Ministers back community takeover of Balmaha car park
Pic: Jim Smillie
Scottish ministers have overturned Stirling Council and backed a community bid to take ownership of the car park at one of Loch Lomond’s busiest visitor destinations.
East Loch Lomond Community Trust has won its appeal over Balmaha Car Park after a process stretching back almost six years.
The trust wants to buy the council-owned car park, operate it locally and use income generated from parking to support projects in the surrounding community.
Public Finance Minister Hannah Mary Goodlad has now ruled that the community asset transfer should be allowed and directed Stirling Council to issue a new decision notice setting out the terms on which it would sell the site.
The decision marks a significant victory for the trust, which first submitted its request to take over the car park in 2020.
Stirling Council failed to determine the application within the statutory timescale, prompting the trust to seek a review in May 2024 on the basis of a deemed refusal.
The council subsequently rejected the proposed transfer in November 2024 and the trust appealed to Scottish ministers the following month.
A Scottish Government reporter was appointed to examine the case, including the trust’s plans for the car park and its proposals to use income to fund other community projects.
The reporter raised concerns about the viability and deliverability of elements of the proposal, as well as issues highlighted by Stirling Council.
Ministers subsequently sought further information from the trust covering the proposed purchase price, sources of funding, timescales, engagement with third parties, enforcement arrangements and employment rights.
However, the Scottish Government has concluded that the outstanding problems can be resolved.
In her decision, Ms Goodlad said she had considered the reporter’s findings, Stirling Council’s concerns and further information supplied by the trust.
She concluded that the issues were “not insurmountable” and that the council and community organisation could work together to agree a transfer.
Scottish ministers have therefore accepted the appeal and allowed the community asset transfer request.
The final purchase price has not yet been settled.
An earlier proposal associated with the appeal involved an offer of £342,240 for the car park, but ministers have stipulated that the price should now be established through an updated joint valuation based on its current use, with Stirling Council and the trust able to agree any discount.
Conditions will also protect the council if the property is subsequently sold.
The agreement is expected to contain a “clawback” provision allowing Stirling Council to receive some or all of any profit from a future resale. The trust would also have to offer the property back to the council at the original purchase price before selling it to somebody else.
Stirling Council must now issue a fresh decision notice detailing the terms and conditions of the proposed sale.
The trust will then have at least six months from the date of that notice to submit an offer to purchase the car park if it wants to proceed.
Ministers have encouraged the two sides to work together to complete the deal rather than allow the dispute to return to the Scottish Government through another appeal.
The long-running battle has centred on who should control revenue generated at Balmaha, a popular starting point for walks including Conic Hill and a major visitor destination on the eastern shore of Loch Lomond.
East Loch Lomond Community Trust has previously argued that community ownership would allow parking revenue to be reinvested locally rather than disappearing into wider council finances.
Its proposals have included employing local people to help manage the site and using surplus income to support community projects and facilities.
The trust previously said potential projects could include improvements to community properties and woodland walks, as well as financial support for local organisations.
The Scottish Government decision was published on 11 August.
Pic: Jim Smillie
Scottish ministers have overturned Stirling Council and backed a community bid to take ownership of the car park at one of Loch Lomond’s busiest visitor destinations.
East Loch Lomond Community Trust has won its appeal over Balmaha Car Park after a process stretching back almost six years.
The trust wants to buy the council-owned car park, operate it locally and use income generated from parking to support projects in the surrounding community.
Public Finance Minister Hannah Mary Goodlad has now ruled that the community asset transfer should be allowed and directed Stirling Council to issue a new decision notice setting out the terms on which it would sell the site.
The decision marks a significant victory for the trust, which first submitted its request to take over the car park in 2020.
Stirling Council failed to determine the application within the statutory timescale, prompting the trust to seek a review in May 2024 on the basis of a deemed refusal.
The council subsequently rejected the proposed transfer in November 2024 and the trust appealed to Scottish ministers the following month.
A Scottish Government reporter was appointed to examine the case, including the trust’s plans for the car park and its proposals to use income to fund other community projects.
The reporter raised concerns about the viability and deliverability of elements of the proposal, as well as issues highlighted by Stirling Council.
Ministers subsequently sought further information from the trust covering the proposed purchase price, sources of funding, timescales, engagement with third parties, enforcement arrangements and employment rights.
However, the Scottish Government has concluded that the outstanding problems can be resolved.
In her decision, Ms Goodlad said she had considered the reporter’s findings, Stirling Council’s concerns and further information supplied by the trust.
She concluded that the issues were “not insurmountable” and that the council and community organisation could work together to agree a transfer.
Scottish ministers have therefore accepted the appeal and allowed the community asset transfer request.
The final purchase price has not yet been settled.
An earlier proposal associated with the appeal involved an offer of £342,240 for the car park, but ministers have stipulated that the price should now be established through an updated joint valuation based on its current use, with Stirling Council and the trust able to agree any discount.
Conditions will also protect the council if the property is subsequently sold.
The agreement is expected to contain a “clawback” provision allowing Stirling Council to receive some or all of any profit from a future resale. The trust would also have to offer the property back to the council at the original purchase price before selling it to somebody else.
Stirling Council must now issue a fresh decision notice detailing the terms and conditions of the proposed sale.
The trust will then have at least six months from the date of that notice to submit an offer to purchase the car park if it wants to proceed.
Ministers have encouraged the two sides to work together to complete the deal rather than allow the dispute to return to the Scottish Government through another appeal.
The long-running battle has centred on who should control revenue generated at Balmaha, a popular starting point for walks including Conic Hill and a major visitor destination on the eastern shore of Loch Lomond.
East Loch Lomond Community Trust has previously argued that community ownership would allow parking revenue to be reinvested locally rather than disappearing into wider council finances.
Its proposals have included employing local people to help manage the site and using surplus income to support community projects and facilities.
The trust previously said potential projects could include improvements to community properties and woodland walks, as well as financial support for local organisations.
The Scottish Government decision was published on 11 August.