Campaigners fighting to save St Fittick’s Park in Aberdeen have suffered a significant setback after Scotland’s highest civil court rejected their latest legal challenge to halt development plans for the city’s last major green space in Torry. The ruling paves the way for the controversial Energy Transition Zone (ETZ) project to move forward, despite strong local opposition and warnings about the loss of vital community amenities.
History of the Dispute
The battle over St Fittick’s Park began in 2019, when Aberdeen City Council and ETZ Ltd – a not-for-profit company backed by both UK and Scottish governments – proposed transforming part of the park into an industrial hub for green energy, including offshore wind and hydrogen technologies. Proponents argue the ETZ is essential to diversify the region’s economy and secure Aberdeen’s future as a centre for renewable energy.
However, residents and campaigners, led by Friends of St Fittick’s Park, have fiercely opposed the plans. They contend that the development would destroy the last remaining green space in one of Aberdeen’s most deprived areas, exacerbating health inequalities and repeating mistakes made during the city’s 1970s oil boom, when local communities lost homes and access to natural amenities. Campaigners also argued that the council failed to carry out a required equality impact assessment, which they believe is crucial given the area’s high proportion of vulnerable residents.
Latest Legal Setback
The most recent legal challenge centred on the council’s September 2023 decision to begin formal talks with businesses about developing the park. Campaigners argued this triggered a legal duty for an equality assessment under the Equalities Act 2010.
However, Lord Fairley of the Court of Session has dismissed their petition, ruling that the council was only gathering preliminary information and was not yet required to conduct such an assessment.
In his judgment, Lord Fairley stated:
“The clear purpose of the resolution of September 11 2023 was to facilitate the collection of relevant information about what development of the park by ETZ… might entail. Logically, the ingathering of such information needed to take place before any impact assessment could be carried out… in passing resolution 9.6 of 11 September 2023, [the council] did not breach any of the duties incumbent upon it under section 149 of the Equality Act 2010 or regulation 5 of the 2012 regulations.”
Reaction from Both Sides
Campaigners expressed disappointment but vowed to continue their fight. Richard Caie from Friends of St Fittick’s Park said:
“Friends of St Fittick’s Park are disappointed that the Supreme Court did not find in our favour. We are dismayed but not discouraged. We will continue to oppose the industrialisation of the community’s beloved park by all legal means. As a small group of volunteers we are proud of our efforts so far and, unlike ETZ Ltd, we do not have tens of millions of pounds of taxpayers’ money to promote a big PR campaign.”
On the other side, ETZ Ltd welcomed the court’s decision. A spokesperson stated:
“We welcome today’s Court of Session judgment. Through our Community & Coast programme, ETZ Ltd are firmly committed to enhancing wider greenspaces in proximity of the Energy Transition Zone in co-design and collaboration with the local community. This will include significant improvements to St Fittick’s Park, Tullos woods and the coastal path corridor as part of the project’s wider regeneration ambitions. It is important to highlight that we have proposed utilising, subject to planning, a significantly reduced area of development to St Fittick’s Park with just over half of the Aberdeen City Council proposed sites being developed equating to less than a third of the park overall.”
Aberdeen City Council simply “noted” the court’s decision.
The court’s ruling means that the ETZ project can proceed to the next stages, although planning permission and further consultation are still required. Supporters say the development will bring jobs, investment, and regeneration to the region. However, campaigners warn that the loss of green space will have lasting negative impacts on community health, wellbeing, and environmental quality, particularly for children, the elderly, and those already facing deprivation
As the project advances, the focus will shift to planning processes, potential mitigation measures, and continued community opposition. The outcome will shape the future not only of St Fittick’s Park but also of how Aberdeen balances economic development with environmental and social justice.
