Permission for a ‘Certificate of Lawfulness’ backing a controversial scheme to reinstate caravans at Stirling’s vacant Cornton Caravan Park has been refused by officials.
Lawyers acting for applicants Beechtree Wright Ltd and Cornton Caravan Park had argued that the certificate should be granted for 11 residential caravans and 44 holiday caravans at the floodplain site on the basis that this capacity had been authorised ‘through at least two express planning permissions’ - an initial permission granted before 1974 followed by a 1974 ‘extension’ permission as well as three letters in evidence from former residents that the location’s use as a caravan site had ‘continued uninterrupted until 2007.’
However, refusing the application – lodged last September – Stirling Council point out in a decision dated February 3, that they consider the site to have been abandoned.
A previous Certificate of Lawfulness application submitted in February 2020 had also been turned down by the council who had pointed out it had not been proved ‘on the balance of probability that the alleged use of the site as a caravan park was subsisting on February 13, 2020, when the application was made’.
Fifty-nine letters opposing the 2021 application had been lodged with planners pointing to ‘unlawful tree removal, the condition of the site, lack of use for 14 years, fly-tipping, being left to grow wild since the early 2000s, the destruction of wildlife and greenspace, as well as its floodplain location, not being in continuous use as a caravan park, and a potential increase in traffic and pressures on amenities.’
In July last year residents in the neighbouring Westhaugh estate had complained about the removal of vegetation and trees from the site.
Fire engines had also been called out on a number of occasions to douse fires as smoke blew over roads and neighbouring properties.
The work had angered residents, some of whom were concerned that trees, some 20ft-30ft high, and vegetation had acted as a flood prevention barrier and carbon sink.
Forestry regulator Scottish Forestry had confirmed that no felling permission had been in place and its officers were investigating the matter.
In reaching its decision to refuse the latest Certificate of Lawfulness application, the council points out that the site is ‘not in a useable state and no infrastructure exists that would allow this use to resume.’
The Report of Handling continues: ‘All structures that may have previously existed on the site, such as refuse or ablution blocks, have been removed.
‘The internal road network is not evident other than some small areas of degraded hardstanding.
‘The electrical boxes to which caravans could hook-up have no electrical connection since the electrical wire has either been cut, was never previously attached, or is not in existence.
‘Trees have been felled and the soil has been moved across the site such that it has accrued at the base of some of the remaining trees thereby jeopardising their long term health.
‘The physical condition of the land suggests that the use has been abandoned.’
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The report also pointed out that 15 years have elapsed since the site was last used for any caravan site purpose.
It stated: ‘In the intervening period a site/sales office for a nearby housing development utilised the eastern section of the site (towards Cornton Road).
‘It would appear that an ablution block had previously existed on the site and has at some point been removed.’
Officers further said that since the last caravan was removed, the access to the wider caravan park was blocked by the front (eastern) section of the site being used as a marketing suite for Stewart Milne (from around 2009 to at least 2011).
The site had been sold to a house builder (A & L King) sometime in the 2000s and ‘it was clear that the intention of the site owner was to utilise the site for residential development since a couple of planning applications were submitted’.
Officers added: ‘It was clear that A & L King had no intention of operating a caravan park on the site and, having not received a favourable outcome from the submission of the planning applications, later sold the site to the current owner.
‘Indeed, for several years access to the former caravan site was impeded by the marketing suite for Stewart Milne being located at the access point.’
