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Link: LAND ISSUES

Feasibility Report on the proposed
crofting community buyout of the Galson Estate

PAGE 2

 
2.0  ESTATE DESCRIPTION
 

2.1  Location

Galson Estate is located in the North West of the Isle of Lewis.

 

It’s Southern boundary runs close to the north side of the A857 Stornoway to Barvas road, crossing the road to the western coastline at Upper Barvas. The Estate extends to the very north of the Island as far as Port of Ness and south on the east coast to the north of Tolsta Head. Galson Estate marches with the Stornoway Trust to the east and Barvas Estate to the south. The Estate boundaries can be seen on the Estate map in Appendix 1.

 

The Estate extends to around 22,260 ha (55,000 acres).

 

Surrounded by the Estate, on the Cross-Skigersta road, are 150 fishermans holdings on land owned by the Scottish Executive. It is thought that the Scottish Executive would be willing to sell these to the community. For the purpose of this study, as the land is not part of Galson Estate this area has not been considered although it has been included within the Articles of Association of the Galson Trust.

 

The population of the area is around 1,500 and there are approximately 800 dwellings on the Estate.

 

2.2  Land tenure
The Estate includes nineteen crofting townships with a total of 615 crofts. The whole estate is subject to crofting tenure, the only exception being a small area close to Lionel School, which was resumed for the location of DECCA masts. These masts have now been decommissioned and removed from the site. There are no agricultural tenancies.

 

The crofting common grazings are shown in Appendix 2.

 

Not only is all the land on the Estate under crofting tenure but the many of the community and some Trust members are also currently crofters; however, if the Galson Trust is successful in buying the Estate, the same community will also become the crofting landlord. Although this will mean that in many cases the crofting tenants are also part of the group that is their own landlord, this will not alter the essential legal relationship between the two parties.

 

All the crofters will retain their existing rights as crofting tenants and graziers and the powers of the landlord to affect what happens on the ground will be just as restricted as is the case with the current owners.

 

Where an agricultural holdings tenant buys his landlord’s interest the landlord’s and tenant’s interests are amalgamated and the land becomes ‘vacant possession’  land which is totally unencumbered by agricultural holdings law. It is a similar situation where a crofter buys his croft and applies for part or all of it to become decrofted. The landlord’s and crofter’s interests are brought together and the land is no longer governed by crofting law. This however will very definitely not be the case if the community buys Galson Estate. All the land will remain under crofting tenure until such time as parts are resumed by the landlord. If the land is resumed, the crofters whose land is involved will have an effective right to claim half of any development value released. This is the same procedure that will allow the crofters to claim half of any value created if the wind farm proposals were to go ahead.

 

If any land is required for development, for example for tourist accommodation, the community, as landlords, will still require to resume vacant possession of that land. This can only be done practically with the consent of the crofters or graziers of the land involved. Any agreement to resume land will also need to be approved by the Land Court and it if it is to be decrofted, the consent of the Crofters Commission will also have to be sought. However, given the Scottish Executive’s very firm policy push in favour of crofting community ownership, one might expect that both the government bodies involved would seek to process any such applications as smoothly and as quickly as possible.

 

Clearly this should be a more straightforward procedure where the landlord and crofters are so closely related, but the community must be aware that any crofter or grazier will generally be able to prevent resumption of any piece of land in which they have an interest, should they choose to do so. It may well be the case that a particular development might be best located, from the community’s point of view, on one particular croft but that resuming the land will seriously prejudice that particular crofter’s interests. It would not be reasonable to expect one individual to carry all the burden of the community’s interest in a particular project and some form of additional compensation scheme may be required. Alternatively all development projects might be best directed to common grazings.

 

Again this may not be a problem where the development is being undertaken for the good of the community as a whole, but this is a potential pitfall which should clearly recognised by the community.

 

The community will also require to set up a system for the collection of crofting rents and for reviewing those rents in order to maximise the income flow for the community. This again could be seen to be in conflict with the interests of the crofters and a policy decision will be needed at a very early stage in the community’s ownership, if conflict is to be avoided.

 

2.3  Land Capability and Use
As defined by the Macaulay Land Use Research Institute, the land classification for Galson ranges between class 4 and class 5.

 

The great majority of the land is covered by natural and semi-natural vegetation (peatlands and blanket bog) and is utilised for extensive rough grazing, predominantly sheep. Around the coastal western areas of the Estate, where better land is available cropping has traditionally been practiced for oats, barley, root crops and hay. The cropped area has declined and the majority of the improved land is now down to grass. Land enhancement options to improve productivity are largely restricted to the existing improved coastal areas.

 

2.4  Topography

The Estate is characterised by very flat land ranging from sea level to a highest point of 230m on Muirneag.

2.5  Climate
The Estate’s coastal, island location mean it is subject to maritime climatic conditions, further affected by the warming influence of the gulf stream. Meteorological records from the weather station at Stornoway show annual average rainfall of around 1,100mm – 1,200mm with average annual maximum temperatures of around 10OC and average minimums of around 5OC. The temperature extremes range from minimums of about 1OC to maximums of 16 OC. The data trend indicates warmer minimum temperatures in recent years. The weather is characterised by frequent and strong winds, although no data was available on this. Sun hours per day are relatively low and the number of snow days few (typically less than 6 days pa).

2.6  Environmental & Landscape Designations
The Estate is subject to a number of environmental and landscape designations.

These are: a candidate Special Protection Area (SPA), Ramsar Wetland, Sites of Special Scientific Interest (SSSI), National Nature Reserve (NNR), Local Nature Reserve (LNR) and a candidate Special Area of Conservation (SAC). The extent of these designations can be seen on the map on Appendix 2.

The main reasons for these designations are bird, botanical and habitat interest rather than geological or landscape. Land use restrictions arising from the designations include limiting changes to management practices, such as changes in grazing levels/regimes, burning, land improvement, cutting, etc.

The designations present some opportunites, such as areas of peatland that lie within the proposed SPA or SAC can be entered into the Lewis Peatlands Management Scheme. Owners and/or occupiers can agree with Scottish Natural Heritage (SNH) to implement various management options in return for annual payments. The Ness General grazing committee have entered the scheme.

The owners of Galson Estate recently signed an agreement with the Local Authority under the National Parks and Access to the Countryside Act 1949 for Loch Stiapavat to be declared a Local Nature Reserve (LNR). This will now be progressed by the Local Authority.

2.7  Archaeological & Historical Features
The Western Isles is a rich source of archaeological finds and historical information. These span a wide period of history from the Neolithic to the post-Medieval and reveal early culture. Galson is the site of a number of significant finds that have contributed to a much greater understanding of the development of human settlements and landscape within a relatively defined area. There is also much interest in more recent history of a very rich local culture strands of which continue in the present and form a great part of the attractiveness of the area.

2.8  Wildlife & Conservation
The predominance of statutory designations on the Estate confirms the level of wildlife value. The interest divides into those species associated with  the bog and peatlands, such as golden plover and waterfowl and the species associated with the improved agricultural and marshy areas, such as the corncrake.

The quality and extent of the habitats is such that they are virtually unique making the conservation value of the Estate a major asset.

 

2.9  Sportings

It is understood that there are red grouse and red deer on the Estate although the numbers of each are not thought to be large. A southern part of the Estate is let to Barvas Estate for stalking although no Estate records are available.

 

The Deer Commission for Scotland (DCS) do not have any count or cull information for the Galson area. The DCS do not believe there is a large enough deer population to warrant a count.

It is understood that there is no exercising of other shooting rights on the Estate and there may be potential for low key rough shooting, for wildfowl and waders although this may present some difficulties with the environmental designations. It may be possible to exploit the stalking and sportings further.

 

There are a number of short spate rivers on the Estate, although no catch records are available. These are considered to have been productive salmon rivers in the past, but the quality of the catches has declined considerably in recent years. None of the larger rivers feed into lochs limiting the fishing for migratory fish to spate conditions only. In addition to the rivers, there are a considerable number of lochs holding brown trout.

2.10  Local Plans & Planning Designations
The Galson area does not have an adopted local plan and there are no specific planning designations on the Estate. The framework for planning decisions is therefore the Western Isles Structure Plan. In this context, Comhairle nan Eilean Siar state that they will take a positive view of developments including:

 
  • Hydro, solar, wave, tidal and wind energy schemes

  • Proposals for sustainable tourism including provision of infrastructure and facilities. In particular, providing opportunities for the enjoyment and interpretation of the natural and cultural heritage, help to diversify the rural economy and lengthen the tourist season

  • Proposals supporting development of ‘produce markets’

  • Proposals for development of affordable housing

  • Proposals addressing housing needs in remote and peripheral areas

  • Proposals for development on crofts

  • Proposals identifying opportunities for piers, harbours and associated improvements

  • Mineral extraction at current sites (Eoropie) to meet Island needs

  • Practises that promote and enhance biodiversity such as agri environmental schemes

  • Retail & Service provision, including within peripheral areas of the Western Isles

  • Development proposals to maintain and enhance community facilities

  • Provision of an access networks to enhance access to the countryside and coast including cycle paths and footpaths

This gives wide scope for development options to be realised and it is understood that opportunities that encourage sustainable economic improvements to communities will be unlikely to encounter significant development planning restrictions, with a high proportion of planning applications receiving consent. In assessing planning applications contribution to economic and social development is given a higher rating than design in comparison to other planning authorities. The planning authority do not have any specific development proposals or zoning for the Galson area and maintain a flexible attitude to opportunities as they occur..
 

2.11  Wind Farm Proposals

The remit of this feasibility study is to examine the Estate and it’s potential, separate from the proposed wind farm development. It is noted however that due to the scale of the proposed development there will be an impact on the value and financial performance of the Estate should the scheme proceed.

 

The windfarm is proposed by Lewis Wind Power, a 50:50 joint venture of AMEC and British Energy Renewables. The wind farm would span across three separate land holdings, being Galson Estate, Barvas Estate and the Stornoway Trust.

 

If successful the farm may include up to 300 turbines although the exact details of the number, location, size and resulting remuneration are not confirmed.

To date, the Estate has not resumed any land from crofting tenure and it is expected that this will commence following a successful planning application. As the resumption will be for ‘non agricultural’ use, crofters will have limited grounds to challenge the resumption.

A substantial windfarm development on the Estate would contribute a large annual sum to Estate income and therefore has considerable ramifications for the development of the Estate. Beyond this impact, which has not been considered, there will also be impacts on:

 
1. 

The value of the estate following receipt of planning permission. This may be an issue dependant on when the estate is to be purchased and whether commercial finance is required.
 

2.  The existence of a strong income stream from a windfarm may limit the crofting community as owners of the estate from accessing funding for development projects, such as from Western Isles Enterprise. Funding of projects is normally based on the principle that the project will only be funded if it would not be likely to go ahead in the absence of the funding and this may no longer be the case. If this is the case however it is assumed that sufficient funds will be available in the control of the community to facilitate such development.
 

2.12  Current Ownership and management structure
Galson Estate is operated by Galson Estate Limited a Company limited by shares, incorporated in 1924. The company has three directors, Alasdair MacRae, Jean MacMillan and Anne Graham and a company secretary, Alasdair Graham. The directors and Secretary are not believed to have an active input into the management of the estate, although they are all resident on Lewis. The companies year end is 31st December.

The management of the Estate is administered by Anderson Macarther & Co Solicitors, who are based in Stornoway. As there are no properties or significant assets on the estate and no sign of inward investment from the owners, management of the estate is thought to be minimal.

There are no Estate employees.

2.13  Other Estate Assets
Although extending to 55,000 acres, the Estate has a very narrow range of assets. The usual productive rural assets of let properties (residential and commercial), inhand agriculture or forestry are not present.

There are a number of telecommunication masts sites that produce an income and there is one quarry used for sand extraction. There are two piers on the estate, however, the estate does not claim ownership of these. Electricity wayleaves form a large proportion of the annual income.

There appear to be opportunities for enhancing the income from these sources, although they will be limited in extent. In contrast income from these category of assets can be relatively stable and do not give rise to costs.

 

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