New guidance for Development Schemes and Removal Applications in crofting areas

Two recent decisions by the Scottish Land Court provide guidance on two distinct areas of crofting law: objections to development schemes and grounds for applications for the removal of a crofter. These cases are of interest to developers seeking to work in crofting areas and to landowners respectively.

 

10th August 2016

Two recent decisions by the Scottish Land Court (“SLC”) provide guidance on two distinct areas of crofting law: objections to development schemes and grounds for applications for the removal of a crofter. These cases are of interest to developers seeking to work in crofting areas and to landowners respectively.

In Coigach Wind Power Limited v Achiltibuie Common Grazings Shareholders & Others, the SLC found that “interested persons”, for the purpose of objecting to a development scheme application on an area of common grazing, are “member[s] of the crofting community in the area affected by the development”. 

In Thrumster Estate Ltd v Mindt, the SLC found that the discharge of a formerly insolvent crofter was not decisive to the outcome of an application by the landlord to remove them on the basis of their insolvency. Instead, it was a factor for the SLC to consider in the exercise of its discretion.

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