Scott Blair in legal first for Union Terrace Gardens

Scott Blair

The gardens which are part of the Common Good of the City of Aberdeen have been used for leisure and recreation since the 18th century.

Aberdeen City Council plans a restoration of the gardens as a pleasant green space in the heart of the city with three areas which may include new retail, food, drink and community and exhibition uses.

Having identified a way forward which would secure the consent needed in terms of Common Good law, Mr Blair prepared a petition under section 75(2) of the Local Government (Scotland) Act 1973 and secured the necessary consent in a hearing before Lord Bannatyne.

Apart from drafting the petition and appearing in the Outer House, Mr Blair (along with the Council’s legal team) provided advice throughout the process of obtaining court approval for the plans.

This is the first use of the new power of the Court of Session under section 77 of the Land Reform (Scotland) Act 2016 to allow a local authority to retain ownership of Common Good land but to appropriate it to a use that is different from the original use of that land.