Controversial hut in Carrbridge woodlands must be axed
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A controversial hut built in woodlands by Carrbridge without planning permission will have to be removed after an appeal by the owner was thrown out.
The Cairngorms National Park Authority’s planners had issued an enforcement notice starting in early December, last year, against Archie Gillies ordering him to take down the shelter in Baddengorm Woods.
The CNPA had said the hut’s construction was a breach of planning control because it had been erected without obtaining planning permission and gave him six months to act.
However, Mr Gillies, of Balmedie, Aberdeen, appealed the decision.
The Scottish Government’s planning and environmental appeals division (DPEA) has now agreed with the park authority’s stance and in its ruling ordered the removal of the hut in Cardine Wood to the north-west of the village.
Mr Gillies had claimed there had not been a planning breach and the steps required by the enforcement notice were ‘excessive’.
Reporter David Liddell stated in his findings published earlier this week: “The appellant does not advance an explicit argument as to why there has not been a breach of planning control. The modest nature of the hut is referred to, I think with the implication that planning permission would not be needed.
“I can see from the evidence – including a photograph taken by the Cairngorms National Park Authority’s enforcement officer in June, last year – that the hut is indeed small and rudimentary.
“Its footprint is only 4.6 square metres; a tarpaulin forms the roof or part of the roof; it does not appear to have any foundations; it has no lining, fixtures or fittings and it was constructed by Mr and Mrs Gillies from recycled timber.
“I agree with the CNPA that the hut is a building, and it is therefore ‘development’... which includes the carrying out of building operations on land.
“Although the hut is small and basic, it was constructed on-site.
“Regardless of a lack of foundations, it has a degree of permanence – it would most likely have to be disassembled in order for it to be removed.
“It is clear from the appellant’s evidence about the purpose of the hut for management of the woodland which he has purchased and the intention to install a permanent roof that it is not intended to be temporary.
“The written and photographic evidence before me was sufficient to allow me to reach these conclusions without visiting the site.”
Mr Liddell added: “Complete removal of the building and restoration of the ground to its condition before building works commenced is required to remedy the breach.”
Mr Gillies had claimed his intention was to manage the woodland to encourage biodiversity including capercaille. Conversely, the CNPA said the hut would encourage more activity by people in the woodland, and that this would have an adverse effect on the grouse.
But Mr Liddell said these were not relevant matters for his appeal decision.
A CNPA spokesperson welcomed the decision and said: “We look forward to the hut being removed to comply with the notice.”
