Apr 22 2010 by Alistair Watson, West Lothian Courier
A LEGAL row regarding the ownership and use of Armadale Thistle’s Volunteer Park home is threatening to scupper a supermarket’s bid to build on the site.
Scotmid have lodged a planning application with West Lothian Council to build a supermarket, to be occupied by another as yet unknown chain, with 150 car parking spaces on the site of the football ground.
The supermarket chain also want to reduce the size of their existing store, which is located in front of the park on West Main Street, by two-thirds while there will be a redevelopment of the Arnold Clark showroom.
As part of the proposals Scotmid announced they were to submit a planning application for permission to build the club a new stadium along with an access road and car parking at the town’s Watson Park.
However, the plans have caused disquiet amongst Thistle fans who don’t want to see the club moved from the home it has occupied since 1881.
And now legal firm Dickson Minto, representing an anonymous client, have stepped in and asked council officials to investigate title rights and board composition of Armadale Thistle Limited, the company set up in 1994 that owns the ground.
Centrex Livingston Limited have the controlling share in the company.
A leaked letter to the council reveals the legal firm has uncovered title deeds for Volunteer Park which states that William Baird and Company Limited bequeathed the land to the club in 1934.
It says: “The ground is intended to be used as a field or sports ground for playing football and other athletic sports or games...no buildings shall be erected thereon other than a pavilion, clubhouse and stands for spectators.”
And they have also expressed concerns over how appointments to the board of directors were made.
The late James Whannel was a director, and owned the controlling interest in Armadale Thistle Ltd, until his death in 2008.
The articles of association of Armadale Thistle Football Club Limited state that following death the trustee of his estate should have given notice within 28 days for a transfer request of his shares.
It also states that any shareholder must be a member of the supporters’ club, something one fan says Mr Whannel never was.
“He was never accepted as a member and the executor of his estate certainly isn’t either,” the fan, who asked to remain anonymous, said.
“The ground has been in community ownership since 1881 until the set up of this limited company in 1994.
“The president of the club at the time was Sam Park, Jim Whannel’s father-in-law. Mr Whannel was a shrewd businessman and picked up these shares at the time for buttons.
“Now it looks like his wife is wanting to sell the ground and force us out. No one seems to know what is going on and the supporters are in the dark.
“I think the main problem we have is there seems to be people appointing themselves as directors without informing other shareholders and doing things correctly.
“It is a super ground and although it might be a bit run down now I don’t think it would take a lot of money to do it up.”
A council spokesman said they had no issues with the planning application submitted to them.
He said: “The land ownership certificate submitted with the planning application form states that, other than the applicant, the owners of the site are: WLC, Arnold Clark Automobiles Ltd, and Armadale Thistle Football Club Ltd.
“There is no requirement for an applicant to own land before making a planning application relating to that land. The applicant must, however, inform the land owner or owners that an application has been submitted. The council is satisfied that the appropriate notification has been made for this application.”