City chiefs have been granted a warrant to knock down Cafe 52’s outdoor terrace despite the owner’s months-long battle to save it.
Last month, Steve Bothwell launched a legal fight against the local’s authority decision to demolish the pavilion at Aberdeen’s Green.
Officials told him the area was needed to allow machinery in to build the city’s new £40 million indoor market yards away.
Mr Bothwell refused to remove the terrace by the May 31 deadline set by the council, and started a crowdfunder to cover the cost of his legal bills as he battled to save it.
Scores of fans of the restaurant pledged £11,500 to the cause.
The local authority’s attempts to begin demolition works earlier this month were shot down as builders were turned away at the venue’s door by Mr Bothwell and his mum.
However, after more than two months of shots fired between the two parties, the council has now been granted legal permission to gain entry and tear it down.
City council lawyer: ‘This has caused significant delays with new market’
The case went before Sheriff Christine McCrossan at Aberdeen’s Sheriff Court on Wednesday morning.
Lawyer for Aberdeen City Council, Dan Byrne, said the application was simply “to enter land in order to remove an obstacle”.
He explained that the case called at the Court of Session in Edinburgh on Tuesday, where Scotland’s supreme civil court ruled that it would not be illegal to demolish the structure.
Mr Byrne added: “The matter is urgent from the perspective of Aberdeen City Council.
“It relates to a major infrastructure project at Aberdeen Market, due to start this month.
“It has already been subject to considerable delay arising from this dispute.”
Cafe 52 owner given two days to explore ‘other legal options’
Solicitor for Cafe 52, Alan Innes, said efforts could yet be made to waylay the demolition and pushed for the court’s decision to be delayed.
He asked for an extra seven days to see if there was another way for Mr Bothwell to keep the structure in place.
This would “allow for further discussion”, he added.
But Mr Byrne stressed that top legal minds had already said there was “no legal impediment” to the hut being destroyed.
However, as an olive branch to Mr Bothwell, he said the council would not take any action until after 5pm on Friday.
This, he explained, would allow the businessman the chance to explore further legal options to save the hut.
Or, he offered, it would give him the chance to “enter into further discussion with the council about how to remove the obstacle”.
Sheriff McCrossan said there was “nothing to prevent the court granting this warrant”, giving council builders the go-ahead with demolition plans.
She later refused Mr Byrne’s attempt to recoup legal fees from Cafe 52.
Attempt to demolish Cafe 52 outdoor terrace waylaid as owner and mum turn workers away
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