A LANDOWNER has launched a legal challenge against the Scottish government’s decision to force it to sell a patch of overgrown ground to a community group in St Andrews.
Forthtay Ltd has been forced to sell a strip of land in St Andrews to Poet's Neuk by ministers under the terms of land reform laws, a decision the Isle of Man-based trust is disputing in court.
Poet's Neuk plans to turn the overgrown plot into a public garden dedicated to Mary Queen of Scots and have previously been granted planning permission from Fife Council.
The land in St Andrews conservation area measures just 300 square metres but is regarded as historically significant as it was the site of a medieval Greyfriars monastery chapel and there have been several archaeological finds.
Poet's Neuk said the land was gifted to the Fife town by Mary, Queen of Scots prior to her abdication in 1567.
It is the first time the legislation has been used to force a community buyout of land, and the Scottish government will reportedly defend its decision in a legal case.
Poet's Neuk said in recent years the strip of land has been the scene of anti-social behaviour and drug taking and plans to turn it into a public garden.
Under the Land Reform (Scotland) Act 2016 land can be bought by a community organisation via compulsory purchase if it is judged to be in the “public interest” for it to do so and if the area is “abandoned, neglected or detrimental”.
Poet's Neuk was reportedly granted a compulsory purchase in 2023.
The Scottish Government said the land transfer was “likely to further the achievement of sustainable development”.
In a decision notice, a spokesperson added the project would “promote social sustainability by creating a place where members of the local community can meet and interact”.
However, lawyers acting for Forthtay, which was previously known as Optimus Fiduciaries Ltd and is based in the Isle of Man, said several previous planning applications for the disputed land were rejected by the local authority.
The latest application submitted by the trust was for a coffee kiosk on the land inside a converted horsebox, which was unanimously refused by the council after attracting more than 40 objections.
MML Law, based in Dundee, told the BBC the outcome of the case, which reportedly began this week, would have “national implications”.
A spokesperson said: “The owners are now essentially being accused and found guilty of effectively neglecting the land and thus being required to forfeit ownership against their wishes.
“This is a ground breaking case which could have far reaching consequences for many around Scotland.
“Any property owner in Scotland would be well advised to pay very close attention to the provisions of this act and how this case unfolds.”
A spokesperson for the Scottish Government said they could not comment on live cases.
