Making More of ’s Land Our Strategic Plan 2018 to 2021 ’s Purpose: To focus government and public services on creating a more successful country, with opportunities for all of Scotland to flourish, through increasing sustainable economic growth Contents We live longer, We have tackled the significant We realise our full healthier lives inequalities in Scottish society We live in economic potential well-designed, with more and better sustainable places employment National Outcomes where we are able opportunities we contribute to to access the Foreword 03 for our people amenities and services we need Background to the We have strong, resilient Scottish Land Commission 04 and supportive communities We value and enjoy where people take our built and natural responsibility for their environment and protect The Strategic Context 07 own actions and how it and enhance it for they affect others future generations Our vision Our Vision 08 is a fair, inclusive and productive system of ownership, Outcomes 09 management and use of land that delivers greater benefit Objectives 10 for all the people of Scotland. Priorities 12

Delivery 14 OBJECTIVES Building Our Organisation 15

Productivity Diversity Accountability

PRIORITY AREAS

Land for Contact us Land Agricultural Housing and Decision- Ownership Holdings Development Making [email protected] 0300 244 4452 Find us on: www.landcommission.gov.scot LONG TERM OUTCOMES FOR LAND REFORM

Fewer Fall in Increase Improved Fewer land Fall in Increase Increase constraints area of in community in number relations constraints concentration community to supply of vacant and involvement of lease or between to place of land control of land for derelict ownership in land joint venture agricultural making housing land management land agricultural landlords and decisions holdings tenants www.landcommission.gov.scot 01 We intend the“ Scottish Land Foreword Commission to combine The land of Scotland is as remarkable as it is evidence with challenge diverse. It has been moulded by the actions of and innovation in driving countless generations, and in turn helped to shape the people that we are. But many Scots believe change wherever it is that our land could deliver more for our country. needed to make more In both rural and urban contexts people point to areas of dereliction, a shortage of housing of Scotland’s land sites, constraints on community development, for Scotland’s low productivity land uses and conflicts between different interests. Recognising that many of people. those who own and manage land do an excellent job, people nonetheless question whether our ” framework of land ownership and use is fit to meet the aspirations of today.

In 2014 the Scottish Government commissioned two important reviews of legislation and policy in relation to land – the Land Reform Review and the Agricultural Holdings Legislation Review. Their recommendations fed directly into the Community Empowerment (Scotland) Act 2015 so that it maintains its relevance in a changing and the Land Reform (Scotland) Act 2016. economic, social and cultural context. It is the Perhaps most significant was an emerging task of the Scottish Land Commission to ensure consensus that if Scotland was really to make that this framework evolves fast enough to keep the most of its land then it would need some up with change, and in ways that fully reflect that form of dedicated statutory organisation to shifting context. It is, in short, both a pressing provide the necessary drive and focus. and a long-term job.

The Scottish Land Commission came into being This Strategic Plan outlines our priorities for the as a statutory public body on 1 April 2017. next three years. We cannot possibly address every It has been given an initial remit by Scottish outstanding issue immediately, but we can identify Ministers that is as ambitious as it is wide ranging. the most important opportunities and accelerate the The Scottish people now have a mechanism process of reform. We have a statutory function to for driving forward land reform that previous review and advise on legislative and policy change, generations could only have dreamt of. but as important will be the leadership role we can play in delivering non-regulatory culture change. Land reform is a continuous process, it is not We intend the Scottish Land Commission to an event. It is the means whereby the legislative, combine evidence with challenge and innovation policy and cultural framework within which land is in driving change wherever it is needed to make owned, managed and used continuously evolves more of Scotland’s land for Scotland’s people.

Andrew Thin Hamish Trench Chair Chief Executive

02 www.landcommission.gov.scot www.landcommission.gov.scot 03 Background to the ...overarching aim Scottish Land Commission “to“ advocate for a clearly understood modern system The Land Reform (Scotland) Act 2016 The Land Commissioners must consider and The Tenant Farming Commissioner must of varied ownership, (the Act) established the Scottish Land advise on any matter that Scottish Ministers may exercise these functions with a view to management and use of land Commission (the Commission) as an refer to them, and in exercising their functions encouraging good relations between executive non-departmental public body they must have regard to the Land Rights and landlords and tenants of agricultural holdings. which enables communities which became operational on 1 April Responsibilities Statement published by Scottish Scottish Ministers must review the Tenant across Scotland to flourish, 2017. The board of the Commission is Ministers and updated from time to time. Farming Commissioner’s functions no later than 31 March 2020, and may then amend, made up of five Land Commissioners and development to be sustainable The functions of the Tenant Farming remove or add to these functions as they see fit. one Tenant Farming Commissioner, all of Commissioner are described in section and where disputes whom are appointed by Scottish Ministers. 24 of the Act – The Commission’s initial Framework Document, are minimal”. The organisation is based in and agreed with Scottish Ministers, gives us an employs a small core staff. • to prepare codes of practice on agricultural holdings overarching aim “to advocate for a clearly ” understood modern system of varied ownership, The functions of the Commission are • to promote the codes of practice management and use of land which enables described in section 6 of the Act – • to inquire into alleged breaches communities across Scotland to flourish, development to be sustainable and where • to provide the Land Commissioners and of the codes of practice Tenant Farming Commissioner with the • to prepare a report on the disputes are minimal”. property, staff and services needed to operation of agents of landlords perform their respective functions and tenants More specifically the Framework Document sets out strategic aims that require us to – • to make such arrangements as are • to prepare recommendations for appropriate and practicable for the a modern list of improvements to • promote a stronger relationship coordination of the performance of agricultural holdings between the people and the land those respective functions. • to refer for the opinion of the Land • ensure that the ownership and use of Court any question of law relating The functions of the Land Commissioners land delivers greater public benefit to agricultural holdings are described in section 22 of the Act – • improve the potential for land, both • to collaborate with the Land urban and rural, to contribute to the • to review the impact and effectiveness Commissioners in the exercise success and development of Scotland’s of any law or policy of their functions to the extent that people and communities. • to recommend changes to any law or policy those functions relate to agriculture The Land Commissioners: (left to right) • to gather evidence and agricultural holdings On 1 April 2017 the Commission published Megan MacInnes, Professor David Adams, • to carry out research • to exercise any other functions an Interim Corporate Plan. This Strategic Plan Andrew Thin (Chair), Dr Bob McIntosh • to prepare reports conferred on the Commissioner sets the direction for the Commission’s work (Tenant Farming Commissioner), • to provide information and guidance. by any enactment. from January 2018 to 2021. Dr Sally Reynolds and Lorne MacLeod

04 www.landcommission.gov.scot www.landcommission.gov.scot 05 The Strategic Context ...’to focus the“ government This Strategic Plan sets out how we will The connected and dynamic nature of the strategic and public services contribute to the Scottish Government’s context means we need to maintain a degree of on creating a more central purpose ‘to focus the government flexibility within this strategic plan to respond to and public services on creating a more changes and emerging issues over the coming successful country, with successful country, with opportunities three years. for all of Scotland to flourish, through opportunities for all of In reviewing this context we identify several areas increasing sustainable economic growth’. Scotland to flourish, where a land reform response is likely to be required. Some of these will require new legislation, while through increasing Our work will build on the policy direction other areas can be addressed through adjustments established through the Land Reform (Scotland) sustainable economic to public policy. Many should simply require a Acts 2003 and 2016, the Community Empowerment commitment to working together and doing things growth’. (Scotland) Act 2015, the Land Rights and differently and so may be best addressed through Responsibilities Statement and the foregoing guidance and codes of practice. Most will require reviews of Land Reform and Agricultural Holdings. ” research, analysis and engagement before we can be confident in recommending what the most More widely we will ensure the Scottish Land appropriate response should be. Commission’s work contributes to the successful delivery of Government strategies including the Economic Strategy, Land Use Strategy, National Planning Framework, planning reform, and the Climate Change Plan.

We have identified the following as influential factors in government thinking that help determine our strategic prioritisation: • The importance of continuing to grow the Scottish economy; • The significance attached to doing so in a socially inclusive and sustainable manner; • The emphasis placed on empowering communities to do things for themselves; • The emphasis placed on the realisation of economic, social and cultural human rights.

06 www.landcommission.gov.scot www.landcommission.gov.scot 07 Our Vision Outcomes

Our vision is a fair, inclusive and productive The Scottish Government’s National system of ownership, management and use of Our vision Performance Framework sets out the high land that delivers greater benefit for all the is a fair,“ inclusive and level National Outcomes to which our work We have identified the following long people of Scotland. contributes. The pervasive reach of land term (10 year +) outcomes for land productive system of reform into so many aspects of our lives reform to which our work will contribute Our vision is a dynamic one in which land brings many of these into focus, but the and for which we will establish baseline reform is a constant theme in the work of ownership, management following will be the most important: data and monitoring: government at all levels, and where land rights and responsibilities are continually updated to and use of land that • We realise our full economic potential • There will be fewer land constraints reflect evolving circumstances. delivers greater benefit with more and better employment to effective public interest-led opportunities for our people; development and place-making; In this vision we see a cultural shift in for all the people • We live longer, healthier lives; • The supply of land for housing will understanding of land ownership, its rights and • We have tackled the significant be less constrained by land tenure responsibilities. We envisage a better balance of Scotland. inequalities in Scottish society; and land values; between public and private interests and an • We live in well-designed, sustainable • The net area of vacant and derelict increasingly diverse pattern of land ownership ” places where we are able to access land will be falling; the amenities and services we need; and tenure which properly reflects national • The level of concentration in land and local aspirations and human rights. • We have strong, resilient and supportive ownership patterns will be falling; communities where people take responsibility for their own actions • The level of community involvement and how they affect others; in land management decision making will be rising; • We value and enjoy our built and natural environment and protect it • The number of communities and enhance it for future generations. exercising ownership or control of land will be rising; • The number of agricultural units managed through a lease or joint venture will be rising; • The relationships between agricultural landlords and tenants will be improving.

08 www.landcommission.gov.scot www.landcommission.gov.scot 09 Objectives

Our work over this three year period will be guided by three strategic objectives:

PRODUCTIVITY ACCOUNTABILITY is central to our vision for land reform. We must is a critical part of any system where the decisions ensure that Scotland’s land is used effectively. of a few potentially impact on the interests of many. We want to focus our efforts on identifying barriers We must improve the accountability of land owners to productive use of land, and devising new ways and decision makers to the Scottish people and of overcoming them to unlock energy and creativity. ensure communities are empowered to influence We define productivity firmly in a three-dimensional land management and use. It becomes of vital way, reflecting the economic, social and cultural significance in a property owning democracy where PRODUCTIVITY – aspirations implicit in the International Covenant title to most of our land is held by relatively few on Economic, Social and Cultural Rights. We see people, and where land rights carry with them To drive increased economic, social the purpose of increasing productivity as being to robust responsibilities. We see the owners of land and cultural value from our land further the wellbeing of all the Scottish people, as being ultimately accountable to the Scottish with no one interest gaining unreasonably at the people for the actions that they take and we see expense of another. strong accountability systems as being key to ensuring that this is effective. Ensuring communities are empowered to influence decisions is integral DIVERSITY to robust accountability. of land ownership patterns is vital to encourage a thriving society where no single type of ownership dominates the landscape. We must encourage a more diverse pattern of ownership and ensure the benefits from land are shared more inclusively, DIVERSITY – building on the idea of land for the many not just for the few. There is a current and widespread To encourage a more diverse pattern of land ownership perception that Scotland has a narrow ownership with the benefits of land spread more inclusively pattern that impedes both productivity and equity. We need to get an accurate understanding of this and how diversifying ownership patterns could maximise the productive management and use of land and spread the benefits more widely.

ACCOUNTABILITY – To ensure decision-making takes account of those affected and responsibilities are met

10 www.landcommission.gov.scot www.landcommission.gov.scot 11 Priorities

Our strategic priorities for 2018-21 reflect both the complexities We recognise there We recognise there are many connections of the strategic context and the breadth of ambition implicit between these four programmes of work and we “are many connections will take an integrated approach to delivering them. in Scottish Government and wider societal aspirations. They between these four In particular we recognise that the realisation of build on the Land Reform (Scotland) Act 2016, the Community the human rights inherent in Scotland’s framework Empowerment (Scotland) Act 2015, the Land Reform Review programmes of work for land reform, articulated in the Land Reform Act Report 2014 and the Land Rights and Responsibilities and we will take an and the Land Rights and Responsibilities Statement, Statement. They set out areas of work through which we seek requires further understanding and development. to deliver real progress on the ground during this plan period integrated approach This will be a common theme of work running as well as laying the groundwork for longer term reform. to delivering them. through our programmes for the coming three years. ” Our strategic priorities for 2018-21 are focused on four core areas of work:

LAND FOR HOUSING LAND OWNERSHIP LAND USE DECISION-MAKING AGRICULTURAL HOLDINGS AND DEVELOPMENT Reform of the way in which land markets There are fundamental questions about the Decisions on land use and management have There is a pressing need to address tenure barriers determine the pattern and quality of development diversity and equity of land ownership that we wide implications that can impact many people. to farm investment and productivity, improve the has potential to address pressing social and need to address. We will seek to understand We will seek to improve the quality and availability of land to farm and create a better economic needs, particularly provision of good the impacts and identify opportunities for accountability of decision making through: functioning system of tenanted land. In delivering quality housing at affordable levels. We will seek change through: the functions of the Tenant Farming Commissioner • Promoting inclusive decision making, to stimulate reform in both an urban and rural we will focus on: • Addressing the impacts of scale and collaboration and a culture of accountability; context through: concentration of land ownership; • Addressing policy coherence and alignment • Improving the relationships and efficiency of • Identifying measures to bring vacant and • Reviewing the impacts of ownership through local, Scottish and UK levels in order agricultural lease and joint venture mechanisms; derelict land into use for housing and other structures, tax and fiscal arrangements to better inform decisions. • Reviewing options for improving availability productive development; on the public interest; of land for those who want to farm; • Reviewing ownership constraints to land • Improving the effectiveness of • Keeping under review the implications for assembly for development; community right to buy mechanisms agricultural tenure of land ownership structures, • Reviewing ownership constraints to delivery and identifying measures to secure taxation and Brexit. of housing, including land banking; more community benefit, use and ownership from Common Good Land. • Investigating ways in which a more strategic approach to public interest-led development and land supply can unlock more productive use of development land.

12 www.landcommission.gov.scot www.landcommission.gov.scot 13 Delivery This plan Building Our Organisation draws“ together the The Scottish Land Commission’s role functions of both the In this first Strategic Plan we recognise Our emphasis on flexibility will place significant combines leadership and non-regulatory the need to be clear not only about our demands on our financial management culture change with statutory functions Land Commissioners vision for land reform, but also for the arrangements. We anticipate that most of our to review and advise on legislative and and the Tenant Farming organisation we have begun to establish. work will be financed through grant-in-aid from policy change. Commissioner within We recognise the significance of getting the Scottish Government. We will seek efficient the structure, ways of working and arrangements to support the operation of the organisation through shared service functions We will deliver against our priorities through: one integrated culture of the organisation right, and where appropriate. Engagement and communications framework. the importance of building public stimulating awareness, collaboration confidence in the Commission. The Scottish Government has allocated £1.4m and change on the ground; ” to the Commission in our first year. Our outline We are committed to building a Commission that annual budget for the years 2018-21 is as follows, Research and evidence will serve the Scottish people well for many years to though we anticipate a need for flexibility as our commissioning and collating the come, driving forward land reform on a continuing Programme of Work evolves. Annual operating research and evidence necessary; Leading change in the priorities identified means basis so that the Scottish people can progressively plans will set out detailed resource allocations and working closely with other organisations and Guidance and codes make ever more of their land. annual accounts will be audited and published. stakeholders in shaping and delivering our work. developing guidance and codes of We will seek to build networks of knowledge, practice to help shape good practice; We have identified three key dimensions Income: £’000 expertise and learning, developing our collective to getting this right, each of which will Making recommendations capacity to review and deliver reform. demand continued attention over the Grant-in-aid 1,400 for change in legislation, policy and practice. next three years: Though research is a vital core of our work, our Expenditure: The Programme of Work sets out the headline programme will be as much about the engagement • We will maintain tight control over fixed costs, Commissioners Fees 51 areas of work we intend to take forward to and actions necessary to influence change on the maximising our flexibility to undertake variable Staff Salaries 500 deliver against our priorities. We will prepare ground. For example, we intend to broaden the cost expenditures and ensuring our longer term an annual operating plan that shows how use of guidance and codes of practice beyond financial resilience; Corporate Services 219 we will structure and schedule work in each the specific requirements for the Tenant Farming • We will employ a small number of permanent Communications 80 financial year including associated resources Commissioner, to help deliver the wider priorities staff, making the most of externally sourced Programme of Work 550 and performance management. set out in this plan. specialists and shared services to meet the needs of an evolving work programme; This plan draws together the functions of Finally, we will develop a well networked outward both the Land Commissioners and the Tenant • We will develop and articulate a clear set of looking organisation that is neither an island nor Farming Commissioner within one integrated internal core values that emphasise innovation, an ivory tower. We attach considerable importance Strategic framework. This underpins a vision for our challenge and empowerment as central to our to building strong networks across all stakeholder Plan organisation that is built on five overarching way of working. interests, and we will do so in a way that is at the principles for the way in which we work. same time collaborative and mutually challenging. We intend the Commission to be a small We know that we will need to be constantly tested Structure How we work: fast moving organisation which genuinely if we are to remain innovative and relevant, and we of delivery empowers individual employees to get things also know that challenge is vital in reforming systems • We work for all of Scotland’s people, done with freedom and accountability for with deeply embedded assumptions and practices. and regard the interests of everyone; Programme delivery. We will seek out high quality employees We will be an open organisation seeking to learn of Work • Our decisions and recommendations who are comfortable in this setting. from national and international experience. are thoroughly evidence based; • We challenge and test presumptions, and place a high value on innovation; • We are an open, transparent and Annual outward facing organisation; Operating • We provide leadership and drive Plan to land reform wherever it is needed.

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