A judge has ruled that an Irish Traveller family living in caravans at Waterfront Avenue in Edinburgh can be evicted immediately, clearing land planned for a new £100 million gallery for Scotland’s national art collections. Lady Tait found that, although the eviction engaged the family’s human rights and children’s rights, it was justified and proportionate because of the development’s importance and urgency.

The couple and their 11 children argued that removal without culturally appropriate alternative accommodation would breach protections for family life, non-discrimination and children’s rights, but the court ruled they had no entitlement to occupy the site. The planned Art Works venue in north Edinburgh is part of wider regeneration and is intended to display around 130,000 National Galleries of Scotland works usually held in storage; it has also received £8.5 million in National Lottery funding. Lady Tait said Edinburgh City Council would have an obligation to support the family after eviction.