A STONEHAVEN man whose house was nearly engulfed by a landslip earlier this month is living in fear that a second slip could happen at any time.
Richard Barnes, who owns Invercarron Cottage, said he has been warned that a second section of the Bervie Braes could come away with the next fall of heavy rain, bringing mud and trees down on to his property.
On January 16 a section of the Braes
broke away after torrential rain, coming to rest against the back wall of Mr Barnes' home.
Aberdeenshire Council, who do not own the land, has told Mr Barnes that they have no responsibility for the slip, or for taking further preventative action. In addition, the £5.7 million funding bid to stabilise the Braes will not cover the section affecting Mr Barnes if the Scottish Government decide to grant the money, as it is not an area which previous concerns focused on.
The council have advised Mr Barnes that if he wants anything done he will have to buy the property and pay for stabilising measures himself.
In an email to Mr Barnes, Kincardine and Mearns area manager Willie Munro said: "I am sorry that you have ended up in this very difficult and worrying situation, but the council needs to adopt a consistent approach to dealing with landslips on private land and I believe our response has been both appropriate and consistent with what has happened at other similar locations."
Mr Barnes said: "I note that the Dewars Children Trust own the land at the rear of my property, but have no funds to help - I have sought clarification if their insurers are able to help. However I understand the Trust also owns the land around the Carron Burn where the council carried out some flood prevention measures - why and how is our situation different?"
He also referred Mr Munro to a report produced by the Director of Transport and Infrastructure, Iain Gabriel, regarding the Bervie Braes, which stated: "The council has no direct responsibility to carry out work on Bervie Braes as the land is in private ownership. However, Section 84 of the Local Government (Scotland) Act 1973 does give local authorities powers with respect to emergencies or disasters including taking steps "calculated to avert, alleviate or eradicate the effects or potential effects of the event".
"More recently the Local Government Scotland Act 2003, under Section 20, gives local authorities powers "to do anything which it considers is likely to promote or improve the well-being of its area and persons within that area".
"As it is unlikely that any other body is likely to take action to address the issues at Bervie Braes, there may be an expectation that the council should use these powers to promote a long term solution for the unstable slope at this location."
The report prompted Aberdeenshire Council's application to the Scottish Government for £5.7 million in order to provide a long-term solution for the Braes.
Mr Munro stated: "The position with regard to the request for funding from the Scottish Government is somewhat different. The council has an interest in that it has responsibility for maintenance of the public road and as owner of some of the houses located at the base of the slope.
"However, the council does not own the slopes and unless funding is forthcoming from the government it is most unlikely that the major works identified as being required will progress."
Mr Barnes has been advised to vacate his house by geotechnical specialists Jacobs.
He said: "I am becoming increasingly concerned for the safety of my partner and me, the structure of my property and the safety of passing motorists and pedestrians if trees come down."