Aberdeen City Council came under fire from a sheriff yesterday after the authority launched a legal battle against itself in court.
Sheriff Colin Harris threatened to dismiss the action being fought between two council departments over plans to create a hostel for the homeless at Tillydrone.
He said it belonged more in the “realms of politics than the law” during a hearing at Aberdeen Sheriff Court.
Council taxpayers are expected to be left with a £15,000 bill for the appeal launched by housing bosses against a decision by councillors in May to refuse a special licence for the proposed unit.
Children as young as eight were among 132 objectors to the proposed Aberdon House hostel who were invited to appear as witnesses in court.
Sheriff Harris agreed yesterday to postpone the case for four weeks to allow the objectors to obtain legal representation. He urged the campaigners not to return to the small courtroom next month and instead send one spokesman in their place.
“This has got out of hand,” he said. “I do not intend to order that all 132 respondents lodge answers. It would just be absurd.”
The TaxPayers’ Alliance pressure group launched an attack last night on the council’s handling of the case.
“This ridiculous saga shows just how disjointed, bureaucratised and unwieldy local government has become,” a spokeswoman said.
“These matters could easily be solved in-house with better communication between departments, but instead Aberdeen City Council is squabbling with itself and costing hard-pressed taxpayers a fortune.”
It emerged yesterday that the group has decided to open an office in Aberdeen amid “increasing bewilderment at the behaviour of public bodies in the area”.
Councillor Mark McDonald, vice-convener of the authority’s housing committee, defended the court appeal last night. He said: “I would agree with the sheriff, to a point, that there are undoubtedly some who are using this issue for political means.
“But the motivation of the council throughout the process has been to meet our statutory and moral obligations to tackle the chronic shortage of homelessness accommodation in the city.”
Sheriff Harris said that, if the courts were to overturn the hostel decision, the issue would “in all probability” be returned to the licensing committee and residents would be given another opportunity to object then.
“It seems to me this is a situation where we are more in the realms of politics than the law,” he said.
“It would be difficult, given the number of people who object, to overturn the decision and substitute the court’s decision.
“It is something which should go back to a properly elected committee.”
Tillydrone Community Council chairman Ross Grant had told the sheriff the objectors wanted to appoint a lawyer to represent them “under one umbrella”.
The city council rejected a request from Mr Grant earlier this month to pay the objectors’ legal costs.
Lynn Cunningham’s 76-year-old mother, Norma Cunningham, lives in the neighbouring Aberdon Court sheltered housing complex.
Her eight-year-old daughter, Shana-Michelle, was among the objectors invited to attend court. Ms Cunningham branded the situation “ridiculous” last night.
“It should never have come to court,” she said. “I know the sheriff said there is no need for us to go back but we have an interest in this. I feel we do need to go back.”
Speaking after the hearing, Mr Grant said: “If it was to go back to committee and we were allowed the opportunity to once again put our objections to them, we would be happy. The people are really passionate about this. We never expected that by objecting we would be forced to go to court. Something the council have failed to appreciate is how seriously we are taking this.”
Next month, a similar battle will convene in the courts after housing chiefs lodged an appeal against a decision by licensing committee members last year to refuse a licence for an existing council hostel in Crown Street.
The pending closure of the hostel prompted the council to prepare plans for Aberdon House, which councillors hoped would help address a severe shortage of temporary accommodation for the homeless in the city.
The council is currently in breach of housing laws because of its lack of accommodation for homeless people and is even considering buying a small hotel to address the problem.
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