Edinburgh Council accused of 'long saga of obstruction' after Granton developers lose court case

The latest legal battle was over a fee of more than £26,000 for a planning application.

The developers of the Granton Marina have lost their most recent court case.

The developers behind the multi-million redevelopment of the Granton Marina could be forced to stump up more than £26,000 after losing a court case in the latest legal battle between them and Edinburgh City Council.

The defeat is the latest in a long line of legal and planning disagreements between the developers, Edinburgh Marina Holdings, and the council.

The case was labelled as another example of the “long saga of obstruction” for the project undertaken by the council.

The council said it was their “legal duty” to ensure the correct fees are received by applicants.

Developers of the scheme, Granton Central Developments, had taken to the council to court over an application for approval of matters subject to condition (AMSC application) which cover certain aspects of the development not yet put before councillors.

A decision by Lord Tyre in the Court of Session concluded that rather than pay just £401 in fees for such an application, claimed as the total required by the developers, the company must instead stump up £26,450.

The crux of the case was around whether the original 2003 permission, which was successfully extended through an appeal to the Scottish Government by the developers after councillors rejected the plans, allowed for the lower fee in law.

Lord Tyre wrote in his decision: “In the present case, the 2003 permission remains in existence as a matter of law. But it remains in existence in the same terms as when it was granted, including the 15-year time limiting condition.

"It follows that, in practical terms, no AMSC applications may now be made under it. The Council is accordingly not under a duty to validate and process the application until the

correct fee has been tendered.”

A spokesman for Granton Central Developments said: "We are aware of this matter. It is yet a further event in the long saga of obstruction of our scheme promoted by Edinburgh City Council and we will deal with the matter going forward in the appropriate fashion."

A Council spokesperson said: “We defended our position in Court to ensure that the appropriate planning fee was paid. Fees are set by government in law and we must obtain these when planning applications are submitted.

"It is our legal duty and important to ensure that applicants bear their share of the costs of processing planning applications, particularly in the current climate when much-needed public funds are under critical pressure.”

The costs to the taxpayer of the ongoing legal wrangle, which includes several planning appeals to the Scottish Government and a fierce court battle over the extension of the original planning permission, is not clear due to the council refusing to release information about the cost of the actions and lost court cases.

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