Public inquiry talks into CTLR get underway
Meeting held as trees are cleared on route
A government official, council officers and a lawyer representing a local developer were understood to be locked in talks over how to proceed with a public inquiry concerning the controversial Cross Tay Link Road (CTLR) project as the PA went to press yesterday.
Part of a pre-inquiry meeting was broadcast live yesterday morning during which a lawyer acting for Perth-based housebuilder A and J Stephen said the company was maintaining an objection to the council using compulsory purchase orders to acquire land under its ownership to construct the new link road.
The webcast stopped abruptly around 15 minutes into the meeting then cut out completely another 15 minutes after engineers got it working again, but it is understood a Scottish Government reporter assigned to the case will now decide whether or not to approve the orders at a later date.
Ewan MacLeod of law firm Shepherd and Wedderburn previously argued in appeal documents that PKC’s use of compulsory purchase orders to acquire plots under A and J Stephen’s control was “unnecessary” as the company has already signed an agreement to hand plots over to the council subject to “certain pre-established conditions”.
An outline statement of the case sent to the government ahead of yesterday’s meeting said a so-called Section 75 agreement associated with the company’s permission to proceed with its planned Scone North development “regulates the use” of said plots at the moment.
The statement continued: “It is a fundamental principle of compulsory purchase law that no party should have land taken from them by force unless it is absolutely necessary for the purposes of the scheme that underpins the compulsory acquisition.
“For the reasons set out above, the acquisition of the plots through the [compulsory purchase order] is unnecessary and disproportionate given that a contractual mechanism, proposed by the council, exists already.”
Yesterday’s pre-inquiry meeting started amid speculation that tree felling work known to have started beside the A9 north of Inveralmond Roundabout is linked to the CTLR project.
The felling was brought up at a community council meeting by one attendee who said he had noticed over 40 mature trees had recently been cut down at Bertha Wood close to where PKC intends to build a new grade separated junction.
The man told members of Luncarty, Redgorton and Moneydie Community Council on Tuesday night: “It looks like the start of preparatory work for the realignment of the A9.”
According to the Scottish Forestry website, an application to fell 480 oak trees at Bertha Wood - believed to be around 180 years old - was registered in March 2019 and then approved in January last year.
And notes on the application say it was filed with the agency to clear timber “in preparation for the CTLR works due to commence in 2022”.
A spokesperson for Scottish Forestry said on Wednesday this week the felling at Bertha Wood was linked to the CTLR project.
The spokesperson said: “All works have been approved under felling permissions. “It is in connection with work at the CTLR. “The timber is to be sold for both sawmilling and firewood and compensatory planting will take place at an alternative site.”
The PA asked PKC to confirm this was the case but received no official response.