A COUNCIL has invoked an ancient royal charter to claim ownership of a river in a move that could delay a multi-million pound development on the shores of Loch Lomond.
West Dunbartonshire Council is to challenge the title deeds of commercial organisations and cruising clubs on the River Leven to acquire full ownership of the stretch of water so it can prepare plans for flood prevention measures.
But Scottish Enterprise Dunbartonshire (SED), which is embarking on the second phase of its Loch Lomond Shores project, has contacted the council amid fears the scheme could be put in jeopardy.
The council claims the Keeper of the Registers of Scotland (KRS), a Scottish Executive agency responsible for the nation's land and property registers, has erroneously registered titles to portions of the Leven to commercial organisations including SED, boating clubs and members of the public in recent years. The council claims that under a royal charter granted by King James VI to the Burgh of Dumbarton in 1609, it has full rights to the river, adding that if necessary, it will use compulsory purchase orders to reclaim portions of the Leven.
A council spokesman last night declined to comment on the implications of the move, but suggested the drive to clarify ownership of the Leven had been taken to ease in plans to implement flood protection schemes.
SED's proposed development would create a hotel, scores of timeshare units and leisure facilities on a 17-acre side of the Balloch riverbank.
Dave Anderson, chief executive of SED, said last night: "It appears the KRS has granted title deeds in ignorance, but we are working with the council.
Our primary concern is to get to a position where we have effective management of the river.
"Whether the council pay for and set up moorings then subcontract them to boating clubs is a secondary concern for SED, as long as the development remains on track."
He added: "Both our development objectives and those of the council are practically identical."
HISTORIC SITE The burgh of Dumbarton is one of the earliest Scottish burghs, dating from 1222 after the grant of a charter of erection by King Alexander II.
A charter of confirmation was granted by King James VI in 1609 on the petition of the burgesses after heavy flooding in the area.
To prevent Dumbarton from further damage, the burgh aimed to raise embankments on the Leven by implementing special levies.
The charter of 1609 subsequently conveyed to the provost, bailies and councillors of the burgh and their successors inter alia "all and whole the said River of Dumbarton from Balloch to the Castle of the said Burgh with the fishings of salmon and other fishes therein together with the liberty of the same on both sides to the limit of the sea waves".
By virtue of the royal charter, West Dunbartonshire Council claims it too has title to the Leven.
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