BSCG takes Cairngorms local plan challenge to Court

Details
Written by Gus Jones
Category: Debates
Published: 26 January 2012
Following four days in the Court of Session in Edinburgh It is likely to be some months before we can expect the judgement of Lord Glennie in the case challenging the Cairngorms National Park Authority (CNPA) over the 2010 local Plan for the National Park. The case challengess a number of allocations in the local plan adopted by the Cairngorms National Park Authority (CNPA). The grounds  include that the CNPA failed to take reasonable account of damaging environmental impacts, in spite of legal obligations including the founding legislation for National Parks in Scotland. The case was brought by BSCG jointly with the fellow environmental groups the Cairngorms Campaign and the Scottish Campaign for National Parks. All parties appeared grateful that the judge allowed extra time on the last day avoiding the delays and added expense of extending the proceedings to a later date.
Sir Crispin Agnew QC pesented the case for BSCG and our co appellants. Douglas Armstrong QC presented the response for the Cairngorms National Parks Authority. The Convener for the National Park Authority described   the CNPA as defending the case “robustly”.  James Findlay QC represented  three further respondents  ( developers and landowning interests)  each involved with sites where housing  allocation in the local plan could be quashed by the court.
One outcome we are hoping for is that   allocations for new built development will be quashed. The allocations raised in the case are at Nethybridge, Carrbridge, Kingussie and An Camas Mor.   The largest of these is the An Camas Mor 1500 house new town proposal in the Cairngorms National Scenic Area across the River Spey from Aviemore.
Another outcome of the judgement could  be to clarify important matters of legal principle of general  public interest;  such as giving timely and due weight to environmental concerns in the planning process.  We have consistently maintained   that to deliver conservation objectives requires timely and realistic   assessment of the likely   environmental implications of developments, applying the precautionary principle whenever appropriate. At a top tier site we look for standards of governance sufficient to ensure that serious concerns including ones related to species that are known to be globally threatened are taken properly into account.
On the final day of the case the court discussed the possibility of a future hearing to deal with some matters that may require to be resolved depending on the findings of the Court.
In what can be viewed as a David and Goliath struggle we have been deeply heartened by the breadth of public support that we continue to receive. Without the generosity of literally hundreds of people and a number of organisations we would have been unable to take our case to court.
Needless to say BSCG and our co appellants consider our grievances amply merit the intense high level legal scrutiny to which they have now been subjected.  We now hope the judgement when it comes will deliver positively for the environment conservation and the future of   the Cairngorms area that is deservedly so special and dear to the hearts of so many.

Following four days in the Court of Session in Edinburgh It is likely to be some months before we can expect the judgement of Lord Glennie in the case challenging the Cairngorms National Park Authority (CNPA) over the 2010 local Plan for the National Park. The case challengess a number of allocations in the local plan adopted by the Cairngorms National Park Authority (CNPA). The grounds  include that the CNPA failed to take reasonable account of damaging environmental impacts, in spite of legal obligations including the founding legislation for National Parks in Scotland. The case was brought by BSCG jointly with the fellow environmental groups the Cairngorms Campaign and the Scottish Campaign for National Parks. All parties appeared grateful that the judge allowed extra time on the last day avoiding the delays and added expense of extending the proceedings to a later date.    

Sir Crispin Agnew QC pesented the case for BSCG and our co appellants. Douglas Armstrong QC presented the response for the Cairngorms National Parks Authority. The Convener for the National Park Authority described   the CNPA as defending the case “robustly”.  James Findlay QC represented  three further respondents  ( developers and landowning interests)  each involved with sites where housing  allocation in the local plan could be quashed by the court.

One outcome we are hoping for is that   allocations for new built development will be quashed. The allocations raised in the case are at Nethybridge, Carrbridge, Kingussie and An Camas Mor.   The largest of these is the An Camas Mor 1500 house new town proposal in the Cairngorms National Scenic Area across the River Spey from Aviemore.

Another outcome of the judgement could  be to clarify important matters of legal principle of general  public interest;  such as giving timely and due weight to environmental concerns in the planning process.  We have consistently maintained   that to deliver conservation objectives requires timely and realistic   assessment of the likely   environmental implications of developments, applying the precautionary principle whenever appropriate. At a top tier site we look for standards of governance sufficient to ensure that serious concerns including ones related to species that are known to be globally threatened are taken properly into account.

On the final day of the case the court discussed the possibility of a future hearing to deal with some matters that may require to be resolved depending on the findings of the Court.

In what can be viewed as a David and Goliath struggle we have been deeply heartened by the breadth of public support that we continue to receive. Without the generosity of literally hundreds of people and a number of organisations we would have been unable to take our case to court.

Needless to say BSCG and our co appellants consider our grievances amply merit the intense high level legal scrutiny to which they have now been subjected.  We now hope the judgement when it comes will deliver positively for the environment conservation and the future of   the Cairngorms area that is deservedly so special and dear to the hearts of so many.