Kayakers and some people living on Luing are insisting that Marine Scotland (MS) did 'possibly inadvertently' overlook evidence before deciding that a causeway, built without permission, had been removed so a narrow passage of water could flow again.
Campaigners say the marine agency's decision was "ill-found and premature".
The call for an on-site meeting with MS director Annabel Turpie follows receipt of a 600-page Freedom of Information response, obtained by a kayak enthusiast from Durham, the Reverend Jay Blackburn.
"Representatives of the Luing community and navigators would like the opportunity to discuss the way forward with you either on site or at your office before a serious incident occurs," says the campaigner's letter to Ms Turpie.
A spokesperson for campaigners told The Oban Times: "Well informed locals maintain that in July 2022 the Marine Scotland Directorate did, possibly inadvertently, overlook clear photographic, documentary and verbal evidence showing the passage between Ardinamir and Cuan is not yet fully reinstated.
"Marine Scotland's inspectors by their own admission were not qualified hydrographic surveyors, and most seriously it appears the builders of the unlicensed causeway were allowed to mark their own homework without reference to the local community or other regular users of the channel."
In response, a Scottish Government spokesperson said: “We are aware of community concerns relating to a navigation channel between Ardinamir and Cuan on the Isle of Luing-Torsa.
“Marine Scotland has undertaken multiple site visits and remedial action was instructed to address the construction of an unlicensed causeway at the site. That remedial action has now been completed. We will liaise with members of the local community to understand any remaining concerns."
Featured on the Argyll Kayak Trail, the water channel was regularly used by kayakers and small boats until the causeway was built without permission in September 2021 by the Luing landowning Cadzow family, so workers could more easily cross to Torsa to check and feed livestock.
Although the Cadzow family says the causeway was historically a ford, campaigners claimed building it up with boulders topped by a flatter surface of smaller rocks, 'effectively blocked navigation' of the route - and what is left of it, still does.
Fears were raised that kayakers and other water users, unaware of the new causeway, could come to harm. Concerns included having to abandon travelling through the safer channel and take the longer way round Torsa's outer edge - open to more challenging elements.
MS did issue a remediation notice and oversee some steps to reinstate the passage, but during the 10 months that followed, MS was asked numerous times - including by Luing Community Council - when the passage would be fully restored to its previous condition. The response was that the matter was "sub judice," said the campaign spokesperson.
In July 2022, Marine Scotland decided it was satisfied with remediation works, but campaigners only found out one month later via The Oban Times that as far as MS was concerned, the matter was closed. The Cadzows are in agreement with MS that they took all the remedial action required of them.
But the campaign spokesman said that from the FoI: "It is apparent Marine Scotland's decision to close the matter was based on a meeting between the parties that unlawfully built the causeway (and would therefore be liable for the cost of removing it) together with a chance acquaintance with a local and Marine Scotland's officials alone. Statements taken by Marine Scotland under oath and clear geo-physical, biological and cartographic and tidal evidence were overlooked it seems.
"In August 2022 Marine Scotland informed the builders that they were satisfied with the remediation works, having seen a canoe pass through the channel and by discussion with members of the public. Navigators point out that a canoe passing through the channel can hardly be regarded as evidence of complete reinstatement, nor has it been possible to find any of the satisfied members of the public referred to by Marine Scotland."
Yes! I would like to be sent emails from West Coast Today
I understand that my personal information will not be shared with any third parties, and will only be used to provide me with useful targeted articles as indicated.
I'm also aware that I can un-subscribe at any point either from each email notification or on My Account screen.