Latest news with #Forthtay
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.'
BBC News
25-04-2025
- Business
- BBC News
Court ruling paves way for forced sale of St Andrews land
A landowner has lost an appeal against a Scottish government decision forcing it to sell a patch of overgrown land in Fife to a community group. The group, called Poets' Neuk, wants to develop what it describes as an eyesore plot in St Andrews into a public poetry garden dedicated to Mary Queen of Scots. The landowner Forthtay Ltd appealed the decision of Scottish ministers to back Poets' Neuk compulsory purchase bid, accusing them of "apparent bias". After a hearing at Dundee Sheriff Court earlier this year, Sheriff Timothy Niven--Smith said he was satisfied ministers had acted lawfully. 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 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 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 a hearing in February, Sheriff Niven-Smith has issued a written judgement refusing the landowner's 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 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 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."
BBC News
17-02-2025
- Business
- BBC News
Owner challenges order to sell patch of land to St Andrews community group
A landowner is challenging a Scottish government decision to force it to sell a patch of overgrown ground to a community Ltd does not want to sell the strip of land in St Andrews to Poet's Neuk, which plans to turn it in to a public garden dedicated to Mary Queen of those behind the Isle of Man-based trust were compelled to do so by ministers under the terms of land reform laws, which came into force in is the first time the legislation has been used to force a community buyout of land, and the Scottish government will defend its decision in a case starting at Dundee later. And, if the appeal is denied, lawyers for the trust say it may have a "ground breaking" implications for land ownership in Scotland. Poet's Neuk said the land - at the corner of Greyfriars Garden and St Mary's Place - was gifted to the Fife town by Queen Mary prior to her abdication in group said in recent years it has been the scene of anti-social behaviour and drug taking and also has an issue with vermin. Poet's Neuk was granted planning permission from Fife Council to transform the land - which sits within St Andrews' conservation area - into a public garden, complete with a statue of Queen 2018 it was awarded the right to buy the land under the Land Reform (Scotland) Act 2016.A provision added to the legislation in 2020 stated "abandoned, neglected or detrimental" land can be bought by a community organisation via compulsory purchase if it is judged to be in the "public interest" for it to do was granted to the group in 2023. 'National implications' But lawyers acting for Forthtay, which was previously known as Optimus Fiduciaries Ltd, said several of its previous planning applications for the site were rejected by Fife latest application was for a coffee kiosk on the land inside a converted was unanimously refused after attracting more than 40 also said previous plans to curb anti-social behaviour on the site were turned down by the Law, based in Dundee, warned the outcome of the case would have "national implications".A spokesman said: "The owners are now essentially being accused and found guilty of effectively neglecting the land and thus being required to forfeit ownership against their wishes."This is a groundbreaking case which could have far reaching consequences for many around Scotland."Any property owner in Scotland would be well advised to pay very close attention to the provisions of this act and how this case unfolds."The Scottish government said it could not comment on live cases.
