Second legal challenge against fencing around historic Cathkin Park football ground

A second court challenge has been launched against Glasgow City Council’s decision to approve fencing being built around a historic football ground at Cathkin Park.

The Jimmy Johnstone Academy Trust applied to erect a barrier around the pitches after receiving a 20-year lease for an annual fee of £750.

Despite more than 150 objections by locals, Glasgow City Council granted permission for the fence to be put up.

The charity, set up after the death of the Celtic legend, insisted that the fence would protect the pitch from vandalism and damage caused by broken bottles, dog fouling, portable BBQs and “unnecessary footfall on the grass”.

However, residents living near the park said they were not notified of the plans to erect the fence around the football pitch.

The decision to give permission was challenged at the Court of Session by a local resident where it was ruled that the development was in breach of right to roam legislation.

While the case was being heard, a lawful use application to construct a fence was approved by the council – meaning the barried could be erected without the need for planning permission.

Greg Brown, the man who has brought the legal action, said he was “totally shocked” by the move.

“I believed the council acted unlawfully when it approved this badly unwanted fence,” he told STV News.

“I’m very pleased the court agreed.

“I was totally shocked (by the new application). My lawyers were shocked too. It appears the council rubber-stamped a second fence while the first court case was ongoing and didn’t tell anyone else about it, not even the court.”

Mr Brown instructed his lawyers to lodge a second a challenge at the Court of Session against the granting of the lawful use certificate.

“I have complete faith that the court will arrive at the right and fair decision again,” he said.

The park was formerly home to now-defunct side Third Lanark and Queen’s Park.

Opened in 1884 the ground hosted numerous Scottish Cup finals and international matches before falling out of use by 1967.

Local objection to the fencing plans has been strong, with 2,000 people signing a petition against the proposals and more than £5,000 raised towards the court battle.

“The council’s planning permission rode roughshod over 186 objections,” Mr Brown said, “My community doesn’t want this.

“Cathkin Park belongs to the people of Glasgow – ordinary folk should be able to play on the pitch for free.”

Judith Pollock, chair of Mount Florida Community Council, said her main concern was that a large portion of the usable space in a public park was “essentially being privatised” and residents excluded from it.

“The number of pledges of money from people to support the resident who raised the judicial review show that feelings about the proposal are still very negative,” she said.

Green councillor Holly Bruce told STV News that she was concerned over a lack of clarity on how access will be maintained.

“I’ve not seen a plan put forward as to how the local people will get access, that’s something I’m pushing the council on,” she said.

“The pitch makes up 70-80% of the accessible green space in the park, it’s clear to me there was not adequate consultation.

“Green space is something that is often lost and I think it’s inspiring to see how the community has come together.”

The Jimmy Johnstone Charitable Trust said that it was “disappointed” by the decision of the first judicial review.

“[We] have acted in good faith, following the statutory planning process set out by the Local Authority at all time,” a spokesperson told STV News.

“The trust remains committed to developing the football pitch within Cathkin Park and will continue to work with our community partners to realise this goal.

“Throughout our tenancy at Cathkin Park we have and will continue to welcome engagement with community groups, cross party representatives and local authority departments.”

Glasgow City Council has said it cannot comment on planning applications.