ccsd.gif (1497 bytes)Intro 03
Home Up Foreword 03 Intro 03 Map CLU Glendale Fernaig Isle Martin Melness Forres Portmoak Minard Borders      

Social Land Ownership


SISTER SITES

Caledonia
Who Owns Scotland?
Land Reform
Land Reform Guidance
Commonweal Papers
Networks of Agents
Training of Trainers

Introduction

David Reid

This third volume in the series comprises eight more case studies of social landownership initiatives, prefaced by an overview of the growth of the social land sector in the Highlands and Islands since 1990.

bulletThe Growth of the Social Land Sector
bulletThe Case Studies
bulletOther Assisted Acquisitions
bulletCommunity Woodlands
bulletFurther Evidence of the Capacity of the Social Land Sector
bulletIncreased Support and Assistance
bulletWorking in Partnership
bulletTopicality

The Growth of the Social Land Sector

In "The Growth of Community Land Management and Ownership in the Highlands and Islands in the 1990s and Beyond" Lorna Campbell traces the development of support and financial assistance for social landowners following initiatives in the early 1990s by both crofting and non-crofting communities. The Crofting Trust Advisory Service was established in 1995, followed by Highlands and Islands Enterprise's Community Land Unit in 1997.

With many crofting communities unsure about whether to follow the lead of Assynt and Borve, the Community Land Unit has provided most of the assistance made available to social landowners. In less than four years it has dealt with over 400 enquiries and provided financial assistance to about 100 projects. This has included 27 'start up' grants (to help meet the costs of feasibility studies, business plans, property surveys and valuations, constituting and organisation, property conveyancing) and 37 cases of assistance with purchases of land or the negotiation on management agreements. The unit also provides several other types of support for new social landowners after they have acquired land, and carries out some research, which will underpin policy development. Earlier this year the unit was appointed to administer the Scottish Land Fund from a new office in Auchtertyre in Skye and Lochalsh.

The Case Studies

The first case study - of Glendale Estate - describes one of the very first attempts, almost a century ago, to use public funds to provide a crofting community not just with security of tenure but also with inalienable ownership of their land. George Macpherson, a descendant of John Macpherson, the Skye Martyr, describes how in 1904 the Congested Districts Board used public funds to buy the estate of Glendale on the Isle of Skye on behalf of the crofters. Each crofter received a share in the estate - his individual holding and a share of the 'club' property on the estate owned jointly by all the shareholders. In return the crofters repaid what was in effect a loan over the next 50 years.

Around the same period the Congested Districts Board made several other purchases in which crofters were offered the opportunity to buy the property over a 50-year period - in Eolaigearraidh in Barra, Staffin on Skye and Syre in Sutherland. Crofters on these properties were known as the '50-year purchase' crofters. However Glendale was and remains unique, because in all the other cases in 1911 the crofters declined the offer of ownership in favour of tenancies - in order to benefit from a variety of newly-introduced grants that were available only to agricultural tenants.

Other Assisted Acquisitions

The account of Glendale is followed by four other studies of more recent land acquisition assisted by funding from the public purse. Of these Fernaig Community Trust, near Plockton in Skye and Lochalsh, is the most recent - the purchase of the land being concluded only just in time to be referred to in the study case as a fact rather than a prospect. The transfer of ownership marked the end of a long struggle by a very small and quite isolated community to overcome the difficulties of acquiring land from a private landowner who was prepared to sell, but not below the market rate. The purchase would not have been possible without a substantial amount of financial assistance by the Community Land Unit, but the trust might not have been able to take advantage of such help if it had not been in the fortunate position of being able to sell house sites to raise its share of the purchase price. The trust now owns 110 acres of agricultural land which it intends to divide into smallholdings to be let to local people and has also agreed a concordat with Forest Enterprise for joint management of South Strome Forest.

The projects described in the next two studies also benefited from support and financial assistance - from the Community Land Unit in the case of Isle Martin and from the Crofting Trusts Advisory Service (CTAS) in the case of Melness. However neither acquisition would have happened without a free transfer of ownership of the land. In the case of the Isle Martin Trust local people discerned the opportunity of bringing the management of the island into community control, and so ensuring access to the amenity and heritage interest. With assistance from the Community Land Unit and substantial support from The Highland Council they negotiated a means of transferring ownership of the island from one charitable owner - the Royal Society for the Protection of Birds (RSPB) - to a new community-based, democratically accountable charitable trust - the Isle Martin Trust. Since the handover the trustees have used slender resources to improve access to the island, make an audit of its resources and encourage local involvement. They now face the challenge of raising the project funding and other revenue needed to upgrade those assets which are most likely to generate income and finance the development of the island in accordance with the aims of the trust.

The crofters of Melness also had the good fortune to acquire their land without having to find a purchase price as a result of a generous offer by their landlord. After only momentary hesitation they accepted this offer, and with the help of CTAS set up Melness Crofters Estate Limited, as a Company Limited By Guarantee without a share capital, which has the general aim of using any financial surpluses to improve the welfare of local people. As they have set about "putting their house in order", they have discovered, in contrast to the Isle Martin Trust, that they have acquired or have access to a number of assets and revenue streams which had not been immediately apparent. This has meant that they have been able to pay a company secretary and so have been spared some of the difficulties of driving development projects suffered by the Assynt Crofters Trust (see John MacKenzie's case study in Volume One) and by the Isle of Eigg Heritage Trust in its early days (see Camille Dressler's case study in Volume Two).

Community Woodlands

There follow three studies of community woodland projects (the first of which is also the fourth example of assisted land acquisition). Each was set up by a small community group in response to news of an impending sale, in an attempt to ensure that local people could safeguard amenity and access and have some say in the management of a local asset. Despite this common starting point, each achieved a different outcome. Together they illustrate a range of models for achieving a large measure of control over local woodland management

In Forres in Morayshire a local group had already engaged in action to address concerns about the degree of protection afforded to amenity woodland when they received word of the impending sale of a neighbouring wood which had once been part of the Forres Common Good Properties. In less than three months they formed a second constituted organisation - Forres Community Woodlands Trust - and raised the purchase price with the help of grant aid and a loan from the Community Land Unit. The unit also helped with the costs of constituting the trust and preparing their bid, and after the purchase funded a team of part-time animateurs recruited locally to help raise funds to repay the loan.

The study of Portmoak Moss and Kilmagad Wood near Loch Leven in Perth and Kinross illustrates a different arrangement. The two woods are now fully owned by the Woodland Trust, a national conservation organisation, and managed jointly by the trust and Portmoak Community Woodland Steering Group. On hearing that these important local assets were for sale, community leaders approached the Woodland Trust Scotland (WTS) to suggest they work together to raise funds to buy the woods and thereafter manage them in partnership. However the Steering Group made it clear from the outset that they wished WTS to assume legal responsibility for ownership of the woods. WTS were able to accede to this request, and there followed two very successful joint fund-raising campaigns in which each member of the partnership was able to access funds which were not available to the other. The initial phase of joint management was a learning process in which the two parties used participatory methods to clarify expectations for the woods, improve communication and reach mutual understanding, on which harmonious collaboration in planning and management has been developed.

As at Forres, the people of Minard on the west shore of Loch Fyne in Argyll set out with aspirations to own woodland valued locally for its amenity. However, the major objective of the project group was to try to ensure that the economic potential of the woodland, which was on Forest Enterprise's property disposals list, was not lost to the small community. Valuations of the timber resource and a feasibility study encouraged them to make a funding application to the Heritage Lottery Fund. However, when this was rejected, the group negotiated a partnership agreement with Forest Enterprise, who removed the wood from their disposals list. The agreement has proved very successful. It allows the Minard Community Woodland Trust to have overall financial control of the woodland, to participate jointly with Forest Enterprise in planning its management, and to 'use' Forest Enterprise as managers and contractors. This has allowed the group to achieve most of their original aims, though the group has had to accept that revenues from timber sales can only be re-invested in the woodland and cannot be used to fund other local projects as had originally been envisaged. It has also relieved them of the responsibility of ownership at a time of uncertain timber markets. The trust was set up with assistance from the Community Land Unit, which has continued to support the project.

The last case study is of the Borders Forest Trust which was set up in 1995 and is based at Ancrum, near Jedburgh. The impetus for the trust was provided by Border Community Woodland, which brought together local people, other NGOs and public sector organisations to put together a successful bid for Millennium Forest Scotland funding for an integrated range of woodland-related projects which would have important social, environmental and economic benefits for the Borders. The trust now owns land and also manages land in partnership with a wide range of landowners including small community groups. It co-ordinates a wide range of projects and activities throughout the Borders. These include community woodlands, biodiversity initiatives, ecological restoration, new native woodlands, the sustainable use of woodland resources, marketing timber, promoting new timber products, and piloting integrated land management; as well as training in woodworking and woodland management, education, arts and cultural activities and also more general encouragement of a woodland culture. The trust is currently looking at ways of bringing in funding from a wider range of sources.

Further Evidence of the Capacity of the Social Land Sector

These latest case studies, like their predecessors in the two earlier volumes, illustrate the diversity, the strength of aspiration, the practical commitment, the persistence in the face of delay and difficulty, and of course the achievements of the social landownership sector. They provide further proof, if needed, of its commitment to boosting local production and increasing local skills. They also provide further evidence of the challenges which the majority of social landlords - whether established, new, or aspiring - have to surmount. These include: finding access to the land resource; accessing funding; raising capital; coping with the shortcomings of current support structures,: maintaining momentum in the face of slowness of officialdom and the inefficiency of organisations whose raison d'être is to help; needing to work harder than other organisations to compensate for the lack of a track record and establish credibility; overcoming the challenges of sustaining project development; and managing the tensions which may arise within partnerships and communities.

Increased Support and Assistance

However the picture of the social landownership sector is not a static one. It has been heartening to see changes within the decade in which the majority of the projects in the three volumes have been initiated, and particularly to see these reflected in this latest set of case studies. There is now more support and assistance available to new and aspiring community-based social landowners than there was five years ago. Much of this has come from the Community Land Unit which has proved a very valuable complement to the Crofting Trusts Advisory Service (CTAS), which makes assistance available to crofting communities. It is no exaggeration to say that the Community Land Unit has made the difference between success and failure on at least two occasions, as the studies of Fernaig and Forres illustrate, and it has also provided much needed financial assistance to many aspiring social landowners as they assess the viability of their plans. Its other forms of support for the social landownership sector are also most important.

However there is still a need to provide more assistance to new social landlords in the crucial post-acquisition phase - when unless they are in the fortunate position of Melness, they are faced with the burden of further fund-raising to develop their assets in ways which will bring benefits to both local people and visitors over the longer term.

Working in Partnership

Working in partnership is one way of attempting to ease such burdens. And there is much recognition in this third volume of the benefits of working in partnership with other groups and organisations in the sector, as the studies of the Borders Forest Trust, Portmoak Moss and Kilmagad Wood, Minard, Fernaig, Forres and Isle Martin all testify.

The partnership agreements which the Portmoak Community Woodland Steering Group and Minard and Fernaig have been able to make with Woodland Trust Scotland and Forest Enterprise respectively have allowed these new social landowners to achieve many of their original goals which they would otherwise have found it impossible to attain. They have been able to secure access to land without having to raise very large capital sums and to participate in mutually beneficial exchanges of resources - for example, local knowledge and aspirations, expertise, voluntary inputs, and contracted labour.

The case study of the Borders Forest Trust illustrates just how successful such working can be if it has sufficient support and can be established on a large enough scale. Through its ability to draw on a vast range of interests, commitment, enthusiasm, knowledge and expertise and its success in attracting substantial funding (although it too had problems of proving its acceptability to funders), the trust has been able to promote, support and co-ordinate a vast range of woodland-related activities, many of which depend on ad hoc partnerships at the local level. The success of these has generated new interest and support from local people, and helped to sustain training, educational, artistic and cultural projects. However, despite its varied programme the trust has not yet succeeded in solving the problem of attracting continuing funding - a problem which afflicts many much smaller social landowners too. The trust's experience will be studied with close interest in other parts of Scotland, and may well have a particular relevance for scattered community-based landowning groups in the Highlands and Islands.

Topicality

It is perhaps no accident that the publication of these three volumes of case studies has coincided with a period of renewed interest in issues of land reform and land use. They have a special topicality because they contain a wealth of reflection and balanced assessment by individuals with first-hand experience of advancing social landownership initiatives under existing arrangements. This third volume has perhaps an even greater topicality than its predecessors, for its publication coincides with the advent of the Scottish Land Fund and follows hard on the heels of the Scottish government's draft legislation on land reform.

This timing gives the study of Glendale Estate a particular importance over and above its historical interest. George Macpherson's account serves not only as a reminder of the social land initiatives of the nineteenth century but also of the legislation which followed the work of the Napier Commission in the 1880s. In doing so it offers a perspective on current developments, and suggests a standard by which to assess how adequately the current proposals for land reform meet today's needs.

What unites those - politicians, officials and crofters - who made Glendale happen and the new social landowners whose experience is documented in these volumes is the belief that communities have a right to control the management of important local natural assets so that resources can be used wisely, economies can prosper, communities can thrive, and the welfare of local people can be improved. By giving us a benchmark against which to assess the proposed legislation, these case studies make an important contribution to the national debate on the proper allocation of resources and the adequacy of the political, legal and financial arrangements by which any allocation is made.

We can take enormous pride in the experience and achievements of the social land movement which has shone a beacon for 150 years. During that time it has shown that between the poles of state and private ownership there is another way of stewarding the land.