Homeowner threatens to take council to court over Trump plans

planning permission for £1bn resort ‘specifically excluded’ extra land including his house, he says

By Gillian Bell

Published:

An angry homeowner has threatened to take Aberdeenshire Council to court if its members back plans to add his property to the proposals for Donald Trump’s £1billion golf resort today.

David Milne lives at Hermit Point on land the tycoon wants for his development at Menie Estate near Balmedie.

Today the council’s Formartine area committee will discuss planning applications to add four homes, including Mr Milne’s, and two plots of land to the outline plans for the scheme.

Last night, Mr Milne said he hoped councillors would take a “close look” at the individual cases, but warned he may take the local authority to court if his home is included.

The 45-year-old said planning permission granted by Scottish ministers in December “specifically excluded” the extra land, so it should not now be used as a reason to grant planning permission.

Mr Milne also said there was no environmental impact assessment carried out on the extra plots, which “should have been submitted as part of the application”.

A report which will be discussed by councillors today says an environmental impact assessment was considered, but deemed unnecessary.

It adds: “Prior to the submission of this application, screening was undertaken to ascertain whether or not a further environmental impact assessment (EIA) was necessary.

“In consultation with SNH (Scottish Natural Heritage) it was agreed that this site, although not covered by the original outline planning consent, was covered by the environmental surveys that were undertaken within the environmental statement (ES).

“An additional ES was not deemed necessary.

“Objections in respect of the environmental and visual impacts of the development were considered at length and fully during the public local inquiry into the main consented development.

“As an additional environmental statement was not required for this site and no new issues have arisen these issues are not being addressed in this report.”

Mr Milne said he commissioned specialists who do not agree with the council, however.

He said it is both their and his opinion that the plots will be “incomplete and invalid” if they are added to the proposals and he is considering going to court to try to obtain a quashing motion.

Mr Milne has also written to all MSPs asking for a modification in the law which allows people to apply for planning permission for sites they do not own.

He said: “I am asking for a change in the law so that if you are asking for planning permission for somebody’s house that the householder needs to sign the application form and not just be notified by dropping a letter through the letterbox.”

Aberdeenshire Council planners are urging Formartine committee members to back all five applications for outline planning permission when they meet today.

All the sites – Leyton Farm, Hermit Point, Leyton Cottage, Mill of Menie and Menie Fishing Station and council-owned land at Menie Estate – are surrounded on at least three sides by the land owned by Mr Trump which will be used for the luxury golf resort.

A spokesman for the council said the potential use of compulsory purchase powers to acquire land for the resort is an “entirely separate matter” from the planning applications and would be considered later by full council.