Dear Mr McGlynn,
I refer to Blantyre Soccer Academy’s application for appeal under section 88 of the Community Empowerment (Scotland) Act 2015 (the “Act”) relating to the asset transfer request in respect of the Jock Stein Sports Facility from South Lanarkshire Council made under Part 5 of the Act. In line with Scottish Government guidance, Scottish Ministers appointed an independent Reporter to consider the case and report to them.
The Reporter took account of an asset transfer request from Blantyre Soccer Academy dated 15 June 2021 and South Lanarkshire Council’s decision to refuse the request on 16 November 2021. The Reporter considered key documents associated with all aspects of this process, and assessed the request against criteria set out in section 82(3) of the Act; Scottish Government National Outcomes; best value themes; and matters relating to assessment of outcomes.
I would like to thank Blantyre Soccer Academy for working with the Reporter during this process, and providing him with necessary information including an accompanied site inspection in connection with the appeal.
This work has now concluded and I have been provided with the Reporter’s final report of the Jock Stein Sports Facility site, outlining his findings and conclusion.
Scottish Ministers accept the findings and recommendations of the Reporter, and for the reasons set out in his report, dismiss the appeal and refuse the asset transfer request.
We will publish the attached report provided to Scottish Ministers by the Reporter, and this will be made publically available on the Scottish Government’s Community Empowerment website within one week of the date of this letter.
Individuals unhappy with the decision made by Scottish Ministers may be able apply to the Court of Session, Parliament House, Parliament Square, Edinburgh, EH1 1RQ for a judicial review. An application for judicial review must be sought within 3 months of the appeal decision. The Scottish Ministers decision can only be challenged on a point of law and you might want to take legal advice before considering this option. For more information on challenging decisions made by Ministers please see: http://www.gov.scot/Topics/Built Environment/planning/Appeals/ourperformance/commentsandcomplaints.
- John McCafferty, South Lanarkshire Council
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