A Scottish Government reporter has upheld enforcement over the creation of a controversial track across an Angus Glens hillside in what campaigners have claimed is a landmark ruling.
The decision ends a long-running battle over the 1.5 kilometre track after the appeal lodged against Cairngorms National Park Authority’s enforcement notice ordering landowner Hugh Niven to remove it.
In a newly-released judgement, Scottish Ministers reporter Allison Coard upheld the enforcement notice and ordered the land to be restored “so far as is reasonably practicable” within one year.
Mr Niven had argued the track was essential for forestry and farming work, transporting tourists to the Glen Clova Hotel and servicing a hydro plant in the glen.
He was previously given 12 months from last October to complete a series of remedial works under the enforcement, including the removal of “spoil mounds” reported next to the track.
Mr Niven argued his work to “formalise” and develop the “existing route” had not broken planning rules.
The reporter said there was “ambiguity” about when the track works had been carried out but added Mr Niven had not “adequately demonstrated that the
substantive engineering operations” were “immune from enforcement”.
Ramblers Scotland policy manager Helen Todd, the co-convener of the LINK Hilltracks campaign group, said: “This is a landmark result, and sadly one of very few examples of an authority feeling able to commit enough time and money to retrospectively tackle unauthorised tracks.
“This ugly track is scarring the landscape in this historic, protected glen – and we look forward to seeing the hillside restored within the coming year.
“All Scottish landowners should take note of the decision, and the expensive restoration job that the landowner will now need to carry out.”
Beryl Leatherland of Scottish Wild Land Group, also co-convener of the LINK Hilltracks group, said: “The case highlights the urgent need for the Scottish Government to introduce stronger controls over vehicle tracks in our hills – to boost local democracy, improve construction standards and protect precious environments from further damage.”
Currently, landowners simply need to tell authorities before building tracks to support agriculture or forestry and full planning permission is generally not required.
Campaigners say they believe tracks are often created to support shooting activities and therefore should be subject to a planning application.
Mr Niven declined to comment on the appeal outcome.
