A campaigner has mounted a legal challenge over the decision to approve a housing development on Portessie woodlands.
Last March, an application from Morlich Homes to build seven houses on woodland adjacent to number 1-5 Station Road, Portessie, was approved by Moray Council’s planning review body.
The developer appealed against an earlier decision to refuse.
In a five to three vote, the scheme was approved.
This came despite it contravening six key policies in the Moray local development plan.
A majority of councillors agreed that this was an “acceptable departure” based on “community benefit”, in terms of housing and the school roll.
Appeal to Court of Session over Portessie housing
Some Portessie residents remain up in arms about their woodland and wildlife being bulldozed to make way for new houses.
Earlier this month, lawyers lodged an appeal to the Court of Session over the Moray local review body’s decision.
Now, in court papers seen by The Press and Journal, it has been revealed that they are representing Save Slochy Woodlands campaign group member Robert Bruce in the case.
It is understood he is seeking legal aid for the case.
‘Any funds not used for the court battle will help community projects’
Fellow campaign group member Stephanie Lindsay said: “We have utilised our statutory right of appeal in terms of sections 237 and 239 of the Town and Country Planning (Scotland) Act 1997.
“To this end, we have appointed senior and junior counsel to act on our behalf.
“We are also receiving the assistance of the Environmental Rights Centre for Scotland.
“In terms of funding, we have crowdfunded and will also seek a Protective Expenses Order as part of the case.
“Any funds publicly raised and not used for the case will be divided amongst community projects chosen by the community.”
What do Morlich Homes think of the legal challenge?
In a statement, Morlich Homes said it would assist the local authority with their legal defence if required.
The statement added: “Morlich as the planning applicant has been narrated as an interested party in the appeal documents.
“We were surprised to learn the action against Moray Council has been raised by an individual and not by the campaign group as they claim.
“Legally as a group with a written constitution they would be entitled to
raise an action as a group.
We will willingly assist Moray Council in their legal defence should this be required.”
Morlich Homes
“We’d also be intrigued to know why this action has been raised with the assistance of emergency legal aid by an individual when the campaign group has already raised funds from members of the public through a crowdfunding platform.
“Having reviewed the papers we consider the link between Mr Bruce and the site and proposals to be somewhat tenuous and will willingly assist Moray Council in their legal defence should this be required.”
Slochy Woodlands campaign
The group claimed that councillor Gordon Cowie had fallen foul of the councillor’s code of conduct.
Specifically, they alleged Mr Cowie failed to declare a personal relationship with Morlich Homes director Charles Milne.
‘No wrongdoing whatsoever’
Charles Milne, who also serves as a deputy Lord Lieutenant of Banffshire, said there had been “no wrongdoing whatsoever”.
He said: “I’m happy for this to be reviewed so that the true facts will come out.
“It is 100% above board.”
At the time, councillor Cowie told the Press and Journal that he did not want to comment until an investigation took place.
The likes of Dr Amir Khan and conservationist Chris Packham have backed the campaign to save Slochy Woodlands.
A total of 5,949 people have signed a petition calling for the housing plans to be scrapped to save wildlife.