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St Andrews Bay Resort (Kingask) - Legal Challenge
Judicial Review Of Planning Procedure   
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Appeal for help to fund Kingask objectors

The Courier, 11 February 2000

The group of objectors fighting to stop construction at the £50 million hotel, golf and leisure development at Kingask, near St Andrews, have made a renewed appeal for financial help from the public towards their fundraising campaign.

The St Andrews based Review Funding Association had originally estimated that it would need £100,000 to cover costs.

But with the court case looking set to last longer than originally thought, it has been estimated that £125,000 might be required.

The group, comprising six residents, is seeking a judicial review of the award of planning permission to St Andrews a Development Ltd.

It is claiming that Fife Council acted illegally in the planning process.

The group claims that the council failed to properly consider the impact the development would have on the environment.

Four days of submission have already been heard at the Court of Session in Edinburgh over the past month and there is likely to be another two days of speeches, possibly on March 6 and 7.

If their case succeeds, the application would have to go back to Fife Council and there would be the possibility of a public inquiry. The developers would not be obliged to stop work until any final decision was taken either by the council or, in the case of an inquiry, the First Minister.

One of the association members, Miss Penny Uprichard said yesterday, “The original estimate of the length of the case was ‘up to four days’. However, it seems to be turning into something of a test case and we are not without hope of winning. But if we lose and have to pay all the costs, we may need as much as £125,000. Our present funds total £78,000.

“We appreciate that those who have already contributed may not feel able to do so again. But we hope that new supporters an everyone who can will give a pledge or donation.”

Miss Uprichard said the group remained concerned by Fife Council’s recent indication in Fife’s draft structure plan that there was no place for green belts in Fife.

More than 900 people had responded to the St Andrews strategic study in 1998 and she stressed that 99% wanted “almost no more development” around the town while the majority had favoured a green belt.

Among the strategic study's conclusions, signed by Fife Council head of planning David Rae, were that “St Andrews is at its landscape capacity and no major expansion should take place” and that “There is a need to contain the spread of the town and a green belt must be seriously considered.”

Last week this point was made by Emeritus Professor Terence Lee, who is a Review Funding Association member and chairman of the St Andrews Green Belt Forum. He accused Fife Council of “driving a coach and horses” through its own principles whenever it feels disposed as, he claimed, had been the case at Kingask.

The Review Funding Association has also expressed concern at the council’s agreement to increase the numbers of HGV lorries being used by Kingask and to increase the number of routes permitted.

Miss Uprichard added, “We cannot guarantee that we will win but we very much hope that we will not have to give up through lack of funds. The review may be the only action that will make an impact on Fife Council, who appear to be so deaf to the wishes of people in St Andrews.”

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