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| Version 1 | Version 2 |
|---|---|
| Council wins in land legal battle | Council wins in land legal battle |
| (about 4 hours later) | |
| A local authority has claimed victory in an ongoing legal battle over a controversial land deal. | A local authority has claimed victory in an ongoing legal battle over a controversial land deal. |
| North Lanarkshire Council had been in dispute with Multi-Link Leisure over the price of land near Cumbernauld. | North Lanarkshire Council had been in dispute with Multi-Link Leisure over the price of land near Cumbernauld. |
| The firm had hoped to acquire the 84-acre site for just 1% of its potential value which could have seen taxpayers lose millions of pounds. | |
| However, judges at the Court of Session in Edinburgh have ruled in favour of the council. | However, judges at the Court of Session in Edinburgh have ruled in favour of the council. |
| In 1998/99, North Lanarkshire Council agreed to lease land at East Waterhead Farm, near Palacerigg Country Park in Cumbernauld, to Multi-Link Leisure Developments, for a pay-and-play golf course. | In 1998/99, North Lanarkshire Council agreed to lease land at East Waterhead Farm, near Palacerigg Country Park in Cumbernauld, to Multi-Link Leisure Developments, for a pay-and-play golf course. |
| The lease contained an option for the company to purchase the land. | The lease contained an option for the company to purchase the land. |
| In 2008 Multi-Link sought to exercise that option to purchase and a dispute arose between the firm and the council on the basis of the value of the land. | In 2008 Multi-Link sought to exercise that option to purchase and a dispute arose between the firm and the council on the basis of the value of the land. |
| The council's purpose throughout has been to ensure that appropriate value is secured for the public purse John O'Hagan North Lanarkshire Council | The council's purpose throughout has been to ensure that appropriate value is secured for the public purse John O'Hagan North Lanarkshire Council |
| The company argued that the price which they should pay would be based on the use of the land as a golf course, but the local authority took the view that it was entitled to an anticipated increase because of proposals in the emerging Local Plan which would effect the developmental value. | The company argued that the price which they should pay would be based on the use of the land as a golf course, but the local authority took the view that it was entitled to an anticipated increase because of proposals in the emerging Local Plan which would effect the developmental value. |
| The land was originally zoned for leisure use but then rezoned for housing in the Local Plan. | The land was originally zoned for leisure use but then rezoned for housing in the Local Plan. |
| Litigation took place at the Court of Session and although North Lanarkshire Council was not initially successful, judges at the Inner House have now issued a judgement on the appeal. | Litigation took place at the Court of Session and although North Lanarkshire Council was not initially successful, judges at the Inner House have now issued a judgement on the appeal. |
| The judgement upheld the council's arguments in total, both in regard to the valuation of the land and the existence of the option to purchase. | The judgement upheld the council's arguments in total, both in regard to the valuation of the land and the existence of the option to purchase. |
| John O'Hagan, executive director of corporate services said: "The court agreed with the council's argument about valuation. | John O'Hagan, executive director of corporate services said: "The court agreed with the council's argument about valuation. |
| "The court also supported the council's contention that the option to purchase has itself been extinguished as a result of the company not taking up the offer of a sale at a price assessed by the council as representing market value. | "The court also supported the council's contention that the option to purchase has itself been extinguished as a result of the company not taking up the offer of a sale at a price assessed by the council as representing market value. |
| "The council's purpose throughout has been to ensure that appropriate value is secured for the public purse and that the council's commercial interests are fully protected and enhanced. That has been achieved." | "The council's purpose throughout has been to ensure that appropriate value is secured for the public purse and that the council's commercial interests are fully protected and enhanced. That has been achieved." |