Brora Golf Club.
Brora Community Council is taking action in a bid to resolve a land dispute between the village’s golf club and local crofters.
The community council is inviting both parties to a ‘mediation meeting’ in the hope of achieving a reconciliation before the dispute is heard in the Land Court.
Brora Golf Club has applied to the Scottish Land Court to remove the historic rights of local crofters to graze their livestock on the course.
The club is seeking to resume the entire grazings which, if successful, would be unprecedented.
The club is reportedly concerned about structural damage to the course caused by livestock and the amount of animal manure scattered across the fairways, tees and rough.
However, the crofters argue that they have used the land since before the golf club was formed in 1991, and that the club bought the land from Sutherland Estates at a low price in 2021 due to the crofting restrictions.
They claim that losing the grazing rights would significantly impact their ability to use their fields in the summer to grow winter feed while their stock are on the grazing land.
A mediation meeting would “explore whether the existing grazing regulations can be adjusted to address the club’s need to the mutual advantage of both parties so avoiding a conflicting and expensive legal process”.
The issue was discussed again at a Brora Community Council meeting yesterday, Tuesday, August 19, which was attended by several crofters.
Previously the community council had decided to seek a meeting with golf course managers to gain more insight into why the club wants the crofters removed.
Community council chairperson Becky Clay updated members on the outcome of this meeting, stating that she had spoken to golf club manager David Gemmell in person but he said he could not discuss the case in depth for legal reasons.
Mrs Clay questioned whether the club would be willing to meet with the crofters, pointing out that they had gone straight to the Land Court without opening discussions with them..
Councillor Richard Gale, who represents the East Sutherland and Edderton ward, advised the community council to try to get any rejection in writing, which could then be put before the Land Court.
Concerns were expressed that if the club succeeded in their bid, it might encourage them to take further steps to become even more exclusive, such as cutting off the main access route to Brora Beach which runs through the course.
Associate community councillor Peter Faasen de Heer said: “Our role is to bring parties together and get it resolved amicably. If that is no longer possible, at that point we will have to discuss the issue again and think about taking a side.”
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Associate community councillor Diana Royce said that the offer of a mediation meeting had to be time-limited as the community council could not afford to “faff around”.
One of the crofters present said they would need to consult their lawyer and other shareholders before confirming their attendance at the mediation meeting.
They also suggested that there could be an issue with legal fees if the golf club withdrew their application to the Land Court.
It was explained that the applicant to the land court also also pays the other party’s legal costs..If the case collapsed, the crofters could be left having to pay the legal costs they had incurred so far.
Councillors agreed to send a letter and an email to the golf club, inviting them to attend a mediation meeting and asking for a response within three weeks.
Any response will be discussed at the next community council meeting on September 15.
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