Green MSP Ross Greer has vowed to take Flamingo Land to court if their £40million plans for a tourism resort in Balloch get the go-ahead.
Greer said he would look at bringing a judicial review in the Court of Session if the “destructive and unwelcome development” on the banks of the iconic loch is green-lit.
The Green member fears the proposal for a 46-acre mega resort on the Bonnie Banks, which include a water park, monorail, swimming pool, hotel, lodges and eateries - would spoil one of Scotland’s most loved beauty spots.
Greer claims that more than 70,000 people have signed an online petition objecting to the development. Lawyers for the Scottish Green politician have also claimed developers may have breached planning rules.
It comes after Flamingo Land made sweeping alterations to their bid in February in response to park authorities raising 16 “areas of concern” with the application, chiefly on environmental grounds. Planning law expert Ian Cowan, representing Greer, said under Scots regulations, the developers should have started again from scratch with a new application.
Greer, MSP for the West of Scotland, has now lodged his own updated objection - prepared by Cowan - which claims “many aspects of the proposed development fall well short of the required standards”.
It adds: “My client therefore… urges you again to recommend to the Authority’s Planning Committee that the application be refused, and gives you notice again that, should it be approved, my client will consider petitioning the Court of Session for judicial review of that decision.”
Greer said: “There are simply no grounds on which to grant consent to such a destructive and unwelcome development. Loch Lomond is a national treasure and I’m prepared to use every tool at my disposal to protect it.”
Flamingo Land’s bid to build on the shore of Loch Lomond - managed by developers Lomond Banks - is the theme park operator’s second attempt after a previous application was dropped in 2019 after more than 50,000 online objections.
In December, the Loch Lomond Trossachs National Park Authority sent a scathing letter to Flamingo Land hitting out at a range of missing details from their proposals, including a lack of clarity on the potential impact on woodland and water quality. That led the firm to revise the plans again in February, dropping a proposal to build on ancient woodland.
But Cowan, from Highland Environmental Law, highlighted rules stating that while applications can be altered during the planning process, authorities should not agree to “substantial” changes. In legal memos, he added that if “the applicant wishes to alter the proposed development in this way”, they should “withdraw the application and submit a new application”.
Jim Paterson, development director for Lomond Banks, said: “Our ambition has always been to create a world-class tourism destination that can act as an example of best practice in terms of environmental sustainability.
“We are working with some of the most reputable experts in the business to ensure our proposals meet and, where possible, exceed the requirements of both the National Park’s development plan policies and the National Planning Framework 4 (NPF4). Clearly, if Mr Greer wishes to challenge any future decision by the National Park Authority to grant our application, that is a matter for him. We remain steadfast in our belief that our plans for Lomond Banks will enhance its status as the gateway to Loch Lomond as well as providing an important economic stimulus to the local area.”
