This article by Susan Law, Partner in our Rural services team featured in the winter issue of Land Business magazine published in January 2023.
If there’s one thing that landowners and farmers across Scotland desperately need now, it is clarity. And on so many fronts.
For far too long it feels as though confusion, uncertainty and inconsistency has caused hesitance across much of the rural economy. We cannot afford for that to linger - economically or environmentally.
The simple fact is that many of the farmers and landowners with whom we work are telling us that greater clarity is needed across a broad range of issues so that they can make more informed decisions about the future of their land and businesses.
Not just clarity, but consistency in decision-making at all levels of government throughout the country.
As lawyers, we work within the detail of legislation. So it has to be hoped that the Agriculture Bill making its way through the Scottish Parliament provides a basis on which sound advice can be given and decisions made. Only with this can real progress be made in diversifying land use, developing renewable energy and ensuring that the nation benefits properly from natural capital.
Harnessing the power of renewable energy has, of course, become so important for many landowners, and it is an area in which we work extensively. A year on from the COP summit in Glasgow, it feels as though we are yet to see detail about how we should prepare for a net zero future.
Our clients are expressing to us how they do not feel politicians truly understand how complex the situation on the ground is; that rural enterprises are at risk because they are unsure about what to do - whether that be on renewable energy developments or because of the evolving picture around farming subsidies. They are keen to see speeches turned into workable policies. That way everyone knows where they stand.
Take renewables. I have long believed that the process of planning and paying to build renewable energy schemes in Scotland needs to be simpler, less costly and a quicker process if we are serious about achieving net zero by 2045.
Politicians want more renewable energy - quickly - to replace other power sources. The practical realities of achieving that are, however, very different.
For developers, the economics of wind farms are complex. On average, it takes at least 10 years for these projects to start making money. Current policy does not help that.
But for landowners too, the situation is mixed. With the farming subsidies up in the air and succession and tax planning a key factor for farmers, the option to diversify adds complexity. They have a chance to work with renewable developers on all manner of schemes, whether wind or hydro, or for battery storage. These - along with natural capital - are projects which support the future of their own businesses.
Yet the consents for projects, whether through planning or grid connections, can be extensive and demanding. There is no doubt that puts some people off and opportunities, which would go towards ensuring farms continue to produce food and ensuring the renewables target is achievable, are missed.
And then there are local dynamics. Councils need clear direction to ensure planning policies for renewable projects and supporting infrastructure are fit for purpose.
We see time and again that issues surrounding the support network needed for projects - whether widened rural roads or purpose-built routes needed to get equipment to sites and the power to and from these projects - are among the biggest problems in getting schemes off the ground.
These need to be addressed by the Government with local authorities - protecting the natural environment while balancing the need to reach net zero. In certain circumstances, developers should be able to secure compulsory purchase rights to ensure they can put infrastructure in place to safely get turbines in and the power they generate out.
Landowners have a critical role to play in a greener, cleaner future. They are eager to act. Clarity will provide the confidence for them to do so at greater pace.
