An Aberdeen restaurateur could be forced to knock down his outdoor trading area – or watch the council do it for him to clear the road for the new market.
Cafe 52 owner Steve Bothwell fought to win planning permission for his glazed pavilion and shepherd’s hut on The Green.
His battle took him to Holyrood, as the Scottish Government stepped in to make permanent the temporary approval Aberdeen City Council had given him.
But now the proprietor claims the local authority is ordering its demolition anyway.
“It’s a determined effort from the council and its corporate partners to erase Cafe 52 from the history books,” he told The Press and Journal.
The council claims his outbuildings stand in the way of access to the site of the Aberdeen market, as the £40 million construction project gets under way.
The P&J understands the local authority had looked to offer Cafe 52 alternative space during the work.
It’s thought another proposal was for the buildings to be moved, but the tables and chairs to be laid out and taken in for evening trading.
Cafe 52: Owner claims outdoor area was designed with large vehicles in mind
But the restaurant owner said: “I have worked on the Green for 29 years and everything flows perfectly.
“Cafe 52’s outside seating area was purposefully designed to let large emergency vehicles pass and provide ample space for pedestrians and wheelchair users.
“I have stated on several occasions that I am totally open to compromise with one-way construction traffic, given there will only be a handful of vehicles a day.
“Anyone with half a brain can see what utter nonsense this is by looking at a map.”
Asked by the P&J if he had obtained a cafe permit to trade on the public pavement on the Green, Mr Bothwell added: “The roads department sent cafe permit reminders up until 2016 – all of which were paid. Then they stopped.
“They’ve never sent any reminders since then, which would be a normal thing to do if the permits were that important.
“As it is, it’s a one page box-ticking exercise that confirms the information they already have.”
Legal threat: “I will expose this in court”
Mr Bothwell has launched a £100,000 crowdfunding campaign to pay for a legal challenge to keep the Cafe 52 pavilion and shepherd’s hut where they are.
When his structures were last considered by Aberdeen City Council, the roads department had “no objection” to their placement, if the correct permit for pavement trading was obtained.
But official Jack Penman also highlighted that the law would require Cafe 52 to remove the structure – at the owner’s expense – if utilities or roads maintenance was required.
Last night, an Aberdeen City Council spokesman told us: “Work has started on the redevelopment of the former Aberdeen market site.
“Safe vehicular access will be needed to transport debris and building materials.
“The request to remove the outdoor seating area – which is on a public road – is being made to facilitate this, with a focus on public safety.
“Planning permission does not in itself allow someone to build or erect an outdoor seating area on a road.
“Permission for that would be required from the roads authority.”
Appealing for financial help in fighting the demolition, Mr Bothwell claimed: “Planners have enthusiastically supported all planning applications with the same support from the roads department as consultees.
“The council roads department now claims the pavilion and shepherd’s hut are illegal and have been placed on the pedestrianised Green to deliberately cause an obstruction.
“I have been issued with a formal notice to bulldoze both the pavilion and shepherd’s hut by May 31. And if I don’t, Aberdeen City Council will and bill me for it.”
Is Cafe 52 in the road?
The Green is not wholly pedestrianised as Mr Bothwell suggests.
Aberdeen City Council has designated it a “pedestrian zone” but all vehicles are allowed access between 4pm and 10am for loading.
The local authority is clear: the Green is a road.
In March, Ye Olde Frigate pub on Netherkirkgate reluctantly dismantled its outdoor seating area.
Leading up from the Green through the Carnegie Brae tunnel, it is the other access and exit from the market building site.
Insiders working on the Aberdeen market redevelopment have told The P&J that efforts were made to offer Mr Bothwell alternative space for outdoor trading.
But, sources say, he “did not engage at all”.
Cafe 52 boss complains of council’s ‘very aggressive’ sheriff officers after ignoring letters
It is understood letters from the council about the need for access were sent to Mr Bothwell by recorded delivery. But they were not accepted.
When asked about this by The P&J, the chef said: “It’s irrelevant because how am I to know who a letter was from unless I opened it? It could have been from anyone.”
Sheriff officers are then understood to have been deployed to ensure the local authority’s message was received.
Mr Bothwell complained: “I received a garbled letter from [the roads department] that was void in its vagueness and a covering letter from [enforcement firm] Scott and Co.
“It was delivered by hand by two people with their ID badges hidden and thrown onto the bar inside Cafe 52.
“They were very aggressive to staff.”
‘Fictional scenarios’ and ‘witch hunts’ concocted to ‘destroy’ Cafe 52 on the Green
The restaurateur claimed he first heard from a labourer at the market site that “they want to get rid of that building over there” in early February.
After the sheriff officers delivered the letter, Mr Bothwell and his mum met with council chief executive Angela Scott and her roads operations manager Neale Burrows.
Regardless, Mr Bothwell said: “[The council] chose not to use Market Street [for access to the Aberdeen market building site] and chose to close Hadden Street.
“They introduced fictional scenarios and they chose to launch this witch hunt.
“You don’t destroy the longest standing business that has ever existed in the Green to enable a few lorries through to build a market that is half the size of the site, with massive amounts of flat servicing space.”
Backing for Cafe 52’s court battle war chest
He’s promised to “expose” those “pulling the strings” behind the attempts to “destroy” his business in court.
Last night, Mr Bothwell had raised more than £4,000 of his £100,000 target.
His mother has pledged £500, while the nearby Market Arms has put up another £100.
And Cheerz Bar and Club have backed Mr Bothwell in his fight too, voicing “major concerns” about Aberdeen market construction road closures.
In a Facebook post, they complained about a lack of access for deliveries on the Green and a lack of space for customers in the street at closing time or in the event of a fire.
Aberdeen City Council’s spokesman told us: “We are liaising directly with businesses in the area to minimize disruption.”
Read more:
- ‘It’s not going to be Motorhead’: Cafe 52 music row as outdoor seating is allowed to stay
- All you need to know about the central Union Street closure
- Aberdeen’s Hadden Street closed for two years as major market project begins
- Are Union Street roadworks a trade ‘killer’ or the start of bright new future?
- ‘Biggest redevelopment in Aberdeen city centre for 200 years’
- Workers dismantle Aberdeen’s BHS building
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