Angus Council has lost a landmark legal case in the battle over a disused 45-year-old local leisure centre.
Two judges on a three-strong panel – including Scotland’s Lord President – have upheld an appeal by two Forfar businessmen over the fate of the town’s Lochside Leisure Centre.
The pair launched a judicial review challenge over the authority’s decision to bulldoze the venue.
The legal victory has prompted a demand from town developer Mark Guild for a full independent inquiry into the authority’s handling of the plan to raze a building, which he says has years of life left in it.
It could also leave the authority facing a six-figure legal bill for the costly court fight which has placed the future of the centre back up in the air.
In May, Scotland’s most senior judge, Lord President Lord Carloway, Lord Malcolm and Lord Menzies considered the latest stage in the lengthy legal saga surrounding the centre, which sits on the edge of Forfar Loch and has been closed since February 2017 after being replaced with new facilities at the town’s community campus.
Mr Guild and town hotelier Donald Stewart mounted the court battle after branding the demolition decision – taken by councillors in early 2019 – unlawful.
The May hearing, held remotely due to pandemic restrictions – followed an earlier ruling by Lady Carmichael in the council’s favour that the £500,000 demolition of the centre would allow the land to continue to be used for common good recreation.
The local authority had argued the council decision to knock the building down was taken before new rules under the community empowerment act came into force in 2015.
In the Inner House decision, Lord Carloway said he agreed with the opinion of Lord Menzies that the council had not been entitled to demolish common good buildings prior to 2015 without court authority and that doing so would constitute a change of use.
Lord Malcolm said he agreed with Lady Carmichael’s interpretation of the law.
Mr Guild said: “All we ever wanted to do was to help save this important facility for the community and the public purse demolition costs of £500,000
“We only started court action as it was the last remaining option. Angus Council were offered many opportunities to halt the action and genuinely consult the public They refused on all occasions.
“However, winning or losing in court makes little difference if Angus Council officials won’t listen.”
He added: “Three-and-a-half years on and with over £100,000 spent in the Court of Session, many questions remain unanswered.
“It is time for a full external and independent audit to look into Angus Council and its conduct in relation to Lochside Leisure Centre.”
An Angus Council spokesperson said, “Angus Council notes the majority decision and the dissenting voice of Lord Malcolm who disagreed with the judgment made.
“The council is reviewing the full judgement provided to consider its specific and wider implications”
