A bid to open a coffee kiosk in a St Andrews garden has been granted, despite an ongoing land ownership battle.
Optimus Trustee Limited is embroiled in a landmark court case after the Scottish Government ordered it to sell Greyfriar’s Garden to a community group.
It was the first successful application under a new section of the Land Reform (Scotland) Act, but has since been appealed and a ruling is pending.
In the meantime, a Holyrood reporter has now overturned Fife councillors’ refusal of planning permission to allow Optimus to serve snacks from a converted horse box.
David Middleton, from the rival Poet’s Neuk group, is “highly critical” of the decision, before the ownership issue is resolved.
He says it dismisses a high level of objections and could cause issues for neighbours.
However, he does not believe it will affect the outcome of the groundbreaking civil court case.
‘No overwhelming opposition’ to St Andrews coffee kiosk
Poet’s Neuk has long-standing planning permission to create a poetry garden in the “unsightly and overgrown” patch of ground, the site of a former monastery chapel.
It would be dedicated to poetry by, and about, Mary, Queen of Scots.
However, the group cannot proceed as it does not own the land.
Meanwhile, Optimus’s coffee kiosk plan has twice been refused by councillors and a previous appeal was rejected.
But this time, reporter Stuart West said: “I do not consider the proposed development would undermine the significance of the former garden or its contribution to the character of the streetscape.”
And his ruling added: “I do not agree with concerns it would create a dangerous precedent for future changes of use of private gardens.
“Forty-one objections does not demonstrate overwhelming opposition locally.”
Will ‘significantly improve’ site
Greyfriar’s Garden is in St Andrews conservation area but has been neglected for many years.
Some locals claim it is regularly used as a toilet by both dogs and humans and there is evidence of drug use.
Mr West visited the site before ruling on the appeal.
He said: “The garden was unsightly and had become overgrown with litter and rubbish accumulating in various locations.
“I consider that the current condition of the appeal site is having a detrimental impact on the character and appearance of the conservation area.”
He added he is satisfied the coffee kiosk will “significantly improve” the site.
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