Question marks hang over whether Helensburgh’s Duchess Wood will maintain its status as a ‘local nature reserve’ when Argyll and Bute Council hands over control of the site later this year.
Advice from Scottish Natural Heritage (SNH) has indicated that designated Local Nature Reserves (LNRs) must be owned or leased by their local authority.
The council is due to hand responsibility for management of the wood over to Luss Estates when its current agreement expires later in 2020.
Members of the wood’s LNR committee hope to gain clarity over whether it can maintain LNR status once that happens.
The committee’s chair, Helensburgh councillor Lorna Douglas, said at a meeting today: “It was not Argyll and Bute Council that designated the Local Nature Reserve status – we inherited it.
“It means that the area designated has to be seen to be managed, so it is a conundrum on how it is going to be managed once control is passed.”
Shona Barton, committee manager with the council, said: “I have consulted with one of our solicitors, who said that in her view, a Local Nature Reserve must be owned or leased by the local authority.
“We have also had information back from SNH confirming what the solicitor said, but it is open to interpretation.
“It only relates to the designation of LNR status, so I have asked the solicitor for clarification and once I have it I will let the committee know.
“As it stands, the council’s view is that it is not going to be quite as easy as we thought it would be to carry on with LNR status.
“But that is before the solicitor has seen the latest update.”
In a document published on its website, SNH states that a proposed LNR should “be owned or leased by the local authority, or be under an agreement from the owner or tenant.”
Martin Grafton, secretary of the Friends of Duchess Wood, called for clarification to be sought in time for the committee’s next meeting on June 9.
Mr Grafton said: “One thing from my point of view is that it says ‘prior to declaration of LNR’, so what is SNH’s view on sitting LNRs?
“If you look at what an LNR tries to do, I don’t think it is incompatible with how we would wish to manage the wood anyway.
“Something has to happen in June, whether this is allowed to continue or not, and I am not sure who makes the decision.”
He then added: “We must ensure we drive the agenda and not get driven by it.”
Surveyors ‘found clearly dangerous trees’
Cllr Douglas said: “It would be good in June to actually know what is going to happen, just to be able to say that this is the way forward and what is needed to maintain the woods.”
Meanwhile a tree surveyor has defended the report which led to the woods’ closure – after the document was branded “over-zealous” by a councillor.
A spokesperson for TD Trees said: “It is the duty of the land owner under the Occupiers Liability Act 1984 to maintain the land and any structures or trees thereon to minimise risk to any persons who may enter that land.
“Having a survey carried out and acting on the recommendations of that survey would fulfil the duty of care in the above-mentioned Act.
“Our surveyors are trained in inspecting trees to identify potential hazards which could present a danger to life.
“We have presented our survey to the landowner with the expectation that they will act on the findings of that survey.
“The report reflects the conditions we found. We have identified clearly dangerous trees which have a higher than normal chance of failure.
“In this case it is our understanding that no budget could be found to carry out the necessary remedial works and therefore they have had no option but to close the park.
“We support this decision – imagine if a fairground remained open despite a report telling them that the rides were dangerous. Such decisions can lead to prosecutions and corporate manslaughter charges.”
It would be great to keep the woodland as natural as possible where trees and other plants grow, flower, age and die.
The nonsense of closure because a tree might fall over is H&S gone mad. Look around the wood, there are trees growing, fallen and rotting tree trunks and all stages in between.
I walk my dog through regularly and balance the minimal risk against the undoubted pleasure from these wild and untended woods. In a few months the Bluebells will flower and the butterflies will be everywhere. I can hardly wait.
ABC must NEVER approve planning permission for these woods to be built on.