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 general Rules
10. Where a department wishes to dispose of land to which the Rules apply, former owners will, as a general principle, be given a first opportunity to repurchase the land previously in their ownership, provided that it has not been materially changed in character since acquisition. The character of land may be considered to have 'materially changed' where, for example, dwellings or offices have been erected on open land, mainly open land has been afforested, where substantial works to an existing building have effectively altered its character or where substantial demolition and site clearance work has been undertaken. The erection of temporary buildings on land, however, is not necessarily a material change. When deciding whether any works have materially altered the character of land, the disposing department should consider the likely cost of restoring the land to its original use. In establishing if there has been material change, it is the physical characteristics of the property which are to be considered and, for example, obtaining an alternative planning consent in respect of the land does not constitute a material change.
11. Where only part of the land for disposal has been materially changed in character, the general obligation to offer back will apply only to the part that has not been changed.
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