Plans to revamp Academy Street in Inverness have been put in doubt after a successful legal challenge.
The owners of the Eastgate Centre raised an action in the Court of Session earlier this year.
They sought a judicial review of Highland Council’s decisions taken on the issue on August 28 and September 14.
A ruling by Lord Sandison has now been made in their favour.
What does the council want to do in Academy Street?
The council wants to reduce traffic in the city centre and 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.
In 2022, councillors considered two options.
One maintained two-way traffic for all vehicles. The other, recommended by planners, would restrict vehicles to deliveries, public transport and blue badge holders.
The second option was chosen after members heard it “highly unlikely” the city would benefit from Places for Everyone cash.
Why was there a legal challenge?
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 account of the impact of the proposal on city centre businesses.
Lawyers for the trust said the proposal contained in the consultation exercise did not contain details of the scheme later adopted by the council.
It argued the authority consequently did not properly hold a lawful consultation.
A meeting of the council’s Inverness city committee on August 28 2023 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.
This was later backed by 35-33 atthe meeting on September 14.
What did the judge say?
Lord Sandison decided the council had not intended to run an unfair consultation.
But he said ,”objectively viewed”, its actions produced a consultation that was “unfair to and beyond the point of unlawfulness”.
He added: “The respondent’s decisions of 28 August and 14 September 2023 which are complained of were predicated on that unlawful consultation, and fall to be reduced accordingly.”
Opponents of the council plans say it will severely impact businesses and drive more people to out-of-town retail parks.
In April, 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-£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.
What has been the response to the decision?
A spokesman for the Eastgate trustees said they were delighted at the judgement and that “common sense has prevailed”.
“All along we have made a stand for the commercial and retail businesses of Inverness city centre.”
He added: “We support the concept of reduction in traffic along Academy Street, speed restrictions, making it safer for pedestrians, those with mobility issues, parents with young children and cyclists.
“However, the answer is certainly not the closure of Academy Street to through traffic as that will undoubtedly have a significantly negative economic impact.
“For the vitality of local businesses, consumers must be able to use Academy Street during business trading hours without restriction.”
But he said there has been a “lack of engagement, a lack of consultation and a reluctance to engage and work together to consider alternatives or compromise.”
Fiona MacBeath, chair of Crown and City Centre Community Council, which raised a petition against the plans, said it is relieved at the judge’s ruling.
She said residents should “re-question and continue to monitor the entire process”.
What will the council do now?
City leader Councillor Ian Brown said the council is disappointed with Lord Sandison’s decision.
He said due to the length of the judgement the council will require time to consider it in detail before it comments further.
“It is anticipated that an update of the council’s position in relation to Academy Street will be provided next week following a comprehensive review of the judgement and the options available to the council.”
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