Judicial review call as Flamingo Land Lomond Banks approved
What's clear is the sense of shock felt by some in the community. Balloch and Haldane Community Council expressed 'deep disappointment and outrage' and called for an emergency meeting of all key stakeholders and political representatives. Alannah Maurer of Save Loch Lomond described it as an 'affront to democracy'.
But it is not necessarily over. At least one option now remains through which approval can be opposed – a judicial review, petitioned by the Loch Lomond & the Trossachs National Park Authority (LLTNPA), the planning authority which rejected it in September last year.
LLTNPA are standing by their decision. Dr Heather Reid, Convener of Loch Lomond and The Trossachs National Park Authority Board, said: 'We acknowledge the notification from the Scottish Government Reporter that he is minded to allow the appeal and grant Planning Permission in Principle for the Lomond Banks tourism development in Balloch.
'We stand by the reasons for the Board's unanimous decision to refuse this planning application and it is deeply disappointing that the Reporter has taken a different view. We will now take some time to go through the report and to understand its implications.'
But will the National Park authority petition fight this decision? National Parks campaigner and author of the ParkswatchScotland blog, Nick Kempe, has called on the park authority 'to petition for judicial review'.
Kempe, who believes that one of the reasons that the reporter made this decision is 'because the LLTNPA's reasons for rejecting the application were so weak', says: 'If they want to now show faith as a National Park, they need to challenge this decision. They now need to start behaving like a National Park and challenge this decision.'
Artist's impression of Lomond Banks (Image: Lomond Banks)
Other avenues for fighting the development appear to have now closed. Scottish Government ministers can no longer call in and overturn it because the window, before the Reporter makes a decision, for doing this has passed.
That ministers failed to call it in has infuriated some campaigners. Alannah Maurer of Save Loch Lomond said: 'The Scottish Government should have called it in before the reporter made this decision. They had all the tools in the box and chose not to use them. It's cowardice. They don't want to use them. Now the only option is a judicial review. It's an affront to democracy. The SNP have abdicated responsibility.'
Read more from Vicky Allan:
The resort, comprising woodland lodges, hotels, monorail, waterpark and other facilities, has often been described as the 'most objected to' planning application in history due to the over 150,000 objection signatures gathered through a petition portal.
Lomond Banks, the resort's developer, owned by the Yorkshire theme park operator Flamingo Land, had appealed the rejection by LLTNPA and responded to the decision with delight.
Jim Paterson, Development Director for Lomond Banks, said: 'This is a real milestone moment for the Lomond Banks vision, and has been a long time in the making."
Lynne Somerville, director of Loch Lomond South Community Development Trust (Image: Colin Mearns)
Meanwhile, the decision has a potential negative impact on plans which have been developed by Balloch and Haldane Community Council (BHCC) and The Loch Lomond South Community Development Trust. A planning application has already been submitted for the temporary asset transfer of the Tourist Information Building and relationships developed with partners.
'This is not just a bad planning decision," a spokesperson for BHCC said, "it is a fundamental failure of democracy and policy, This decision rides roughshod over the principles of community empowerment, environmental protection, and democratic accountability.
'Our community, through proper statutory channels, objected in strong and clear terms. The will of the people has been ignored.'
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The Loch Lomond South Community Development Trust has said it will move forward with developing a positive, community-led alternative for the site — one that reflects 'local values, protects natural heritage, and promotes sustainable, inclusive tourism".
'This is about more than just opposing a development,' said a Trust spokesperson. 'It's about creating a future that reflects the true spirit of Loch Lomond — one led by the people who live here, not imposed from above.'
'We are not backing down,' BHCC added. 'The gloves are off. This is our community, our land, and our future — and we will fight for it.'
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