|
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. |