5 April 2011
Statutory Review of Aberdeen Western Peripheral Route
A statutory review of the decision by the Minister to approve the orders for the 46km long Aberdeen Western Peripheral Route concluded in the Outer Court of Session last month. The review was initially brought by RoadSense, the campaign group opposed to the bypass. However, due to questions concerning the group’s right to mount a legal challenge due to its status as an unincorporated body, it was decided to bring the challenge through its Chairman William Walton. He was joined by a second appellant, John and Maggie Fraser, who run an organic farm close to the route.
The challenge brought by Mr Walton focused largely on the inadequacy of the process of public consultation with those living along 14km long Fast Link and on the Minister’s decision to restrict the remit of the public inquiry by insisting that the Fast Link be anchored at Stonehaven.
Whilst Mr Walton accepted that the Minister was acting within his powers to stipulate that there should be a bypass to the west of Aberdeen he argued – based upon the case of Bushell v Secretary of State for the Environment [1981] - that the precise line of the route was more properly a matter to be considered at the public inquiry.
In addition Mr Walton also claimed that the decision to route the bypass through the International School of Aberdeen – notwithstanding that it housed bat roosts – was made without proper regard to the tests laid down in the EU Habitats directive.
Mr and Mrs Fraser’s challenge was founded on a breach of their human rights and specifically the failure of the Scottish Government to provide legal aid to fund adequate professional representation at the public inquiry. If successful it could have profound - and highly positive - implications for the Scottish planning system.
The appeal before Lord Tyre lasted 9 days and it is not likely that a decision will be issued for several months. The Scottish Government has indicated that if it is unsuccessful it will appeal.