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St Andrews Bay Resort (Kingask) - Legal Challenge
Judicial Review Of Planning Procedure   
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Development

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.

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