Portobello High School has been a divisive issue over the last few years, but whatever disagreements there have been, very few doubt that the school is in urgent need of replacement. The shortcomings of the existing campus are clear. The building itself is unfit for purpose and at the end of its useful life, but more significantly the site itself is fundamentally too small. It has never been big enough to accommodate the necessary facilities. Back in 2006, during the consultation on site options, what quickly became clear was that very few sites could redress this shortcoming. Most sites suggested were not viable; they were too small, badly located, not in Council ownership, or too costly to develop. In comparison, the pitch area of Portobello Park stood out.
Is it the ideal site for a new school? No; building on green space is never going to be ideal. But is this site the best of what were extremely limited options? Yes; it is well located within the catchment, is easily accessible, and most importantly finally establishes the school on a site big enough to sustain the necessary facilities. Portobello Park is the best available site.
Regrettably the new school will result in a loss of green space; few if any of us are keen to see that. But at the end of the day it comes down to whether the benefits to the community of the new school outweigh that loss. It’s not easy to satisfy everybody but the proposed design strikes a good balance, reflected in the fact that more local people supported the planning application than objected to it.
There will still be public open space, golfers will still golf, walkers will still be able to exercise whilst enjoying the views, and accessible all-weather pitches will be of far more use than the poor quality pitches at present. In addition to that 1400 children a year will finally get a first rate educational environment that will also benefit the wider community.
Which is why it is disappointing to see continued opposition to what is such an exciting prospect. There has long been talk of a legal challenge to building the school on the park, but little if any action. Now, with a new school so close, the Portobello Park Action Group have begun fundraising for a court action based on the Common Good status of the land. However there is comfort in the fact that any such challenge is likely to fail, as the Council’s position is based on recent rulings from the Court of Session itself.
In 2004 South Lanarkshire Council, and in 2006 North Lanarkshire Council, brought cases to the Inner and Outer Courts of Session respectively. They were seeking permission to build schools on Common Good land. In both cases the Courts dismissed the petitions as unnecessary; permission was not required. The Courts took the view that the disposal or alienation of Common Good land only occurred when “the community are deprived of the benefit of the land in question.” Since schools and playing fields constitute a benefit to the community, the Common Good status of the land remains unchanged. To be successful any legal action will need to establish, not that the Council is wrong, but that the Court of Session itself was wrong.
So the many people within our community who are enthusiastic about the prospect of a new Portobello High School have every reason to remain optimistic.
