Terra Firma’s Scott Blair successfully represented Grantown-on-Spey & Vicinity Community Council in opposing an application by Highland Council to approve a scheme which would allow the Council to apply compulsory charges for community events held on The Square, Grantown.

The Square is Common Good and has been used by the community free of charge for years, having been gifted to the then Burgh in the late 1960s.  Free community events have regularly taken place at The Square, including local markets, and local cultural and festive events.  Notwithstanding this, the Council resolved to go out to consultation on the proposed scheme.  On conclusion of the consultation the Council decided to approve the scheme and lodged the application for consent with Inverness Sheriff Court under section 75(2) of the Local Government (Scotland) Act 1973.

Scott Blair, instructed on behalf of the Community Council by Swarbrick Law, prepared detailed defences to the application.  Among other concerns, it was noted that the adoption of the scheme was not a course which followed the recommendation of Council officers, and an issue arose about the lack of reasons as to why that recommendation was not followed.  Concern was also expressed about whether the consultation followed the requirements of the Community Empowerment (Scotland) Act 2015 and the Statutory Guidance relating to consultation.

Faced with the opposition of the Community Council, Highland Council announced that they had decided to no longer proceed with the application.  At a hearing on 4th June 2025, Sheriff Eilidh McDonald described the case as “difficult, complex and novel”, and the Community Council sought expenses from the Council and sanction for Counsel.  Although opposed by the Council, the Sheriff determined that it was competent to award expenses to a Community Council opposed to a Common Good application and proceeded to award expenses and sanction.

Instructing solicitor, Duncan Swarbrick told Scottish Legal News that the case is of some importance. “Although the Council did not formally concede that the concerns of the Community Council were justified, it is difficult to escape the conclusion that they recognised the force of the case against them.  Whatever the merits of the case, the case has stressed the important role of a Community Council in opposing Common Good applications and the financial risk that the Council runs if the application is not successful.”