Sustainable rural communities? A legal perspective on the community right to buy

Abstract

Sustainable development is the underlying policy behind the community right to buy land in rural Scotland enshrined in the Land Reform (Scotland) Act 2003, Part 2. The Act explicitly requires communities wishing to exercise the right to buy to have sustainable development at the heart of their community body and all their plans for the land. This paper examines the role and interpretation of sustainable development in the CRB. Since the Act was passed three administrations have headed up the Scottish government and sustainable development issues and strategies for Scotland have been aired in four important and distinctive policy documents showing that it is still very much an evolving concept in Scottish politics. The current administration has adopted the most econocentric approach yet seen in the UK, focusing on sustainable economic growth. Meanwhile, the community right to buy has developed its own sustainable development agenda. This review of decisions taken under the legislation illustrates that a diverse range of community ownership plans have been deemed consistent with sustainable development, from creation of sports facilities to preservation of castles, lighthouses and village greens. A range of economic, social and environmental objectives have been approved. On the other hand, communities that fail to adopt the ‘right’ approach to the principle will not be successful in using the legislation.