By James Mulholland
THE PROPRIETORS of a country house which used to be Princess Diana’s mum’s home have lost a second legal bid to stop the construction of a nearby property.
Lawyers acting for Colin Liddell and others went to the Inner House of the Court of Session after a judge rejected their initial bid last year.
Mr Liddell instructed legal representation because of plans for a development on the Isle of Seil near Oban which is linked to the mainland by the “Bridge over the Atlantic”.
Mr Liddell and other locals believed the near construction of a “single dwelling house” would create “a high profile intrusion on the skyline”.
Their objection, which was lodged with Argyll and Bute Council, claimed it would have a significant landscape and visual impact.
The objection stated it would be particularly noticeable from the north west of the 18th century Ardencaple House which lies about 1.5kms away.
Frances Shand Kydd used to stay at the listed country house which was originally built in the 18th century for a local laird.
The objection pointed out that it will be prominent on a ridge line and would be the “only man made feature across an otherwise natural panorama of interlocking ridges against a backdrop of Barr Aille on the mainland.”
It was made on behalf of the one of the trustees, Julian Taylor and suggested that the planning application must not be decided until a site visit was made to the B-listed house by a council case officer.
The case officer discussed the matter with a superior and it was decided that a visit to the house was unnecessary.
The proprietors of the house, Colin Liddell and others, raised a judicial review last year at the Court of Session in Edinburgh of the council’s decision to give permission for the building to proceed.
In the action, it was alleged that the local authority failed to consider the desirability of preserving a listed building and its setting.
Lawyers claimed that planning officer Fiona Scott didn’t follow correct procedures in considering the application.
But Lord Boyd of Duncansby ruled against Mr Liddell and said Ms Scott acted correctly.
He said: “I am not satisfied that Ms Scott’s failure to visit the house amounts to a failure to take into account a material consideration or was irrational.
This prompted Mr Liddell and the other concerned parties to appeal to the Inner House of the Court of Session.
The appeal was heard earlier this year before judges Lord Carloway, Lord Menzies and Lord Malcolm.
Lawyers acting for Mr Liddell claimed that Lord Boyd had misinterpreted the law with regard to the role played by Ms Scott during the planning process.
However, the judges dismissed the appeal, ruling that Lord Boyd had followed correct legal procedures.
In a written judgement issued on Wednesday, Lord Malcolm wrote: “We note that there is no merit in the submission that in her affidavit the officer failed to provide adequate reasoning for her conclusion.
“For the above reasons, which largely echo those of the Lord Ordinary, the reclaiming motion is refused.”
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