Order given to remove controversial ‘caravan’ in Carrbridge woodlands
The owners of a controversial ‘caravan’ set-up in woodland near Carrbridge have been given three months to remove the structure.
Locals have described the two storage containers, solar panels, water tanks, toilets, tents and other ancillary equipment at Tulquhonie as an eyesore.
An enforcement notice to remove the containers was served against Cairngorms Woodland Ltd on April 30, earlier this year, by Cairngorms National Park Authority officers.
This was appealed by the owners of the site who said it was for use by members of the Moonrise Camp and Caravan Club.
However, this has now been dismissed by the Scottish Government’s Planning and Environmental Appeals Division.
David Berry, CNPA chief planning officer, said that the three months’ notice started from the decision notice being issued on October 21.
Cairngorms Woodlands Ltd had claimed the structure constituted a caravan in the relevant legislation.
They said they hold an exemption certificate from an exemptible organisation under the terms of the Caravan Act.
The argued this meant that they do not need a site licence to operate providing there are no more than five caravans on site.
Mr Berry said: “That then meant they argued this should translate into permitted development rights.”
The Reporter Allison Coard accepted in her findings the containers could be described as a caravan and there was an exemption certificate in place for the land.
But Mr Berry continued: “Importantly and ultimately the Reporter concluded the site would not benefit from permitted development rights in planning terms.
“Those permissions can only apply to permanent caravan sites in a national park if the planning authority has initially screened the development for environmental impact assessment purposes and issued a screening opinion stating that an EIA is not required.
“Also, as the development in this case could have a likely significant impact on protected areas outside of the site itself, permitted development rights would only apply if the appellant had received confirmation from NatureScot there would not be no adverse impact on the integrity (of the locality). There was no such confirmation in this instance.”
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The Reporter noted folliowing her site visit on July 26, earlier this year, that other works had taken place since the spring.
These including the installation of a wind turbine and decking around the container unit.
The CNPA’s legal representative Peter Ferguson told the meeting: “This was an unusual situation and the potential permitted development right would seem strange particularly in a national park.”
The containers clad in metal sheeting are sited on an area of cleared ground within the coniferous forest.
If Cairngorms Woodland Ltd does not remove the structure then the Cairngorms National Park Authority has the power to do so and bill the firm.