Aberdeen city centre traders have officially taken their fight against controversial bus gates to Scotland’s highest civil court, lodging an appeal with the Court of Session in Edinburgh. This legal challenge comes after Aberdeen City Council made the experimental traffic measures permanent on January 17, 2025, despite widespread opposition from local businesses.
The appeal, spearheaded by veteran clothes shop owner Norman Esslemont, marks the culmination of months of campaigning and fundraising by local traders who claim the bus gates have devastated city centre footfall and business.
“We have now launched our appeal in court. We expect to receive the first orders next week, after which we will serve the appeal on the council,” Esslemont told The Press and Journal. “While we are disappointed that we have had to take this course of action, we remain hopeful that it will lead to discussions with the council and their representatives and ultimately a positive resolution.”
The controversial bus gates were implemented in 2023, restricting vehicle access to certain parts of Aberdeen city centre. Local businesses quickly reported negative impacts on trade, with many claiming customers were avoiding the city centre altogether for fear of receiving fines.
After repeated pleas for compromise were rejected by council leaders, traders turned to crowdfunding to finance a legal challenge. Their campaign quickly gained momentum, surpassing its initial £35,000 target within three weeks. The fund has since been stretched to £49,000 to cover potential additional legal costs.
“It has been a rewarding but challenging journey, and the consistent message coming through is that the council is totally out of touch with their voters,” Esslemont told The Press and Journal earlier in the campaign.
The traders have enlisted Alasdair Sutherland of Burness Paull, who previously succeeded in challenging similar traffic measures in Inverness. Sutherland has been vocal about perceived weaknesses in the council’s legal position.
Sutherland has commented: “There does seem to be a reluctance on the part of the administration and the officers to be completely candid about the legal advice they’ve received. If the council is very confident in its position, then they should not have any problems explaining the advice that they have received.”
The legal challenge centers on claims that the council failed to follow proper procedures when implementing the bus gates, potentially rendering the entire system “invalid”.
Following the lodging of the appeal, Esslemont explained the next steps to The Press and Journal: “We expect to receive the first orders next week, after which we will serve the appeal on the council. We will then provide a further update on the ground of the appeal once these initial steps have taken place.”
Despite the escalation to legal action, traders maintain they would prefer to resolve the issue through dialogue.
“Hopefully, now that the council see we are prepared to go to court to fulfil the wishes of the Aberdeen public and what is in the best interests of the city centre’s development, they will pause and reflect and discuss the matter in a sensible manner. Nobody wants to go to court, it’s the last resort.”
Adrian Watson, Chief Executive of Aberdeen Inspired, echoed this sentiment: “It is a sad day indeed to see local traders’ desperate campaign against bus gates reach the point where court papers have been lodged. It is in no one’s interest to see this played out in legal proceedings, especially when it could have been easily avoided – and still can.”
The case is expected to be heard in the Court of Session later this year, unless the council agrees to reconsider its position on the bus gates.
