A Scottish council has won the right to demolish a disused leisure centre, rather than sell it, despite having a purchaser lined up.
Angus Council decided last year that it should tear down Lochside Leisure Centre, in Craig O’Loch, Forfar, and return the land it is on to open space. The centre has been disused since 2017, when a new leisure centre opened.
However, Mark Guild, a local property developer, has been campaigning to save the centre from demolition. According to a ruling in the Court of Session last week, he has prospective buyer in place, and can redevelop the property.
He has challenged the council’s decision ins Scotland’s Court of Session, arguing that the council made the decision to demolish the centre with unreasonable haste.
He also argued that the council had a duty not to dispose of the land for less than its worth. Demolition, he argued, was a costly option while selling wouldn’t be.
However, in her ruling, Court of Session Judge Lady Carmichael, disagreed. She ruled that, while the council could have postponed dealing with the issue, they weren’t wrong to decide when they did.
She also ruled that the council was not disposing of the property by demolishing it as there was no suggestion the council planned to sell the site after the work.
“The common good property in this case is the land, and not the building,” she said. “Demolition of the building will not result in disposal of the land.”
And in addition, as the council planned to turn the plot into open parkland, the land hadn’t changed in use.
“The common good land is presently used for leisure purposes, and that will remain the case after the building has been demolished.”
“I therefore refuse to grant the order sought in the petition,” she ruled.
Opinion of Lady Carmichael in the petition of Mark Guild and another.
For Judicial Review in the Outer House, Court of Session
13 February 2020
