and promotes the interests of crofting in Scotland
to secure the future of crofting.
How decisions are taken on applications
All applications need to be assessed in line with crofting law and the Crofting Commissions policy and procedures. To ensure applications are processed fairly and efficiently the Commission operate a model of delegated decision-making through a two-tier system. For more information on the scheme of delegation please visit Crofting Commission Scheme of Delegation
The Commission uses a set of criteria for each application type which are referred to as ‘parameters'. The parameters determine at which tier a decision on the application is taken.
Tier 1 If the application meets the parameters, (including that no objections have been received), the decision to approve the application is made at Tier 1. These are known as straightforward cases, where approval can be made by a casework officer. Tier 1 decisions are generally concluded more quickly and can be made on a daily basis.
Tier 2 If one or more of the parameters are breached, the case must be escalated to Tier 2. Tier 2 involves more senior members of Commission staff being involved in the consideration of an application and may take longer to conclude. Tier 2 meetings take place weekly.
Decisions made by the Board of the Crofting Commission (Board Decision)
More complex cases that require further in-depth consideration are made by the Board of Commissioners.
Two types of cases are decided by the Board of Commissioners:
- Cases excluded from the delegated process
- Complex cases escalated from Tier 2.
This process involves the application being considered by all serving Commissioners, who have not declared an interest in an application, supported by the Commission Solicitor and Head of Regulatory Support. Consideration of regulatory applications at this level takes place at the closed session of a pre-arranged Board meeting or on an ad-hoc basis, if required.
It may be necessary, depending on the details and type of application to request Scottish Government Rural Payments Directive (SGRPID) to carry out a report on our behalf about technical aspect of the application.
It is responsibility of each applicant to familiarise themselves with an application, its associated guidance, parameters, and requirements before submission. This will help ensure the application is processed timeously and more likely to meet with Tier 1 parameters for approval.
The time it takes to process an application depends on a few factors including:
- Whether all the required information in the application has been provided.
- The type of application, some applications are more complex than others and take longer to process.
- Whether or not the application receives objections following public consultation.
- Whether or not your croft is registered with Registers of Scotland (RoS): If it is not, you will need to register it before we can make a decision on your application, which can add time to the process.
- Whether or not your application needs more in depth consideration at tiers 2 or by the Board of Commissioners: If it does, it will take longer to process.
- How many applications the Crofting Commission is processing: If we are busy, it will take longer to process your application.
Typical timescales for different the different tiers
Tier 1 - 12-16 weeks
Tier 2 - 16-44 weeks
Board Decision - 22-71 weeks
Overall, the time it takes to process a croft application can vary depending on a number of factors. However, the Crofting Commission aims to process all applications as quickly as possible
Please below a more detailed explanation of the steps involved in processing and taking decisions on applications at the different tiers.
Tier 1 - Straightforward Case
Application Validity Checks
- All information provided within the application form and maps are checked - there may be correspondence at this point to clarify certain points.
- Once checks are complete, an acknowledgement is issued to say the application is valid.
- Approx timescale up to 6 weeks depending on whether further information is needed and how quickly it is received, however there may be an additional delay at this stage as the Commission is currently dealing with a high volume of cases.
Advertising
- Most application types need to be advertised and have a 28 day public consultation period to allow for comments, and nothing happens to the application during this time.
- Approx timescale up to 8 weeks depending on how quickly the applicant places the advert.
Parameter Checks
- Each application type has a set of parameters defined by the Commission.
- If an application is within all parameters, it can proceed to a Tier 1 decision stage.
NOTE - The case cannot move to the decision phase until the croft registration takes place.
Tier 1 Approval
- A Casework Officer considers and can approve the case.
- A decision letter is issued.
Total time for case assuming no significant hold ups and that croft is already registered before reaching the decision stage aims to be within 16 weeks, however currently it may take significantly longer depending on the type of application. Currently a total time scale of up to 30 weeks is possible.
This may involve one or more of the following processes in addition to that of a straightforward case.
Objections
- If an objection is received during the 28 day public consultation period, this will immediately mean a decision cannot be taken at Tier 1.
- Objections are considered to make sure they are valid (i.e. submitted by someone with a right to do so, and within the 28 day time period) they must then be served on the applicant.
SGRPID Report
- It may be necessary depending on the details and type of application to request SGRPID to do a report on our behalf about the technical aspects of the application.
- There are various factors that can affect how quickly this report is done, such as the location of the croft, the time of year and SGRPID's other obligations.
- Typically, we allow a minimum of 6 weeks for this to be completed, however for apportionment applications we allow a minimum of 12 weeks.
Tier 2 Decision
- Tier 2 can decide to either: approve the application, refuse the application (where it is clearly contrary to the Commission Policy as agreed by Commissioners) and there is no compelling evidence as to why the policy should not be applied), consider whether the case should be escalated to the Board of Commissioners for decision, or request further information.
- If more information is requested from the applicant they are given 3 weeks to provide it (plus a reminder if required). Additionally a SGRPID report could be requested or further information sought from SGRPID at this stage.
Total time for case assuming no registration issues can be up to 44 weeks. Where there are registration issues this timescale can be significantly extended.
If the case is to be escalated to the Board of Commissioners, then the information is compiled into a case paper to inform Commissioners' decision.
Decisions made by the Board of the Crofting Commission in closed session (Board Decisions)
- These decisions are made by all serving Commissioners, who have not declared an interest in an application, supported by the Commission Solicitor and Head of Regulatory Support and other officials as appropriate.
- They may request further information before making a decision, in which case this will be requested and may need to be served on other interested parties for comment before returning to be considered at a future meeting. Additionally more information from SGRPID could be requested at this stage.
- In total, this stage could add up to30 weeks to the overall process.
Total time for case assuming no registration issues can be up to 71 weeks. Where there are registration issues this timescale can be significantly extended.
