Court date set for first Market Park battle

Jul 3 2009 by Caroline Boxer, Strathearn Herald

THE Strathearn Herald can exclusively reveal that the first of two legal battles with regard to Crieff’s Market Park is set to start next week in Edinburgh’s Court of Session.

A judicial review was raised by Sainsbury’s in February to challenge the lawfulness of Perth & Kinross Council’s decision on December 17, 2008, which favoured Duchlage Farm as the preferred site for a new supermarket development.

The opening stages of the judicial review will begin on Tuesday next week and are expected to continue until Friday.

During this time both sides will set out their case. Following this there is expected to be a gap of between two to three months before the proceedings continue.

Sainsbury’s decided to mount the challenge following legal advice that, in taking the decision to back the Duchlage site, the council had acted beyond its powers.

A spokesperson for the supermarket chain said: “Sainsbury’s remain convinced that the Market Park is the best site for a supermarket in Crieff.

“It has the support of the local community and many of the local politicians and Sainsbury’s remain confident of that case that is going before the court.

“Sainsbury’s have made every effort to try and deal with this through negotiation but unfortunately haven’t been able to get any kind of engagement with PKC and have reluctantly taken legal action.”

Local MP Gordon Banks is one of the politicians who has supported Sainsbury’s plans.

Yesterday he told the Herald: “Finally it looks as though we may be entering into the last stages of the process that will deliver a decision, not only on the supermarket for Crieff but also for the future of the Market Park.

“I am disappointed that this whole process has dragged on for years as it obviously has implications for residents and community groups in the area.

“It is my hope that the judicial review acknowledges the strength of the Sainsbury’s proposal because the positive impact of this proposal on community facilities is significant.”

When the news originally broke that Sainsbury’s were taking legal action, a spokesperson for PKC said: “The council’s commitment to Crieff goes far beyond the development of just one site. Our motivation is to look to the long-term interests of Crieff as a whole.”

The separate action being taken by Crieff Highland Gathering against PKC in relation to the lease agreement for the Market Park is not likely to begin until the end of the year.