Coul Links (golf or not)

This website aims to collect and provide links to items appearing on the internet that concern Coul Links just to the north of Embo, Dornoch on the east coast of Sutherland in Scotland and the proposal to site a golf course on that dune land. There is no editorial input other than this brief description and our efficiency, or otherwise, in locating and correctly labelling relevant links. We hope that this website serves to help people make an informed decision on support for or opposition to a golf course on Coul Links.

NEWS

7 December 2018

All parties, with one exception, have lodged their inquiry and policy statements within the deadline set at the pre-inquiry meeting. The applicant has failed to observe the deadline. The reporters have accepted this disregard for the agreed timetable. Away from the official process, at a time when communication from the would-be developers could be informative for everyone interested in the future of Coul Links, the applicant's blog and twitter feed have been silent since 22 October.

3 December

With all parties waiting for a Scottish Government statement of clarification on policy, on 29 November The Highland Council requested that the date (5 December) for exchange of further written submissions, inquiry statements and statements of agreed matters be delayed. The DPEA responded on 3 December requesting parties to stick to the timetable as " the reporters note they have no information as to when any Scottish Government statement or clarification is to be issued".

22 November 2018

DPEA confirms Carnegie Hall, Clashmore as venue for the inquiry for want of any alternative. Cirulation list of participating parties published.

21 November 2018

Harper Macleod LLP, solicitors to SNH, has written to DPEA to report that SNH has been in dialogue with both the applicant and the Scottish Government on the issue of an appropriate assessment of the impacts on the Ramsar site. "SNH recognises that this is a matter relating to Scottish Government policy. We understand that the Scottish Government intends to provide clarification on how it expects its established policy for the protection of Ramsar sites to be implemented and SNH intends to await that clarification." It would appear that the Scottish Government is unable to formulate a protocol for Ramsar site appropriate assessments within a timescale set by its own recorders in advance of its own inquiry.

7 November 2018

A note, dated 5 November, listing the points arising at the pre-examination meeting was circulated to all parties on 7 November. The inquiry is to start on 26 February (venue to be decided) and run for a probable four weeks of Tuesdays to Fridays. At the pre-examination meeting the applicants and SNH agreed to advise within 21 days their positions on an appropriate assessment specifically addressing Ramsar considerations. It would appear that The Scottish Government has no established protocol for the production of an appropriate assessment of the impact of a proposed development on a Ramsar site.

19 October 2018

The Planning and Environmental Appeals Division has written to all interested parties to advise that, "Further to the agenda dated 17 October 2018, I can now advise that (subject to the discussion at the pre-examination meeting) the reporters are proposing that the inquiry be held during the weeks beginning 25 February and 4 March 2019".

17 October 2018

The Plannng and Appeals Division has circulated an agenda for the pre-examination meeting.

9 October 2018

The pre-examination meeting is scheduled to be held on Wednesday 31 October 2018 at The Carnegie Hall, Clashmore, Dornoch, IV25 3RG.

26 September 2018

Via the developer's website Mr Abel Smith, the landowner of Coul Links, publishes an open letter stating, "I wish to ensure that access to the site is undertaken strictly in terms of the approved Scottish Outdoor Access Code". Anyone seeking access to the application site should first contact the development Project Manager "in order that he may coordinate and manage the visits".

21 September 2018

The Planning and Environment Appeals Division has written to all who made previous representation to the planning authority inviting their participation in a hearing or enquiry session(s) at a date to be advised. "The reporters have now looked at the documentation available and decided that a hearing or enquiry session is required to assist in writing their report." All details about the appeal can be found at https://www.dpea.scotland.gov.uk/CaseDetails.aspx?id=119883

24 August 2018

Kevin Stewart announces, "As Planning Minister, I have called in the application as the proposal raises issues of national importance in relation to natural heritage issues and its compliance with Scottish planning policy and requires further scrutiny". He added, "it is right that the decision is taken at the national level". (The letter to The Highland Council notifying the call in can be found with other documents lower down this page.)

This bogey at the second for developer Todd Warnock prompted him, via the developers' blog, to comment, "Whilst this decision delays bringing significant economic and environmental benefits to the area, we welcome the opportunity to set out again the compelling case to create a world class golf course in east Sutherland".

Local opposition group Not Coul have used Facebook to publish a brief explanation of how the call in is likely to be handled ...

• The papers will be passed by Ministers to the Directorate for Planning and Environmental Appeals (DPEA), who are in Falkirk.
• A case officer will be appointed and then one, or maybe two, Reporters will be assigned.
• The DPEA officials will write out to everyone who objected and ask them if they want to take part in the Public Examination of the application.
• Once people have responded, a Reporter will then look at the material already available and make a preliminary judgment about which aspects needs an Inquiry Session (this involves cross-examination), a Hearing Session or Written Submissions.
• He/she/they will then convene a pre-examination meeting locally and will hear what people have to say about the initial choices.
• Once that’s over, a decision is made on an inquiry timetable - typically a few weeks out from a pre-exam meeting.
• The Examination starts on an appointed date and carries on until finished. A week or two at most.
• The Reporter(s) writes up the evidence and sends their report with a recommendation to Scottish Ministers, who will then determine it in their own time.

18 August 2018

Scottish Wildlife Trust and a coaition of environmental bodies have written to the Secretariat of the Ramsar Convention seeking intervention. (See letter below)

31 July 2018

Scottish Government - "Ministers had an initial 28 day period to consider the application for a golf course at Coul Links after Highland Council notified them it was minded to grant planning permission. In order to fully consider the application ministers are extending that period by a further 28 days from 1 August to consider whether or not to call in the application for their determination." Todd Warnock, for the developers, responded by saying "The Scottish Government is right to take its time to consider the issues. After more than three years of thorough consideration of the project we are happy to wait a few more days".

29 July 2018

National press reports on the destruction wreaked on a SSSI protected dune system by the Trump International golf course in Aberdeenshire and a timely reminder that Trump stated that the site would be "environmentally enhanced and better than it was before" just as Todd Warnock has declared that "Coul Links is an extraordinary site ecologically and our plans will immprove it".

26 July 2018

Further clarification at Westminster on Ramsar protection in England but, in the face of numerous submissions flagging up the failings of the Highland Council position, no call in from Scottish Ministers.

4 July 2018

The Highland Council is reported to have informed the Scottish Government that it is minded to grant permission for the planning application. The 28 day window available for calling in the application opens now.

3 July 2018

The World Commission on Protected Areas asks the Scottish Government to urgently call-in the planning proposal, insisting the golf course will destroy the integrity of rare coastal habitats.

On BBC Good Morning Scotland, Todd Warnock continues to emphasise that the planning officer recommended refusal as a statutory requirement triggered by a single "narrow" Scottish Natural Heritage objection. See the 30 May news item below for a brief summary of that "narrow" objection.

20 June 2018

Planning Committee gives consent to Coul Links golf course development. Congratulations to Todd Warnock: a par on the first marked with some truly presidential sentiment at https://www.coullinks.co.uk/single-post/2018/06/20/COUL-LINKS-PLANS-PASSED-BY-COUNCILLORS

18 June 2018

At midday today, The Chair and members of The Highland Council North Area Planning Committee were alerted to the fact that, to date, the complete Appropriate Assessment required for developments impacting on Ramsar sites (afforded the same protection as Natura sites) has not been concluded. Nothing has been published since Scottish Natural Heritage offered assistance on 25 May.

For the development to be approved, this Appropriate Assessment must conclude that an adverse effect on the integrity of the site will not occur and can be ruled out. Claiming economic benefit is not one of the Imperative Reasons of Overriding Public Importance that would open the door to planning consent. The law does not give The Highland Council any discretion.

13 June 2018

In a further consultation response, SEPA maintains its previous planning position on the wetlands outside the Loch Fleet SSSI and defers to SNH on aspects within the SSSI. (In its consultation response SNH objects to the planning application.)

13 June 2018

Public comments on The Highland Council planning website objecting to the Coul Links development: 1,851. Those supporting the development: 348.

8 June 2018

A coalition of environmental groups, (Buglife, Butterfly Conservation Scotland, Marine Conservation Society, National Trust for Scotland, Plantlife, RSPB Scotland, Scottish Wildlife Trust), has written an open letter to the First Minister calling on her to use her powers to urgently call in the application.

7 June 2018

The only account we can find of the evidence that prompted the deferral of a decision is at http://notcoul.com/press.html We are aware that this is a partisan source but material from this source has proven well researched in the past.

6 June 2018

Public comments on The Highland Council planning website objecting to the Coul Links development: 1,843. Those supporting the development: 348.

5 June 2018

The Highland Council North Area Planning Committee today deferred a decision on the application to build a golf course on Coul Links. The developers clearly regarded the tone of the deliberations as positive with Mr Warnock stating that "This is clearly a highly significant milestone in this project. The fact that every council member who spoke was supportive and no council member was prepared to put forth a motion for refusal was deeply gratifying."

World Environment Day - the United Nations' core effort to encourage awareness and action for the protection of the environment.

31 May 2018

In his blog Mr Warnock, for the developers, reports that "the recommendation to refuse permission for the Coul Links development was expected". He insists that the remaining objection from statutory bodies is "narrow" and that "the report to the planning committee is clear that without this one objection, the application would be supported".

30 May 2018

Report by the Area Planning Manager to the Highland Council North Planning Applications Committee recommends refusal of the Coul Links golf course planning application. See full report under the planning section lower on this page. Committee meeting 5 June 2018.

It is recommended the application be Refused subject to the following reasons for refusal: 1. The application is contrary to the provisions of the Highland-wide Local Development Plan Policies 28 (Sustainable Design) Policy 57 (Natural, Built and Cultural Heritage) as the proposed development would result in a significantly detrimental impact on the Loch Fleet Site of Scientific Interest and Loch Fleet Ramsar Site, designated for its sand dune habitat. In particular, the Coul Links support some of the best quality SSSI dune slack habitats in Scotland and the proposal, in its current format, will result in significant and permanent loss of sand dune habitat, particularly dune heath and dune slacks and impacts to other species which depend on it. Although mitigation is proposed the residual losses are extensive and likely to be permanent. In addition, the proposed development will create a high level of disruption to natural dune processes, such as dynamism, due to large dune areas becoming stabilised. It will also result in significant levels of habitat fragmentation, with the course infrastructure spread throughout the dune system. Furthermore, translocation of habitat is unlikely to be successful and therefore not an appropriate technique to safeguard a protected area of such natural environmental complexity and notable dune quality.

The golf course plan has, regrettably but understandably, created deep divisions in local opinion with a quantity of questionable rhetoric reported in the local press, ("Cars and cats kill more birds than golfers." councillor McGillivray, The Press & Journal 13th November 2017). The planning submission, consultee responses and public comment that can be found on The Highland Council planning website very possibly constitute a more reliable source of facts than does the media coverage listed in the lower part of this page.

Coul Links is an area of dynamic coastal sand dunes, with internationally important wetland features, bordered to the east by Embo beach and the North Sea and to the north by the mouth of Loch Fleet. Immediately to the west lies improved farmland and to the south the village of Embo. The centre of the links is positioned at approximately 57.9°N, 4°W, grid ref. NH814939. The land forms part of Coul Farm. The Highland Council Impact Assessment form accompanying the initial planning submission states that "The proposed development has the potential to affect nature conservation interests on and around the site that are designated as being of international and national importance (Ramsar, Special Protection Area, Special Area of Conservation and Site of Special Scientific Interest). In addition, there are recorded archaeological remains and the archaeological potential of the site is high".

Drone's-eye fly-overs of the southern section of Coul Links with views towards the northern section that show the dune slacks in their Winter flooded condition can be found at https://www.youtube.com/watch?v=13nh1l5LTCk and dry in early September at https://www.youtube.com/watch?v=Q-hjFAyc_IE 

A planning application reference 17/04601/FUL for "Development of 18 hole golf course, erection of clubhouse, renovation of existing buildings for maintenance facility, pro-shop, caddy hut, workshop, administration building, information booth, formation of new private access from C1026" was lodged with The Highland Council on 29th September 2017 by Coul Links Ltd. The application has a determination deadline of 28th January 2018. Supporting documents can be viewed at http://wam.highland.gov.uk/wam/applicationDetails.do?activeTab=documents&keyVal=OX1OGYIHH0I00 The press release of 29th September heralding the application stated that "The golf course will be constructed in and outside the Loch Fleet Site of Special Scientific Interest (SSSI) which currently extends to 1,232 hectares. After significant layout revisions as a result of public comment, the golf course will incorporate a total footprint of 22.7 hectares. As a result of careful planning, the course will include only a 14.0 hectare footprint inside the SSSI (1.1% of the total SSSI area) and 8.7 hectares outside".

After addendum to their submission were lodged with The Highland Council during March and April 2018, the fact that the developers do not plan to file any further documents was signalled by planning notices published in The Northern Times and Edinburgh Gazette on the 27th of April. These notices stipulate a 28 day period, from date of publication, for public comment.

The applicant, Coul Links Limited, was incorporated on 28th July 2016 with the company number SC541313, the nature of the business being "Other letting and operating of own or leased real estate". beta.companieshouse.gov.uk/company/SC541313/filing-history The certificate of incorporation lists the directors as Todd Warnock and Michael Keiser, all shares being held by Coul Links Holding Company LLC with a Delaware address. Mike Keiser is a golf resort developer (http://theworldlink.com/news/south-coast-strong/entrepreneurial-philanthropy-giving-with-purpose/article_085629c2-f968-5ff0-a416-0d1f9e99e92a.html), Todd Warnock has local hotel interests. The applicant's agent is STRI (Richard Stuttard, St. Ives Estate, Bingley, England, BD16 1AU, tel: 07912 578967, Richard.stuttard@stri.co.uk). The initial planning application reference 16/00053/SCRE dated 22nd December 2015 was submitted by Mike Keiser's Bandon Dunes Golf Resort (see http://wam.highland.gov.uk/wam/applicationDetails.do?activeTab=documents&keyVal=O0SCXUIH0EW00). A September 2015 fortune.com article profiling Mike Keiser characterised his blueprint for the development of golf resorts at Bandon Dunes, Oregon and Cabot Links, Novia Scotia as "transform wooly, under-utilized land in a picturesque and remote location into a bucket list golf destination that revitalizes a woebegone community". (http://fortune.com/2015/09/26/donald-trump-golf-keiser/) The architects appointed to design the course are Bill Coore and Ben Crenshaw http://www.cooreandcrenshaw.com

Mike Keiser, Bill Coore and Todd Warnock started a blog dedicated to the project in May 2016 at https://coullinks.wordpress.com This blog has been dormant since 23rd July 2016. On 28th November 2017 their original website for the project www.coullinks.com was finally replaced having been idle for many months. Their live replacement (with blog) can be found at https://www.coullinks.co.uk The developers have consistently been more active in their communication via the golf media and local press, placing news of the impending revised planning application along with sympathetic quotes from local politicians and business interests. At the foot of this page we will seek to include any information that we can source, be it press releases or data, published by the developers or their agents.

The potential developers first publicised their outline plans for building a golf course on Coul Links in late October 2015. On 6th July 2016 Bandon Dunes Golf Resort announced it had submitted a proposal of application notice (PAN) to The Highland Council. The PAN is formal notification of intention to submit a planning application, in this case for the development of an 18 hole championship links golf course, practice area, access arrangements, club house and ancillary facilities. Bandon Dunes Golf Resort hosted public consultation events presenting preliminary information on the proposed development in Dornoch and Embo on 13th July 2016. The support material presented at those meetings can be viewed at https://coullinks.files.wordpress.com/2016/07/coul-pullup-panels-final.pdf At that point the developers indicated their intention to submit a detailed planning application in December 2016/January 2017. The Highland Council planning committee meeting to examine the application is scheduled for 5th June 2018.

A second round of public consultation events took place at Dornoch on 30th August and Embo on 31st August 2016. The support material from these meetings is again available at the link above. A third round of public consultation events took place on 22nd/23rd October 2017. The developers reported that across the two October events 88% of attendee surveys returned were in favour of the proposals. In an interview with GolfAdvisor.com's Morning Drive spot on 28th September 2017 Bill Coore reported that the planning application would be lodged "in the next few days" after "two years of scientific studies". GolfAdvisor reported Mr Coore as saying that he wouldn't ... "have gone this far if he didn't know every public body, politician and local citizen was solidly behind the project".

At 9th December 2018 the 38degrees petition opposing the golf course had attracted 91,120 signatures, that supporting the golf course had 606 signatures when it closed in early January. The Care2 petition opposing the golf course had 2,008 signatures. Of the 2,318 public comments lodged with The Highland Council, those objecting to the golf course planning application outnumbered supportive comments by a ratio of more than 5 to 1. The 348 public comments supporting the development number considerably fewer than the local residents eligible to be members of Embo Trust which stands to have a minor part share in the project: far from an expression of the overwhelming local support boasted by the developers. Objections were submitted by Scottish Natural Heritage and the Scottish Environmental Protection Agency (SEPA modified its objection in late March and SNH in late May after the developers augmented their submission); both bodies had made recommendations to the developers over the months prior to the application.

A group of local citizens has launched a site dedicated to stopping the development on the protected dune area at www.notcoul.com presenting detailed and researched arguments against the submitted golf course plan. The NotCoul group position is one of opposition to a golf course within the SSSI protected dune area, not opposition to a golf course at Coul Farm. A pamphlet distributed locally by NotCoul prior to the second round of public events can be found at the foot of this page. The highly detailed NotCoul objection submitted to The Highland Council can be found at http://www.notcoul.com/objections.html. The developers have sought to discredit NotCoul and its Chair, dedicating a prominent page of their website to finding fault in the NotCoul comment document https://www.coullinks.co.uk/not-coul-not-correct. NotCoul has, in turn, published a forensic riposte at http://notcoul.com/rebuttals.html.

The Coul Links press release of 29th September 2017 states that "Importantly, the developers believe the Coul Links site will be environmentally enhanced, not degraded, as a result of the project" and that it will result in "significant economic benefit to the East Sutherland and national Scottish economy". (See press release below.) With parallels having been drawn, unfairly or otherwise, between Coul Links and Trump International Golf Links, the chronic drip of negative news coverage concerning the modification of environmental commitments and scope of development at the Aberdeenshire golf resort cannot be helpful to golf proposals at Coul Links. Mr Warnock, via blog and press, has sought to deflect any narrative of similarity to the Trump development with the claim that opposition to his proposals is fuelled by anti-American sentiment.

Online petitions for and against the Coul Links golf course can be found at:

Petition l Support for Coul Links golf course (no longer live as of January 2018)

https://you.38degrees.org.uk/petitions/support-for-coul-links-golf-course?source=twitter-share-button#

Petition l Save protected nature at Loch Fleet from golf development vandalism

https://you.38degrees.org.uk/petitions/conserve-coul-links-for-nature-not-golf-1

Petition l Tell Highland Council to refuse permission for a golf course on Coul Links, Embo

http://www.thepetitionsite.com/596/928/961/demand-that-todd-warnock-cancels-his-plans-to-build-a-golf-course-on-coul-links/

Petition l Save Fonseca's seed fly

https://you.38degrees.org.uk/petitions/save-fonesca-s-seed-fly

On 11th May 2017 representatives of a partnership of wildlife organisations hosted an event in Dornoch that examined the ecological implications of a golf course on Coul Links. The free event saw experts from RSPB Scotland, Butterfly Conservation Scotland and Buglife giving their organisations' perspectives on the irreparable damage to habitat and species that a golf course on the site would cause. Some dissent was voiced from the floor with the view expressed that the expertise of the specialists representing wildlife organisations was less credible than that of some of the local residents supporting the project. Todd Warnock attended the event in a private capacity.

Some of these issues are discussed in Dr Tom Dargie's letter to The Northern Times, dated 19th August 2016, (which can be found towards the foot of this page). Dr Dargie is responsible for The Sand Dune Vegetation Survey of Scotland published by Scottish Natural Heritage and is involved in the NotCoul group. His far from favourable working audit (19th October 2017) of Annex B: Ecology of the Environmental Statement submitted in support of the planning application can be found at http://nebula.wsimg.com/8735d9e855581da0c1543e50a7f97466?AccessKeyId=EDC827D8AD8BC3E385FC&disposition=0&alloworigin=1 and is expanded upon in the NotCoul comment to The Highland Council.

On 1st September 2016 John Finnie (msp Highlands and Islands) lodged three questions regarding Coul Links with The Scottish Parliament. These received answers from Kevin Stewart, Minister for Local Government and Housing on 20th September 2016.  http://www.parliament.scot/parliamentarybusiness/28877.aspx?SearchType=Advance&MSPId=4947&SearchFor=AllQuestions&DateChoice=3&SortBy=DateSubmitted On 3rd November 2017 Mr Finnie lodged a motion with The Scottish Parliament (Motion S5M-08620 Coul Links) the final sentence of which closes, "... at a time when Brexit has caused considerable anxiety regarding environmental protections, granting permission for this development could send a dangerous message to developers that Scotland's highly protected sites are open to development at the expense of the environment."  http://www.parliament.scot/parliamentarybusiness/28877.aspx?SearchType=Advance&ReferenceNumbers=S5M-08620&ResultsPerPage=10 On 17 November 2017 The Northern Times reported local councillor Jim McGillivray (East Sutherland and Edderton ward, also Director of Embo Trust which has a stake in the proposed golf course) as saying that "Mr Finnie is showing total disrespect to the point of contempt for the democratic planning system in the Highlands". His ward colleague councillor Deirdre Mackay is reported as saying "I take a pretty dim view of this high-handed attempt to circumvent the planning process" and describing the four signatories to the motion as "Green List MSPs located in the central belt with no locus whatsoever in our area".

The primacy of local opinion is a common theme in statements supportive of the golf course. On 16 November 2017, Andy Stewart, President of Brora Golf Club, wrote to all members of the club urging them to "visit the Highland Council website, as the opponents to Coul Links, most of whom are not from the area and in some cases, not even Scotland, have committed many signatures and we need to have our say on this matter". It might be noted that the developers are "not from the area", "not even from Scotland" and their prospects for gaining planning consent would be enhanced by a convincing argument that their scheme is of national not purely local benefit.