Objectors hit back at developers' claim

The Courier, 29 October 1999

Objectors to the Kingask golf resort, spa and conference centre now under construction near St Andrews have hit back at the developers who say their campaign for legal action against Fife Council is “deceiving” the public.

The Review Funding Association said yesterday it had been encouraged by the number of donations and pledges submitted to their campaign over the past 10 days and was still confident that £100,000 would be enough to cover possible legal costs.

Last week St Andrews Bay Development Ltd’s operations direct or lain MacKinnon was reported as saying that it would be “foolish” to imagine that planned legal action would avoid costs or damages greater than this target.

He claimed the objectors faced the threat of counteraction should the programme of works at St Andrews Bay be disrupted in any way.

He said the group continued to jeopardise the creation of many jobs and the injection of millions of pounds into the Fife economy.

But Review Funding Association spokeswoman Penny Uprichard said yesterday that the group of objectors stood by their campaign and would continue to fight.

“It is a pity that Mr MacKinnon feels he must bolster his case with inaccuracies,” she said. “In a judicial review, the petitioners would, if they lost, only be liable for legal expenses.

“It should be made clear that a judicial review would be against Fife Council for their handling of the conference complex application. The St Andrews Bay Development company could, if it wished, be represented in court.

“In any subsequent action brought by the developer against Fife Council, the Review Funding Association would not be liable for damages.

“The association is merely exercising its legal right to pursue a legal remedy or what it considers is a just claim.”

Miss Uprichard said it should be noted that contributors to the association funds had no liability whatsoever while the names and addresses of contributors would be strictly confidential.

At this stage she said it was not possible to say exactly how much money had been pledged but contributions had been “very generous,” ranging from very small to large.

The objectors’ group is hoping to raise the legal action against Fife Council on the grounds that incorrect planning procedures were pursued.

Fife Council has maintained that the Kingask application was handled within the strictest protocol although senior counsel obtained by the objectors has said there are “stateable grounds” for legal action over the way the £50 million scheme was approved.

If the review association manages to raise £100,000 then they intend to take the case to the High Court. If successful, the original planning permission would be nullified and a new application would have to be lodged.

St Andrews Community Council considered a similar course of action during late summer shortly after planning approval was granted. However, it decided not to go ahead with the scheme after receiving legal advice on the matter.