ABERDEEN City Council’s failure to comply with the Equalities Act has rendered the the industrialisation of St Fittick’s Park “unlawful,” a court has heard.

Campaigners from Torry, one of Scotland’s most deprived communities who face losing their last remaining green space to an Energy Transition Zone (ETZ), took their fight against the scheme, backed by Westminster and Holyrood, to the Court of Session on Monday.

Representing Friends of St Fittick’s Park, Govan Law Centre’s Mike Dailly argued that the council’s decision to back the plans “will do significant disadvantage for children, older persons, and those with disabilities who use the park, and will have a profoundly adverse impact on their health and wellbeing” —  a line supported by Aberdeen GPs.

Arguing that the impact of such plans constituted a change in council policy, Mr Dailly maintained that an Equalities Impact Assessment (EIA) under the Equalities Act should have been conducted.

He told judge Lord Fairlie: “If I can convince the court of that point, that’s sufficient to make a submission that the decision itself was unlawful.”

Responding, Niall Maclean, representing Aberdeen City Council, argued that their approval did not amount to “a new or revised policy or practice,” and as such did not require an EIA.

The judgement has been reserved.