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Guidance on Engaging Communities in Decisions Relating to Land Guidance on Engaging Contents 02 Communities in Decisions Relating to Land

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Guidance on Engaging Communities in Decisions Relating to Land Guidance on Engaging Contents 02 Communities in Decisions Relating to Land Guidance on Engaging Communities in Decisions Relating to Land Guidance on Engaging Contents 02 Communities in Decisions Relating to Land Ministerial Foreword 03 Part 1 – Overview 04 Introduction Context Who this guidance is for Purpose and scope What local communities can expect Meaning of the term “land” Sector based guidance Part 2 – Engaging with Communities 07 Benefits of engagement When to engage with communities Significant impact Cumulative effects Relationship with existing statutory requirements to consult Who to engage Specialist issues Best practice principles for fair engagement Removing barriers to engagement Joined-up engagement Personal and business information The National Standards for Community Engagement Diagram A – When should I engage? 13 Diagram B – How should I engage? 14 Annex A – Fairness, Rights and Equalities 15 References 20 Guidance on Engaging Ministerial Foreword 03 Communities in Decisions Relating to Land Roseanna Cunningham, MSP Cabinet Secretary for Environment, Climate Change and Land Reform Ministerial Foreword Land is one of Scotland’s most fundamental and we in Scotland can be justifiably proud of the assets. It is essential to achieving sustainable approach we are taking to ensuring that human development, and key to many other important rights are a key part of decisions about land. aspects of people’s lives, from housing to recreation, Accordingly, this guidance takes a human rights from agriculture to mitigating climate change. based approach to engagement. Land underpins communities’ social and cultural development, and is crucial in protecting and I welcome the Scottish Land Commission’s enhancing the environment. In a progressive and involvement in developing the guidance, and the fair Scotland, communities must have a say in the key role it will play in supporting the use of the important decisions about land that affect them. guidance in practice. The Commission will be crucial in the success of land reform, and I look to Engagement helps ensure that the aspirations them to help ensure that this guidance becomes a and concerns of communities across Scotland central part of how decisions about land are made. are rightly taken into account, enabling and empowering them to help shape decisions Scottish Ministers are required to lay a report about land. It helps to create trust between local before Parliament within three years of publishing communities and those with control over land and this guidance, assessing its effectiveness and demonstrates that land is being managed well. setting out any further steps which should be taken to improve its impact. The Commission will help I know that many people with control over land to make this assessment, and over the next three already engage regularly with local communities years I expect to see sustained and significant and have built positive, productive relationships progress towards making sure that community with them. I want to build on this good practice, engagement about decisions relating to land and I expect all those with control over land in becomes the norm. Scotland to engage with local communities in an open and effective way. This guidance will support I’m also pleased that many individuals and those with control over land to take a proactive organisations took part in both formal and approach to engaging with communities about informal consultation about this guidance. That decisions relating to land. has been crucial in shaping the final version of the guidance, and I am encouraged by the positive The Land Reform (Scotland) Act 2016 recognises and purposeful engagement that has taken place. the importance of land to the realisation of a I want to thank everyone who has contributed, and person’s human rights, and that is reflected in I look forward to seeing the results of the guidance the principles of the Scottish Land Rights and in practice. Responsibilities Statement. The statement is the first such document to be published in the world, Guidance on Engaging Part 1 Overview 04 Communities in Decisions Relating to Land Part 1 Overview Introduction 1. This guidance is issued by Scottish Ministers. It supports the greater collaboration and engagement that Ministers expect between those who make decisions about land and the local communities that are affected by those decisions. 2. Many forms of guidance exist relating to particular land related activities, including planning matters, housing, environmental emissions and certain farming activities. This document contains guidance about engaging communities in decisions relating to land generally, and does not relate to any particular land based activity or sector. As such, it applies to all situations where decisions being made about land might affect local communities. 3. The guidance is flexible enough to be useful in a wide variety of circumstances across urban and rural Scotland, and it can take account of changing socio-economic and environmental circumstances and contexts. To support this guidance, the Scottish Land Commission may from time to time issue further advice on its application to real world scenarios. Context 4. Under section 44 of the Land Reform (Scotland) Act 20161 (“the Act”), Scottish Ministers have a duty to issue “guidance about engaging communities in decisions relating to land which may affect communities”. 5. In addition, Principle 6 of the Scottish Land Rights and Responsibilities Statement2 (SLRRS), which was published in September 2017, states that, “There should be greater collaboration and community engagement in decisions about land”. Scottish Ministers are under a legislative duty to promote the principles of the SLRRS when exercising their functions. 6. This guidance meets the requirements of section 44 of the Act and is part of the Scottish Government’s commitment to promote Principle 6 of the SLRRS. 7. Both this guidance and the SLRRS are informed by a consideration of human rights. The United Nations Office of the High Commissioner on Human Rights3 (OHCHR) states that land is not a mere commodity, but an essential element for the realisation of many human rights. 1 http://www.legislation.gov.uk/asp/2016/18 2 http://www.gov.scot/Publications/2017/09/7869 3 http://www.ohchr.org/EN/pages/home.aspx Guidance on Engaging Part 1 Overview 05 Communities in Decisions Relating to Land 8. Human rights include Article 1 of Protocol 1 of the European Convention on Human Rights, which is incorporated into UK law and which protects people’s rights to enjoy their property peacefully. Human rights also include those rights contained in international conventions on economic, social and cultural rights to which the UK is a signatory. This includes rights to basic resources such as housing, food, clothing and water. More detail on human rights can be found in Annex A of this guidance. Who this guidance is for 9. This guidance is for those with control over land, covering both rural and urban Scotland. It is for all private and public sector owners of land and buildings, including individuals, companies and trusts, non-governmental organisations, charities and community owners. It also applies to tenants, of any sort, where they have control over land. 10. Good practice in relation to land means being aware that decisions about land can have an impact on many people’s lives. Community engagement can be about a specific issue, or range of issues, but can also be a means of finding out what the issues are for local people. 11. Engagement creates an opportunity to air issues, establish good working relationships and help to shape decisions about land. Purpose and scope 12. The primary aim of this guidance is to help ensure that people have the opportunity to be involved in decisions about land that affect them. It contains guidelines on when and how engagement should take place and with whom. However, it is neither prescriptive nor exhaustive, and engagement should be tailored to meet local circumstances. 13. This guidance applies to all land in Scotland, both urban and rural, including watercourses, buildings and structures on the land. 14. It does not replace or duplicate statutory requirements for community consultation and engagement where these exist; for example, the requirement under planning legislation for pre-application consultation for proposed major developments. 15. This guidance supports a change across all of urban and rural Scotland, so that engagement and collaboration with local communities about significant issues is the norm and local communities and land owners see each other as partners in achieving sustainable development. 16. The guidance sets out how those who take decisions about land should be proactive in engaging with communities affected by those decisions. Building and maintaining a positive working relationship with representatives of local communities can help decision makers understand when engagement may be necessary. It can also help inform the approach to engagement. 17. Community engagement is a key element of the Scottish Government’s land reform agenda. The Land Reform (Scotland) Act 2016 places human rights at the centre of land reform and this is reflected in the Scottish Land Rights and Responsibilities Statement. All those with responsibility for taking decisions about land are expected to consider and take forward community engagement as set out in this guidance. Guidance on Engaging Part 1 Overview 06 Communities in Decisions Relating to Land 18. Engagement does not give local communities any legal right over land nor any power to direct the actions and decisions of land owners or their delegates. However, engagement will enable communities’ views to be heard and help to shape decisions about land. Engagement will also help to foster trust between communities and those who are making decisions about land, which in turn will often lead to better decisions. What local communities can expect 19. It is reasonable for Scotland’s local communities to expect engagement about land, especially where human rights issues, such as jobs, housing and issues impacting on gender equality, are part of the consideration.
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