The provisions of section 38 and 43 of the Title Conditions (Scotland) Act 2003 Act ("2003") provides for applications from bodies who meet the criteria set down in the sections to be designated as a conservation or rural housing body. If the applicants meet the criteria, then an Order is drafted and presented to the Scottish Parliament.
The effect of designation of a conservation body allows the body to apply conservation burdens to land with conditions that preserve or protect for the benefit of the public, the architectural, historical or other special characteristics of any land such as a nature reserve or a historic building.
The effect of designation of a rural housing body permits the creation of rights of pre-emption (rural housing burdens) in favour of the rural housing body giving them the first call to buy back the property when it is to be sold, allowing them to maintain the stock of affordable homes in Scotland.
This may help to achieve two of the Scottish Government's national outcomes which is that "we value and enjoy our built and natural environment and protect it and enhance it for future generations" and "we recognise that to be healthy and happy as a nation we must nurture and protect our local resources, environments and all who live in them. "
Who will it affect?
Conservation burdens can protect or preserve local areas of interest for the environment and bodies. This can impact on anyone. It generally, will benefit an area or community.
By designating bodies to be a rural housing body it will assist local communities where there is a need for affordable housing. The aim is to make houses available or plots of land for self-build projects. Housing at an affordable price will assist a wide range of age groups. The younger generation can afford to stay in the community or families returning to the community. The holiday home market can drive the prices of properties up in rural communities making them beyond the reach of the local people. So ultimately affecting the communities and the individuals/families wishing to remain or return to their community.
What might prevent the desired outcomes being achieved?
If the Order is passed by the Scottish Parliament then it is down to the prescribed bodies to follow through on the work they intend to undertake. Failure by any of these bodies would result in the outcomes not being delivered.
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