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Farmer wins film studio land row case | Farmer wins film studio land row case |
(about 2 hours later) | |
A court has ruled that a tenant farmer cannot be removed from land which has been earmarked as the site of Scotland's new film and TV studio. | A court has ruled that a tenant farmer cannot be removed from land which has been earmarked as the site of Scotland's new film and TV studio. |
The £250m studio, which was to feature six huge sound stages, was planned for about 100 acres of greenbelt land in the Pentland hills outside Edinburgh. | The £250m studio, which was to feature six huge sound stages, was planned for about 100 acres of greenbelt land in the Pentland hills outside Edinburgh. |
Scottish government ministers gave planning permission last year. | Scottish government ministers gave planning permission last year. |
But now the Scottish Land Court has ruled that land from two smallholdings cannot be used for the development. | But now the Scottish Land Court has ruled that land from two smallholdings cannot be used for the development. |
Local MSPs who backed the farmer, Jim Telfer, during the case have called for a new site to be found. | Local MSPs who backed the farmer, Jim Telfer, during the case have called for a new site to be found. |
Studio developers | Studio developers |
The studio project was described by the Scottish government in 2017 as being "of national importance". | The studio project was described by the Scottish government in 2017 as being "of national importance". |
The Pentland estate in Midlothian is owned by the Gibsone family, which is keen to sell the land to the film studio developers. | The Pentland estate in Midlothian is owned by the Gibsone family, which is keen to sell the land to the film studio developers. |
But 56 acres of the site, known as Pentland Mains, are farmed by 82-year-old tenant Mr Telfer and his family. | But 56 acres of the site, known as Pentland Mains, are farmed by 82-year-old tenant Mr Telfer and his family. |
The court said the smallholdings had been in the possession of the Telfer family almost continuously since their creation in 1915. | The court said the smallholdings had been in the possession of the Telfer family almost continuously since their creation in 1915. |
The Scottish Land Court had to consider whether to authorise the "resumption" of the two smallholdings farmed by Mr Telfer. | The Scottish Land Court had to consider whether to authorise the "resumption" of the two smallholdings farmed by Mr Telfer. |
"Resuming" is a legal term referring to the process by which a landlord can, with the court's approval, take land from a croft or from common grazings, normally for development purposes. | "Resuming" is a legal term referring to the process by which a landlord can, with the court's approval, take land from a croft or from common grazings, normally for development purposes. |
The court judgment said the nub of this case was whether it could be said to be a reasonable purpose "having relation to the good of the estate". | The court judgment said the nub of this case was whether it could be said to be a reasonable purpose "having relation to the good of the estate". |
'Legal rights' | 'Legal rights' |
It said that since the "resumption" would lead to the removal of the tenants it could not be said to be for the good of the whole estate. | It said that since the "resumption" would lead to the removal of the tenants it could not be said to be for the good of the whole estate. |
Pentlands Studio Limited, the company behind the film studio plan, said it was "respectful, however disappointed, to learn of the Scottish Land Court's ruling". | |
It said it was considering the options for the development. | |
However, the court's decision was welcomed by Scottish Green MSPs Alison Johnstone and Andy Wightman, who have campaigned in support of Mr Telfer. | |
They said: "Quite why the landlord, the developers and some voices within the Scottish film industry ignored the fact that a sitting tenant has legal rights that have now been upheld is for them to explain." | They said: "Quite why the landlord, the developers and some voices within the Scottish film industry ignored the fact that a sitting tenant has legal rights that have now been upheld is for them to explain." |
They called on the industry and the government to deliver the "much-needed national film studio on a site where development would be lawful". | They called on the industry and the government to deliver the "much-needed national film studio on a site where development would be lawful". |