Calendar An icon of a desk calendar. Cancel An icon of a circle with a diagonal line across. Caret An icon of a block arrow pointing to the right. Email An icon of a paper envelope. Facebook An icon of the Facebook "f" mark. Google An icon of the Google "G" mark. Linked In An icon of the Linked In "in" mark. Logout An icon representing logout. Profile An icon that resembles human head and shoulders. Telephone An icon of a traditional telephone receiver. Tick An icon of a tick mark. Is Public An icon of a human eye and eyelashes. Is Not Public An icon of a human eye and eyelashes with a diagonal line through it. Pause Icon A two-lined pause icon for stopping interactions. Quote Mark A opening quote mark. Quote Mark A closing quote mark. Arrow An icon of an arrow. Folder An icon of a paper folder. Breaking An icon of an exclamation mark on a circular background. Camera An icon of a digital camera. Caret An icon of a caret arrow. Clock An icon of a clock face. Close An icon of the an X shape. Close Icon An icon used to represent where to interact to collapse or dismiss a component Comment An icon of a speech bubble. Comments An icon of a speech bubble, denoting user comments. Comments An icon of a speech bubble, denoting user comments. Ellipsis An icon of 3 horizontal dots. Envelope An icon of a paper envelope. Facebook An icon of a facebook f logo. Camera An icon of a digital camera. Home An icon of a house. Instagram An icon of the Instagram logo. LinkedIn An icon of the LinkedIn logo. Magnifying Glass An icon of a magnifying glass. Search Icon A magnifying glass icon that is used to represent the function of searching. Menu An icon of 3 horizontal lines. Hamburger Menu Icon An icon used to represent a collapsed menu. Next An icon of an arrow pointing to the right. Notice An explanation mark centred inside a circle. Previous An icon of an arrow pointing to the left. Rating An icon of a star. Tag An icon of a tag. Twitter An icon of the Twitter logo. Video Camera An icon of a video camera shape. Speech Bubble Icon A icon displaying a speech bubble WhatsApp An icon of the WhatsApp logo. Information An icon of an information logo. Plus A mathematical 'plus' symbol. Duration An icon indicating Time. Success Tick An icon of a green tick. Success Tick Timeout An icon of a greyed out success tick. Loading Spinner An icon of a loading spinner. Facebook Messenger An icon of the facebook messenger app logo. Facebook An icon of a facebook f logo. Facebook Messenger An icon of the Twitter app logo. LinkedIn An icon of the LinkedIn logo. WhatsApp Messenger An icon of the Whatsapp messenger app logo. Email An icon of an mail envelope. Copy link A decentered black square over a white square.

New twist in five-year battle against plans to build houses on north croft

John Grieve by the North Ballachulish croft at the centre of the legal battle
John Grieve by the North Ballachulish croft at the centre of the legal battle

The Crofting Commission has withdrawn a legal appeal over a controversial decrofting application that would make way for a much needed housing development in Lochaber.

And the move has been hailed a landmark decision that will benefit many owner occupiers.

But it is unpopular with people living near the North Ballachulish croft at the centre of the legal battle, who fear it will mean 10 new houses will now be built in the crofting community.

Donald and Elizabeth MacGillivray of nearby Onich were refused planning permission for the development at Linnhe View by Highland Council in 2010 following intense local opposition.

This decision was overturned after the couple appealed to the Scottish Government and the planning permission was renewed in August of last year, but they are unable to proceed until the land is decrofted.

The commission initially found their decrofting application to be incompetent because its policy stated that applications for crofts with multiple owners, must be submitted by all of the owners.

However, last December a Scottish Land Court ruled the application was competent.

The commission then appealed this decision to the Court of Session, but it today confirmed its appeal has been withdrawn.

This establishes that a single owner, as the landlord of their part of the croft, is entitled to submit a decrofting application to the commission for the part of the land they own.

The commission will now have to reconsider the MacGillivray’s application to decroft.

Commission’s convener Susan Walker said: “The ruling has implications on part croft owners in relation to the requirement to register the croft prior to submitting certain regulatory applications.

“The commission is working to align our policy to the ruling and will begin to process applications relating to part crofts from single owners.”

John Grieve, spokesman for those against the development isaid: “Just about the whole community is totally against this.

“It would totally change this area from a crofting environment into a suburban land development.

“I’m very sorry to hear that the Crofting Commission has withdrawn its appeal. I just hope it now refuses the application to decroft the land.”

And Councillor Bren Gormley, Fort William and Ardnamurchan, said: “I can’t remember many planning applications where such a huge proportion of the community was against an application.”