Is this what they mean by "achieving best practice" ?
Canadian Camp Dump - 3rd January 2011
While it may be true that the National Trust of Scotland do not intend to diminish the wild quality of Mar Lodge Estate nor damage its ecology, the following is another example - in a long line of examples - that show why I was naive in 1995 to welcome the news that the National Trust for Scotland was taking over the management of Mar Lodge Estate.
On 3rd of January 2011 I visited the Canadian Camp to re-acquaint myself with the features of the wartime occupation that survive. The estate road through the plantation was built by the Canadians and was originally the 'main' road through the camp. My memory tells me that the estate road became vague and ran-out some distance east of where the Canadian Bridge crossed the river. Curiously the Ordnance Survey maps shows the estate road as being much longer than I ever remember and curling north into the plantation (which I don't remember at all). I was bound to investigate this disparity between the maps and my memory and this was that day. After re-acquainting myself with the features of the wartime occupation I followed the estate road to its head. I discovered a large, relatively new, bulldozed clearing among the trees. As I walked into the clearing I was surprised to noticed several rusting wheels dotted around its edge “this is Mar Lodge Estate, this is a National Trust for Scotland property” I thought "how could anyone think it's OK to leave these wheels here ?" But then - I noticed the hole and my mind boggled at the sight of the large pile of rubbish at the bottom of an obviously mechanically excavated hole. In spite of what I think about what the National Trust for Scotland has done to other parts of Mar Lodge Estate I found it hard to accept that they'd committed this act of environment vandalism too, but there was no other explanation. The estate road and clearing were behind a habitually locked gate. The clearing and hole were obviously mechanically created. Beside the hole - wheel tracks in the snow showed there had been recent visits to the hole by four-wheel-drive vehicles. In the hole - dumped material above the snow showed that dumping had coincided with those visits. The most recently dumped material had the appearance of coming from a house clearance. I added photographs of the dump to the website then considered reporting the dump to SEPA. As clear-cut as this act of environmental vandalism seemed to me I was conscious that in the weird world of environmental protection that it might be perfectly legal for Mar Lodge Estate to have a private landfill dump hidden away in the woods so my initial contact (3rd of January 2011) with SEPA through their website form was phrased as a question
Today I discovered what I'd call a private landfill - a landowner had dug a hole on their own land and were dumping general household rubbish in it : bikes, mattresses, furniture. Is a landowner allowed to do this kind of thing ?
Later the same day (3rd of January 2011) I received an email asking for more information about the location.
On 5th of January 2011 I received email from Simon Davies, a Waste Specialist at SEPA - who wrote :
... I can confirm that the unauthorised disposal of waste even on private land is no longer allowed under current environmental legislation in Scotland. All active landfills must have a permit and also operate in accordance with the Landfill (Scotland) Regulations 2003 (as amended). There is no such permit in place for the site at Inverey ...
Wanting to give SEPA freedom of action I left the dump entirely in the hands of SEPA. I took no further action and expected to be kept up to date on the investigation and legal process that must surely follow. As the days became weeks without an update I decided the process must be longer than I had expected. As the weeks became months I became busy at work and let more than a year pass before contacting SEPA again for an update.
On 29th January 2012 I again emailed Simon Davies - writing :
I contacted SEPA about an "apparently unauthorised landfill site near Inverey" last January and I have received no update. I am very interested to know whether you have any news about your investigation ?
My request was passed to Alistair Inglis, an Environment Protection Officer at SEPA, because Alistair Inglis was the Environment Protection Officer who had followed up on my report. It was clear in the first email from Alistair that SEPA considered the case closed - which I thought odd since I hadn't heard anything about it through other channels - and following an exchange of several emails I can report the subsequent actions of SEPA and Mar Lodge Estate. Apparently, the failure of SEPA to keep me informed was an omission they'll not repeat.
On 20th May 2011 between 1pm and 2pm Alistair Inglis (alone) investigated the illegal dump. He saw no one during his investigation and (confirming my report) described what he saw in the hole - writing :
... household material (plastic toys, mattresses, furniture and items of clothing, a small cooker). There were metal items (fencing etc) on ground across the clearing ...
On 23rd May 2011 Alistair Inglis wrote an official letter to David Frew, Property Manager at Mar Lodge Estate - in which he wrote :
... SEPA inspected this site and observed what appears to be a pit where a landfill operation appeared to be taking place. The deposited waste appears to comprise principally of household material such as mattresses, a burnt desk, a cooker, various toys and plastics and items of clothing. Also in this pit and scattered across the clearing was a quantity of metal, tyres and used fencing ...
... The deposited material should be removed and transported to an appropriately authorised facility and confirmation that this has been undertaken supplied to SEPA as soon as possible ...
Since David Frew was newly appointed (since 4th April 2011) to the post of Property Manager (doesn't it always seem to be that way ?) he could claim that he had no knowledge of the dump before he received the letter from Alistair Inglis.
On 6th June 2011 David Frew telephoned Alistair Inglis. Quoting from the summary of that conversation written by Alistair Inglis - during that conversation David Frew undertook to :
... arrange for the material to be uplifted and the area in question to be restored using soil from the clearing. He would have this work undertaken by estate staff under the supervision of the land foreman. He stated that this would not be repeated
I am skeptic - it's no strain for me to imagine the ways that the kind of people who'd commit this kind of environmental vandalism in the first place - once caught - could avoid cleaning up their mess properly. The dumped material was removed and the area reinstated by estate staff without supervision by SEPA. I asked Alistair Inglis the obvious question and received the obvious answer :
... unless we [SEPA] had overseen the removal of the waste from start to finish, we could never be 100% sure that this [removal and reinstatement work] had happened [correctly] ...
Given what I've seen elsewhere on Mar Lodge Estate I doubt that the removal and reinstatement work was carried out as it should have been or would have been under the supervision of an expert. Neither you nor I need to be a soil scientist to understand that the ground is made up of layers and that true reinstatement would require the reinstatement of those layers - not just filling in the hole, landscaping the area, and walking away.
The clearing is also quite large - several times the size of the hole and several times larger than it needed to be to dig or access the hole. The size of the clearing suggests the possibility of other, already used and filled in holes. I asked Alistair Inglis the obvious question and received the obvious answer :
SEPA would have to have firm evidence to suggest other dumping had taken place before the possibility of carrying out ground excavations was considered as this has significant cost implications
If the clearing has already used and filled in holes then the Mar Lodge Estate staff appear to be untroubled by keeping that knowledge to themselves.
On 28th July 2011 Mar Lodge Estate staff began the process of removing the dumped material. The dumped material was sorted into metals, recyclables, and general waste on site before uplifting.
Panda Rosa Metals (Aberdeen) uplifted 6.94 tonnes of metal and Taylors Industrial Services Ltd (Aberdeen) uplifted 2.16 tonnes of mixed waste.
My mind boggles - David Frew's predecessor as Property Manager, Chris Hewitt, held the post for about five years. Is it credible that an illegal dump could have been created or used without his authorisation or knowledge ? Either way - what does that say about his management of Mar Lodge Estate and his supervision by the National Trust for Scotland ?
[TODO : (1) Ask David Frew if Chris Hewitt is still with the National Trust for Scotland. If so (2) Ask Chris Hewitt how it was possible for an illegal dump to be created and used while he was Property Manager on Mar Lodge Estate]
On 8th February 2012 between 12:20 pm and 1pm Alistair Inglis and Steven Semple revisited the illegal dump. They saw no one during this visit and described what they saw - writing :
... the waste material noted on AI’s previous visit to the area (20.05.2011) has been cleared away. The hollow into which the material had been placed had been cleared and back filled with soil and stones from the surrounding area. There is neither evidence that any of the original waste has been left on site nor that it may have been buried ...
I doubt anyone, even SEPA, would describe either the initial investigation of my report or the revisit as anything other than tardy and superficial. For whatever reason, more than four months passed before a SEPA Environment Protection Officer got to the illegal dump in spite of their office in Aberdeen being a mere hour and forty-five minutes away. I'll leave you to speculate why they took so long and how easy it would have been for Mar Lodge Estate to fill in the hole and smooth the area over before anyone from SEPA arrived to see it. How deep (metaphorically speaking) would SEPA have dug if that had been the case ?
It may surprise you, as it did me, to learn that SEPA made nothing of catching this environmental offender. I'm a great believer in the deterrent effect of naming and shaming offenders. There'd be no point in a fine since I'm convinced the National Trust for Scotland would find some way of passing the cost of it right back to us, but I'd like to see them having to handle more negative publicity than this posting will generate for them. How can it be the National Trust for Scotland has employees that don't know that digging a hole and dumping rubbish in it is illegal ?
As an expression "not condoning" is about the most neutral expression possible and, as such, is a favourite expression of Scottish landowners and their representatives. This was the expression David Frew used to distance the National Trust for Scotland from the actions of the employees responsible for the creation and use of the illegal dump - writing :
... This was done without the knowledge of management, by a member of staff acting in isolation. I should make it absolutely clear that NTS in no way condone such practice ...
It's my opinion that "such practice" is nothing short of environmental vandalism, but the fact that the National Trust for Scotland can't bring themselves to condemn "such practice" may be explained by the fact - it's just not opinion now - that the National Trust for Scotland have committed similar acts of environmental vandalism all over Mar Lodge Estate.
[TODO : Ask David Frew (1) Which member of staff was acting in isolation (2) Which house was cleared (3) If Mar Lodge Estate has a policy about the disposal of such material. If so (4) how estate houses can be cleared and the material dumped illegally without senior people on the estate knowing]
So - we are expected to believe that a "member of staff acting in isolation" was able to drive a mechanical digger into the woodland on Mar Lodge Estate, dig a large hole and use it as an illegal dump without anyone else knowing about it. On Mar Lodge Estate, evidently, the National Trust for Scotland either : does not have a waste disposal policy, does not ensure their employees know about it, or does not enforce it.
Clearly it would be easy for the Property Manager on Mar Lodge Estate to ensure that all waste material from a house clearance was dumped legally. It would involve minimum supervision and straight forward instructions including the creation of purchase orders, invoices, or receipts. How could anyone at the National Trust for Scotland believe that waste generated by a house clearance wouldn't generate paperwork ?
It is a convenient truth - that an organisation that "does not condone" or has a policy prohibiting "such practice" - quickly distance themselves from the "member of staff acting in isolation" when "such practice" is discovered no matter how little they did to ensure "such practice" wouldn't happen at all.
The "does not condone ... such practice" is not nearly enough. By failing to ensure "such practice" could not happen the National Trust for Scotland is responsible for it happening. Rather than accepting their responsible by failing to ensure it could not happen, the National Trust for Scotland absolve themselves of responsibility (they do not condone) and distance themselves (acting in isolation) from the employee who created and used the illegal dump.




Joe Dorward