St Andrews Bay Resort (Kingask) - Legal Challenge
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Top QC to fight golf development
Gordon Berry, The Courier, 23 November 1999
The chairman of St Andrews Community Council yesterday said
that he wished all success to the group fighting to stop the
£50 million hotel, conference, golf and leisure development under
construction at Kingask, near St Andrews.
It was revealed at the weekend that the St Andrews-based
Review Funding Association has engaged a top QC, Lord Mackay of Drumadoon, as
it prepares to challenge Fife Council in the Court of Session.
The group is seeking a judicial review of the granting of
planning permission to St Andrews Bay Development Ltd and is claiming that the
local authority acted illegally during the planning process.
A £100,000 fund-raising appeal launched by the group
in a bid to cover the possible legal costs involved in the challenge is already
halfway to its target.
It is being claimed that the council failed to consider
properly the impact the development would have on the environment and that it
made a significant departure from development plans without notifying the
Scottish Secretary.
The question of judicial review was raised by the community
council not long after the go-ahead for the scheme was given by the
councils centrally-based strategic development committee.
The body eventually decided not to take the matter further,
however, mainly because of the huge costs that could be involved.
Yesterday chairman Dr Frank Riddell made it clear that the
QC consulted by the community council had - like counsel engaged by the Review
Funding Association - found that there were stateable grounds for
seeking a judicial review.
Counsel said that he was very sceptical about the way
the council had handled the process.
I hope that a thorough judicial investigation will
allow the court to get to the bottom of the whole issue.
People will not stand idly by and allow the
environment of St Andrews to be degraded.
A hearing has been arranged of a Court of Session sitting
on January 12 next year. more Challenge News more
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