Aberdeen City Council bosses have been warned it is “highly likely” they will be dragged to court as the prospect of a bus gate legal challenge ramps up.
This comes after furious scenes erupted in the chambers during a crisis meeting which once again voted to make controversial traffic bans permanent.
Officials were forced to scramble to reverse the removal of the Union Terrace right hand turn ban as agreed in October as the decision was made against legal requirements.
As council chiefs claimed the issue needed “urgently” addressed, a special crisis committee was convened involving just four members of the SNP and Lib Dem ruling group and three opposition members.
Those Labour and Tory councillors lambasted the fact that the “important decision” was voted on by just seven people, with Labour’s M Tauqeer Malik branding it an “absolute abuse of power”.
And Mr Malik now fears that the council could face its fourth legal challenge in the space of two years following the decision.
Why could council have been challenged over right hand turn ban?
Council chiefs voted to remove the measures that forbid drivers from turning right onto Rosemount Viaduct in October.
It was the only concession they made in an effort to appease struggling business owners, as they voted to make the rest of the city centre measures permanent.
However, a shock report this week revealed that the small change to the system was “incompetent” – and could leave the council vulnerable to a legal challenge.
Business leaders had hoped that the red tape wrangle surrounding Union Terrace could ultimately reignite the battle over damaging traffic bans.
But they were ultimately let down, as councillors voted 4-3 in favour of keeping all of the city centre’s bus gates.
Tensions boil over at fierce meeting over bus gate legal challenge
At the urgent business committee meeting, emotions ran high over the exclusive nature of the crucial vote.
Former council co-leader Alex Nicoll, who resigned from the SNP over the controversial bus gate measures, grilled officers over why a decision wasn’t made with all elected members present.
“Why is it considered urgent today, because we’ve known about this issue for months and months? It’s a simple question,” he asked.
“This could have been discussed by all 45 councillors who have an important issue in this matter.”
Tory leader Richard Brooks also condemned the process of having a small selection of councillors make a crucial decision.
Mr Brooks asked: “Why are we not having a meeting where the whole council can get together, debate this, discuss this and make the decisions that we need to make under a robust foundation.
“Because it’s obvious the foundations are not where they should be, they are built on sand.”
Both of their pleas fell on deaf ears as the SNP and Lib Dem leaders voted both to continue the scaled-down meeting and then to enshrine the traffic system.
Officials stressed that the meeting needed to be arranged urgently, as there was a lot of work to do to inform people of the road changes becoming permanent ahead of late January.
‘It is absolutely an abuse of power’
Speaking to The Press and Journal after today’s heated meeting, Mr Malik indicated that the bus gate battle may be far from over…
The Lower Deeside councillor said: “I am very, very disappointed that they took this route, and they did not give the opportunity to all 45 elected members.
“The administration has the numbers, and they are absolutely abusing this power regularly.
“They are gerrymandering all of these standing orders, and they can do it because they have the numbers.”
Council could face legal challenge over bus gate decision
Before today’s crunch talks, Esslemont clothes shop boss Norman Esslemont revealed that he has heard from numerous traders ready to chip in and take the fight to the council.
Do you think the council should face a legal challenge over the bus gates? Let us know in our comments section below
And Mr Malik fears that the mounting anger from city centre traders could lead to the council facing its fourth legal challenge in the space of just two years.
The Labour leader told The P&J: “I think there will be another judicial review with the decision we’ve made today.
“If people are frustrated and very unhappy with Aberdeen City Council, then this is the only option left for them.
“The administration’s ego is just destroying our city.
“It’s up to the businesses or the public if they want to take action.
“But from what I have experienced from challenges over Bucksburn swimming pool, the libraries and St Fittick’s Park, it is highly likely that there will be a judicial review.”
‘The door has been slammed in our faces’
As the meeting concluded a dejected Adrian Watson from Aberdeen Inspired said the decision was “bitterly disappointing”
He said it “apparently slams the door shut on any further consultation or engagement with businesses living in fear for their future”.
Mr Watson added: “Today’s meeting has finally highlighted the technical flaw in the process followed.
“However, rather than shore it up and press on regardless, as has happened, a real opportunity has been lost to come together with the business community and the wider public to look at a common sense way forward in meaningful partnership terms.”
You can view the full meeting here.
Read more:
- ‘Total shambles’: City leaders reverse their own vote on Union Terrace as bus gates made permanent – again
- Explained: Why Union Terrace wrong turn has caused chaos for councillors who ‘didn’t know the rules’
- Exclusive: ‘Damning’ emails show council chief ‘worked hand in glove with Aberdeen bus firms to push through bus gates’
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