Academy Street: Court of Session legal challenge could fall at first hurdle

A judge is considering whether to throw out a legal challenge to Highland Council’s plans to regenerate Academy Street in Inverness.

The owners of the Eastgate Centre raised an action in the Court of Session over the controversial proposals.

They are seeking a judicial review of the council’s decisions taken on the issue on August 28 and September 14.

The case was called this week but the court decided to first look into the competency of the petition for judicial review.

Case could be dismissed

The council opposed the move for a judicial review, arguing the challenge was premature and incompetent.

If ruled competent, the court will then hear arguments at a later date about the lawfulness of the procedure.

If not, the petition will be dismissed.

No date has been given for a decision.

The action was brought by Cains Trustees (Jersey) Limited and Cains Fiduciaries (Jersey) Limited, based in St Helier, as trustees for the Eastgate Unit Trust.

They claim the council failed to carry out a fair and proper consultation or to take into account the impact of the current proposal on city centre businesses.

A council spokeswoman said: “Whilst the Highland Council awaits the outcome of the hearing it would not be appropriate to comment further at this stage.”

Plans aim to cut traffic in city centre

The council’s proposals aim to reduce traffic in the city centre to make it more attractive  for walkers, cyclists and wheelchair users.

It would include stopping through traffic in Academy Street and adding bus lane sections between the junctions of Union Street and Queensgate.

Opponents say it will severely impact businesses and drive more people to out-of-town retail parks.

A crunch meeting of the council’s Inverness city committee on August 28 approved the plans by 12 votes to 10.

It gave the go-ahead for officials to finalise the proposed design and consult on a traffic regulation order.

A subsequent move was made to have the decision overturned at the full council on September 14.

After a lengthy debate the council voted 35-33 to back the committee’s approval.

Report warns of displaced traffic affecting other areas

Last week an economic study showed the value-for-money of the scheme is “poor”.

But it found there would be a wider economic impact, generating between £1.5m and £4m from increased footfall.

Another report on potential traffic impacts showed the changes would cut the number of cars on Academy Street.

However, other areas would come under more pressure from displaced traffic.

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