BERNERA ESTATE BUYOUT
The Crofting Community of Bernera is currently in an ongoing process of trying to secure a community land buyout of the Great Bernera Estate.
the background
In 2013 the Great Bernera Community Development Trust (GBCDT) was formed to assist the community in assessing the benefits of community land ownership. It commissioned a feasibility study to identify the economic, social, and environmental potential of the Bernera Estate and to address the viability of community ownership. The results of this study deemed that a Community Land Buyout would be a viable and positive step forward for the future of the community of Bernera.
In 2015 a community vote resulted in 80% (142 residents) being in favour of a Buyout and 20% (37 residents) against. With this overriding positive result, negotiations to purchase the Great Bernera Estate began. The process, however, was not a simple affair as the previous landowner, Count Robin de la Lanne-Mirrlees had passed away in 2012, leaving the Estate to his grandson, Cyran de la Lanne-Mirrlees. The Estate was held in a Trust until 2021, when Cyran reached 25 years of age.
The GBCDT initially made an offer for the Estate based on a land valuation, however the offer was rejected on the grounds that it was insubstantial. A higher offer was then made in 2017 which was also rejected. With negotiations apparently reaching an impasse, the decision was taken to attempt to force the sale of the Estate under Part 3 of the Land Reform Act—the ‘Crofting Community Right to Buy’.
In 2022 MSP Alasdair Allan took the matter to debate in the Scottish Parliament, highlighting the issues facing Bernera and calling for more support from the Scottish Government. Watch the parliamentary debate here:
the current situation
It was (and still is) believed that community ownership will benefit the community of Bernera. However, to go down the Part 3 Buyout route, several legal and procedural steps, including a crucial community vote, have to be taken before an application to the Scottish Government can be submitted.
Three documents are required. The first document—Articles of Association which suit the requirements of the Land Reform Act for a Crofting Community Buyout (Part 3)—has been completed and is available to view here.
The other two documents—a detailed mapping of the Estate land, crofts and common grazings, and a Feasibility Study and Business Plan outlining the Community’s proposals—are currently being worked on.
The Part 3 Buyout Application Form also asks for details of the community’s plans and aspirations. These need to be discussed and agreed with the whole community, and a series of meetings will be held in 2026, allowing everyone to examine the proposals and raise any questions they might have.
If, at the end of this process, the general view is favourable to proceeding with the Buyout, a postal ballot will then be held to seek the approval of the community to proceed with the application.
Whether those living in the community are, or are not, in favour of a Buyout, their views all need to be heard, and attendance at these meetings gives everyone the opportunity to assess the implications of a Buyout, and to contribute to the decision on whether to proceed with the application.
If it is decided to proceed with the application and the landowner rejects it, we will be required to submit an amended application which addresses the points raised. The Scottish Government Land Unit have committed to limiting the number of times rejections will be allowed before the acquisition of the Estate can be confirmed.
Time will tell, but we hope that in the future, Bernera may be able to join the many other local communities who have bought their land and are seeking to reshape their own future.
further information
For more information about the Bernera Estate Buyout, please contact the Trust at trustbernera@hotmail.com