Agenda and minutes

The agenda and reports associated with this minute can be found at:-

http://committees.aberdeencity.gov.uk/ieListDocuments.aspx?CId=122&MId=2395&Ver=4

The Council received an update from the Head of Asset Management and Operations in regard to problems that had been encountered at Marischal College the previous day due to a fault with the water supply. The fault had been identified and a temporary fix made pending the arrival of a part required for a permanent repair - in the meantime staff would be able to return to work as usual.

The Council resolved:-

to note the update.

Councillor McCaig congratulated Councillor Blackman (nee West) on her recent marriage and wished her and her family well for the future

The Council resolved:-

to concur with Councillor McCaig’s remarks.

The Lord Provost advised that the above report by the Director of Social Care and Wellbeing had been withdrawn from the agenda and would be considered by the Social Care and Wellbeing Committee on 2^nd February 2012.

The Council resolved:-

to note the position.

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

7.         Strategic European Hydrogen Transport Projects - 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 item 7 (Article 10 of this minute refers) so as to avoid disclosure of exempt information of the class described in paragraph 6 of Schedule 7(A) of the Act.

The Council had before it, in accordance with Standing Order 10(1), the following requests for deputations, all in relation to the report on the City Garden Project:-

Ms Suzanne Kelly

Mr Mike Shepherd, Friends of Union Terrace Gardens

Just Imagine!

Mr John Michie, Aberdeen City Centre Association

Aberdeen City Gardens Trust

Mr David Henderson

The Council resolved:-

to accept the requests, and to hear the deputations immediately prior to the report being considered.

A presentation by the architects of the proposed City Garden Project design will be delivered as part of this item

(A)       In terms of Standing Order 10(2), the Council received a deputation from Ms Suzanne Kelly.

Ms Kelly stated that in the interests of democracy, transparency and consultation with the people of Aberdeen, she was asking the Council to vote against any motion this day which would prematurely progress the City Garden Project, and that any decision be postponed until the following basic conditions had been met:-

• The public referendum has taken place and the majority of the public support the Granite Web;
• The local government elections have taken place in May; and
• Sufficient time has passed for the public and Councillors to properly consider the PricewaterhouseCoopers report.

Ms Kelly requested that before any further progress or expenditure on the City Garden Project, the Council should arrange for the following to be provided for public consideration:- (1) a report on legal protection accorded to Common Good land and acknowledgement of the fact that Union Terrace Gardens is Common Good land; (2) detailed costings for the project design to be implemented; (3) full architectural drawings to scale; and (4) an environmental impact assessment.

Ms Kelly concluded that to take any action moving such an impossible and undesirable scheme forward before a referendum and before the May elections, would undermine any transparency, democracy, inclusion or consultation the Council claimed existed. Ms Kelly urged members not to proceed with the project, and to vote to retain Union Terrace Gardens when they received their ballot papers in the referendum.

Members asked questions of Ms Kelly and thanked her for her contribution.

(B)       The Council then received a deputation from Mr Mike Shepherd of Friends of Union Terrace Gardens.

Mr Shepherd referred to the ninth recommendation within the report, and advised that he had made an official complaint to the Council that officers were recommending progression of the project before the outcome of the referendum was known, which gave the impression the Council was telling the public how it wanted them to vote.

Mr Shepherd also referred to the sixth recommendation within the report, highlighting that another £300,000 of Council funding was being requested for the project, in addition to the money required for the Council’s share of the cost of the referendum, which was in total contrast to previous promises that the Council would not be required to contribute any money towards the project.

Mr Shepherd stated that the Tax Incremental Funding (TIF) Business Case was seriously flawed, and questioned a number of statements and figures contained within it, which he felt were totally spurious and based upon very loose assumptions.

Members asked questions of Mr Shepherd and thanked him for his contribution.

(C)       The Council next received a deputation from Mr John Shewell of Just Imagine!

Mr Shewell acknowledged that the City Garden Project had been divisive, however he underlined that Aberdeen needed to change to survive. He called on the elected members and citizens of Aberdeen to imagine the long term future of the city when making their decision in relation  ...  view the full minutes text for item 6.

The Council had before it a report by the Director of Enterprise, Planning and Infrastructure which presented the Examination Report on the Aberdeen Local Development Plan, the table of modifications arising from the report and the Aberdeen Local Development Plan, as modified, for adoption.

The report recommended:-

that the Council -

(a)              note the Examination Report on the Aberdeen Local Development Plan;

(b)              approve the modifications made to the Plan, as set out in Appendix 1 to the report, and any minor drafting changes;

(c)               notify Scottish Ministers of the Council’s intention to adopt the Aberdeen Local Development Plan as modified, unless directed otherwise by them; and

(d)              adopt the Aberdeen Local Development Plan with effect from 29^th February 2012, unless directed otherwise by Scottish Ministers and following completion of the statutory procedure as set out in Appendix 7 to the report.

Councillor Dean moved, seconded by Councillor Corall:-

            That the Council approve the recommendations contained within the report.

Councillor Farquharson moved as an amendment:-

That the Council accept recommendations (a), (b) and (c) contained within the report but amend (d) to read as follows:-

(d)       adopt the Aberdeen Local Development Plan with effect from 29^th February 2012, unless directed otherwise by Scottish Ministers and following completion of the statutory procedure as set out in Appendix 7 to the report, subject to ensuring that all major associated infrastructure requirements related to new developments have been put in place before the development adversely affects the area in question. This action is indicated as necessary by the Risk Assessment section of the Local Development Plan Risk Register - July 2010.

Following advice from officers that the Local Development Plan could not be adopted and amended at the same time, the Lord Provost ruled Councillor Farquharson’s amendment incompetent in terms of Standing Order 18(1)(iii).

Councillor Reynolds moved as an amendment:-

That the Council:-

(a)        approve the recommendations contained within the report subject to the removal of the allocation of properties from OP12 Grandhome, namely 2,600 (2007-2016), 2,100 (2017-2023) and 2,300 (2024-2030) totalling 7,000, and reallocate to Clinterty with the same phasing, and instruct officers to report back as a matter of urgency on alternative locations for the balance; and

(b)        agree to insert as a development opportunity the land on Denmore Road, currently used as playing fields.

On the basis of the advice from officers, as outlined above, the Lord Provost ruled Councillor Reynolds’ amendment incompetent in terms of Standing Order 18(1)(iii). Councillor Reynolds then intimated that he wished to alter his amendment and this was accepted.

Councillor Reynolds moved as an amendment, seconded by Councillor Leslie:-

            That the Council does not adopt the Aberdeen Local Development Plan.

On a division, there voted:-

For the motion  (34)  -  Lord Provost Peter Stephen; Depute Provost Cormie; and Councillors Adam, Allan, Blackman, Collie, Cooney, Corall, Cormack, Crockett, Dean, Donnelly, Dunbar, Hunter, Ironside, Jaffrey, Kiddie, Laing, MacGregor, McCaig, McDonald MSP, Malone, May, Milne, Noble, Penny, Robertson, Jennifer  ...  view the full minutes text for item 7.

The Council had before it a report by the Director of Corporate Governance which appended the inspection report and supplementary letter from the Office of the Surveillance Commissioner (OSC) on the Council’s compliance with its powers under the Regulation of Investigatory Powers (Scotland) Act 2000, and provided an update on progress in regard to the recommendations contained within the report.

The report recommended:-

that the Council -

(a)              note the content of the report; and

(b)              accept the recommendations contained within paragraph 37 of the report, having regard to the action plan set out in Appendix 2 to the report.

The Council resolved:-

(i)                 to approve the recommendations; and

(ii)               to request officers to report back on the matter to the Audit and Risk Committee within six months.

The Council had before it correspondence from Councillor John Stewart intimating his resignation as Depute Leader of the Council and Convener of the Finance and Resources Committee with effect from 10^th February 2012.

The Council resolved:-

(i)                 to appoint Councillor Malone as Depute Leader of the Council, with effect from 10^th February 2012; and

(ii)               to appoint Councillor Yuill as Convener of the Finance and Resources Committee, with effect from 10^th February 2012.

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

With reference to Article 11 of the minute of meeting of the Enterprise, Planning and Infrastructure Committee of 15^th November 2011, the Council had before it a report by the Director of Enterprise, Planning and Infrastructure which sought agreement for the Council to participate in various strategic European hydrogen transport projects.

The report recommended:-

that members approve the Council’s participation in the High V.Lo City and HyTransit (funded under the EU’s FP7 programme) projects, and the two projects funded under the EU Interreg IVB programme, the HyTrEc Project and LOWCAP Cluster project, subject to:-

(a)               securing sufficient additional funding from other partners (including the EU) to cover 90% of the total project costs;

(b)               inclusion in the draft Non Housing Capital Plan for 2012/13 - 2017/18, and approval by the Council at the budget meeting on 9^th February 2012; and

(c)               advice from appropriate officers and/or experts on elements of the Council’s involvement with the project, including contractual issues, procurement, design and planning.

The Council resolved:-

(i)                 to approve the recommendations contained within the report; and

(ii)               to request officers to issue an immediate press release regarding the decision.

- PETER STEPHEN, Lord Provost.