Latest news with #DPEA
Daily Record
09-07-2025
- General
- Daily Record
Appeal against North Lanarkshire Council's planning refusal dismissed by Scottish Governmment
In January the council refused an application for a change of use to a dwelling for a building near Mill Cottage in Allanton and this was appealed to the government's Planning Enforcement and Appeals Division. An appeal against a North Lanarkshire Council planning refusal concerning a building in Allanton has been dismissed by the Scottish Government. In January the council refused an application for a change of use to a dwelling for a building near Mill Cottage on Old Mill Road and this was appealed to the government's Planning Enforcement and Appeals Division. The building was originally functioning as a 'day room' for members of the traveling community, but it was claimed it had been in continuous use as a residence since May 2020 - meaning that enough time had passed that it would be exempt from planning enforcement. However a notice issued by DPEA reporter Sarah Foster states that she dismissed the appeal on the grounds that the submitted evidence relating to the use of the building was insufficient to show that how long the building had been used as a home. This evidence included receipts for a kitchen, septic tank emptying, and television service but these were deemed equally applicable if the building was used as a day room or office and therefore inconclusive. Therefore the reporter also found North Lanarkshire Council's reasons for refusal to be well-founded, and agreed that the certificate of lawful development should not be granted. *Don't miss the latest headlines from around Lanarkshire. Sign up to our newsletters here.
Daily Record
06-07-2025
- Business
- Daily Record
Scots Gov official who approved Flamingo Land will lead the review into decision
Angry activists have blasted the process "a sham". A review of the Scottish Government's widely criticised move to approve Flamingo Land's Loch Lomond resort will be led by the same official who gave it the green light. The Sunday Mail has learned Scottish Government Reporter David Buylla – who gave the controversial £43.5million project in Balloch planning permission – will now advise SNP ministers who have been forced to call in the decision for reappraisal. Furious activists say it showed the process was a 'sham'. The government was forced to U-turn on the initial backing for the lochside resort by Buylla – a top civil servant – amid local opposition and the threat of a parliamentary defeat. Community councillor Lynne Somerville said: 'It beggars belief they're allowing the same man that caused this outrage in the first place to write this new report. There's a complete conflict of interest and I think that really needs to be recognised by the Scottish Government.' Board members of Loch Lomond and the Trossachs National Park are also opposed to the development. Dubbed ' Lomond Banks', the resort by Yorkshire theme park operator Flamingo Land would see a waterpark, a monorail, hotels, restaurants, a brewery and 104 woodland chalets built. After 50,000 people signed a petition urging ministers to reconsider the decision, Public Finance Minister Ivan McKee 'called in' the appeal last month, meaning ministers will consider it directly. But we can reveal the same Reporter, Buylla, is tasked with writing a new report including recommendations to inform McKee's decision. Somerville said: 'Why does Ivan McKee or anyone else think it's appropriate the same man is being asked to produce the report that will influence, guide and steer the outcome? "It's like they are trying to hide behind him and he is being used as the proverbial scapegoat. It does not paint the Scottish Government in a good light.' Scottish Government Reporters are civil servants within the Planning and Environmental Appeals Division (DPEA) who decide on planning appeals. Buylla is one of five principal reporters at the DPEA, which also has a chief reporter and three assistant chief reporters. Alannah Maurer, campaigner with the Save Loch Lomond campaign, said: 'You'd assume someone else would have been assigned. You have to consider professional integrity because how does he say anything other than what he previously said? 'It's absolutely clear there is no democracy, particularly where planning is concerned. The developer can appeal but the public has no right of appeal. 'Our best hope is that ministers will see sense, pay attention to the public – but it's clear public opinion counts for nothing.' Buylla's continued involvement in the appeal was first revealed by environmental campaigner and blogger Nick Kempe, who branded Scotland's planning system a 'farce'. Join the Daily Record WhatsApp community! Get the latest news sent straight to your messages by joining our WhatsApp community today. You'll receive daily updates on breaking news as well as the top headlines across Scotland. No one will be able to see who is signed up and no one can send messages except the Daily Record team. All you have to do is click here if you're on mobile, select 'Join Community' and you're in! If you're on a desktop, simply scan the QR code above with your phone and click 'Join Community'. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don't like our community, you can check out any time you like. To leave our community click on the name at the top of your screen and choose 'exit group'. If you're curious, you can read our Privacy Notice. He wrote last week: "It appears the DPEA is still very much in charge. 'Without any instructions/steer from Mr McKee about what he wishes Mr Buylla to reconsider, it is difficult to see why he would change anything substantial in his report.' Tory West Scotland MSP Pam Gosal said: 'Given the controversy surrounding the SNP's handling of this issue, serious questions must be answered about the appropriateness of this latest appointment. 'Instead of continually forcing solutions and railroading their plans through parliament, SNP ministers should instead heed the widespread concerns of locals who firmly oppose the Flamingo Land proposals at Loch Lomond.' Scottish Green MSP Ross Greer commented: 'Ministers cannot hide behind officials when the gateway to Loch Lomond is at stake. They need to take control of this process themselves. 'For a start, they must do what did not happen at the appeal stage; speak to the community, to myself and others like the Woodland Trust who submitted substantial evidence against Flamingo Land's destructive plans. 'They absolutely must speak to the National Park's own planning experts, whose report advising their board to reject the application was clearly badly misunderstood by Government officials.'The Planning Minister should call a public hearing and come to his own decision based on the evidence. Rehashing the same flawed report from officials and waiting until after next year's election to sign it off would be totally unacceptable." Last month, developers Lomond Banks criticised the decision to recall the decision to approve and hit out at "hysteria" over the proposals which they say will bring much-needed jobs and investment to the area. A Scottish Government spokeswoman said: 'Ministers decided to recall the Lomond Banks appeal as the proposed development raises issues of national significance in view of its potential impact on Loch Lomond and the Trossachs National Park. 'As this is a live planning appeal it would not be appropriate to comment further.'
Daily Record
17-06-2025
- Business
- Daily Record
Flamingo Land developer criticises 'hysterical' opposition to Loch Lomond resort plans
Lomond Banks has hit back at the campaigners who have been opposing the proposed Flamingo Land development at Loch Lomond. The developer behind the controversial plans to bring a Flamingo Land development to the banks of Loch Lomond has expressed "extreme disappointment" after ministers recalled the application following a fierce campaign from activists. Theme park operator Flamingo Land, through its subsidiary Lomond Banks, had proposed to construct two hotels, more than 100 lodges, a waterpark and monorail at Balloch in a £43.5million development. Public Finance Minister Ivan McKee had previously declined to step in regarding the decision to proceed with the plans. But last week he confirmed that the government would now 'call-in' the plans. In a statement issued this week, Lomond Banks said that the move 'undermines the objective and independent judgment of the DPEA reporter'. Lomond Banks Development Director, Jim Paterson, said: 'As you would expect, we are taking legal advice. 'We have engaged with the planning process in good faith, following every regulation and expectation set by the National Park and Scotland's new national planning framework. "The land in question has been allocated for sustainable tourism development for decades, a fact acknowledged by the DPEA reporter. To have this long-established planning context disregarded at the eleventh hour raises serious questions not only about the integrity and consistency of the Scottish planning system, but also about Scotland as an investment destination.' He continued: 'The opposition has, unfortunately, relied on a sensationalist and misleading campaign, filled with hysteria, mistruths and inaccuracies, some of which disconcertingly continued to be relayed in last week's parliament debate. "Claims that we are developing a 'mega-resort' or bringing a 'theme park' to Loch Lomond are not only false, they are deliberately designed to stoke public fear and misinformation. There is no Flamingo Land-style park in our proposals, and such language is nothing more than a cynical attempt to derail a responsible development that aligns with the local development plan. 'Suggestions that this project will 'dominate the loch' are also disingenuous. Our development would front onto just 280 metres, that is 0.2 percent, of Loch Lomond's 153.5-kilometre shoreline. This is a proportionate and thoughtful approach, directly aligned with earlier developments such as Lomond Shores and fully consistent with the National Park's own vision. 'Contrary to the false narrative being pushed, this project has strong local support. Anyone genuinely interested in the views of the Scottish people need only look at the widespread positive engagement on social media and elsewhere, reflecting a clear desire for sustainable, year-round economic activity and job creation.' Mr Paterson insists the firm 'categorically reject' the 'baseless and offensive claim' that the firm are a Yorkshire-based company 'infiltrating Scottish shores'. He added: 'Flamingo Land is a Scottish-registered business, incorporated in 1973, and all taxable profits are retained within Scotland. Despite the name conjuring up connotations of a theme park style resort, Flamingo Land is the overarching company behind Lomond Banks – which is also a Scottish-registered business. These types of attacks are not only factually wrong, they are intentionally divisive and completely inappropriate. 'We remain fully committed to protecting and enhancing the natural environment. The ancient woodland at Drumkinnon Wood will be preserved and actively managed through a dedicated woodland management plan. Public access will not only be maintained but improved through upgraded core pathways. 'Claims that wildlife will also be affected are also unfounded, as the DPEA reporter concluded, there is no evidence to support these concerns. 'We now call on all Ministers, especially the planning minister, to uphold the integrity of the planning system. This process must remain impartial and evidence-led, not subjected to political opportunism or pressure campaigns built on misinformation. The rules must apply fairly and equally to all, or public trust in the system will be irreparably damaged. 'We urge the Scottish Government to see through the hysteria and consider not just the facts of this proposal, but the precedent it sets for all future investment in Scotland.' Campaigners against the plans last week welcomed the decision. Loch Lomond South Community Development Trust (LLSCDT) chairwoman, Lynne Somerville said: 'The people who live here must have a real say in the future of this place—not as an afterthought, but as equal partners. 'The overwhelming response from the community shows not only opposition to inappropriate development, but also a clear appetite for something better—something rooted in fairness, sustainability, and local benefit. 'Under the 2015 Community Empowerment Act, communities like ours are legally entitled to be heard and treated with respect in decisions that affect our land and future. It's time that legislation was meaningfully upheld.' Three local charities in favour of the development voiced their concerns that the Scottish Government had 'buckled to pressure'. The Friends of Loch Lomond and the Trossachs, Maid of the Loch Steamship Company, and Helensburgh and District Access Trust argued that the government had made a U-turn due to the Lomond Banks planning application 'becoming a political football in the run up to the Scottish Parliamentary elections next year'.
BBC News
16-06-2025
- Business
- BBC News
Flamingo Land accuses critics of 'sensationalist hysteria'
The director behind a controversial proposal to site a holiday park in Loch Lomond has accused critics of "hysteria and mistruth".Jim Paterson, Lomond Banks' development director, said opponents of the plan had run a campaign with "baseless and offensive" claims about the Flamingo Land Scottish government last week stalled plans for the holiday park at Loch Mr Paterson said the move raised serious questions about the integrity of Scottish planning and risked investment in the country. The £40m resort would feature a waterpark, monorail, hotel and restaurants, but it has attracted criticism from locals and politicians. Flamingo Land believed the proposal was set to be given the green light after an appeal to the Scottish government reporter overturned a rejection by Loch Lomond and the Trossachs National Park Public Finance Minister Ivan McKee last week said he would recall the plans as they raised "issues of national significance". Mr Paterson said the government decision "undermines the objective and independent judgment of the DPEA (Planning and Environmental Appeals Division) reporter".He also confirmed the company - which has operated a theme park in North Yorkshire since 1959 - would take legal Paterson added: "The land in question has been allocated for sustainable tourism development for decades, a fact acknowledged by the DPEA reporter. "To have this long-established planning context disregarded at the eleventh hour raises serious questions, not only about the integrity and consistency of the Scottish planning system but also about Scotland as an investment destination." Opponents of the plan, including Scottish Greens MSP Ross Greer, have argued the resort would cause considerable damage to the Loch Lomond area, affecting woodland and resulting in a huge amount of extra traffic in the region. But Mr Paterson said Greer's claims were an attempt to "stoke public fear and misinformation".He added: "The opposition has, unfortunately, relied on a sensationalist and misleading campaign, filled with hysteria, mistruths and inaccuracies, some of which disconcertingly continued to be relayed in last week's parliament debate."The director argued the Lomond Banks plan would not dominate the area as Paterson said the development would "front onto" 280m (0.28km) - 0.2% of Loch Lomond's 153.5 km (95.4 miles) also pledged green spaces, like the ancient woodland at Drumkinnon Wood, would be Paterson called on the Scottish government to "see through the hysteria" when making a decision. And he said it was "baseless and offensive" for critics to accuse the Yorkshire company of infiltrating Scotland as it was registered in Scotland. Flamingo Land first submitted plans for the site in 2018, but withdrew them the following year after a wave of negative submitted updated plans in 2020, insisting the proposal would be a "major step away" from its other company have also argued the plans would boost unemployment in the region - a claim dismissed by critics who said most jobs would be short-term row has rumbled on over the last five years, with local community councils and environmental body Sepa expressing Lomond & The Trossachs National Park authority board unanimously voted against the development in September 2024, ruling that it did not comply with environmental and nature conservation the time Stuart Pearce, director of place for the park authority, said the resort plan created an "unacceptable risk" of flooding of the River Leven.
The Courier
03-06-2025
- Business
- The Courier
Stirling golf driving range plan refused after last-gasp appeal
Plans to build a golf driving range complex in Whins of Milton will not go ahead due to the proposed site's proximity to the Bannockburn battlefield. On Monday, June 2, Scottish Government ministers refused planning consent, following the recommendations made by Planning and Environmental Appeals Division (DPEA) reporter Stuart West. The appeal was the driving range's last hope. The plan was also refused by Stirling Council in January 2024. Appellant Lianne Muirhead hoped to gain permission to build golf facilities that could also be used as a cafe, club house and multipurpose community space. The driving range and associated car park would have been sited on agricultural land west of New Line Road in Whins of Milton, south of Stirling. Last year, Stirling Council refused the application on the grounds that the development would negatively impact green belt land and the Bannockburn battlefield. This was mainly due to its design and appearance, as well as floodlighting and fencing. Historic Environment Scotland was also against the plan for similar reasons. However, many locals were in favour of the driving range, commenting that it would boost the community and bring new jobs to the area. Ms Muirhead argued that the proposed new building would not disrupt the current landscape or view. She submitted an appeal to the DPEA asking it to overturn the council's decision a year on from her initial planning application, in April 2024. A hearing took place in October 2024, and the DPEA reporter made several site visits throughout last year. Now, after more than two years of debate, government ministers have quashed the plan. The DPEA's decision notice listed the impact on the landscape of the Bannockburn battlefield and A-listed buildings on Monument Hill as the main reasons for refusal. It also objected to the 'overall principle of the development'. The government argued that an alternative location on non-green belt land would be better suited for the Stirling driving range proposal. The Scottish ministers' decision on the matter is final, unless the appellant chooses to appeal to the Court of Session within six weeks. Scottish Government ministers also rejected a controversial plan to build a harness racing track near the Battle of Bannockburn site this week, after a similarly long-running debate.
