Scottish Planning Series: Planning Circular 5 2011: Disposal of Surplus Government Land - The Crichel Down Rules
This circular sets out the revised non-statutory arrangements known as the‘Crichel Down Rules’ under which surplus Government land which wasacquired by, or under a threat of, compulsion should be offered back to formerowners and their successors
Annex 1 ( see Rule 23) Special procedures where boundaries of agricultural land have been obliterated
a. Each former owner will be asked whether he or she wishes to acquire any land.
b. Where former owners express interest in doing so, disposing departments will, subject to what is stated in c. to e. below, make every effort to offer them parcels which correspond, as nearly as is reasonably practicable, in size and situation to their former land.
c. In large and complex cases, or where there is little or no room for choice between different methods of dividing the land into lots, it may be necessary to show former owners a plan indicating definite lots. This might be appropriate where, for example, the character of the land has altered; where there are existing tenancies; or where departments might otherwise be left with unsellable lots.
d. Where more than one former owner is interested in the same parcel of land it may be necessary to give priority to the person who owned most of the parcel; or, in the case of near equality, to ask for tenders from interested former owners. Departments should, however, make every effort to offer each interested former owner at least one lot.
e. If attempts to come to a satisfactory solution by dealing with former owners end in complete deadlock, departments will sell the land by public auction in the most convenient parcels and will inform the former owners of the date of the auction sale.
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