Lawyer questions practicality of right for young people to live in community where they grew up

Holmes Mackillop director Craig Donnelly (pictured above) has questioned the practicality of Community Land Scotland’s call for young people to have a legal right to live in the community where they grew up.

While acknowledging that there is an acute shortage of affordable properties in rural areas, Donnelly questions both the practicality and the thinking behind Community Land Scotland’s proposal that a ‘Right to Live’ should be written into legislation and sit alongside people’s rights to food and education.

He said: “The proposal will have significant practical difficulties, and as a child of a father who was in the armed forces and who relocated regularly throughout my childhood, I’m not sure this proposal would give me the right to live anywhere.

While I accept that the shortage of affordable properties in rural areas is a problem that needs to be addressed, the Scottish government has already taken steps to combat the issue.

Additional Dwelling Supplement (ADS) – the extra charge which is added to any Land and Buildings Transaction Tax (LBTT) on the purchase of a second home in Scotland – has increased from 4% to 6%.”

He added: “Planning legislation has recently been introduced to limit the number of properties eligible for short-term let which is impacting on private landlords. Since 1 April 2024, councils in Scotland can also charge up to double the standard council tax on second homes.

In addition, Community Land Scotland’s proposal could clash with the Human Rights Act which protects the right to peaceful enjoyment of possessions, including the right to sell them to whoever the owner chooses.

I’m unconvinced that this proposed additional deterrent is practical. Rather, I think the shortage of affordable properties in rural areas would be better tackled by addressing the lack of social housing and insufficient investment and infrastructure in rural communities.”