Golf course objectors 'too late to halt development'

John Robertson, Law Correspondent, The Scotsman, 1 April 2000

Objectors failed yesterday to halt a £50 million golf course development at St Andrews in Fife after a judge ruled that they had taken too long in going to court.

The six residents claimed that the St Andrews Bay resort would be a blot on the landscape but work had already started, and more than £1 million spent, by the time they challenged the granting of planning permission.

Fund-raising and obtaining legal advice were cited as reasons for the 19-week delay but Lord Bonomy said at the Court of Session that it was not a satisfactory explanation.

In dismissing the action on the grounds of delay, Lord Bonomy also made it clear that the objectors would, in any event, have lost on the merits of the case.

The 520-acre development at Kingask estate includes two golf courses designed by the golfing greats Gene Sarazen and Sam Torrance, a conference centre, health spa and 209-room hotel. Construction work is due to be completed in spring next year, with the first of the courses being opened later in the year.

Planning permission had been granted by Fife Council in July last year. The objectors, led by Penelope Uprichard, of Hepburn Gardens, St Andrews, sought a judicial review of the decision, maintaining that the council had been wrong in not requiring the developers to provide an environmental statement. Lord Bonomy was told that the six had not taken action immediately because the local community council was considering a challenge in the courts.

When such a move was ruled out because of the cost, Miss Uprichard set about galvanising support and raising funds.

It was the middle of October before the developer, St Andrews Bay Development, learned of a possible challenge to the granting of planning permission and by then, said the judge, substantial work had been done on site.

Even more had been carried out by 17 November, when the petition for judicial review was presented.

On the issue of an environmental statement, Lord Bonomy said that planning permission had been granted after consideration of all environmental issues.