No place Like holme: community expectations and the right to buy

When the Land Reform (Scotland) Act 20031 came into force, a vast area of Scotland became “registrable” within the terms of section 33.2 Since then, many communities have sought to utilise the powers which the Act confers to take control of land in their area. Unlike communities before it, however, the community based in the Holmehill area of Dunblane was unsuccessful in its attempt to acquire ownership, as the Scottish Ministers decided that its community interest was not suitable for registration and could proceed no further. The community’s appeal against the Ministerial decision was refused on 27 April 2006 by Sheriff J C C McSherry, leaving the decision unchanged and the community disappointed.3 This case is of particular interest to land law practitioners, providing as it does the fi rst judicial interpretation of the Land Reform Act. It also provides a valuable insight into how the community right to buy process operates, and highlights how diffi cult it is to challenge decisions made in relation to community applications.