St Andrews Bay Resort (Kingask) - Legal Challenge
Judicial Review Of Planning
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Letters to Editor, St Andrews Citizen, 9 June
2000
Prof Emeritus Terence Lee, The Green Belt Forum
Your account (May 26), of the Court of Session hearing on
the appointment of costs for the Judicial Review of Kingask was too complicated
for most readers - and biased as well!
The bare facts are that Lord Bonomy made it clear that
although Fife Council should win the case on a technicality (the delay in
bringing it) they were not beyond criticism. So much so that he conspicuously
departed from the normal convention of awarding full costs to the winner. They
have to bear half their own costs. This considerably softens the blow for the
petitioners. By demonstrating that the Council had manifestly acted improperly,
in several ways, they achieved at least part of their objective.
Some of the Council's misdeeds were not exposed in detail
because it was not considered they would affect the main decision.
Unfortunately, their most serious faults were not
illegalities, but errors of judgement committed within loosely drawn rules. The
unspoilt coastline has been pillaged for ever and our fragile mediaeval town
exposed to slow strangulation by traffic and by tourism beyond its
capacity.
So far as Community Tax payers are concerned, the 50 per
cent costs are good value in the long term. The Council and its officials will
be wary of inflicting further damage on St Andrews. They will also be more
careful in conforming to planning law and to the principles set down in their
own Structure and Local Plans. They might even relent over a Green Belt.
Dr Frank Riddell
Thank you for publishing the informative letter from Penny
Uprichard regarding the Judicial Review of the Kingask decision. The doubts
expressed by the judge about the way that Fife Council handled this affair were
the doubts that many of us in St Andrews also had. Fife Council were penalised
by having only half of their expenses awarded.
As far as the letter of Mr J S Holdsworth in the same issue
is concerned, he misses the point completely. He refers to the objectors to
Kingask as 'a vocal minority of residents.' Well, that so called minority
included the overwhelming majority of the Community Council, all four Fife
Councillors for the town, the MSP and the MP.
The fact that these elected representatives were prepared to
speak out publicly against the proposals and Fife Council's decision shows
that, far from being a 'vocal minority,' the objectors carry the overwhelming
support of the town with them. more
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