Eastgate Centre says ‘damn-right frustrating’ battling Highland Council over Academy Street plans after consultation was ruled ‘unlawful’
Eastgate Centre representative Julian Diamond has described battling Highland Council over its Academy Street plans as “extremely time consuming, costly and at times, damn-right frustrating.”
Mr Diamond was speaking after news broke yesterday that the Eastgate won its case against the local authority after Lord Sandison found that the council’s consultation was not only “unfair” but that it had strayed into “unlawfulness.”
Now the conduct of the council is under a microscope with the leader of the opposition at the council, Alasdair Christie, saying the leader of Inverness “should consider his position”.
While Lord Sandison disagreed with a number of points put by the Eastgate’s counsel, the ruling endorses what many critics said about how the council handled the scheme.
Mr Diamond said: “We’re delighted by the judgement of Lord Sandison in this matter issued earlier.
“It’s been said that ‘Liberty’s in every blow’ and all along we’ve made a stand for the commercial and retail businesses of Inverness city centre. Today, we believe common sense has prevailed.
“We’re passionate about the prosperity of the city centre and fully support upgrading streetscape proposals to Academy Street.
“We support the concept of reduction in traffic along Academy Street, speed restrictions, making it safer for pedestrians, those with mobility issues, parents with young children and cyclists.
“However, the answer is certainly not the closure of Academy Street to through traffic as that will undoubtedly have a significantly negative economic impact. For the vitality of local businesses, consumers must be able to use Academy Street during business trading hours without restriction.
“Although our door has always remained open for discussion, unfortunately, due to a variety of reasons there’s been a lack of engagement, a lack of consultation and a reluctance to engage and work together to consider alternatives or compromise.
“Along with our solicitor’s Burness Paull, I’d especially like to thank those at Inverness BID for their assistance and support over the past year, along with a number of key local political figures.
“This matter has been extremely time consuming, costly and at times, damn-right frustrating.”
Councillor Christie – who is also a director of Inverness BID, which is against the plans – said the leader of Inverness, Cllr Ian Brown “should consider his position” in light of the unlawful basis that the council had progressed the scheme and the high risk to local traders’ livelihoods.
“I think this vindicates the position taken by many councillors who had concerns about the whole scheme – I actually called for a trial of the scheme,” Cllr Christie said.
“The council administration was asked to pause the scheme – yet they continually pushed it forward and now with the judgement it is quite clear that best practice and procedure was not followed by the council.
“I think the chair of the city committee should consider his position and decide whether it is actually tenable after a decision on a matter of huge importance is going against the current administration.”
Inverness City Leader Councillor Ian Brown would not be drawn on his future as city leader, saying the local authority would need time to consider its position before updating the public next week.
He said: “I am disappointed with Lord Sandison’s judgement in relation to the judicial review that was raised challenging the council’s intention to redevelop Academy Street.
“Due to the length of Lord Sandison’s judgement the council will require time to consider the decision in detail before we are able to comment further on this matter.
“It is anticipated that an update of the council’s position in relation to Academy Street will be provided next week following a comprehensive review of the judgement and the options available to the council.”
A spokesperson for the BID Board said: "BID welcomes the decision. Our organisation has stood firmly alongside our businesses on this issue from day one.
“We have consistently raised significant concerns about the fairness of the procedure and other related matters from November 2022. It is deeply regrettable that these concerns were dismissed, ultimately forcing one of our key stakeholders to pursue costly legal action—a move we fully and actively supported.
“Our collective efforts have been extensive, with the aim of ensuring that the voices and concerns of our community were properly considered and represented. The recent judgement has confirmed that Highland Council's approach was not only unfair but also unlawful. We will now take time to thoroughly reflect on the decision."
