by mary » Sun May 09, 2010 9:04 pm
As I see it, progressing a serious business plan/feasibility study in order to be able to make a decision is the next step. If this shows that bidding to buy the airbase does not stack up then we would not proceed. The outline business plan shows that it will stack up and therefore we think it is worth pursuing hence the ballot. However, it is not strictly true that we could buy the airbase in any case, as part of the right to buy legislation requires that a business plan is submitted along with the ballot result and this has to be approved by the Scottish Government.
This is what the legislation says:
"Although there is no prescribed application form to be completed when exercising your right to buy, you must submit to Ministers the following information:
o a letter confirming your CB's intention to proceed with the right to buy;
o evidence to show the relevant level of support from the community to proceed with the right to buy (your ballot);
o evidence that you comply with the requirements of section 51(3)(a) to (e) of the Act, namely that:
# the land you wish to exercise your right to buy is registrable land;
# your CB continues to comply with the provisions of section 34 of the Act;
# your CB's proposals to use the land are compatible with furthering the achievement of sustainable development;
# your proposed purchase of the land is in the public interest;
# there has not, since the date on which Ministers decided your CB's interest should be registered, been a change in any matters to the extent that, if your application to register the community interest was made afresh, they would decide that your interest was not to be entered in the RCIL;
# a feasibility study or business plan;
# any other evidence in support of your proposals."
So John, no you are not correct in your statement that we would have a carte blanche right to buy if the ballot is successful - there are a number of additional hurdles to get over! In any case I can assure you that no-one involved in MACC intends to make other than a very well considered decision backed up by professional advice.