On the longest day, the Cairngorms National Park Authority initiated enforcement action against the Cluny Estate for the unlawful track up Carn Leth Choin at the head of Glen Banchor (see here).
This is extremely welcome. In March the CNPA had written to me stating that they had been in discussions with the estate about restoring the track voluntarily but if the estate failed to do this the CNPA would take enforcement action (see here). The addition to the register indicates the estate is refusing to do this and the CNPA have been as good as their word. They deserve support from everyone who cares about our National Parks for initiating this action and will, I suspect, need ongoing support through what is likely to be a long and complex process. Its not easy to bring recalcitrant landowners to heal while removing tracks is not easy. It has been been done in the cases of a handful of hydro schemes, but these have been lower down the hill. The only time a track has been removed on high ground was when the National Trust for Scotland removed the bulldozed track on Beinn a Bhuird. This took place over a number of years, being completed in 2001, and took both significant investment and expertise.
Still, the Cluny Estate appears to be owned by the Qatari Royal Family (see here) who, even if they are under lots of pressure at present due to the blockade from their neighbours, are not short of a bob or two. There is no reason therefore why the restoration should not be to the highest possible standard. While they are about it perhaps the Qatari Royal Family, if its indeed they who own the Cluny estate, should also pay for the restoration of the lower part of the track which was constructed at an earlier date and is, I understand, outside the current enforcement action.
The significance of this action by the CNPA is far wider than just this hill track. In my view the Planning System in our National Parks (and indeed Scotland) has fallen into disrepute because enforcement action is hardly ever taken. The emphasis has been on co-operating with people who, like the owners of the Cluny estate or Natural Retreats on Cairngorm, appear to have no respect for the planning system, drag out processes of negotiation for years and do anything they can to avoid doing what is right. This therefore needs to be seen as a shot across the bows of all landowners in the National Park (its not the only one, as I will demonstrate in a future post). The CNPA need to see it through. I believe it will only take a couple of enforcement cases, where landowners learn what the costs of ignoring the planning systems are likely to be, and the whole attitude of landowners and their advisers to planning will change.
Congratulations are in order for you too Nick, your hard work and persistence in keeping these matters to the fore in everyone’s mind has paid due dividend, and I hope we can see the Planning Authority at Loch Lomond National Park pay heed and take some enforcement actions on Hydro Schemes and look at the unwarranted damage Forestry Commission tracks are inflicting across LLTNP where a 100 metre ATV track requires planning permission but a 10 km superhighway upgrade through our forests does not.
Again Well done.
Excellent work by the Cairngorms National Park Authority. This new track in Glen Banchor, extending onto the summit plateau of the Monadliaths, is an abomination and a perfect example of the contempt which some landowners have for our mountain landscapes and the failure of successive Governments at UK and Scottish levels, since the 1960s, to bring in effective regulation. Time to organise some public demonstrations against these assaults on our wild places as the grouse massacre season starts on 12 August?
Good news Let’s hope the CNPA follows it through. And now it’s got the bit between its teeth, how about some enforcement on the outstanding issues at Natural Retreats?
Glad to see someone who continues to put things right when they were so obviously wrong things in the first place
Excellent. Perhaps we can expect the same on Cairngorm itself in and around the skiing area. Some shocking ‘motorway’ style paths there too.
North East Mountain Trust would like to add its praise and support for the action that the CNPA is taking is respect of both the Carn Leth Choin track and the track above the Glen Clova hotel.
However difficult it may be, it is essential that the Park follow these actions through and does not come to compromises which leave these tracks in place. As has already been said, up until now a percentage of landowners have constructed tracks illegally or failed to follow consents requiring their removal or restoration safe in the knowledge that planning authorities will not act robustly. Requiring these two tracks to be fully removed will send a clear message around the Cairngorms National Park the impact of which will be that land owners will cease to break the law as it will not be in their interests to do so and the landscape benefits will be significant. It will also save the park time and money in the future as pursuing enforcement is costly in terms of both.
So, well done again to the Park – please don’t compromise.
George Allan (on behalf of NEMT)
All very well naming and shaming the Landowners…….but what about the individuals who were contracted to do it ? They need Reigned in too !!!
I agree, its rather like people trashing conservation areas in towns, if contractors were financially liable for contravening the rules, the problems would quickly stop!
This track was not installed by the current owner who purchased the estate recently. The article is entirely misleading in this regard.
John, it would be really helpful to know who the current owner is. Someone else had said they thought it had been sold by the Qatari Royal Family but I could find no information about this by internet searches. The legal situation as I understand it is that whoever was responsible for the unlawful work, the immediate liability lies with the current owner. It would be interesting to know if the surveyors/valuers/estate agents involved advise the new owner that the track could be a liability and therefore whether this was reflected in the selling price or the current owner got guarantees from previous owners to meet liabilities.