Tag: Scottish Government

July 11, 2017 Nick Kempe No comments exist

Following my post on the unlawful application of the camping byelaws to campervans (see here), Rob Edwards’ excellent article in the Sunday Herald (I have an interest!) prompted an interesting piece http://bellacaledonia.org.uk/2017/07/10/wild-land/ from Mike Small which is well worth reading:

 

“Scotland’s divorce from nature is intimately connected to its divorce from land. But whilst we struggle to overcome the engrained iniquity of land ownership we can do something about access to land. From the country that gave the world John Muir the shambles of the national park is pretty depressing”

 

What has been happening in the National Park though is more than a shambles, its been a deliberate attempt to exclude people from an area which was made a National Park in order to enable people, primarily from the Glasgow conurbation and many of whom have little money, to enjoy the countryside.   That was an old socialist aspiration.  Its not a coincidence that the same post-war Labour Government that created the NHS also passed the National Parks and Access to the Countryside Act 1949.     The camping byelaws, which are only part of a much wider attempt to make the National Park a socially exclusive zone, are now unravelling partly due to incompetence but also because, thankfully, other public authorities have respected people’s rights.  In this case the key right is that of people to sleep overnight in a vehicle on the road network.

 

The LLTNPA’s record on developing the byelaws and the right to stay overnight in vehicles

 

Rob Edwards obtained from the Park a very interesting explanation for its U-turn on campervans, which once again demonstrates the rotten governance that has been at the heart of how the byelaws have been developed.

 

“The park authority pointed out that caravaners staying weeks or months on two old stretches of road by Loch Earn had damaged the park’s unique environment.  “Our clear legal advice was that they weren’t part of the formal road network and that the issue could be addressed with bylaws” said the authority’s chief executive, Gordon Watson”.

 

I was surprised at this claim because if Gordon Watson or the Park’s lawyer had asked Transport Scotland – the body responsible for the trunk road network  –  they would have known that the laybys on the A85 along the north side of the Loch Earn were part of the formal road network and therefore under the byelaws as approved by the LLTNPA Board and Minister, people could sleep there in vehicles.     Transport Scotland provided me with a list of all trunk road laybys LL&T National Park Lay-Bys they were responsible for in December 2016.  Here is the extract for the A85 along the north shore of Long Earn:

While I have not converted the references from eastings and northings to grid references I am fairly confident they include all the laybys along Loch Earn where encampments used to take place

Maybe, however, the Park’s lawyer knew something Transport Scotland didn’t?   Its quite clear though that other LLTNPA staff did not know either because, as late as summer 2016, a year after the byelaws were approved by the Board in April 2015, staff were asking Transport Scotland which laybys were part of the formal road network:

(You can read the full correspondence – I am grateful to Transport Scotland for co-operating with my FOI request – here, here and here)

Note, how Carlo DEmidio, the senior manager appointed to improve the Park’s project management (and who has since left the Park) did not know either which laybys were official – perhaps he did not have access to the legal advice provided to his Chief Executive? – and his statement “We just need something that we can use to justify our position when it comes to enforcement and signage”.   That does not sound like a Park Authority following legal advice, that sounds more like a Park Authority hell bent on banning campervans whatever the legal advice.

 

Unfortunately, it may be very difficult to find out the truth on this because legal advice is privileged and exempt from Freedom of Information rules.  Whatever the legal advice the Board had prior to approving the byelaws, once Park staff found out that the laybys on North Loch Earn were part of the public roads network, they should have advised the Board.

 

Instead what appears to have happened is that Park staff, without reference to the Board or apparently the Scottish Government (see here), changed the wording of the camping byelaws.  Now under English Law, significant changes to byelaws would normally require further public consultation before going back to the Board for approval but in the Loch Lomond and Trossachs National Park none of this happened.     In my view that leaves the legality of the entire byelaws open to question but they key point here is the changes, which were significant, made it even more difficult for the Park to ban people from staying overnight in vehicles.

 

This is because the original version of the byelaws only allowed people to sleep overnight in vehicles on public roads:

 

(7) No person shall sleep overnight in a stationary vehicle within a Management Zone unless:

(a) they have been authorised to do so by the Authority under byelaw 12; or

(b) the vehicle is on a public road and such activity is not prohibited by the relevant roads

authority.

 

The key term here is “public road” which was defined to mean:

 

“(i) a road or any part thereof which a roads authority has a duty to maintain; (ii) a layby bounded partly by the outer edge of any such road; or (iii) any public car park provided by or on behalf of a roads authority. “  

 

You can see from this why it was so important to work out which laybys on north Loch Earn among other places were part of the public roads network and which not.

 

In the version of the byelaws which was published in November 2016, however, just over three months before they were implemented, the terms “public road” and “roads authority” had been dropped and replaced by the term “road”.   This was defined to mean “a road for the purposes of the Roads (Scotland) Act 1984” and this inadvertently  changed the whole scope of the exemption in the byelaws which allowed people to sleep in vehicles.   This is because under the Roads Traffic Scotland Act  a road is defined to mean any road over which there is a right of passage, private or public.    It gave campervans a legal right under the byelaws to stay on anything that looked like a road (such as forest tracks), including its verge, in the camping management zones.  Hence why the Park has refunded people who bought permits not just on the public road network at Loch Earn, but also in permit areas created on what appears to be a private road at Tarbert.

 

What needs to be done

 

The Park in its response to Rob Edwards was trying to hide behind legal advice in order to defend its unlawful attempt to charge people in campervans for staying overnight on the road network but also to save face with local communities:  I am sure St Fillans Community Council will be dismayed.  Having been told the byelaws could prevent encampments in laybys, its now clear they did not know what they were talking about and that the whole justification for the byelaws has been a con.

 

Its worse than that though.   Perhaps Park staff could explain on what legal advice they had decided to allow caravans to stop off overnight in laybys in the camping management zones while still trying to ban campervans?  The definition of “vehicle” remained unchanged between the two versions of the camping byelaws and clearly included campervans: ” “vehicle” means a mechanically-propelled vehicle or a vehicle designed or adapted for towing by a mechanically-propelled vehicle”.  I doubt any lawyer would have made a distinction between campervans and caravans and my conclusion is the staff having been making up the implementation of the byelaws as they go along. Acting beyond their powers.  Dave Morris, for it was he, was right to call for Scottish Ministers to investigate.

 

The LLTNPA Board now needs to issue a clear statement of whether the camping byelaws still apply to people sleeping in vehicles and if so, in what circumstances people could be prosecuted.   My own view is that they should clearly state that no-one who is abiding by the Scottish Outdoor Access Code, whether in a campervan or tent, will be prosecuted.  As importantly the Board also needs to  re-affirm that a primary purpose of the National Park is to enable people to enjoy the countryside and that overnight stays in tents and campervans are an essential part of this right.  It should then get on with providing the facilities that campervanners and caravanners need rather than wasting more resources enforcing the unenforceable.

July 10, 2017 Nick Kempe No comments exist

Following my posts on the Ledcharrie (see here), Coilessan  (see here) Glen Clova and Glen Prosen (see here) and (see here) hill tracks I contacted the heads of planning in both National Park Authorities to find out what they were doing about this.  The responses could not have been more different.   The Loch Lomond and Trossachs National Park Authority treating my request under Freedom of Information, delaying their response and then refusing to divulge information.  The Cairngorms National Park Authority answering my questions and promising to make information on their planning portal.

 

The LLTNPA response to Ledcharrie

On 11th June (see here) I asked Stuart Mearns, Head of Planning (and copied in the Park’s Convener of Planning Petra Biberbach) for all the information required by the Park’s Decision Notice approving the Ledcharrie scheme in principle , the dates of monitoring visits and any correspondence/information about enforcement.  On Friday, I received  this unsigned refusal EIR 2017- 050 Response Ledcharrie from someone, they have not put their name to the letter, claiming to be a Governance Manager.

 

The  LLTNPA’s reason for refusing the information, would if accepted, represent a massive step back for the planning system:

 

The documentation submitted by the developer to comply with conditions set out in the planning decision has been withheld from release under R10(5)(b) of the EIR’s as the information relates to live operational activities which are currently being monitored by the Park Authority. Not all conditions have been discharged.

 

Section R10 (5) b of the Environmental Information Regulations reads:

 

(5) A Scottish public authority may refuse to make environmental information available to the extent that its disclosure would, or would be likely to, prejudice substantially–

(b) the course of justice, the ability of a person to receive a fair trial or the ability of any public authority to conduct an inquiry of a criminal or disciplinary nature;

 

The Park is in effect is claiming that to make public any information required by a Decision Notice could interfere with the course of justice – presumably a reference to potential enforcement action.   Leave aside the fact that the LLTNPA has almost never taken enforcement action, this is complete and utter rubbish.  The Decision Notice of 2015 required the Developer to provide lots of further information including construction methods for all aspects of the scheme, detailed landscape mitigation and restoration techniques, a turve protection plan, a peat protection plan, a raptor survey, etc before any work started.  A commendable list.   If these had all been supplied as required and approved by the Park Authority there is no reason at all why they should not be made public, as they form part of the approval, nothing to do with enforcement.  That is a separate matter which comes afterwards as is about whether the Developer kept to the conditions that had been agreed.   Indeed making such documents public would have enabled interested parties to judge for themselves whether the conditions had been adhered to and report potential breaches to the Park.

 

If the Developer had not provided all the information required – and the Park has refused even to say whether the Developer has or hasn’t done this –  the Park should not have allowed construction to go ahead.   What the Park appears to be saying is that none of the detailed specifications for developments should be made public until the file is closed (once monitoring is complete).   This makes the Park as Planning Authority almost totally unaccountable and would be a retrograde step for the planning system.

 

The Coilessan track

 

In response to my questions on the Coilessan track on 28th June (see here), and in particular whether Forestry Commission Scotland had told the Park about this under the Prior Notification System, I have had an email from Stuart Mearns saying I should get a response by 26th July.   That’s almost a month but at least Mr Mearns responded himself rather than passing straight on to the Park’s Secrecy Department.

 

The CNPA’s response to information requests on enforcement and hill tracks

 

The contrast to the CNPA’s response to my emails on the Glen Prosen and Glen Clova tracks could not be greater.  Here are some extracts from Gavin Miles, Head of Planning’s emails:

 

We are looking at the Glen Prosen Hydro tracks. The CMS [construction method statement] etc should be uploaded to our public access planning pages this week or next. If there’s anything that doesn’t get uploaded we’ll let you know and will send it to you in the formal FOI/Environmental Information Request response format.

 

If the CNPA can add Construction Method Statements to their planning portal so the public can see what has been agreed in cases where enforcement action is possible, so can the LLTNPA.  Well done the CNPA for being transparent!

 

Just to make things slightly easier for us to identify on the maps and aerial photography, it would be helpful if you could send an image of the map that shows the bits you walked or are concerned about if they don’t appear to you to be part of a consent or application.

 

It gives you confidence when the Planning Authority asks for further information about exact locations (I had sent them photos and a general description of where I had walked).   My mate who I was running with told me afterwards that if you use Strava, it not only plots your entire course, it can give the exact location for photos – a useful tip for anyone wanting to report on hill tracks.

 

The CMS we have for the Clova Hydro scheme will be uploaded to the public access planning pages. Just to be clear, we haven’t taken any enforcement action against the Clova track at this point. The Planning Contravention Notice (PCN) is a fact-finding notice.

 

Honesty about what the CNPA is doing.  Quite a contrast to the LLTNPA who want to keep everything secret.

 

A comparision between the two National Parks

 

The CNPA  is far from perfect and I have criticised its planning department in a number of posts, particularly the way they handled the Shieling Hill Track at Cairngorm and also their decision to stop recording planning meetings, which in my view was a retrograde step.   I believe that as a National Park Authority they could do better but at present they are a country mile ahead of the Loch Lomond and Trossachs National Park Authority.    Their Partnership Plan includes a presumption against new hill tracks, the LLTNPA draft plan says nothing.  They are prepared to be open about what they are doing (at least some of the time), the LLTNPA reveals nothing unless its forced to.   They are trying to put more information on the planning portal, the LLTNPA has been removing information post-decision saying the law does not require such information to be published.

 

One might not always agree with the CNPA but it is possible to have a dialogue.  The LLTNPA does not do dialogue:  if you don’t agree with them, you get shut out of processes.

 

The explanation for this difference is not just about differences in staff (and who knows what pressure Stuart Mearns is under from his Chief Executive Gordon Watson), it is I believe about Board Members.   Petra Biberbach was on the Scottish Government’s independent review of the planning system which included these statements:

 

“Consistency and transparency of information are central to the reputation and smooth running of the development management system.”   

 

“The increasing use of social media and online portals is in our view a more resource efficient and effective way of communicating casework with the wider public.”

 

So, why has she apparently done nothing to make the LLTNPA as planning authority more transparent?

 

Contrast this with Cllr Bill Lobban who is on the CNPA Board and was Highland Council Convener of Planning;  he criticised the CNPA for not recording planning meetings as webcasts and argued that Councils were better placed to fulfil the planning function.  In other words there are people on the CNPA Board who keep staff on their toes.

 

What needs to happen

 

I hope the refusal of LLTNPA staff to provide information about the Ledcharrie Scheme does not have to go to the Information Commissioner for Decision and that Petra Biberbach as convener of the Planning Committee, insists the Park’s Chief Executive Gordon Watson instructs staff to make the information public as recommended in the independent review of planning report which she co-authored “Empowering planning to deliver great places”.

June 21, 2017 Nick Kempe No comments exist
This afternoon, following the debate last week (see here), there is motion in the Scottish Parliament calling for an independent inquiry into the way the Scottish Parliament deals with Information Requests:

That the Parliament condemns the Scottish Government’s poor performance in responding to freedom of information requests; calls for an independent inquiry into the way that it deals with these, and agrees to undertake post-legislative scrutiny of the Freedom of Information (Scotland) Act 2002.

 

This issue should transcend party politics (the motion is being proposed by Tory MSP Edward Mountain).  To me, the motion does not go far enough and the inquiry should include all public authorities.

 

There is an amendment to the motion from Joe Fitzpatrick (SNP) which I also think is also very welcomes:

 

“insert at end “, and welcomes commitments by the Scottish Government to adopt a policy of pro-actively publishing all material released under FOI to ensure that it is as widely available as possible.”

 

This provision too should be applied to ALL public authorities.   As evidence for this, so far this year the LLTNPA has published just two pieces of information it has supplied under Freedom of Information or the Environmental Information Regulations (see here).    The LLTNPA responds to most information requests under the EIRs and so far this year I know there have been at least 43 requests for information under the Environmental Information Regulations as each are numbered (see here for latest).    2 out of 43 means the LLTNPA publishes less than 5% of all information responses.  I have written to Joe Fitzpatrick suggesting that it should be obligatory on all public authorities to publish all responses.

 

The latest response from the LLTNPA, which followed my request for the Park to make public the management plans it had agreed with estate owners,  raises another issue about how public authorities are circumventing Freedom of Information – by refusing to release them on grounds of commercial sensitivity or confidentiality.

 

Central to the purpose of our National Parks is the way land is managed and it is right that our National Park Authorities work with landowners to improve this.  That a National Park Authority is, however, refusing to make public what it has agreed with individual landowners about how their land should be managed  is, I suggest, a matter for serious public concern.  Just why the National Park needs – or why private estates would supply the National Park with – commercial information I am not sure  but the simple answer is for the LLTNPA to remove the commercial information from the estate plans it has agreed and make them public.  The Cairngorms National Park Authority publishes estate management plans on its website http://cairngorms.co.uk/caring-future/land-management/estate-management/  so why can’t Scotland’s other National Park?

 

The LLTNPA has also recently refused to release monitoring data for the Cononish goldmine  on grounds of commercial confidentiality EIR 2017-041 Response cononish.   This raises equally serious issues.  What the LLTNPA appears to be saying is that it won’t make public information which would show the extent to which developers are abiding by planning conditions.

 

This is not just an issue with the National Park.  Its part of a much wider neo-liberal agenda to liberate private companies from the constraints of law and regulation.  Aditya Chakrabortty put this extremely well in a fine article in the Guardian yesterday https://www.theguardian.com/commentisfree/2017/jun/20/engels-britain-murders-poor-grenfell-tower:  

 

Accountability is tossed aside for “commercial confidentiality”, while profiteering is dressed up as economic dynamism“.

 

It would be hard to find a better description for how the LLTNPA is operating at present.

June 21, 2017 Nick Kempe 1 comment

The official consultation on the draft Loch Lomond and Trossachs National Park Partnership Plan (NPPP) 2018-23 closes on Monday 3rd July.  The NPPP is the key document governing what the LLTNPA is supposed to do over the next five years so its important people respond.   In this post I will take an overview of the consultation documents and then, in three further posts, will consider the three themes in the consultation, Conservation and Land Management, Rural Development and Visitor Experience, which broadly mirror the National Park’s statutory objectives.     I hope people with an interest in our National Parks will respond to the consultation and that these posts may inform those responses.    Its easy to be cynical about consultations, and I believe the LLTNPA consultation  demonstrates just how hollowed out consultation processes have become, but public pressure does work.   A good example is the pledge which was added to the Cairngorms National Park Partnership Plan to eliminate raptor persecution over the next five years.  Pressure needs to be exerted on the LLTNPA to radically up its game.

 

Where is the review of the current NPPP?

 

A rational starting point for developing any new plan should be a review of existing plans, covering matters such as successes, failures and consideration as to what needs to change.    The current NPPP,  2012-17, was initially reviewed on an annual basis, at a meeting chaired by the Environment Minister.     The Reviews are available on the LLTNPA website NPPPlan but you will never come across these if you go straight to the consultation pages and  there is no mention of them in the consultation documents nor is there any explanation of why the last one was in 2014.  Had the reviews been undertaken as originally intended, the information from them could have been fed into the new planning process.   Instead, publicly at least, there is a huge hole.

 

What the last review in 2014 does show is that the LLTNPA was facing certain serious issues and was lacking data on critical issues.

Extract from NPPP Review

Note how the LLTNPA classed a drop in percentage of designated conservation sites in favourable conditions with an “equals” symbol, meaning there was nothing to worry about.  And, were the LLTNPA to have collected data on % of visitors satisfied with cleanliness of the countryside I suspect there would have been a massive drop from 86%.   This raises the question about whether the LLTNPA is now simply operating in a post-truth environment, that its not collecting and reporting data because it would not support its marketing hype.  Other measures from 2013-14 were even worse:  a drop in the percentage of new affordable housing from a baseline of 75% to 43% and a drop in new business start ups.

 

Where is the consultation on the issues the LLTNPA is facing?

 

The consultation documents do not ask people to consider the issues the National Park faces, quite a contrast to the Cairngorms National Park Authority consultation which was based around “The Big 9” issues they had identified.   The only place that there is any  consideration of the issues is in the Strategic Environment Assessment which most people won’t read as nowhere in the consultation does it suggest this might be worth reading.  I can see why, because the SEA  explains how the consultation should have been undertaken:

 

“the dynamic assessment of environmental objectives / targets with
trends data can help to identify emerging environmental issues that should ideally be
addressed early on.”

 

It then goes on to highlight “the most critical environmental issues (problems and opportunities) that should be considered in the development of the NPPP 2018-2023”.   Nowhere does the LLTNPA explain how these issues have informed the development of the NPPP, indeed its not clear they have been considered at all.
Its well worth looking at Appendix 3 to the SEA to see how the LLTNPA is actually doing.  Here is an example:
And here’s another:   “The Park has 27 designated sites assessed as being in “unfavourable” condition due to grazing pressures.”
So we have a draft NPPP which makes almost no mention of the serious issues the NPPP faces.  This is a fundamental failing, nay a dereliction of duty – the plan has no foundations.

An outcomes based plan

 

Instead of considering the evidence and what issues it faces the draft NPPP starts and ends with a consideration of outcomes.   It appears that what is driving this is the Scottish Government’s National Outcome framework.

If our National Parks really have a “significant contribution” to “making our Education system world class”, why then is there no commitment to re-open outdoor education centres throughout the National Park?

While our National Parks can contribute to some national outcomes, actually that’s not their primary purpose, which is to meet their statutory objectives.  The Plan though, instead of considering how it can meet those statutory objectives, is full of meaningless claims to be contributing to certain outcomes.

Near the top of each section in the plan there is this graphic – a graphic illustration of priorities.  While the civil servants must be slavering all this does is make the LLTNPA look like a meaningless pawn controlled by central government.
The outcomes themselves,  are very worthy – it would be hard to object to any of them – but so broad as to be meaningless.
Conservation outcomes from the NPPP
If they were meaningful the LLTNPA should be able to explain the extent to which the outcomes are being met at present.    They have made no attempt to do so.   The problem is the first two  consultation questions are devoted to asking people if they agree with these very broad statements:
Its unlikely any people will disagree.   The Park has then identified a number of priorities for each outcome without any analysis of why that priority makes sense and again the priority is so broadly defined its rarely possible to tell what if anything the LLTNPA and its partners are planning to do:
Extract from conservation priorities. In this slide only under priority 4 does the LLTNPA give an indication of what might be going to happen.
The danger is that anyone who agrees with the priorities as proposed will be treated by the LLTNPA as agreeing to whatever actions they have or have not planned to do.  It is amazing that under the conservation of landscape priority the only two actions are actually about altering, one might say “destroying”,  the natural landscape.

The secret and biased consultation process

The draft plan does not explain how its been developed or how priorities might have been selected.  To know this you need to read the LLTNPA’s Annual Report approved by its Board this week:

“The close of the year saw the Board approve our new draft National Park Partnership Plan 2018-23  for consultation following a hugely positive workshop with a wide range of stakeholders to discuss important issues and potential priorities. This presented an opportunity to reflect on the achievements of the current plan.

 

To this end, a comprehensive discussion paper was developed and a day-long event was held for partners that have a role to play in the delivery of the new Plan”

 

So why is the comprehensive discussion paper not public and why has the LLTNPA not told the public what it believes these achievements were?   (I have asked for these to be made public immediately).

 

What I do know is that the LLTNPA selected the invitees to the consultation meeting very carefully and the range of “stakeholders” was limited:   recreational and other organisations were not invited to the main workshop though there was a later briefing.    No wonder the NPPP gives no consideration to issues like the destruction of landscape and failures in conservation in the National Park.

 

Nowhere in the NPPP are the organisations which represent people who visit the National Park treated as partners or even key stakeholders.  A fundamental failing – although of course the glossy brochure is full of photos of the people such organisations represent.

How does the NPPP fit with other Strategies and Policies?

 

Unlike the Cairngorms NPPP, which attempted to describe how their NPPP fitted with out plans that had been agreed for the area,  the LLTNPA makes almost no mention of other local plans or targets and how they might feed into the NPPP.   There are references to national plans and strategies, but generally this is again at a very high level and so broad as to be meaningless.

 

Part of the issue is that the LLTNPA has far fewer plans and strategies than the CNPA and those that it does have tend to be focussed on developments (Callander and Balloch).   It does though have a biodiversity plan, Wild Park 2012 (see here) with lots of detailed actions and targets.  How this fits with the NPPP, how its informed priorities and whether the LLTNPA is committed to a new biodversity action plan is unclear.

 

The draft NPPP would have us believe it is joined up to everything when the reality is it appears joined up to almost nothing and practically empty of real commitments from either the LLTNPA or the organisations it has identified as its partners.

 

Not all of this is the fault of the LLTNPA, much comes down to austerity – our public authorities are no longer being allowed to plan to do things which could improve everyone’s lives.   But in my view our National Park Authorities out loud about resources,  not just for themselves but for other partners, if any of its statutory objectives are to be achieved.

 

What needs to happen

 

People and organisations need to put pressure on the LLTNPA and the Scottish Government.   A good start would be to respond to the NPPP objecting to the failure by the LLTNPA to review progress under the existing NPPP, consider the multitude of information about what is actually going on in the Park and the serious issues it faces.  People should then use that reality to inform what issues they  would like the LLTNPA to address in the new plan.

 

The LLTNPA needs to ensure that the new NPPP is based on a proper analysis of the evidence it holds and needs to take a critical look at how its being doing in relation to its statutory objectives.

 

I will cover the detail of this in posts over the next 10 days.

June 14, 2017 Nick Kempe No comments exist
This entry on the Risk Register made me smile, because its an acknowledgement that CNPA is taking social media like Parkswatch into account, but illustrates concern about the wrong thing. The risk should be whether the CNPA is delivering the objectives for which it was set up. If it delivers these, it will earn a good reputation.

The agenda for the Cairngorms National Park Authority meeting last Friday (see here) was brief: Chief Exec’s Report, Corporate Performance, Risk and Mountain Hares.   While I was not at the meeting and cannot report what was decided, there were some positive signs in the  papers.

 

Mountain Hares

The paper on Mountain Hares appears to have been in response to to One Kind’s current campaign calling for a ban on hare culls in the National Park- the CNPA has received 450 postcards  –  and coverage by Raptor Persecution Scotland, the press and Parkswatch (see here) on hare persecution.  While the paper is brief and mostly factual – the CNPA has no idea of how many hares are slaughtered in the National Park – the final paragraphs at the end signal a welcome step in the right direction:

 

13. The cull of any species should be justified on sound environmental or economic reasons that are in the public interest.   In the case of deer, culls are justified on the grounds that they allow the restoration of depleted habitat and in the longer term lead to a healthier environment and consequently a healthier herd.   Hare culls similarly, may be necessary in some locations e.g. to allow woodland regeneration or  to prevent damage to planted trees.  The CNPA have concerns about the public interest justification and scale of culling for the primary purpose of tick control.
The clear message is CNPA staff do not think culls for tick control – hares are alleged to pass on ticks which carry the louping ill virus to grouse – are justified.    The paper contains no proposals to address this although the National Park could, if they wanted to, stop culls through the creation of byelaws for conservation purposes.  I hope they will propose they could pilot this as part of the Scottish Government’s Review of Grouse Moor management.
 
14. CNPA accept that culling of hares may be justified and necessary in some circumstances but we do not advocate large-scale culls unless there is clear evidence to demonstrate  extremely high densities which are causing significant problems.
Unfortunately there is no reference to why hare numbers may sometimes reach such high numbers – the answer is in good part because of an absence of predators, particularly golden eagles, in the National Park.
15. The CNPA want to see greater transparency on what level of culling is taking place in
the Cairngorms and the reasons for culling. Mountain hares are an important species
in the Cairngorms and we want to ensure healthy populations across their natural
range.

 

While no actions are proposed in the paper,  the logic in the report suggests that the CNPA will have to take action in the near future, not just on hares but to protect other species.  If the cull of any species needs to be justified on environmental or economic grounds – and remember the Sandford Principle means conservation comes before the CNPA’s other statutory objectives, including sustainable economic development –  then besides hare, the CNPA needs to look at all the other species that are killed in the National Park including corvids, raptors and mustelids.    Moreover, if there needs to be transparency on the number of hares being killed, but if hares, as the CNPA acknowledges, then why not other creatures?     The CNPA could deal with both of these issues by creating byelaws to replace the general license (which allows certain animals to be killed without permission) with specific licenses where culls could be justified on environmental grounds and required landowners to report on species populations as part of this..

 

Raptor tagging

 

Under the Chief Executive’s report there is a very brief paragraph which was given coverage by Raptor Persecution Scotland yesterday (see here):

 

Civtech – The CNPA & SNH have launched a Civtech challenge on raptor persecution. Details at   http://ow.ly/BR1V30c4bo5
The idea is is try and find a solution to the problem of satellite tags being destroyed when raptors have been unlawfully killed and data about their final whereabouts therefore being lost.  This initiative was not included in the Government’s recent announcement of a package of measures to address Raptor Persecution and I assume therefore its come from SNH and the CNPA.  If so, that is again welcome.  Our public authorities should be able to act independently of the Scottish Government.
Like Raptor Persecution Scotland I think the initiative is well-intentioned but I don’t think it will cause too much concern to the people who are unlawfully killing raptors.  Even if you could establish the exact position of a raptor before it died, and therefore the landowner who was likely responsible, it would not prove who did it.  To convict someone of a criminal offence, the evidence needs to be beyond reasonable doubt.  An estate has two gamekeepers, how do you prove which one did it?  Its because of this that I think the Scottish Government’s attempt to improve enforcement of the criminal law won’t make much difference.
While its worth trying to improve information about where and when raptors disappear, where new thinking is really required is on what other measures, apart from the criminal law, would deter raptor persecution.    I would suggest that the removal of the right to hunt, which could be done on the balance of probabilities (rather than requiring evidence to be beyond reasonable doubt as in the criminal law) would hit the people who allow this persecution to continue where it hurts.  It would remove both the enjoyment they get from hunting and the income this brings in.  Its likely to be a far more effective deterrent than the criminal law.     Unfortunately, I think it will take a lot more public pressure before that happens.

Resources

One of a number of risks in the CNPA risk register which relate to limited resources

It was good to see the Board Papers highlighting that limited resources, which result from the imposition of austerity,  pose serious constraints on the CNPA’s ability to deliver on their plan let alone undertake new initiatives.  Instead of our National Parks pretending like other public authorities they can make austerity work, we need organisations which are open about the impact of cuts and can articulate what they could do – and what differences this would make to visitors, residents and wildlife – if they had the money.    The CNPA appears to be more open about this than the Loch Lomond and Trossachs National Park Authority which continues to present itself as perfect in every respect (but then maybe that’s because it has too much money, as demonstrated by the large resources wasted on trying to implement the camping byelaws).

 

Nature conservation targets

What the figures from the Corporate Performance report tell us is that the CNPA is failing in its nature conservation objectives.  The percentage of designated features has gone up from 79% to 81% but is way below the 90% target for next year.   If this had been due to dates of monitoring visits, I would have expected the report to clearly stated this.  Instead, the accompanying report says that this reflects “the national position”.  How shocking is that?    What it tells you is our National Parks appear to have been making no real difference to nature conservation.
That’s not entirely true of course, there is plenty of evidence to show from raptor persecution, that a significant number of landowners in the Cairngorms won’t co-operate with Nature Conservation so, while CNPA staff may have been trying very very hard, its made relatively little difference.   This is an argument for a different approach, which puts land reform at the heart of the vision for our National Parks and how they should operate.

An insight into the political challenge

 

“An MSP survey carried out in December shows 100% have heard of the Cairngorms National Park and a third say they know a fair amount or know it well. A little under half (43%) are favourable towards the Cairngorms National Park with 51% claiming to be neutral. Both national parks are held in strong regard at the Parliament, stronger than may be expected given the level of awareness compared to other organisations.”
I found this extract from the corporate performance report pretty shocking: only 43% of MSPs are favourable to the Cairngorms National Park (the target was 50%).    Since we know that the Labour, Lib Dems, Tories and Greens are in favour of more National Parks, its hard to avoid the conclusion that the majority of SNP MSPs (who avoided the debate in the Scottish Parliament on new National Parks (see here) don’t like the existing ones either.   If that is so, it goes a long way to explaining the lack of resources.
Our MSPs really do need to start seeing our National Parks as a means of doing things differently, particularly the way we manage the land.
June 13, 2017 Nick Kempe 1 comment
The debate on the failure of our Freedom of Information laws in the Scottish Parliament this afternoon on a motion proposed by the Labour (Corbyn supporting) MSP Neil Findlay, following pressure from journalists and the recently retired Information Commissioner Rosemary Agnew is very welcome (see last business of day).  Here’s the latest evidence from the Loch Lomond and National Park Authority of why its needed:
 
“Please provide me with any information the LLTNPA holds about the secret Board Briefing sessions held on the Cononish goldmine on 13/12/2010 and 20/06/2011”

The Park Authority does not hold secret Board Briefing sessions. Accordingly I have to advise under S10(4)(a) of the EIRs that this information is not held for sessions as you describe.   However, informal Board Business sessions are held in private which are for officers to have time with Board members to help develop strategy by providing opportunities for informal input before formal officer recommendations are presented for decision at our Board meetings, which are held in public. 
Its 1984 and this is parkspeak.  Secret Board meetings (they are not advertised and you can only find out what could have happened at them by Freedom of Information requests such as I made) are described as “private business sessions”  by public officials who won’t put their names to the letters send out.  What a load of tosh.  This public authority held 13 secret meetings to develop the camping byelaws compared to the two held in public.
The information extracts in the response to my information request provided as an appendix EIR 2017-041 Informal Board Meeting Agenda + Cononish Actions rather gives the game away.   Back in 2010 soon after the Park under Mike Cantlay – he has just been appointed chair of SNH, one of the few remaining public bodies which does appear committed to transparency  – introduced the practice of holding Board Meetings in secret, they were called “Informal Board Meetings”.  Besides Cononish, the agenda shows that the LLTNPA discussed Local Access Forum Membership, school closures, the A82 upgrade consultation.   These are all matters, like the camping byelaws, that should have been discussed in public – in fact there are dozens of such matters over the last 7 years FOI 2016-002 Appendix A list topics at Board Briefing session.
At least back in 2010 the LLTNPA kept a record of what it was deciding, although they have only provided me with the extract about Cononish.  At some point they stopped taking any record of what was discussed or decided, which is precisely one of the points of concern highlighted in the motion to the Scottish Parliament, that the Scottish Government is “not recording or taking minutes of meetings”.    

The role of the Scottish Government in National Park decision making

For over two years now I have been trying to understand the role of the Scottish Government in the development of the camping byelaws.  We know they had an important role because Linda McKay, the retired convener, in her letter to Aileen McLeod recommending the byelaws stated:
In 2013, our previous Minister, Paul Wheelhouse, while visiting East Loch Lomond to see the changes and meet residents, partners and local businesses, encouraged us to bring forward a comprehensive set of proposals for those other areas in the Park blighted by these problems.
What I haven’t been able to find out is whether Mr Wheelhouse was set up – in other words the Park deliberately misled him that it was the camping byelaws which had led to the improvement on east Loch Lomond (rather than a package of measures) – or whether it was Mr Wheelhouse who took the initiative.   What does seem clear though is that the go-ahead – and remember this was just soon after the Land Reform Review Group had concluded there was no need to change our access laws – the important decision, was made outside any formal decision-making structures.    This is no different to how Donald Trump takes decisions.
I won’t bore readers with an attempt to recount my attempts over two years to extract information from Scottish Government officials about the Scottish Government role in the process.   What I have learned is that they hold no information about how important decisions are made Mr Kempe FOI (November) Response February 2017.   A good example is east Loch Lomond where they confirmed (in response to my question 9) they hold no information about the Review of the east Loch Lomond byelaws apart from the document supplied by the LLTNPA.   In other words not one official has put in writing any comment or recorded any view or asked for information from any other body about the the alleged success of the byelaws on east Loch Lomond DESPITE the reported interest of the Minister at the time.  Or maybe that’s BECAUSE the Minister in effect took the decision on the hoof and if the Scottish Government had recorded any written information this would have exposed them to legal challenge.
A current example concerns the Scottish Government’s role in the repeal of the old east Loch Lomond byelaws in favour of the new byelaws  (see here)   The Scottish Government has told me FoI (6 Mar2017) repeal of byelaws response  they hold nothing in writing about this but, purely by chance apparently,  “a more general point on legal mechanisms for revoking byelaws emerged in discussion”.  The Scottish Government then want us to believe that, quite independently of the LLTNPA,  which just so happened to need to revoke the east Loch Lomond byelaws, they sought legal advice on how to revoke byelaws and needless to say, because legal advice is exempt from FOI, they won’t make anything public.  I have put in a review request asking for the reasons for that legal advice.   However, where it comes to questions about application and enforcement of laws that criminalise people, my own view is that such information should be made public.  The criminal law should be made by the people, not something done to the people.

These FOI examples are part of a much bigger problem about secrecy and lack of accountability, not just in our National Parks or the Scottish Government, but across public authorities.   The  Trump approach to decision making has been flourishing in Scotland for some time, its just that unlike Trump our public authorities have not wanted to advertise the fact.    I hope the debate in the Scottish Parliament leads to some actions to put this right.

 

I have appended the motion, which is worth reading:

 

Leading Journalists Criticise the Scottish Government over FOISA

That the Parliament notes with great concern the letter from whom it understands are 23 prominent Scottish journalists to the selection panel for the appointment of the Scottish Information Commissioner, which was published on 1 June 2017 by The Ferret and Common Space and details what they argue are the failures of the Scottish Government and its agencies in relation to the Freedom of Information (Scotland) Act 2002 (FOISA); understands that it suggests that the application of FOISA by ministers and officials is questionable at best and, at worst, implies a culture and practice of secrecy and cover up, including, it believes, through routinely avoiding sharing information, often through not recording or taking minutes of meetings that are attended by ministers or senior civil servants; considers that this flies in the face of what it sees as the Scottish Government’s much-vaunted assessment of itself as open and transparent, including through the Open Government Partnership Scottish National Action Plan and its role as one of 15 pioneer members of the Open Government Partnership’s inaugural International Subnational Government Programme and legislation such as the Public Records (Scotland) Act 2011; understands that the Scottish Government introduced its Record Management Plan to comply with the 2011 Act; notes the view that the journalists’ criticism of FOISA shows that it is time to have a review of whether the legislation remains robust or has been diminished, whether it should be extended and strengthened and whether elements of it are still appropriate, such as the level set for the cost exemption, whereby the Scottish Government may refuse to provide information if the cost of doing so exceeds £600, a figure that hasn’t been updated since FOISA came into force, and further notes the view that, by doing so, this would ensure that people in Lothian and across the country who use their freedom of information rights could be confident that FOISA would be improved and applied in a way that was consistent with the spirit intended when the law was established.

 

June 7, 2017 Nick Kempe 1 comment

What has been going on, and going wrong, in Scotland’s two National Parks since they were created has been a microcosm of our society as a whole and I believe reflects the current crisis in capitalism.  Increasing inequality, public authorities whose main purpose is to facilitate business interests (whether through outsourcing services or paving the way for developers), a wilful disregard for people and other species.   I have avoided mentioning the General Election since it was announced (see here) but what happens tomorrow is very important to the future of our National Parks, despite what I regard as the sterile political “debate” that has been conducted in Scotland.

 

I am a Social Worker by trade and have sometimes question how I can justify time campaigning for better National Parks when there are so many homeless people on the street and we live in one of the richest countries in the world (whether you see Scotland or Britain as your country).   I don’t however think that social justice and access to the natural environment are separate issues.   Historically some of the greatest campaigners for the countryside ( Patrick Geddes in Scotland who was both a Professor of Botany and a Professor of Sociology) were also  campaigners for social justice and its no coincidence that the post-war Labour Government created both the NHS and National Parks:

 

“the enjoyment of our leisure in the open air and the ability to leave our towns and walk on the moors and in the dales without fear of interruption are……….just as much part of positive health and well being as are the building of hospitals or insurance against sickness…….This is not just a Bill.  It is a People’s Charter……..”  

(Lewis Silkin introducing the National Park and Access to Countryside Act 1949).

The Party manifestos

 

I have taken a  look at the Scottish political party manifestos to see whether they any are making the links between social and environmental justice and have any vision for the role National Parks could play in delivering this.

 

The SNP manifesto is interesting because while it articulates a vision for social justice, including at the UK level, there is almost nothing on the environment apart from climate change and no mention of National Parks.   In my view it reads a bit like one half of the labour programme from the 1940s, albeit not fundamentally challenging the philosophical basis of neoliberalism.

 

The Scottish Labour Manifesto repeats the UK manifesto and at least recognises what is going wrong:  “The balance needs resetting: our air is polluted, our farms face an uncertain future, our fish stocks are collapsing, our oceans are used as dumping grounds, our forests, green belt, National Parks, and Sites of Special Scientific Interest are all under threat.”   The proposals to redress the balance are mainly focussed on improving enforcement of environmental and other laws, which though welcome, is only half the challenge.   There is little articulation of what a fairer Britain means for our landscapes.

 

The Liberal Democrat Manifesto also makes no mention of National Parks and focusses mainly on the risks that the protections offered by European environmental laws could be undermined by Brexit.  The assumption is these laws are working and there is little vision for a different future (apart from a ban on the neonicotonids which are destroying bee populations).

 

The Scottish Green manifesto is brief and although the most radical makes no mention of National Parks.  Unfortunately the Party with perhaps the most potential to shift the terms of the current debate is hardly participating in the election – a missed opportunity.

 

Interestingly its the Tory manifesto which appears to offer the most holistic vision:

 

We can no longer think of economic development as a competing force against
environmental protection. Earlier this year, the Scottish Conservatives set out our
approach to environmental policy in a comprehensive policy document. The paper
included ambitious plans across seven key sections including the circular economy,
biodiversity, energy, homes and transport. In it, we have argued for the setting up of
new national parks, the introduction of a range of non-fiscal incentives for the use of
electric vehicles, new urban consolidation hubs to reduce traffic emissions or further
development of district heating networks. Our approach will provide a greener and more
sustainable Scotland for us all. We set ourselves this task because we believe it is one of
the greatest challenges of our times. It is for this generation to tackle the issue and ensure
that the next will live in a better, more productive and more sustainable world.

 

The debate on the establishment of New National Parks – Scottish Parliament: 24 May 2017

 

In the middle of the election campaign there was a debate in the Scottish Parliament on new National Parks, which you can see on Scottish Parliament TV (see here) .   The motion, put by the Tories,  was

 

“That the Parliament recognises the value of Scotland’s outstanding natural beauty, which creates jobs, contributes to the economy and attracts millions of tourists from Galloway and West Dumfries, the rest of Scotland and the world; notes what it sees as the success of the Cairngorms and Loch Lomond and The Trossachs national parks in conserving and enhancing the natural heritage of these areas, and notes the calls on the Scottish Government to conduct a review of national parks and consider the establishment of new ones.”

 

What the Tories have recognised is that people care about the landscape and this can be good for the economy.   The debate showed however that in Scotland the whole framework for discussion for conservation and enjoyment of the countryside is being held in a resolutely neo-liberal framework, which assumes neo-liberalism and  austerity is here to stay (despite the possibility of an earthquake south of the border tomorrow which no-one could have anticipated 6 weeks ago).

 

This was summed up by the Minister of the Environment, Roseanna Cunningham, at the end of the debate where she said she did not share the optimism that new National Parks could be set up with little cost and that the reality is there is less money and that the money has to come from elsewhere.   She described the silence on this from the other contributors to the debate as telling.  She went on to say that the  “costs associated with all 7 Natonal Parks (as proposed by the Scottish Campaign for National Parks of which I am a member) would run into tens of millions…………….in the current circumstances there is no likelihood of being able to assign the finance”           While she applauded the “desire to protect Scotland’s iconic landscapes”  she also stated “National Parks are just one designation that can boost economic development of an area” suggesting she sees National Parks as a means of economic development, albeit one we cannot afford.    The response from the Tories to this challenge was that new National Parks was all about getting the right Business Case but they did not challenge the austerity narrative, suggesting they agreed with Roseanna Cunningham, that the main issue is about how we spend limited resources.

 

They are not alone in this.  In Wales the Labour Government has been trying to change the law on National Parks in order to “free up” economic development (see here).  A reflection of the schism between the economic philosophy of the Corbynite UK labour party and the labour party in the devolved administrations.

 

I found the debate very disappointing.  It provided little indication at present that our politicians in Scotland are able to articulate a vision which is not entirely based on money and that National Parks matter for reasons other than our neoliberal economy (though Alison Johnstone from the Greens did make the case for National Parks protecting mountain hares).

 

I still haven’t decided how I will vote tomorrow.  The possibilities of alternative visions of society – in which National Parks could play an important role – which were around during the Independence Referendum appear to have shifted to south of the border.    I hope they remain after tomorrow as I think this could help rejuvenate visionary thinking and debate in Scotland.

June 6, 2017 Nick Kempe 1 comment
Its positive that the Scottish Government response to golden eagle persecution involves consideration of mountain hares – which as my post on Saturday showed are not just killed on grouse moors

Last week the Scottish Government, in response to SNH’s research into the disappearance of satellite tagged eagles (see here) which showed almost a third of golden eagles being tracked by satellite died in suspicious circumstances on grouse moors, announced some new measures to protect Scotland’s birds of prey (see here).   Many of the eagles which disappeared did so in or around the Cairngorms National Park (with one in the Loch Lomond and Trossachs National Park)  – (see here for excellent map from Raptor Persecution Scotland)  –  and one of the measures announced is specific to the Cairngorms.   While I can understand why RSPB Scotland and Raptor Persecution Scotland welcomed the measures – after the recent abandonment of a number of prosecutions any action from the Scottish Government is a relief – I think people should be sceptical about the proposals.

 

On the plus side:

 

  • The Scottish Government has pledged to “Immediately review all available legal measures which could be used to target geographical areas of concern”.   Since one of the main geographical areas of concern is the Cairngorms National Park,  this review should  include all the measures that could be adopted by National Parks under their existing powers (see here).   This should include a permit system for hunting, use of the planning system (e.g to stop the creation of yet more “persecution tracks” on grouse moors) and cross compliance (so estates where raptors disappear should cease to receive any public subsidies or financial assistance from our National Parks.
  • Also positive was the announcement that the “expert group” that will be set up will not just look at eagle persecution but “managing grouse moors sustainably and within the law” and this will include “the environmental impact of grouse moor management practices such as muirburn, the use of medicated grit and mountain hare culls”.    The expert group should also be tasked explicitly with looking at the impact of hill tracks and control of other predators, such as crow and stoat.

On the negative side:

 

  • The Scottish Government ruled out “giving the Scottish SPCA more investigative powers, in light of legal advice”.  Its in the public interest this legal advice should be made public.
  • But then, strangely, it has decided to pilot special constables in the Cairngorms National Park in order to “Increase resources for the detection and investigation of wildlife crime”.  This was not a new announcement, it has previously been included in the Cairngorms National Park Plan which explains why it was warmly welcomed by Grant Moir in his response to the Government (though to be fair to him he did condemn raptor persecution absolutely (see here)). It appears unlikely to achieve anything.  If the SSPCA, which has professional staff, cannot be given powers equivalent to the police, what will volunteers achieve?   What’s  the CNPA going to do when when the lairds ask all their tenants to enrol as special constables – another case of self-policing? And will the CNPA allow Raptor Monitoring Workers and members of RSPB staff enrol as special constables?    Its hard to see how this can work. In any case the proposal misses the point:  the idea that special constables will be able to patrol miles of grouse moor is farcical and  the employment of even 100 special constables is unlikely to lead to the recovery of any “disappeared” satellite tagged golden eagle and even if they do detect more crime, what we know from what’s happened over the last few months is that the landowners aren’t prosecuted anyway (see here).     It would be far more effective for the CNPA to stop funding landowners to employ Rangers, employ Rangers directly and use them to enforce hunting byelaws.
  • The proposal to “Examine how best to protect the valuable role of gamekeepers in rural Scotland” is a farcical.   The Scottish Government might as well have announced how can we continue to exterminate wildlife in Scotland, because that is what Gamekeepers are employed to do.  Now I am not against Gamekeepers as people, they usually work in very difficult circumstances, in precarious employment which depends on their success at increasing grouse numbers.  What we need though is to look at how we create new and different types of job in the countryside which Gamekeepers could move into:  the National Park, which is tasked with promoting sustainable economic development, should be a the forefront of this.

In the category, too early to tell:

  • Whether the expert group is any more than yet another talking shop (the Moorland Forum existed for years) will depend on whether Roseanna Cunningham tasks it with achieving real change.  There is a precedent for her to follow, the National Access Forum, (on which I sat) and which was a talking shop until Lord Sewell tasked us with developing proposals within six months which would result in better access rights and told the landowners if they didn’t agree, the Labour Government would legislate anyway.   Unfortunately, the Scottish Government at present appears to have ruled out primary legislation when I believe the threat of national hunting legislation would concentrate minds as it did with access.
  • “Commission research into the costs and benefits of large shooting estates to Scotland’s economy and biodiversity.”  There is already a large amount of research into grouse moors and its unclear what more research the Government believes is needed.  In my view there is a gap and that is looking at the alternatives, in other words the cost of grouse moors, both economically and ecologically, compared to other ways the land could be used.

 

Wildlife persecution and our National Parks

Muirburn on Ardvorlich Estate, Loch Lomond and Trossachs National Park

While wildlife persecution is a far more obviously a problem in the Cairngorms than in Loch Lomond and the Trossachs, it goes on in both National Parks.   I have commented on Parkswatch before that its much easier to see a fox in urban Glasgow than it is in Loch Lomond and the Trossachs.

 

In considering wildlife persecution – and that includes the actions announced by the Scottish Government last week – whatever standards and rules are adopted, they should be higher and better enforced in our National Parks than the rest of Scotland.  What this should mean is that animals that may be lawfully culled elsewhere – such as crows and stoats – should be protected in our National Parks and cease to be treated as vermin.   Protecting wildlife, so all can experience it, should be a fundamental part of what our National Parks are about.  Our National Parks are a long long way from that.

 

It appears that the Loch Lomond and Trossachs National Park Authority don’t even recognise there could be a problem.  In its draft National Park Partnership Plan out for consultation (see here) there are references to “rich”, “varied” and “iconic” wildlife, with scarcely a mention of what this wildlife is and no mention of what is missing due to habitat degradation  (conifer plantations and overgrazed hills) or wildlife persecution.   There is no reference to the fact many upland Sites of Special Scientific Interest in the National Park are in unfavourable condition and what could be done about it.   There is one reference to  “important populations” of species such as golden eagles and Atlantic Salmon and that is it:   there is no explanation about whether the number of breeding eagles in the National Park are what one would expect and not a single reference to raptor or wildlife persecution.    The conservation purpose of the LLTNPA appears to be limited to keeping campers away from loch shores (which were once far more intensively used) and tackling a few invasive species rather than doing anything positive for wildlife or habitats.

 

While I have been critical of the CNPA, it is miles ahead of the LLTNPA in the priority it gives to conservation in general and wildlife persecution in particular.   The most important thing is it recognises there is a problem “The satellite tagging reviews findings are deeply worrying” and also that it has pledged in its National Park Plan (see here) “to eliminate raptor persecution”.   In the original draft plan the commitment was to improve raptor populations, which was hopelessly vague, and in my view the revised plan is significantly stronger.  The problem is the means that the CNPA is proposing to address raptor persecution – such as special constables and working with landowners in the east of the Park – are not strong enough to work.    It now though has an opportunity:   the Scottish Government announcement in effect gives permission to the CNPA to launch a public consultation on all the legal measures it could adopt to eliminate raptor persecution including byelaws, use of the planning system and cross-compliance.   The CNPA should take the opportunity and get on and do this (while the LLTNPA would be well advised to follow in their footsteps).

June 5, 2017 Nick Halls 4 comments

By Nick Halls, resident of Ardentinny

The LLA has given extensive coverage to the impact of the byelaws on Loch Lomond in its annual review available online (http://lochlomondassociation.co.uk/LLA17WEB%20-%20Rev1.pdf)

The changing landscape of the National Park

 

I monitor the evolution of the Bye Laws and the incoherent manner of the implementation, by means of observation, talking to campers, visiting designated sites, reports contributed by ‘Parkswatchscotland’, and articles in magazines of Representative bodies of the physical activities in which I engage, which include camping associated with watersports and terrestrial activities.

 

I supported the creation of a National Park and worked to have Argyll Forest Park included.  I have lived in the area of the LL&T National Park since 1969 and experienced nearly half a century of change, much of which has degraded the environment, depopulated communities of young people, reduced indigenous economic activity and local job opportunities. Not all of which lies at the door of the NP Authority, but it has done little to either slow or reverse the processes, despite the objectives of the NP. In fact, the NP Authority seems to reinforce the destructive impacts from which I imagined it would protect the area.

 

I observe daily the destructive impacts of motorists, near roadside camping, day visitors and egregious behavior of residents. I live amongst the land management practices of farmers, estates and Forestry Commission Scotland(FCS) and observe the degradation of the scenic quality of the National Park with dismay.

Conifer afforestation cutting off access to the hills and taking over former habitations that once provided places to camp – photo Nick Kempe
Deer fence and gate, Stob an Fhainne, north of Loch Arklet    Photo Nick Kempe

I have also noted the restriction of pleasurable free access, arising reversion of farmland to scrub and the ‘clear fell’ practices of FCS, encroachment of invasive non-native species, and enclosures designed to exclude deer. The hills are almost inaccessible other than by over used ‘popular’ routes – creating obvious landscape scars.

 

 

 

I am an ‘immigrant’ to the area but note with concern the progressive emigration of the indigenous population, for education, employment and improved life chances. My son who attended Dunoon Grammar, has only one or two school friends left in the area – he is now working in Canada. The indigenous population is progressively concentrated in suburban localities, while much of the more desirable property is used as either second or holiday homes or occupied by elderly retired incomers.

 

I believed naively the creation of a National Park would mitigate the damaging impacts arising from residents, land managers and visitors. I have been profoundly disappointed.

 

I have concluded the Governance of the National Park Board exemplifies the manner in which established vested interests, that actually have their ‘hands on the levers of power’ in Scotland, operate to secure influence by attaining appointments on the Boards of arms-length government agencies, that purport to serve the wider public interest, and then betray ‘people’s’ trust by subverting them in their own interest.

 

The eradication of space for camping from the National Park

 

It seems incredible that charging for camping, and by extension access, for a legal recreational activity in a National Park could ever have received endorsement by an SNP Minister of the Scottish Government. It discredits the very existence of the Scottish Parliament – and devalues the legislation it passes.   Justifications presented in support of Bye Laws were flimsy at best, but could be presented as blatant misrepresentation to secure a predetermined outcome.

 

Provision for any sort of camping has been eradicated from the area progressively from the time I first arrived in 1969 – as camping sites evolved into first caravan parks then chalet developments – both much more intrusive than temporary camping. As confirmed by reference to OS and Bartholomew Tourist maps published prior to 1989.

Ribbon chalet/caravan development Ardgoil with conifer afforestation blocking access to hillside above – Photo Nick Kempe

These concentrated seasonal residential eyesores impose more pressure on public infrastructure, particularly sewerage and waste disposal, than any number of transient campers. They also degrade the natural qualities of the NP by a progressive urbanization, and pollute the aquatic environment surreptitiously – the shores of Loch Long, Loch Goil & Loch Lomond reveal plenty of evidence – fly tipping, cotton buds, toilet paper & sanitary towels are not dropped by shipping!

The enclosure of Loch Shores – Loch Lubnaig Photo Nick Kempe

 

 

Significantly, under current legislative conditions, land that was once accessible has been converted into curtilage by close spaced semi-permanent temporary residences – a surreptitious usurping of what was once a ‘common good’ into exclusive compounds.

 

 

The architecture of these developments contrast with the vernacular building style, stimulating images of beach front caravan sites of a coastal resort or over-crowded chalet developments in an alpine resort. They fundamentally erode the integrity of the ‘uniquely  Scottish’ nature of the Loch Lomond and Trossachs, so admired by artists of the 19th and 20th Century.

Painting of Ben Lomond from shore at Balloch, Hunterian Gallery, Glasgow Uni – a great illustration of the philistine destruction implied by Flamingoland

 

Overgrown former entrance Suie Field – photo Nick Kempe

When I first arrived ‘wild’ camping was easy, but progressively every spit and exploitable piece of lower land has been either privatized, trashed by industrial forestry practice or over grown by non-native invasive species, such as Japanese Knot weed, Rhododendron, not to mention windfall, bracken & scrub.

 

A contributing factor has been decline in cattle & sheep farming, so formerly grazed areas are now overgrown. Suie Field and Cuilag exemplifies this feature, where the residual preferred camping options are now on the shingle beach.

 

The current situation is that there are very few accessible spaces to camp, and those that remain are intensively used by day visitors and campers. Progressive ‘privatization’ of accessible spaces and increased use of private cars for short visits to the NP have concentrated use, but the services to accommodate the use have not been provided.

 

All of this has been made explicit by numerous reports, press comment and user groups. It is not a recent ‘discovery’, it is as plain as the ever-lengthening noses on the faces of spokesmen for the NP Authority.

The bins originally proposed for the north Loch Venachar car parks included recycling facilities but LLTNPA staff cut bin provision and toilets from the original plans contained in the 5 Lochs Visitor Management Plan Photo Nick Kempe

Many former informal sites have been converted into car parks/picnic sites – in favour of motorist and day visitors, at many of them camping is frowned upon. This exemplifies considerable public investment for one category of visitors at the expense of low cost provision for another. The necessary infrastructure for such concentrated use by day visitors has not been provided, such as bins, garbage disposal and toilets. There is no coherent provision to accommodate the requirements of visitors of any sort.

 

North Loch Venachar, where informal campsites were proposed just 5 years ago in 2012 were redesigned to make camping difficult before the camping byelaws banned camping here completely and instead there are permit places in a muddy field on the other side of the road. Photo Nick Kempe

It escapes me as to why picnic tables proliferate, while being less than essential, while nice camping spots are eradicated. What ideology of visitor management validates this preference?

 

Evidence indicates campers are to be progressively driven from the Camping Management Zones and LL & T NP more generally.

 

The real problems faced by the National Park

Fly tipping of garden and other waste at Cuilag – unlikely to have been done by visitors – photo credit Nick Halls

The actual problems the NP has to confront are not ‘visitors’ but egregious land management practice, rural decay and the reversion of uneconomic farmland to marsh and scrub and fly tipping by residents. This ignores the vast tracks of land rendered inaccessible by industrial forestry practice, within which were farm towns with improved walled enclosures, charcoal burners platforms & hut platforms – reasonably drained and near water. All of which used to provide opportunities for camping.

 

This destruction of amenity is substantiated by pictorial evidence supporting reports – but to designate this sort of terrain as desirable camping locations, and charge for using it, is incomprehensible. There must be issues arising from Trades Description and Fraud legislation.

 

I cannot understand why Scottish Sports Association has not put pressure on both Sport Scotland and Ministers to review the operation of the Boards of both NPAs? The lack of consultation with representative bodies for sports and recreational activities is itself a disgrace, [except sporting estates] but the complete indifference to representations from bodies of all categories of users of the NP’s in preference to a spineless subservience to the interests of landowners/managers and influential residents surely cannot be tolerated any longer.   Particularly so, as private interests seem to be obscured by the practice of holding unrecorded ‘pre-agenda’ meetings to ensure outcomes of subsequent Public Meetings, during which interests of Board Members are not declared or recorded.

The newly “restored” hydro track to the top of the Eagle Falls, Glen Falloch. The original planning permission by the Board required the track to be removed but this was overturned by staff

Specific concerns arise in the case of hydro works in Glen Falloch, unrestricted construction of intrusive estate infrastructure on wild land, appallingly unaesthetic commercial forestry practice, and to top it all the, proposals for ‘Flamingo land’, as if a Scottish National Park is the equivalent of Center Parks or a Funfair, or in the case of Lomond Shores, Blackpool!

The LLTNPA want to develop the shoreline on right into Flamingo Land, Ben Lomond left – photo credit Nick Halls

It makes one wonder if the Board/Authority can distinguish between a Regional Park recovered from an industrial wasteland in the midst of a conurbation and conserving an iconic area of wild land, the history of which underpins the Scottish national identity.

 

I note the CV of James Stuart, it will be of interest to see whether he is just another ‘safe pair of hands’ appointed to protect vested interest, or whether he can change the culture of the LL & T NP Board. It will also be interesting to see whether the new councillors serving the constituencies within the NP boundaries, will treat the NPA as just another local authority and a vehicle for promoting their electoral interests.
Whatever emerges I fear it will not enhance the reputation of NP’s in Scotland, or enhance the environmental quality of the land for which the NP Board have planning responsibility. It will demonstrate how Scotland is ‘actually’ governed, and how little real concern exists for a ‘Fairer and more Equal’ Scottish Society.

 

Attitudes of Park staff

 

Recently, I was informed by a Ranger that the bye laws were necessary to exclude ‘travellers’ from the NP [by which I assume he meant Tinkers/Gypsies] who annually made a mess of camping places – to co-opt my sympathy on the assumption that I would naturally agree that such lower order socio-economic scum should not be allowed use the NP, or upset the largely middle class ‘blow ins’ who have replaced the indigenous population. There is no evidence whatever that the mess left by visitors both day and overnight can be attributed to any particular sector of society, other than highly subjective guesswork. There is ample evidence that the fly tipping, of which there are examples everywhere, is the responsibility of residents.

 

He also mentioned that tidying up the NP, by exclusion of campers, was an imperative because foreign visitors, particularly those traversing the West Highland Way, remarked on the quality of the Scottish Scenery but bemoaned the litter everywhere. This underlines the lack of a litter management strategy, but hardly validates the exclusion from preferred camping sites nowhere near the West Highland Way.

 

It is hard not to conclude that training of NP personnel involves reinforcement of social prejudice, that evidence they see every day must throw open to question.

 

Politics and the national interest

 

In the context of the lead up to an election in which constitutional issues will be influential, opinion about the detail of the ‘actual’ governance of Scotland is relevant.
It is appropriate to comment on abuse of position and influence and disregard for Scottish Law, in pursuit of objectives that reinforce social exclusion and private interest at the expense of the ‘common good’.

 

There is such dissonance between political pronouncements and the reality that it raises concern that Ministers of the Scottish Government consciously collude or are out of touch!  One wonders whether civil servants, parliamentary secretaries and constituency workers, who presumably monitor the press and other media, are keeping Ministers properly informed – or colluding in misrepresentation and abuse of power and due process – because they are in sympathy with it!


This raises the issue of ‘who actually governs Scotland’ and whether the declared social aspiration of the SNP  is being subverted or are just hollow. Strong & Stable [actually indecisive and floppy] versus Fighting for Scotland’s interests [actually weak and ineffective] while incapable of implementing any change worthy of notice, and presiding over socially regressive initiatives reinforcing the least palatable aspects of the Scottish social scene, of which they seem blissfully unaware.


The Governance of the NP Authorities and the accountability of senior officers is the issue under consideration, but the devious unaccountable nature of HIE, SNH, MOD, SEPA, FCS & the landowning interests with which they apparently closely identify is also becoming explicit.


The question has to be asked, ‘who disinterestedly speaks for the actual benefit of the majority of Scottish people’, and whether their voice should be heard?   The evidence seems to suggest that democratically organized representative bodies, charities and voluntary undertakings are treated with contempt.

May 23, 2017 Nick Kempe 4 comments
Photomontage of Option 1 for proposed redevelopment of Ptarmigan.  As well as the raised viewing tower, note the glass viewing area added to  design

I understand that Natural Retreats were not happy last week that their proposals for Cairngorm were obtained through Freedom of Information (see here).   As John Hutchison pointed out on twitter in response to my post, the secrecy at Cairngorm rather undermines – or perhaps reinforces the need for! –  the current Scottish Government consultation onengaging with local communities on decisions about land (see here).     While the draft guidance states there is no need for additional consultation where statutory consultation is required, it appears Natural Retreats and HIE are planning to submit a bog standard planning application without any specific consultation with the local community, let alone with the recreational community or conservation organisations, as would be required if a proper masterplan was developed.    No change then to the way HIE has always operated at Cairngorm, plans are developed in secret and then presented as agreed.

 

More development, high up on Cairngorm, is totally inappropriate

 

Design Option 2 for the Ptarmigan

 

Before considering why HIE are pushing the development of the Ptarmigan, its worth stating clearly why the proposal is fundamentally flawed:

 

  • Its near the summit of Cairngorm, one of our finest and best known hills.  Its not the sort of place where a National Park, whose mission is to protect our finest landscapes, should be allowing further development.
  • HIE and Natural Retreats will doubtlessly argue that the increased visual impact created by their proposals will not be that significant, but the job of the National Park should be to see that existing impacts are reduced, not increased.
  • In tourist terms, Cairngorm is covered in cloud for much of the time so why would anyone take a train up to near the summit to see…………….. nothing?   The concept is all wrong.  If you want to get people to take trains or gondolas up mountains, they need to finish somewhere with a view.  In Scotland, this means taking people half way up the hill where they might get a view most days of the year, like the Aonach Mor gondola, not onto the Cairngorm plateau.
  • Most tourists, however,  want more than a view, which after all you can see easily enough on film.  They want to experience the outdoors in some way, which means a walk.  Leaving aside the legal agreement, which prevents non-skiers from leaving the stop station, Cairngorm is not a good place for a walk most of the time – the weather is just too wild, though maybe Natural Retreats think will buy a ticket up the funicular so they can be blown about on a viewing platform.  Of course, Cairngorm in fine weather is wonderful, which is why so many people care about the place, but those days are far to few to support mass tourism developments high on the mountain

 

For these reasons further developments high on Cairngorm are objectionable in principle, something which conservation and recreational organisations have been trying to tell HIE for over twenty years.

 

Why do HIE and Natural Retreats want to develop the Ptarmigan?

 

While its not clear at present why the earlier plans to develop the Day Lodge were dropped, the current proposals suggest this is all about the funicular.   The risk of developing the Day Lodge into a visitor and conference centre is that on those wet and cloudy days, people would not have bothered to buy a ticket up the funicular.

 

The funicular was supposed to increase the number of summer visitors to Cairngorm but Natural Retreats figures (from last year) say it all:  “210,000 annual visitors (120,000 in winter and 90,000 in summer) with vast potential to increase”.    The aim of the new Ptarmigan development appears to be to try and attract more summer visitors to Cairngorm.:

Extract from slide obtained through FOI “Cairngorm Mountain Resort Development Plans”

 

The initial plan was to increase visitor numbers through the creation of three mountain bike trails down from the funicular top station, as mooted in press.   However, it appears the other public agencies made it clear they would not relax the legal agreement preventing people from leaving the top station.  This is not surprising. One could hardly justify mountain bikers  leaving the stop station while pedestrians were stuck inside.

Advice from SNH obtained through FOI

Once the mountain biking proposal was dropped, the only option was to try and think of ways of turning the Ptarmigan into a tourist attraction which visitors would want to visit even though they were unlikely to see anything and would not be allowed out for a walk.   Hence the proposals for viewing towers in the top two photomontages and for a wrap around viewing platform added on to the existing building (purple area below):

This and following slides all from documents entitled “Cairngorms Mountain Resort Development Plans” obtained through FOI

And, in order to give people an “authentic” taste of the outdoors, a board walk out over the top of the funicular tunnel was proposed:

 

Inside, the idea is first to provide a visitor attraction:

 

 

Then, a much larger cafe so people have somewhere to go and spend money after viewing the exhibitions.

 

And finally, to encourage people arriving at Cairngorm to buy the ticket up the funicular, a partial facelift for the funicular entrance and funicular itself are proposed:

 

Why the proposals are misguided and what needs to happen

Whatever you think of the designs – and the firms that have developed them, 365 and 442, have some very skilled people – the problem is they are for a development in the wrong place:

 

  • Adding glass covered walkways and viewing towers to a visitor facility is a good idea but not appropriate for Cairngorm
  • The proposals for the exhibition may be interesting, but the place for a visitor centre is lower down the mountain, where people can go out afterwards and experience some of what has been shown as in Coire cas.
  • The blingy funicular upgrade might be a great idea for Blackpool but not Cairngorm

 

The basic problem is that HIE are still hooked on trying to increase funicular numbers in summer, still trying to make their asset pay.  They don’t appear to understand most people who visit the National Park in summer want to be outside.  Why would such people ever want to take the funicular when they have the whole of Glenmore to experience?   A visitor centre might be a good option for a wet day but a visitor centre up the top of a mountain on a wet day will be a disappointing experience.

 

Maybe HIE has conducted proper visitor surveys providing evidence that lots of people visiting Glenmore would pay to visit such a facility and this has informed their decision to lend £4 to Natural Retreats – but somehow I doubt it (I will ask).   Consultation is not HIE’s forte.

 

A little early engagement with all interests (and not just public authorities) – as recommended by the Scottish Government – would prevent HIE adding to the financial disaster of the funicular, for which it of course was responsible.

 

Meantime, there is no sign of any proper plan being developed for Cairngorm.  HIE was tasked under the Glenmore and Cairngorm Strategy with producing a Cairngorm Estate Management Plan – there is still no sign of this or the proposed Montane Woodland Project on Cairngorm and in my view both should have been agreed BEFORE any development proposals.    The Cairngorms National Park Authority also asked Natural Retreats to produce a set of standards to guide their operations on the mountain and there has been no sign of this either.

 

Its time for the Cairngorms National Park Authority to start speaking up for Cairngorm and a first step would be to ask Natural Retreats and HIE to start consulting on all the other proposed plans before any development proposals are considered.  If they are also feeling brave, they could  point out to HIE and Natural Retreats that the priority for sustaining the local economy is maintaining winter visitor numbers, not summer visitors.

May 12, 2017 Nick Kempe 1 comment
Beauly Denny restoration across A9 from A889 just north of Dalwhinnie. Meall Chuaich left background.  Photo 1/5/17.

 

In my last post on the Beauly Denny restoration (see here), I referred to the apparent contradictory views on who is responsible for ensuring the land is properly restored to its original condition, a requirement of the planning consent for the powerline granted by the Scottish Government.   The  restoration of much of the ground in the Cairngorms National Park falls well short of what we should expect in a National Park (see photos).

 

A Scottish Government official had told me the Cairngorms National Park Authority is responsible for enforcing the planning condition while an officer of the CNPA had told the North East Trust that they thought the Scottish Government is responsible.     I am grateful to the reader who draw my attention to the Guidance from the Scottish Government Energy Consents and Deployment Unit (ECDU) on this topic (see here).

 

Ostensibly the Scottish Government official was right.  The Guidance states:

 

ECDU, in consultation with the relevant Planning Authority, SEPA and SNH, who will all be asked to provide regular reports to ECDU, will monitor the performance of applicants in complying with the above conditions. The discharge, compliance and enforcement of deemed planning conditions is overseen by the relevant planning authority.

 

While there are complexities to the legal position of which is the planning authority in this case, the CNPA not having full planning powers, in practice the CNPA rather than Highland Council has taken the lead on the Beauly Denny (to its credit) so I think it is clear it is responsible for enforcing the planning conditions.

 

The problem however is the Guidance makes it clear that the Scottish Government is responsible for monitoring compliance with the planning conditions.  Its difficult to see how legally CNPA could start taking enforcement action unless the Scottish Government accepted this was needed:  Scottish and Southern Electric as developer could probably block any enforcement action in court on the basis that there was no evidence that the Scottish Government as the  official monitoring body was concerned about the quality of the “restoration”.

 

So what is the position of the Scottish Government on the quality of the restoration?

 

Next pylon south from that in top photo showing poor “restoration” around the tower and along the track. From a distance some of the landscape impact is reduced because of the large areas of muirburn but is likely to become more prominent as summer progresses.

 

From what I have been able to ascertain from a Freedom of Information request to the CNPA, the Scottish Government is doing very little to monitor critically the performance of SSE.   While I might be wrong about this – I have not for example asked the SG yet for the information they hold on this – what appears to be happening is the SG are  meeting SSE without SNH and CNPA present.   Indeed CNPA were kept so far out the loop that in July 2015 the liaison process had to be explained to them by SSE 150729BDUpdateMeetingNote.

 

This is important because  the CNPA has been raising serious concerns about the standard of the restoration.   First, the then convener of the CNPA Duncan Bryden wrote to SSE outlining their serious concerns after a Board visit to the site 250615trackrestorationSSE:

 

Despite a long period of period of pre planning and preparation it does not appear to the CNPA that the methods used are commensurate with National Park sensitivities (including Natura 2000 designations), nor the high- profile nature of the works, immediately adjacent to and often highly visible from the A9, Highland main line, National Cycle Route 7  and surrounding Munros.  For example, the original vegetation and turfs have not been removed and stored in such a way as to facilitate regeneration and there has been significant soil compaction and mixing of soil horizons.

 

These concerns were reinforced by CNPA officers at the meeting in July when the asked some SSE some crucial questions:

 

Why, given that certain activities had been planned, had they not then been implemented? Why, given that this was always known to be a challenging and high profile site, and that work was going on at present were the plans for re-vegetation/restoration not at more advanced stage?

 

The response from SSE, which claims to a company with aspirations to being green and socially responsible, avoids the issues 250615trackrestorationSSE Mr D Bryden CNPA Response 26 August 2015:

The photographic evidence in my view contradicts the claim by SSE that “there have been isolated issues surrounding the separation and storage of soils” and that the whole project has been very successful.    The Scottish Government needs to test the corporate governance speak against what can be seen on the ground.

Travelling down the A9 on 1st May I took photos of almost every tower you can see from the road. The impact on soils and vegetation is not hard to see as with this pylon south of North Drumochter Lodge

 

While I have not yet been able to work out the numbers of all the pylons, in the monitoring produced in October 2016 SSE states that for almost all pylons on this section of line “Re-instatement of the soils is to an acceptable standard”.  The photos I believe show otherwise and that the CNPA was completely right to raise concerns.

 

What needs to happen

 

What’s not in the public realm at present (as far as I have been able to ascertain) is whether the  CNPA’s concerns have been submitted to the Scottish Government, and if so what the Scottish Government’s response has been.   What is needed is join up between the Scottish Government’s ECDU and the CNPA and SNH.  While a first step would be joint monitoring meetings, I think there also needs to be a joint approach to remedying what has gone wrong.

 

Meantime, at the end of April there was some good news about the impact of the Beauly Denny on the landscape in the National Park (see here).   The pylons between Aviemore and Kingussie, including those that blight the extension to the Speyside Way (see here), are being removed.  Although the CNPA did not manage to block the Beauly Denny they did achieve removal of these powerlines as a compensatory measure.   The challenge now for the CNPA (and for landscape campaigners)  is not to allow the Scottish Government to treat that welcome “compensatory improvement” as sufficient and the Beauly Denny as job done while burying their heads in the new soils that have been created at Drumochter.

May 11, 2017 Nick Kempe 3 comments
Photo credit Luss Estates – from last weekend

Contributors to Parkswatch have, over the last 15 months, regularly highlighted the failures of the Loch Lomond and Trossachs National Park Authority to provide basic facilities for visitors.  We are not the only people who have been saying this of course but in an extremely welcome development, Luss Estates, who I understand have been trying to influence the LLTNPA behind the scenes, have gone public.   Their press release, about what went wrong at Luss over the weekend, is very powerful.

A link was also provided to a number of further photos (see here) which every politician in Scotland should take a look at and then start asking questions.

The problems, which were entirely predictable given the spell of fine weather we have been having,  did not just affect Luss but were evident in other hotspots in the National Park.   This point was well made in another welcome press statement from the Friends of Loch Lomond and Trossachs:

 

“Call to Get Back to Basics

The Friends of Loch Lomond and The Trossachs Chairman, James Fraser has made an urgent call for local public sector agencies to get back to basics to tackle litter, toilet and traffic management issues in a more effective way at popular lochside visitor hotspots such as Luss and Balmaha.
He said: ” Over the past weekend both locations were overrun with visitors and were unable to cope and it was evident public bodies such local authorities and the National Park Authority are not geared up to deal with the basics such as emptying overflowing litter bins and  resolving traffic management problems at busy times. The current arrangements are wholly  inadequate and urgently need to be addressed to ensure there is no repeat of the shambles which took place last weekend.”
He added:” I understand new arrangements are supposed to be in place for different parts of the area with Councils taking on more responsibilities for traffic management and parking from the police but it is evident from the chaos with road blockages and indiscriminate parking at the weekend the Councils are ill prepared and  have not staffed up at busy weekends to deal with the problems.”
A flood of complaints were lodged by visitors and local residents over the weekend and many were ashamed by the dreadful state of the areas which fell well short of what is expected in a National Park.”
What is great is the public are now also complaining, as you can see from this post on Walkhighland about litter at Inveruglas.  Its also well worth a read and it would be hard to beat the patronising attitudes in the LLTNPA response to the complaint:
“It is unfortunate that more education needs to be done with the users of the park in terms of how they deal with their waste when in such beautiful locations.”
This shows just why the LLTNPA is failing, everything is someone else’s problem.
 

Visitors to the National Park are being ripped off by our public authorities and getting nothing in return

Meanwhile, as Magnus points out the LLTNPA charged him £4 to park his car while he was out hillwalking,  fees to pay bureaucrats to patronise the public.
And its going to get worse – the LLTNPA is at present trying to lease the carpark at Balmaha from Stirling Council where it plans to install another Automated Number Plate Charging system (three were originally planned, one at Inveruglas) so it can charge visitors – again without them getting anything in return.
Photo Credit Fiona Taylor
Argyll and Bute Council are doing the same in Luss.  If you want to go for a hill walk in the Luss Hills, a healthy activity which the National Park should be encouraging, and and use the car park you are likely to end up paying £7 for the privilege.   No-one in the LLTNPA seems to care – they would prefer people to park on the kerb so that they can then patronise visitors for not showing enough consideration for “beautiful locations”.

The connection between the LLTNPA’s  failures to provide infrastructure for visitors  and the camping byelaws

Illegal tent snapped from passenger seat of car west Loch Lomond Saturday 6th May
Contrast the photo above with the photos in the Luss Press Release.   Yes, the photos above was from the car and its not possible to tell if the campers were adhering to the Scottish Outdoor Access Code, but ask yourself what is the problem the LLTNPA should be tackling?
Should they be devoting a huge proportion of their human and financial resources to trying to chase campers away from the loch shores, whether or not they are camping according to SOAC, or should they be tackling the problems highlighted by Luss Estates and Friends of Loch Lomond and Trossachs?
What neither Luss Estates or FOLLAT have been prepared to say publicly as yet – and both supported the camping byelaws, albeit far from unconditionally – is that the camping byelaws account for many of the failures of the LLTNPA, including a failure to co-ordinate work with Local Authorities on everything from litter collection to car park charging.     While the evidence shows the byelaws are unravelling anyway – see yesterday’s post (see here) – as long as they continue to direct their resources towards managing what they are not fit to manage, the National Park will continue to disgrace Scotland.

What needs to happen

James Stuart, in his speech to become convener, hinted that the LLTNPA need to change focus.  He did not go far enough but his challenge now is to reverse the parrot like statements from the Park and the Scottish Government officials that the byelaws are here to stay, admit the LLTNPA has made a serious error which is preventing resources being spent where they are needed, and start engaging with organisations like Luss Estates, FOLLAT and the recreational organisations, as well as local communities,  to develop a new approach.

 

The new National Park plan is the obvious place to start.   The LLTNPA needs to “get back to basics” as FOLLAT puts it and stop pretending that they are some sort of business whose main purpose is to raise income for itself rather than cater for the needs of visitors.  Parkswatch will feature a number of posts on the new draft Partnership Plan in the next few weeks and would encourage all those who have complained to the LLTNPA, to respond to it in due course.

April 27, 2017 Nick Kempe 5 comments
Photo taken Sunday 19th March and posted by Donald Morris on the Save Cairngorm Mountain facebook page – great source of information for what is going on at Cairngorm. Natural Retreats were burning off the old snow fencing which they had previously committed to remove from the mountain.

After Highland and Island’s Enterprise announcement that they had agreed a new masterplan for Cairngorm, along with a £4m loan to Natural Retreats (see here),  I asked HIE for a copy of the masterplan and any associated plans for the proposal- such as a business plan providing evidence for the proposals:

HIE Response

“At the HIE Board meeting on 11 April 2017, the Board approved CML’s [Cairngorm Mountain Ltd’s] new Master Plan.  However, the CML Master Plan is commercially sensitive and cannot be published at this time.”

Comment

The business plan – although HIE has avoided answering whether such a plan exists – could be commercially sensitive and thus exempt from FOI law,  but a masterplan is a planning document and should be available to the public.

I also asked for a list of all organisations HIE has consulted on this proposed and any information relating to that consultation:

 

HIE Response

“CML will be the applicant in terms of any forthcoming planning application. Both HIE and CML have been involved in prior consultation with CNPA, THC [Highland Council] and SNH.”

Comment

HIE have failed to answer whether they hold any information relating to this “consultation”  with other public bodies.

My final request was asking HIE to clarify whether whether Schedule 4 to the current lease, which was about the requirement to deliver a new day lodge as part of the lease, has been revoked:

 

HIE Response

At the HIE Board meeting on 11 April 2017, the Board agreed that the legal documents will be amended to accommodate the new projects.

Comment

This is the only informative part of HIE’s response.  What it means is that the HIE Board have agreed to drop the legally binding requirement in the original lease with Natural Retreats to develop a new Day Lodge.  Its significance is that this was an opportunity for HIE to terminate their lease with Natural Retreats.  They have chosen not to do so.

The failures and lack of accountability of HIE

 

It is not unreasonable to ask how a public authority, funded by public monies, believes it is acceptable to put out a press release stating a masterplan has been agreed at Cairngorm but then keep that masterplan secret?

 

The proposal for a masterplan at Cairngorm formed part of the Glenmore Strategy agreed by the Cairngorms National Park Authority last year.

While I cannot find any reference to a masterplan in the CNPA Local Development Plan agreed in 2015, the footnote to the table above indicates that the masterplan is a spatial plan and therefore, its fair to assume, a masterplan in the formal planning sense.  Even if not, in terms of good practice, one might have hoped HIE would have taken some heed on the Scottish Government Planning Advice Note on developing masterplans (see here).

That guidance I believe is very relevant for Cairngorm.   It requires site appraisal – for Cairngorm that would mean a look at the ski area as a whole – and consultation with local communities:
“When creating successful places, people must be at the heart of the process. The local community’s understanding of the needs of an area are invaluable in establishing priorities and arriving at a vision for a place. Once the local community and key stakeholders (the community in its widest sense) have been identified, early discussions can provide a wealth of information about the area’s history and how it functions. An engagement plan could be devised to identify mechanisms for involving the community. These will establish opinions and confirm local people’s aspirations for the place. Various types of interests may have to be engaged in different ways.”
 
While because of the special nature of Cairngorm, I would argue that consultation should be far wider, and involve for example recreational (e.g skiers and mountaineers) and conservation interests, the important point is there has NO consultation at all.   HIE has apparently agreed what it wants to happen at Cairngorm with Natural Retreats and how to fund this through public money without any consideration of other views.    A top down solution that again is likely to end in tears.

Natural Retreats is not fit to manage any development at Cairngorm

While HIE and Natural Retreats have kept all information about the proposed dry ski slope secret at present (e.g its location) one detail emerged on the Cairngorm Mountain facebook page on 13th April where they said it would be constructed out of snowflex .  This raises some intriguing questions because the nature of the product http://www.snowflex.com/ which is “solid” rather than other types of artificial slope:
  • with no spaces for vegetation to grow through, it is likely to have a greater impact than other potential products on the vegetation and soils at Cairngorm;
  • without holes in the matting, there is higher friction and this means snowflex requires a water misting system which cannot operate in low temperatures because it freezes up;
  • because of the high friction, snow flex also needs to be installed on steeper slopes (unlikely to be of use at the Shieling rope tow which was installed for beginners).   While the manufacturer states it can be used when frosted, in such condition it can only be used by better skiers and boarders.  Not much use then for beginners in winter then;
  • if my understanding is correct and you cannot use piste bashers on snow flex, then if partly snow covered, snow flex could not be used at all (it would be like skiing over grass patches but worse).

 

There is nothing wrong with snowflex as a product, the trouble is its not designed for use in a mountain environment year round.  Its advantage over other products comes in artificial snowparks (artificial half pipes etc).  One wonders therefore if a summer snowpark is the secret plan for Cairngorm?.

 

If there is any case for an artificial ski slope at Cairngorm, it would be to provide a beginners area when there is insufficient snow and to link to the piste system.   This has been done in other parts of the world using different materials.

 

The revelation about the proposed use of snowflex just provides further evidence of Natural Retreats’ lack of competence to manage the Cairngorm ski area.

 

Cairngorm Estate Management Plan

 

Meantime, there is no sign of HIE’s  proposed estate management plan which might one have hoped excluded practices such as taking skips up the mountain to burn off fencing (first photo) and which needs to be considered along with any masterplan.

April 16, 2017 Ross MacBeath No comments exist
Extract from secret Board Meeting about implementation camping byelaws. The claimed antisocial behaviour has been grossly overstated as has its popularity as a camping destination – too inaccessible for most.

By Ross MacBeath

What differentiates a campsite from wild camping?   Most people would say at the very least the existence of  services such as the provision of drinking water and toilets.  The evidence from my visits to  Loch Chon the Loch Lomond and Trossachs National Park Authority cannot even provide a reliable water supply for the £7 a night charge  (see here for post and here for a set of photographs of wider issues with the campsite).

 

The reasons why the water supply at Loch Chon is defective

 

One of the first principle of designing a private water supply it to ensure the availability of water from the source stream by carrying out a year long study of peak water flow. What follows below shows that  these investigations were either not carried out or ignored but its worth considering first why the LLTNPA has behaved in this manner..

 

Gordon Watson at a Public Meeting with Strathard Community Council on the 4th July 2016 stated that the Loch Chon campsite was chosen for it’s suitability and merits as a campsite rather than its availability.  The slide above, which was obtained subsequently through FOI, shows that this is not true and that Loch Chon was the ONLY option  that would allow the LLTNPA to deliver the  number of pitches they had promised to Scottish Ministers by 1st March to enact their byelaws.

 

What this shows is that the LLTNPA intended to build a campsite at Loch Chon no matter what.  For how the LLTNPA dealt with its planning permission to itself (see here). This is reprehensible behavior on all counts and LLTNPA are quite clearly paying the price with a defective water supply. But ultimately it’s visitors and communities who will pay the real price for this unwarranted development going forward.

 

Peak water flow and the LLTNPA Loch Chon water supply

 

An unsightly installation with loops in blue water pipe makes a poor impression.  When taken together with the positioning of the intake manifold, which is partially out of the water, unsecured and likely to be dislodged the first time the stream is in spate, it provides a rather damming but realistic indication of what was initially installed.

 

Just while we’re looking at this image, you can see that the concrete floor of the culvert under the bridge is smooth and curved.  This is done intentionally to stop materials collecting on the surface.  When the stream is in spate, large boulders are transported in the torrent of water and the smooth culvert base ensures they can roll right through preventing them from  causing an obstruction under the bridge. We will see why this is important later in the article.

 

Another important factor in providing a water supply is water pressure

 

One measure of the effectiveness of the water supply is determined by the water flow from the taps, which is of course dependent on the water pressure.  Water pressure in turn determined by the difference in elevation between the tap and the intake manifold.  The greater the height between the two the greater the pressure.

 

At this development the Park Authority have chosen to place the intake manifold almost 2  metres underground just by the road bridge over the stream  though it is still above the level of the taps which are further down the slope.  Not sufficiently high though to provide a sufficient head of water which is responsible for many of the issues with the water supply.   It would seem clear then that the intake manifold is in the wrong pace. It’s a basic design flaw and still goes uncorrected even though the LLTNPA is aware of the fact.

An essential requirement is that the intake manifold is always underwater

 

You would think that making sure the intake manifold is always under water would be a given. Yet here we are at Loch Chon on the 12th  March 2017 with the manifold almost completely uncovered  drawing air into the system.

 

Water intake pipe is aove the water level of the river drawing air instead of water.
Image 12th March 2017 lying on surface at water level

 

The problem is clear that the stream does not have sufficient water flow in dry periods.  This was evident during a dry spell starting before March 1st and through 12th March when the water supply failed intermittently when the intake pipe was not fully submerged causing air to be drawn into the system. In this location there is sufficient depth of water the intake is just not positioned properly.

 

 

Of course once the air lock is in the system it won’t self clear easily as water won’t flow up hill.  So many basic principles have just been overlooked cumulatively resulting in poor system design. This is a contributory factor together with the failure of staff, the clerk of works and the contractor to understand the basic requirements for implementing such a water supply.

 

One must ask who is managing this project, clearly the people involved with the development at Loch Chon have little or no understanding of stream feeds to private water supplies or their design. This lack of capability is worrying in an organisation which claims to wish to provide more campsites.   The LLTNPA is evidently not up to the task.

 

One week later the water was partially on, there was drinking water but no toilets

 

One week later on the 19th March 2017 the intake pipe was submerged once more, after some rainfall, however the water to the toilets and wash hand basins was still off.  You can see here the pipe had been removed from the clips removing the ridiculous upward loops in the water feed pipe.

 

Recent rainfall has caused the stream level to rise and cover manifold The Intake Manifold under the surface of the stream after rainfall

The water supply was still causing issues, drinking water was  available but toilet flushing was not.

Two weeks later there is still no effective water supply

 

On the 2nd of April the water supply was again only partially functioning the intake manifold was submerged  and there was water.   This time while one toilet was working the drinking water wasn’t.  3 of the 4 toilets remained locked.  The disabled toilet wass open and functioning with wash hand basins.

 

Another week on engineers were working on the system and some water was flowing

 

10th April 2017 – Water was now available from the outside taps though pressure was so low the auto shut off taps fail to operate correctly.  Well at least there was drinking water on site.  Although container filling took a while, it was better than nothing.

 

Again only one toilet was unlocked but I am pleased to report  it was flushing and the wash hand basin was operational. The other three toilets remain locked and strangely it was not the disabled toilet that was open.

 

It had taken the LLTNPA well over a month since the date the campsite was officially open to get even a basic water supply in place.  This was my first visit where toilets and drinking water have been available together but it is clear the LLTNPA are not out of the woods yet with low flow rates and intermittent supply. The test will be when all 4 toilets are in operation and water still comes out of the taps.

 

The engineers were working on the system when I arrived and allowed an opportunity to see whats inside the container next to the toilet block. It does look like there is a leak in the container roof.

 

The confusion over the hot and cold taps had also been sorted and there were now neutered tap tops both supplying cold water.

 

The  LLTNPA have been busy correcting some of the issues above and creating others

 

My visit on the 10th of April 2017 showed some changes.  The main visible differences one week on were  up by the intake manifold.  They had cut the pipe back and fitted a black sheath which is far less  intrusive.  The had also removed the old stainless steel manifold and fitted a cage to cover the end of the pipe.  However the pipe end is open and directly facing into the water flow with nothing to prevent  pebbles and smaller items being transported down the stream from finding their way into the system, so anything smaller than the mesh can also enter the intake pipe.  I think this may pose a problem for the future, potentially causing blockages in the intake pipe and significant costs and disruption to clear it. Some form of strainer or baffle is surely required.

 

Cage fitted over intake pipe, small stones of dam will be washed away with first rains In dryer weather the water level fails to cover the intake pipe

Click on images for zoomed view

 

The second and most important is the placement of the intake port on to the surface of the culvert, these images are very telling considering the recent weather has been wet followed by a short dry spell, the level here has dropped 20 cm since last checked.3 weeks ago.

 

This indicates the Peak flow of the stream may be very small in dry weather.

The problem is clear, the peak flow of the stream on dry days is so small that the water level in the culvert is no more than a centimetre or so and doesn’t even cover the intake pipe.  To solve this a small dam, and I mean small, has been created with stones and gravel where the depth of water behind this is sufficient to cover the intake pipe.

 

Culverts are designed to prevent debris collecting

As we discussed already, the smooth curved floor of the culvert is designed to prevent debris collecting in this location.  The Debris (dam) (photo above) will be removed by fast water flow.

Even with the current level of water flow the smaller stones and gravel around the intake pipe will be washed away eventually breaking the dam causing the water level to drop below the intake pipe and the water supply to fail.

 

In Spate the stream will remove all debris

With any heavy rain storm the stream will be in spate, the force of water will clear all of the rocks forming the dam in the culvert.  When in spate the stream can also carry branches and fallen trees down through the culvert but now with the fixed obstruction of the mesh cage there is a possibility that these will damage the cage or more likely get jammed on it causing a build up of debris in the culvert. This is not good practice and I would think it should be avoided.

 

The arrangement of the pipe has changed, now entering the river bank at a much lower level, the pipe is not secured on it’s traverse across the culvert and the gap underneath will most likely collect sticks and other vegetation then a build up of debris will possibly  occur.

 

Two months on and no further forward.

 

Around 2 months since the water problems became public and it would seem we are right back where we started with an intermittent supply determined by rainfall.   The National Park Authority really have to get their act together on this and stop penny pinching.  There is a problem with the water supply and it’s clear what it is.  In dry spells there is no water.  Get it sorted!  The solution is simple providing the stream does not dry up altogether, and only time will tell if that’s going to happen.

 

One thing remains clear, the LLTNPAs current solution is unlikely to work effectively even in the short term.

The real problem here is systemic failures within the LLTNPA

 

The LLTNPA Board should have been well aware of these problems as some apparently visited the campsite but have denied their existence in almost every public forum, even at their own board meetings.  I’m aware of one occasion where their spokesperson stated “As with any new site, there have been some snagging issues such as the running water which was unavailable for a few days due to a temporary problem with the new connection”  at least finally giving a nod to a problem everyone knows exists.     41 days of no water, limited water or intermittent water supply is hardly reflected by their “temporary problem”.   I believe it’s clear from the series of images here that the  problem has existed from the beginning and the vagaries of Scottish weather has determined if water was available or not. The solutions created  just promise more of the same – an ineffectual, intermittent water supply.

 

See here for video on the 19th March and here for the 2nd April

 

In the strange world of infallibility the LLTNPA inhabit even when they’rere wrong, they say they’re right and put out statement claiming all is well, whether it’s true or not.  This was certainly what happened at their board meeting on the 13th of March when numerous board members patted each other on the back for a job well done at Loch Chon and for getting the site finished on tiime.   This was witnessed by seven members of the public but should have been recorded for all to see.   Quite a surreal experience to see a National Park Authority  behave in this way.

March 27, 2017 Ross MacBeath 1 comment
By Ross MacBeath
View from 1 of 3 existing pitches in Zone B. This overlooks roundabout at entrance to forest drive Zones B and C.
Entrance to Forest Drive Zones B and C

Forest Drive

In order to stop people from camping by the loch shores and to meet their commitment to Scottish Ministers to deliver 300 “new” camping pitches, the LLTNPA had to find somewhere else for people to camp – so they leaned on Forestry Commission Scotland to use their land and have “created” no less than 76 permit places (just four of which are for campervans) along Forest Drive north of Aberfoyle.   In the past, the camping here has been mainly by Loch Drunkie, which has a few places close to the loch side which are good for camping, and the south shore of Loch Achray.   I went to have a look at the “new” areas and this post focuses on “Zone C”  so readers can understand the implications of what the LLTNPA is doing to campers.

Forest Drive Camping Zone C

The National Parks new maps of Zone ‘C’ indicate large expanses of open ground in a woodland locations with what looks like ample opportunity to choose a camping place by the waters edge or in among the trees.

 

Arriving just after 4 PM I  found locked gates, a now common occurrence in part of a park wide policy of denying access to visitors outside office hours.  Worse, it seems the code for exit is only granted if payment has been made through their permit booking system, effectively making access to our National Park on a pay as you go basis. Information on the Three Lochs Forest Drive page  states that “The drive is open to vehicles from Easter to October, daily from 9am”  The byelaws however started on of 1st March so this means there is a denial of access to 72 camping and 4 motorhome places until the 16th of April this year. Surely not!   Or maybe the LLTNPA just  need more time to get some camping provision in place at Forest Drive.

 

Access to Forest Drive and other gated facilities is in disarray

 

The Three Lochs Forest Drive page tells us access will be available until 4 pm and the exit gate locked at 5 pm after which a code is required to exit.  Other locations have different opening and closing times and the T&Cs for Loch Chon contradicts itself.  Confusion reigns and the National Park and Forestry Commission need to get their act together because at the moment it is the visiting public that is suffering through wasted journeys and uncertainties.  It is unacceptable to lock out visitors after encouraging them them  to drive for an hour and a half gain access to forest drive only to be turned away by a locked gate. Quite clearly visitors are being excluded from this area of the National Park at a time when access is most desirable, in the evening after work or as in this case, Sunday afternoon.

 

Camping Zone C

A Camping Zone without camping pitches

Camping Zone C is a short distance along a wider than expected compacted hard core road, not what the the term “Forest Drive” conjures up, more of a  superhighway.  The vista beyond the boundary sign, though beautiful, was clearly not the camping ground expected. The description on the LLTNPA  booking site warns of some “uneven terrain in places” but nothing like this.  In point of fact the entire zone is uneven in the extreme, except for a path that’s not indicated on their map. It’s is not an area one would choose to enter or cross if it could be avoided never mind to search out and use a camping pitch. A clear case of false advertising and  LLTNPA will find themselves challenged legally about this and many similar misrepresentations that comprise their  so called “camping provision”.

 

North West corner of permit zone 'C' with first perimeter post back right.
First view of Camping Zone C – a shocking place to camp

This entire zone is unsuitable for recreational camping

 

Not seeing anything that resembles a camping place from the road, I walked around the perimeter marked out by a line of yellow topped wooden posts.  This gives a view from the perimeter in to the Camping Zone and I hoped I would be able to identify potential camping places along the way. You can view progress by clicking on the grid below and scroll/ click through the gallery to view each image in turn.

.

Zone C view from North perimeter towards loch View from First perimeter marker pole towards South East View west to secon perimeter post View to centre of Zone C sowing nature of wooded area. Looing back to post 2 showing density of wooded are on north perimeter View west to the west end of loch South westerly boundary post, view alomg loch side toward east Loch shore line prone to flooding. Continuation of shore line towards the east showing slope and rough gound. Shoreline further towards east, very rough and slope down to lochside First sight of Pitch 1 from perimeter walk round Boggy area to the west of Pitch 1 Boggy area to the west of pitch 1, showing water depth.

No natural pitches and the two created are not suitable as they stand

 

In the absence of any natural pitches big enough to take a tent, the National Park Authority have been forced into a botched attempt to create them to meet their requirements to deliver at least two pitches in permit zone C. Form a visitor perspective, you would expect to have a choice of at least 6 to 10 prime locations in a zone of this size

The two pitches are concentrated is a small area beside the path and it's true extents are shown in green.
Camping Zone C showing location of two pitches in green

The National Park Authorities Camping Permit Conditions state:

  • “Avoid pitching your tent on ground that is already trampled or has dying vegetation cover. Pitch on durable surfaces, such as gravel, and grasses.
  • Choose a safe place to pitch your tent.  Your choice of where to pitch your tent is at your own risk.”

Zone C – camping pitch 1

 

Pitch 1 is a semi natural pitch on at a loch side location. The pitch is bounded by the loch to the south, a bog to the west and a slope to all other aspects.  The area is constrained and was too small for a tent.

A small loch side area on a gentle slope, has been enlarged by cutting back heather to accomodate small tent with hazards.

Ground work in the form of cutting away a heather patch has been required to increase the area to allow pitching a small tent.  The works have been botched insofar as they have not removed the heather roots so regrowth will occur this season but more importantly, in cutting back the heather, the Park Authority have left sharp heather stalks which will hole any tent floor pitched upon it, not to mention the possibility of stabbing injuries to humans. The site slopes to the loch and is waterlogged.

Sharp spikes left after heather cut back to enlarge pitch - puncture hazard Heather spikes causing hazard

The water level is 2 inches below the camping surface making it wet and the shore line is soft and in danger of collapsing under human loads at the edge.  The loch is deep at this location and this poses a threat especially to children. The lack of level space to manoeuvre around any camping pitch is a issue.  This pitch is just not suitable for recreational camping except perhaps for the smallest of tents in dry weather and if  ground cover issues were resolved.  However this camping pitch breaches advice in the Camping Permit Conditions insofar as it does not constitute a safe area to camp.

Zone C – Camping pitch 2

 

It’s hard to understand who would believe the mere strimming of an area in this location would result in a serviceable camping pitch.  The Park Authority have chosen an area beside the existing path down towards the loch shore view point just off the main track.

Branch off path to pitch 2

They have cut a the heather back to form line through the dense vegetation which its easy to walk past.  It is not a path with a hard surface nor is it a typical worn path only a gap in the vegetation, it’s highlighted above with flash.

Pitch 2 - Heather cut back leaving 4 - 6 inch spikes in the middle of pitch

On reaching the end in this short ‘path’ there is a second area that has been trimmed back to reduce the height of vegetation in the mass of moss, heather and thick grasses that blanket the zone. It remains 6 – 8 inches thick and is not a suitable surface for pitching a tent and securing tent pegs to the ground is problematic. As before, the cut heather stalks have been left 4 to 6 inches long which would cause injury to any person and tent using this site.  The site is small and there is nowhere to erect a seat , use a stove  or lie down to relax.

Heather spikes pitch 2 Thick vegetation covering on pitch 2 - unsuitable for pitching tent or recreational camping

Cooking, even with a stove would pose a real fire risk and without firm ground as as stated in their own Camping Permit Conditions, recreational camping cannot take place.

Tick and Midge Haven

The nature of the vegetation cover interspaced with standing water makes this Zone an ideal breading ground for midges and ticks, the dense vegetation provides an insulated layer at root level that allows insect eggs, larvae, pupae, nymphs, or adults to overwinter in all but the severest conditions thus guaranteeing large insect populations in the summer months.  Not a place you would want to spend time.

Spectacularly failed, even when doing nothing.

 

Loch Lomond and the Trossachs National Park Authority and their board are responsible for misleading the public and other agencies on a massive scale.  It is clear they have failed to provide equivalent camping pitches for those camping out of cars.  The very campers they have banned from all their management zones. Its hard to imagine camping of any type being viable anywhere in Zone C.

 

Besides double counting existing pitches as new provision (Loch Lubnaig and Sallochy to meet their target of 300 new places) the LLTNPA are trying to muddy the waters by renaming out of car camping style as a wild camping experience both at Loch Chon and elsewhere.  They are doing this so they can justify the poor provision at Loch Chon, their failure to provide new facilities and for doing absolutely nothing to ensure there are viable places to camp in the locations they have decided to allow camping by permit.    We can see this from the images for zone C and the many other camping zones that are devoid of any places which it is feasible let alone good to camp.

 

It’s time for the Scottish Government to scrap these byelaws, the LLTNPA have spectacularly failed to meet their commitments and are not competent to manage camping.

March 1, 2017 Nick Kempe 6 comments
Slide presented to secret Board Briefing sessions showing levels of “informal” camping in the National Park. The Park never included this information, based on data from Park patrol records, during the Your Park consultation as it undermined their claims that byelaws were needed because of the sheer volume of campers.

Today probably marks the most retrograde in the history of access to land in Scotland since the Trespass Scotland Act of 1865 as the camping byelaws come into force.  When even Radio 3, not renowned for covering the great outdoors, announces on its 7.30 news headlines that campers in one of Britain’s prime beauty spots will be guilty of a criminal offence with a fine up to £500, the wider public may start to realise what is happening:  that the right to peaceably enjoy the countryside is being removed by a National Park whose statutory purpose is to promote the right to enjoy the countryside.

 

As I am writing this there is a  debate on Radio Scotland about the new £200 penalties for using a mobile phone while driving a car – using a mobile can kill people but is a civil offence.  Camping according to the Scottish Outdoor Access Code and harming no-one in the best places to camp in the National Park is now a criminal offence with a fine of up to £500.      How is that right or just?

 

The URL for the Loch Lomond and Trossachs National Park media release announcing the implementation of the byelaws (see here) says it all.   The Park welcomes campers………….by banning them!   The rest of the release is the usual parkspeak…………………………

 

Parkspeak

“Between March and September, people keen to camp or stay overnight in a motorhome or campervan at one of the many popular and picturesque lochshore locations throughout the Park, can do so by buying a camping permit or booking a pitch at a campsite.” 

Comment.  Not true.   A large proportion of the lochshores have no provision for camping at all and there are only 20 permits for campervans for all four management zones.

 

 

Parkspeak

““The camping management zones are focused around the national park’s busiest lochshore locations which attract very high numbers of campers year on year.”

Comment.  Lie.  The management zones includes lochs where there was very little camping, like Loch Arklet, and other areas, where again there is very little camping, as is clearly shown by the Park’s own data (above) presented to the LLTNPA Board in 2013 but then suppressed.

 

 

Parkspeak

“This volume, combined with the antisocial behaviour of a minority of campers over a number of years, has a significantly damaging effect on the environment and a negative impact on other visitors and local communities.”

Comment.  The Park’s evidence of significant damage to the environment consists of photographs such as the one below presented to yet another whole day secret Board meeting on 19/09/16:

Obtained through FOI

I am against litter, but to claim this is significant damage to the environment is, forgive the pun, rubbish.  There is a small patch of burnt grass and litter which could be cleared up in 10 minutes – that’s it.  Because of “damage” like this which is caused by about 1% of campers  the Park wants to remove camping rights from everyone else and turn them into criminals.   The police officer I met the other week by Loch Venachar House, home of Linda McKay, the Park Convener who retired yesterday – and note in the insert in the top slide the little red symbol at the east end of Loch Venachar denoting high levels of camping just next door where she was building her new house (see here) – who had often camped there, put it to me that the few are spoiling it for the many.  When I asked him though, “what about the rights of the many”?, his comment was “right enough”.    

 

In fact the LLTNPA has never taken any objective view of damage at all as these  recent photos from north side of Loch Venachar show:

19/01/17 Milton of Callendar farm

Which is worse, the rubbish left by campers or that permanently dumped around Milton of Callendar farm just north of Loch Venachar?

Another view of the rubbish looking south to Loch Venachar, so how can the LLTNPA claim that a little burned patch of grass constitutes damage compared to all the ground damage done here?

How many trees have been cut down here along the road compared to those chopped by a very small minority of campers? I suspect on this small stretch of road more trees have been chopped by the roads department than are chopped by all rogue campers in the Park in a year.

 

 

All these photos are taken in the North Trossachs Management zone (see below) – so you can’t camp, not that you’d want to, in the field next door to all the rubbish dumped around the farm because of the risk that you might do damage to this fragile environment.  What  is the LLTNPA doing about the real damage that is taking place in the National Park?

 

 

The risk of this failure to look at damage objectively, and the failure of civil servants to scrutinise the LLTNPA’s arguments,  is that the same arguments will be used to justify camping bans or other restrictions on access rights right across across Scotland.

 

Parkspeak

Gordon Watson, Chief Executive of Loch Lomond & The Trossachs National Park, said: “Camping is one of the best ways to get out and enjoy the stunning surroundings we have in the National Park and there is every kind of camping experience on offer here.

“The new byelaws do not change that. Whether you’re an experienced camper, coming on your own or with your friends and family, there is still a wide choice of places to camp in the National Park. To support this we have opened a new campsite in the Trossachs at Loch Chon and are promoting some excellent locations to ‘wild camp’ with a permit.

Comment.  This is laughable.  How does introducing bye laws that will criminalise people for camping responsibly not change people’s ability to enjoy the Park?   The facts are up to 850 tents have been recorded on popular weekends and the Park is now intending to reduce this to around 300 places:  of these 300 places a number are in campsites and yet more around Forest Drive, one of the least popular places for camping in the Park.  Freedom of access has been replaced by Big Brother telling people where they can camp.

 

Parkspeak

“Most laybys are regulated by roads authorities and are not affected by the new camping management byelaws. A small number of laybys within the Camping Management Zones are regulated by the National Park camping management byelaws.  These will be clearly marked with signage about the byelaws. Anyone can stop and rest in these laybys during the day but you cannot sleep overnight in your vehicle. Where there are places for motorhomes to stay overnight, there will be specific signs making this clear. Permits for staying overnight in these spaces should be booked online in advance at here.”

Comment.  Park staff and civil servants changed the wording of the byelaws to remove the reference to laybys from the definition of what counts as a road and to include private roads (see here).   This is important because its NOT an offence to sleep overnight in a vehicle if you are on a road within a camping management zone and since the legal definition of a road includes the verge it means campervans can stop off alongside roads throughout the camping management zones and, on quiet roads without parking restrictions, on the road itself.    While it is positive the LLTNPA has confirmed people will be able to stop overnight in roads authority laybys, the statement that people cannot stop in a small number of other laybys and these will be signposted raises a number of serious issues:

  • First, what is the legal basis of the Park’s belief that certain laybys do not count as part of the roads network?   What in law is the distinction between an informal and formal layby, and how can the Park justify treating them differently in terms of the current wording of the byelaws?    It is very hard to envisage any informal layby that would not be counted as being part of the road verge and therefore exempt from the byelaw provisions which allow people to sleep overnight in a vehicle on a road.
  • Second, since laybys were originally included in the definition of road but are now excluded, even if one accepted the Park was right in their interpretation and laybys are not included in the normal legal definition of a road, what this would mean is that unelected officials have in effect  changed the meaning of the byelaws or made a “material change”.  This is unlawful.  Its the LLTNPA Board and the Minister who have the right to take such decisions, not officials.   The Minister approved the byelaws subject to minor changes in drafting by officials or “points of detail”, not fundamental changes in their scope (see here).
  • Third, the LLTNPA Board, when it approved a signage plan at its December Board meeting, did not agree to any  signage being placed at stopping off places – something I criticised because people would not know where it was legal to stop.  There has been no Board meeting since.  Either another decision has been taken by the Board in secret or officials have again usurped the rights of the Board to take such decisions.

 

On account of this, if the Park tries to put up any signs along roadsides that suggest it is illegal to stop off and spend the night in a vehicle, I think they will be open to legal challenge.

 

Parkspeak

“Given the dramatic transformation seen on east Loch Lomond since bylaws were introduced there in 2011, we are confident we will see improvements with more responsible behaviour and less damage to the environment.”

 

Comment   The changes on east Loch Lomond have followed a package of measures including focussed policing.   The LLTNPA is intending to apply just one of those measures, a camping ban, to the rest of the National Park.  The situations are however totally different.   For example, the road to Rowardennan is a dead-end and is a clearway where it is very hard to stop off in contrast to major through roads like the A82 which have 100s of stopping off points.   The LLTNPA has totally failed to consider the implications of this, leaving aside the fact that Fiona Logan, the then Chief Executive, said back in 2011 that if the situation on east Loch Lomond improved they would remove the byelaws there   The fact the byelaws have not been removed on east Loch Lomond – and there is no evidence they continue to be needed – tells you this is all about NIMBYISM.

 

 

Parkspeak

“Our rangers will continue welcoming people and educating them on all the aspects of the park. This will include providing information to make sure all visitors can camp responsibly.

“Our experience on east Loch Lomond is that most people want to do the right thing to help look after such a special place. This is not about looking to catch people out who might be camping in the wrong place, as taking formal action would always be a last resort, but helping them understand where and how they can camp responsibly.

Comment    If most people are responsible, as the Park suggests, there is no need for camping byelaws.  Banning people does nothing to help understanding and the bit about “helping them understand where and how they can camp responsibly” is patronising drivel.  If the Park can explain why responsible camping is not possible on the north shore of Loch Arklet, where all camping is banned, and can provide an explanation of just what it is about permit areas that means camping can be done there, and only there, responsibly perhaps they could explain this to the public?   Had they been called to the Scottish Parliament to justify their proposals I am confident they would have collapsed.

 

What next?

The campaign against these unjust laws has, I believe, only just started and unless the National Park changes direction, its likely to sink along with these byelaws.  The first thing that Scottish Ministers need to do is ensure that no-one is prosecuted under the byelaws if they have been behaving according to the Scottish Outdoor Access Code.

February 27, 2017 Nick Kempe No comments exist
Slide 17th August 2016. The Park is far more interested in branding than getting signs to be information. How would you know from these signs that the byelaws apply to campervans and motorhomes or shelters?

Ten days ago I received a response to another Freedom of Information request,  EIR 2016-068 Appendix A list meetings of the secret Loch Lomond and Trossachs National Park Authority Board business sessions that took place in 2016.    There were six of them, a slight reduction from the ten  held in 2015 (at the height of the Board plotting on the byelaws) and back to the average since 2010.  That’s still six secret meetings compared to four public meetings, worse than Police Scotland which is rightly being criticised for wanting to hold 50% of its meetings in private (see bottom of last past).    I have also obtained, thanks to the Information Commissioner’s ruling that the Park required to make public if asked written materials from such sessions,  written materials circulated at these meetings.  The LLTNPA has not put these on the FOI section of its website – indeed so far it has put up none of its FOI responses sent out in 2017 – so if you are interested in seeing/scrutinising any of them please contact parkswatch which will cover some of them in due course.

 

This post covers the secret Board Meeting held on 17th August 2016 which was devoted wholly to  camping YP Informal Briefing – 17th August 2016 – FINAL Staff.  While the agenda described it as an informal briefing, that is quite obviously false as you can see from this slide:

 

Recommendations are not made to informal briefing sessions, only to decision making meetings.  The whole way the LLTNPA Board has operated in developing the byelaws is corrupt.

 

The content of the slide is of great significance.   It shows there still appear a few decent staff in the Park, who are prepared to hang on to their principles, because they recommended to the Board there should be NO charge for camping permits. (You can see the logic in the argument in the full presentation 20160817 – Your Park Camping Management Models Final).     Indeed, staff estimated only c£6k would be raised through sale of permits, so it was hardly worth doing and in fact they thought the costs of collecting the money might be more than that.   However, staff appear to have been overruled by the Board  because in the paper to the Board in 2016 (see here) in the section on “Permits: Charging considerations” (paras 5.8ff) there was no reference to the principle of charging for access, the  proposal to accept donations had disappeared completely and instead there was only one option, to charge £3.    This makes it pretty clear that its the Board that is behind charging for access and is yet another example of the Board acting ultra vires because it is supposed to take decisions in public.   Reason enough for the Scottish Government to intervene now and insist all charges for permits are dropped.

 

Another example of secret decision making is that in the August slides the original proposal for campsite fees was £7.50 (up from £5 due to the extravagant costs of creating the Loch Chon campsite) but the option put to the Board in December and then approved was £7.  Perhaps the reduction in charge was because in October 2016 this is what the LLTNPA told the Scottish Government in response to a question about charges:

 

 

 

 

No indication there that the Park had been discussing a 40-45% increase in charges: the Scottish Government civil servants don’t appear to have appreciated yet that they really cannot trust anything that the Park tells them.

 

The development of the Your Park signage

 

While there was very little debate on charging at the December Board Meeting, there was debate on the signage examples accompanying the Board paper  some of which was quite encouraging (see here). What I and other members of the public did not appreciate at the time was that the Board had already discussed all of this in August.   No wonder staff looked put out when Board Members belatedly realised and suddenly started to insist, quite rightly, that there should be signs telling people when they were leaving the camping management zones.

 

A comparison of the August proposals with those put to the Board in December  (see here) is revealing:

The signage examples presented to the Board at their secret meeting in August 2016.  The permit area sign and colouring was in paper approved at the public Board Meeting in December 2016.

The “NO CAMPING HERE” signs, proposed at the secret Board Meeting in August were completely absent from the December Board paper and it appears the Board decided there shouldn’t be such signs at the August meeting.   I says “appears” because it is possible the Park decided NOT to present the “NO CAMPING HERE” in December because this would appear anti-access:  because there were no camping management signs of any description when I visited the Trossachs a week ago (they were supposed to be put up from the beginning of February), I was unable to check.

 

If NO CAMPING HERE signs are now being erected, then it appears that has been done contrary to the approval given at the Board Meeting in December.  If, however, the LLTNPA has indeed  decided there should be no NO CAMPIMG HERE signs, that will make the byelaws even harder to enforce.   The problem is neatly illustrated by the slide below presented at the August secret Board meeting:

 

The A82 is a major through route with tens of thousands of people driving along it each year.  So, drivers glimpse a sign as they roar past at 60mph saying “Camping Management Zone”  and even possibly “Camping in the Park”.   What would your reaction be?  Great, let’s find somewhere, stop and pitch our tents…………….so unless there is a NO CAMPING HERE sign in every single stopping off point, as was proposed back in August,  what’s going to happen is people are going to pitch tents and completely unknowingly committed a criminal offence.   The NO CAMPING HERE signs put to the August meeting were crucial for enforcement purposes.

 

However, what do the NO CAMPING HERE signs tell the public apart from tents are not allowed?  What about campervans, motorhomes or sleeping in the back of the car?    And, then consider the wording of the byelaws:

 

Unauthorised Camping
(6) It shall be an offence for a person to:
(a) set up, use or occupy a tent, wigwam or bivouac at any time; or
(b) set up, use or occupy overnight any other form of shelter (other than an umbrella)
within a Management Zone unless they have been authorised to do so by the Authority
under byelaw 11.

 

Does the NO CAMPING HERE sign give you the message that pulling off in a campervan or putting up any other form of shelter apart from an umbrella is a criminal offence?   How on earth will the fishermen or anyone else know from the signage that hanging a tarp between trees or putting up one of those fishing shelters are criminal offences, with fines of up to £500, which could result in them losing their jobs or being prevented from travelling abroad?  They won’t.

 

The LLTNPA’s signage, whether or not it includes the “NO CAMPING HERE” sign is completely inadequate.   The Park is pretending to be in favour of camping and encouraging it (“camping management zones”, “camping in the park”) while at the same time trying to ban it.  Its then tried to reduce the criminal law to a branding exercise where people are supposed to be able to tell from signs and symbols what they can and can’t do.   This won’t work.

 

Even if the Park put the NO CAMPING HERE signs in every layby and added smallprint so people could see shelters were banned it would still not tell campervans where it is legal to stop off overnight.  The Park would need to put signs up indicating to campervaners all the private roads in the Park (where you can stay overnight in a vehicle) for the byelaws to be properly understood.  That is never going to happen and as a consequence the byelaws are unenforceable.

 

The consequences of this is the Park is going to have to deploy its Rangers, as they do at present on Loch Lomond, chasing away campers and campervaners from every place that is not properly signed.  This is a complete waste of resource.   The new Convener, James Stuart, when he starts on Wednesday, needs to signal a completely new direction for the Park otherwise its going to sink.

February 25, 2017 Nick Kempe No comments exist

Following my posts (see here) and (here) on the rights of and need for National Park Board Members to speak out, this excellent letter appeared in the Strathie this week.  (I know Peter very slightly, he preceded me on the Board of SNH, but I have not had contact with him for c 10 years).

 

What I think Peter has missed – and which I have only found out in the last week – is that the right to speak out is not just about the Code of Conduct but also the CNPA’s Standing Orders (the rules which set out how the Board operates).  They include this clause:

 

30. Board Members share corporate responsibility for decisions taken by the Board as a whole. Members must therefore either accept and publicly support the collective decision of the Board or resign. Members must respect the confidentiality of sensitive information held by the organisation, as well as the discussions and papers taken in private session.

 

In other words, once the Park Board has taken a decision, Board Members are gagged under the rules of the Park.     While Peter Argyle denies that he tried to get Cllr Lobban to resign, it appears if he had done so he would have only have been following the rules of the National Park.

 

I found this quite extraordinary so I checked the rules of three other environmental Non-Departmental Public Bodies.   Neither SNH or the Loch Lomond and Trossachs National Park contain similar clauses in their Standing Orders.  However, the Scottish Environment Protection Agency has a similar if less draconian gagging clause:

 
Collective Responsibility and Confidentiality
79.SEPA’s boards and committees operate on the basis of collective responsibility for decisions.
Members are therefore expected, if questioned on a matter where a board or committee has
taken a view, to support the position reached

 

The gagging clauses appear to be incompatible with the Code of Conduct for Board Members.  For example all four Boards have a clause in their Code of Conduct on Accountability and Stewardship which reads as follows:

 

You are accountable for your decisions and actions to the public. You have a duty to
consider issues on their merits, taking account of the views of others and must ensure that
SNH uses its resources prudently and in accordance with the law.

 

It appears that the CNPA is try to make Members accountable to itself rather than to the public.   This is wrong.

 

That this is not just a National Park or environmental NDPB issue is demonstrated by Paul Hutcheon’s investigation in Friday’s Herald on the resignation of Moi Ali from the Scottish Police Authority after the chair tried to silence her (see here).  The parallels with CNPA Board Convener Peter Argyle’s alleged attempt to silence Cllr Bill Lobban are striking and one can’t help thinking that Moi Ali should have followed Cllr Lobban’s lead and refused to resign.

 

The story also mirrors other things that have been happening in our National Parks.  The Scottish Police Authority’s attempt to delay publication of Board Papers until the day of the meeting mirrors the LLTNPA decision in 2015 to change their Standing Orders so that papers only needed to be published 3 days (instead of 7) before meetings.   If you don’t know what’s on the agenda of course, you don’t know if its worth attending.    The increasing propensity of the SPA to meet in private, which led to Moi Ali’s resignation, is nothing compared to the LLTNPA which developed the camping byelaws which are due to come into force next week over 12 secret Board Briefing sessions between September 2013 and April 2015.   Moi Ali’s observation that “If dissent is only allowed privately, then I think decision-making becomes enshrouded in a type of fog” seems a pretty good description of the byelaw making process.

 

What the experience of the LLTNPA also demonstrates is that you don’t need formal gagging orders enshrined in Standing Orders in order to silence Board Members.  The problems go far deeper than that and appear to be linked to a style of leadership which appears authoritarian rather than democratic.

 

What needs to happen

 

The inclusion of gagging orders in NDPB Standing Orders conflicts with the Code of Conduct for Ethical Standards in Public Life for Members of those Boards.  While members of the CNPA Board therefore need to review their standing orders, the Standards Commission which oversees and enforces the Code of Conduct for NDPB Board Members, should have a role here.   What the public, to whom Board Members are accountable, deserve to know is the extent to which Board rules and practices enable and facilitate individual members to abide by their Codes of Conduct.

 

The Scottish Government also needs to start taking an interest in how our National Parks operate and to introduce reforms which would increase transparency and public accountability.    That should include the abolition of gagging orders – what is a Board Member not even allowed to approach the Minister if s/he thinks a decision by the Board is fundamentally flawed.   I would also like these to include a requirement that Board Meetings should always be held in public (with any confidential business held in private at the end of the meeting), that all Board Meeting should be recorded as available as pod/broadcasts for at least a year after the meeting and that papers for meetings should appear at least one week before the meeting is held.

February 24, 2017 Nick Kempe 6 comments
Unlawful sign, Loch Lubnaig, last Sunday. Even if the camping byelaws come into force next week, such signs will still be unlawful because camping is not banned for the whole year even in camping management zones. The sign has been up for several years and National Park staff must have passed it frequently but none have taken action.  That tells you something about the LLTNPA’s attitude to access rights.

Alteration of the camping byelaws

The camping byelaws that now appear on the Loch Lomond and Trossachs National Park website (see here) differ signficantly from those approved by the Loch Lomond and Trossachs National Park Authority Board and then sent to the Minister (see here).    This came as a surprise to me because the then Minister, Aileen McLeod, in her letter to LLTNPA approving the byelaws (see here) only made one formal modification to the byelaws, reducing the length of time they apply by one month.   I have asked the Scottish Government civil servants if they made the changes but they have treated this as an FOI request which means they can delay responding for a few weeks.

 

I had not picked up on these changes when previously commenting on the wording of the byelaws (my apologies to readers for this), and the changes do have some implications of what I wrote on campervans (here) and (here) and lighting fires.    I have detailed all the changes in a line by line comparison of the byelaws approved by the Board with those that have now been published.

 

The most significant changes are:

 

  • Instead of saying “no person shall sleep overnight”,  the byelaws now say “it shall be an offence…...”   This makes it crystal clear that the purpose behind the byelaws is to criminalise people simply for camping (with a £500 fine and criminal record) although senior Park staff keep claiming in their usual parkspeak there is not a ban.
  •  Instead of stating that people sleeping overnight in vehicles are exempt from the byelaws if the vehicle is on a public road or car park operated by the roads authority  the exemption now applies to people sleeping overnight in vehicles on roads, as defined by the Roads Traffic Act 1984.    Under that Act the definition of a road includes both public and private roads.  This means that the exemption for campervans and caravans is far wider than I had previously stated although, to add to the confusion, the ability to stop overnight in carparks operated by the roads authority may have been reduced (FOI requests have established there are not that many carparks operated by the Roads Authorities in the National Park and in most of them overnight stays have been banned under the Road Traffic Acts).
  • The definition of “damage” which was used in the Your Park consultation and rejected on the advice of SNH has been re-introduced to the byelaws.   (SNH have not been consulted on this – I have checked – or any other changes since the byelaws were approved by the Board).

 

In my view, none of the process through which the camping byelaws have been developed is  legitimate (e.g the LLTNPA failed to consult their Local Access Forum, a statutory consultee, before they had decided what they wished to do, fiddled the results of the byelaw consultation process, took decision outside public Board Meetings etc).   The whole process would make an ideal case study of how the process of good government can be corrupted.  However, that civil servants and LLTNPA staff appear to have taken it upon themselves to “improve” the byelaws (if the Minister made these changes she surely would have stated this in her letter) hits a new low and is an absolute indictment of the way officials, who are meant to serve the public, operate.

 

Whether this could be successfully challenged legally I don’t know, but it raises serious issues about how byelaws are created.   Byelaws are serious, they can criminalise people, but unlike other criminal laws they are not scrutinised by the Scottish Parliament and then decided democratically by majority vote.  Instead, it appears civil servants have the power to  alter the wording, and thus the extent and effect of what becomes criminal, on a whim.   They have not even consulted SNH the Government’s statutory adviser on access rights.    This is totally wrong.

 

The meaning and likely impact of the changes in wording

 

The changes to the camping byelaws have not made them any clearer, will have unintended consequences and raise further issues about enforcement.

 

Campervans and vehicles

 

The change of the scope of the exemption to allow people to sleep  overnight in vehicles to include private roads, opens up far more and better areas for campervans and caravans to spend the night.   I had previously commented that campervans might be forced into villages, as these were the one place you could be certain you were on the public roads network.  That now appears less likely as generally private roads offer more attractive places to spend the night than public roads.   To give one example, who would not rather pull onto the private road leading to the Ben Ledi carpark (in the Trossachs North camping zone), where cars already park in the day, rather than spend the night on the verge of the busy A84 through Strathyre?

 

There are dozens of private roads in the National Park, so this change probably drives a coach and horses through the byelaws – a good result if unintended in my view –  but the problem is what counts as a “private road”.   For example, what about tracks down to jetties on the loch side?     I suspect they do count as they are obviously going somewhere, but what about a vehicle track down to a loch used by the owners to go fishing?   Because of this uncertainty, one possible consequence is campervaners will stop off on the verges of the most obvious private roads, which are usually those leading to houses, rather than places they would prefer to stay.

 

Originally one of the main claimed purposes and justifications of the byelaws was to prevent overnight stops and encampments in laybys and the LLTNPA sold the byelaws to local communities on the basis that they were all about keeping anti-social campers away from where people lived.   While the Park has gone very quiet on campervans and motorhomes, there is a little give away on the “camping” section of their website:

.

In order to protect some of our most cherished lochshores, byelaws covering camping and firelighting are in place in certain areas from March to September.

During this time, you will need a permit to camp or (in some locations) to stay overnight in your motorhome in these Camping Management Zones.

 

What I believe I have shown is the locations where people will be unable to stop off overnight in a vehicle are probably very few.   While the changes to the byelaws appear to have made it more difficult for people to stop off overnight in vehicles in carparks, as even carparks run by the Roads Authority are no longer exempt from the byelaws, anyone can now in theory stop off on the private roads leading to car parks!

 

The problem here is the legal position of where people can and cannot stop overnight in vehicles is totally unclear.  First, the Park has completely failed so far to say what counts as a private road or not, and I doubt it will ever be able to do so, the legal position is far too complicated.  What instructions it has issued to its Rangers, who are supposed to enforce the byelaws, so they don’t hassle or try to refer people to the Procurator Fiscal who have not broken the byelaws, is unclear.  Second, how will the public know unless there is a sign by every private road?   There is no plan to do this and the cost would be prohibitive.  People sleeping in vehicles therefore will find it very difficult to know where they stand.  It may all come down to who is prepared to stand up for their rights and challenge the LLTNPA.  This is all wrong.

 

SNH in their response to the camping byelaws stated this quite clearly:

 

“The byelaws must be reasonable, proportionate and clear (the actions that are an offence) if they are to command support from the publíc”

 

The camping byelaws are not reasonable, proportionate or clear about where people can sleep overnight in campervans and vehicles.  These byelaws would never have been passed if they had been scrutinised properly, for example by the Scottish Parliament.

 

Damage caused by fires and collecting wood

 

What the re-introduction into the byelaws of the definition of damage rejected by SNH does is potentially to make any fire within a management zone unlawful.   The problem here is twofold:  what constitutes damage or what activities could be said likely to cause damage is subjective;  and how will the Park let people know what is responsible?  I had asked  the Park some time ago about the meaning of the word “damage” in respect of fires before realising a definition had been re-inserted into the byelaws, and received this response EIR 2017-001 Final Response fires.    Its still relevant as the Park was responding based on the definition of damage inserted into the byelaws.  It failed to provide answers to any of the scenarios I had raised and its unclear which of them could turn you into a criminal.

 

Since the response, the Park has added information on what constitutes damage caused by fires and collecting wood to  the camping section of the Park website (under permit terms and conditions) (see here).  If you are not camping but simply going for a picnic or staying in a vehicle overnight on a road and want to have a fire, you are unlikely to have any idea of this or what activities could turn you into a criminal.   While the Park could improve the information of their website,  the much more serious  issue is how will people know what is lawful unless there are signs everywhere spelling out what is and is not allowed in respect of fires?

 

The information contained in the terms and conditions for camping permits suggests that the LLTNPA is now interpreting “any damage” to mean that if you burn wood that you find, that is criminal offence, but its ok to bring your own.   If that was the intention of the byelaws, it would have been  clearer if they had simply said what is in the permits:  “Should you wish to light a fire, you must bring your own firewood and kindling”.    After spelling out the offences you could be committing, the terms and conditions include a  section on “Advice for Campers” which is far more like the Scottish Outdoor Access Code.  However, taken with the all-encompassing definition of damage in the byelaws themselves, this “Advice” just adds to the confusion: 

 

Wherever possible use a stove or fire bowl.
If you have an open fire keep it small, on a surface that cannot be easily damaged, under control, supervised and bring you rown wood,or other kindling
Comment:  so when does having an open fire count as causing damage and a breach of the byelaws which will turn you into a criminal?    So when will Park Rangers count open fires as causing damage with breaking the byelaws and try and turn them into criminals?   I am none the clearer from reading this.  It will probably depend on the Rangers who’s on duty at the time.  That is totally wrong.

 

Enforcement Policy

 

The lack of clarity over the meaning of the byelaws, and therefore what activities are and aren’t legal, raises issues about enforcement.   I have been asking the LLTNPA about this for some time and in January received EIR REVIEW 2016-057 Response-1 Enforcement policy.

 

The most important part of this letter – which is full of the usual obfuscation – is the statement at the end:

 

Finally, given your interest in the enforcement of the byelaws, the Your Park project team is currently in the process of developing an Enforcement Policy. This will be released to the public in due course via our website

 

It will be interesting to see if this policy provides clear guidance to Park rangers on all the issues that have been raised on Parkswatch but the most important thing here to note is that any Park Policy should be srutinised and then approved by the Board.    The camping byelaws thus cannot be enforced on 1st March as there is no Board Meeting scheduled till mid-March.

 

I would go further and suggest that the Minister for Environment and Ministers for Justice in the Scottish Government should comment on this policy before it is put into effect  because of the significant implications for who could be made a criminal or not.    Were Ministers to do this, and not rely on opinions of their civil servants, they would realise the byelaws as they relate to campervans and sleeping overnight in vehicles are unworkable and, as a consequence of this, there is a complete lack of parity between how campers and campervaners are affected by the byelaws which undermines their whole rationale.

 

What can be done?

 

Its only a matter of time before someone decides to challenge the legal basis of the byelaws.  As soon as someone is referred to the Procurator Fiscal for lighting a fire or sleeping in a vehicle for example, it should be possible to challenge the LLTNPA  without incurring great costs.

 

The LLTNPA’s success in enforcing  these byelaws mainly depends on bluff.  This is not just about the impossibility of enforcing badly wordly byelaws,  the Park clearly wants to make camping in a tent in a management zone a criminal offence, but if the Park tries to refer lots of innocent campers camping according to the Scottish Outdoor Access Code to the Procurator Fiscal, their reputation will collapse.    If people call the Park’s bluff,  the byelaws will collapse.

 

In the longer term we need to prevent this situation recurring.  A good way to ensure this would be if ALL byelaws affecting access and thus access rights could be called in for scrutiny by the Scottish Parliament.

 

Meantime, people could follow the excellent advice from Cameron McNeish in his article on Walk Highland and write to Scottish Ministers asking them to intervene

 

A look to the future?

 

February 20, 2017 Nick Kempe No comments exist
The “temporary” construction track looking north towards Dalwhinnie. Note the piles of spoil running alongside the left of the track – an artificial esker!

Following my  post about the failure to restore the destruction caused by the Beauly Denny  by the developer, Scottish and Southern Electric, I went last Monday to have a look at the section of the “temporary” construction track on the Drumochter Estate.

 

Under the Beauly Denny planning application determined by the Scottish Government, all construction tracks were to be fully restored.  The Drumochter Estate however submitted an application in 2013 to the Cairngorms National Park Authority to retain the section of track on their estate.   The first application was refused, mainly because the estate wanted to keep the entire section of track which ran through the estate.   The section south of North Drumochter Lodge ran into the Drumochter Special Area of Conservation – why is it that only European designated sites appear to have any teeth?  – and cut across the open hillside.  The revised application removed the southern section of track but is still 4.7 km in length.

The track granted planning permission runs from 750m south of Drumochter Lodge to just south-east of Dalwhinnie. Most of it is hidden from A9 by a shelter belt of trees.

 

The Committee Report which considered the application in February 2015 track planning application was very thorough.  The CNPA had opposed the Beauly Denny, was concerned about the proposed track, but was won over by arguments that with the new A9 dualling would make it very difficult for estate vehicles to access the existing hill tracks onto the east side of Drumochter.   Their assessment of the construction track was pretty damning:

 

However, the assessment of staff was that as long as the construction track was narrowed considerably – to a maximum of 3m – and the spoil heaps used to do this, retention of the track was acceptable:

 

The North East Mountain Trust, which to its credit had objected to the application for the existing track was also persuaded and agreed not to object.   Both the NEMT and the CNPA were no doubt partially persuaded by the illustrations from the estate of what they were proposing:

 

The problem is that two years later absolutely none of what was promised by the estate has happened.

No work has been undertaken to narrow the track from 5m in width and no work undertaken to conceal the plastic culvert

Some of the track is “floating” which means it was created by dumping aggregrate onto the peat in sufficient quantities to support construction vehicles.  Proper restoration would mean all this aggregate being removed.   The estate promised to improve this by narrowing the track to 3m maximim and revegetating the sides using vegetation from a new drainage ditch and seeding.

 

The track is almost two landrover widths and should have been almost halved in breadth according to the planning conditions.

Part of the restoration proposed by the estate was removal of this “hammerhead.   Nothing has been done.  There are piles of spoil in the centre and along right side of the area.

Another view of one side of the hammerhead.  All this ground should have been restored.

Spoil heaps on either side of the opposite section of the hammerhead to that pictured above.

The priority of the estate is indicated by these new grouse butts.  They were being brought in from the A9 by landrover and trailer.  It appears it has suited the estate to retain a large storage area rather than restore the land as promised.

The access to the A9, more spoil heaps on right. The shelter belt helps conceal this mess.

 

The CNPA, again to give it credit, had required that all the works be completed by June 2016:

Six months after the deadline for works to be completed, on the section I looked at at the north end of the proposed track, there is no evidence that any work has been completed.  There are two issues here:

  • first you cannot tell from the planning portal whether the CNPA has agreed in writing with the estate to extend the deadline for completion of the works beyond June 2016 and, if so, the justification for this and what the new deadline is;
  • second, if the CNPA has not agreed an extension, its not clear what enforcement action they have taken if any.

 

Unfortunately, this is yet another planning case where the credibility of our National Parks is at stake.  What appears to be happening in a number of cases from Natural Retreats at Cairngorm to the Bruar Hydro to Drumochter is that the CNPA approved planning applications with conditions which the developer then simply ignores.   The failure of the CNPA to go public about this and use its enforcement powers gives a clear message to developers that as long as they pay someone to complete good looking paperwork, they can do what they want.

 

In the Drumochter access track case there is an added complication.  SSE were supposed to restore this track and, being a huge company, obviously have the resources to do this properly (if there was anyone insisting they should do so).  Having agreed that Drumochter Estate could keep the track, however, the risk is that all obligations of SSE will have been taken over by the estate.   My guess is that will now make it impossible for the CNPA to turn round to the estate and say the planning permission no longer applies and ask SSE to do the works.

 

This supposition is reinforced by the fact that SSE has not been at all co-operative about restoration of the Drumochter and the atrocious standards of the restoration work they have undertaken.

The restoration of the land under the pylons (access track foreground and background) is SSE’s responsibility though the communications I have had from the Scottish Government say its the CNPA’s responsibility to enforce this

The trouble is that the CNPA has allowed them to get away with this.    Although very concerned about the standard of work, and taking time to visit the site, they have then resorted to their normal practice of writing letters rather than taking enforcement action when things go wrong:

 

20. The Convenor advised the Committee on her reflections following site visit with Scottish & Southern Energy (SSE) to the Beauly – Denny overhead transmission line that she and other members had attended, along with SNH staff. She advised that it seemed that SSE Officers were not sufficiently clear as to what the restoration of the tracks involved. SSE Officers were also rather vague as to who was ultimately responsible for carrying out the restoration and reinstatement and what standard would be deemed acceptable. Following a full discussion the Committee agreed that Convenor of the Board should write to SSE expressing significant concerns.  (Planning Minute June 2015)

 

The failure of the CNPA to take a robust line against either SSE or the North Drumochter estate means that the CNPA is storing up serious problems for itself at Drumochter and setting further poor precedents for the rest of the National Park.

February 7, 2017 Nick Kempe No comments exist
Slide from the Secret LLTNPA Board Meeting on 9th September 2013 – the slide makes no reference to Linda McKay and senior’s staff’s unsuccessful attempt to try and change our access legislation earlier in 2013

I have been puzzling about the development of the camping byelaws by the Loch Lomond and Trossachs National Park now for some time.  Back in 2011 when the east Loch Lomond camping byelaws were put into place, the then LLTNPA Chief Executive Fiona Logan made a number of statements (these are taken from BBC News Bulletin 10th March 2011:

 

National park chief executive Fiona Logan said she did not believe there were any other areas of the park where similar bans would be “appropriate”

She told BBC Scotland that the by-laws were not permanent and could be revoked if the park was confident the problems had been successfully tackled.

“We would like not to have these laws in three years,” she said.

 

Yet, less than two years later the LLTNP submission to the Land Reform Review Group advocated that the right to camp within a certain distance of a public road should be removed completely from access rights and that sanctions be introduced, in the form of Fixed Penalty Notices, for breaches of the Scottish Outdoor Access Code.  This would have completely changed the Land Reform Act.   The LLTNPA proposals were rejected by the Land Reform Review Group which had been charged with reviewing how our access legislation was working in their Interim report of May 2013 and the LLTNPA proposals,  along with other access matters, were  referred to the National Access Forum for further consideration:

 

Members of the Group were given a presentation by the Loch Lomond and Trossachs
National Park which graphically highlighted their concerns………………
However, the general view is that most of the complaints about access will be resolved by better implementation of the Access Code and better visitor management rather than by modifying the legislation. This is the core business of the National Access Forum (NAF) . We therefore propose to share the evidence from the LRRG submissions with the NAF, invite them to review it and to
report back to the Group through our advisers.

 

Just four months after being told by the LRRG that there was no need for the changes in our access laws the LLNPA Board held its first secret meeting to consider using its powers as a National Park Authority to change the law.

 

There is no evidence, as far as I am aware, that the National Access Forum ever discussed the LLTNPA submission on camping or that the LLTNPA tried to engage the National Access Forum about visitor management in the National Park.     If this was not a conspiracy, I am not sure what would be.  No wonder the LLTNPA developed its byelaw proposals in secret because if they had done so openly they would have been seen to flout the recommendations of the LRRG.

 

What the Information Response I received last week  EIR 2017-004 Response LRRG and EIR 2017-004 LRRG Appendix A  shows is two things:

 

  • First, the submission which purportedly came from the Loch Lomond National Park Authority to the Land Reform Group was never considered by the Board (this conclusion follows from the Park’s declaration that it holds no information on meetings or communications between Board Members to discuss this matter).
  • Second, that Linda McKay, the Convener of the Board headed the delegation which met with the LRRG on 15th February 2013 to discuss the LLTNPA submission.  This also included Grant Moir, now Chief Executive of the Cairngorms National Park, Gordon Watson (current Chief Executive LLTNPA) and Bridget Jones.

 

What this tells us is that  Linda McKay was personally leading the case to change our access laws despite not having discussed or agreed this with her Board.  Just how far individual members of staff were willing participants in this is unclear but Grant Moir had previously said publicly he did not support any further extension of the byelaws.  The submission to the LRRG did say though that this might be reconsidered AFTER the review of the East Loch Lomond byelaws.   That review only took place in March 2014 so what’s quite clear is, that having told the LRRG there were no immediate plans to extend byelaws, someone in the Park then authorised staff to spend time working up proposals to do just that for the Board in September 2013.   That person, it appears, was Linda McKay, the Board Convener.

 

All the evidence therefore now points to Linda McKay, a Scottish Government appointee to the Board who is also a non-executive director of the civil service, as being the driving force behind the camping byelaws.  It appears therefore that she is also responsible for the secretive process that has led to them being approved first by the LLTNPA Board and then approved by the Minister for the Environment.

 

The timeline is as follows:

  • 2011 introduction east Loch Lomond camping byelaws
  • October 2012 – January 2014   Call for evidence LRRG  – LLTNPA submit response
  • 15th February 2013 LLTNPA meeting LRRG led by Linda McKay
  • 20th May 2013 Interim Report form LRRG referring LLTNPA and other submissions to National Access Forum
  • 9th September 2013 first secret “Board Briefing” session to discuss camping byelaws
  • 28th October 2013 most of secret “Board Briefing” session taken up with camping byelaws
  • December 2013 Board Meeting – Visitor Management paper (first time visitor management plans raised publicly, camping just one of number of issues)
  • 17th March 2014 Board Meeting.   Review of East Loch Lomond byelaws signed off and sent to Scottish Government
  •  23rd May 2014 Final report LRRG – proposes no changes to access legislation (just as the LLTNPA was undertaking intensive drive community organisations in the LLTNPA to get them on side for the byelaws)
  • October 2014 launch Your Park consultation proposing byelaws

 

January 20, 2017 Nick Kempe 3 comments
This photo is of same section of restoration work of Beauly Denny line as was featured in Park champions but from below

The purpose of Parkswatch is to try and ensure that our National Parks live up to the aspirations that led to their creation.   The focus is on what is going wrong, trying to understand why this is happening and then suggesting what needs to happen.   In trying to do this, I and other contributors will not always get things right and being an open and critical forum are committed to correcting errors where they occur.

 

I am grateful to the person who, in response to the post on Park Champions,  has  pointed out to me that the Cairngorms National Park Authority were not the planning authority in this case and that the decision was taken by the Scottish Government.   I have also been informed that in relation to extremely poor restoration work, the CNPA  had a number of site meetings with the Developer to express its concerns but, as its not the planning authority in this case, it cannot require the Developer to put the damage right.   In other words its the Scottish Government that needs to be held to account for this.  I am pretty certain this is right and have contacted the Government to try and find out what they have done or are planning to ensure the terrible destruction along the Drumochter is restored properly.

 

 

Besides their objection to the Beauly Denny powerline going through the Drumochter, which was overruled by the Government Reporter, the CNPA has used its powers to reject subsequent planning applications by the Drumochter and Ben Alder estates to retain the tracks that were installed to construct the powerline (see here for Drumochter committee report).   Its worth quoting from that report says:

In other words, there was supposed to be restoration “to ensure the landscape is returned to its pre-works condition”.  The photos show that this clearly has not happened.

 

Indeed while planning permission may have been rejected by the CNPA to make tracks permanent, it appears that tracks are able to create de facto tracks by driving their vehicles along the area of “restored” ground as in the photo above.

 

Re-reading my comment in “Park Champions” I think it was still partially valid.  I accept that it appears the Scottish Government should be taking a lead on ensuring the ground that was destroyed in the construction of the Beauly Denny is properly restored (and it would have been good to have mentioned this), but there is still a question of whether the CNPA is happy with the quality of the work:

 

The photo above is to illustrate the excellent question to Grant Moir by Mark Stephen who observed that in travelling up the A9 corridor on entering the Cairngorms National Park you “are hit” with pylons and asked whether this gave the wrong message?   While Grant explained the CNPA had adopted a policy of no large wind turbines in the National Park, and that national priorities had overriden the objections of the CNPA to the Beauly Denny powerlines, he said nothing about whether the CNPA was happy with the quality of the work. 

The question this case raises is whether the CNPA should have more powers so the Government cannot simply allow breach of planning conditions to be ignored.    This is very relevant to the Drumochter and other parts of the Cairngorms National Park where the project to dual the A9 could have significant impacts on landscape and indeed access (a subject to which I will return).  The CNPA has been trying to influence that process and its vitally important that the Scottish Government and Transport Scotland ensure that the final plans are the best possible for the National Park.  The Beauly Denny may have been in the national interest, but the way its been finished has certainly not been according to the standards we should expect in a National Park.

January 19, 2017 Nick Kempe No comments exist
Slide presented at secret Board Meeting in September 2014.   What do the dots mean?  Surely somebody in the Park must know?

After the Information Commissioner forced the Loch Lomond and Trossachs National Park to make public the slides that had been presented to the Board in the secret Board Briefing Sessions I asked follow up questions about three of those slides, including the one above.  The answer was unsatisfactory EIR 2016-062 Response, so I asked for a review of my request and yesterday received a response EIR REVIEW 2016-062.

 

The answers tell us a lot about the secretive way the Park operates and the conspiracy to undermine access rights:

  • The LLTNPA is simply refusing to tell me (or you the reader or the public) what the different coloured dots on the map of Loch Voil mean.   The FOI Act only requires the public authorities to provide written information, not to explain this information – a weakness in the law demonstrated by the slide above.  So, the slide is supposed to provide to the Board a detailed example of what the Park staff were proposing for Loch Voil  but the Park staff are now refusing to say what this was  (was this campsites, toilets, carparks, signs?).   The Park’s Chief Executive Gordon Watson must know what this means, along I would think with a whole number of Board Members who were at the session, but rather than just be open, it appears the LLTNPA would prefer to keep this secret.  What is there to hide?
  • Much more significant politically is that the Park has now stated quite clearly it has NO information on how it has worked out the number of camping permits.   So, the 300 number, which is the total number of camping places and permits the Park has agreed for the four management zone is totally made up.   Its obviously not based on any evidence of camping impacts or carrying capacity of the land.   It appears the number could have been 500 or 100 so why 300?.   My best guess is the Park has decided this number which would sound ok to Scottish Ministers and is the least it could get away with.  The public and Scottish Government need to realise there is no rationale for this, whether its the Park’s decision to allow just four camping permits along the Invertrossachs shore on Loch Venachar (which just so happens to be where their current Convenor, Linda McKay lives and which was a popular place for camping) or not a single permit along the A82 north of Inveruglas.
  • The response to the third question is interesting because although the Park has dropped any reference to peak weekends, it showed it never had an definition of what these were anyway.  I think its further evidence to show the LLTNPA has tried to create a new terminology to describe camping and campervanning and persuade people into supporting its proposals that is based on a whim, not fact.

 

 

January 17, 2017 Nick Kempe No comments exist

There was more on National Parks on Out of Doors on Saturday http://www.bbc.co.uk/programmes/b088flk5 including an interview with Robert Maund, former chair, and Ross Anderson current chair of the Scottish Campaign for National Parks from 36mins.  I am a member of the SCNP Executive Committee.

 

The interview focussed on the economic arguments for National Parks.   This is  because the current view of the Scottish Government is that further National Parks are unaffordable, as expressed recently in the Scottish Parliament by Roseanna Cunningham, Minister for the Environment:

 

19/12/16 SCOTTISH PARLIAMENT

ORAL ANSWER

15 December 2016
Index Heading: Economy

Maurice Golden (West Scotland) (Scottish Conservative and Unionist Party):
To ask the Scottish Government what impact the establishment of a new
national park would have on tourism and conservation.

S5O-00487

Roseanna Cunningham:

While the Scottish Government recognises the important contribution our
existing National Parks make to tourism, conservation and the wider Scottish
economy, any new national parks would incur significant costs. At a time of
pressures on public finances, we do not believe that it is right to raise
expectations regarding the designation of new national parks. We will
therefore continue to focus our support on our existing Parks so that they
can continue their track record of success.


SCOTTISH GOVERNMENT

 

Now while the SCNP has produced a number of reports on National Parks, which illustrate the benefits they can bring (see here),  in my view those benefits ultimately are attributable to the power of the idea.  National Parks conjure up the idea of special places.   So, if you are visiting a country and want to see special places, there is fair chance you will choose a National Park.  If you have lots of National Parks, then you are a country really worth visiting.  Its not surprising they bring economic benefits

 

That same idea though has implications for the way the land is managed.   People don’t choose to go to National Parks because they want to visit a theme park – that’s why 33,000 odd people signed a petition against Flamingo Land within a few days – they understood, a gut response determined somewhere in the collective unconcious, but very real, that this is not what National Parks should be for.  Conversely, people instinctively understand that National Parks should be about wildlife and that there is something very wrong when our National Parks are unable to protect raptors and other species from persecution.

 

I set up Parkswatch because our National Parks weren’t living up to the idea, the ideal, and needed watching.  The reasons for this are complex, and worth analysing – indeed much of parkswatch is about why things are going so wrong in our National Parks – and Roseanna Cunningham’s claims that our two existing National Parks have “a track record of success” is in my view a long long way from the truth.      There are people I respect, who think our current National Parks have so tainted the ideal that they are opposed to any further National Parks in Scotland.   There are other people, who I also respect, who are loathe to criticise our two National Parks but who are trying to work behind the scenes to remedy their faults.   My own view, is different.  I don’t think there is anything inconsistent in using the power of the idea  to criticise our existing National Parks – and prevent the idea and ideal being eroded – and to argue that Scotland needs more National Parks.      That’s why I will be helping at the SCNP stall in the Scottish Parliament this week, putting the case for new National Parks, while continuing to criticise our existing ones.

 

What I’d say to Roseanna Cunningham, if I get to meet her, is cost should not be the primary consideration when it comes to National Parks.    What should come first is protecting land and nature for people to enjoy and the real question is does the Scottish Government wish to do that?   Not cost.   Indeed I might quote Mike Reynolds, head of the National Park Service in the  USA, who talking about landownership near the beginning of the Out of Doors programme asked if private landowners didn’t work towards National Park objectives, why wouldn’t you nationalise the land?   This from neo-liberal America.   As long as the Scottish Government does not allow National Parks to do stupid things – such as the LLTNPA spending £345k on the Loch Lomond Campsite and deploying dozens of rangers in a quasi police force to stop innocent campers camping – National Parks will repay the investment.  The Scottish Government needs to think again, both about new National Parks and how our existing National Parks have failed to deliver their potential.

December 27, 2016 Nick Kempe No comments exist
The second letter, while not about explicitly National Parks, could be – our National Parks are failing both wildlife and visitors

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Following my post (see here) on the discussion of litter at the last Loch Lomond and Trossachs National Park Board meeting, it was good to see Peter Jack’s lead letter to the Herald.  I hope this will help bring the failures of the National Park to the attention of a different audience.  (And if you didn’t see the excellent letter from Dave Morris the previous week on the VisitScotland initiative to promote wild camping just as the Loch Lomond and Trossachs National Park Authority is trying to ban it………….. (see here))  

After my post, a reader gently reminded me that a few years ago the LLTNPA had made a serious attempt to tackle litter.   This was when Grant Moir, now Chief Executive of the Cairngorms National Park Authority, was at the LLTNPA and Kevin Findlater was Chief Inspector of the police for the Trossachs Area.  Their efforts culiminated in the Five Lochs Visitor Management Plan in 2012.  It had a whole page on actions to address litter which is worth reading in full.
While I have covered on several occasions the LLTNPA’s failure to implement the (excellent) plans for campsites contained in the 5 Lochs VMP,  I have not covered LLTNPA’s abandonment of other aspects of that plan – litter was one of them.  Actions originally planned for 2012-13 – the first Keep Scotland Beautiful Litter Audit was one of them – were generally delivered but after that almost nothing:
  •  Litter strategy for 5 Lochs Area – planned 13/14; never delivered
  •  Implement new powers rangers to award fixed penalty notices – planned 13/14 – delivered June 2016
  •  Creation of recycling points – apparently abandoned e.g Loch Venachar north carpark constructed without recycling point which was on original plans
  • Litter signage; never delivered (thought Park now spending £100k on no camping signs)

 

There appear two explanations for why the 5 Lochs Visitor Management Plan appears to have ground to a halt in 2013.  First, Grant Moir, the driving force in the LLTNPA behind the 5 Lochs Plan left the Park Authority in that year.  He was replaced by as Director of Conservation and Visitor Management by Gordon Watson who is now Chief Executive.  Second, in September 2013 the Board started its secret discussion of camping byelaws.   Whether the change in direction was decided by the LLTNPA Board or its senior staff, I am still trying to find out, but it does seem clear is that in 2013 the Park abandoned its plans to tackle litter and instead started to focus on how it could ban campers.

 

Since my post on litter and the Board Meeting, the LLTNPA has responded  to questions I asked about the long delayed Keep Scotland Beautiful litter audit (see here).   While the LLTNPA published the litter report soon after receiving it on 18th November, EIR 2016-063 Response date KSB litter report received, what’s interesting is that the LLTNPA had three meetings with Keep Scotland Beautiful about the Report in April, June and September.  Its hard to see how LLTNPA could have met KSB about the report unless it had been provided with some documentation, and harder still to understand why there was 3 months between meetings unless KSB had been asked to undertake extensive re-writes.  If this is right, the fact the LLTNPA holds no drafts – as stated in the letter – suggests that it has deliberately decided to destroy them.  This suggests that the first draft of the report may have contained some inconvenient truths LLTNPA did not wish to see in print.  (If this interpretation is wrong I would be very happy to publish a response from the Park explaining how it could have three meetings about one report and not hold any information on it).

 

All of this adds further support to Peter Jack’s theory that in order to restrict camping rights, it has suited the Park not to have tackled the litter problem.   Unfortunately I think it is unlikely the Scottish Government will order a full inquiry into the Park’s failure to tackle litter because any objective look at litter would involve an examination of the failures of its own agency, Transport Scotland, to keep the verges along the trunk roads in the National Park clean.   Keep Scotland Beautiful was not apparently asked to look at that.