A high-stakes legal challenge over Aberdeen’s contentious bus gate scheme has quickly concluded at the Court of Session, with a judge now deliberating on whether the city council acted lawfully in making the experimental traffic restrictions permanent.
Lord Pentland, who recently assumed his position as Scotland’s Lord President in February 2025, retired to consider “matters of importance” following the five-hour hearing on November 11, stating his judgment would be delivered “as soon as is practicable”.
The Legal Challenge
The judicial review was brought by Norman Esslemont, a veteran Aberdeen retailer whose family has operated in the city for six decades, representing a coalition of city centre businesses. The case, officially titled Norman Esslemont v Aberdeen City Council, centres on the fundamental question of whether Aberdeen City Council required Scottish Government consent before permanently implementing traffic restrictions initially introduced under an Experimental Traffic Regulation Order (ETRO).
The legal challenge has attracted substantial public support, with a crowdfunding campaign raising approximately £70,000 to finance the court action. This reflects widespread frustration among businesses and motorists who claim the measures have devastated city centre trade and created confusion for drivers.
At the heart of the dispute lies the council’s January 2025 decision to make permanent an experimental traffic regulation order that introduced bus priority and local access-only restrictions on several key city centre thoroughfares, including Union Street, Market Street, Guild Street, and Bridge Street. These measures, first implemented in August 2023 as part of the council’s City Centre Masterplan, prohibit general traffic from using these streets as through-routes, with access limited to buses, taxis, private hire vehicles, goods vehicles, and bicycles.
Council’s Defence
Aberdeen City Council, represented by Morton Fraser MacRoberts LLP with Dan Byrne KC leading the legal defence, maintains it followed proper legal procedures throughout the process. The council insists the restrictions improve air quality, enhance bus reliability, and promote active travel in accordance with the authority’s net zero and sustainable transport objectives.
During the hearing, questions were raised about Mr Esslemont’s standing to bring the case. Dan Byrne KC challenged whether Mr Esslemont was suitable to represent Aberdeen traders, noting that his Thistle Street store is located at some distance from the actual bus gates. The council’s lawyer suggested that retailers closer to the traffic measures who contributed financially to the legal challenge should have lodged the appeal themselves.
A significant portion of the hearing involved extended debate around the interpretation of whether access to city centre streets was “prevented” or merely “restricted” – a semantic distinction with potentially major legal implications under the Road Traffic Regulation Act 1984.
The financial stakes are substantial. Since their introduction in August 2023, the bus gates have generated more than 100,000 penalty charge notices, raising over £3.5 million in fine revenue for Aberdeen City Council. If the scheme is ruled unlawful, the council could potentially be required to refund over £1 million in penalties to motorists.
What Happens Next?
Lord Pentland will now carefully consider the legal arguments presented by both sides before issuing a written judgment. The timeline for the decision remains uncertain, though the judge indicated it would be delivered as soon as practicable.
Should the court rule in favour of Mr Esslemont and the business coalition, Aberdeen City Council could be compelled to reverse the permanent traffic order and potentially refund substantial sums in penalty charges. Such an outcome would also raise questions about the future of the £12 million Bus Partnership Fund allocation and the broader City Centre Masterplan.
Conversely, if the court upholds the council’s decision, the bus gates will remain in place as a permanent feature of Aberdeen’s transport infrastructure, cementing the city’s commitment to prioritizing public transport and active travel over private car use in the city centre.
