Land title claim ‘won’t delay care home work’

THE developer who last week won planning permission to build a care home in Ascog says an issue over land ownership near the site, north of Ascog Mansions, will not derail the project.

Last Tuesday’s planning hearing at the Pavilion heard that correspondence had been received from Colin Slinn, director of Capital Developments (GB) Ltd, claiming title to the foreshore opposite the site, over which the outfall from the development’s sewage treatment plant will cross.

A supplementary report from Argyll and Bute Council’s local planning team leader David Eaglesham stated that according to Macroberts Solicitors, acting on behalf of the developer, Ian Woollcott of Bute Homes Ltd, the land in question was owned by the Crown and consent for the work had been given by the Crown Estate.

Following the hearing, and the publication on www.buteman.co.uk of our full report into proceedings, Mr Slinn emailed us to make a number of points which he said clarified his and his company’s position.

Mr Slinn told us: “Capital Developments (GB) Ltd, the registered owner of various pieces of land in the vicinity of the proposed development, supported the application. This can be evidenced by our published emails on the council web site.

“Capital Developments (GB) Ltd are the registered owners under title number BUT 1955 registered in the Scottish Land Registry of, inter alia, the foreshore over which Bute Homes wish to construct their outfall pipe from the development. 

“It appears that when the advisers to Bute Homes approached the Crown Commissioners for their consent they did not disclose our involvement or claim to ownership of the foreshore and thus the Crown Commissioners appear to have been  unaware of our registered title and thus our claim to ownership of this area of foreshore.

“Having spoken to the Crown Commissioners, they are now aware of our position. 

“They have confirmed to us that the area of foreshore to the north and south of our area of foreshore is owned by the Bute Estate and not the Crown.

“This position was evidently confirmed after the Bute Estate approached the Crown Commissioners and provided them with the relevant evidence.

“We believe that as the root of our title comes from the same root as that of the Bute Estate there is every likelihood that our claim will be treated in the same way as that of the Estate.

“The matter will now be progressed with the Crown Estate Commissioners over the coming months.”

In a letter to Mr Woollcott this week giving official notice that planning permission had been granted, the council stated, in the last of six ‘notes to the applicant’, that “prior to the commencement of the development, the applicants should satisfy themselves that they have sufficient control over all of the land within the application site to enable the development to be constructed in accordance with the approved plans.”

Mr Woollcott told The Buteman: “We are aware of the argument put forward by Mr Slinn.

“We have taken legal advice and we are satisfied we have all land rights required for the development to proceed.

“Mr Slinn’s comments have no impact on the progress of delivery of the care home.”