Plans to fence off football pitch at Glasgow's Cathkin Park deemed 'unlawful'

A man has won a legal battle over the decision to allow a fence to be erected around a historic football pitch at a public park in Glasgow.

Gregory Brown raised a judicial review against Glasgow City Council claiming their decision to grant permission to a charity to erect a three metre (9.8ft) fence at Cathkin Park was unlawful.

The Jimmy Johnstone Academy submitted plans to cordon off the grass area after receiving a 20-year lease on it for an annual fee of £750.

The charity, set up after the death of the Celtic legend, uses Cathkin Park to teach children how to play football.

Bosses insisted that the fence would protect the pitch from vandalism and damage caused by broken bottles, dog fouling, and portable BBQs and would stop “unnecessary footfall on the grass”.

However, residents living near the park said they weren’t notified of the plans to erect the fence around the football pitch.

Community groups in the city’s southside, including members of Friends of Cathkin Park, submitted 154 objections against the plans – but permission was granted in December 2023.

One resident, Alice Piggott wrote: “The space is well used by local residents, and removing it will really limit green space in the Mount Florida/Govanhill area.

“There’s been no engagement at all with the community (no one was even aware that this was happening).”

Mr Brown went on to raise a judicial review against the trust and launched a fundraiser to cover the costs of legal action against the council, writing: “I firmly believe that football should be for everyone, but this is the last grass pitch on public land in the south-east of Glasgow free for anyone to use.”

A petition was set up in March demanding the council revoke the planning permission and received over 2,000 signatures.

Arguing that the council’s decision was not in keeping with the Land Reform (Scotland) 2003 Act – otherwise known as right to roam legislation – Mr Brown said that the law gave the council the obligation to uphold public access rights to Cathkin Park.

His lawyers asked judge Lord Sandison to quash the planning decision and for an order, stating that the council’s decision was unlawful.

On Tuesday, Lord Sandison upheld his request in a written judgment published at the court.

He wrote: “I shall sustain the petitioner’s second plea-in-law and his third such plea insofar as it relates to the 2003 Act, repel his remaining pleas along with those of the respondent, find and declare that the decision complained of was predicated on a material error of law, and reduce it accordingly.”

Glasgow City Council has been contacted for comment.