St Andrews Bay Resort (Kingask) - Legal Challenge
Judicial Review Of Planning
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Anxious wait for judgement on Kingask plans
The Courier, 4 March 2000
Campaigners bidding to halt work on the £50 million
Kingask resort complex near St Andrews will find out within the next two weeks
whether of not they have succeeded in their aims.
A Court of Session judicial review has now been completed
and members of the Review Funding Association, Fife Council and St Andrews Bay
Development Company will have an anxious wait for the result.
The legal action, which is thought to mark the first such
challenge to the granting of planning consent by a local authority, has been
heard by Lord Bonomy during several days of submissions.
The objectors have raised a number of issues, one of which
is that the council did not order the developers to prepare a statement on the
environmental impact that the plan would have.
The objectors have also claimed that before granting the
application the council did not notify the Scottish Secretary or First Minister
of the plan and that intelligible reasons for giving the plan the go-ahead had
not been fully provided.
The council, which contested the claims, has maintained that
it has fulfilled all of the statutory duties required of it when considering
the plan.
It has also challenged the rights of the residents involved
to bring the action and has stated that because of the delay in raising
proceedings, the move to overturn the granting of planning permission should be
refused.
The case was raised after months of controversy, claim and
counter-claim about the planning application for the coastal site and Lord
Bonomy has indicated that his judgement will be issued by the end of next
week. more Challenge
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