Consultation On The Proposed Community Empowerment - Scottish ...

4.32 This approach was backed by Development Trusts Association Scotland, who
did add the rider that “where an asset is being transferred at considerably less
than market value, then some kind of monitoring of ongoing community/ public
benefit being delivered would seem reasonable.”
4.33 The question was asked whether communities should have the power to
request public sector transfer of certain unused or underused assets. In the
easy read version this was expressed as “the right to ask for the land and
buildings”. The consultation document itself talked about giving a right to
request transfer where the community can show it will use the asset to greater
benefit. Respondents therefore approached the issue from slightly different
angles.
4.34 In terms of the question actually posed, the overwhelming view from all
groups was that communities should or indeed do have the right to ask.
“We are not clear what ‘a power to request’ would add to the
current situation. Any community is at present able to make
a suggestion to a public body that they transfer unused or
underused assets.”
(Glasgow and West of Scotland Forum of Housing Associations)
4.35 Several local authorities simply answered “yes”.
4.36 What was clear from the responses was that the real issue is how the public
sector body then deals with such requests.
“Right to ask, yes. Right to expect, no!”
(Individual)
“Communities should be able to request, but asset transfer
should be a choice and not an imposition and there should
also be the right on the part of the local authority to
reasonably refuse the request where it is inappropriate.”
(Scottish Land and Estates)
4.37 One suggestion as to how to resolve any dispute over what is reasonable for
a local authority came from Oxfam Scotland:
“The Scottish Government (via a Poverty Commissioner)
should be able to ‘call in’ the decisions of local authorities
when they do not favour the community (the way they do in
favour of business).”
(Oxfam Scotland)
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