FORGING THE STONEYMOLLAN SHIELD WALL
Our Unified Defense
Current Status
CONSENT GRANTED
December 2024 - Felling approved by Historic Scotland
NO PROPER CONSULTATION
We were consulted AFTER consent granted
WE HAVE LEVERAGE
Water rights + Road access = Our power
Our Legal Weapons
Source: Title Deeds Entry No. 2 (Burdens Section D2)
Details from John Gilbert: Original supply: Burn from Cameron Estate, flows through felling area. Pipeline: 50mm running under our property, through felling zone. Fish pond: Fed directly from this burn.
Legal protection: Registered servitude right in title deeds. Disconnected from house in handover (now leads to fanpark).
Marine supply (Backup): From Loch Finlas via SW main, 6km away, through MDPE branches.
RISK: Diesel contamination, silt, debris, pipeline damage
Upper Stoneymollan Road Status: Adopted by Council (confirmed by Property Enquiry Certificate). BUT: We have full access rights in title deeds. Private, single-track, 0.5 miles, steep, NO passing places. Our business + school runs = Priority use.
PROBLEM: Their Plan: Turning circle behind our cabins, lorries down our road. They MUST use our road - NO alternative route.
Zone 1 Protection: Lorries will access John Muir Way Zone 1.
Significance: Protected national long-distance walking route.
Legal Issue: HGV traffic through protected recreational area.
Eddie Henderson's Advice: We can recover legal costs.
Basis: Not our fault - they failed to consult properly.
Coverage: Eddie's fees + any future legal costs + expert reports.
OUR POSITION: UNBREAKABLE
WHAT WE HAVE:
- Legal water rights (title deeds)
- Road access control
- Eddie Henderson (professional advocate)
- Evidence of consultation failure
- Business damage quantification
- Community support (Friends of Loch Lomond)
- Cost recovery rights
WHAT THEY DON'T HAVE:
- Alternative road access
- Right to contaminate our water
- Proper consultation history
- Our cooperation
- Public support
- Clean conscience
THEY NEED US. WE DON'T NEED THEM.
Key Documents
Title Deeds - DM827637
• Property Section: Property details
• Burdens Section D1: Road access rights
• Burdens Section D2: Water servitude rights
John Gilbert Water Details
Former owner, expert knowledge of water system, supporting our case.
Barry Harper Email (29 April 2025)
Scottish Woodlands consultation AFTER consent granted.
Historic Scotland Response
Consent granted Dec 2024 with conditions for monuments.
Timeline of Events
Sep 2024
Application Submitted
Scottish Woodlands applies for felling consent - WE WERE NOT CONSULTED
30 Sep 2025
Barry Harper Hill Meeting
Brief encounter on hill after Brian chased him for responses - NOT formal consultation
2 Oct 2025
Brian's Urgent Email to Historic Scotland
Raising concerns about Neolithic site, water access, business impact
Dec 2024
Consent Granted
Historic Scotland approves felling - WE STILL NOT CONSULTED
29 Apr 2025
Scottish Woodlands 'Consultation' Letter
4 months AFTER consent granted - meaningless consultation
8 Oct 2025
Eddie Henderson LETTER SENT
Professional response establishing our legal position
Biodiversity Evidence Log
Documented proof that Stoneymollan is a thriving, biodiverse habitat worth protecting.
Date: Wednesday, 22 October 2025
Species: Red Squirrel (Sciurus vulgaris)
Conservation Status: Endangered in Scotland
Population: Only ~120,000 remaining in Scotland (vs 2.5 million grey squirrels)
Location: Ancient trees on Stoneymollan property
Significance: Red squirrel presence indicates a healthy, thriving forest ecosystem. Their survival depends on mature woodland habitats like Stoneymollan.
LEGAL RELEVANCE:
Red squirrels are a protected species under the Wildlife and Countryside Act 1981. Their presence on site may require additional environmental impact assessments before any felling operations. Documented evidence: Wednesday, 22 October 2025.
Title Deeds - DMB27637
Registered 10 November 1988 - IRREDEEMABLE
Entry D2 (Burdens Section):
"Deed of Servitude containing disposition by Patrick Tobias Telfer Smollett as Trustee under Deed of Trust by Alexander Patrick Drummond Telfer Smollett and others to John Morgan McClosky and Jean McGregor or Britton or McClosky and their successors, registered 10 Nov. 1988, of a SERVITUDE RIGHT OF WATER SUPPLY from the stream running to the north of the subjects in this Title together with the right in favour of the said successors to access to the said water supply and relative pipe along the broken blue line on the Title Plan for repair, maintenance and renewal of the said pipe."
Legal Condition:
"The said right of water supply shall at all times be exercised reasonably and so as to occasion as little inconvenience as may be to us and our successors..."
THE SMOLLET CONNECTION:
Patrick Smollet (father of David Smollet, now deceased) granted these water rights in 1988. David Smollet inherited the estate but is LEGALLY BOUND by his father's registered servitude obligations. These rights are REGISTERED and IRREDEEMABLE. Any interference = breach of registered property rights.
Proprietors: Brian Hughes and Gillian Barbara Brown
Purchase Date: 01 February 2022
Consideration: £625,000
First Registration: 12 August 1988
Current Owner: David Smollet
Inheritance: ~£50 million (split with sister)
Father: Patrick Smollet (deceased) - named in title deeds
Mother: Lady Gina Smollet (95, living with dementia)
Properties: Cameron House Estate, London area estate, Miami, New York
INTERNAL CONFLICT: Sibling land war - David and sister won't allow access through each other's portions of the estate. This may explain why they want to use Stoneymollan road instead of internal estate routes.
KEY INTEL: Estate management discussed bringing timber out past Stoneymollan, acknowledging it would cause disruption. They KNOW this is problematic.
Strategy Notes
NatWest Mortgage — Live Status
Contact: SSTSecured@natwest.com
Property: Stoneymollan, purchased 01 Feb 2022 for £625,000
Proprietors: Brian Hughes & Gillian Barbara Brown
SST Handler: N Ahmad
Current Hold: Until 28 February 2026
Circumstances: Bereavement, mental health, family caring responsibilities, relationship situation
✅ 17 Feb 2026 — Brian emailed SST
Requested further 30-day breathing space. Explained bereavement, mental health, family caring responsibilities. Confirmed preference for written communication.
⏳ 25 Feb 2026 (01:10am) — Follow-up sent
Chased confirmation of 30-day extension before the 28 Feb deadline. Kept it short — no over-explaining. Awaiting written confirmation from SST.
📋 Strategy Notes
SST have given 4+ months already — showing goodwill. Up to 6 months breathing space is achievable (Debt Respite Scheme). Brian is communicating proactively — this is the #1 protection against repossession. If no reply by 27 Feb, call SST directly (number held by Brian). Free support also available: Shelter Scotland 0808 800 4444 / Citizens Advice.
POSITION: PROTECTED
Communicating, responding, paper trail intact — repossession risk is LOW while engagement continues