Step To Be Taken Before Submitting An Application For Consent
A ballot of the eligible voters in the community’s defined area must be undertaken during the six months immediately prior to the date the application is submitted to Scottish Ministers. You may undertake the ballot yourselves or may wish to consider seeking professional advice or services. Within 14 days of the ballot being held, the CB must publish the results in an online or paper edition of a newspaper circulating in the area and if you have a publicly accessible website or webpage, on that also.
The ballot result must be submitted to Scottish Ministers within three weeks (21 days) of the ballot taking place. If you are submitting the application for consent to Scottish Ministers before the expiry of the 21 day period, you must include the ballot result and supporting documents as part of the application.
It may be possible to submit a claim to recover reasonable ballot costs. Please contact the Community Land Team for further information.
If you are seeking to acquire land due to the fact that its use or management is causing harm to the environmental wellbeing of the community, then you will have to provide evidence in the application that you have contacted any relevant regulator(s), and state what actions they have taken to remedy the harm (or action that is causing the harm) to the community.
Evidence of trying to acquire the land
For any application type you will have to provide, evidence of the steps taken by the CB to acquire the land prior to making the application. You should include any response from the owner and also state the terms of your offer. If the CB have not taken steps to acquire the land previously the application will be declined.
- It is important the CB provides Scottish Ministers with the correct landowner details. Ownership of land is dealt with by Registers of Scotland who can assist in identifying ownership. http://www.ros.gov.uk/.
- The CB must identify any creditors in a standard security and any tenants (e.g. mortgage lenders).
- If the land is owned by a company, Companies House will provide up-to-date details of a company’s registered address.
If the ownership or heritable creditor details are incorrect the application will be declined.
Email: Community Land Team