons put forward by those i
Page 77 and 78: 4.58 Some respondents suggested tha
Page 79 and 80: “Our understanding is that common
Page 81 and 82: 4.67 Very few respondents argued ag
Page 83 and 84: “A single point of contact would
Page 85 and 86: Theme 17: Allotments This theme cov
Page 87 and 88: Theme 18: Definitions for Part 2 Th
Page 89 and 90: 5.4 Another more fundamental qualif
Page 91 and 92: “Only assets which are not requir
Page 93 and 94: 5.17 Several respondents from commu
Page 95 and 96: “Unless this is done, councils an
Page 97 and 98: Theme 21: Dangerous and Defective B
Page 99 and 100: Theme 22: Compulsory Purchase This
Page 101 and 102: “We believe that a “right to re
Page 103 and 104: 5.56 The wording of this question c
Page 105 and 106: 5.65 It was also suggested that the
Page 107 and 108: 5.71 The vast majority of those who
Page 109: “Councils will be challenged on j
Page 113 and 114: Theme 25: Assessing Impact This the
Page 115 and 116: “Community gardens and allotments
Page 117 and 118: APPENDIX ONE: LIST OF RESPONDENTS T
Page 119 and 120: Other community organisations and t
Page 121 and 122: Poverty Truth Commission Ramblers S
Page 123 and 124: Scottish Community Development Netw
Page 125 and 126: APPENDIX TWO: QUANTITATIVE ANALYSIS
Page 127 and 128: 3. Are there any changes that could
Page 129 and 130: 5. Should the various existing duti
Page 131 and 132: Theme: Community Councils 6. What r
Page 133 and 134: Theme: Third Sector 9. How can the
Page 135 and 136: Theme: Community Engagement Plans 1
Page 137 and 138: Theme: Named Officer 13. Should pub
Page 139 and 140: Theme: Community Service Delivery 1
Page 141 and 142: 19a. What areas of spending should
Page 143 and 144: Theme: Definitions for Part 1 20. P
Page 145 and 146: 21b. How should an ‘urban communi
Page 147 and 148: 22b. What information should a publ
Page 149 and 150: 24. Should communities have a right
Page 151 and 152: 26a. What should a local authority
Page 153 and 154: Theme: Asset Management 27. Should
Page 155 and 156: 29. Should each public sector autho
Page 157 and 158: Theme: Definitions for Part 2 33. P
Page 159 and 160: 34b. What, if any, conditions shoul
Page 161 and 162:
37. Are there any other changes tha
Page 163 and 164:
Theme: Compulsory Purchase 40. Shou
Page 165 and 166:
Theme: Power to Enforce Sale or Lea
Page 167 and 168:
43. Should local authorities be giv
Page 169 and 170:
44. If a local authority enforces a
Page 171 and 172:
Theme: Assessing Impact 46. Please
Page 173 and 174:
Easy Read Questionnaire 1. What doe
Page 175 and 176:
6. Should local communities be invo
Page 177 and 178:
10. Do you think communities should
Page 179:
© Crown copyright 2012 You may re-
show all

Consultation On The Proposed Community Empowerment - Scottish ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?