Campaigners have triumphed in a two-year legal battle against Moray Council to stop new houses being built on woodland.
Morlich Homes was hoping to build seven four-bedroom detached homes near Station Road in Portessie.
The application had initially been refused by the council in December 2020.
But the developer appealed and the decision was overturned by the council’s planning review body by five votes to three in November 2021.
That decision was met with outrage by campaign group Save Slochy Woodlands and a legal challenge to the Court of Session followed.
The court has now ruled in the campaigners’ favour.
How have the campaigners reacted?
A petition against the developer’s plans gathered nearly 6,000 signatures.
The likes of Dr Amir Khan and conservationist Chris Packham backed the campaign to save Slochy Woodlands.
In the 15-page ruling in the case, it is stated: “The decision of the Moray Local Review Board constitutes an error of law, and must be quashed.”
The result has been celebrated by the Save Slochy Woodlands group, who described it as a “David vs Goliath” battle.
Stephanie Lindsay, chairperson of the group, said: “This judgment confirms that this is a site worth saving and fighting for.
“It also demonstrates to me that people power is real and can effect change.
“One voice can make all the difference. And it is why we need to continue using our voices for those who cannot.”
The group’s legal representative Hannah Moneagle added: “This was very much a case of David vs Goliath, a campaign which has spanned nearly two years to save a local greenspace and woodland during a climate emergency and a biodiversity crisis.
“We are fully supportive of today’s decision and pleased for the Save Slochy Woodlands campaign group who have showed great tenacity throughout to help their community and the planet.”
Developer to look elsewhere
The local review body had previously granted consent for the development based on “community benefit”.
Housing and the impact of the school roll were part of this.
But the school roll would have only increased by three pupils and the area had not been zoned for housing.
The campaign group argued that building the homes on woodland was unnecessary and would harm local wildlife.
A spokeswoman for Moray Council said: “While it’s disappointing that the process of the Moray Local Review Body has been questioned, there is now an opportunity to revisit the matter and clarify the material considerations on this particular decision.
“How that process is taken forward for the review board will now be considered further and shared in due course.”
Morlich Homes will now look for alternative opportunities for housing in the local area.
A spokeswoman for the developer said: “We were disappointed to learn of the decision against Moray Council as we believed they had a robust defence for the action raised against them.”
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