Edinburgh city councillors have voted utilise £250k of funding in a last-ditch attempt to save Gorgie Farm.
The farm closed to the public on Monday (January 16) after charity Love Learning announced it was walking away over funding troubles and the cost of living crisis.
Edinburgh council leader confirmed officials were now looking into the 'liability' of Love Learning relating to the terms of their contract with the council, which could help delay plans to remove the farm's resident animals.
READ MORE: Gates close on Edinburgh's Gorgie Farm as council told to 'take responsibility'
A number of other organisations, including Edinburgh Zoo, have already signalled their interest in playing a part in its future running, but it could take months before a solution is found.
Staff, volunteers and locals devastated at the closure gathered shortly before the gates were shut on Monday, with many calling on the council to step-up and find a way to ensure the site is maintained and animals remain on the farm in the meantime.
And at Tuesday's policy and sustainability committee councillors instructed officials to use £250k remaining in a discretionary grant fund set up to help businesses during during the pandemic to rescue the attraction in the short-term, as the Labour administration and Conservatives were defeated 11-6 in a vote against the SNP, Green and Lib Dems.
An amendment to a motion tabled by council leader Cammy Day regretting the farm's closure said two full time staff members should be transferred to the council's payroll with council funds also used for any running costs.
However Edinburgh City Council chief executive Andrew Kerr questioned the legality of TUPEing - which stands for 'Transfer of Undertakings (Protection of Employment) - and whether it was "the right solution".
"The very specificity of making sure it's two TUPE transfers for two members of staff may not be legal," he told committee members.
He added: "It may not be possible to TUPE them in and back out. It may also threaten any considerable bid.
"I'll have a look at this, as long as we can do it within the £250,000 that's left in the delegated grant.
"That does mean there will be a limit on the time we can do this without a council decision."
Farm staff's employment is due to end on Wednesday (January 18) whilst its understood the process of transporting animals to nearby farms and zoo's, for temporary re-homing, has already begun.
Cllr Day said this could be "up for a challenge," however, commenting there were "ongoing legal discussions about the liability of Love Edinburgh".
He added: "They have a legal contract with the council and I understand that they can't just walk away from a legal contract we have with them.
"That's one of the many ongoing discussions between the council and Love's representatives."
"I think the date Love might want to remove animals is up for a challenge. "
Following the vote, he said: "This interim measure to try and find a legal route round TUPEing staff, I'm sure we'll be caught in some legal debate about whether we can or should do that - but of course we will try to achieve that best we can for a few weeks that keeps animals on site looked after until we find a new operator.
"The most important thing for me is to make sure we get a new operator because if not then the farm will fail and the animals will go into care somewhere else."
Cathy Fullerton, SNP councillor for Gorgie, said: “I’m delighted committee backed the proposed plan put forward by all ward councillors on behalf of our community. It’s essential we now secure the upkeep of the farm and keep staff on-site through any transition to another operator.
"It was obviously disappointing Labour and the Tories tried to vote down our plan but grateful to all other parties for recognising the strength of feeling in Sighthill-Gorgie and across Edinburgh.”
Local councillor Ross McKenzie, who is currently sitting as an independent whilst suspended from the Labout group, added: "I’m pleased that ward councillors were able to collaborate today to pass this amendment which instructs officers to employ some of the existing Gorgie Farm staff to take responsibility for the essential upkeep of the Farm.
"However, the time line is extremely tight, with animals already being removed and staff due to leave at the end of the day tomorrow. It is therefore essential that officers act on this instruction with all due haste.
"My fear, and I know it shared by many in the community, in the city, and among the workers, volunteers and their families, is that allowing the farm to sit empty, for a period of 2-3 months minimum is to put the social and community benefits that it provides, at risk for the long term. It’s been clear for some time that only the council was able to protect the farm during this period and now there is a clear instruction for officers to do so."
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