The solicitor spearheading the legal challenge to eliminate the bus gates in Aberdeen city centre has expressed confidence that the contentious traffic regulations can be reversed in court.
Alasdair Sutherland, a partner at Burness Paull, has informed local businesses about the chances of a favourable outcome as he gears up to confront Aberdeen City Council at the Court of Session later this year.
The lawyer, who represents seasoned retailer Norman Esslemont, stated that after reviewing the council’s defence, he is convinced that Mr. Esslemont has a “good prospect of success.”
The case, set to commence in June, will examine whether the decision to make the ‘experimental’ bus gates a permanent fixture in January was lawful.
In making the bus gates permanent, council officials warned that they might have to repay millions of pounds in grant funding received from Transport Scotland. However, Mr. Sutherland contends that this “was not a relevant consideration.”
He will also assert that the council’s actions—including planning chief David Dunne’s decision to seek favourable reports from bus companies—demonstrate that the bus gate system was “never an experiment.”
Aberdeen City Council maintains that it has acted appropriately and correctly, and after seeking further counsel from the King’s Counsel, believes it can successfully defend its position in court.
Currently the procedural hearing pencilled in for June, but the appeal hearing itself might not take place until September or October.
A verdict could then be issued in November.