Judge asked to halt St Andrews project

James Finlay, The Scotsman, 13 January 2000

Campaigners have launched a court battle to halt a £50 million hotel and leisure complex in the home of golf.

Work has already begun on the development which features two new golf courses, a clubhouse and hotel and conference centre on the outskirts of St Andrews in Fife.

But six residents have now asked a judge at the Court of Session to set aside the decision by Fife Council to grant planning permission.

Their counsel, Lord Mackay of Drumadoon, QC, told the court yesterday he was seeking to have the planning consent by the local authority last July reduced in the judicial review.

He told Lord Bonomy that the protesters relied on a number of issues to challenge the decision.

Lord Mackay argued that in dealing with the application for planning permission, the local authority did not order the developer, Glenrothes-based St Andrews Bay Development, to prepare an environmental impact statement as set out in 1988 regulations.

Before granting the application the council did not notify the Scottish Secretary or First Minister of the scheme.

He also argued that the local authority failed in its duty to provide intelligible reasons for the decision to give the plan the go-ahead.

It is claimed that the council acted illegally in granting the application and that the decision should be overturned.

Fife Council is contesting the challenge brought by Penelope Uprichard, of Hepburn Gardens, Elizabeth Baxter, of South Street, Emeritus Professor Terence Lee, of Brownhill Gardens, Sheila Scott, of Hepburn Gardens, Margaret Adam, of Strathkinness Low Road, all St Andrews, and Deborah Moffatt, of Torrie House, Kingsbarns.

They claim that the development will adversely affect them as it lies within an area of great landscape value and that traffic generated by it will impact on them.

The campaigners said they have all used the Fife Coastal Path which will be affected by the proposed development.

They also contend that Fife Council failed to consider whether, in granting planning permission, it would involve a departure from its own development plan, which it did.

The council said the six residents were neither owners nor occupiers of land neighbouring the development site at Kingask Estate.

It maintains that they have not been materially prejudiced by the decision to grant permission for the golf complex.

The council said "more than sufficient environmental information" was before it when the decision was made and that the coastal footpath lies outside the site.

It pointed out that the developer began work on the site immediately after securing planning permission, as it was entitled to do.

Fife Council maintains that it fulfilled all the statutory duties required of it when considering the plan.

Lord Bonomy is expected to give a decision at a later date.