Agenda, decisions and minutes

The Lord Provost advised that the meeting was being filmed for live and subsequent broadcast via the Council’s website as a webcasting trial, and that all of the public part of the meeting was planned to be filmed for this purpose.

Councillor Laing confirmed that the Council had been successful in securing a grant of £10million from the Heritage Lottery Fund for the Aberdeen Art Gallery redevelopment programme.  She explained that the Council had already committed £10million towards the overall cost of the project, and had agreed to underwrite a fundraising campaign for the remaining £10million which was needed.  She emphasised that the redevelopment programme was very ambitious and urged organisations, businesses and individuals to invest in the much-loved Art Gallery and the wider project for the good of the city.

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:-

            8(a)     Former Summerhill Academy Site

            8(b)     Minute of Meeting of Social Work Complaints Review Committee

            8(c)     Referral from Finance, Policy and Resources Committee - Disposal of Former Victoria Road School

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 22 to 24 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 following requests for deputations which had been received.

·        Dr Lorna McHattie - in connection with the planning application for the former St Nicholas House site

·       Torry Heritage Group - in connection with the referral from the Finance, Policy and Resources Committee on the disposal of the former Victoria Road School.

The Council resolved:-

(i)        to refuse the request from Dr Lorna McHattie, as it was not competent in terms of Standing Order 10(1) on the basis that it related to a planning application; and

(ii)        to accept the request from the Torry Heritage Group, and to hear the deputation as the first main item of business on the agenda.

The Council had before it the minute of meeting of Aberdeen City Council of
20 August 2014.

The Council resolved:-

to approve the minute.

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:-

to note the business statement.

The Council had before it a list of outstanding motions which had been prepared by the Head of Legal and Democratic Services.

The Council resolved:-

to note the motions list.

The Council had before it the minutes of meetings of the City Centre Regeneration Board of 23 July and 15 September 2014.

The Council resolved:-

to note the minutes.

The Council had before it the minute of the final meeting of the Homelessness Strategy Working Group of 9 September 2014.

The Council resolved:-

to approve the minute.

DECLARATIONS OF INTERESTS

Prior to consideration of the following item of business, Councillors Delaney, McCaig and Young declared interests in the subject matter and withdrew from the meeting.

The Council was addressed by Mr John Main, Mrs Irene Milne and Mr Bob Gibb on behalf of the Torry Heritage Group.

Mr Main spoke of the Torry Heritage Group’s aspiration to retain the former Victoria Road School building, highlighted its importance to Torry’s heritage and provided an overview of its history.  Mr Main had earlier submitted a petition of approximately 2,300 signatures in support of retaining the building.

Mrs Milne also expressed the importance of the building to Torry’s heritage and explained that in her opinion Victoria Road School was as important to Torry as Marischal College was to Aberdeen.

Mr Gibb highlighted that although Historic Scotland had not considered the building as meeting the conditions for a listed building, it had stated that the building made a contribution to the sense of place.  He also referred to the Aberdeen Local Development Plan Policy D4 - Aberdeen's Granite Heritage - which encouraged the retention of granite buildings throughout the city, even if they were not listed or in a Conservation Area.  Finally, he proposed potential uses for the building should it be retained in the community.

Members asked questions of Mr Main, Mrs Milne and Mr Gibb and thanked them for their contribution.

The Council resolved:-

to note that the relevant report would be considered later in the meeting (Article 24 of this minute refers).

With reference to Article 2 of the minute of meeting of the Planning Development Management Committee of 21 August 2014, which had been referred to it for consideration by five members of the Committee, the Council had before it (1) a report by the Head of Planning and Sustainable Development in response to the application for a residential-led mixed use development, including approximately 3,000 homes, employment, education, retail, leisure and community uses and associated new and upgraded access roads, landscaping and ancillary engineering works in respect of Aberdeen Local Development Plan Site OP58 - Countesswells, lying west of Hazlehead Park; and (2) the decision of the Committee - to approve the application in accordance with the recommendation contained within the report.

The report recommended:-

that the Committee express a willingness to approve the application but to withhold the issue of the consent document until the applicant had entered into a legal agreement with the Council to address the following matters:- the provision of 25% affordable housing on site in accordance with the Development Framework and including a range of delivery options, including contributions towards a gypsy traveller halting site; developer contributions towards primary education provision (one two stream and one three stream school) and a new secondary school plus serviced land for the foregoing; developer contributions towards community facilities, library, sports provision, playing fields and healthcare; developer contributions towards the Strategic Transport Fund; developer contributions towards mitigation on the local roads network together with the provision of mitigating infrastructure if necessary, following analysis of:- existing and proposed junctions along Lang Stracht; Queens Road/Kings Gate; Springfield Road / Countesswells Road; Kirk Brae / A93 North Deeside Road; and Friarsfield Road / Kirk Brae; and developer contributions towards the Core Paths Network, subject to the following conditions:-

(1)  That no development shall be undertaken in any phase unless a detailed phasing programme outlining the delivery of buildings, open space and roads infrastructure across the entire application site has been submitted to, and approved in writing by the planning authority via a formal 'Matters Specified in Conditions' (MSC) application; (2) That no development in connection with each respective block of the planning permission hereby approved shall take place until full details of the siting, design, external appearance and landscaping within the relevant phase of the development and the means of access serving the relevant block of development have been submitted to and approved in writing by the planning authority.  The development shall then be implemented in complete accordance with the approved details, or those subsequently approved.  Depending on the block, and unless otherwise agreed in writing with the planning authority, the MSC applications shall include (a) a detailed levels survey of the site and cross sections showing proposed finished ground and floor levels relative to existing ground levels and a fixed datum point within the relevant block of development; (b) a detailed drainage plan for the relevant block of development, including full details of the proposed means of disposal of surface water from  ...  view the full minutes text for item 11.

In terms of Standing Order 15(6), the Depute Provost and Councillors Boulton, Delaney, Finlayson, Greig, Malone, Jennifer Stewart and Thomson intimated their dissent against the foregoing decision.

Mixed use development including office, hotel, retail, restaurant, leisure, civic space including car parking, access, landscaping, infrastructure and public realm improvements

·         Minute of meeting of Planning Development Management Committee of 28 August 2014

The Council had before it a report by the Head of Planning and Sustainable Development which recommended:-

That the Council express a willingness to approve the application for planning permission for a mixed use development including office, hotel, retail, restaurant, leisure and civic space, including car parking, access, landscaping, infrastructure and public realm improvements at the former St Nicholas House site, subject to conclusion of a planning agreement to secure appropriate financial contributions towards the Council’s Strategic Transport Fund, and also subject to the following conditions:-

(1)  That no part of the development hereby approved shall be occupied or brought into use until such time as a 'service vehicles only' zone and associated resurfacing have been implemented around the junction of Flourmill Lane, Netherkirkgate, the development car park entrance and the exit out onto Broad Street, in accordance with a drawing submitted to and approved in writing by the planning authority, in consultation with the Council's roads projects team;  (2)  That the development hereby granted planning permission shall not be occupied unless the cycle storage facilities as shown on the approved drawings, or others subsequently approved in writing by the planning authority, have been provided; (3) That no part of the development hereby approved shall be occupied or brought into use until such time as a scheme for the allocation of car parking to respective uses based on their floorspace has been submitted to and agreed in writing by the planning authority, in consultation with the Council's Roads Projects Team; (4) That no development pursuant to this grant of planning permission shall be undertaken until a revised Framework Travel Plan, which takes into account all users/occupiers and includes the production of sample Travel Packs for the distinct user/occupier groups and the identification of mode share targets for the different users, along with aims and objectives for each; (5)  That hotel and office uses shall not be brought into use until such time as an individual Travel Plan for each occupier has been submitted to and approved in writing by the planning authority, based on the Travel Plan Framework referred to in condition 4 and including a Travel Pack for employees and (for the hotel) guests.  Retail and restaurant units may not be occupied until such time as a Travel Pack, submitted to and approved in writing by the planning authority, has been produced and distributed to staff, based on that produced for hotel staff; (6)  That no development pursuant to this grant of planning permission shall be undertaken until such time as a dust management plan, detailing dust mitigation measures and controls, responsibilities and any proposed monitoring regime, has been submitted to and approved in writing by the planning authority, in consultation with the Council's Environmental Health officers.  Thereafter, works shall be carried out in full accordance with the agreed dust management plan, unless otherwise agreed in writing by the planning authority; (7) No development shall take place within the area indicated (in this case the area of the whole  ...  view the full minutes text for item 12.

With reference to Article 6 of the minute of its meeting of 20 August 2014, the Council had before it a report by the Chief Executive which addressed the necessary changes to the suite of governance documents following approval of the new management and committee structures.

The report recommended:-

that the Council -

(a)          approve the revised Standing Orders at appendix A to the report;

(b)          approve the revised Scheme of Delegation at appendix B to the report, and authorise the Chief Executive to make any amendment necessary arising from the allocation of functions under the continuing structural review;

(c)          note that legislation which would require to be reflected in revisions to the Standing Orders on Contracts and Procurement was expected during 2015 and that a report would be submitted thereafter;

(d)          approve the revised Financial Regulations at appendix C to the report;

(e)          note the revisions to the report template to reflect the need for report authors to undertake privacy impact assessments where appropriate and to consider whether projects or contracts offered scope for joint working with partners;

(f)           suspend Standing Order 22(1) and amend the name of the City Centre Regeneration Board to the City Centre Regeneration Working Group;

(g)          agree that all external members of Council committees, sub committees and working groups be required to adhere to the principles of the Councillors’ Code of Conduct; and

(h)          suspend Standing Order 22(1) and transfer the remit to consider and approve the Council’s annual report and accounts to the Audit, Risk and Scrutiny Committee on the basis that copies would be sent to all members for information after approval.

The Council resolved:-

to approve the recommendations.

The Council had before it a report by the Chief Executive which proposed changes to previously agreed appointments.

The report recommended:-

that the Council -

(a)          agree that the Council’s representation on the Aberdeen International Airport Consultative Committee be reduced to three members - Councillor Laing plus one Administration local member and one opposition local member;

(b)          agree that Councillor Donnelly replace Councillor Milne as the Council’s representative on KIMO;

(c)          agree that Councillor Grant replace Councillor Taylor as one of the Council’s representatives on NESTRANS and that Councillor Laing replace Councillor Crockett as a substitute representative on NESTRANS;

(d)          agree that Councillor Jean Morrison replace Councillor Taylor as one of the Council’s representatives on the Strategic Development Planning Authority;

(e)          agree that Councillor Laing replace Councillor Crockett as one of the Council’s representatives on Visit Aberdeen Destination Marketing Organisation; and

(f)           note that Councillors Laing and Young had replaced Councillors Grant and Nathan Morrison on the Electoral Boundaries Working Group.

The Council resolved:-

(i)            to approve recommendations (b), (e) and (f);

(ii)          to request the Council Leader to write to the Aberdeen International Airport Consultative Committee requesting that they reconsider the proposal to reduce the number of Council members;

(iii)         that Councillor Grant replace Councillor Taylor as a representative on NESTRANS, with Councillors Graham and Laing replacing Councillors Boulton and Crockett as substitute members respectively;

(iv)         that Councillor Grant replace Councillor Taylor as a representative on the Strategic Development Planning Authority, with Councillors Jean Morrison and Taylor replacing Councillors Boulton and Grant as substitute members respectively;

(v)          that Councillors Donnelly and Young replace Councillors Forsyth and Boulton respectively as representatives on the Transitional Leadership Group for integration, with Councillor Graham replacing Councillor Donnelly as a substitute member;

(vi)         that Councillor Taylor replace Councillor Laing as a member of the Aberdeen Endowments Trust;

(vii)        that Councillor Nathan Morrison replace Councillor Taylor as a representative on Aberdeen Citizens Advice Bureau;

(viii)      to invite the opposition groups to appoint two elected members as representatives on Aberdeen International Youth Festival to replace Councillors Jennifer Stewart and Townson; and

(ix)         that Councillor Grant replace Councillor Thomson as the Council’s Cycling Champion.

With reference to Article 10 of the minute of meeting of the Finance, Policy and Resources Committee of 30 September 2014, the Council had before it, by way of remit, a report by the Acting Director of Corporate Governance which provided an update on the treasury management activities undertaken during the 2013/14 financial year.

The Finance, Policy and Resources Committee recommended that the Council:-

note the treasury management activities undertaken in 2013/14 as detailed in the report.

The Council resolved:-

to approve the recommendation.

The Council had before it a report by the Transitional Director - Social Care and Wellbeing - which presented the first annual report for Bon Accord Care Ltd for the period 1 August 2013 to 31 July 2014.

The report recommended:-

that the Council agree to receive each annual report from Bon Accord Care Ltd.

Members asked a number of questions of the Transitional Director - Social Care and Wellbeing, and Ms Sandra Ross, Managing Director of Bon Accord Care Ltd, in connection with the annual report.  In particular, questions and areas of concern related to:- financial performance for 2013/14 and the absence of projected figures for 2014/15; the lack of regular monitoring reports to elected members; shift patterns; sickness absence rates of staff; savings and efficiency measures; service shortfalls and related financial penalties; and invoicing and billing arrangements.

The Council resolved:-

(i)         to approve the recommendation; and

(ii)        otherwise to note the Bon Accord Care Ltd annual report for 1 August 2013 to 31 July 2014.

The Council had before it a report by the Transitional Director - Social Care and Wellbeing - on behalf of the Transitional Leadership Group (TLG) for integration, which presented the proposed remit of the Shadow Integration Joint Board to be established to take forward preparations for the integration of adult health and social care from 1 April 2015.

The TLG recommended:-

that the Council –

(a)          approve the proposed remit of the Shadow Integration Joint Board at appendix A to the report;

(b)          note the appointment of the Chief Officer, Judith Proctor; and

(c)          suspend Standing Order 22(1) and agree that the TLG would transition to the Shadow Integration Joint Board when the Chief Officer was in post, at a time deemed appropriate by the TLG and within timescales that ensured legal requirements for integration were met.

The Council resolved:-

(i)         to approve the recommendations; and

(ii)        to note the scope of services and the integrated budget would be defined in the integration scheme which was still to be approved by the Council and NHS Grampian.

With reference to Article 7 of the minute of its meeting of 20 August 2014, the Council had before it a report by the Acting Director of Corporate Governance which provided an update on progress on the proposed byelaw to prohibit camping in designated places.

The report recommended:-

that the Council note the report.

The Council resolved:-

to approve the recommendation.

With reference to Article 10 of the minute of its meeting of 20 August 2014, the Council had before it a report by the Chief Executive which addressed the notice of motion by Councillor Thomson in relation to the Local Authority Community Covenant, and indicated the next steps to be taken on the matters raised.

The report recommended:-

that the Council note the report.

The Council resolved:-

to approve the recommendation.

With reference to Article 1 of the minute of meeting of the Audit and Risk Committee of 25 September 2014, the Council had before it a report by the Acting Director of Corporate Governance which presented the final signed audited financial statements for the financial year 2013/14 for the Council and its Charitable Trusts.

The report recommended:-

that the Council note the report and the associated financial statements.

(i)            to note the report and approve the associated financial statements for its interest; and

(ii)          to thank the team involved in the preparation of the financial statements for their excellent work.

"That Council requests officers to investigate options for and the installation of a cash machine within Marischal College, for use by staff and members of the public.”

The Council had before it the following notice of motion by Councillor Reynolds:-

“That Council requests offices to investigate options for and the installation of a cash machine within Marischal College, for use by staff and members of the public.”

The Council resolved:-

(i)           to suspend Standing Order 21(4) to enable the motion to be considered in the absence of Councillor Reynolds; and

(ii)          to refer the motion to the Communities, Housing and Infrastructure Committee and instruct officers to submit a report.

In accordance with the decision recorded under Article 3 of this minute, the following items were considered with the press and public excluded.

With reference to Article 11 of the minute of its meeting of 20 August 2014, the Council had before it a report by the Director of Communities, Housing and Infrastructure which provided an update on the former Summerhill Academy site and indicated a range of options to be considered in relation to the future development of the site.

The report recommended:-

that the Council -

(a)          allocate the former Summerhill Academy site as a development site for the delivery of affordable houses through the Council’s Strategic Infrastructure Plan (SIP) affordable housing project;

(b)          agree that the site be treated as an early action site with appropriate technical feasibility work and statutory consent applications being advanced by the Council during the procurement process for a development partner;

(c)          agree to transfer the site to the development Joint Venture project when the necessary legal agreements were in place; and

(d)          agree that the site be identified as a site for mid market rented properties (100%).

Councillor Laing moved, seconded by Councillor Boulton:-

That the Council -

(1)      approve the recommendations contained within the report;

(2)      agree the principle of developing Council housing on the former Smithfield Primary School site and Manor Walk; and

(3)      instruct officers to report to the Finance, Policy and Resources Committee on 4 December 2014 on the detail of the Smithfield Primary School site and Manor Walk proposals and the process for their development.

Councillor Delaney moved as an amendment, seconded by Councillor Malone:-

That the Council -

(1)      instruct as a matter of urgency a full technical evaluation of all options using the established formal review mechanism to ensure they are robustly tested prior to consideration by Council and include the fullest possible information for consideration by members;

(2)      instruct that further consideration be given to addressing social housing need as part of that process;

(3)      instruct an analysis of predicted school rolls for the area leading to a detailed strategy to mitigate or manage any identified lack of capacity;

(4)      instruct a further report to Council at the earliest possible date upon completion of that review;

(5)      agree the principle of developing Council housing on the former Smithfield Primary School site and Manor Walk; and

(6)      instruct officers to report to the Finance, Policy and Resources Committee on 4 December 2014 on the detail of the Smithfield Primary School site and Manor Walk proposals and the process for their development.

Councillor Cameron moved as a further amendment, seconded by Councillor Dickson:-

That the Council -

(1)      approve the recommendations contained within the report, with the exception of recommendation (d), whereby 50% of the site be identified for mid market rented properties, with 25% private housing and 25% social housing;

(2)      agree the principle of developing Council housing on the former Smithfield Primary School site and Manor Walk; and

(3)      instruct officers to report to the Finance, Policy and Resources Committee on 4 December 2014 on the detail of the Smithfield Primary School site and Manor Walk  ...  view the full minutes text for item 22.

The Council had before it the minute of meeting of the Social Work Complaints Review Committee of 10 September 2014, and a foreword by the Transitional Director - Social Care and Wellbeing which set out the actions to be taken to respond to the recommendations.

The Council resolved:-

(i)            to approve the recommendations; and

(ii)          otherwise to note the Director’s comments in the foreword.

DECLARATIONS OF INTEREST

Prior to consideration of the following item of business, Councillors Delaney and Young declared interests in the subject matter and withdrew from the meeting.

With reference to Article 32 of the minute of meeting of the Finance, Policy and Resources Committee of 30 September 2014, which had been referred to it for consideration by five members of the Committee, the Council had before it (1) a report by the Director of Communities, Housing and Infrastructure which (a) advised of the outcome of marketing activities in relation to the surplus property known as the former Victoria Road School and the offers subsequently received; and (b) highlighted the outcome of a listing proposal submitted by a third party to Historic Scotland; and (2) the decision of the Committee - to approve the recommendations contained within the report.

The report recommended:-

that the Committee -

(a)          accept the offer submitted by Raeburn Christie Clark and Wallace, on behalf of BDW Trading Ltd;

(b)          instruct the Head of Legal and Democratic Services to conclude missives for the sale of the property incorporating various qualifications as were necessary to protect the Council’s interests; and

(c)          agree that a sum of £125,000 be earmarked for the necessary asset base and startup costs to be put in place for the new South of the City transportation of children costs.

The Council also had before it a paper by the Torry Heritage Group in furtherance of their deputation, which was heard under Article 10 of this minute.

Councillor Thomson moved, seconded by Councillor Crockett:-

That the Council reaffirm the decision of the Finance, Policy and Resources Committee.

Councillor Noble moved as an amendment, seconded by Councillor Dickson:-

That the Council -

(1)      note the outcome of the marketing exercise;

(2)      reject all of the offers received; and

(3)      instruct officers to work with the Torry Development Trust and others to retain the building as part of a community asset transfer and to report back to Council with a business plan.

On a division, there voted:-

For the motion  (19)  -  Lord Provost; Depute Provost; and Councillors Boulton, Carle, Cooney, Crockett, Donnelly, Lesley Dunbar, Forsyth, Graham, Grant, Ironside, Laing, Lawrence, Malik, Milne, Nathan Morrison, Taylor and Thomson.

For the amendment  (14)  -  Councillors Blackman, Cameron, Cormie, Dickson, Jackie Dunbar, Greig, Jaffrey, Kiddie, Malone, Noble, Samarai, Sandy Stuart, Townson and Yuill.

Declined to vote  (2)  -  Councillors Allan and Finlayson.

Absent from the division  (6)  -  Councillors Delaney, McCaig, May, Jean Morrison, Jennifer Stewart and Young.

The Council resolved:-

to adopt the motion. 

- GEORGE ADAM, Lord Provost.