Balmaha Car Park asset transfer request: decision letter

Dear Ms Moss,    

I refer to East Loch Lomond Community Trust’s (ELLCT) appeal under section 88 of the Community Empowerment (Scotland) Act 2015 (the “Act”) relating to the asset transfer request in respect of Balmaha Car Park, Balmaha made to Stirling Council under section 82 of the Act. In line with Scottish Government guidance, Scottish Ministers appointed a Reporter to consider the appeal and report to them. I apologise for the delay in contacting you.

The Reporter took account of an asset transfer request from ELLCT dated 21 August 2020 and a review dated 9 May 2024 which was submitted on the basis of a deemed refusal as Stirling Council had not determined the request within the statutory timescales. Also considered was Stirling Council’s review decision to disallow the asset transfer request dated 8 November 2024, the Trusts appeal submission dated 4 December 2024, the Council’s response to the appeal dated 20 December 2024 and the Trusts response to these comments dated 14 January 2025. The Reporter considered key documents associated with all aspects of the asset transfer request process and assessed the request against criteria set out in Section 82 of the Act; Scottish Government National Outcomes; best value themes; and matters relating to assessment of outcomes.    

I would like to thank ELLCT for working with the Reporter during this process, and providing him with necessary information including an accompanied site inspection in connection with the appeal.

The work of the Reporter has now concluded and he has provided me with the final report outlining his conclusions and recommendation.  I am grateful for the comprehensive report which outlined ELLCT’s proposals to improve the asset and to fund other community projects. The Reporter raised a number of concerns about the viability and deliverability of these proposals and issues raised by Stirling Council. Ivan McKee, then Minister for Public Finance followed this up with a letter to you on 3 November 2025 requesting clarification on: purchase price; funding sources; timescales and engagement with third parties; conducting enforcement charges; and employment rights.  I would like to thank ELLCT for their response to these points provided on 26 November 2025.

I have given due consideration to the Reporter’ report, Stirling Councils’ concerns and additional information provided by ELLCT on 26 November 2025.  I conclude that the points raised are not insurmountable, and that both parties can work together to agree the asset transfer of Balmaha Car Park.

The Scottish Ministers therefore accept the appeal made by ELLCT for Balmaha Car Park, Balmaha, and allow the community asset transfer request.  The offer to purchase is to be conditional upon:

1. Valuation/Price – the price is to be set by an updated joint valuation of the asset based on current use subject to any discount agreed between Stirling Council and ELLCT.
2. Clawback – requiring ELLCT to pay all or some of any profit on re-sale to Stirling Council.
3. Pre-emption – requiring ELLCT before disposing of the land to another, to offer the asset back to Stirling Council at the same price as the purchase price.

In accordance with the Act, the Scottish Ministers have issued a direction notice to Stirling Council directing them to issue a further decision notice to ELLCT. The decision notice must specify the terms and conditions on which the Council would be prepared to sell the asset, which should be in line with the terms and conditions set out above, and state that, should ELLCT wish to proceed, it must submit to the Council an offer to purchase the asset within the timescale set out in the notice (which must be at least six months beginning with the date on which the decision notice is given). 

Attached to this letter is a copy of the direction notice issued to the Council.  Thereafter, the process continues in line with section 83 of the Act and parties should make arrangements to conclude a contract for the sale of the asset in the usual way. If the contract is not concluded within the required period, an appeal can be made to Ministers under section 90 of the Act.  However, to avoid the extra cost and time associated with a section 90 appeal, I would strongly encourage ELLCT and Stirling Council to work collaboratively to agree contract terms.

We will publish the attached report provided to Scottish Ministers by the Reporter, and this will be made publicly available on the Scottish Government’s Community Empowerment website within one week of the date of this letter.

Individuals unhappy with the decision made by Scottish Ministers may be able apply to the Court of Session, Parliament House, Parliament Square, Edinburgh, EH1 1RQ for a judicial review. An application for judicial review must be sought within 3 months of the appeal decision. The Scottish Ministers decision can only be challenged on a point of law and you might want to take legal advice before considering this option. For more information on challenging decisions made by Ministers please see here.