A NEW row has begun over access to the grounds of a former residential arts centre being sold off to private developers by a Scottish council after the masterplan was published.
Nineteenth century mansion Castle Toward hosted generations of schoolchildren in arts and outdoor education programmes until its closure in 2009.
A community bid to buy the site for £850,000 failed and last summer Argyll and Bute Council, which valued the site at £1.75 million, named entrepreneurs Keith Punler and Denise Purdie as the preferred bidder last summer.
The couple revealed proposals to transform the site into a wedding venue and hotel with a deer farm, holiday cottages, cosmetics production centre, arts venue and affordable housing.
Though the sale is yet to conclude, a masterplan outlining details of the couple’s vision has now been submitted. It tells how the couple want to create an “economic and cultural asset for the Cowal peninsula”, with extensive work to gardens, driveways and buildings.
However, it also states that a charge will be made for public access to the grounds to support the “upkeep and renovation” of gardens and excludes a recognised right of way in the estate. The route is listed by outdoor access group the ScotWays association as a “claimed” public right of way, with no court order needed to make its status official.
However, opponents say the route has been in use longer than living memory and the public must not be charged to access the much-loved amenity.
A number of complaints have now been submitted to planners, with one claiming the proposals “blatantly disregard the public’s right of way” and another stating: “These routes have been used by the public for over 100 years and I strongly object to either fees being charged or swathes of the grounds being inaccessible to the public.”
Concerns were also raised at a community council meeting attended by the developers last week.
However, in an email to a planning officer, Punler and Purdie said expectations of full access had been raised “among certain members of the public” because the estate has been unoccupied for three years and change is “inevitable”.
The couple wrote: “The estate historically has had restricted access to members of the general public, firstly having been a private residence for the first 130 years of its existence, and then in the late 1940s becoming a school which relied upon restricted access for the security of children.
“This continued to be the case, as noted in signage and former planning applications and council memos, during the late 1990s right up until 2013, when the estate ceased being used as an outdoor activity school.
“During the last three years members of the public have gained additional access due to the absence of any occupier/occupational activity of the estate, but this in itself has not created any further rights, albeit that it may have raised the levels of expectations from certain members of the public.
“It also should be borne in mind that the primary purpose of the submitted proposals is to seek to secure the future of an important listed mansion house that is now suffering badly from neglect, and that for an effective financial future of the estate, change from the current status quo is inevitable.”
The message continues: “We are aware that certain members of the public have recently alleged that there are further rights of way across the estate, but this is not recognised legally or by Argyll and Bute Council. ScotWays have taken cognisance of the claims but have confirmed that there is not enough evidence to consider that these are either “asserted” or “vindicated”, and these are therefore recorded as “claimed”, which has no legal foundation.
“Evidence from the previous history of the estate, from previous signage on the estate and previous planning applications and council memos confirms that there remains only one right of way on the estate, which serves to form the route of the core path.”
The council said its focus is on “delivering a prosperous future for Castle Toward that benefits both the local and wider community” and responses from the public will be considered as part of the planning process.
Meanwhile, Historic Environment Scotland is preparing a response about plans for work on the listed building, following a site visit on Monday.
Painter Alison Watt, Travis frontman Fran Healey, Breaking Bad star Laura Fraser and sculptor Andy Scott were among famous names to support the I Heart Castle Toward campaign opposing its sale to private developers last year.
Second hearing for councillor
A COUNCILLOR at the centre of a conduct row is to be called to a second hearing after a day-long session failed to reach a conclusion.
Charges against Argyll and Bute councillor Michael Breslin were only partially heard when the Commissioner for Ethical Standards in Public Life in Scotland (CESPLS) took evidence in Kilmory on Tuesday.
The Independent politician was reported to the body by four senior officials at the local authority over comments made in emails regarding a number of local issues, including the sale of Castle Toward, operations at Rothesay Harbour and terms and conditions for contracted care workers.
During the public session, Breslin’s solicitor argued that he had not broken the Councillor’s Code of Conduct and is protected under Article 10 of the European Convention on Human Rights, which protects free speech.
He also drew from case law to back up his argument.
However, in written findings, Commissioner Bill Thomson said Breslin had broken rules on treating council employees with respect in internal emails, while a number of other charges were not upheld. While these documents have been made public, Breslin’s written statement – the contents of which he said would “shock” the complainants and cause “bad press” for the local authority – has not.
The process continues and Breslin, who represents Dunoon, said: “I am disappointed that this 16 month process did not reach a conclusion on Tuesday, especially when the hearing panel agreed they had all the necessary information.
“Even if they do find against me, I will be taking an appeal to the Sheriff Principal because I am convinced there was no breach of the code of conduct.”
CESPLS does not comment on live investigations.
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