The Scottish Government is facing questions over its conduct in the ongoing appeal over controversial plans to build a holiday resort in Loch Lomond.
Ross Greer addresses campaigners against the Flamingo Land development outside parliament in May(Image: Jeff J Mitchell, Getty Images)
SNP ministers have been accused of “unlawful and biased” conduct in an appeal over Flamingo Land’s controversial Loch Lomond resort.
The claim is part of a letter of complaint lodged by Green MSP Ross Greer through his lawyer – which also raises fears key documents may have been falsified.
It comes after the Scottish Government “called in” the £43million bid for a resort on the shore at Balloch, Dunbartonshire, proposed by theme park operator Flamingo Land.
Scottish Government civil servants had granted the planning application – overturning an earlier rejection by Loch Lomond and the Trossachs National Park.
But this was met by fury from campaigners and politicians against the bid – including Greer and Labour’s Jackie Baillie, who threatened a parliamentary vote. Now ministers have been forced to reconsider the case.
Artist’s impression of the Lomond Banks proposal led by Flamingo Land(Image: Copyright Unknown)
But Greer has now hit out at “deeply questionable” decisions in the government’s recent handling of the case – including sanctioning a new sped-up draft planning agreement led by Flamingo Land’s developers.
It follows the reappointment of a senior official, Reporter David Buylla, to organise the case and recommend to ministers despite being the one who approved the resort.
Greer, who is running to be Scottish Greens co-leader, said: “They refuse to hold any public hearings and have asked the same official who tried to approve the plans to mark his own homework by making recommendation for a fresh decision.
“Now they’re asking Flamingo Land to draft their own planning conditions on their own terms, against the wishes of the National Park. Is it any wonder that local people get the feeling that the cards are being stacked against them?”
It comes as lawyers for the National Park last week criticised the new process as “highly unorthodox”.
Flamingo Land’s park at Kirby Misperton near Malton, Yorkshire
In a separate letter to Scotland’s Chief Planner, Greer’s lawyer Ian Cowan warned ministers aren’t following proper procedure and their handling of the called-in appeal “appears to be both unlawful” and “tainted by bias”.
He said the process should be “abandoned” and replaced with a fairer one.
Cowan added: “My client does not question Mr Buylla’s professionalism. But the recall of the appeal should have meant that he played no further part in it.”
He also questioned “anomalies” in key files published by the government’s appeals division last month.
A “minute of appointment” reappointing Mr Buylla to prepare a report for ministers was published on July 4, but purportedly signed off by a senior planning official on June 24.
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However, the document doesn’t carry the official’s digital signature – and the document’s properties show it was created on July 4 – 15 minutes after a different letter by Mr Buylla was published setting out the new process.
Cowan has questioned officials on why the document was backdated.
Greer told the Sunday Mail: “I hope there is a simple explanation for this inconsistency in the date of the official’s appointment, because it is hugely concerning.
“There needs to be full transparency here if the public are to have any confidence in this process.”
The Scottish Government said it decided to recall the appeal as “the proposed development raises issues of national significance”. It added: “As this is a live planning appeal it would not be appropriate to comment further.”
Flamingo Land ‘s lawyers have said complaints about the new process are “without substance”.