Union Terrace Gardens in Aberdeen has taken a critical step on the road to transformation with the assistance of the legal skills and expertise of 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, in seeking to bring to reality their City Centre MasterPlan, recognised that regeneration of the Gardens was an integral part of the wider improvement of the centre of Aberdeen. Their vision for the regenerated Gardens includes a complete restoration of the Gardens as a pleasant green space in the heart of the City but also, in recognition of modern leisure preferences, the development of three areas within the Gardens which may include new retail, food and drink and community and exhibition uses.

Scott was asked to advise and represent the Council, and worked with Aberdeen City Council’s Legal Team, in navigating the project through the maze of legal complexity surrounding a major development which impacts on Common Good property. Having identified a way forward which would secure the consents needed in terms of Common Good law, Scott prepared a detailed petition under section 75(2) of the Local Government (Scotland) Act 1973 and secured the necessary consents in a hearing before Lord Bannatyne. Apart from drafting the petition and appearing in the Outer House, Scott (in partnership 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 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.

Scott Blair is regularly instructed in Common Good matters and this case represents his most recent success in this field.