Lord Tyre recently rejected two Court of Session appeals, one brought by William Walton, Chairman of the campaign group Road Sense and another by John and Maggie Fraser, so paving the way for the £400m Aberdeen Bypass Project to proceed.
The 28-mile 'Fastlink' to the north, west and south of Aberdeen - the Aberdeen Western Peripheral Route (AWPR) - was originally approved by the Scottish Ministers in December 2009 following a four-month public inquiry, but the £400m project was brought to a standstill by legal objections being lodged by way of appeal to the Court of Session.
William Walton argued that the restricted remit of the public local inquiry was procedurally unfair and unreasonable, constituting a breach of an individual's right of public participation in terms of the EU Public Participation Directive; the economic justification for the AWPR had not been properly investigated; and the provisions of the Habitats Directive had not been complied with.
John and Maggie Fraser on the other hand were concerned that the proximity of the AWPR would threaten their organic farming business. Their objections were predominantly based on purported breaches of their human rights, and a claim of procedural unfairness.
Lord Tyre rejected the majority of the arguments put forward by the appellants resulting in refusal of both appeals. The full Opinion of Lord Tyre can be found here.
The Councils of Aberdeen and Aberdeenshire have reiterated that they are committed to the AWPR and those involved are now keen to progress to the next stage as soon as possible.