Campaigners fighting the development of a local park in Aberdeen will return to Scotland’s highest court next week, after a previous petition to stop the plans was refused.
Local residents in Torry, one of Aberdeen’s most deprived neighborhoods, have resisted the construction of an industrial development at St Fittick’s Park, the area’s only publicly accessible green space, for more than four years.
Not for profit company EZT Ltd, backed by prominent energy tycoon Ian Wood, wants to use part of St Fittick’s to construct an industrial park adjacent to Aberdeen South Harbour.
After Aberdeen City councillors voted to explore leasing part of the site last September, campaigners alleged that a proper equalities impact assessment had not been carried out, among other complaints. Lodged by Glasgow-based Govan Law Centre, the resulting legal challenge was considered by Lord Fairley on the 29th of July.
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A week later, on the 7th of August, Lord Fairley refused the campaigners’ petition on the grounds that the local authority did not breach the Equality Act.
At the time, campaigners vowed to continue the fight. Friends of St Fittick’s Park member Richard Caie said: “We are dismayed but not discouraged. We will continue to oppose the industrialization of the community's beloved Park by all legal means.”
Today’s news means the legal battle to preserve the park will continue. In a statement, Govan Law Centre said: “GLC has been instructed to lodge a reclaiming motion (appeal) next week to the Inner House of the Court of Session in the case of McLean v. Aberdeen City Council.
“The case concerns the judicial review of a decision of Aberdeen City Council (‘ACC’) at a full meeting of council on 11 September 2023 (the ‘policy decision’). On that date, ACC approved a policy decision to take forward negotiations to lease and develop St Fittick’s Park in Torry, Aberdeen, for industrial purposes contingent on council approval for a community benefit package.
“A reclaiming motion will be lodged early next week. The instructing solicitor for the petitioner is Charis Brooks; GLC’s Mike Dailly appears for the petitioner and Laura McDonagh, Partner, Drummond Miller LLP is the Edinburgh agents, Messrs Brodies LLP act for the respondent.”
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