In 1965, Educational Films of Scotland made fascinating film narrated by Scottish actor Moultrie Kelsall about the history of Grangemouth from 1750 to modern times (1965). Among the highlights of the film is the focus on the role of Grangemouth Town Council as a local, democratic enabler of economic development. In Kelsall’s words,

I think that Grangemouth has been very well served by a succession of hard-working, and enterprising, forward looking Town Councils.”

Take the time to watch the film. Click on the image below or here.

Today, Grangemouth is in the news in relation to the future of the petrochemical plant and oil refinery. The plant operator, Ineos owns the petrochemical plant and is a co-owner of the oil refinery with PetroChina Company Limited.

To facilitate this investment with Petrochina, the Registers of Scotland, agreed to admit a voluntary registration of the  land in the land register. As reported in the Law Society of Scotland’s journal, the Keeper of the Registers was keen to highlight how registration can enhance the confidence of an investor by providing a state-guaranteed title.

Grangemouth Oil Refinery

Deborah Lovell, a partner in Anderson Strathern LLP’s Commercial Real Estate team, commented on their voluntary registration of Grangemouth Refinery.

“The voluntary registration process was used recently on behalf of our client, INEOS, for their landholding comprising their oil refinery and petrochemicals facility at Grangemouth and terminal at Finnart, all held on the historic General Register of Sasines. The registration of the land was key to a number of strategic deals involving transfers of the landholding, the reorganisation of the client’s funding arrangements, and the involvement of a new foreign investor. The benefit of the voluntary registration for our clients included speed and certainty for all parties, which was of major assistance in enabling the parties to achieve their goals.”

The Ineos site is registered under two titles (for links see below).

The petrochemical plant is registered in STG29375 and is owned by Ineos Chemicals Grangemouth Ltd. which is a company 100% owned by Ineos Europe Holdings Ltd. which is a company 100% owned by Ineos Jersey Ltd.

The oil refinery is registered in STG64980 and is owned by Ineos Manufacturing Scotland Ltd. which is a company 100% owned by Petroineos Manufacturing Scotland Ltd. which is a company 100% owned by Ineos Refining Li Ltd., a joint venture company between PetroChina Company Ltd. and Ineos Investments (Jersey) Ltd. This join venture company is not registered in the UK but probably in China and the “Li” in the name is probably a reference to Chinese Vice Premier Li Keqiang who, with Nick Clegg, witnessed the deal in 2011.

Curiously, the salmon fishing rights in the River Carron and 1486 hectares of the Firth of Forth are owned by BP Exploration Operating Company Limited under title STG27415.

Grangemouth Town Council was abolished at midnight on 15 May 1975 by the Local Government (Scotland Act) 1973 which received Royal Assent 40 years ago on 25 October 1973.

I hope someone returns to Grangemouth and makes a follow-up film to Moutrie Kelsall’s 1965 account. From indigenous local endeavours by Scottish businesses and municipal enterprise, we are now in a world of local government which is not local and does not govern and a world of global footloose private equity firms based in tax havens.

This is all about power.

TITLES

STG29375 (1.5Mb pdf)
STG29375 (plan) (2.9Mb pdf)
STG64980
STG64980 (plan) (3Mb pdf)
STG27415
STG27415 (plan) (6.9Mb plan)

 

The story so far…….

Dr Kenneth Brown wrote a guest blog (here) discussing the harassment he faced going about his lawful business at Ledgowan Estate, Achnasheen, Ross-shire. This led to quite a few comments and emails recounting similar such incidents at Ledgowan over the past few year since Andrew Simpson took over ownership of the estate.

This in turn led to the revelation (to me) of the 18 km track that has been crudely bulldozed across the hills under Class 18 Permitted Development Rights whereby developments for agricultural use are exempted from the need for planning consent. Despite recommendations from Scottish Government officials in 2012 that such tracks be subject to normal planning rules, Derek Mackay (Minister for Local Government & Planning) under pressure from farming, landowning and forestry interests, refused.

Since publishing these blogs, more information and insight has come to light and I thank all those who have been in touch.

Agricultural Use

It is now confirmed that the road was built for agricultural activities. A number of hill farmers have been in touch with me. None can see any conceivable use for a road of this length, routing, construction or quality in this particular place. So what is it for? Simpson’s own website implies it is for trout and salmon fishing and wildlife safaris.

A previous application for a windfarm was refused on landscape grounds. A second application for a smaller development of two turbines was submitted and then withdrawn. Andrew Simpson currently has a live application for one 50kw turbine (Ref 12/03182/FUL). How convenient it is that there is already a road built to service it. How convenient also that any opposition to an application for a bigger scheme on landscape grounds is now much weakened by the fact that the road has now inflicted significant damage to the landscape.

Interestingly, SNH concede this fact in their comments in the current application where they point out that “the proposed turbine is located on terrace 2 within the SSSI. We agree that a turbine located here, with no need for additional tracks minimises damage to the main features of the site.” This  remember is a track that has smashed right through Terrace 1 and 2.

Pollution

The unauthorised construction of this track raises questions about pollution. A prominent expert in such matters has highlighted to me the possible issues with drainage, run-off and sediment loading. The road has been hastily constructed in an inexpert manner across numerous watercourses. It is clear that substantial works have been carried out on the loch shore. Have these works ever been approved by the Scottish Environmental Protection Agency (SEPA)?

UPDATE 25 OCTOBER 2013

I wrote to SEPA on 14 October 2013 and asked them,

Could you provide me please with any information that SEPA holds in relation to activities on Ledgowan Estate, Achnasheen.In particular I am interested in the road that has been constructed and, for example, whether the estate has a CAR licence under the Water Environment (Controlled Activities) Regulations 2011 for the water crossings and works by Loch a Chroisg.”

SEPA replied today and told me that they held no information in relation to the track, pointing out that if the watercourse crossings had been “done in accordance with General Binding Rule 6, then SEPA would not need to be involved”. We do not know, of course, whether such rules were followed.

More interestingly, in relation to the works on the shore of Loch a Chroisg, SEPA refused to release the relevant information.

Please note that SEPA is aware of engineering activities in Loch a Chroisg undertaken by Ledgowan Estate in June 2011 which resulted in the alteration of the watercourse. The work was carried out without a licence. SEPA holds information relating to this however the information has been withheld from release at this time under Regulation 10(5)(b) of EIR which states:

’10(5) A Scottish public authority may refuse to make environmental information available to the extent that its disclosure would, or would be likely to, prejudice substantially … (b) the course of justice, the ability of a person to receive a fair trial or the ability of any public authority to conduct an inquiry of a criminal or disciplinary nature.’

The Public Interest Test was carried out in relation to the information to be withheld under regulation 10(5)(b). To disclose evidence in a case prior to it being considered by the Procurator Fiscal, thus putting it in the public domain means the accused may not receive a fair trial.”

It therefore seems clear than an alleged offence has been committed under Section 44 of the Regulations and that criminal proceedings may follow.

The full reply from SEPA is here.

I have written to SEPA inviting them to investigate whether or not the 2011 Regulations have been followed in the construction of the new track.

UPDATE 29 OCTOBER 2013
SEPA has responded:-

SEPA will arrange to visit the site and look into your complaint. Once we have done so, we will get back to you and let you know the outcome of our findings.

 

It appears that the new landowner takes quite a hostile approach to the local community as is evident from this Community Council minute of February 2012 regarding a dispute over pedestrian access along a now disused public road.

The Chairman read out a letter from Helen Christie raising issues about access to Ledgowan Estate, threatening behaviour, construction of hill roads and the access across the bridge. Dave Mackenzie (an employee of Ledgowan Estate) stated he hadn’t stopped anyone and that the estate will abide by the law.”

Highland Council has now issued a Traffic Regulation Order permitting pedestrian and cycle traffic to continue to use this short stretch of the former A890 (council paper and minute).

During 2011, there was considerable disquiet among residents of Achnasheen about the construction of the new track and numerous complaints were made to Highland Council. On 5 August 2011, Dave MacKenzie submitted a Freedom of Information request to Highland Council asking for details of complaints that the Council had received. The Council complied with the request but redacted the personal details of those who had made the complaints. Mr MacKenzie asked for a review of the decision and subsequently appealed to the Scottish Information Commissioner who, in her decision, stated that,

Mr MacKenzie is an employee of the owner of the Ledgowan Estate. He has explained that his request was motivated by the harassment and disruption to the progress of work that he was feeling as a result of the Council’s response to complaints, which he considered to be made by individuals or organisations that appeared to be either ill-informed or motivated by malice. He explained that he wanted to know the identities of those making complaints in order to inform them of the reason why work was being carried out.”

Creepy.

As is clear from Mr MacKenzie’s attendance at the Community Council meeting, he had (and continues to have) ample opportunity to “inform” people of “the reason why work was being carried out“. As for the harassment, disruption and malice which he refers to, let’s note one incident that took place just before Christmas 2011.

A number of residents noticed that their oil-fired heating systems stopped working. Upon inspection, an engineer found that holes had been drilled in their oil tanks, with the the contents seeping into the ground all over their gardens. The police investigated these criminal acts but found insufficient evidence to take further action.

In another incident, a person closely connected with the estate was caught digging a badger sett. Again the police were called but insufficient evidence was available and the perpetrators claimed that they had been looking for foxes.

Earlier this year a black-throated diver was found dead having been “shot by a high velocity projectile”.

The above incidents may have nothing to do with the estate. They may (although it appears unlikely) have entirely innocent explanations.

What’s going on?

Public access to land has been a source of conflict in Scotland for a long time but matters have improved in recent years following the Land Reform (Scotland) Act 2003 which provides a right of responsible access to land. Every so often, however, stories appear that suggest there is still some way to go before Scotland can be anything like a normal country in which its citizens can enjoy the great outdoors in peace and quiet. Today, this account was sent to me by Dr Kenneth Brown from Glenmoriston. It details an encounter with the new owner of Ledgowan Estate in Wester Ross last weekend. The estate was bought in 2011 by a company called Rainheath Ltd. from Yorkshire. Members of the Simpson family are Directors of the company (though Richard Simpson who is named in the piece is not listed as a Director). Andrew Simpson owns 96.09% of the shares in Rainheath and he and Rainheath Ltd. also own the Rossie Ochil shooting estate in Perthshire.

Get off my land!

Dr Kenneth Brown

My wife and I were returning from walking on hills on the Ledgowan Estate to our car that was parked off the main Achnasheen-Lochcarron road (A890). When we arrived at our car, we were accosted by a young man who had parked his vehicle beside ours. We had previously noted the same vehicle parked beside the main road when we were higher up the mountainside and concluded that we were being watched.

He demanded, in an extraordinarily arrogant and ill-mannered way, to know what we were doing, “walking on his hill”. I informed him that we were simply exercising our statutory right of access to the countryside and that that was all he needed to know. However, he persisted in demanding an answer in a most offensive way but I refused to say more than to repeat that all he needed to know was that we were entirely within our legal rights to walk on that property.

He became so persistently offensive that I demanded to know his name and status and he described himself as Richard Simpson, the owner of the Ledgowan Estate. (An online Highland Council planning notice identifies the owner of this estate as Andrew Simpson, so I assume this person is his son or another relative).

He then began to argue that we had been disturbing sheep on the land. In fact, there had been no sheep to be seen anywhere in the landscape for the full duration of our visit. This, however, did not deter him and he claimed that our dog must have frightened them away. Not only was this untrue, but our dog is extremely obedient and is always completely under control. He is used to being out on the hill; during his 13 years he has accompanied me on many Munro climbs and is regularly walked on the hills around our home in Glenmoriston.

Simpson then informed us that deer stalking was in progress and that we could have been in danger from rifle fire. I replied that, in that case, he had a duty to inform members of the public of any potential danger to them and that, if there was any sound reason for restricting public access, notices should have been displayed and proper procedures followed for a temporary restriction of the general right of access to land. In fact there were no notices of any kind to be seen, apart from one that bore the words, ‘Ledgowan Estate, caring for the environment’.
Image © Copyright Richard Webb and licensed for reuse under this Creative Commons Licence

We decided that nothing was to be gained by arguing with him and began to unlock our car. Simpson then made the absurd accusation that we had been disturbing the environment by walking on it. (There was some irony in this because the estate owner has recently driven an enormously long and wide hill track across the mountainside, through peat, leaving boulders and other detritus strewn across it on both sides). He suggested to my wife, a retired head teacher who was telling him that he needed to learn better manners, that she needed a new pair of glasses then photographed her, photographed our car and stalked off to his own vehicle and we drove away.

Newly constructed hill track on Ledgowan Estate – photo taken from Achnasheen (click image for larger version)

We have since learned that the owners of this estate have previously behaved in an extremely intimidatory way with members of the public who have accessed their land. They obviously hold the legal rights of the public in contempt and are prepared to override them by employing disgraceful tactics of the kind described above and we believe that some action should be taken to deter them.

UPDATE 6 NOVEMBER 2013

In the comments to this blog, Gerry Loose suggested that a mass walk be undertaken on Ledgowan Estate on St Andrews Day. He has asked me to publish the following.

St Andrew’s Day Mass Walk – Ledgowan Estate

My intention for the St Andrew’s Day Mass Walk in and around the Ledgowan Estate would be twofold:

1: to register concerns about hostility to access

2: to inspect the Estate, with a view to determining how the title-holders to this Estate are managing that part of Scotland of which I regard them to be stewards in the name of the folk of Scotland (as indeed many landowners claim to be).

That there is an absolute right of access enshrined in Scots Law is unarguable. That the Estate Managers and Title Holders have the best interests of the people of Scotland at heart, and that the Managers and Title Holders respect their duties to conform to the Planning Regulations of their local authority may be determined by this Mass Walk.

Unfortunately, time and work commitments and personal constraints mean that I can no longer take part in this Mass Walk.

I urge you all, however to be present on the day, in informal groups, as and when you can arrive, spending as much or as little time as you have and inspect the condition of Ledgowan Estate, touching on the two points above; and then make your findings public.
I’ll be there in spirit and will eagerly await all reports.

I also expect this St Andrew’s Day Inspection of (other) Lands & Estates to become an annual event.

I will be working towards this.

Good luck and happy walking
Gerry Loose

Gerry Loose
www.wildandstolen.wordpress.com
www.gerryloose.com