To ask the Scottish Government what weighting it gave to (a) previous public enquiries and (b) the cultural significance of the site, before taking the decision to hand over Rowallan Castle to private ownership.
Rowallan Old Castle has always been in private ownership. The monument has been maintained by the state since 1950 under a guardianship agreement.
(a) All the relevant history of the site has been taken into account, including previous applications for scheduled monument consent which were taken to public local inquiries. These inquiries examined the case for making physical changes to the monument. The current request is to take the property out of guardianship and that is different from previous applications for consent to make changes to the castle. The changes previously proposed were not countenanced because at that time no alternative to continuing guardianship by the state had been investigated. In the current case the owner’s request to take the property out of guardianship has been considered on its merits in line with the relevant statutory test and having in mind all the circumstances. Section 14 of the Ancient Monuments and Archaeological Areas Act 1979 permits the Scottish Ministers to renounce guardianship of the monument by agreement with the persons who are immediately affected by the operation of the guardianship deed (in this case the owner of the monument). In terms of section 14(3) (a) the Scottish Ministers may not agree to terminate guardianship of a monument unless they are satisfied—
(i) that satisfactory arrangements have been made for ensuring its preservation after termination of guardianship; or
(ii) that it is no longer practicable to preserve it.
In this case (i) above applies. The question of whether satisfactory arrangements have been made for ensuring preservation of the monument has been considered very carefully, taking all existing policy and circumstances into account. These arrangements are that an agreement is entered into under section 17 of the 1979 Act which ministers are satisfied secures transitional and ongoing arrangements for preservation of the monument. The section 17 agreement will also require to be registered in the Land Register (or Sasine Register) as appropriate so as to bind the current and any future owners of the monument.
(b) The cultural significance of the site was recently re-assessed by Historic Scotland as part of an ongoing wider project to undertake a rolling programme of updating and improving our understanding of the properties in care. Historic Scotland is currently assessing an application for scheduled monument consent and, on the basis of the re-assessment it does not appear that the site’s significance will be unduly affected by the works proposed in order to make part of the site habitable. The applicant has also taken account of issues raised with the previous application refused in the 2008-09 inquiry. I am confident that this historic site, like countless others in private hands, will be well looked after for the benefit of the community and enjoyed by local people and visitors.