What are we doing to stop the stadium and training facilities development?
We are working on multiple fronts to ensure the application does not proceed. These include working with Aberdeenshire Council to ensure that the CPZ and Bridge conditions of the application are not granted AND taking forward a Judicial Review of the decision by Aberdeen City Council.
Can we win a Judicial Review?
Yes, we can. Other community groups have challenged similar decisions and won. In 2016, STEPAL in St. Andrews won a technically similar case against Fife Council. We have reviewed the process applied by ACC and have identified multiple failings of process and many legal issues relating to the application.
What does a Judicial Review involve?
We hope to prove through the Judicial Review that ACC acted unlawfully; that the decision was made using an unfair procedure; that the decision was contrary to the legitimate expectations of the community; that ACC failed to act proportionally in their consideration of the decision and that the decision was so unreasonable as to be irrational.
What is the case against Aberdeen City Council?
The case is complex and the detailed legal arguments will be used in court so sharing that here may jeopardise the strategy used in court.
But in a nutshell, ACC haven’t processed the application fairly and haven’t applied the rules correctly.
How much do we need to make this happen?
We have an initial target of £60,000 to reach. A rough guide to our costs are:
- £5,000 for legal opinion on likelihood of success of Judicial Review,
- £15k to £20k to prepare and lodge the petition for Judicial Review,
- £40k to £60k to take that petition through to an initial judgement.
We have already secured the necessary funding (£20k) for both the legal opinion and to lodge the petition. We need your help to fund the action through the courts.
What if the Judicial Review fails?
If our initial petition for Judicial Review is unsuccessful, we would then appeal. Equally, Aberdeen City Council, could appeal. The outcome of the appeal can then also be challenged in the UK Supreme Court.
The petition is lodged by our company on behalf of the community and the company carries the risk.
What if Scottish Ministers “Call In” the application?
If the application is called in, we will work to represent the views of the local community to Scottish Ministers. Should they determine the application in favour of AFC, we will also review that decision through Judicial Review, if appropriate.
Will I get my money back if I donate?
It depends on how costs are awarded and if any of our costs are awarded against Aberdeen City Council. Even in the event that costs are awarded to us, there is still a likelihood that this would not be the full amount of actual costs incurred in taking this action. There is no guarantee that you will get anything back even if we win but we will endeavour to return funding if we are in a position to do so (which is one reason we ask you to provide your contact details when you donate – and we also want to keep you updated on our progress).