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


The Land and property to which the Rules apply

6. The Rules apply to all land if it was acquired by or under threat of compulsion. A threat of compulsion will be assumed in the case of a voluntary sale if power to acquire the land compulsorily existed at the time i.e. the acquiring department has the power to compulsorily acquire land for that purpose, even if a confirmed Compulsory Purchase Order is not in place. This does not apply if the land was publicly or privately offered for sale immediately before the negotiations for acquisition.

7. The Rules also apply to land acquired under the blight provisions: Part V of Town and Country Planning (Scotland) Act 1997. The Rules do not apply to land acquired by agreement in advance of any liability under these provisions.

8. The Rules apply to the disposal of all heritable interests in land.

9. Disposal of land acquired under the Small Landholders (Scotland) Acts 1886 to 1931 for land settlement purposes is regulated by statutory provisions. If land is not required for sale to sitting tenants it has to be offered back to the original owner, or his or her successor in title, at a price to be determined, failing agreement, by the Scottish Land Court. Arrangements for such disposals must comply with the statutory provisions which are, generally, more onerous than these Rules.

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