Following the approval of the development in principle in April 2024, the assumption was that the deal was done and SOGS had stopped fighting. This could not be further from the truth. Since April 2024, we have dedicated hundreds of hours to learning about planning and environmental policies, procedures and legalities, and consulting with experts and legal professionals. Our case is strong, rooted in the dismissal of policy, flawed ecological surveys, and misleading information about the Inverness & Cromarty Firth Green Freeport and housing.

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Due to our solicitor's intervention informing the Council of their legal obligations, the proposal went back to the Planning Committee on March 12th 2025.  The updated Committee Report stated that the proposal “no longer complies with the IMFLDP2 or with the National Planning Framework 4”.  Yet, astonishingly, it still recommended approval and was approved without question by the Planning Committee through the bypassing of the very principles our policies were designed to protect.

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We were left with no option but to bring a Judicial Review against the Highland Council Planning Authority. Judicial Review does not examine the merits of the decision; it examines its lawfulness. Our case was heard at the Court of Session in Edinburgh on 27th November 2025 in Edinburgh. Our primary argument was based on the fact that the development will result in loss of ancient woodland. Planning policy states that developments should not be approved that will result in any loss of ancient woodland or harm to its environment. No reference to loss of ancient woodland was made in the Planning Department’s summary report. This report is the document Planning Committee members rely on to make their decision. Our legal team made the case that the Committee had been misled on a point significant enough to have changed the outcome.

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In response, the Council's legal team did not dispute that ancient woodland would be affected and acknowledged that trees within the ancient woodland would be removed. However, it argued that “removal of trees within ancient woodland does not equate to loss of ancient woodland”. As our legal team stated however, if that does not equate to loss of ancient woodland, what does? 

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We expect to hear the verdict of the case within one to three months. The significance of the decision and what it means for ancient woodland across Scotland cannot be understated.

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Solicitor fees, independent surveys, ecologist fees, and the cost of a Judicial Review have all been necessary to protect our greenspace. We still have a huge bill to pay and the fight is not over yet. That is why we need your support to help protect our environment and heritage for future generations.

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​​Your contribution through our JustGiving page (link below) can make a tangible difference, allowing us to challenge a decision that should never have been made. This is not just about losing a small town’s greenspace. It’s about setting a precedent for the protection of greenfield sites across Scotland. Our fight highlights a much larger issue – continued development that ignores both local and national policies, and the devastating environmental consequences that follow. Our case is an opportunity to make sure that such decisions will not go unchecked in the future.

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We are determined to see this through to the end. David won his battle against Goliath, and with your support we can win ours too.

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For further information on any of the above, please email info@sogs-highlands.co.uk.

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