Court ruling paves way for forced sale of St Andrews land
The Scottish government said it welcomed the decision.
Forthtay has until 13 May to decide whether to appeal the sheriff's judgement. If the sale goes ahead, it would be the first time that privately-owned land is forcibly sold to a community group in Scotland. Land reform campaigners said they hoped it would set a precedent that other community groups in Scotland might follow. Poets' Neuk said there were problems with littering and other ant-social behaviour on the area of land.Chairman Graham Wynd said the sheriff's decision was "tremendous news" for St Andrews and the community which has supported the project since 2017. "We now have the major task of bringing the Poetry Garden project to a successful conclusion and we do not underestimate the challenges involved and the wide community effort which will be needed," he added. "I have no doubt that this will be forthcoming."
Poet's Neuk applied to the Scottish government to buy the former garden under the terms of the Land Reform (Scotland) Act 2016. That law 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 and said the sale could encourage other communities to consider similar opportunities. But in its appeal Forthtay argued that Scottish ministers had acted "unlawfully" and showed "apparent bias" to the community group when the compulsory purchase decision was made.Lawyers for the landowner also noted that it had repeatedly sought planning permission for the commercial development of the land, applications that were unanimously rejected by Fife councillors.Following a hearing in February, Sheriff Niven-Smith has issued a written judgement refusing the landowner's appeal.Acknowledging the novelty of the case, the sheriff stressed he was not considering the merit of the community group's application, nor of the landowner's continued ownership.In conclusion 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."
Land reform campaigners hope any future forced sale sets a precedent.Dr Josh Doble, policy manager at group 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."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."It is understood that Forthtay have yet to decide whether to appeal the judgement. A spokesperson for MML Law, on behalf of the landowner, previously urged property owners to pay close attention 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."
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