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YOUR VIEWS: Cairngorms National Park Authority’s planning consent is another ‘fudge’





The operators of Grantown's caravan park have had a retrospective application approved.
The operators of Grantown's caravan park have had a retrospective application approved.

It is of little comfort that the Cairngorms National Park Authority’s planning committee approved the retrospective planning permission for the extension of the Grantown Caravan Site by a tight margin.

Yes, many of the committee expressed indignation at yet another development being virtually completed before a retrospective planning application was submitted.

Those that voted to accept, apparently did so reluctantly. The CNPA planning committee needs to understand that it is judged on its actions, not its words, especially when this caravan site has on many occasions in the past played fast and loose with the planning system.

It is frustrating to hear yet again that the CNPA head of planning is reluctant to enforce the planning rules or make an example in this instance by recommending refusal.

His comments that the application is not on the most sensitive part of the site ignore the fact that this part of the site has been environmentally degraded by the owners for years, including installation of concrete plinths, which CNPA accepted as being temporary structures.

It is appalling that the head of planning was surprised that works had started.

The site is only a few hundred metres from the CNPA offices and development has been very obviously underway for months.

This is yet another failure of CNPA planning to take appropriate enforcement action. The head of planning’s quote in the Strathy online article about their failed attempts at enforcement, demonstrate what can only be described as incompetence.

At a time when the existence of national parks and their role is coming under increased scrutiny and criticism, the CNPA Board needs to belatedly learn from these mistakes and make changes which will ensure that the Planning system is appropriately enforced.

Gordon Bulloch

Grantown.

* * *

Highland Council should return the planning charges

The Court of Session in Edinburgh.
The Court of Session in Edinburgh.

Lord Braid senior judge in our Court of Session ruled that legislation bringing in ‘controlled area’ only related to properties changed to holiday let after the short term lets control zone came into effect.

In Badenoch and Strathspey’s case that is March 4, earlier this year.

Why it required a senior judge to point this out is beyond me.

Governments can impose retrospective legislation but if doing so it is a basic principle that Parliament must know when debating the bill that the legislation is retrospective, it must be expressly stated

The reason is obvious.

If you are going to take away someone’s livelihood, a business that was legal at time of investment, that aspect has to be debatedand there would be a whole range of issues.

MSPs could raise the pensioner constituent relying on that income;, the disproportionate affect on women as 70 per cent of STL operators are women; the effect on national tourist economy which would be considerably greater if existing business was removed; the injustice of removing business without compensation and so on.

None of that was debated because the ‘control area’ was not retrospective.

Enter Highland Council, who despite the above, believes licensing legislation can be interpreted to impose a retrospective requirement. Seriously? Was this made clear to Parliament?

I hesitate to give this argument any credibility but it’s based around an interpretation of a requirement from temporary licensing measures and from once a control area is imposed, that operators have to ‘prove’ they have correct planning.

If ‘control area’ legislation does not apply to properties being used as holiday let pre-dating control zone based on legislation not being retrospective, then that requirement equally does not apply to licensing legislation.

It is disingenuous to argue otherwise.

Again I fear giving credibility to such flawed reasoning - but even if such interpretation held any water which it does not, ‘proof’ does not have to come by way of an expensive certificate of lawfulness from the planning authority.

We have over 70 years of evidence that a house can be used as a holiday let in the Highlands.

In Scots Law we have a principle of ‘Res Ipsa loquitur’ the facts prove themselves

Is it perhaps possible that the council is clutching at straws - desperate to argue the indefensible for some sort of justification for insisting we all apply for planning, taking fees from us up to £2000 per house when it was not necessary.

The council is flailing around in search of anything to justify non return of our fees.

Gordon Thomson

Kingussie.

* * *

What is stopping the funicular railway from running at the resort

The funicular has not run since August, last year, in the latest setback for the uplift.
The funicular has not run since August, last year, in the latest setback for the uplift.

In his comments in the Strathy on funicular construction last week, outdoors campaigner Dave Morris was incorrect.

Highlands and Isla nds Enterprise has not kept secret what was wrong with the original build, all the information is available in the ADAC Structures and COWI reports.

What HIE is keeping secret are the problems with the concrete “I” beams and the insitu joints.

The rail track is connected to the pillars using two sliding bearings which were adequate for some 16 years.

To increase their load bearing capacity and longevity that number was increased to three significantly larger bearings, problem solved.

However, there are really two major related problems that are not being addressed - concrete and vibration!

I have had several conversations with rail and civil engineers as to these problems.

The funicular was supposed to be constructed as continuous sections up to 330m long by connecting several 18m lengths of concrete “I” beams using a special connector.

Instead the reinforcing bar, rebar, protruding from the Type 1 (straight) beams was lap welded over a 1.5m length.

This destroyed the tensile strength of the rebar, weakening the joint which is why the insitu joints are opening wider at the top edge than the bottom when a carriage passes onto each beam.

Was this part of the cost cutting exercise referred to in the audit report of 2010?

The continuous opening and closing allows water ingress, continual freezing and thawing compounding the damage.

This also makes the “I” beam “simply supported” instead of “continuous”, which brings us to the next problem.

The current standards for a simply supported beam are 10cm depth for every 100cm length or 1.8m depth over an 18m length.

The funicular beams are only 80cm deep.

I spoke to mould manufacturer about the beams and his first comment was ‘they will break’.

Concrete and vibration do not go together.

As far as I know all railways are bedded on an aggregate - look at your local rail track- to absorb the vibration from the carriages.

These are problems that are not being addressed by HIE, their repairs being described by one civil engineer as ‘lipstick on a pig’.

Will the funicular ever reopen? Even HIE can’t answer that one.

Graham Garfoot

Jarrow

Tyne & Wear.

* * *

Clear vision is needed on boosting economy

It is vital that incoming First Minister John Swinney refocuses his efforts on boosting Scotland’s faltering economy.

The ending of the Bute House Agreement now affords a clear opportunity for a reset with the business community, and to refocus on delivering a thriving and competitive business sector, prioritizing investment and boosting economic growth.

Such growth is essential if we are to raise living standards and fund public services.

The new First Minister’s priority must be to look at the regulatory and tax burden that faces many of our businesses, clearing away barriers to investment and growth, which includes a review of non-domestic rates.

As a nation, there are a number of long-term challenges facing the economy, including slow economic growth, slowing population growth and a decline in oil and gas activity.

However, there are tremendous opportunities as we seek to deliver a low-carbon economy in the drive towards net-zero.

A clear vision that will support economic recovery and stimulate private sector investment is essential if we are to maximise the opportunities both from this and other sectors of the economy.

John Swinney has an opportunity to establish a new and strengthened partnership with business.

It is a chance that he and his colleagues must grab with both hands.

Alex Orr

Marchmont Road

Edinburgh.

* * *

Focus for scientists is always on questions in need of an answer

Clark Cross rejects views that “97 per cent of scientists endorse the Anthropogenic Global Warming (AGW) theory” that global warming is caused by humans.

He claims that John Cook’s research conclusions, as the basis for this position, are ‘lies, damned lies and climate percentage lies’.

He appears to refer to Cook’s paper with eight others in Environmental Research Letters, 2013, 8, 024024.

They found 97 per cent support among articles that stated a position on AGW in refereed science journals.

For this percentage they omitted articles that neither supported nor rejected AGW, for the good reason that “scientists generally focus their discussions on questions that are still disputed or unanswered rather than on matters about which everyone agrees”.

The omitted articles were simply about other questions.

But Clark Cross chooses to include these articles, ignoring the good reason for omitting them, that they were not about AGW.

He implies that only 33 per cent of climate science literature supports AGW.

Cook and his co-researchers conclude that “the number of papers rejecting the consensus on AGW is a vanishingly small proportion of the published research”.

This is not surprising. They cite eight previous papers that reach similar views.

Later Lynas et al. (2021 Environmental Research Letters, 16, 114005) found over 99 per cent support for the AGW consensus, using a different larger sample of research articles and slightly different research methods.

Clark Cross should be more careful in what he claims to be ‘damned lies’.

Dermot Williamson

Kincraig.

* * *

Net zero funds could be spent more wisely

FROM among the swirling mists, misunderstandings and uncertainties bedevilling discussion as to fears of global manmade destructive climate changes, one reality stands out: our nation cannot usefully continue to waste our largely borrowed money and our land- and seascapes and seabed on failing to influence the world's climate.

The proper demands of national defence, the law, education, health and infrastructure are amongst our more- realistic priorities.

For example, the complete restoration of the Cairngorm Mountain Railway represents a vital local requirement.

When you're in a (climate change) hole, stop digging!

Charles Wardrop

Perth.

* * *

Scrap ‘non-sensical’ 20mph speed zones in our built-up areas

Re the Strathy online article headlined ‘End the new 20mph zones’, argues senior Highland councillor’.

I have to agree wholeheartedly with the author, this is a wasteful non-sensical anti business programme designed by the ruling non government of Scotland to be different from the UK.

This is not in the least interested in the public good or safety.

In my day local authorities ran their own areas without interference from the government.

John C McCulloch

Grantown.

* * *

Being active is key to a good state of mind

Moving regularly and being active is important to nurture and protect good mental health but many of us are not moving enough.

That’s why ‘Movement: moving more for our mental health’ is the theme of this year’s Mental Health Awareness Week which is taking place from 13 to 19 May.

We know that it can be difficult to be physically active when you’re busy with work, childcare or caring responsibilities.

We know it can be tougher still if you’re living with a long-term health condition or struggling financially.

That’s why we’re sharing information and advice throughout the week to help people move more for their mental health.

People are invited to find their #MomentsForMovement and talk about how it makes them feel.

Whether it’s dancing around your living room to your favourite music, doing chair exercises while watching television, or going for a walk in your local park, it all counts, and the Mental Health Foundation want to hear about it!

We invite your readers to share what they’re doing and tag the Mental Health Foundation to be part of the #MentalHealthAwarenessWeek conversation. www.mentalhealth.org.uk/mhaw

Julie Cameron

Associate Director for Scotland

Mental Health Foundation

Moncrieff House

Glasgow.

* * *

Curb school speeds

Regarding the on-going debate over new lower speed limits introduced in communities across the region, 20mph speed restrictions are okay around schools other protected areas.

On other roads let parked traffic dictate the speed of travel below 30mph.

David Fraser Robertson

email address supplied


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