PROTOCOL SERIES Good Stewardship of Land This protocol is one of a series we have issued to help you put the ’s Land Rights and Responsibilities Statement into practice.

The Land Rights and Responsibilities The way land is owned and used affects the quality of life for everyone in . The LRRS Statement (LRRS) sets out the vision is based on the belief that Scotland’s land is a for a strong and dynamic relationship resource for everyone in Scotland and should between Scotland’s land and its people. contribute to economic, environmental and social goals within a human rights approach. Realising It is the first of its kind anywhere in the and applying land rights and responsibilities can world. Land rights and responsibilities reduce inequality and bring mutual benefit to apply to both urban and rural Scotland landowners, land managers and communities. and are about owning, managing and The LRRS states that the work of the Scottish using land in a fair way that benefits Land Commission will include developing advice everyone in Scotland. It states that on good stewardship over time, in response to changing contexts and particular situations, and the people and organisations that in collaboration with landowners and land users. make decisions relating to land should This protocol is designed to encourage responsible behaviour by all parties, ensuring that legitimate recognise and act in line with their interests are taken into account in a reasonable responsibilities, as well as their rights. and fair way. GOOD PRACTICE PROGRAMME – Good Stewardship of Land

There are six principles in the LRRS, and this of land in the long-term public interest. When protocol on Good Stewardship of Land specifically significant change is being made to an urban supports principle 4, which is as follows: or rural landscape, it should be managed to consider the implications for the environment and the landscape in question, and to create • Principle 4: “The holders of land rights well-designed, balanced and sustainable places. should exercise these rights in ways that take Owners, managers and users of land have an account of their responsibilities to meet high important role to play in shaping and guiding standards of land ownership, management change in a way that delivers mutual benefits and use. Acting as stewards of Scotland’s and secures our land for future generations. land resource for future generations they contribute to sustainable growth and a Many people with an interest in land already make modern, successful country.” significant contributions to Scotland’s economy and for public benefit, including through producing food, providing housing, creating employment It is also underpinned by and supports opportunities or contributing to nature conservation principle 1, which states: and environmental management. Good stewardship and high standards of land management, focused on sustainable development, support and enhance • Principle 1: “The overall framework of land these activities. rights, responsibilities and public policies should promote, fulfil and respect relevant Those who hold land rights have duties under human rights in relation to land, contribute legislation which are designed to protect both to public interest and wellbeing, and balance people and the environment. There are regulations public and private interests. The framework and guidance in place which reflect good should support sustainable economic stewardship of land and set out expected behaviour development, protect and enhance the or good practice. This protocol complements them environment, help achieve social justice as well as taking land rights and responsibilities and build a fairer society.” into account.

This protocol applies to everyone who holds The Scottish Strategy also promotes the land rights. That is anyone who owns or controls responsible stewardship of Scotland’s resources to the long-term use or management of land in deliver more benefits to Scotland’s people as a key Scotland. We expect this protocol to be used by objective. Its ten principles of sustainable land use public bodies, as well as by private owners, when are complemented by the LRRS. These principles making plans and taking significant decisions have been considered in this protocol, along with affecting the use of land. It also applies to all other individuals, businesses and organisations who the Scottish Government Environment Strategy and have significant land management responsibilities, climate action targets to transition to a net zero however constituted. emissions economy (as set out in the 2019 Climate Change (Scotland) Act). This protocol supports positive behaviours by everyone involved in stewardship of land. It aims to ensure that mutual interests are taken into Purpose of this protocol account in a reasonable and fair way, and to make sure that interactions take place in a spirit The purpose of this protocol is to promote of respect and understanding. good stewardship and high standards of land management across Scotland. Decisions made about land can contribute to better and more • Where we use the word should, we expect productive economic, social, cultural and everyone involved to follow the approach environmental outcomes. Decisions made with described, unless it conflicts with their a focus on good stewardship are made with legal duties. consideration for the long-term needs of local • Where we recommend a course of action communities and for public benefit in support it means this is good practice, but we of wider national outcomes. recognise that other approaches may be equally effective. Scotland’s land and its landscapes are important to our sense of identity and to our individual and social wellbeing. Changes to Scotland’s This protocol is effective from the date of issue use of land and its landscapes are shaped until we withdraw or revise it by following the significantly by our planning systems, which review process set out below and publishing work to manage the development and use a notice on our website. GOOD PRACTICE PROGRAMME – Good Stewardship of Land

Who this protocol applies to Land includes buildings and other structures, land covered with water, and any right or interest This protocol applies to: in or over land, and can be in either an urban or a rural context. • Owners of land including including By sustainable development we mean individuals, companies, trusts, public bodies, development which meets the needs of present non-governmental organisations, property communities without compromising the ability developers, charities and community of future generations to meet their own needs. landowners, but excluding individual homeowners In relation to planning, its purpose is to manage • Land managers including tenants of the development and use of land in the long-term land, agents or other people employed public interest, which can be defined as anything or contracted by the owner to look after which contributes to sustainable development or land or property on their behalf which achieves the national outcomes. • Community councils representing the area within which the land and/or When we refer to public benefit this means a related community sits providing wider benefits to society such as the provision of food, timber, recreational • Relevant constituted community opportunities, environmental management organisations who have an open and nature conservation, and provision of membership, demonstrate community land for housing, commerce and industry. control, and who represent a defined geographic area. Productive use refers to the opportunities to use or re-use land and buildings in the broadest economic, social or environmental sense. It may include removal of barriers to use Definitions and/or the creation of wider benefits. In some When we talk about good stewardship, we circumstances, such as the restoration of natural mean the careful and responsible management habitats or long-term landscape regeneration, of something entrusted to one’s care. For land non-intervention may also be appropriate. activities, this means: Vacant land is land which is not being used or • All land is used and managed in compliance managed for an identified purpose and has the with existing and relevant legislation, codes and potential to be an appropriate site for development regulations without need for treatment or remediation. A vacant site may have had prior development • Decision-makers have awareness of the long- on it or have had preparatory work undertaken term impact of actions taken in relation to land in anticipation of future development. It includes and the impact they have on many aspects of buildings that are structurally sound and in people’s lives, including housing, employment a reasonable state of repair. It excludes land and the viability of businesses, as well as on the previously used for mineral extraction or waste environment and biodiversity disposal which is being restored for agriculture, forestry or other open countryside use. • When decisions are made about land use and management, the potential harmful or negative Derelict land is land which has been so damaged effects on the environment and on other by previous development that it cannot be brought people are considered, and efforts are made to back into beneficial use without treatment, for minimise these example demolition of buildings or dealing with contamination. It includes abandoned and • When decisions are made about land use and unoccupied buildings in an advanced state of management, the scope for achieving wider disrepair. It excludes land which has been or is public benefit is considered. being restored for agriculture, forestry, or other open countryside use, and land damaged by previous development which is being restored for nature conservation or amenity use. GOOD PRACTICE PROGRAMME – Good Stewardship of Land

Specific Expectations

We expect everyone covered by this protocol to follow the specific expectations as set out in our protocols on Community Engagement in Decisions Relating to Land and Transparency of Ownership and Land Use Decision-Making and demonstrate the following behaviours while pursuing their land management objectives:

a. Owners and managers of land should take people live. Everyone who owns, manages and implement decisions about its use and or uses land – including members of the management in ways that support good public – should act responsibly, demonstrate stewardship. They should take appropriate consideration for the interests of others, care and proactive action to promote good for the environment, and be accountable for stewardship that, where practicable, follows their actions. consultation with the local community and g. Wider scale strategic land planning, such analysis of the feasible options. as Local Development Plans, which consider b. Owners and managers of land should and contribute to broader sustainable consider whether land and buildings are development and delivery of public benefit being maintained and used in a way that are an important part of managing Scotland’s supports sustainable development. They land for the future. We recommend that owners should consider whether land and buildings and managers of land take part in planning are managed in a way that contributes to processes and consultation about land, either their governance or management objectives through direct involvement, through local and whether there are opportunities to work groups, or through membership organisations. with others to make more productive use of h. When land or buildings are causing land or buildings. We recommend that this demonstrable harm to the surrounding self-assessment is part of regular business community due to their physical condition planning and review, if it is not already. the owner should work with stakeholders, c. Owners and managers of land should review including local community organisations, the long-term social, cultural, environmental to examine options for restoring them to and economic impacts of decisions about economically, socially or environmentally how land and buildings are used and productive use. managed. We recommend that this includes i. Owners should develop proactive estate a review of the capacity of land to sustain the management strategies that identify environmental, social and economic benefits property assets at risk of becoming it provides, the delivery of public benefits, and surplus to requirements early and take cost-effective, preventative action that can be steps to reduce the likelihood that they taken to avoid environmental damage. will become problematic. Where property d. Where land is highly suitable for a primary does become vacant owners should take use (for example, food production, flood action to ensure that the site or property is management, water catchment management maintained in a reasonable condition whilst and carbon storage) this value should be the land or buildings are awaiting re-use recognised in decision-making. The impact or redevelopment. It is inconsistent with the of relative options on the environment and principles of good stewardship for any site on communities should be taken into account. to be allowed to become derelict. e. We recommend that owners and managers j. When there are long-term plans for land of land take action to reduce greenhouse gas and buildings that will take time to come emissions associated with land use and review to fruition, we recommend that landowners the likely impact of management practices and consider whether there are suitable interim changes to management on biodiversity. uses including through leasing, partnership working or other collaborative working. f. Outdoor recreation and green space are important contributors to the health and k. Owners of land should avoid taking any wellbeing of individuals and communities. steps that lead to land being declared We recommend that owners and managers ownerless, such as winding up a company of land consider creating publicly accessible that holds title(s) to land without transferring green spaces, especially in areas where the title to another person or entity. GOOD PRACTICE PROGRAMME – Good Stewardship of Land

Putting this protocol Review into practice We have developed this protocol with the Good Practice Advisory Group members – Community We may sometimes produce practice guidance Land Scotland, Development Trusts Association and case study examples to help put this protocol Scotland, National Farmers’ Union Scotland, into practice. We may publish these on our own Scottish Land and Estates, Scottish Property website, or we may work with other organisations Federation and Scottish Environment LINK. which represent the interests of a particular sector. We will continue to work with the Good Practice If you would like further information on how to Advisory Group to keep this protocol under implement this protocol, please get in touch with us. review. Our future work programme and the recommendations we make to Scottish Ministers in relation to the LRRS will be guided by how Telling us about this protocol is put into practice. your experience

If you experience a situation which differs Further Information significantly from the principles and specific expectations set out in this protocol, please For more information, please contact us with details and supporting evidence. visit the following websites:

Where appropriate we will provide advice, and www.landcommission.gov.scot work with you to deal with any difficulties and www.gov.scot/policies/land-reform help improve practice. Our main role will be to support you in putting in place good practice and developing confidence and capacity among stakeholders, and to influence future development of policy, protocols and guidance. “The holders of land rights should exercise these We are keen to hear of and share positive examples of good working relationships, rights in ways that take account and welcome information about successful of their responsibilities to meet collaboration between land owners, land high standards of land ownership, managers and local communities. These case management and use. Acting as studies can help tell other land owners, managers and community organisations stewards of Scotland’s land about good practice. resource for future generations they contribute to sustainable To share your experience please growth and a modern, contact the Good Practice Team: successful country.” Scottish Land Commission Longman House 28 Longman Road , IV1 1SF [email protected] 01463 423 300

Issued by the Scottish Land Commissioners, August 2020