Burgh Fishings at Kintore Common Good Consultation

What is being proposed?

The Aberdeenshire Council (the “Council) proposes to lease the Property to Kintore Angling Club (the “KAC”) on a year-to-year basis. The lease terms shall reflect that this is a lease for the benefit of the Community to encourage local participation and to ensure the long-term future of this Common Good Asset. For the avoidance of doubt the Property shall always remain (i) owned by the Council and (ii) be a Common Good Asset.

Why are we consulting?

The Council requires to consult under Section 104 of the Community Empowerment (Scotland) Act 2015 as the Property forms part of the Common Good Land purchased by The Provost Magistrates and Councillors of the Burgh of Kintore by virtue of disposition by William John Brown and Andrew Mutch dated Seventh and Fifteenth and recorded in the General Register of Sasines on Thirtieth all days of October Nineteen Hundred and Fifty-Seven. When considering a disposal of certain types of common good land and/ or common good rights, certain legal requirements must be followed. These are:

• Carry out a statutory consultation with the local community under Part 8 of the Community Empowerment (Scotland) Act 2015 ; and
• If required, seek approval from the Court under s.75 of the Local Government (Scotland) Act 1973.

This consultation is being carried out to satisfy the first legal requirement and further guidance on the process can be found here.

https://www.gov.scot/publications/community-empowerment-common-good-property-guidance-local-authorities/

Court approval will be sought if the Council decides to proceed with the disposal following the Consultation.

What are the benefits of the proposal?

The following have been noted as the benefits of this proposal:

1. Providing accessible fishings to the residents of Kintore and Aberdeenshire.
2. Offering cost savings to Aberdeenshire Council by removing the costs of administration, fishery assessment levies by the District Salmon Fishery Board and maintenance.
3. Carry out a programme of river bank maintenance and improving the existing bankside paths along the river banks.
4. Actively engaged in management of Invasive Species by control on the fishing beats.
5. The KAC are a local organisation who have the local knowledge and skill base to administer the fishings for the local community which prioritises local access and participation.
6. The KAC has indicated that they have plans in place to improve access to the riverside by creating additional paths, removing fallen trees etc.