The Court of Session today, Tuesday 7 March, upheld the Council’s appropriation of part of Portobello Park for the construction of a new Portobello High School.
Education Convener, Councillor Marilyne MacLaren, said: “I am absolutely delighted and relieved with today’s judgment from Lady Dorrian. Not only does it support our position that any legal challenge should have been brought a long time ago and dismisses the petition from Portobello Park Action Group (PPAG) on that basis but it also confirms our position from December 2008 that no authority was required from the Court in order to appropriate the land.
“PPAG has continuously said that they wanted the matter to be considered in Court. They have now had their day in Court. There can be no doubt from Lady Dorrian’s judgment regarding the conclusions and we hope that PPAG accepts the Judge’s very clear decision on both of these matters.
“This decision means that we can now go ahead with our plans to build the much needed new school on Portobello Park and officers will bring a report to Council in April seeking permission to approve the contract to deliver the project. The report will also seek permission to formally appropriate the land for the new school under the 1959 Act procedures.
“The start date of our new school has already been delayed so there is an added impetus to get cracking on what will be a beautiful new Portobello High School, of which everyone can feel proud”.
The full Court Papers on today’s judgement are now available online.