Highland Council decision to approve controversial Invergordon housing development near House of Rosskeen could be challenged in court after Save Our Green Space (Sogs) confirms it is seeking a judicial review
A fight against plans for a controversial housing estate could be decided in court after campaigners vowed to take legal action following a decision to approve the development for a second time.
Highland Council's north area planning committee gave the green light on Wednesday to plans for 66 houses on a greenfield site to the east of House of Rosskeen, on the outskirts of Invergordon.
But the development has been dogged by controversy since the day it was first proposed, with a local campaign group - Save Our Green Space (Sogs) - and other residents objecting to the plans on a number of points.
Chief among these have been the loss of popular green open space in a community where there are few alternatives to its popular woodland setting.
The woodland that surrounds the site is also ancient and critics have argued the new estate will damage neighbouring trees and threaten the woods and local wildlife, such as bats which are known to be present.
This stance has been backed up by major UK organisations like the Woodland Trust, which was among those to lodge a formal objection to the scheme.
Another major bone of contention has been the council's handling of the development, with the estate having already been approved once back in 2024, before being pulled back to committee for this week's vote due to the development conflicting with adopted planning policy.
For the site in question is no longer zoned for housing in the Inner Moray Firth Local Development Plan, and critics argue the council rushed through the planning process when approving the development the first time round - granting approval just weeks before the land was de-zoned for housing by the adoption of the latest development plan.
This, local campaigners say, was the reason why the initial decision had to be pulled back for a highly unusual second vote - as the newly adopted local plan resulted in new “material considerations” that would also need to be addressed. They also argue there’s a conflict of interest as the local authority has acquired the land and so has a strong reason to wish to see houses built on it..
Critics of the housing estate also point to numerous brownfield sites zoned for housing elsewhere in Invergordon which they say would be more suitable, owing to the need to redevelop them, rather than build on virgin ground near House of Rosskeen.
And now, following this week's controversial vote to once again proceed with the estate, Sogs has vowed that it will seek a judicial review, meaning the final decision might ultimately be decided in the courts.
Sogs' Richard Cross said: "Despite the legal arguments that have been put to the Highland Council regarding the planning application for the development at House of Rosskeen, the application was approved again.
"Our solicitors letter had been circulated to the councillors [ahead of the meeting]."
He continued: "One can only assume that the lack of credibility given to a top flight lawyer’s communication is based on the assumption that we as a community group have been bluffing about calling for a Judicial Review.
"I can inform the Invergordon community that the solicitor has already been instructed to seek the Judicial Review and the fight for some quality of life in Invergordon continues."
In this week’s committee meeting, members heard how the new estate will create 49 affordable homes, with the remaining 17 for private let. And they argued that the expected growth of the new freeport would necessitate new housing within Invergordon.
Council officers acknowledged the legal letters from campaigners but claimed these had been considered by planners and the council’s legal team and that “all the points were considered and do not change the planning authority’s position”.
Councillors were invited to back the approval of the scheme subject to conditions.
However, before it was approved Cllr Tamala Collier (Cromarty Firth, SNP) raised concerns about the development’s legal footing. She said: “We all received an email yesterday that included a letter from the solicitors opposed to the development. I cannot see how anyone reading that letter could still believe that approval is appropriate. It is clear that the proposal does not comply with policy.”
She went on: “The letter also casts serious doubt on the conclusion that the proposal is not significantly contrary to policy and therefore Scottish Ministers do not need to be notified".
She added that development of unallocated greenfield sites often sparked successful appeals to Scottish Ministers.
She wanted to place an amendment but there was no member to second her proposal.
Cllr Raymond Bremner (Wick and East Caithness, SNP) said he would not support the amendment, adding: “I couldn’t disagree more with nearly everything that has actually been said [by Cllr Collier].” He said he was “particularly impressed” by the thoroughness and “robustness” of the report to committee. He supported the application, adding: “I think this will stand up to scrutiny if it does get challenged through the legal processes. I’m going with the recommendations.”
He called for the application to be carried as is, a motion seconded by committee chairman Cllr Drew MIllar (Eilean a' Cheò, SNP).
Cllr Maxine Smith (Cromarty Firth, SNP) said: “I know where my colleague [Cllr Collier] is coming from because we have both been lobbied extensively. I would submit that I don't think most of the people that objected understood the full application.”
She added that only 30 per cent of the land would be used for the housing, adding: “There is a nostalgic and emotional feel about the Major's Woods in Invergordon. It goes back a long way. The Highland Games used to be held there over 20 years ago. But we have to move on and we need housing."
She continued "It's good to see and it will expand the High Street, the schools, and everything, and the infrastructure."
The committee voted in favour of the application.
