Pensioner takes landmark case to the Supreme Court
A PENSIONER who has single-handedly taken on Scottish Government planners over 1000 new homes in St Andrews takes her landmark case to the Supreme Court next week.
Penny Uprichard fought plans for the development by Fife Council, that were backed by the Scottish Government, despite incurring massive legal costs.
Ms Uprichard was told at the Court of Session in Edinburgh in 2011 she owed Scottish ministers £58,000 and Fife Council around £60,000 on top of her own legal expenses of £55,000.
These stacked up during her bid to overturn plans she said would lead to overwhelming future development to the west of the golf and tourist town that would ruin its character.
The Supreme Court in London is expected to hear issues related to the potential development as well as her costs next week.
Lord Hope, Lord Kerr, Lord Reed and Lord Carnwath have been allocated to the case.
Court papers described the issues as centring on “whether the reasons given by the Scottish ministers not to modify the finalised structure plan relating to St Andrews West were adequate and whether the part of the finalised structure plan relating to St Andrews West was within the powers of the Scottish ministers, and, if not, whether that part should be quashed”.
The case summary continues: “The appellant raises a further issue (which arises if she is unsuccessful in her appeal to the Supreme Court) about the expenses awarded against her for the procedure in the Court of Session. The respondents say that that issue cannot competently be argued.”
Ms Uprichard’s contention, the summary added, is “that the scale of the development cannot be absorbed without significantly damaging the landscape setting of St Andrews”.