Traders enlist legal support to contest the legality of city centre bus gates.
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In a significant legal move, a prominent lawyer has taken on Aberdeen City Council in a bid to overturn the controversial bus gates that have sparked outrage among local traders. Alasdair Sutherland, representing a coalition of frustrated business owners, argues that the council’s implementation of these traffic measures was unlawful and detrimental to trade.
Background of the bus gates controversy
The bus gates, introduced under an Experimental Traffic Regulation Order (ETRO), have faced fierce opposition from local businesses, who claim that the restrictions have severely impacted their operations. Veteran retailer Norman Esslemont has been vocal about the negative effects on trade, leading to a collective effort to challenge the council’s decision.
With over 12,000 signatures backing the P&J’s Common Sense Compromise campaign, the public sentiment is clear: many believe the bus gates should be removed.
Legal arguments against the council’s actions
Mr. Sutherland has outlined five key arguments in his legal challenge, asserting that the council failed to follow proper procedures when making the bus gates permanent. One of his primary claims is that the council neglected to seek necessary approval from the Scottish Government, rendering their actions unlawful. Furthermore, he criticizes the council for prioritizing their own agenda over the needs of city centre businesses, particularly in relation to unsubstantiated fears about financial repercussions from Transport Scotland.
In his appeal to the Court of Session, Sutherland emphasizes that the council’s justification for maintaining the bus gates—stemming from concerns about potential repayment of funds for road improvements—lacks legitimacy. He argues that such considerations should not influence traffic orders, highlighting a failure to adequately investigate the impact of the bus gates on local traders.
Public response and future implications
The legal challenge has garnered significant attention, with many traders expressing hope that the council will reconsider its stance. Mr. Esslemont has called for public support, urging residents to contribute to a crowdfunding campaign aimed at reinforcing their message to the council. The outcome of this legal battle could set a precedent for how local authorities implement traffic measures in the future, particularly in terms of community consultation and the consideration of business interests.
As the case progresses, Aberdeen City Council has 21 days to respond to the legal arguments presented by Mr. Sutherland. Should they choose to contest the appeal, the matter could be brought before a judge within the next few months. The stakes are high, as the future of the bus gates—and the livelihoods of many local traders—hangs in the balance.
