Calls for a public reporter on course proposals

Scottish ministers are facing a rising barrage of protest - and the threat of legal action - over their unprecedented decision to call in plans for an international golf resort by the American billionaire property developer, Donald Trump.

The move has upset planning professionals, who fear that rules are being bent to pave the way for the £1-billion scheme on the Aberdeenshire coast. Environmental groups representing hundreds of thousands of people are also mobilising opposition, and talking to their lawyers.

The way in which Scottish Nationalist ministers handle the Trump development is now seen by many as the first major test of the new government's green credentials. Leading environmentalists are warning that ministers risk being "bullied" by the tycoon, and are already making comparisons with the big environmental battles of the past over the Harris superquarry and the Cairngorm funicular.

Trump's company applied for planning permission to build two golf courses, 950 holiday homes, 500 luxury homes and a 450-room hotel on the Menie Estate near Balmedie, just north of Aberdeen. Two weeks ago the application was narrowly rejected by Aberdeenshire Council, on the casting vote of a committee chairman.

Part of the development would damage an area of sand dunes, designated a Site of Special Scientific Interest by the government's conservation agency, Scottish Natural Heritage (SNH), and could also limit access to the shore. But Trump has refused to consider any amendments to his plans.

After the council decided that it couldn't reverse its decision, on Tuesday ministers unexpectedly called in the application for their consideration. The move has since been widely interpreted as a way of giving Trump the speedy approval he is demanding.

But this could create a worrying precedent, planners have warned. "The calling in of an application at this stage is unusual," said Dr Veronica Burbridge, director of the Royal Town Planning Institute in Scotland. "Members of the planning profession are concerned to see that the way in which this case is handled doesn't appear to challenge the integrity of the planning system.

"Ministers will need to ensure that the scrutiny of the case is impartial and is based on planning law."

Environmental and recreation groups are preparing an approach to ministers to convey their anxiety. Ramblers' Association Scotland talked to lawyers on Friday about a legal challenge. The association's director, Dave Morris said: "Government ministers are potentially compromised by the enthusiastic backing given to Donald Trump by the previous first minister, Jack McConnell," Morris said. "This enthusiasm could well have led Trump to feel that he could ignore the compromise proposals being suggested by SNH and others and plough on regardless. The present government is in a difficult position. If John Swinney decides to make the final decision we would see if this could be challenged in the courts."

The Royal Society for the Protection of Birds (RSPB) has opposed the Trump plans because they would destroy the dunes known as Foveran Links, one of the best examples of its kind in the country.

RSPB Scotland has pointed out that the damage would be done by no more than half of one of the two proposed golf courses. It has tried to persuade Trump to redesign his proposals so they avoid the area, but without success.

"This application needs a dispassionate assessment of its pros and cons - as well as its consistency with development plan and environmental policies," said Lloyd Austin, head of conservation policy with RSPB Scotland. There was a workable compromise which would allow the development to proceed, Austin argued.

According to the Scottish government, a reporter would be appointed to receive written submissions, hold a hearing, or stage a full public inquiry. A government spokesman stressed that the decision would ultimately be taken by Swinney. He pointed out that the first minister, Alex Salmond, was barred from involvement, as the golf development would be in his constituency.