Whitesands legal challenge called off

A PLANNED legal challenge against the flood defence work on the Whitesands in Dumfries has been halted.

The costs of pursuing the action against Dumfries and Galloway Council have been deemed too expensive, with a crowdfunder only raising £4800 of the at least £70,000 needed.

It also follows a consultation last week with solicitor and a King’s Counsel in Edinburgh, who advised that the challenge had merit and could be successful.

However, they warned it would take ‘serious litigation’ to win.

The Whitesands Legal Challenge Collective, who were pushing the idea, on Tuesday posted an update on their plans, saying: “It has become clear that pursuing this action would involve serious, prolonged litigation with costs likely extending far beyond the level of funding achieved to date.

“Sadly we have not raised enough to mount a significant challenge.”

Contributions given so far are to be refunded.

However, the group has pledged to continue to monitor the project, adding: “This is not the end of scrutiny to hold Dumfries and Galloway Council accountable for their conduct, but it is the responsible decision at this stage.”

Collective founder Mike Sutherland gave a presentation at the Coach and Horses pub last week, outlining how he believes the council failed to obtain the court permission required to alienate the common good assets affected by the controversial Whitesands project.

Mr Sutherland is adamant the local authority does not have the necessary statutory approval to commence construction and added: “D&G Council is intent on bulldozing ahead regardless, in the belief that no-one will be able to challenge them legally.”