Green MSP Ross Greer has promised to take Flamingo Land to court if their proposals for a giant waterpark on Loch Lomond are approved.
The West Scotland representative said he would look at bringing a judicial review in the Court of Session if the “destructive and unwelcome development” on the banks of the stunning loch are given the go-ahead.
Locals fear that the colossal plans for a 46-acre resort in Balloch, which includes a water park, monorail, swimming pool, hotel, lodges and eateries, would be an eyesore at one of Scotland's iconic beauty spots, reports the Daily Record.
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So far, Flamingo Land's proposals had received more than 70,000 objections, which is the most in the country's history. Lawyers for the Scottish Green politician have also claimed developers may have breached planning rules.
It comes after Flamingo Land made sweeping alterations to their bid in February in response to park authorities raising 16 “areas of concern” with the application, chiefly on environmental grounds.
Planning law expert Ian Cowan, representing Greer, said under Scots regulations, the developers should have started again from scratch with a new application.
Greer has now lodged his own updated objection to the plans - prepared by Cowan - which claims “many aspects of the proposed development fall well short of the required standards”.
It adds: “My client therefore… urges you again to recommend to the Authority’s Planning Committee that the application be refused, and gives you notice again that, should it be approved, my client will consider petitioning the Court of Session for judicial review of that decision.”
The MSP said: “There are simply no grounds on which to grant consent to such a destructive and unwelcome development. Loch Lomond is a national treasure and I’m prepared to use every tool at my disposal to protect it.”
Flamingo Land’s bid to build on the shore of Loch Lomond - managed by developers Lomond Banks - is the second time the theme park operator have attempted to build on the site after a previous application was dropped in 2019 amid local anger.
The second bid, submitted in May 2022, has also been hit by setbacks and controversy.
In December, the Loch Lomond Trossachs National Park Authority sent a scathing letter to Flamingo Land hitting out at a range of missing details from their proposals, including a lack of clarity on the potential impact on woodland and water quality.
The firm quickly revised their plans again in February, dropping a proposal to build on ancient woods.
But Cowan, from expert group Highland Environmental Law, highlighted rules stating that while applications can be altered during the planning process, authorities should not agree to “substantial” changes.
In legal memos he added that if "the applicant wishes to alter the proposed development in this way”, they should “withdraw the application and submit a new application”.
Jim Paterson, development director for Lomond Banks, said: “Our ambition has always been to create a world-class tourism destination that can act as an example of best practice in terms of environmental sustainability.
“We are working with some of the most reputable experts in the business to ensure that our proposals meet and, where possible, exceed the requirements of both the National Park’s development plan policies and the National Planning Framework 4 (NPF4).
“Clearly, if Mr Greer wishes to challenge any future decision by the National Park Authority to grant our application, that is a matter for him.
“We remain steadfast in our belief that our plans for Lomond Banks will enhance its status as the gateway to Loch Lomond as well as providing an important economic stimulus to the local area.”
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