Caravans at Cornton ‘lawful’ say owners
Lawyers representing the owners of Stirling’s vacant Cornton Caravan Park have argued that a ‘Certificate of Lawfulness’ should be granted for a total of 11 residential caravans and 44 holiday caravans at the site.
In reaching their conclusion in a legal opinion, Shoosmiths of Edinburgh – on behalf of Beechtree Wright Limited and Cornton Caravan Park – state 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.
It was also pointed out, using three letters from former caravan park residents as evidence, that the Forth floodplain location’s use as a caravan site had ‘continued uninterrupted until 2007’.
The opinion has been lodged with planners alongside an application for a certificate of lawfulness to site 55 static holiday caravans at the site.
Work carried out in July this year to clear the site - involving the felling of trees and burning material - had attracted the ire of residents in the nearby Westhaugh estate, 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 confirmed last month no felling permission had been in place and its officers were investigating the matter.
The clearing work followed a ‘Certificate of Lawfulness’ application, submitted in early 2021 by Liberty Durrant of Beech Tree Park Homes, to site 55 static holiday caravans at the Beech Tree Caravan Park/ Cornton Caravan Site.
A document lodged with that application stated that existing planning permission for the site between Fishermans Walk and Ferry Court is still active and therefore permitted use can be reinstated without applying for further planning permission.
In April 2020 however the council turned down the application, pointing 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’.
In reaching their conclusion that a ‘Certificate of Lawfulness’ be granted Shoosmiths also point to references to 55 caravans in a statement for a 1988 planning application as well as in the caravan site licence and ‘the fact that no enforcement action was raised in connection with the stated use of the Property for 55 caravans’, adding: ‘If the use of the Property as a caravan park was not authorised by express planning permission, then it would have become lawful through the passage of time.
‘The factors that would prevent the existing use from continuing would be either: (i) the implementation of a fresh permission for an alternative use, or (ii) the abandonment of the existing use.
‘No planning permission has been granted and/or implemented in connection with the Property. No alternative use has been implemented at the Property.
‘In our opinion, the test for abandoning the existing use has not been met. The use has temporarily ceased, but it is capable of being resumed (and the intention is to do so). Therefore, in our view, an application for a “Certificate of Lawfulness” should be granted by the Council confirming that, at the date of the application, the existing lawful use of the Property is as a caravan site for no more than 11 residential caravans and 44 holiday caravans’ It is understood caravans had been removed in the early 2010s.
Mr Durant’s real estate advisors said last year that current planning permission is for 11 residential static caravans for 12 months’ occupation, and 44 holiday caravans for seven months’ occupation from March 1 to October 31. They believed this existing planning permission allowed for the change to 55 caravans over 11 months.