A Scottish court has ruled that a traveller family must leave a site in Edinburgh designated for The Art Works, a major national art storage and display facility. The family—comprising a man, woman, 11 children and several itinerant workers—had occupied the Granton location across three caravans, but Lady Tait of the Court of Session determined that the Scottish government's claim to the land was legitimate and ordered immediate eviction.
The £100m Art Works development is scheduled to open in 2030 and will serve as a climate-controlled repository for Scotland's national art collections. According to recent reporting on the project's funding, the facility will hold over 130,000 artworks from the national collection when not displayed in conventional galleries, while remaining open to the public. The site sits on brownfield land near the existing National Museums Collection Centre and forms part of a broader regeneration initiative across the Granton Waterfront area.
Planning permission for The Art Works was granted by the City of Edinburgh Council in October 2023. The Scottish Government has since secured substantial backing for construction: £56m in funding was announced in June 2026, and the Heritage Fund approved a further £8.5m in July 2026.
What was the family's legal argument?
The family contested the eviction on human rights grounds, contending that removal without provision of culturally appropriate alternative accommodation would violate their rights under the European Convention on Human Rights—specifically articles eight and 14, which protect family life and prohibit unlawful discrimination. Their legal representative, Richard Pugh KC, also argued that the eviction would breach the children's rights under the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024.
The family highlighted their lifelong struggle to locate safe sites for habitation and described experiencing racism throughout their lives. The father, who remained unnamed in court proceedings, explained that the absence of waste collection services at the site had necessitated burning refuse. He acknowledged that
occasional campfiresoccurred but characterised these as
central to traveller cultureand denied allegations that tyres, vehicles or PVC had been burned to extract copper cabling.
Why did the court reject the human rights claim?
In her ruling, Lady Tait acknowledged that the proposed eviction engaged the travellers' human rights but concluded that interference with those rights was justified and proportionate. She found that the Scottish government's need to recover the land for The Art Works project constituted a legitimate objective.
The judge emphasised concerns about the children's welfare, noting that
the children do not have access to basic sanitationand that
their current living arrangements give rise to concerns for their safety as they live on an insecure site, occupied by an itinerant community, and they require to go outside for the toilet at night.Lady Tait determined that
there is no less intrusive measure than eviction and that the importance and urgency of the petitioners' objectives outweigh the severity.
The judge assigned responsibility to the City of Edinburgh Council to support the family following eviction, though she did not specify what form that support would take. The court heard that no traveller sites in Edinburgh currently have available capacity to accommodate the family.
What is the history of the occupation?
The traveller family had occupied the Granton site for a considerable period. According to earlier reporting, the occupation began in 2019, meaning the family had been present for nearly eight years at the time of the court hearing. The site, located between West Granton Road and Waterfront Avenue behind retail outlets including Lidl and B&M, became a focal point of local concern.
Residents lodged complaints about the occupation, citing issues with waste management and fires. In February 2026, enforcement agents arrived at the site under a sheriff's eviction order, but the removal was blocked by protesters and police did not enforce the eviction that day, according to reporting from that time.
What happens next?
Lady Tait's order requires the family to vacate the site with immediate effect. A government letter reported in October 2025 had indicated that officials were targeting clearance and securing of the Granton land by the end of January 2026, contingent on alternative accommodation being identified for the occupants. The Scottish Government must now work with the City of Edinburgh Council to establish what support and relocation options will be made available to the family and their children.
The Art Works project remains on schedule for its 2030 opening, with construction expected to commence following the site's clearance and the completion of necessary preparatory work.
Key Facts
- The Art Works will store and display over 130,000 artworks from Scotland's national collection in a climate-controlled Passivhaus facility opening in 2030
- The Scottish Government has secured £56m in construction funding, with an additional £8.5m approved by the Heritage Fund in July 2026
- The traveller family had occupied the Granton site for approximately eight years before the court order
- No traveller accommodation sites in Edinburgh currently have available spaces for the family
- The City of Edinburgh Council is responsible for providing support to the family following eviction
