FOI Request - Bogton Park Forres - Portobello Park Ruling

Request 101000220917

Please would you would send me all information (internal and external correspondence, letters, e-mails, reports, minutes of meetings, etc) relating to the plans for Bogton Park, Forres, that mention the Portobello Park court ruling and the proposed Portobello Park private bill, currently in Parliament, which seeks to circumvent the ruling by the Court of Session that Portobello Park, which is inalienable common good land, in Edinburgh cannot be built on. I believe that the situation in Portobello may have been discussed with reference to your council's plans to appropriate Bogton Park for a retail development.

Response 07-02-2014

There has been no reference to the Portobello case in any of the correspondence concerning Common Good land at Bogton Road, Forres. Planning consents do not require ownership of land to be proven before being awarded, that would be a matter for developers.

I wish to correct your erroneous notion in the last sentence of your request. The Moray Council has no plans to ‘appropriate’ land for a retail development. However, as trustees of Common Good the council has a fiduciary duty to consider any offer it receives that might be of interest or benefit to the local community.  Thereafter any disposal or otherwise of Common Good land would require a public consultation and the agreement of the elected members of the council. These are standard procedures.

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