In December 2011 the Scottish Government published its Action Plan setting out the actions required to deliver the Land Use Strategy which was laid before Parliament on 17 March 2011.

Although having a lifespan of only five years, the Land Use Strategy set out a long-term vision towards 2050 and articulated three objectives relating to economic prosperity, environmental quality and communities:-

• Land-based businesses working with nature to contribute more to Scotland’s prosperity;
• Responsible stewardship of Scotland’s natural resources delivering more benefits to Scotland’s people.
• Urban and rural communities better connected to the land, with more people enjoying the land and positively influencing land use.

In order to move things forwards towards the Vision and to achieve these Objectives, the Strategy identified ten principals for “Sustainable Land Use”. It also set out 13 proposals to be taken forward in the five year lifetime of the Strategy.

Principals for sustaintable land use

The Action Plan builds on the Strategy by, firstly, reiterating the “Principals for Sustainable Land Use”, which reflect Government policies on the priorities which are to inform land use choices across Scotland and which the Government expects public bodies to use when making plans and taking significant decisions about land use. The private sector is encouraged to do likewise.

Delivery

The Action Plan itself fulfils Proposal 1 of the Strategy. Proposal 2 is satisfied by a commitment on the part of the Government to provide an annual progress statement on the Strategy, as a tool for constant monitoring of progress and stimulating debate.

The Plan goes on to indicate how the remaining eleven Proposals of the Strategy are to be converted into Objectives within the Plan.

As a reminder Proposals 3 to 13 are:

• Align Land Use Regulations and Incentives with Land Use Strategy Objectives.
• Further encourage land-based businesses to take actions that reduce land-based greenhouse gas emissions and that enable adaption to climate change threats and opportunities.
• Use the Land Use Strategy Objectives to influence negotiations on CAP Reform.
• Use demonstration projects to determine the best means by which land use and land management practice can contribute to climate change objectives.
• Identify more closely which types of land are best for tree planting in the context of other land-based objectives and promote good practice and local processes in relation to tree planting so as to secure multiple benefits.
• Demonstrate how the eco-system approach could be taken into account in relevant decisions made by public bodies to deliver wider benefits and provide practical guidance.
• Develop a methodology to take account of changes in soil carbon for carbon accounting purposes; improve understanding of potential benefits from conservation and management of carbon-rich soils; and deliver measures to help secure long-term management of all land-based carbon stores.
• Investigate the relationship between land management changes and eco-system processes to identify adaption priorities.
• Develop the land use aspects of the Climate Change Adaption Framework to support communities as they adapt to change.
• Identify and publicise effective ways for communities to contribute to land use debates and decision making.
• Provide a Land Use Information Hub on the Scottish Government website.

Each Proposal has a primary focus on research and evidence; guidance; or mainstreaming into policy. This is shown in Annexe C to the Plan “Indicative Characteristics of Proposals”. The classifications are indicative, showing the types of outcome the Government is seeking and what delivery will look like for each proposal.

Methodology

Each proposal is developed in order to become an objective by drawing out:-

Who are to be the lead and key partners in delivery of the objective;

What factors are “deliverable” within the five year lifespan;

short term milestones;

Long term milestones;

Risk factors.

Proposals 3, 4, 5, 6 and 7 are grouped together as “Objective 1”. “Objective 2” comprises Proposals 8, 9 and 10 and “Objective 3” encompasses Proposals 11, 12 and 13.

Wider context

While the Action Plan is focused on the specific work required to deliver the proposals of the Land Use Strategy the Government stresses the importance of not losing sight of the high level objectives and of moving, thinking and actions towards a better integrated approach to land use, by encouraging partnership and working together. The overall goal is the achievement of Sustainable Land Use and increased policy integration.

These over-arching principals of the Action Plan are, in our opinion, to be warmly welcomed.

The Government also recognises that delivery of the Land Use Strategy Proposals requires good evidence and research and the Scottish Government Rural and Environmental Science and Analytical Services Division is funding a portfolio of Strategic Research over 2011 through its Main Research Providers. This includes two five year multi-disciplinary research programmes:-

• Environmental change programme;
• Food, land and people programme.

Unfinished business planning

In his ministerial foreword to the Action Plan, the Cabinet Secretary recognises that some stakeholders have argued for a new delivery or decision – making mechanism for land use. While believing that the correct tools are currently in place, he has undertaken to evaluate the effectiveness of current processes at translating the principles in the Strategy into decision-making on the ground. This evaluation will be a significant body of work and will inform the Government’s thinking when it begins to prepare the next Land Use Strategy, which, to comply with the Climate Change (Scotland) Act 2009 requires to be laid before Parliament no later than five years after publication of the initial Strategy.

Responses

While the Action Plan is not, as such, a discussion document the Government’s intention is, clearly, that it will continue to be reviewed as appropriate in light of progress, stakeholder input and other developments and invites involvement or comment on any aspect of the Strategy or of the Plan, by contacting the Land Use and Natural Environment team at Victoria Quay, Edinburgh or by e-mailing landusestrategy@scotland.gsi.gov.uk.

Should you wish to take up this invitation we, at Anderson Strathern will be happy to assist you in the process. Please contact either Jim Drysdale on 0131 625 7228 or  or John Mitchell on 0131 625 8025

This bulletin is for general information only and does not constitute legal, investment or other professional advice. Please contact us should you require advice on any particular legal issue. Anderson Strathern LLP accepts no responsibility for any loss that may arise if reliance is placed on any information or opinions expressed in this bulletin.