Latest news with #Poet'sNeuk
The Courier
25-04-2025
- Business
- The Courier
Landowner fails in legal bid against forced sale of St Andrews site
A landowner has failed to overturn a government decision forcing it to sell an 'eyesore' piece of land linked to Mary Queen of Scots in St Andrews. The Forthtay Limited Employee Trust instructed lawyers to go to Dundee Sheriff Court to argue that the Scottish Ministers acted unlawfully towards it. The trust accused the Scottish Government of 'apparent bias' towards a community group called Poet's Neuk. The Scottish Government used the Land Reform (Scotland) Act 2016 to compel Forthtay to sell a piece of land in St Andrews at Greyfriars Garden and St Mary's Place to the community group. In their decision, the ministers cited legislation which states that land can be bought by a community organisation via compulsory purchase if it is likely to further 'sustainable development' and is in the 'public interest'. The move was granted in 2023, with ministers arguing the transfer would 'promote social sustainability by creating a place where members of the local community can meet and interact'. It is the first time the legislation has been used to force a community buyout of land. Ministers said the sale to the group under land reform legislation was in accordance with the law. Poet's Neuk plans to turn the plot in to a public garden dedicated to Mary Queen of Scots. The land is said to have been given to the people of St Andrews by Mary shortly before her abdication in 1567. It is also located close to Greyfriars monastery which was founded in the late middle ages by Bishop James Kennedy sometime between 1463 and 1466 before it was destroyed around June 1559. The court heard how Poets Neuk say the site is an 'eyesore' and is a hub for antisocial behaviour. However, lawyers for Forthtay argued that the decision made by ministers was unlawful and didn't follow correct legal procedures. However, in a written judgement published on Friday, Sheriff Timothy Niven Smith ruled in favour of the Scottish Government. He wrote: 'Having carefully considered the submissions and having reviewed the totality of the decision of the respondent I prefer the submissions of the respondent. I am satisfied that the Ministers had regard to the legal framework and applied the correct test in law to the questions they required to answer. 'I am not satisfied that they failed to consider material considerations or that they acted irrationally in their decision making. I am not satisfied that there was any real possibility of bias accordingly, I refuse the appeal.' Poet's Neuk was awarded the right to buy the land, at the corner of Greyfriars Garden and St Mary's Place, by Scottish ministers in 2018. In proceedings earlier this year, it was reported that lawyer Kenneth Young, acting for Forthtay, which is based in the Isle of Man, said that decision was 'seriously flawed'. He said, in reaching the decision, the 'benefit of the doubt' had been given to the group over the landowner at every stage. He pointed to a number of rejected planning applications for the site. Mr Young said it was equivalent to the landowner 'starting a goal down or with 10 men' when up against the Poet's Neuk application. Council planners previously approved the group's application to transform the site into a garden, complete with a statue of Mary Queen of Scots. The group claims the land has been neglected and allowed to become a magnet for anti-social behaviour and drug taking. The Scottish government's lawyer, Juliet McKinlay KC, said ministers had to consider 'the reality of what was happening on the site'. She said ministers had acted lawfully and the decision was based on whether the transfer was 'likely to further the achievement of sustainable development'. In the judgement published on Friday, Sheriff Niven Smith spoke of how the site is close to 'B-listed late Georgian town houses.' He also wrote of how he considered the ministers followed correct legal procedures in the case. Sheriff Niven Smith added: 'I am not persuaded that the ministers failed to have regard to the appellants proprietorial rights or that the decision they reached was not proportionate in the circumstances accordingly. 'I am not satisfied that the decision of the ministers has fallen seriously short of the standard required. The appellants appeal on this ground is therefore unsuccessful.'
The National
25-04-2025
- Business
- The National
Scottish court backs first forced sale of private land to community
Landowner Forthtay Ltd appealed the decision of Scottish ministers who backed the compulsory purchase bid by community group Poets' Neuk, who wants to develop a plot in Fife into a public garden dedicated to Mary Queen of Scots. The current plot in St Andrews has been described as "an eyesore". Following a hearing in February, Sheriff Timothy Niven-Smith has refused the Forthtay Ltd's appeal. The landowner now has until May 13 to decide whether to appeal the judgment. READ MORE: Ariane Burgess: Land is power. Our country should belong to all of us If the sale goes ahead, it would be the first time that privately-owned land is forcibly sold to a community group in Scotland. Niven-Smith stressed he was ruling on the legality of the decision, not the group's application. He wrote: "I am satisfied that the ministers had regard to the legal framework and applied the correct test in law to the questions they required to answer." Poet's Neuk applied to the Scottish Government to buy the land under the Land Reform (Scotland) Act 2016, which allows land to be sold to a community group by compulsory purchase if it is likely to further "sustainable development" and is in the "public interest". Ministers backed the application in 2024, however, Forthtay argued that ministers had acted "unlawfully" and showed "apparent bias" to the group. Land reform campaigners hope any future forced sale sets a precedent and inspires other groups across Scotland. Dr Josh Doble, policy manager at Community Land Scotland, said: "The community in St Andrews have had a long road to this point and we wholeheartedly congratulate them on this success. "This decision reinforces the fact that our compulsory Community Rights to Buy - which naturally interfere with private property rights - are not only morally robust but legally sound. "We hope this important judgement provides the Scottish government with much-needed encouragement to take positive and ambitious action on the current Land Reform Bill. READ MORE: Scottish university staff set to strike at troubled institution "The bill needs to ensure that all significant landholdings in Scotland are owned and managed in the public interest. And if they are not, ultimately the existing landownership can be challenged." A spokesperson for MML Law, on behalf of the landowner, previously urged for close to attention to be given to the case as it "could have far reaching consequences for many around Scotland". A Scottish government spokesperson said: "We welcome the sheriff's decision to allow the sale of Poet's Neuk to the community to proceed."
