A charity has lost a legal battle over its attempt to fence off a historic football pitch at Cathkin Park in Glasgow.
The Jimmy Johnstone Academy had sought to erect a three-metre boundary fence around the grass area at the park, which holds significant footballing heritage.
Cathkin Park contains the site of the second Hampden Park, previously home to both Queen’s Park and Third Lanark football clubs, with old stands still visible today.
A judicial review was brought by Glasgow resident Gregory Brown, who challenged Glasgow City Council’s decision to grant planning permission for the fencing project.
Brown argued that the council’s approval was unlawful under the Land Reform (Scotland) 2003 Act, commonly known as right to roam legislation, which protects public access rights.
The Jimmy Johnstone Academy had applied for planning permission in May 2023, citing concerns about vandalism, broken bottles, dog fouling, and portable BBQs damaging the pitch surface.
The charity holds a 20-year lease on the area for an annual fee of £750 and uses the pitch to teach children football, hosting around 7,500 young players each year and running two youth teams.
Planning permission was granted in December 2023, but residents near the park complained they had not been properly notified of the proposals, sparking widespread local anger.
Community opposition was fierce, with 2,000 people signing a petition against the fence and more than £5,000 raised by local supporters to fund the legal challenge.
Lord Sandison upheld Brown’s request in a written judgment, quashing the original planning decision and ruling that the council had acted unlawfully in granting permission.
Brown said: “The council’s planning permission rode roughshod over 186 objections. My community doesn’t want this. Cathkin Park belongs to the people of Glasgow – ordinary folk should be able to play on the pitch for free.”
Judith Pollock, chair of Mount Florida Community Council, said her main concern was that a large portion of the usable space in a public park was “essentially being privatised” and residents excluded from it.
The Jimmy Johnstone Charitable Trust said it was “disappointed” by the outcome, stating it had “acted in good faith, following the statutory planning process set out by the Local Authority at all times.”
The trust added that it “remains committed to developing the football pitch within Cathkin Park and will continue to work with our community partners to realise this goal.”
