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Chamber and committees

Rural Development Committee, 11 Oct 2002

Meeting date: Friday, October 11, 2002


Contents


Petitions


Cairngorms National Park (PE481)

The Convener:

We have before us two petitioners who are concerned about the proposed park. The first is Mr Bill Wright, who is appearing on behalf of the Cairngorms Campaign. Petition PE481 calls on the Scottish Parliament to urge the Scottish Executive to ensure that the planning powers for the Cairngorms national park are the same as the powers for the Loch Lomond and the Trossachs national park. We will deal with that petition before hearing from Campbell Slimon. I ask Mr Wright to make some brief opening comments.

Mr Bill Wright (Cairngorms Campaign):

We submitted petition PE481 on the national park in March this year, because we were keen for the Parliament to intervene in the designation process before it was presented with the final designation order. As a result, we are delighted that the committee has come to Kingussie today to discuss the matter.

Our petition focused on planning. We still feel that the Executive's provisions remain confusing and unworkable, but we are also now deeply concerned about the shrinkage of the proposed area.

On their journey north, members might have noticed the magnificent hills above Blair Atholl. Under the Scottish Natural Heritage recommendations, those hills would have been included in the planned Cairngorms national park. However, despite an exceptional public consultation exercise, the Scottish Executive has inexplicably excluded those hills and communities.

When Executive officials appeared before the committee a couple of weeks ago, members challenged them on whether they had walked the boundary. It was clear that no such survey had taken place; the process was simply a matter of drawing lines on maps. However, those lines ignored the views of communities and individuals in places such as Blair Atholl and the Angus glens. We are due to examine that exclusion more closely and make our views known to the Executive.

Instead of "making it work together", as the Executive claims, the Executive has succeeded in scunnering widespread expectations that the boundary would extend south to Blair Atholl and into the Angus glens, west to Dalwhinnie and Laggan and north-east into Glenlivet and Strathdon. All those areas meet the statutory requirements of coherent identity, distinctive character and exceptional natural importance. That character is already changing rapidly in the glens. Here in Badenoch and Strathspey, the vast increase in housing development means that the number of new houses has already outweighed the population increase by three to one. A 25 per cent increase in housing stock is planned within the next 15 years.

Thank you very much indeed. I offer members up to 10 minutes to put questions to Mr Wright on his petition.

Mr Mike Rumbles (West Aberdeenshire and Kincardine) (LD):

I want to declare an interest, as I fully support the petition. When I asked Executive officials and the minister why proposals for the Cairngorms national park differed from the proposals for the Loch Lomond and the Trossachs national park, I could not get a satisfactory answer from them. Do you have any idea why the proposals are so different?

Mr Wright:

We have been completely mystified by that. As with Loch Lomond and the Trossachs, we in the Cairngorms are looking at big hills, communities in the glens and development pressures. As those factors apply to both national parks, we do not see why the proposals for each should be different. I can only make an assumption—there is widespread speculation that the matter comes down to influences that are being brought to bear on the Executive.

First of all, I welcome Bill Wright to Kingussie. Do you support the case for the inclusion of the parish of Laggan within the national park boundaries?

Mr Wright:

Yes.

Fergus Ewing:

I thought that you might say that. Thank you for that answer.

I am sure that you recall Sam Galbraith's speech on national parks, in which he said that, when setting up such parks in Scotland, we should take account of key features that are different from those in England and elsewhere in the world. He also said that

"the social and economic development needs of local people should be specified as a main purpose, up there alongside the protection of the natural cultural heritage … and that there should be strong local involvement in the management of National Parks".

The National Parks (Scotland) Act 2000, which was passed since Galbraith made that speech, incorporates those aims. Do you recognise that what we seek to achieve in Scotland with the national park is different from what is sought elsewhere in the world and that we must respect sustainable development, recreation and the sustainable use of natural resources as well as looking after the environment?

Mr Wright:

We certainly do. An exciting aspect of the system in Scotland is that the national park board will be made up of 10 local authority appointees, 10 ministerial appointees and—most important—five directly elected members. That gives an opportunity for local involvement that we find nowhere else.

Local councillors are extremely busy people. They have responsibilities for education, social work and a whole host of other matters. The national park board will be responsible for shaping the environment for, as you say, its sustainable development. Therefore, its prime concern will not be education or social work, but shaping the environment. Those who stand for direct election to the national park authority will be most accountable in what they do and say on the sustainable development of communities and the landscape.

Rhoda Grant (Highlands and Islands) (Lab):

In your petition and statement, you say that you are not happy with the planning powers in the draft designation order and that you would prefer that the planning powers were wholly with the Cairngorms national park authority as in the case of the Loch Lomond and the Trossachs national park. If the planning powers were not wholly with the national park authority, would you prefer that they were wholly with local government, rather than the proposal that is in the draft designation order?

Mr Wright:

There is a real difficulty with that, particularly because of the local plan. If the planning powers were with the local authority, there would be no uniform management or development of the area. If, for example, some of the Perth and Kinross Council area was included in the park, thousands of houses might be built there and none in Badenoch and Strathspey. That is not a planned approach to the national park. It could become something of a free for all. The local plan is pivotal in that respect.

Rhoda Grant:

That argument could be turned on its head. If the national park authority had total planning powers, it would decide what happens in the national park. That could add to stresses and differences on the outskirts of the national park, where we could have housing plans. Would it not be better for the local authorities and the national park authority to be involved in planning to ensure that we do not have stressed areas on the national park's borders?

Mr Wright:

That is why it is vital that the local authorities be represented on the national park authority by councillors who are familiar with the circumstances within and outside the national park boundary. We have never suggested for a moment that local authorities be eliminated from the process. It is vital that the local authorities be on the national park authority to address the issue.

Richard Lochhead (North-East Scotland) (SNP):

I have two questions. First, do you believe that your views represent those of ordinary people who live in the proposed park area? Secondly, your petition says that one of the reasons why you want change is "bitter planning controversies" in the past. Will you give me some examples of those planning controversies and how such controversies could be avoided if you get your way?

Mr Wright:

The Cairngorms Campaign is a relatively small charity. However, we are supported by a large number of charities through Scottish Environment LINK. We originally submitted the petition in partnership with the Scottish Council for National Parks and a host of other bodies, such as the National Trust for Scotland.

You ask how representative of local people our views are. Views in the local area are divided, as they are throughout Scotland. Some outside the park believe that the park should be smaller and that the powers should be with the local authorities. The only key indicator that I can offer you is the response to the Scottish Executive from those who have taken the trouble to sit down and write their views on what is a rather vexed issue. They are overwhelmingly in favour of the powers going to the national park authority. I believe that the figure is 75 per cent.

I am slightly reluctant to go into the controversies, because I want the national park to be forward looking. There have been some hurtful controversies, particularly on matters such as ski development and bulldozed tracks. Others may arise—for example, water supply from the mountains for the housing developments that are planned. The development of Loch Einich to supply the water needs of Badenoch and Strathspey is very much on the cards.

I do not necessarily want you to go into the detail of every controversial planning issue. I just want you to give me an example of how you think controversy could be avoided under your proposals.

Mr Wright:

Part of the problem is that, within the planning authorities in the past, the various parties have ended up in an adversarial position. That is perhaps a fault in the planning system. In the national park authority, all the stakeholders—10 out of 25 will be from local authorities and five out of 25 will be directly elected—will have a much greater opportunity to take part in the planning process, rather than just submitting their letters and views. There will be a real opportunity to resolve controversy in the future through a widely supported local plan.

Mr Jamie McGrigor (Highlands and Islands) (Con):

I certainly do not dispute what you have said about the beauty of the hills above Blair Atholl or the Angus glens. What do you say to the argument that if the park is too large there will not be sufficient funding to do enough in any part of it?

Mr Wright:

We cannot change the fact that we have a fantastically large beautiful area. To put an administrative line through it is, to get back to your point about beauty, almost like saying that we can afford only two thirds of the Mona Lisa. In relation to meeting the requirement of the act on coherent identity, distinctive character and outstanding heritage, the Cairngorms include the Atholl hills and the Angus glens.

John Farquhar Munro (Ross, Skye and Inverness West) (LD):

I see from the wording of your petition that you are suggesting that the powers of the Cairngorm national park authority be as comprehensive as those for the Loch Lomond and the Trossachs national park. If I heard you correctly, you accepted in your answer to Mr Ewing's question that there was a difference between the English national parks and national parks in Scotland.

Mr Wright:

Yes.

Do you accept that what is applicable to the Loch Lomond and the Trossachs national park might not be appropriate for the Cairngorm national park?

Mr Wright:

I would argue that the similarities between the two outweigh the dissimilarities. Clearly the act provides for different circumstances for different national parks in Scotland. There would be strong dissimilarities in national parks in places with only one local authority. The provision for the management of Rum or St Kilda, should they ever become part of a national park, would have to be different again. It would be odd to have direct elections in somewhere such as St Kilda, where a few members of Her Majesty's Army would be the only people who could be directly elected.

Mary Scanlon (Highlands and Islands) (Con):

I note that your petition refers to the powers of the national park authority. You spoke about the shrinking of the proposed area. I want to ask two brief questions. First, you said that the Executive had ignored the views of communities. Will you give me evidence to substantiate that statement? Secondly, you said that various communities were scunnered. I understand the word "scunner" very well, but will you tell me how scunnered communities are manifesting themselves and what damage has been done?

Mr Wright:

Considerable damage has been done. A considerable amount of time and effort was devoted to a comprehensive consultation exercise, which Scottish Natural Heritage might talk about later. In some cases, members of the community, community councillors and community leaders were asked to facilitate the public meetings that took place. Since then, certainly in the case of Blair Atholl and the Angus glens, people have become so fed up that they have almost given up on the process. In other words, what happened was far removed from what was anticipated. You must not forget that expectations were raised during the consultation process. They were also raised by the Cairngorms Partnership, in which all the communities were involved.

An audit was conducted of the participants and people who facilitated the public meetings and who tried to engage others in the process. One of the questions that the auditors asked the facilitators was whether they would get involved again. Let me quote two of the responses that were given to that question. One person said:

"I would do this again if we get positive feedback from the Scottish Executive, if not then no. If no notice is taken of our comments then it is not worth it".

Another said:

"Future success will hinge on the evidence of input in the report and decisions."

Mr Rumbles:

Does Bill Wright have any comments on the Edwards report? John Farqhuar Munro commented on the different decisions that are being made for different parks. Does the experience of parks south of the border have a bearing on where we should be going with the Cairngorms national park?

A short paragraph from the Edwards report, which deals with English parks, crystallises my question. The report said:

"We endorse the view that the present dual system for administering development control—involving both the district councils and the park authorities in handling, appraising and making a judgement on the merits of applications—is wasteful and confusing for the public. In the interests of efficiency and clarity, we propose that the national park authorities should have sole responsibility for receiving, processing and determining planning applications."

The report went on to say that it welcomed proposals for legislation in that area. Do we have anything to learn from the English experience?

Mr Wright:

I used to be employed south of the border and gave evidence to the Edwards panel. Although there are clear differences between the situation in England and that in Scotland, the planning systems across the UK are similar. The planning system has customers, such as those who apply for permission to build extensions on to their houses and those who want to engage with the system in order to make representations about applications. Where split systems exist, the problem for people is knowing where they should go to in order to make representations on local plans or structure plans or to submit planning applications.

Let us consider what will happen when disputes arise between the local authority and the national park authority. If we pursue the split-system line, it is probable that more applications will end up on ministers' desks. That is in the interests of no one. It will create problems for ministers and, potentially, for the committee. It will certainly create problems for applicants and those who take a counter point of view. It will add an extra six months to the planning process.

I apologise to Elaine Smith, whom I did not mean to call last. Please make sure that I catch your eye if you want to ask a question.

Elaine Smith (Coatbridge and Chryston) (Lab):

My question will be brief. You will correct me if I am wrong, Mr Wright, but I detect a certain amount of unhappiness in your comments on the consultation exercise. The committee is meeting in Kingussie today to take evidence that we will feed back to the Executive. When the minister met the committee last week, he indicated that he would listen to the evidence that the committee brings back from today's meeting. I would like to probe you a little more. Do you think that the decisions have been made and that that is the end of the matter?

Mr Wright:

Having looked at the Official Report of the committee's meeting, I am a little more encouraged by what the minister said. However, members should remember that, when we submitted the petition in March, our big fear was that the committee would face a yes-or-no situation, in line with the provisions of the National Parks (Scotland) Act 2000—either the committee would want the national park that the Executive presented, or it would not. It is difficult to say no. Given the potential controversies over the proposal, we thought it important that the committee had the opportunity to give the minister its tuppenceworth and to make a proposal with which it might be a bit happier, rather than a potentially controversial proposal.

I remain deeply unhappy about the fact that the minister says that he will produce an alternative proposal by the end of October. Serious practical issues exist with redrafting a final designation order, drawing meaningful lines on maps and surveying the ground to present the committee with legislation that means something.

The Convener:

Thank you. We must move on, as we have overrun considerably on agenda item 1. I do not doubt that we will hear more about planning powers as the afternoon progresses, so I suggest that we conclude consideration of petition PE481 by formally noting its contents. We will take into account the discussion that we have had on it when we produce our final letter to the minister.

I am happy with that, provided that we make a decision on the matter in public by the end of the meeting.

The decision that I suggest is that we note formally the contents of the petition and bring the details of the discussion to our considerations later.

Mr Rumbles:

I am unhappy with just formally noting the contents. If we are to discuss the pros and cons of the petition, we must make a decision. However, I will understand if you think it more appropriate to wait until we have heard all the evidence on the other issues.

I am happy to go down the route of delaying consideration of the petition until we have heard further evidence today. Are members content with that?

Members indicated agreement.


Cairngorms National Park (PE555)

We come to Campbell Slimon. I ask you to forgive me for mispronouncing your name earlier and, without further ado, I invite you to address your remarks to petition PE555, which is on behalf of Laggan farmers action group.

Mr Campbell Slimon (Laggan Farmers Action Group):

I farm in partnership with my son and daughter-in-law. We have 1,300 blackface ewes. We also have 80 out-wintered suckler cows crossed with Angus and shorthorn bulls and we sell their in-calf heifers at two years old.

My son is the fourth generation on the farm, as my grandfather took over the tenancy of Crubenbeg in 1927. Crubenbeg stretches from six miles north of Dalwhinnie down the A9 to the Drumochter summit. In 1951, we also took over the tenancy of Breakachy in Laggan, which we now own.

In comparison with some signatories to the petition, we are just white settlers. The MacDonalds, Frasers, MacGillivrays and Grants have farmed for generations, as have the Rosses, MacBains, MacKenzies and MacKintoshes in this part of the strath.

Cairngorm farm wildlife advisory group, which covers the area from Dalwhinnie and Laggan to Glenlivet and Tomintoul, facilitated the meeting from which the petition was born. As vice-chairman of the group, I was chosen to represent Laggan farmers and crofters today. I am a past president of the National Farmers Union of Scotland in the Moray and Nairn area, which includes Badenoch and Strathspey. I am also a member of the Blackface Sheep Breeders Association and represent Inverness-shire on the British Wool Marketing Board.

I thank the committee for allowing me to be present and for the help and advice that its staff in Edinburgh gave us. We appreciate that our submission was late, which was largely because the consultation period was short and coincided with gatherings, shearing and silage making.

I assure Mr Slimon that the fact that I am wearing the centenary tie of the Blackface Sheep Breeders Association is entirely a coincidence.

What are the main reasons for including the parish of Laggan? What is your view on the other areas that may seek inclusion, such as the Angus glens and Blair Atholl to the south?

Mr Slimon:

I would not like to comment on the other areas. Laggan parish is different from those areas because all the rest would look out of the park for their main markets and services. In Laggan, we would look into the park for our vet and our banks, for example. Everything would be in the park, so we would be cut off. If we looked west, we would go to Lochaber, which is totally different. All our links are with Strathspey and Badenoch.

Is it your view that the whole of Badenoch and Strathspey should be included in the park?

Mr Slimon:

Yes.

Rhoda Grant:

I was lucky enough to be shown around the area about which you are concerned. I was impressed by some of the farming practices that are being followed there. Can you say a little more about the environmentally friendly practices that you are employing?

Mr Slimon:

When the Cairngorms straths environmentally sensitive area was set up, Laggan was at the forefront of that process. I am regenerating birch woodlands. Badenoch and Strathspey has more wading birds than any other area in Britain and Laggan compares favourably with the rest of Strathspey on that issue. The environmental work that is done on our farms bears comparison with the work that is done in the areas within the proposed boundaries of the park.

How would that environmental work be affected if Laggan were not included in the park area?

Mr Slimon:

We do not know what the future holds, but at the moment people need a certain number of points to be eligible for the rural stewardship scheme. They would receive a point automatically for being within the national park and if we are excluded from the park, we will be automatically downgraded.

Richard Lochhead:

At times it is very difficult for the committee to hear the views of ordinary people, because we receive so many submissions from organisations that claim to represent other people. Do you believe that you represent a large number of ordinary people in your community? How many people do you represent?

Mr Slimon:

There are about 200 people in the parish of Laggan. As the petition points out, I have played my part in placing farming at the forefront of various community projects that are under way in Laggan. We have forestry, a community-owned shop and five community-owned affordable houses. I do not think that such houses exist anywhere within the proposed boundaries of the park. We have a hall and we have taken various other initiatives.

Your submission is very strong. We hear a great deal about the theoretical disadvantages of being excluded from the park. What would be the practical disadvantages for your community of its being excluded from the national park area?

Mr Slimon:

English national park representatives who have visited us have pointed out that areas that are just outside national parks are strongly disadvantaged when it comes to tourism. Visitors to the area, especially foreigners, will want to stay in the national park. It is worse to be just outside the park boundary than it is to be 30 miles away, in places such as Lochaber.

Would any other community be left out of the park if Laggan were included?

Mr Slimon:

No. In my view, the best boundary was the line that was proposed by the Cairngorms Partnership, which follows the watershed of the Spey. Under the current proposals, the management of the Spey will be cut in two.

Elaine Smith:

Your petition relates principally to the boundaries of the park. I want to ask you about the other issue that has been raised, which is planning. How do you think that planning for the national park would best be managed? If planning powers were passed totally to the national park board, would that have implications for the time and resources of the board?

Mr Slimon:

As husband of the local councillor, perhaps I should not answer that question.

You certainly do not have to, given that your petition does not refer to planning.

Mr Slimon:

I will say that, when we found that we were outside the boundary, we reflected that one of the reasons why we would not want to be in the park was that we would not be subject to planning restrictions. However, we now understand that being just outside the park means that the same planning restrictions will be placed on us, for a reason that was mentioned earlier. It is desirable for the planning conditions at the border of the park to be the same as those that apply within the park. We do not want to have a dump just outside the park, for example. It is likely that the same planning restrictions will apply outside as well as inside the boundary.

Have you ever been given any reason why the parish of Laggan was left out of the park? Can you think of any reason yourself?

Mr Slimon:

The only reason relates to the form of funding involved. As was mentioned, the Executive wanted the park to be as small as possible. If the park is not properly funded, it is not worth having it.

Mr Rumbles:

You are asking us to do all that we can to include the parish of Laggan in the national park. What percentage of the population of the parish of Laggan supports the petition? What evidence do you have that the community really wants to be within the national park?

Mr Slimon:

Our evidence is only from the farmers and crofters, but I can assure you that the level of support among them is 100 per cent.

What about everybody else?

Mr Slimon:

The community had a meeting, at which there were representatives from Mr Rumbles's part of the world to explain the situation. A vote was taken, and the result was 2:1 in favour of being inside the boundary. A voting paper was also circulated, and the result was 80 per cent in favour. There was just a small return on the vote, but time and again, people commented, "We don't know what we're getting."

You say that it was a small return. Can you give me an idea of the number?

Mr Slimon:

I think that the response rate was 25 per cent. If we take the number of households, it could be considered to be higher, presuming that there is more than one person per household.

If we look at the map showing the proposed boundary, Laggan is in a loop on the side. If you were to take a pair of dividers and put one point at the top of Cairn Gorm and the other at the easternmost boundary at Aboyne and then swing it round, that would extend beyond Newtonmore, where the line is currently drawn; it would not stop at Laggan, or even at the head of the Spey, but goes right over to Fort Augustus. We are very much nearer the top of Cairn Gorm than the easternmost point of the park.

Apart from getting a point towards the rural stewardship scheme, what specific agricultural benefits would you gain from inclusion within the boundary? Would there be any specific agricultural disadvantages to being left outside?

Mr Slimon:

The question of green tourism may arise. We are now rural stewards and there will, we hope, be some kind of funding for us to continue to look after the vast farmed area.

The Convener:

Thank you all. I particularly thank Mr Slimon for answering the committee's questions. Would I be safe in assuming that committee members are content to deal with petition PE555 similarly to the previous petition, and to delay consideration of it until we have heard further evidence?

Members indicated agreement.

I thank Bill Wright and Campbell Slimon for their time.