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 beyond the brief description and now extensive timeline below (and in the news archive) and our efficiency, or otherwise, in locating and correctly labelling relevant links. After The Highland Council approved the planning application for a golf course, the case was called in by Scottish ministers. A Public Inquiry was held in February/March 2019. The inquiry will report to ministers for their determination. If the news updates sometimes read as being critical it is no more than simple frustration with the demise of communication with the public from the would-be developers and their failure to submit documents within the deadlines set by the Public Inquiry. 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

17 July 2019

Still no indication that the DPEA has received the applicant's closing submissions in their entirety or an explanation for the further delay. If the inquiry process was not being portrayed "in its best light" two weeks ago, the light has become ever less flattering with the passing of the days.

15 July 2019

Nothing so far published on the DPEA website to suggest that the applicant has met their agent's "best estimate" for submission of the closing submissions's missing chapters.

4 July 2019

The applicant's agent, Moray Thomson, has communicated to the DPEA that his "best estimate" for the date of submission of the final tranche of the applicant's closing submission is Friday 12 July. In an email response, Fiona Manson for the DPEA, writes, "The reporters have asked me to convey their unease about the repeated and significant delays in the submission of your closing submissions. It does not portray the inquiry process in its best light, and it does not assist them in submitting their report in an efficient and timely manner". Ms Manson adds, "Therefore you should be aware that there may be significant further delay before they are able to complete their report".

2 July 2019

Representing the applicant, on 21st June Moray Thomson of Shepherd and Wedderburn LLP communicated that he was "confident" that the remaining chapters of the submissions would be fully drafted early last week allowing submission "no later than Friday 28th June". His confidence appears to have been misplaced as no further closing submissions have been lodged.

28 June 2019

For those who see parallels between the Coul Links development and that at the Trump International Golf Links at Menie in Aberdeenshire, Scottish National Heritage has recommended that the Trump links be removed from an existing site of special scientific interest (SSSI) as the the golf course had "destroyed" the sand dune system, causing permanent habitat loss. BBC News reports that the Trump Organisation reacted by calling the move a "stitch up".

25 June 2019

On 21st June the applicant informed the Reporters that the remaining chapters of the closing submission will be provided no later than 28th June.

QC for NotCoul finally committed frustration to paper and complained to the Chief Reporter that the applicants have taken control of the process. "We are severely prejudiced by a combination of the unexplained delay, and by the assumption that whatever is needed, whenever is needed, for whatever reason to suit the applicant, it is the applicant's for the taking." The applicant's response was not conciliatory and entirely consistent with their attitude to date. No reasons for the further delay to submission were offered.

On 25th June, Fiona Manson, for the Reporters, responded to NotCoul that the Reporters shared the frustration. No criticism or sanction of the applicant was mentioned or implied. The Chief Reporter does not agree that the applicant has taken control of the process from the Reporters.

If the applicant was in control of the process, they still are. The exchange can be found at https://www.dpea.scotland.gov.uk/CaseDetails.aspx?id=119883

17 June 2019

Another week and still no sign of the applicant's missing chapters. The submitted material places much emphasis on unpicking the opponents' evidence and credibility. To the extent that, though they have yet to finalise their own submission, the applicant declares to the Reporters that "unless it is spelt out in black and white in the Report to Scottish Ministers that there are serious shortcomings in the evidence and case presented by NC (NotCoul) at Inquiry, including serious issues of credibility and reliability, then the written evidence and NC's closing sublissions will be presented as though the evidence was accepted as not having been undermined". As the applicant continues to set their own timeframe for writing closing submissions, what might have passed as a pursuit of thoroughness runs the risk of looking rather too like arrogance when what they do commit to paper is advice to the Reporters.

10 June 2019

Chapters 1 - 7 of the applicant's closing submissions received by DPEA. Progress can be followed at https://www.dpea.scotland.gov.uk/CaseDetails.aspx?id=119883

7 June 2019

The applicant has again failed to submit cosing submissions. They advise that material will be submitted next week.

29 May 2019

The applicant has advised that their closing submissions will be lodged on 5th June, more than six weeks after the original deadline.

22 May 2019

Chapter 14 of the applicant's closing submissions delivered today to the DPEA, almost nine weeks after the close of the public sessions. A date for delivery of the remainder of their closing submissions is yet to be confirmed. Should it not be a real concern to the applicant that any of the parties opposing the golf development now have understandable grounds for questioning the fairness of the inquiry process and grounds entirely of the applicant's making? 

22 May 2019

On 21 May, 11 days after the extended deadline for their closing submission expired, the applicant's representative contatced the DPEA to report that they would submit a single chapter of their closing submission on 22 May. The other chapters will follow next week. "The preparation of the chapter on Socio Economic evidence also took far longer than initially anticipated as the approach to drafting was driven by the need to properly ventilate the policy related issues of relevance to the question of national significance," was offered as explanation. Whether a golf course on Coul Links is a good thing or a bad thing, the process of arriving at a decision must be fair. An applicant that would appear to hold such scant regard, with apparent impunity, for the stipulated schedule observed by other parties, runs the risk of undermining the credibility of any decision in their favour. Are the would-be developers being done any public relations favours by the authors of their closing submission? Perhaps the reporters will smile on their efforts and the contents will be worth the extraordinary wait.

13 May 2019

The DPEA has written to the applicant's legal representative to point out that their closing submissions to the public inquiry are now overdue. It would appear that the extended deadline has been missed.

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 17th July 2019 the 38degrees petition opposing the golf course had attracted 91,352 signatures, that supporting the golf course had 606 signatures when it closed in early January 2018. The Care2 petition opposing the golf course had 2,030 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.