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Old Montrose bowling club sale delayed over common good legal questions

Angus Council previously got caught up in a landmark legal case around the demolition of Lochside leisure centre in Forfar which judges ruled was a common good asset.

The old Inch Bowling Club drew several offers after going on the market. Image: Shepherd Commercial/Angus Council
The old Inch Bowling Club drew several offers after going on the market. Image: Shepherd Commercial/Angus Council

A decision on offloading a former Montrose bowling green and pavilion has been delayed.

Angus Council’s policy committee was due to consider offers for the old Inch Bowling Club this week.

It closed several years ago and was declared surplus to requirements by the authority in 2021.

They put it up for sale and a closing date last November saw several offers for the site.

But the ground belongs to Montrose common good and a decision on the sell-off has been postponed.

Montrose Port Authority previously took over the adjacent former bus garage and is believed to be interested in the site.

At the time the port said it would be interested in any piece of local property which would benefit its business needs.

However, details of the interested parties and a recommendation of the offer which should be accepted were not released in public committee papers.

And councillors were told the item had been withdrawn from the agenda until a future date.

The bowling green was also previously considered for a possible extension to the neighbouring cemetery but environment body Sepa said the ground conditions were unsuitable.

Inch bowling Club Montrose
Sepa said the bowling green ground wasn’t suitable for a cemetery extension. Image: Shepherd Commercial/Angus Council

Community Empowerment Act

Council assets officer Gavin Balfour said the common good nature of the site means the authority must carry out a community consultation before selling it.

That is required under the Community Empowerment (Scotland) Act which came into force in 2018.

It’s the same legislation which led Angus Council into a landmark civil court case over the planned demolition of Forfar’s former Lochside leisure centre.

Mr Balfour added: “As experienced with other common good assets, the question of alienability of the common good property has been considered.

“Advice has been sought and colleagues in legal have confirmed that a question arises as to the right of the council to alienate the land.

“This means that alongside the duty to consult, the council must also apply to the court for authority to dispose of the common good asset.”

He says it could take six months to a year to get the go-ahead from the court once councillors make a final call.

Important decision

Montrose councillor Kenny Braes said he believed delaying a final decision was the correct course of action.

“This is an extremely important decision we’re going to have to make with regard to this,” he said.

“It’s a Montrose common good property.

“It’s totally appropriate for this to be deferred to a future meeting.

“We need to be informed as best as possible about all the things we will be faced with in this decision.”

In the meantime, local woman Linda Cooper continues to operate her Flower Pavilion business from old clubhouse.

She set up the business there around six years ago but did not wish to comment on the site sale.

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