Agenda and minutes

The Council observed a minute’s silence in memory of Councillor Clark who had recently passed away.

The Lord Provost led the tributes to Councillor Clark, who had served in public life for 30 years, advising that his funeral was to be held on 28^th February.

Councillor John Stewart stated that Councillor Clark had been an excellent servant to the community of Dyce and the wider ward he represented; made reference to his many areas of interest, including the In Bloom competitions; and described him as a giant who would be sorely missed.

Councillor Kevin Stewart described Councillor Clark as Mr Dyce, adding that he had put Dyce on the map horticulturally, and that he had learned a lot from him when he was first elected to the Council.

Councillor Crockett echoed the previous tributes and emphasised that Councillor Clark had become synonymous with his community, representing his constituents tirelessly.

Councillor Milne expressed his admiration for Councillor Clark continuing with his Council duties until very recently despite his illness, and expressed his condolences to his family.

Councillor Donnelly referred to Councillor Clark as the Duke of Dyce and added that he would miss him greatly.

Councillor Boulton spoke of Councillor Clark’s passion for horticulture which had inspired the community of Peterculter, within her own ward, in an effort to try and emulate Dyce.

Councillor Cassie recalled Councillor Clark’s interest in planning matters and the In Bloom competitions, and stated that there had been no better ambassador for Aberdeen than Councillor Clark when he represented the city abroad.

The Council resolved:-

to concur with the tributes from the various members.

(A)       The persons undermentioned were admitted into the presence of the Council and passed as Burgesses of Guild in respect of their respective Acts of Admission in the Guild Burgess Book:-

David N Henderson, Business Development Manager, Aberdeen

Isobel Hunter, Vice Chair, Aberdeen

Stuart Milne, Jewellery Retailer, Aberdeen

Alan Reid, Director of Corporate Communications, Aberdeen

Simon Robertson, Company Director, Aberdeen

Robert Stewart, Property Manager, Aberdeen

Lindsey Sutherland, Retired Manager, Aberdeen

Gordon Townson, Community Engagement Consultant, Aberdeen

(B)       The person undermentioned was admitted into the presence of the Council and passed as a Burgess of the Burgh of Aberdeen of his own craft only:-

            Ian MacIntosh, Flesher, Aberdeen.

Councillor Allan advised that youngsters from Aberdeen continued to do the city proud in Scottish youth darts under the tutelage of Derek Weston from Torry. Fifteen out of the top thirty boys in Scotland, aged 18 or under, during the 2010 season were from Aberdeen, with the following boys occupying the top six places:-

1.                  Liam Duguid from Torry

2.                  Bradley Weston from Torry

3.                  Ryan Sinclair from Torry

4.                  Neil Cooper from Torry

5.                  Ryan Houston from Kincorth

6.                  Fraser Allan from Hilton

The Council resolved:-

to congratulate the youngsters, and Mr Weston, for their great achievements.

The Council was requested to determine that the following items of business, which contained exempt information as described in Schedule 7(A) of the Local Government (Scotland) Act 1973, be taken in private:-

11(a)     Board of Sport Aberdeen - Approval of Preferred Candidate - Report by Director of Education, Culture and Sport

11(b)     Event Proposal - Report by Director of Enterprise, Planning and Infrastructure

11(c)     132 Wellington Road, Aberdeen - Report by Director of Enterprise, Planning and Infrastructure

11(d)     Four Group Homes - Request to Renounce Leases - Report by Director of Enterprise, Planning and Infrastructure

The Council resolved:-

In terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973, to exclude the press and public from the meeting during consideration of the aforementioned items of business (Articles 23 to 26 of this minute refer) so as to avoid disclosure of exempt information of the classes described in paragraphs 1, 6 and 9 of Schedule 7(A) of the Act.

The Council had before it the minute of meeting of Aberdeen City Council of 15^th December 2010.

The Council resolved:-

to approve the minute.

The Council had before it the minute of the special meeting of Aberdeen City Council of 5^th January 2011.

The Council resolved:-

to approve the minute.

The Council had before it a pamphlet of standing committee minutes from 26^th October 2010 to 20^th January 2011.

The Council resolved:-

to note the minutes.

The Council had before it a statement of Council business which had been prepared by the Head of Legal and Democratic Services.

The Council resolved:-

(i)                 to note that a report would be submitted to the next meeting on the 50m Swimming Pool, which would address the use of Common Good funding for the project; and

(ii)               otherwise to note the statement.

NOTE: A complete set of the written representations received in relation to the Third Don Crossing application is available in the Members Library.

With reference to Article 2 of the minute of meeting of the Development Management Sub Committee of 17^th February 2011, which had been referred to it for consideration by five members of the Sub Committee, the Council had before it (a) a report by the Head of Planning and Sustainable Development on the application (100135) for the construction of a new 2.4 kilometre long, generally 7.3 metre wide, single carriageway wide road with associated footways, segregated cycleways, verges and earthworks and also clearance of some existing vegetation, trees and the construction of a new bridge over the River Don, new drainage, road signs, street lighting, landscaping and accommodation; and (b) the decision of the Development Management Sub Committee that the application be approved subject to the following conditions:-

(1) That no development shall take place within the application site to the north of the corner of Gordon’s Mills Road, until the applicant has secured the implementation of a programme of archaeological work which shall include post-excavation and publication work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the planning authority.  (2) That the development shall not take place unless there has been submitted to and approved by, the planning authority, in consultation with Transport Scotland, details of the proposed tie in arrangement of the A90 Parkway/Whitestripes Avenue Roundabout and that the development shall be implemented in complete accordance with the details as so approved.  (3) That development shall not take place unless there has been submitted to and approved in writing by, the planning authority, a plan showing the relocating of the goal posts to the south of Balgownie Drive, and that the development shall not be brought into use unless the goalposts have been relocated in accordance with the scheme as so agreed.  (4) That no development pursuant to the planning permission hereby approved shall be carried out unless there has been submitted to and approved in writing for the purpose by the planning authority a further detailed scheme of landscaping for the site, which scheme shall include indications of all existing trees and landscaped areas on the land, and details of any to be retained, together with measures for their protection in the course of development, and the proposed areas of tree/shrub planting including details of numbers, densities, locations, species, sizes and stage of maturity at planting, including details of planting in areas around the underpasses.  (5) That all planting, seeding and turfing comprised in the approved scheme of landscaping shall be carried out in the first planting season following the completion of the development and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a size and species similar to those originally required to be planted, or in accordance with such other scheme as  ...  view the full minutes text for item 9.

With reference to Article 3 of the minute of meeting of the Development Management Sub Committee of 17^th February 2011, which had been referred to it simpliciter for determination in association with the application for the Third Don Crossing, the Council had before it a report by the Head of Planning and Sustainable Development on the application (100150) for removal of a 44 metre section of the north boundary wall and 30 metre section of the south boundary wall of Danestone Market Gardens, off Laurel Avenue, Danestone.

The report contained a description of the site and surrounding area;  contained also the detail of consultation response received from Historic Scotland, which highlighted they were content with the principle of the partial demolition of the Category B listed Danestone walled garden, on the grounds of public benefit;  advised that one letter of representation had been received in respect of the proposal and the views expressed therein;  identified the planning policy and considerations arising and against which the application would fall to be assessed;  and provided a detailed evaluation of the proposal in light of the policy position and other material planning considerations to be taken into account.

The report recommended:-

that the Development Management Sub Committee indicate the willingness to approve the application subject to referral to the Scottish Ministers and upon the following conditions:-  (1)  That the proposal that is the subject of this listed building consent, for the partial demolition of the Category B listed garden walls, should be implemented only as part of a wider scheme for the development of the Third Don Crossing (approved under application reference 100135, or other such application subsequently approved).  That development shall not take place unless there has been submitted to, and approved in writing by, the planning authority a scheme showing the phasing of development. Thereafter the proposal shall be implemented in complete accordance with the scheme as so agreed.  (2)  That no development shall take place unless there has been submitted to, and approved in writing by, the planning authority, details of works to the listed octagonal tower in order to preserve its structural integrity.  These shall take place in complete accordance with the scheme as so agreed, within six months of the new road being brought into use.

Councillor Dean moved, seconded by Councillor John West:-

            That the recommendation within the report be approved.

Councillor Crockett moved as an amendment, seconded by Councillor Cooney:-

That the application be refused on the grounds that the proposal was not currently in the Local Development Plan and should not be considered at this time.

On a division, there voted:-

For the motion  (26)  - Lord Provost Peter Stephen; Depute Provost Dunbar; and Councillors Corall, Cormack, Cormie, Dean, Donnelly, Fletcher, Greig, Jaffrey, Kiddie, McCaig, McDonald, Malone, May, Milne, Penny, Reynolds, Robertson, Jennifer Stewart, John Stewart, Kevin Stewart, Wendy Stuart, John West, Wisely and Yuill.

For the amendment  (14) - Councillors Adam, Allan, Boulton, Cassie, Collie, Cooney, Crockett, Farquharson, Graham, Hunter, Ironside, Laing,  ...  view the full minutes text for item 10.

Minute of Meeting of Development Management Sub Committee of 14^th January 2011

With reference to Article 1 of the minute of meeting of the Development Management Sub Committee of 14^th January 2011, at which time the Sub Committee had met to conduct a predetermination hearing relative to the application (101299) by Aberdeen Football Club for planning permission in respect of the proposal for a 21,000 capacity sports and leisure stadium, associated car parking, access arrangements and landscaping at land at Loirston Loch, Wellington Road, Aberdeen, the Council had before it a report by the Head of Planning and Sustainable Development on the aforementioned application.

The report contained a description of the site and surrounding area. Detailed planning permission was sought for the proposal which comprised the following:-

• 21,000 spectator capacity all-seated football stadium, which would include changing rooms, training facilities, gymnasium, office facilities for Aberdeen FC, an Aberdeen FC shop, museum, classroom, café, 1,000 capacity home supporters bar and mixed use commerical space
• 1,400 car and coach parking facilities
• A new signalised junction at the site access to Wellington Road and an access to Wellington Circle
• Ground maintenance accommodation
• Landscaped grounds with footpaths

The report explained that the planning application required to be determined by the full Council under new legislation which had been introduced in August 2009, as part of the Scottish Government’s modernisation of the planning system. Section 14(2) of the Planning etc (Scotland) Act 2006 amended the Local Government (Scotland) Act 1973 to the effect that where a planning application had been the subject of a predetermination hearing under Section 38A of the 2006 Act, the planning application had to be decided by the full Council.

The views of the statutory consultees and the letters of objection were referred to in the report, which contained an indication of the relevant policy considerations arising. The detailed evaluation of the application was then set out in relation to the adequacy of the Environmental Statement; Scottish Planning Policy; the Aberdeen City and Shire Structure Plan; the Aberdeen Local Plan; the Aberdeen Local Development Plan - Proposed Plan; site selection and consideration of alternative sites; economic, social and cultural impacts; traffic and transportation impacts; the layout, scale and design of the development; landscaping; land use, access and recreation; landscape character and visual impact; cultural heritage and archaeology; ecology and nature conservation; water quality and drainage; geology, hydrogeology and contamination; air quality; noise, light pollution and disturbance; mitigation; impact on residential amenity; precedent; and other relevant planning matters that had been raised in written representations.

The report recommended:-

that the Council (1) indicate a willingness to approve the planning application subject to conditions, as outlined below, and a legal agreement to secure (a) the funding and implementation of several transport related measures; (b) the planning gain contribution; and (c) the extension of the public plaza in the event of adjacent land being developed as a new community; and (2) notify the application to the Scottish Ministers for their consideration.

CONDITIONS

(1)  That no development shall take place within  ...  view the full minutes text for item 11.

With reference to Article 16 of the minute of its meeting of 6^th October 2010, the Council was requested to consider appointing a replacement member to the Robert Gordon’s College Board of Governors in place of Councillor Kirsty West who had resigned.

The Council resolved:-

to appoint Councillor Wisely to the position.

The Council had before it a report by the Director of Enterprise, Planning and Infrastructure seeking permission to suspend the operation of the Aberdeen City Council Drinking in Public Places Byelaw 2002, to permit the responsible consumption of alcohol within the boundaries of the Duthie Park for the BP Summer Big Screens event on 4^th July from 6.00pm until 11.00pm.

The report advised that the live transmission of the opera Madame Butterfly would be relayed to Aberdeen from the Royal Opera House in London on 4^th July. The event was free to the public and was expected to attract 3,000 people. Limited catering would be provided at the event and although alcohol would not be for sale, the report anticipated that members of the public might want to bring picnics, which could include alcohol. The report highlighted that in each of the five previous years such an event had been held, there had been no noted incidents relating to alcohol.

The report explained that the existing Aberdeen City Council Drinking in Public Places Byelaw 2002 would require to be suspended to allow consumption of alcohol at the event. This involved the creation of a new byelaw, which would enact a temporary suspension of the existing byelaw. The report added that the new byelaw would have to be advertised, with members of the public having an opportunity to comment on the proposed suspension, and approved by the Scottish Government.

The report recommended:-

that the Council instruct the Head of Legal and Democratic Services to undertake the processes necessary to enact the suspension of the byelaw currently in operation, of the existing Aberdeen City Council Drinking in Public Places Byelaw 2002 within the boundaries of the Duthie Park for the BP Summer Big Screens event on 4^th July from 6.00pm until 11.00pm.

The Council resolved:-

to approve the recommendation.

The Council had before it a report by the Director of Education, Culture and Sport which provided an update on progress regarding the Gordon Highlanders commission and sought approval for the contracted artist to proceed with the manufacture of maquettes.

The report summarised the progress of the Gordon Highlanders Working Group in establishing a commemorative statue to the Gordon Highlanders, following approval by the Council on 24^th June 2009.  Mark Richards had been approved as the contracted artist to develop the sculpture, which was to be sited in the Castlegate area in October 2011.

The report explained that the artist had requested that consideration be given to the sale of limited edition maquettes, which required the approval of the Council due to the nature of the contract for the commission. The Council would not make any financial contribution to the marketing or production of the maquettes, however subject to a formal agreement, on the basis of a 50/50 income split, the Council could expect some income to be made from the venture. The report added that the original scale model would remain the property of the Council upon completion of the commission, and permission was sought to discuss the loan of the work to the Gordon Highlanders Museum.

The report recommended:-

that the Council -

(a)              grant approval for the contracted artist to produce and market maquettes of the commission, and to delegate power to the Director of Education, Culture and Sport to agree the preferred option for a limited edition maquette and the loan of the original maquette, and to the Head of Legal and Democratic Services to ensure that satisfactory legal agreements were in place; and

(b)              agree that any profits arising to the Council from the share of the sale of reproductions be returned to the Common Good.

The Council resolved:-

to approve the recommendations.

The Council had before it a report by the Director of Education, Culture and Sport seeking approval for an additional school closure day on 3^rd May 2011 to be used as an in service training day for teachers.

The report explained that the additional school closure day would replace the existing in service day scheduled on 29^th April 2011, to support the implementation of the Curriculum for Excellence, which had been agreed as an additional holiday for staff in respect of the royal wedding resulting in all schools being closed. As an alternative, 3^rd May had been identified as a replacement in service date which would create a long weekend, which was in line with the Council’s principles in agreeing school holidays to minimise disruption. In order to progress the matter, the report advised that the agreement of the local authority and the Scottish Government was required

The report recommended:-

that the Council approve an additional school closure on 3^rd May 2011 to be used as an in service training day for teachers.

The Council resolved:-

to approve the recommendation.

With reference to Article 16 of the minute of its meeting of 30^th June 2010, the Council had before it a report by the Director of Enterprise, Planning and Infrastructure seeking nominations to the City Garden Project Monitoring Group.

The report provided an overview of progress in relation to the City Garden project in line with the indicative timetable presented to Council on 6^th October 2010 (Article 13 of the minute of that meeting refers).

In regard to the establishment of a Project Monitoring Group, the report proposed that it mirror the Marischal College Advisory and Monitoring Working Group with a composition of 2 Liberal Democrat members, 1 SNP member, 1 Labour member and 1 Conservative member. The Project Monitoring Group would be supported by senior officers from Enterprise, Planning and Infrastructure who would prepare agendas, report on progress in relation to each of the project’s main strands and answer relevant questions. The report recommended that the first meeting of the Project Monitoring Group be held before 24^th March, and that future meetings be held within ten days of each City Garden Project Management Board meeting, or six weekly, whichever was the shorter period.

The report recommended:-

that the Council -

(a)              nominate five members to sit on the Project Monitoring Group, comprising 2 Liberal Democrat members, 1 SNP member, 1 Labour member and 1 Conservative member - one of whom should be nominated as Chairperson;

(b)              agree that the Project Monitoring Group report back to Council via the Enterprise, Planning and Infrastructure Committee; and

(c)               instruct the Chairperson to convene the inaugural meeting of the Project Monitoring Group before 24^th March 2011.

Councillor John Stewart moved, seconded by Councillor Kevin Stewart:-

That the recommendations be approved subject to amending the composition of the Project Monitoring Group to reflect the decision of Council on 30^th June 2010, i.e. a 2+2+1+1+1 basis.

Councillor Greig moved as an amendment, seconded by Councillor Jennifer Stewart:-

            That this Council takes no action on this report.

On a division, there voted:-

For the motion  (23)  -  Lord Provost Peter Stephen; Depute Provost Dunbar; and Councillors Corall, Cormack, Cormie, Dean, Donnelly, Fletcher, Kiddie, McCaig, McDonald, Malone, May, Noble, Reynolds, Robertson, John Stewart, Kevin Stewart, Wendy Stuart, John West, Kirsty West, Wisely and Yuill.

For the amendment  (14)  -  Councillors Adam, Allan, Boulton, Collie, Cooney, Crockett, Farquharson, Graham, Greig, Hunter, Jaffrey, Laing, Milne and Jennifer Stewart.

Absent from the division  (4)  -  Councillors Cassie, Ironside, Penny and Young.

The Council resolved:-

(i)                 to adopt the motion; and

(ii)               that the members of the Project Monitoring Group be Councillors Malone (Chairperson), Yuill, McDonald, Kirsty West, Young, Wisely and Cassie.

The Council had before it the following questions, of which due notice had been given in terms of Standing Order 20(2), which had been placed on the agenda as Councillor Young, the questioner, had indicated he was unhappy with the responses.

Councillor Young

QUESTION –

To the Chief Executive

“To ask the Chief Executive or Acting Chief Executive if he is aware of the report which went to Enterprise, Planning and Infrastructure on 18^th January 2011, if not the report stated “During the course of January 2011, Council Officers will launch a procurement process to locate suitable development/investment partners to initiate a Hotel development as part of a larger development plan for Council owned land in and around the AECC. In parallel with this activity, the Council’s asset management and legal teams will commence negotiations with AECC Ltd. to acquire control of all land and buildings currently owned by, or leased to, AECC.” Can the Chief Executive or Acting Chief Executive confirm that this has been done in January 2011 and give Council an update on any progress?”

ANSWER (by the Acting Chief Executive) -

With regard to the proposed procurement process, this is underway. A draft Pre-Qualification Questionnaire (PQQ) has been prepared and submitted to the Council’s procurement team. Subsequent meetings have been held to discuss this document and determine what staff resources were available to support and manage the tender process.  During these meetings, it was determined that external legal advice would be required and that Enterprise, Planning and Infrastructure would need to meet the cost of obtaining this advice from within Enterprise, Planning and Infrastructure budgets. Officers are therefore currently assembling the resources needed to initiate, support and manage the procurement process. The likelihood is that the PQQ will be issued at the beginning of March.

With regard to the reversion of leases and assets to the Council, this process is also underway. Discussions have been held between the Council’s external legal advisers and officers from our Asset Management, Legal and Economic and Business Development teams to determine the resource inputs required from each team, to complete this task.  Once this is clear, AECC will be informed of any assistance required from them to complete the transfer process. There is no immediate pressure to complete the transfer process, providing this is done in time to enable completion of the proposed development agreement, with a suitable development partner.

The Council resolved:-

in Councillor Young’s absence, to defer consideration of the question to the next Council meeting, in accordance with Standing Order 20(9).

QUESTION -

To the Depute Council Leader

“To ask the Depute Council Leader if he agrees with his partner, Council Leader John Stewart, who insisted compulsory job cuts will go ahead even if more savings are found and who said ‘until there is additional money from the Government specifically for avoiding compulsory redundancies any additional money we find in the Council I would rather spend on saving services. Unless Alex Salmond is  ...  view the full minutes text for item 17.

“That this Council write to the condem coalition government in Westminster, demanding they listen to the voices of the disabled communities and drop the proposal to remove the mobility component of the Disability Living Allowance for adults and children living in state-funded residential care, which will impact on many of our residents.”

Councillor Ironside, pursuant to notice, moved:-

“That this Council write to the condem coalition government in Westminster, demanding they listen to the voices of the disabled communities and drop the proposal to remove the mobility component of the Disability Living Allowance for adults and children living in state-funded residential care, which will impact on many of our residents.”

The Council resolved:-

in Councillor Ironside’s absence, to defer consideration of the motion to the next Council meeting, in accordance with Standing Order 21(4), unless Councillor Ironside submitted the motion directly to the Social Care and Wellbeing Committee.

“That Aberdeen City Council writes to Mike Russell, the Cabinet Secretary for Education and Lifelong Learning, asking for a review of ‘The Parent’s Charter’.”

Councillor Boulton, pursuant to notice, moved:-

“That Aberdeen City Council writes to Mike Russell, the Cabinet Secretary for Education and Lifelong Learning, asking for a review of ‘The Parent’s Charter’.”

The Council resolved:-

to refer the motion to the Education, Culture and Sport Committee.

“That Aberdeen City Council writes to Mike Russell, the Cabinet Secretary for Education and Lifelong Learning, requesting that a member of the National Parent Forum of Scotland be appointed to the McCormac Committee reviewing the McCrone deal.”

Councillor Boulton, pursuant to notice, moved:-

“That Aberdeen City Council writes to Mike Russell, the Cabinet Secretary for Education and Lifelong Learning, requesting that a member of the National Parent Forum of Scotland be appointed to the McCormac Committee for reviewing the McCrone deal.”

The Council resolved:-

to approve the motion.

“That Aberdeen City Council makes an official approach to the bus companies serving Aberdeen to negotiate a more appropriate fare structure for pupils still in full time education – raising the age at which children start paying an adult fare when still at school.”

Councillor Boulton, pursuant to notice, moved:-

“That Aberdeen City Council makes an official approach to the bus companies serving Aberdeen to negotiate a more appropriate fare structure for pupils still in full time education - raising the age at which children start paying an adult fare when still at school.”

The Council resolved:-

to refer the motion to the Enterprise, Planning and Infrastructure Committee.

“That consideration is given to reducing the speed limit on the road from Countesswells to Kingswells due to the high level of accidents.”

Councillor Boulton, pursuant to notice, moved:-

“That consideration is given to reducing the speed limit on the road from Countesswells to Kingswells due to the high level of accidents.”

The Council resolved:-

to refer the motion to the Enterprise, Planning and Infrastructure Committee.

In accordance with the decision recorded under Article 4 of this minute, the following items of business were considered with the press and public excluded.

With reference to Article 17 of the minute of its meeting of 15^th December 2010, the Council had before it a report by the Director of Education, Culture and Sport which sought approval to appoint Mr Anthony Dawson to the Board of Sport Aberdeen.

The report reminded members that six candidates had been appointed to the Board following interviews in October 2010, and detailed Mr Dawson’s credentials as a proposed additional candidate.

The Council resolved:-

to approve the appointment of Mr Anthony Dawson to the Board of Sport Aberdeen.

With reference to Article 35 of the minute of meeting of the Finance and Resources Committee of 2^nd December 2010, the Council had before it a report by the Director of Enterprise, Planning and Infrastructure.

The report explained why it was imperative that no details of the report be made public at this point.

The Council resolved:-

to approve the recommendations contained within the report.

With reference to Article 45 of the minute of meeting of the Finance and Resources Committee of 1^st February 2011, the Committee had before it, by way of remit, a report by the Director of Enterprise, Planning and Infrastructure which advised of the current situation in relation to the lease of the property at 132 Wellington Road, and suggested a way forward in this regard.

The Finance and Resources Committee had resolved to defer consideration of the report to the meeting this day in order that the State Aid implications could be fully investigated by officers, and that the Council be advised of the outcome of these investigations in order for a decision to be taken.

There was circulated an additional paper which had been prepared by the Head of Legal and Democratic Services which addressed the issues that had been raised by the Finance and Resources Committee in regard to State Aid.

The Council resolved:-

(i)                 to approve the extension of the existing lease to Glencraft (Aberdeen) Limited for a period of one year from 1^st April 2011 at a rent of £10,000 per month (or £120,000 per annum);

(ii)               that the tenant be advised that the lease should end at 31^st March 2012 and the Council should recover vacant possession from that date; and

(iii)             to instruct the Head of Asset Management and Operations to market the premises with a view to finding another tenant or disposing of the Council’s interest as soon as possible after 1^st April 2012.

With reference to Article 41 of the minute of meeting of the Finance and Resources Committee of 1^st February 2011, the Council had before it, by way of remit, a report by the Director of Enterprise, Planning and Infrastructure which advised that the charity Inspire wished to renounce four leases they had with the Council prior to the natural termination dates. The report explained that Inspire had relocated residents of the four group homes (the four properties in question), further to a redevelopment programme.

The report advised as to the background of the request; detailed the financial implications for the Social Care and Wellbeing Service of agreeing to the request; set out a number of options for the Finance and Resources Committee; and provided an officer recommendation in that regard. It was noted that the Council would consider declaring the properties (namely 12 Devanha Gardens West, 30 Springfield Avenue, 29 Redmoss Avenue and 20A Loirston Road, Cove) surplus to the requirements of the Social Care and Wellbeing Service.

The Finance and Resources Committee had resolved:-

(i)         to approve Inspire’s request that the leases for the properties at 12 Devanha Gardens West, 30 Springfield Avenue, 29 Redmoss Avenue and
20A Loirston Road, Cove, be renounced as soon as possible, at which date Inspire’s legal liability for property costs would end, but on the condition that before the Council formally concludes the lease renunciations, Inspire settle any outstanding dilapidation liability in terms of the four leases;

(ii)        to instruct that the Head of Legal and Democratic Services formally conclude the renunciation of the four property leases, on terms and conditions as are necessary to protect the Council’s interests; and

(iii)       to instruct officers to investigate ways of improving the process for declaring properties surplus to Service requirements and disposing of them, and to report back on this in due course. 

The Council resolved:-

(i)                 to declare the four properties in question surplus to the requirements of the Social Care and Wellbeing Service; and

(ii)               to otherwise note the decision of the Finance and Resources Committee.

- PETER STEPHEN, Lord Provost.