Edinburgh Council Face Legal Action Over Caltongate

Edinburgh faces legal action over Caltongate developmentEuropean commission rules council illegally sold off area on Royal Mile at the heart of city's World Heritage site

remember these?


The Guardian 16th April 2010
Edinburgh council faces legal action after the European commission ruled it illegally sold land at the centre of an international row over the protection of the city's historic buildings, the Guardian can reveal.

The Scottish capital has already been criticised by Unesco, the United Nations culture agency, after the council approved plans for a £300m hotel and offices development at Caltongate on the medieval Royal Mile, which lies at the heart of the city's World Heritage site.

Senior council officials have been told that the European commission has decided it breached a number of European laws by selling the Caltongate site to the developer Mountgrange for £5m without putting the land – a former bus depot which sits next to Waverley station – out for sale on the open market.

In a letter passed to the Guardian, an official in the internal markets directorate discloses that the commission will start infringement proceedings for breaching regulations on public procurement, as well as breaking rules on equal treatment, non-discrimination and transparency. Under European law the proceedings are formally taken against the UK government.

The action follows a complaint from an architectural writer and historian, David Black, a founder of the Old Town Trust. "The mismanagement of Edinburgh is becoming quite legendary," he said.

"Edinburgh's reputation is already being trashed by these people, they're just incompetent."

The Caltongate proposal has been bitterly opposed by residents, architectural heritage groups and politicians. They have complained about the demolition of listed buildings, the eviction of families in affected properties and the designs of planned hotel and businesses.

Unesco's World Heritage committee said in 2008 that it "deeply regrets" the council's decision to approve the project, warning that it would ruin the medieval area's unique streetscape, damaging the Old Town's "integrity". It sent inspectors to investigate the project and several other major developments in the city.

The site is now up for sale by HBOS after Mountgrange went into administration last year, owing the bank £73m. Six new developers are said to be competing to buy the site.

George Kerevan, a former Labour councillor who is standing in Edinburgh East for the Scottish National party, said the legal action should make the council and HBOS pause for thought, halt the sale and redesign the entire project.

"I was never happy with scheme: it ripped so much of the fabric of the Old Town away," he said. "This EU intervention allows us the chance to rethink the scheme in a way that involves the local community."

A council spokesman said: "The council has always paid due regard to its legal obligations but recognises the European commission's right to investigate the matter and is currently preparing a response. With the site currently in the hands of administrators we fully expect to enter into a new agreement once a preferred bidder has been announced."

Andrew Holmes slates UNESCO

The former director of city development who is out to pasture in Perthshire, continues letter writing

His latest letter below is in today's Guardian -

"Jonathan Glancey in his article refers to the Caltongate development in Edinburgh. This involved the demolition of a disused bus garage on the site of a former gasworks, a 1950s council car park and a turn of the 19th-century former school. Only the school had any statutory listing, and that the lowest category, and its removal was agreed by Historic Scotland. The whole development conformed to long-established and sensitive height limits for the area and would have created a powerful regeneration focus.

I was the then director of development for the city of Edinburgh council throughout the planning process up to the recommendation to grant consent and the endorsement of that recommendation by the council planning committee. At no time in that process did Unesco approach me or seek to obtain any meaningful information regarding the proposals. The concept of world heritage sites is eminently supportable. The policing by a self-appointed elite with communication limited to its own coterie is not. The failure to proceed with the development is, like so many others, down to the market and not the views of Unesco."

Andrew Holmes
Pitlochry, Perthshire

Now I wonder if Mr Holmes can help answering these questions? Now he's got so much free time on his hands...

1. Complaints have been made to both the Competition DG and the Internal market DG of the EU Commission, because of the extent that Mountgrange Caltongate Ltd may have been provided with privileged access and offered exclusive consideration in pursuance of its commercial objectives, it follows that competing bidders, both actual and potential, have been unlawfully discriminated against, and public resources unlawfully exposed to risk in this case. Caltongate Given A Black Mark

2. A clear breach of Article 7 of the applicable code of conduct as set by the Standards Commission (Scotland) in the case of Planning Committee convenor Jim Lowrie.The code states that a breach has been committed where a planning committee member expresses a prior public view ahead of a decision being taken, or where a member has lobbied, either overtly or covertly, for a particular interest group or to the commercial benefit of a particular applicant. In Article 11th Oct 07 it says

“City planning leader Cllr Jim Lowrie said: "I really don't feel that we are that far behind Glasgow in terms of the speed of the planning process, but the problem in Edinburgh is the number of historic buildings and the need to address heritage concerns. "However, we don't want to fall behind and it's very important we listen to organisations like the chamber. "We have to get big developments like Caltongate up and running as soon as we can."Given the views expressed by Councillor Lowrie in the Edinburgh Evening News of 11th October 2007 there was clear evidence of such a breach in the public domain, and in the circumstances the convenor should have been removed from his office with immediate effect. The Council’s failure to apply article 7 of the code in this instance would appear to call into question the validity of the vote and subsequent award of the planning consent to Mountgrange Caltongate Ltd, and should be reviewed as a matter of urgency. The economic relationship between the council and the developer in this case has the characteristics of an institutionalised public-private partnership.

3. The recent report in The Times about Mountgrange`s donation to the Labour Party,Mountgrange donate to Labour Partywhich questions the fact that the Department of Trade and Industry, when it was being headed by the present Chancellor, Alistair Darling, assisted with the funding for an investigation into the project’s proposed heating system

.4. The statements of Historic Scotland chief inspector, Malcolm Cooper given his relationship with Mountgrange’s Mr Manish Chande Historic Scotland and Caltongate

. The actions of Donald Anderson during his period as council leader should also be scrutinised, given his individual relationship with Mountgrange’s Mr Manish Chande.Champagne Donation Under Fire

6. The very real prospect of the loss of World Heritage status for the city, see Dresden’s recent experience, arising from a proposal to build a bridge over the River Elbe.More Here

7. And a question that so many people are asking - why is it that one architect, Allan Murray, seems to be involved with virtually every key project within the World Heritage Site, as well as Caltongate?Caltongate or Edinburgh Must Die

8. The pro-active role of the Edinburgh Chamber of Commerce in promoting the developmentMountgrange`s Manish Chande is head of their property portfolio group see page 4 of their magazineChambers Magazine and in Evening News Today Ron Hewitt of Chambers Roots For Caltongate

This Is Edinburgh not Dubai

The following is from a piece in Saturday's Guardian Magazine by Andy Beckett full article here

After the fall

Banking turned Edinburgh into a boom town. What has happened to the city since the bubble burst?

"Besides, not everyone was comfortable with the boom-time Edinburgh. Right behind the stalled Caltongate development in the Old Town is the Carson Clark Gallery, a lovely labyrinth of a shop that has been selling period maps and prints of the city since 1969. Co-owner Paul Clark, an Edinburgh bohemian of the old school, with faintly piratical beard and slicked-back long hair, is delighted that Caltongate is not going ahead. "Do we need another five-star hotel?" he asks rhetorically. "Forget this luxury nonsense. This is not Dubai. These developments are the slums of the future. You can already see red rust dribbling out from the drainpipes of some of them." How has his shop done during the recession? "Up and down. But we needed a bit of a leveller in Edinburgh.""

Below the Macrae Tenements that were to make way for the 5- star hotel

Caltongate - Unesco`s Biggest Worry in UK

Remember this, Caltongate Developer Mountgrange`s Manish Chande wheeling his "Braveheart" cow , through Princes Street Gardens, in the early days of his bid to ruin Edinburgh, and can you believe he is on the board of English Heritage..oh, and he`s the head of Edinburgh`s Chamber of Commerce Property Group, friends with Malcolm Cooper of Historic Scotland and so on...see earlier posts

The cow sat opposite the Council`s City Chambers on The Royal Mile as part of the Cow Parade in 2006

This full page article

"UN threatens to act against Britain for failure to protect heritage sites"

by Severin Carrell appeared in the Guardian yesterday Monday September 08 2008 on p3 of the Top stories section.

Listen to short audio with Severin Carrell: 'UK is too keen on prestige development'
Below follows Edinburgh comments from the Full Article
The UN is threatening to put the Tower of London on its list of world heritage sites in danger after its experts accused the UK of damaging globally significant sites such as Stonehenge, the old town of Edinburgh and the Georgian centre of Bath, the Guardian has learned.

Unesco, the UN's cultural agency, has told ministers in London and Edinburgh that it wants urgent action to protect seven world heritage sites which it claims are in danger from building developments, and said in some cases the UK is ignoring its legal obligations to protect them.


Their complaints range from decisions to approve new tower blocks in central London, such as the 66-storey "shard of glass" at London Bridge, to the failure to relocate the A344 beside Stonehenge despite promising action for 22 years, to a proposed wind farm which threatens neolithic sites on Orkney.

"In its strongest criticism, Unesco's world heritage committee has said it "deeply regrets" the decision by Edinburgh city council to press ahead with a hotel, housing and offices development called Caltongate next to the Royal Mile, despite expert evidence it will ruin the medieval old town's unique form.

In the committee's final report after its annual meeting in July in Quebec, which has just been released, it also accuses the UK of breaching world heritage site guidelines by failing to warn it in advance about the Caltongate scheme. Last month, Koichiro Matsuura, Unesco's director general, told the Scotsman there was growing concern about Edinburgh. "It is crucial that its outstanding features are preserved and protected," he said.

Leading architects and conservationists, including Sir Terry Farrell and Marcus Binney, chairman of Save Britain's Heritage, have said they share Unesco's anxieties. Farrell, appointed Edinburgh's "design champion", told the Guardian the city urgently needed a proper urban design masterplan. "I'm very supportive of Unesco's position," he said.

Binney said: "Heritage has taken a back seat to Cool Britannia and encouraging everything modern, and we're now uncomfortably in the limelight for failing to have proper policies to protect our world heritage sites, and timely criticisms are now being made."

John Graham, chief executive of Historic Scotland, said he shared Unesco's anxieties about plans for high rises in Edinburgh's Leith docks and a tower to replace the St James' centre, a 70s concrete shopping centre in the New Town due for demolition.

But he had no fears about the Unesco inspectors' visit in November.
"The judgments we've reached are sound and defensible; that is the stance we will be taking when the mission arrives," he said.