Bids to keep holiday plots on SSSI fail

The DPEA published each of the 30 decision letters on its website. In one, the reporter says: "The ownership of the land is complex, with individual plots having been sold to many unrelated individuals and companies.

"Some of these plots have been physically demarcated on the land with fencing, but many are only capable of being individually identified with reference to title plans, where a sale has been made.

"There are numerous other plots that have been (and as far as I am aware may continue to be) marketed for sale, but which are not currently physically defined.

"Tracks provide direct access to notional individual plots. Some plots have seen reprofiling works and/or the formation of hardstandings, whilst some plots also have overnight accommodation units sited on the land.

"It seems highly likely that the original landowners have been the driving force behind the marketing (with a surprising level of success) of an ostensible ‘masterplan’ for the land as a whole, as an opportunity (whether as an investment or for lifestyle/recreational purposes) to acquire individual plots amongst many others for the primary purpose of siting some form of short-stay accommodation upon it, in amongst retained areas of woodland.

"I consider there to be a high probability that this perceived ‘development potential’, however speculative or misinformed, would have been the main reason for purchasing the plots. I can see no other plausible reason for why the individuals concerned would wish to purchase the land in question.

"In some of the appeals the purchase price has been disclosed, which appear to be significantly greater than the likely market value for purely its lawful use, which adds weight to this assertion.

"Those who have purchased plots have thus both literally and figuratively ‘bought in’ to the concept of the site as a whole being used for the siting of accommodation, be it camping pods, chalets or caravans, with shared access arrangements.

"It is plainly the case that the land is being used for the siting of accommodation suitable for overnight habitation, and that is also their clear purpose.

"I consider it highly likely that overnight stays at the accommodation sited on the land have occurred.

"This material change of use of the land is not permitted development, nor does it have planning permission."

The reporter said the enforcement notice cannot reinstate the "permanent and irreparable damage" done to the SSSI’s "subsurface geomorphological features", but can rectify the breach of planning control and visual impact, and prevent further damage to the SSSI.

The parties have six weeks to appeal to the Court of Session.

Police Scotland told us: “We are aware of concerns raised locally relating to SSSI sites at Achnabobane, Lochaber.

“Enquiries are ongoing to establish the full circumstances and officers are working with partner agencies.”