Residents lose right-to-buy fight

Residents said they did not know that the land was to be sold

Residents who took Scottish ministers to court after they refused a community buyout bid have lost their claim.

People in Dunblane appealed a decision by the Scottish Executive not to accept their interest in taking on land at Holmehill under right-to-buy law.

However, in what is believed to be the first case of its kind, a sheriff ruled that the executive was in the right.

Ministers were concerned that residents were trying to use the legislation to block the building of new houses.

Members of the community dismissed the claim, saying the dispute had highlighted flaws in the community right-to-buy legislation.

Right-to-buy was supposed to be about empowering communities, but in our experience it has the opposite effect Gerard Hastings Holmehill spokesman

The decision to refuse the appeal, published on Friday by Sheriff Craig McSherry at Stirling Sheriff Court, stated that the executive had acted lawfully.

The disagreement began after community group Holmehill Limited tried to register its interest in buying the land at the centre of the dispute after it had been advertised for sale.

The land, owned by hotel company Stakis, which operates the Dunblane Hydro, was advertised in December 2004.

The executive rejected Holmehill's application, made in early 2005, saying there was no good reason why they could not have made the move before the land was put up for sale.

Ministers also, according to the ruling, highlighted the fact that some residents were opposed to housing development at Holmehill, which they said would have been a wrongful use of the legislation.

READ THE RULING Read the sheriff's ruling on Dunblane right-to-buy [28KB] Most computers will open this document automatically, but you may need Adobe Reader Download the reader here

Holmehill Limited spokesman Gerard Hastings said residents believed the land was already under community ownership and had not known differently until it was put up for sale.

"I think the ruling has exposed a gap in the legislation," he said.

"We're really disappointed with the decision. Right-to-buy was supposed to be about empowering communities, but in our experience it has the opposite effect."

Mr Hastings said it was unfair to suggest the group was trying to block new housing, adding: "We have been developing a plan for the land which possibly included the building of low cost housing - something that is badly needed in Dunblane.

"Now it could be sold off to build mansions."

Applications for community buyouts made after land is advertised for sale fall under stricter legal requirements and ministers decided it was not in the public interest to use the legislation to thwart the normal planning process.