West Lothian Council for authority under section 75(2) of the Local Government (Scotland) Act 1973 (Court of Session) [2026] CSOH 12 (20 February 2026)

West Lothian Council for authority under section 75(2) of the Local Government (Scotland) Act 1973 (Court of Session) [2026] CSOH 12 (20 February 2026)

The court found that the petitioner's proposal to grant a 5-year community benefit lease of Meadowpark Pavilion to BTCFC was reasonable, that statutory consultation requirements were met, that objections did not outweigh the community benefit, and that the lease should be subject to conditions ensuring public access and restricting use to changing facilities.

Citation
[2026] CSOH 12
Parties
Petitioner: West Lothian Council; Respondent: Bathgate Community Centre Management Committee (BCCMC)
Jurisdiction
Scotland
Judgment Date
20 February 2026
Procedural Posture
Petition for Authority to Dispose of Common Good Property / Final Judgment on Petition
Outcome
Petition granted, subject to conditions.
Legal Topics
Common Good Property, Disposal of Public Assets, Community Benefit Leases, Statutory Consultation Requirements
Local Government Law Property Law Administrative Law Common Good Property Disposal of Public Assets Community Benefit Leases Statutory Consultation Requirements

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Parties

West Lothian Council

Petitioner

Bathgate Community Centre Management Committee (BCCMC)

Respondent

Procedural Posture

Petition for Authority to Dispose of Common Good Property / Final Judgment on Petition

Legal Issues

  1. 1 Whether the court should authorise West Lothian Council to grant a community benefit lease of Meadowpark Pavilion, part of the Common Good of Bathgate, to Bathgate Thistle Community Football Club under section 75(2) of the Local Government (Scotland) Act 1973.
  2. 2 Whether the statutory consultation requirements under the Community Empowerment (Scotland) Act 2015 were met.
  3. 3 Whether objections regarding community access, fairness to existing users, and adequacy of consultation are sufficient to refuse the petition.

Ratio Decidendi

The court found that the petitioner's proposal to grant a 5-year community benefit lease of Meadowpark Pavilion to BTCFC was reasonable, that statutory consultation requirements were met, that objections did not outweigh the community benefit, and that the lease should be subject to conditions ensuring public access and restricting use to changing facilities.

Court Disposition

Petition granted, subject to conditions.

Orders

  • Authority granted to West Lothian Council to grant a 5-year community benefit lease of Meadowpark Pavilion to Bathgate Thistle Community Football Club, subject to the lease including provisions requiring BTCFC to make the pavilion available to the public as changing rooms for the grass pitches and prohibiting change...
  • No order as to expenses.