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Enforcement action taken to stop unauthorised development

August 14, 2020

Planning enforcement action has been taken to stop work on an unauthorised development in Loch Lomond & The Trossachs National Park.

A Temporary Stop Notice has been issued requiring the immediate halting of works on a site off the busy A811 east of Gartocharn.

Work has been carried out to create a vehicle access, erection of a gate and site preparation without planning permission.

The Temporary Stop Notice also relates to any further development activity in anticipation of the siting of caravans or other similar structures relating to a change of use of the existing agricultural field.

The Notice has been issued by Loch Lomond & The Trossachs National Park Authority, as planning authority for the area, with immediate effect from Friday 14th August.

The engineering work has created an unauthorised access leading to one of a number of plots of land which are part of a wider area of land that has been divided into small plots that are being marketed as having development potential. This is despite the plots not being identified as suitable for development in the National Park Authority’s Local Development Plan and development being unlikely to receive planning permission.

Stuart Mearns, Director of Rural Development and Planning for Loch Lomond & The Trossachs National Park, said: “We have taken this action to require all works on this site to stop with immediate effect as the development has been carried out without the required planning permission. I am also very concerned that plots of land on the wider site are being marketed for auction at ‘Little America’ as having potential for development when this is not the case.

“It is really disappointing to be in this situation as we did provide some advice in respect of the planning process, which has been ignored. Development on this land would require planning permission, which is unlikely to be forthcoming given the location in open countryside in the highly sensitive South Loch Lomond landscape.

“As the planning authority we have consulted extensively on the preparation of our current Local Development Plan, which identified the main sites for the National Park’s future development needs. This plot is part of a wider site which would collectively be a significant development. We first became aware of the marketing of these plots over 10 years ago and it is really concerning that plots have been purchased with the expectation that development is possible. It would appear there is a risk of others starting to works on their plot, not fully aware of planning requirements given the marketing.

“It’s important that we take action to stop any further unauthorised work and to highlight this to those who may see these plots being marketed for sale in the coming weeks as I know these may seem like an attractive opportunity. I would urge anyone interested in purchasing a plot to contact the National Park Authority for advice first. I also hope we can engage the landowner in positive discussions during the period of the Stop Notice in order to resolve this matter.”

The Temporary Stop Notice is in effect until 10 September 2020.
It is an immediate offence for anyone to contravene, or to cause or permit the contravention of, the prohibition in a temporary stop notice, once the temporary stop notice takes effect. There is no right of appeal against a Temporary Stop Notice.

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