Loch tourism bid could face a ‘legal challenge’ over plans
IT is an image offering a perspective of how the proposed tourism development at Loch Lomond could look from points such as across Loch Lomond and from the other side of the River Leven.
However, concerns have been raised over whether there is the potential for a future legal challenge.
It has been claimed the tourism development on the banks of Loch Lomond, proposed by the owners of Flamingo Land, could have broken strict environmental planning rules.
That is the view of the Scottish Greens, who have been leading a campaign against the revamped plans for holiday accommodation and lodges in the National Park.
They say that the key images that would let people see how the site would look should have been included in a vital Environmental Impact Assessment (EIA) when the application was submitted in May by the Yorkshire-based theme park operator.
It is the second time the developer, Lomond Banks, has faced a public backlash for a tourist resort after revealing revised plans last year which were lodged with the National Park Authority. They withdrew their bid to build the Lomond Banks project in 2019, after more than 55,000 public objections.
Ross Greer, Green MSP for West of Scotland, has learned that the ‘visualisations’ were missing and only uploaded to the National Park’s planning portal on August 3, months later.
It is understood the late changes were not notified or advertised to the public meaning there would be no way for people to know that they formed part of the missing EIA.
An environmental and planning law expert claimed it renders the application flawed and if it continues now without going back through the necessary steps, would leave it open to future legal challenge.
Planning law specialist Ian Cowan has submitted a detailed objection to officials on behalf of Mr Greer.
Mr Cowan’s expert opinion states that, as the drawings constituted a change to the EIA, the National Park are legally required to re-advertise the plans for consultation, and failure to do so would leave any final decision subject to judicial review.
In a letter he says: “My client therefore urges you to recommend to the Authority’s Planning Committee that the Application be refused, and gives you notice that, should it be approved, my client will consider petitioning the Court of Session for judicial review of that decision.
Mr Greer has led a community campaign against the plans over the last four years, helping 60,000 people to lodge objections to Flamingo Land’s first application and most recently fundraising thousands of pounds to procure this specialist legal advice.
He said: “Ian’s work has shown that the application is even more flawed than we had realised, with confusion over key aspects such as how much ancient woodland is to be destroyed and how many car parking spaces will be created.
“The revelation of a flawed procedure around the Environmental Impact Assessment and visualisations is particularly important.
“Some of the images show just how
much of a scar on the local landscape this development would be, so it’s vital that they are advertised clearly and properly.”
Mr Greer, who helped campaigners see off a previous application by the same developer, for the site, added:
“I’d like to thank Ian and the hundreds of people whose donations allowed us to procure his services.”
A petition against Flamingo Land has so far attracted close to 33,000 objections.
Last month The Herald revealed a Balloch mansion house, once a place that attracted politicians, actors and musicians, could be brought back from
the brink as part of a tourism vision and given a new lease of life as holiday apartments.
The 17th century Woodbank House estate forms part of the plans submitted by Lomond Banks to develop a tourism destination in Balloch which could see it transformed.
The developer’s £40m plan includes a 60-bed hotel, 127 self-catering lodges, a leisure pool and water park facility and a monorail, as well as restaurants, cafes and retail areas, will bring “economic benefits” to the area band create “more than 200 jobs.”
As part of the planning submission
Woodbank House, and its ancillary buildings, once complete would include self-catering apartments along with a collection of woodland lodges amongst the 20-acre estate to which Historic Environment Scotland, has responded with no objections to the plans.
Lomond Banks boss Jim Paterson said plans to help save the at risk mansion would be sympathetic.
The decision rests with the Loch Lomond and Trossachs National Park Authority.
Lomond Banks, which is leading the tourism development, has been contacted for comment.
The images show just how much of a scar on the local landscape this development would be