Practice Note (No. 5)

Resumption Applications — Minutes of Consent — Planning Permission

  1. Minutes of Consent

    In most applications for resumption submitted to the Scottish Land Court a Minute of Consent is lodged with the application giving the crofter’s consent to the resumption.

    Some applications leave doubt over the precise location of the area involved. Similarly, some Minutes of Consent do not clearly identify the land to which they refer. A particular problem is that the Court may have difficulty in satisfying itself that the Minute covers the same parcel of ground as is referred to in the application. To remove this difficulty the Court will in future only accept Minutes which identify the area clearly by reference to a plan duly signed by each consenting crofter.

    Accordingly the wording of any Minute of Consent should indicate the crofter’s consent to the resumption “of an area of ground extending to approximately ....... ha from my (our) croft (common grazing) all as the said area of ground is defined on the plan attached and signed by me (us) as relative hereto … ”.

    If a Minute of Consent lodged after 1 July 2002 does not have a plan attached and signed as relative to it by each crofter, the Court will return it for the addition of an appropriate plan, duly docqueted.

  2. Planning Permission

    In Practice Note No. 1 the Court indicated that in an application where resumption is being sought of a bare land site for any purpose involving development under the Planning Acts, the Court would require at least an indication that outline planning permission has been or will be granted.

    To avoid delays in processing an application, agents should ensure that a copy of the relevant plan is annexed to the copy grant of planning permission lodged with the Court.