Stop! In the name of the lawn

THE company that owns one of Edinburgh's most iconic buildings has lodged a legal bid to overturn a 175-year-old ban on development in front of it.

GRAND: The former Donaldson's School for the Deaf is up for sale. Picture: ROB McDOUGALL

Cala Homes has lodged a case with the Lands Tribunal Scotland calling for the restriction on building in front of the former Donaldson's School for the Deaf to be dropped at a time when the company is in the process of selling the site.

The move has raised fears that a new owner could attempt to build in front of the William Playfair-designed A-listed building on the 18-acre site. But Cala today said that its lawyers were taking the action to address a "historical burden" and insists it will not result in developers having freedom to build on the land, as that would still need approval from city planners.

• Online poll: Do you back moves to drop the ban on building in front of Donaldson's? Vote now

Local resident Martha Dickson, a member of the Donaldson's Amenity Association who has stayed in the area for 40 years, said: "That field at the front was never meant to be built on. This is a proposal that should never be considered. The number of people that stop and photograph that building is incredible.

"If I had a pound for everyone who stops me and asks what is it I would be very rich. It is a beautiful building and a lot of people really appreciate it."

The stipulation within the land deeds that no development is allowed in front of the building dates back to 1836 - 15 years before the building that still stands on the site now was first created.

Donaldson's opened in 1851 with a 124,000 legacy left by city printer James Donaldson. Donaldson's trustees agreed to sell off the site in 2003 for a fee believed to be in the region of 15 million - and lawyers at the time didn't try to remove the condition.

Cala, which took possession of the school in 2008, planned to spend 80m transforming it, with 63 flats to be created inside the building and a further 72 built behind in a new crescent-shaped building.

But the plans were dropped as a result of the economic downturn and the building is now up for sale.

Murrayfield councillor Jeremy Balfour said: "This is a very difficult legal issue but, for me, the principle is there should be no buildings erected in front of the school, whether that is safeguarded by this burden or by planning."This should be seen as a historical building that visitors pass from the airport into the city and in no way should it be ruined by any sort of building in front of it.

"It is an icon of Edinburgh, it is well known by a lot of people and it is part of a conservation area so I would oppose vigorously any plan to build in front of the school."

A spokesman for Cala said: "This historical title burden has nothing to do with planning applications and/or development on the site and would not affect or stop any application. This would be controlled by the City of Edinburgh Council planning committee.

"The reason we are doing it now is it is up for sale and because of the due diligence process we want to have a completed land certificate."

Property firm failed in bid to develop school

THE Canadian property firm trying to buy one of Edinburgh's most prestigious development sites has already failed in a bid to turn Donaldson's School for the Deaf into a hotel, it emerged today.

Prism Developments is in talks to revive the Caltongate site, which has been lying empty since original developer Mountgrange plunged into administration in early 2009.

However, property experts have raised doubts about whether Prism, a firm that has never previously invested outside of Canada, will be able to raise the funding to complete a deal. The firm had a "period of exclusivity" with Mountgrange administrators Deloitte to allow it to come up with a bid but it has now expired.

And it also emerged today that Prism had a similar arrangement with Donaldson's owner Cala, only for it to fail to come up with a bid.

Deloitte has warned that it expects to have to extend its period as Mountgrange's administrator beyond March 2012 because of the difficulty it is having offloading Mountgrange's assets.