The lawyer who forced Highland Council into a humiliating climbdown on controversial road changes has been hired to challenge Aberdeen’s bus gates system.
Traders, led by veteran clothes shop owner Norman Esslemont, have hired Alasdair Sutherland in their effort to get the council to scrap a system said to have pummeled their takings for the last 18 months.
The Burness Paull planning expert led the crusade against traffic bans on Academy Street in Inverness – forcing the local authority to scrap its proposals.
Aberdeen’s long-running saga took a shock twist at the turn of the year as it emerged complex road regulations may have been broken in rolling out the changes.
It comes as more crisis talks are set to take place on the bus gates this week.
Claims ‘every fine might have to be refunded’
It was claimed that Aberdeen City Council should have sought consent from the Scottish Government before making the system permanent.
Rival politicians even warned that every bus gate fine could have to be refunded if the traffic rules were found to be “void”.
And now these claims have been backed by the legal eagle hired by frustrated shopkeepers determined to do their bit.
A letter sent by Mr Sutherland to the council has been seen by The Press and Journal.
The lawyer warns that city bigwigs could now be “challengeable in court”.
Could council be forced to undo bus gates to avoid day in court?
The row over traffic changes in Inverness ultimately saw the council abandon the project in September.
This followed a legal challenge which reached the Court of Session, where Lord Sandison agreed that consultations had been “unlawful”.
Mr Sutherland has now scrutinised the legalities of Aberdeen’s system – and believes he has found it lacking.
The letter argues that Aberdeen City Council did not follow the law in making the “experimental” changes permanent.
Mr Sutherland argues that such a drastic overhaul could not be made “without the consent of the Scottish ministers”.
He adds that, while his clients “maintain their objection” to the scheme, this challenge is “only concerned with the procedure the council must follow”.
Claims the council’s decision was ‘incompetent’
Towards the end of 2024 it emerged that the council’s October vote to make the city centre bus gates permanent was “incompetent” – because they also opted to scrap the ban on turning right at Union Terrace.
Officials hoped this would be enough to offset any legal challenge.
Mr Sutherland begs to differ.
The lawyer, hailed as “one of Scotland’s leading planning advocates”, writes: “On December 18, a meeting was convened to ‘alter’ the council’s earlier decision to make the Etro permanent.
“In short, the council’s decision to make permanent an amended Etro (in October) was
incompetent.”
At these heated talks in December, flustered officials were ordered to “implement the procedure” to make the Aberdeen bus gates and associated road changes permanent.
According to the solicitor, the council should have sought Scottish Government consent at this point because of the objections the measures had received.
‘This would be challengeable in the Court of Session’
He continues: “Those objections are relevant objections and have been maintained.
“Accordingly, the council requires the consent of the Scottish minsters before it may competently and lawfully make the Etro permanent.”
This Mr Sutherland contends, could require a hearing during which opponents get to have their say before an objective panel.
He concludes: “Please confirm the council will adhere to the statutory procedure for making the Etro permanent and confirm the timetable for applying for the Scottish ministers’ consent.
“As already explained, it would be incompetent and unlawful for the council to make the Etro permanent without consent and any such decision would be challengeable in the Court of Session.”
‘I’m disappointed it has come to this’
Mr Esslemont has been a leading critic of the traffic system which has hammered takings, and caused shoppers to avoid the city centre altogether for fear of receiving a fine.
The Thistle Street trader said: “I have never seen the whole community so united.
“Like me, they cannot not understand why the council won’t listen to 99% of the businesses and people of Aberdeen.”
Mr Esslemont accused decision-makers of being “blinded by some misguided dogma” that bus gates “will revive the city centre rather than hasten its demise”.
Mr Esslemont added: “I’m disappointed that we have to pursue a legal route as the council and officials seem to be so out of touch with their voters.”
He explained that he has already raised £6,000 to pursue the legal challenge.
Do you think the council should fight a legal battle to retain the bus gates? Let us know in our comments section below
Council looking for answers as lawyer challenges Aberdeen bus gates
Aberdeen City Council has been approached for comment on the latest development.
Last week, when we asked for an update, a spokeswoman would only divulge that officers were “confirming the legal position”.
Today, we were told the council would be “unable to comment on any potential legal action”.
The matter will be discussed at an emergency meeting on Thursday, January 16.
Plea for talks to resume with traders
Reacting to the legal letter, Aberdeen Inspired has issued a renewed plea for local authority leaders to “pause” the traffic system and resume talks with affected traders.
Chief executive of the business body, Adrian Watson, said: “The fact that businesses feel the need to resort to legal action shows their depth of anger, sense of hopelessness and desperate desire for the council to listen to them over bus gates and the toll they are taking.”
He added: “It is in no one’s interest to see this end up in a court of law – not least the council’s.
“I repeat the call I made at the urgent business meeting of council – it is time for them to pause and get back around the table to find a positive way forward for the good of our city centre.”
Read more:
EVERY Aberdeen bus gate fine could be refunded amid claims ‘entire system is unlawful’
Council boss urged to quit top job – and take £15k PAY CUT – over Aberdeen bus gates ‘shambles’
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