New Portobello High School - PPAG win legal appeal

Discussion and debate on the issues affecting Portobello
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seashell
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Re: New Portobello High School - PPAG win legal appeal

Post by seashell » 12 Oct 2012, 15:50

PPAG spokeswoman Alison Connelly said: “The act has already been considered by the three judges in the Court of Session ruling, and they confirm that the act does not give the council the power to appropriate inalienable common good land.”
Poor soul, she really doesn't understand what is being put forward, does she? :roll:

Betty Windsor
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Re: New Portobello High School - PPAG win legal appeal

Post by Betty Windsor » 12 Oct 2012, 16:26

portygeoff wrote:Cut to the chase Kesia. Private members bill, 6 -9 mths if big Kenny shows his metal and gets the G'ment on board. 2 years to build, new school in under 3 years. Can't see anything quicker. Closest would be be a rebuild on site, plans needed, new place for St John needed, minimum 6 - 8 years if you are lucky.

Plan A on the park via Parliamentary Bill,
Plan B common good disputed in court,
Plan C sell part of park to trust.
And Plan D?

Just in case?
long may she rain.

seanie
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Re: New Portobello High School - PPAG win legal appeal

Post by seanie » 12 Oct 2012, 16:34

There's no obvious good one.

Betty Windsor
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Re: New Portobello High School - PPAG win legal appeal

Post by Betty Windsor » 12 Oct 2012, 16:44

seanie wrote:There's no obvious good one.
That may well be the case, but I believe that there are many parents who accept the court's decision and want officials to put their energies into finding solutions that work for everyone in the community. Of course nobody is too keen to say this out loud as it is viewed as "weak" by some of the more hardline elements of PFANS.
The politicians (with the unlikely exception of David Walker) have egg on their face and will tell people what they want to hear. The people who make the real decisions in this city will decide on the 18th of this month what's going to happen.
long may she rain.

seanie
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Re: New Portobello High School - PPAG win legal appeal

Post by seanie » 12 Oct 2012, 16:59

There are no quick or easy alternatives, and nothing that looks line it works for everyone. Any alternative would take 4-5 years at least. So whilst it's reasonable to look into possible alternatives, the legal options for proceeding with the school on the park should also be explored.

portygeoff
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Re: New Portobello High School - PPAG win legal appeal

Post by portygeoff » 12 Oct 2012, 18:02

Betty Windsor wrote:And Plan D?
Just in case?
Don't need a plan D because of plan C.
Last edited by wangi on 12 Oct 2012, 19:51, edited 1 time in total.
Reason: can we please trim quotes?

Betty Windsor
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Re: New Portobello High School - PPAG win legal appeal

Post by Betty Windsor » 12 Oct 2012, 18:11

portygeoff wrote:Don't need a plan D because of plan C.
You are clearly not in a hurry.
Last edited by wangi on 12 Oct 2012, 19:50, edited 1 time in total.
Reason: can we please trim quotes?
long may she rain.

seanie
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Re: New Portobello High School - PPAG win legal appeal

Post by seanie » 12 Oct 2012, 19:31

Any alternative plan would take at least 4-5 years. That's just the nature of the process.

portygeoff
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Re: New Portobello High School - PPAG win legal appeal

Post by portygeoff » 12 Oct 2012, 21:00

Betty Windsor wrote:
portygeoff wrote:Don't need a plan D because of plan C.
You are clearly not in a hurry.
I think I have suggested the 3 quickest ways to a build; of course Betty you may know something different, but I doubt it.

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Porty
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Re: New Portobello High School - PPAG win legal appeal

Post by Porty » 12 Oct 2012, 23:35

Plan A will suffice.
.....ambition makes you look pretty ugly

David Robertson
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Re: New Portobello High School - PPAG win legal appeal

Post by David Robertson » 13 Oct 2012, 06:36

Porty wrote:Plan A will suffice.
It is the obvious one for me.

Makaveli
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Re: New Portobello High School - PPAG win legal appeal

Post by Makaveli » 15 Oct 2012, 09:33

http://www.pressandjournal.co.uk/Article.aspx/2972357

Just shows that someone who isn't affected by a planning decision can still try and block it just for the sake of it.

lg1726
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Re: New Portobello High School - PPAG win legal appeal

Post by lg1726 » 15 Oct 2012, 15:39

Even when in Aberdeen he was not directly affected by the proposals, but lodged the challenge as a protest to the planning processes!

Makaveli
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Re: New Portobello High School - PPAG win legal appeal

Post by Makaveli » 15 Oct 2012, 15:42

Yeah he is one of those people with too much time on their hands that like to mess things up for other people around them for no other reason than 'they can'.

I pity their sort and the people that are affected by their actions.

Betty Windsor
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Re: New Portobello High School - PPAG win legal appeal

Post by Betty Windsor » 15 Oct 2012, 15:58

I have just read the small print on the recent PFANS leaflet and was very surprised to read that these were issued on behalf of the PHS parent council. I have attended the last two parent council meetings and at no time was there any mention of their involvement in this propaganda exercise. Indeed when someone did ask about them at the last meeting nobody seemed to know, either what was going in them or who they were aimed at.
Is this another example of democracy a la PFANS?

As Seanie would say "not in my name!"
long may she rain.

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Porty
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Re: New Portobello High School - PPAG win legal appeal

Post by Porty » 15 Oct 2012, 16:13

Betty Windsor wrote: I have attended the last two parent council meetings and at no time was there any mention of their involvement in this propaganda exercise.................. Indeed when someone did ask about them at the last meeting nobody seemed to know, either what was going in them or who they were aimed at.
#-o
.....ambition makes you look pretty ugly

Betty Windsor
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Re: New Portobello High School - PPAG win legal appeal

Post by Betty Windsor » 15 Oct 2012, 16:17

Porty wrote: #-o
I know, disgraceful isn't it?
long may she rain.

Betty Windsor
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Re: New Portobello High School - PPAG win legal appeal

Post by Betty Windsor » 15 Oct 2012, 16:20

I wouldn't mind so much if it weren't so full of lies and inaccuracies.
long may she rain.

portygeoff
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Re: New Portobello High School - PPAG win legal appeal

Post by portygeoff » 15 Oct 2012, 16:40

Betty Windsor wrote:I wouldn't mind so much if it weren't so full of lies and inaccuracies.
What are the lies.

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Porty
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Re: New Portobello High School - PPAG win legal appeal

Post by Porty » 15 Oct 2012, 16:49

portygeoff wrote:
Betty Windsor wrote:I wouldn't mind so much if it weren't so full of lies and inaccuracies.
What are the lies.
Just look for the truths, the answers are all there.
.....ambition makes you look pretty ugly

portygeoff
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Re: New Portobello High School - PPAG win legal appeal

Post by portygeoff » 15 Oct 2012, 20:36

Betty Windsor wrote:I have just read the small print on the recent PFANS leaflet and was very surprised to read that these were issued on behalf of the PHS parent council. I have attended the last two parent council meetings and at no time was there any mention of their involvement in this propaganda exercise. Indeed when someone did ask about them at the last meeting nobody seemed to know, either what was going in them or who they were aimed at.
Is this another example of democracy a la PFANS?

As Seanie would say "not in my name!"
Well, if you were at the meeting then you will have been aware that there was a very strong view that there should not be a decant. There was also a discussion about the way forward and that this was followed by a vote which in the vast majority supported the Parents Council pursuing the original proposal to build on the park. (Out of about 30 only 3 were against). Where you out getting a wee cuppa when this happened Betty? #-o

Seems to me that the leaflet is a follow on from that decision.

Betty Windsor
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Re: New Portobello High School - PPAG win legal appeal

Post by Betty Windsor » 15 Oct 2012, 23:06

portygeoff wrote: Well, if you were at the meeting then you will have been aware that there was a very strong view that there should not be a decant. There was also a discussion about the way forward and that this was followed by a vote which in the vast majority supported the Parents Council pursuing the original proposal to build on the park. (Out of about 30 only 3 were against). Where you out getting a wee cuppa when this happened Betty? #-o

Seems to me that the leaflet is a follow on from that decision.
No Geoff you are mistaken, I was not having a cuppa when this happened. What was being voted on was a "twin track" approach whereby a legal solution and looking at alternatives was to be the view of the parent council. I disagreed with this along with one other person. There was no mention at this time of the leaflet. The vote was actually 18 to 2 for the "twin track" approach. I would like to point out that that is only a very tiny percentage of the total number of high school parents (possibly as little as 2%). There has been no consultation with the high school parents on this issue (something I know you are very keen on) so it could be argued that this view may not be representative at all.
The leaflet does not reflect this view in the slightest and as I say is, full of lies and inaccuracies. There is no legal loophole. More than a "handful" of people are against the destruction of the park (300 people objected). The tone of the posters is rude, and judging by the numbers that are not on display I suspect a good number of parents agree.
I didn't see you at the meeting.
long may she rain.

portygeoff
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Re: New Portobello High School - PPAG win legal appeal

Post by portygeoff » 16 Oct 2012, 07:38

Betty, again you said lies, again what lies?

You and your Pal were the only people against, everybody, yes everybody, voted in favour. That seems pretty convincing about the direction that the Parents Council wants to travel. (Probably reflective of the school body).

That direction was to pursue the legal direction; that's what the leaflet does.

It was also to argue against a decant; that's what the leaflet does.

One definition of a legal loophole is, 'a loophole is an ambiguity in a system, such as a law , which can be used to circumvent or otherwise avoid the intent, implied or explicitly stated, of the system'. In this case Common Good for the benefit of the people but the people not having a say on what that benefit is because of a legal clause. (Although I am not sure that is necessarily what the authors meant).

Sorry you didn't see me there.

little miss moffat
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Re: New Portobello High School - PPAG win legal appeal

Post by little miss moffat » 18 Oct 2012, 17:39

Received this email this afternoon:

Thank you for your recent email concerning the future of Portobello High School.

I would first like to reassure you that this Council remains totally committed to replacing the existing Portobello High School as soon as possible. We recognise that a new school is vital for the community and, after closely considering recent events, we believe that to deliver a school for the 21st Century a new build on Portobello Park must remain as our preferred option.

A report is being taken to the Council on Thursday, 25 October and this will be available online on Friday 19 October at http://www.edinburgh.gov.uk/newportobelloschool This report will set out the legal options that might secure Portobello Park as the site for the new school. A change in the relevant legislation is one course of action which is potentially available and the Council has already written to Scottish Ministers to seek their support and assistance.

Whilst all available options to remove the existing legal impediment are being pursued, it is also important that we consider what alternative site options could be available in the event that the option of building the new Portobello High School on Portobello Park does not, ultimately, prove to be possible. The report to Council in October will also include information on any such options, to ensure we have an alternative plan for the school if we are unable to build the school on Portobello Park. However, I accept that any of these would inevitably represent a significant compromise by comparison and would very much only be considered as a fall-back position.


Yours sincerely


Councillor Paul Godzik
Convener of Education, Children and Families

David Robertson
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Re: New Portobello High School - PPAG win legal appeal

Post by David Robertson » 18 Oct 2012, 18:35

Thanks for posting that !

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Epykat
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Re: New Portobello High School - PPAG win legal appeal

Post by Epykat » 18 Oct 2012, 21:23

"There is no quick or easy option. The council is the lead agency on this matter. I think it essential that they explore every option including ones previously rejected. Its complex and technical whether on the legal or architectural side. However, they need to do a full appraisal and consider all options detailing the pros and cons to each. Its certainly looking problematic for the legal route and hence other and alternative options need investigated.
Kenny MacAskill "

This email was from Kenny MacAskill the other day.
Enough of your nonsense - get back to the Play Pen!

seanie
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Re: New Portobello High School - PPAG win legal appeal

Post by seanie » 18 Oct 2012, 21:50

Yes, there are no quick or easy options. Any alternative would take 4-5 years at a minimum to deliver, and what alternatives there are, appear to have severe shortcomings in many ways. At the same time, pursuing the school on the park has an element of uncertainty, although it could be quicker than any alternatives. But in the short term it's not an either/or choice. It perfectly possible to pursue legal options to continue as planned, attempting to deliver the school on the best site, and at the same time develop a fall back plan if that should be necessary.

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Porty
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Re: New Portobello High School - PPAG win legal appeal

Post by Porty » 19 Oct 2012, 10:24

I'd call it a prudential and proper way to proceed.
.....ambition makes you look pretty ugly

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wangi
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Re: New Portobello High School - PPAG win legal appeal

Post by wangi » 19 Oct 2012, 12:10

‘We’ll Build a New Park and Two New Schools’ – Councillor Paul Godzik, City Education Leader reaffirms commitment to delivering essential schools

A report due to be discussed at Full Council next week confirms that the City of Edinburgh Council remains totally committed to replacing the existing Portobello High School as soon as possible and that the preferred option remains to build it on part of Portobello Park.

The recent appeal outcome has shown that there is a significant gap in existing legislation which is preventing the Council from building on the park (see notes to editors). The Council has already written to Scottish Government Ministers in order to seek their support for a change in the legislation.

In order to gain as much support from the community as possible, changes are also being recommended to address what is believed to be the main concerns of some of the local community relating to the loss of open space in the area.

Councillor Paul Godzik, Education, Children and Families Convener said, “We are committed to delivering these schools and we still believe that the park is the right place to build the new High School. We have weighed up the different options for achieving this and consider that a Private Act has the best prospect of success. We will now pursue this and consult widely with the local community on our proposals.

”Further to this, I am pleased to announce that we plan to build a new park to help address concerns by some of the local community around the loss of green space. I’m sure this news will be welcomed by all Portobello residents.”

The local community would have a say on what the new park would look like and be given free access to the all weather pitches which are planned to be built beside the new high school on part of Portobello Park when they weren’t in school use.

Further to this, officers are recommending a twin-track approach which would also include a back-up plan should the preferred option of building the new high school on part of Portobello Park ultimately prove to be unsuccessful.

A full review of potential sites in, and around, the area has confirmed yet again that there are very few alternative sites available. Only three potential options have been identified and all are seen as a significant compromise in comparison to what the Portobello Park site would offer.

Sites being considered include the former Scottish Power site at Baileyfield, which is currently for sale, and a site on the Brunstane Estate. The other option would involve using the current high school site but extending it into the site currently occupied by St John’s RC Primary School (see notes to editors – 2).

As there is a limited time within which to decide on whether the Baileyfield site should be purchased, a feasibility study is underway to see if it is possible to build either of the schools there. In addition, views will be sought from the school communities to establish the level of support for this alternative option. This will inform a further report to Councillors on 22 November regarding whether, or not, consideration should be given to purchasing the Baileyfield site as a fall-back option.


ENDS

Notes to Editors;

  • 1. The gap in the law refers to the fact that local authorities do not have power to appropriate inalienable common good land in terms of the Local Government (Scotland) 1973, the Local Government in Scotland Act 2003 or indeed any legislation, no matter what the intended purpose is. However, they are entitled to dispose of any such land provided it is sanctioned by the Sheriff Court or the Court of Session.

    2. This would require St John’s to move to another location and is expected would involve a partial or full decant for the high school. We fully understand that this option is unlikely to be favoured by either school community however it is a feasible option and therefore has to be considered as part of the process, particularly in light of the limited avenues which are available.

    3. Details on each of these approaches and how recommendations were reached are outlined in the report which will be available at http://www.edinburgh.gov.uk/cpol from 1pm on Friday 19 October 2012.

    4. Consultation is required as part of the process before any Private Act could be introduced to Parliament.

    5. Should the new High School be built on part of Portobello Park; after making provision for a larger area for a new St John’s RC Primary School, the rest of the existing Portobello High School site would then become a public park.

    6. If the Council does decide to purchase the Baileyfield site, a full statutory consultation process under the Education (Scotland) Act 2010 would be carried out with the relevant school and local community before any final decision was taken to build a new school there.

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wangi
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Re: New Portobello High School - PPAG win legal appeal

Post by wangi » 19 Oct 2012, 13:23

And the report is attached.
Attachments
8.1_The_New_Portobello_HS_and_New_St_John_s_RC_PS.pdf
(1.26 MiB) Downloaded 229 times

little miss moffat
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Re: New Portobello High School - PPAG win legal appeal

Post by little miss moffat » 19 Oct 2012, 13:31

‘We’ll Build a New Park and Two New Schools’ – Councillor Paul Godzik, City Education Leader reaffirms commitment to delivering essential schools


In order to gain as much support from the community as possible, changes are also being recommended to address what is believed to be the main concerns of some of the local community relating to the loss of open space in the area.


”Further to this, I am pleased to announce that we plan to build a new park to help address concerns by some of the local community around the loss of green space. I’m sure this news will be welcomed by all Portobello residents.”
Surely those that were against losing green space will now be happy that green space is being created elsewhere in return for the school on the park. Can we now expect them to support the school on the park......hmmmmmmm.

seashell
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Re: New Portobello High School - PPAG win legal appeal

Post by seashell » 19 Oct 2012, 14:25

What possible reason could they have for objecting? :wink:

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Pal of Porty
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Re: New Portobello High School - PPAG win legal appeal

Post by Pal of Porty » 19 Oct 2012, 16:08

The new park is not on their doorstep for one but the school will be! When has this ever been about green space for PPAG?
Justice delayed is justice denied.

David Robertson
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Re: New Portobello High School - PPAG win legal appeal

Post by David Robertson » 19 Oct 2012, 16:33

seashell wrote:What possible reason could they have for objecting? :wink:
Because they can....... NIMBY !

David Robertson
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Re: New Portobello High School - PPAG win legal appeal

Post by David Robertson » 19 Oct 2012, 16:34

Pal of Porty wrote:The new park is not on their doorstep for one but the school will be! When has this ever been about green space for PPAG?
Spot on ! I lookforward to hearing their objections as they will undoutedly be some

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