[NB information at end of post updated 15th May]
A number of developers across Scotland appear to have taken advantage of the Covid-19 lockdown to undertake work without appropriate permissions. An example of this is at Ben Cruach House, in Tarbet, which appears to be owned by multi-millionaire, David Moulsdale, and which was included in the outline plans presented by Moulsdale Properties Ltd last year for a major new development at Tarbet (see here).
Parkswatch understands that the Loch Lomond and Trossachs National Park Authority was notified about the need for emergency work on this land after a tree had blown over in storms in March. It appears, however, that substantially more work has been undertaken, including:
- significant changes to the access onto the A82, which would normally require approval from the roads authority
- the erection of a new fence, which appears to have been undertaken without planning permission from the Loch Lomond and Trossachs National Park Authority
- and the felling of numerous trees, at the entrance adjacent to the neighbouring owner’s property, close to the road and further up the hillside and up into the forest, which should have had permission from Forestry Scotland. Clarification is being sought whether any of the work took place in woodland listed in the Ancient Woodland Inventory
This is how the entrance looked BEFORE the work commenced. It will be familiar to many who have driven the A82 heading north out of Tarbet.
Scottish Forestry issued a Stop Notice to Ben Cruach House/Lodge on 8th May which stated “An area of woodland has been felled on the property without prior approval by Scottish Ministers”.
Ross Greer, the Green MSP, notified Forestry Scotland of the tree felling on 7th May and, if that was the first time they had been notified, they acted extremely quickly. All credit to the staff there.
Parkswatch has seen correspondence to the Loch Lomond and Trossachs National Park Authority, dated 20th April, alerting them to the potentially unlawful work. There is no evidence that the LLTNPA then issued any type of stop notice. When the LLTNPA became aware of the unlawful tree felling at Drumkinnon Bay (see here), they responded immediately issuing by Tree Preservation Orders. That raises the question why they couldn’t have taken similar action in this instance?
The area where this apparently unlawful work took place was proposed by Moulsdale Properties in their consultation last year as a site for luxury lodges. Any full planning application for such a development would normally have to include proposals for upgraded access from the main road and for felling trees. The recent works appear to have pre-empted any future planning process.
This should be more than a major embarrassment for the Loch Lomond and Trossachs National Park Authority who raised no objection to the land they own at Tarbet being included in Moulsdale Properties consultation last year:
These works should be cause for a fundamental re-think. Besides taking appropriate enforcement action, the LLTNPA should make it quite clear that it will not agree to its land at Tarbet or anywhere else being used to promote the interests of private developers.
[NB FOLLAT have contacted Parkswatch and are checking when they last received sponsorship from Optical Express and it may be that their website needs updating] . What’s happened should also cause considerable embarrassment to the Friends of Loch Lomond and Trossachs (I am a member), one of whose major sponsors is David Moulsdale’s Company Optical Express:
It will be interesting to see if the Friends call upon the LLTNPA to take appropriate enforcement action. Scotland needs to find a way of funding its voluntary organisations so they are beholden neither to government nor to business interests.
…and Mr Moulsdale was bailed out by Tom Hunter, who now seems to think he too can walk all over the park authorities by trashing Ross Priory and the surrounding area.
A black hole exists in Scottish planning law between permitted development of access for historic agricultural purposes, and that which applies when blatant land-banking of house sites and parcels of land for future development. When breaches are for corporate profit this gap need to be addressed. The ‘as-built’ loopholes which suggest approval will follow should to be closed. Wherever unauthorised development takes place in the countryside , in some wishful expectation of subsequent “as built” approval, the fines for environmental destruction should be exemplary and punitive. The same principle should be apply for construction of unauthorised shoreline jetty facilities for forestry extraction by sea, as applies to unauthorised building work ( See Glencripesdale vv Highland council ref: Loch Sunart approx 15 years ago. ) New sanctions should apply to hill access tracks for which no prior or historic agricultural purpose ever existed ( cases too numerous to detail) , and for tracts of land adjacent to those earmarked for future development, but for which no plans have yet been approved. A secondary requirement would be for any potential development sites already somehow cleared but not built on within , say 5 years, to be fully reinstated. The sanction would operate against prospect of (first refusal) compulsory transfer of ownership in favour of those local community associations most affected.
Now imagine this police officers and Park Rangers come upon a camper chopping down a tree
Access along the road by walkers and cyclists has been comprised
It is even more dangerous now !
They should be fined and trees planted back from the road.
I’ve had it said that “money talks” in relation to developments firther north than Tarbet!
Unfortunately this is a common story in Argyll. Nothing will be done about it and Mr Moulsdale will get his planning.
Friends of Lock Lomond should be absolutely ashamed of themselves. The late Hannah Stirling would not have tolerated xxxxxxxxxxx
As for the Park authority, we were well warned prior to the area being designated a national Park.
xxxxxxxxxxxxxxxxxxxxxxxxx once trees are felled it is too late. Though doing this during this time of covid crises is totally disrespectful to the loch Lomond residents,xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Hi Robin, at the moment it is not certain who felled the trees and therefore I have cut a couple of comments which attributed responsibility. What is certain is that its taken place on land included in the Moulsdale Property Application last year. The Friends have also told me they will clarify when they last received sponsorship from Optical Express – I agree Hannah Stirling would have been horrified by what has happened. A number of fine large trees appear to have been felled. Nick
Hi
If unlawfully felled the culprits need to me made to replace trees over the full original site. Also a heafty fine would seem appropriate.
Regards
Sam
Hi, it seems that some people with wealth think that they are above the law. I agree that replacement trees should be planted, a heavy fine imposed and an example should be made of the company to deter others from doing the same thing.