Scottish Land Commission Launches Its Latest Protocol: Good Stewardship Of Land

• Published date: 29 October 2020
• Subject Matter: Real Estate and Construction, Real Estate, Land Law & Agriculture
• Law Firm: Shepherd and Wedderburn LLP
• Author: Mr Hamish Lean and Alexandra Smith

The Scottish Land Commission has recently published its seventh Land Rights and Responsibilities Protocol, which focuses on promoting good stewardship and high standards of land management across Scotland. This protocol is the latest in a series published by the Commission to support the Scottish Government's Land Rights and Responsibilities Statement (LRRS).

The LRRS and general principles

The LRRS sits alongside relevant legislation, codes and regulations that apply to land. It consists of six principles that underpin the protocols.

This latest protocol is specifically designed to support the fourth principle of the LRRS:

"The holders of land rights should exercise these rights in ways that take account of their responsibilities to meet high standards of land ownership, management and use. Acting as stewards of Scotland's land resource for future generations, they contribute to sustainable growth and a modern, successful country."

All of the Scottish Land Commission's protocols seek to ensure that the overall framework of provisions in relation to land management promote, fulfil and respect human rights, and engage in and contribute to the public interest, while also balancing competing public and private interests. At the centre of the LRRS is a commitment to support economic development in a sustainable way that protects and enhances the environment and leads to a fairer society.

Specific expectations of the protocol

The protocol applies to any person who holds land rights. Importantly, this definition includes both those who own land in Scotland and those who control the long-term use or management of land in Scotland. The protocol also extends to individuals, businesses and organisations that have significant land management responsibilities.

The protocol sets out a number of 'specific expectations', consisting of recommendations and more formal provisions with which the Scottish Land Commission expect all persons holding land rights to comply.

The overall purpose of these specific expectations is to promote good stewardship of land, however particular consideration should be given to the following recommendations:

• Owners and managers of land should be proactive when making decisions about its use and management. In addition, consultation with the local community is expected, where appropriate.
• When deciding about the use of the land they...