Travellers have vowed to “fight on” after their bid to turn an unauthorised camp beside a beauty spot into a permanent settlement was rejected by councillors.
They wanted retrospective permission for a halting site near the St Cyrus nature reserve on the north-east coast.
They joined forces to buy land to create the camp and it is now thought to be home to about 120 people.
But yesterday – 18 months after the travellers started building their own facilities on the land – members of Aberdeenshire Council rejected their planning application.
But last night the applicants – camp residents James McCallum and William Docherty – said they would lodge an appeal with the Scottish Government to try to have the councillors’ decision overturned.
They had been seeking approval for a permanent eight-pitch caravan site, a road and recycling spot, as well as a toilet block, washroom and pump station at what is known as North Esk Park.
Councillors said they had concerns about safety as the Scottish Environment Protection Agency (Sepa) had classed the site a flood risk.
An assessment had shown the area – on a flood plain for the River North Esk – was at risk of flooding once every 200 years.
Sepa said only two of the caravan stances would be above water if the site flooded again – as it did in 2013 – and that it would be difficult for emergency vehicles to access.
Other factors included concerns about sewage run-off into the river and the potential for landslips at the site.
Councillors voted 42-20 to reject the planning application and there were two abstentions.
Mearns councillor Bill Howatson said: “There is an accepted, established and proven need for gypsy-traveller sites not only in Kincardine and Mearns but in Aberdeenshire. But this is on a flood plain.
“This council shouldn’t in any way be party to a process where 120 fellow human beings are being encouraged to live on a site where there is a potential of flooding.
The camp is next to the St Cyrus and Kinnaber links – which is a Site of Special Scientific Interest (SSSI).
The local authority’s head of planning and building standards, Robert Gray, said: “There is a need for the provision of gypsy-travellers sites in Aberdeenshire, that is accepted.
“However we have looked at this, we have looked at planning policy, we have looked at drainage, that led us to six reasons for refusal.
“We have Scottish planning policy saying we shouldn’t do this. We know there is a need for a site and we know there should be a site in south Aberdeenshire. What we are saying is this is not the place for that site.”
He added: “The applicants’ opinion is it could be made to work. There are things that are working about the site but over a period of time we know it will flood.”
Spokesman for the applicants, Alan Seath – associate planning director at Edinburgh-based RPS Group – insisted North Esk Park was serving a local need.
He added: “If you refuse planning permission, gypsy-travellers will be put back on the road into unauthorised encampments.
“The council have the opportunity to approve the use of this site at no cost to the public purse.”
After yesterday’s full meeting of the council at Woodhill House in Aberdeen, Mr Seath said: “We spoke to the clients and they will be proceeding with an appeal and putting that together. We have got a three-month period to do it.
“We are encouraged by the fair hearing we got. We’re disappointed at the outcome – but the fight will go on.”