School battle rumbles on as protesters mount legal fight

THE decision to rebuild Portobello High School on a public park is set to be challenged once again by campaigners fighting to keep the green space.

They plan to take the council to court over its decision to plough ahead with a new school on Portobello Park as they believe it should not be built on common good land.

Earlier this month council bosses revealed that they had received confirmation that a new school could legally be built on the park.

Just last week, education bosses pledged to rebuild the crumbling school, prioritising it ahead of the four other schools awaiting modernisation as part of the council's wave three programme, but campaigners say they have received their own advice confirming they have a case to challenge the council's position.

Councillors originally agreed upon rebuilding the school on the park site two years ago, after months of debate, campaigning, consultation and three heated public meetings. The common good issue has rumbled on ever since.

At a meeting of the full council, campaigners Diana Cairns, of the Portobello Park Action Group (PPAG), gave a deputation over plans to build the new high school. She said:

"We have had advice to tell us we do have a case to challenge the council's own legal position and that is what we intend to do so this matter is far from over. We must not forget that the council are just stewards of this land on behalf of the people."

She also suggested that the new school could be built on the site of Lismore Primary in Bingham, which closed on Friday.

Jackie Brock, chair of Portobello For A New School, said: "It was rather bizarre that they considered that to be a cost-effective solution, particularly given the fact it would encroach on green space in Bingham Park. We were also surprised to hear they were opting for a school on the edge of catchment as opposed to in the centre.

"However, we were pleased that these arguments were overwhelmingly ignored, but if the PPAG don't agree with the opinion of two senior QCs then they're welcome to take it to court."

City education leader Marilyne MacLaren said: "We believe the advice we have from two senior counsels is robust in stating we can proceed to build the new Portobello High School on the park.

"There is no external funder and no disposal of land. The primary issue here is the delivery of a vital new school building."