Angus Glens landowner loses appeal over unauthorised vehicle track

Last October an Angus Glens landowner was ordered to remove a controversial vehicle track that was visible for miles around in the Cairngorms National Park (see here).

The landowner had argued the track was to support forestry works and thus he didn’t need permission for it but campaigners had argued that the track appeared to be being used to support gamebird management and fieldsports (e.g. see here) and thus was unauthorised.

The Cairngorms National Park Authority agreed with the campaigners and issued an enforcement notice requiring the landowner to remove the track.

The landowner appealed this decision in December 2019.

[The unauthorised hilltrack in Glen Clova. Photo by Scottish Ramblers]

A couple of days ago a Scottish Government reporter agreed with the Cairngorms National Park Authority and dismissed the landowner’s appeal. She ordered the land to be restored “so far as is reasonably practicable” within one year.

Scottish Environment LINK’s Hilltracks Group, long-time campaigners on this issue, have welcomed the decision with the following press release:

CAMPAIGNERS HAIL ‘LANDMARK’ DECISION OVER UNAUTHORISED TRACK IN GLEN CLOVA

A Scottish Government reporter has today dismissed a landowner’s appeal against an order forcing the removal of a controversial vehicle track in scenic Glen Clova, Cairngorms NP.

The decision ends a long-running battle over the 1.5km track, which is visible for miles around and features spoil mounds up to 10 metres wide.

The landowner had launched an appeal in December 2019 against Cairngorms National Park Authority’s enforcement notice ordering him to remove the vehicle track, as it appears to be used to support field sports.

But today Allison Coard, a reporter appointed by Scottish Ministers, has dismissed the appeal and ordered the land to be restored “so far as is reasonably practicable” within one year.

Scottish Environment LINK Hilltracks Group, which continues to campaign for stronger public oversight of upland vehicle tracks, commended the reporter and the national park authority for their decisive action.

Helen Todd, who is Ramblers Scotland’s policy manager and co-convener of the LINK Hilltracks group, said: “This is a landmark result, and sadly one of very few examples of an authority feeling able to commit enough time and money to retrospectively tackle unauthorised tracks.

This ugly track is scarring the landscape in this historic, protected glen – and we look forward to seeing the hillside restored within the coming year.

All Scottish landowners should take note of today’s decision, and the expensive restoration job that the landowner will now need to carry out.”

Beryl Leatherland, of Scottish Wild Land Group and co-convener of the LINK Hilltracks group said: “The case highlights the urgent need for the Scottish Government to introduce stronger controls over vehicle tracks in our hills – to boost local democracy, improve construction standards and protect precious environments from further damage.”

The Scottish Government has made hilltracks one of the top priorities in its forthcoming review of ‘Permitted Development Rights’, which governs which types of developments can bypass the full planning permission process.

Currently, landowners simply need to tell authorities before building tracks which are said to support ‘agriculture or forestry’ – and full planning permission is generally not required. Campaigners believe these tracks are often created to support shooting activities and therefore should be subject to a planning application.

Research published in 2018 by the Scottish Environment LINK Hilltracks group found that vehicle tracks continue to expand further into Scotland’s mountain landscapes, and that weak planning processes can lead to them being badly-sited and designed.  Some tracks have even been built over the top of narrow, low-impact trails and historical routes, with little chance for the public to comment in advance.

You can view the full appeal decision and history here.

ENDS

Well done to the campaigners at Scottish Environment LINK Hilltracks Group and also to Nick Kempe who writes the campaigning Parkswatchscotland blog – well worth subscribing to for detailed and interesting commentary. Also well done to the Cairngorms National Park Authority for issuing the enforcement notice in the first place.

Revive, the coalition for grouse moor reform in Scotland also has unauthorised hilltracks in its sights and you can read more about this in Revive’s report here.

 

7 thoughts on “Angus Glens landowner loses appeal over unauthorised vehicle track”

    1. The tide always turns imperceptibly at first, but turn it does, and as time passes it becomes an in-rushing tide that sweeps all before it. We all just need to keep fighting.

  1. Maybe now somebody can take on the awful set of tracks in the hills behind Kingussie, amongst very many others. Another nail maybe? Either way a great decision.

    1. Does this decision over ride the present application with Angus Council for retrospective planning permission ?

  2. Wonderful result …hope to goodness this owner does NOT get retrospective planning consent. The message should be loud and clear …..look after and protectct the land you own or there will be repercussions.

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