Banff campaigners are preparing for a legal battle to stop Canal Park being paved over for a Morrisons supermarket.
Scotland’s supreme civil court will rule on the sale of the lucrative land following months of debate that has divided the community.
Opponents of the scheme joined forces when the council launched talks to sell off the Deveronside site to the retail giant last spring.
As it is common good land, it can not be sold without approval from the Court of Session.
‘We are objecting for several reasons’
It is this next step, due to take place soon in Edinburgh, that will determine whether Banff’s first major supermarket opens there.
And now the Canal Park Group has been officially constituted, which means it will have a say in the legal process.
Chairwoman Mary Arnold said: “We are objecting to the sale of the grounds for several reasons.
“We feel it is important for our community to be represented and for our collective voice to be heard.”
Although now able to make a “formal representation” to the court, there remains work to be done.
The Canal Park Group says the “legal procedures involved” are “costly”.
With no legal aid available for such cases, members hope to raise enough funds to support this.
‘It’s important to take a stand’
Group member and Macduff resident, Rachel Kennedy, has been a leading light in the campaign.
She said: “We have discovered that it’s hard to take on your local council if you don’t agree with what they are doing, and yet we felt it was important to take a stand.”
And the local branch of the Green party is lending its support.
Louise McCafferty, co-convener, argued that the sale plan is an example of “communities being ignored”.
Does Canal Park group represent the majority?
That claim contradicts a poll carried out by the P&J last summer.
The result showed that 311 people wanted a new Morrisons at Canal Park, while 239 voted to save the green space.
That represents a majority of 56.55% against a 43.45% minority.
However, it later emerged that 62% of the respondents to a 10-week consultation carried out by Aberdeenshire Council raised concerns about the move.
Despite that, councillors voted to proceed with the sale process last August.
Why does Canal Park Group want to preserve the land?
Canal Park was gifted to the towns of Banff and Macduff by Alexander Duff, 6th Duke of Fife, in 1907.
It is used by locals as amenity space, and by local amateur football sides.
Do you think Banff still needs the Morrisons? Let us know in our comments section
The Canal Park Group say it should “retain its Common Good status”, and “be used for recreation as originally intended”.
There are even hopes that it could become a permanent home for Deveronvale Community Football Club.
Campaigners say the spot “holds many happy memories for local families”.
Aberdeenshire Council said its own preparatory work for the hearing is “almost complete”.
A spokeswoman added: “Once outstanding points have been clarified, the petition will be finalised for lodging and interested parties will receive notice of any submission to court.”
For information on the campaign or to make a donation, people should email canalparkbanff@gmail.com and you can see the Morrisons plans here.
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