Willowgate Fishery ordered to cease trading
A Perthshire trout and salmon fishery has been told to cease trading with almost immediate effect in a move that has stunned its owners.
- By Sandra Gray
- Published in the Courier : 25.01.11
- Published online : 25.01.11 @ 08.37am
Perth and Kinross Council has taken tough enforcement action against the Tay Salmon Fishing Company Ltd, operators of the Willowgate Fishery at Kinfauns, which had been set to be nominated for a major national conservation award.
The business, which opened in October 2009, has even been working with the council on projects, but has now been found to have breached planning controls in that it did not have permission to change the original use of the land.
The unauthorised alterations appear to include the flooding of what was formerly agricultural grazing land to create the large body of water used for fisheries.
According to the council, the operators have been given numerous warnings about the breach and have previously been given the chance to correct matters by submitting a retrospective full planning application.
Those have apparently gone unheeded and the Tay Salmon Fishing Company has now been given 30 days to cease operating, with a deadline set for February 4.
A linked, but separate enforcement order relates to a former fishing lodge on the site which has over time been converted into a public cafe.
The council had received complaints about the site and has now taken action to shut it down, with the enforcement order stating, "In view of the lack of proper assessment and the existing access considerations and road safety concerns, the planning authority considers that a planning application for the shop and cafe would not be granted planning permission in its present form."
Frustrated
However, chairman of Tay Salmon Fisheries Company David Clarke said he had been left "hurt and frustrated" by the decision.
"I have tried to negotiate with the planners unsuccessfully over the last two or three years," he said.
"It beggars belief that they have done this to us.
"The planning process has been anything but straightforward and it's felt like the goalposts have continually shifted."
Mr Clarke said he had complied with the enforcement notice, but had instructed lawyers to look at matters while he continues to negotiate with the council.
He added, "I have to apologise to all the people who have enjoyed the facility we have built here at Willowgate.
"This will be a loss to the local economy because people came from all over the UK to fish here, not to mention visitors from around the world, including America and Scandinavia.
"We also created several jobs and these will likely be lost."
It is an unusual turn of events given the close working relationship the fisheries has had with groups, including the local authority, on a number of innovative projects, including a river taxi between Elcho Castle and Willowgate, which received Rural LEADER funding.
They have also been playing a role in the Tay Regeneration Project, a partnership between Fife and Perth and Kinross councils and the Tay Salmon Fisheries Company that aimed to rekindle interest in the Tay.
Should further talks with the council fail, Mr Clarke has the right of appeal to the Scottish ministers, though he said last night that such an action was unlikely.
"I've tried to do the right thing but either I've got it wrong or they've got it wrong and I have to make a decision to progress or pack my bags," he said.
02.33pm - 25.01.2011 Kate Clark - Perth, Scotland Report This
I am devastated that the Willowgate is closing for good, my grandson (14) worked in the kitchen, learning skills from the chef as Drew wants to go into catering. I have lost my hobby and there is very little else in Perth for a pensioner. The cafe was a great place for people and was extremely busy.
04.47pm - 25.01.2011 TOM CARROLL - Newton Aycliffe, Co Durham Report This
This is just stupid . As a charity based in Co Durham helping children and disabled anglers to get more from life we had booked two days at this fishery in march a group of 8 people staying in a local B&B at a cost of £400 pulss god knows how much more on food and drink plus fees to fish . <br />
05.37pm - 25.01.2011 Bob Mclean - Perth, Perthshire Report This
I really am gobsmacked to hear that Perth and Kinross Council have closed Willowgate fishery!This is ,to me yet another example of PKC stupidity!I hope David Clarke continues and I am sure he will gain the support of the people of Perth.Time the council started working FOR the people and not against
05.40pm - 25.01.2011 Paul Mclean - Perth, Scotland Report This
Im disgusted by this story. Im 23 yr old and I learned to fish at willowgate and its grown into a hobby that will last me for life.. a real disapointment for me and i bet alot of young lads looking for something to do around perth. the guys who worked there will brilliant and the place was excellent
09.24am - 26.01.2011 Muscleguy - Broughty Ferry, Scotland Report This
Some people seem to think that the rules don't apply to them and that they can just do things without waiting for planning permission to do so. I'm sorry but I have no sympathy for people like that. It is also not good business to leave yourself so open to action like this.
12.31pm - 26.01.2011 Colin - Perth, Scotland Report This
AHEM! - PLANNING PERMISSION. To all of those 'bleating' about the injustice of it all, remember it is with good reason you must apply for permission BEFORE commencing any development. If not for this minor (& inconvenient?) detail, we could easily be looking at a riverside incinerator too!
04.19pm - 26.01.2011 Paul - Perth, Scotland Report This
They should not only be closed but fined as well. It's not the fault of the council that this fishery is closed, it's the fault of those you thought they were above the law. Stop moaning at the wrong people & start blaming the owners. Plenty other places to fish anyway. They are not above the law.
06.50pm - 26.01.2011 Tricia - Perth, UK Report This
For those who seem to think that Willowgate is in the wrong, a little bit of clarification may be in order. Tay Salmon Fisheris have planning permission written into their deeds for the land when it was purchased. Their legal advice has been that they do not require planning permission.
10.09pm - 26.01.2011 Bob - Perth, Scotland Report This
Actually PKC DID grant outline planning permission for incinerator but this was found to have been done illegally and was revoked after community protests
09.49am - 27.01.2011 Colin - Perth, Scotland Report This
"Clarification"? Surely if Tay Salmon Fisheries had also sought this prior to flooding agricultural land (prone to floods, I know) and had requested permission for change of use of a fishing lodge to retail, why would PKC now be insisting on closure? It'd be niave to invest without doing this first
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