Crieff supermarket court action
What is the history to the Court actions?
Following the identification of a need for a new supermarket in
Crieff two potential sites were considered: Market Park and
Duchlage Farm. After extensive public consultation and
careful consideration of all the issues the Council decided in
August 2005 to identify the Duchlage Farm site as its preferred
location for a new supermarket. However a (then) Scottish
Executive Reporter later decided to grant planning permission for a
supermarket on the Market Park site. More information on the
history of these decisions can be found on the Crieff Study and Market Park appeal pages.
Since the approval of outline planning permission for the Market
Park site a number of court actions have been brought against the
Council.
First Court action: against decision of Council's Property
Sub-Committee
The first action related to a decision by the Council's Property
Sub-Committee in November 2006 to keep the Market Park lease and
negotiate the sale of the Council's land interest in Duchlage
Farm. The applicants who were proposing the development of
the Market Park site considered that not enough information had
been made available to the Committee when this decision was made
and following legal advice the Council decided to set aside the
decision of the Property Sub-Committee.
What happened next?
A further report was then put to Council in December 2008
reviewing the previous decision to identify Duchlage Farm as the
preferred location for a new supermarket in light of new and
additional information which had become available, especially the
outcome of the planning appeal on the Market Park site. The
Council confirmed its position that Duchlage Farm remained the
preferred location for a new supermarket.
The Council also reaffirmed the Development Brief approved in
June 2006 as a basis for the planning of the whole area, including
keeping Market Park as public open space and the potential location
of a new Primary School in the land between Duchlage Farm and the
new Community Campus. You can download the Development Brief here.
Second Court action: by Sainsbury's Supermarkets Ltd
In February 2009 Sainsbury's Supermarkets Ltd challenged the
decision taken by the Council in December 2008 to continue to
prefer the Duchlage farm site despite planning permission having
been granted for a supermarket on the Market Park site. The
Judge's decision was that the Council was entitled to continue to
identify the Duchlage Farm site as the preferred location.
You can read the Judge's full decision here.
Third Court action: by Crieff Highland Gathering Ltd
A third court action was raised in February 2009 by Crieff
Highland Gathering Ltd. They were concerned that the Council
was in breach of its lease of Market Park and the lease was
therefore no longer valid. This would have allowed the Market
Park supermarket development to go ahead. The Judge found
that whilst it was evident that the Council was in breach of its
obligation to maintain the boundary walls the Council is not now,
or has ever been, in material breach of the lease. For this
and for other additional reasons the Crieff Highland Gathering Ltd
were not entitled to end the Council's lease of the Park. You
can read the Judge's full decision here.
What is the current position?
The current position is that the Duchlage Farm site is still the
Council's preferred location for a new supermarket in Crieff and a
planning application for a supermarket on this site is currently
being considered.
