Agenda, decisions and minutes

Following interventions by Councillor Mrs Stewart and Councillor Tissera, the Lord Provost apologised to Councillor Mrs Stewart and Councillor Tissera and anyone else in the Chamber who felt he had not treated them fairly. The Lord Provost stated that they had his assurance he would ensure that everyone would be treated fairly and listened to going forward.

The Council had before it a notice of motion by Councillor Kusznir in the following terms:-

That the Council:

(a)  Notes the decision of Full Council on 1 March 2023 to terminate the agreement with SISTEMA Scotland, who deliver Big Noise Torry in partnership with Aberdeen City Council, following a reduction in Aberdeen City Council’s contribution by £738,000;

(b)  Further notes that Sistema Scotland’s budget was protected by the previous Administration in their 2022-23 Budget, following the extension of the partnership for 6 years from 2020;

(c)  Acknowledges the funding announced by Neil Gray, Minister for Culture, Europe and International Development to be provided to Sistema Scotland by the Scottish Government, which should protect Big Noise Torry;

(d)  Believes that Big Noise Torry is about much more than music. Music is a tool that is utilised to deliver early intervention and improve life chances. The Council recognising this in 2013, when it first approached Sistema Scotland to delivery Big Noise Torry, said “that Sistema Scotland’s operation will be an integral aspect of the City Council’s regeneration work in Torry”;

(e)  Notes that the decision to cut Sistema Scotland’s funding was supported by the following Aberdeen City Councillors:

a.    SNP: Gill Al-Samarai; Christian Allard, Torry/Ferryhill; Alison Alphonse; David Cameron; Hazel Cameron; Donna Clark; John Cooke; Neil Copland; Bill Cormie; Derek Davidson; Lee Fairfull, Torry/Ferryhill; Dell Henrickson; Michael Hutchison; Neil MacGregor; Alexander McLellan; Ciarán McRae; Jessica Mennie; Alex Nicoll; Miranda Radley; and Kairin van Sweeden; and

b.    Liberal Democrat: Desmond Bouse; Steve Delaney; Martin Greig; and Ian Yuill.

(f)   Further notes that these same Councillors unanimously supported a Notice of Motion on 14 December 2022 by Cllr Kusznir congratulating Big Noise Torry on their side-by-side concert with the Royal Scottish National Orchestra;

(g)  Is aware of the previous support, during his time as a Member of the Scottish Parliament, for Sistema Scotland and Big Noise Torry from Cllr Christian Allard where he tabled a parliamentary Motion on 30 June 2015 which said:

That the Parliament recognises what it considers the crucial work that Sistema Scotland does by inspiring young people to get involved in symphony orchestras as well as the huge social benefits in doing so; notes the broad age range who benefit from this work, from nursery to secondary school pupils; commends the launch of a new Big Noise orchestra centre in Torry in Aberdeen; considers that this will have a positive social impact for the local community, and encourages the formation of more organisations that aim to include young people in creative activities, bringing recreational and social fulfilment.

(h)  Further notes Cllr Christian Allard’s comments during the Budget debate on 1 March 2023 when he said that Big Noise Torry has had “no impact whatsoever”;

(i)    Condemns Cllr Christian Allard for his perceived rank hypocrisy as Convener of the Anti-Poverty and Inequality Committee for voting to remove the funding of an integral aspect of the City Council’s regeneration work in Torry;

(j)    Can no longer support Cllr  ...  view the full minutes text for item 2.

At this juncture, the Lord Provost advised that he would be bringing forward agenda item 11.4 (Notice of Motion by Councillor Crockett) to be considered immediately prior to agenda item 10.1 (Committee Places)

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:-

          12.2    Workplan and Business Cases - Revenue - exempt appendices

The Council resolved:-

in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, to exclude the press and public from the meeting during consideration of item 12.2 so as to avoid disclosure of exempt information of the class described in paragraph 8 of Schedule 7A of the Act.

Councillor Hazel Cameron advised that she had a connection in relation to agenda item 11.8 (Notice of Motion by Councillor Macdonald) as a Council appointed member of the Board of the St Machar Parent Support Project, however having applied the objective test she did not consider that she had an interest and would not be withdrawing from the meeting.

Councillor McRae advised that he had a connection in relation to agenda item 10.3 (Beachfront Masterplan Update) by virtue of being voluntary crew with the RNLI, however having applied the objective test he did not consider that he had an interest and would not be withdrawing from the meeting.

Councillor Cooke advised that he had a connection in relation to agenda items 10.3 and 11.3 (Notice of Motion by Councillor Crockett) as an observer to the Board of Sport Aberdeen, however having applied the objective test he did not consider that he had an interest and would not be withdrawing from the meeting.

Councillor Yuill advised that had connections in relation to agenda item 10.3 by virtue of being a member of Cycling UK and also as a member of the AA (Automobile Association), however having applied the objective test he did not consider that he had an interest and would not be withdrawing from the meeting.

Councillor Fairfull advised that she had a connection in relation to agenda items 10.3 and 11.2 as a Council appointed member of the Board of Transition Extreme, however having applied the objective test she did not consider that she had an interest and would not be withdrawing from the meeting.

Councillors Allard and Macdonald advised that they had a connection in relation to agenda item 10.3 as Council appointed members of the Board of Aberdeen Heat and Power Limited, however having applied the objective test neither considered that they had an interest and they would not be withdrawing from the meeting.

Councillor Ali advised that he had a connection in relation to agenda item 10.5 (Notice of Motion by Councillor Malik) as a Trustee of Aberdeen Muslim Islamic Centre, however having applied the objective test he did not consider that he had an interest and would not be withdrawing from the meeting.

Councillor Ali advised that he had a connection in relation to agenda item 10.3 as a member of the Board of Aberdeen Heat and Power Limited, although he would soon be resigning, however having applied the objective test he did not consider that he had an interest and would not be withdrawing from the meeting.

The Council had before it the minute of meeting of Aberdeen City Council of 22 February 2023.

The Council resolved:-

to approve the minute.

The Council had before it the minute of meeting of Aberdeen City Council of 1 March 2023.

The Council resolved:-

to approve the minute.

The Council had before it the minute of special meeting of Aberdeen City Council of 27 March 2023.

The Council resolved:-

to approve the minute.

With reference to Article 6 of the minute of meeting of the Planning Development Management Committee of 9 March 2023, the Council had before it, by way of remit, a report by the Chief Officer - Strategic Place Planning which sought approval to change the constitution of the Local Review Body (LRB) following an instruction given at the Planning Development Management Committee of 12 January 2023.

The report recommended:-

that the Planning Development Management Committee -

(a)         note the options presented in the report in relation to the constitution of the LRB;

(b)         approve Option 2 as the preferred option for the constitution of the LRB; and

(c)         refer the proposed changes to the constitution of the LRB outlined in Option 2 of this report to the Full Council meeting of 26 April 2023 for formal adoption.

The Planning Development Management Committee had resolved to:-

(i)            note the options presented in the report in relation to the constitution of the LRB;

(ii)          agree the recommendations contained within option two of the report subject to the following changes: 

1.    Membership of the local review body is drawn exclusively from PDMC Members on a rota basis, and members have the dates set in their diaries.

2.    LRB Membership at any specific meeting is set at 5 members and a quorum at 3 Members.

3.    A local ward Member cannot take part in decision making at the LRB when it is considering an application in the ward that Member represents.

4.    Any substitutes to be exclusively drawn from PDMC Members and must be notified to the Committee Clerk as far as possible in advance of the meeting so that there is time to ensure that this would not result in a member from the ward as an application on the LRB.

5.    LRB to be chaired by the Convener of the PDMC, or Vice Convener or another member if they are both unavailable or are precluded from taking part in the decision making at the LRB because it is considering an application in the Member’s ward; and

(iii)         refer the proposed changes to the constitution of the LRB to the Full Council meeting of 26 April 2023 for formal adoption.

Councillor Henrickson moved, seconded by Councillor Bouse:-

That the Council approve the decision of the Planning Development Management Committee.

Councillor Boulton moved as an amendment, seconded by Councillor Farquhar:-

            That the Council approve option 2 as outlined in the report.

On a division, there voted:-

For the motion  (36)  -  Lord Provost; Depute Provost; and Councillors Al-Samarai, Ali, Allard, Alphonse, Blake, Bonsell, Bouse, Hazel Cameron, Clark, Cooke, Copland, Cormie, Crockett, Davidson, Fairfull, Graham, Grant, Greig, Henrickson, Hutchison, Lawrence, Macdonald, MacGregor, McLellan, McRae, Malik, Mennie, Nicoll, Radley, van Sweeden, Thomson, Tissera, Watson and Yuill.

For the amendment  (9)  -  Councillors Boulton, Brooks, Cross, Farquhar, Houghton, Kusznir, McLeod, Massey and Mrs Stewart.

The Council resolved:-

to adopt the motion.

The Council had before it the business planner as prepared by the Interim Chief Officer - Governance (Assurance).

The Council resolved:-

(i)           to remove item 4 (Street Occupation Policy) from the business planner;

(ii)          to transfer item 5 (Wellington Road Multimodal Corridor) to the Net Zero, Environment and Transport Committee business planner;

(iii)         to note that item 7 (Performance Management Framework) had been delayed and would be reported to the Council meeting in June 2023; and

(iv)         to otherwise note the business planner.

The Council had before it a notice of motion by Councillor Crockett in the following terms:-

            Council agrees:

1.    That it is of special importance that representation on the Pensions Committee is fully proportionate and in particular recognises that no group should have a majority on the Committee unless that group has a majority of Councillors on the Council.

2.    That Councillors should play the lead role, appropriately supported by officers, in relationships with national bodies including the Local Authority Pension Fund Forum and that Councillors should attend national meetings subject to the appropriate governance.

3.    That where any member of the committee stands for nomination to a national role they should be allowed to do so, subject to the appropriate governance, unless the Convener believes that member is incapable of carrying out the duties of the role.

4.    That the Convener and members of the committee should at all times remember the Public Sector Equality Duty and seek to encourage all committee members but particularly women and members of ethnic minority groups to take part in wider events, where appropriate.

Councillor Crockett moved, seconded by Councillor Malik:-

            That the Council approve the notice of motion.

Councillor Cooke moved as an amendment, seconded by Councillor Greig:-

            That Council:-

1)    Agrees that the composition of the Pensions Committee should be determined in line with the principles of Section 15 of the Local Government and Housing Act 1989, in line with all other council committees.

2)    Notes that the Labour Group has failed to fill all its allocated places on the Pensions Committee.

3)    Congratulates the Local Authority Pension Fund Forum (LAPFF) on its work on Environmental, Social, and Governance issues, and welcomes the continuing membership of the Forum by the North East Scotland Pension Fund (NESPF).

4)    Agrees that it is appropriate that officers from NESPF represent the Fund in relationships with LAPFF.

At this juncture, Councillor Watson advised that he had a connection in relation to the item by virtue of being joint secretary of the Scottish Local Government Pension Scheme Advisory Board, however having applied the objective test he did not consider that he had an interest and would not be withdrawing from the meeting.

Councillor Copland and the Lord Provost advised that they also had connections by virtue of receiving a local government pension, however having applied the objective test, neither considered that they had an interest and they would not be withdrawing from the meeting.

On a division, there voted:-

For the motion  (21)  -  Councillors Ali, Blake, Bonsell, Boulton, Brooks, Crockett, Cross, Farquhar, Graham, Grant, Houghton, Kusznir, Lawrence, Macdonald, McLeod, Malik, Massey, Mrs Stewart, Thomson, Tissera and Watson.

For the amendment  (24)  -  Lord Provost; Depute Provost; and Councillors Al-Samarai, Allard, Alphonse, Bouse, Hazel Cameron, Clark, Cooke, Copland, Cormie, Davidson, Fairfull, Greig, Henrickson, Hutchison, MacGregor, McLellan, McRae, Mennie, Nicoll, Radley, van Sweeden and Yuill.

The Council resolved:-

to adopt the amendment.

The Council had before it a report by the Director of Commissioning which considered the allocation of committee places following the result of the Council by election of 23 February 2023, and other committee vacancies.

The report recommended:-

that the Council -

(a)          agree that three Conservative committee places transfer to Labour, these being one place on each of the following committees - Anti-Poverty and Inequality; Net Zero, Environment and Transport; and Planning Development Management; and

(b)          determine the composition of the Pensions Committee in light of the resignation of Councillor Mrs Stewart, and other vacancies.

The Council resolved:-

(i)           to agree that three Conservative committee places transfer to Labour, these being one place on each of the following committees - Anti-Poverty and Inequality; Net Zero, Environment and Transport; and Planning Development Management;

(ii)          to agree that the Partnership would appoint the appropriate number of members to the Pensions Committee in line with the vacancies on the committee; and

(iii)         to agree that should members of the Labour group, or Independent members wish to subsequently agree to take up their vacated positions and serve on the Pensions Committee, that their nomination be brought to the appropriate meeting of Council or Urgent Business Committee to have their positions reinstated.

The Council had before it a report by the Director of Commissioning which presented procurement work plans where expenditure was included for the Commissioning and Customer functions for review and sought approval of the total estimated expenditure for the proposed contracts as contained in the procurement business cases appended to the report.

The report recommended:-

that the Council -

(a)          review the workplan as detailed in the appendices for the Commissioning and Customer functions;

(b)          approve the estimated annual expenditure for framework agreements within financial year 23/24 as detailed within the appendices;

(c)          approve the procurement business cases, including the total estimated expenditure for the proposed contracts; and

(d)          note the content of Appendix 3 - Summary of 3.10 Memos.

The Council resolved:-

to approve the recommendations.

With reference to Article 19 of the minute of its meeting of 14 December 2022, the Council had before it a report by the Director of Commissioning which provided the updated Beachfront Development Framework and presented the Outline Business Case (OBC) for the A956 Beach Boulevard Roundabout, the Strategic Outline Case (SOC) for a number of key beachfront projects which were progressing to OBC, and a Branding Strategy for the Beachfront and City Centre Masterplan projects.

Following questions to officers and the circulation of a motion from the Partnership and an amendment from the Conservative group, and an indication from the Labour group that they would also be submitting an amendment, the Lord Provost noted that it was unlikely that the Council would be able to determine the item without suspending Standing Orders to extend the length of the meeting.

The Council resolved:-

to defer consideration of the item until the Council was able to reconvene on a date to be confirmed.

The Council had before it a notice of motion by Councillor Ali in the following terms:-

This Council notes that modern slavery affects millions of people globally.

The Council notes that only parts of the Modern Slavery Act 2015 apply to Scotland, but as a public body we should uphold the highest possible ethical standards, and contribute to the elimination of this scourge on our society.

Therefore, the Council instructs the Chief Executive to report to the Communities, Housing and Public Protection Committee on the current status of the Modern Slavery Act including any proposed legislative changes and a review of what other local authorities, across the UK, and other major public institutions (e.g. universities, charities, devolved/national governments etc.) have in place and the impact thereof.

The Council resolved:-

to approve the notice of motion.

The Council had before it a notice of motion by Councillor Boulton in the following terms:-

            That the Council agrees to:

A.        (i)         Instruct the Chief Officer - Commercial and Procurement to delay the award of a construction contract until 2024/25, at the earliest, the following elements of the Beach Master Plan subject to the Full Business Cases being approved:

·         The Urban Park, Events Park and Broadhill, shifting up to £13m of Capital expenditure from 2023/24 to future years.

(ii)        Instruct the Chief Officer - Commercial and Procurement to continue to work with partners, Sport Aberdeen, Transition Extreme, Aberdeen Football Club, and the water sport clubs to attract additional funding for these elements within the Beach Master Plan.

(iii)       Instruct the Chief Officer - Commercial and Procurement to continue improvements to lighting, railings and renovate the existing play park at the Beach.

B.        Instruct the Director of Resources to focus on the delivery of projects contained within the approved city centre masterplan encouraging footfall back onto Union Street and the surrounding city centre area including Queen Street, Castlegate, Union Street East, Union Street West and to continue to work with property owners and developers to encourage the reuse of the buildings on Union Street through ongoing supports such as the affordable housing waiver, the Conservation Area Regeneration Scheme (CARS) and the upcoming bid for Heritage Lottery and Historic Environment funding; and

C.        Note the £780,000 reduction in capital financing costs in the 2023/24 General Fund revenue budget created by the implementation of the recommendations above; and therefore:

·         Instructs the Director of Customer to reverse the library closures at Cornhill, Cults, Northfield, Ferryhill, Woodside and Kaimhill (£280k);

·         Instructs the Director of Commissioning to reverse the cuts to Cultural Grants (£163k); and

·         Subject to the submission of a Full Business Case to the Director of Resources from the relevant organisations, and thereafter approval of these business cases by the Finance and Resources Committee, allocate the following capital grants in principle:

·           capital funding to Castlegate Arts of £300k for work required on the Art Centre and to contribute to attract match funding;

·           capital funding to Aberdeen Performing Arts (APA) for the redevelopment of the Lemon Tree of £2m over two years to be match funded;

·           capital funding to the OpenSpace Trust for the redevelopment of the East Kirk of £2m over two years to be match funded; and

·           capital funding to Sport Aberdeen of £2m over two years.

The Council resolved:-

to refer the notice of motion to the Finance and Resources Committee.

The Council had before it a notice of motion by Councillor Crockett in the following terms:-

          Council:-      

          Notes the position with regards to Bucksburn Pool.

Commends the community for their public spirited fight to keep Bucksburn Pool open.

Agrees all four group leaders should seek a joint meeting with the Chief Executive of Sport Aberdeen to ensure that the pool remains open given the community have identified funding.

The Council resolved:-

to refer the notice of motion to the Finance and Resources Committee.

The Council had before it a notice of motion by Councillor Malik in the following terms:-

          Council:-

Notes Council policy on Pay and Display Parking allows for free Parking on a Sunday between 8am till 1pm.

Agrees that this policy allows many citizens to drive to church for worship and park without the fear of receiving a Fixed Penalty Notice.

Agrees that Aberdeen is an extremely tolerant city that is multicultural in its outlook where its citizens appreciate the importance of many faiths and do so in harmony and respect to all faiths within our community.

Agrees that not all religious days are on a Sunday with the Qur’an invoking the importance of Friday as its day of worship.

Agrees therefore to instruct the Chief Officer - Operations and Protective Services to bring forward a report to the Net Zero, Environment and Transport Committee as soon as possible on the feasibility of changing the current policy with options and estimated cost implications.

The Council resolved:-

to refer the notice of motion to the Net Zero, Environment and Transport Committee.

The Council had before it a notice of motion by Councillor van Sweeden in the following terms:-

            That Council:

1)    Notes the adverse environmental effects of single use vapes which cause considerable levels of additional litter on our streets and in other public places as well as having a detrimental impact on public health;

2)    Notes that research by Material Focus, an independent not-for-profit organisation, has identified that 1.3 million single use vapes are thrown away every week in the UK;

3)    Understands that single use vapes pose a number of concerns, including but not limited to:

a.    The loss of critical raw materials such as Lithium and Copper

b.    The impacts of hazardous waste

c.    The loss of plastic

d.    Fire risk;

4)    Welcomes the decision by the Scottish Government to commission a review, led by Zero Waste Scotland into the environmental impacts and management of single use vapes;

5)    Instructs the Chief Officer - Strategic Place Planning to write to the Scottish Government, as part of their review of the environmental impacts and management of single use vapes, expressing Aberdeen City Council’s support for a proposed ban on single use vapes and management of single use vapes, and to support measures to ban their sale;

6)    Instructs the Chief Officer - Strategic Place Planning to report to the Net Zero, Environment and Transport Committee outlining any policy implications of a ban for the Council and to prepare a Council communications campaign highlighting the environmental and health impacts of single use vapes; and

7)    Instructs the Chief Officer - Strategic Place Planning to write to Lorna Slater MSP, Minister for Green Skills, Circular Economy and Biodiversity in the Scottish Government, and to Iain Gulland, Executive Director and Chief Executive Officer of Zero Waste Scotland, making them aware that Aberdeen City Council supports a ban on single use vapes.

The Council resolved:-

to refer the notice of motion to the Net Zero, Environment and Transport Committee.

The Council had before it a notice of motion by Councillor Tissera in the following terms:-

            Council:-

·         Notes the decision taken by the Administration to deny the public a voice at the last Council meeting

·         Notes the Administration have agreed to shut 6 well-loved libraries in our city, 2 of which are in the ward of Councillor Hazel Cameron

·         Notes that libraries are community facilities with many uses, including helping teach children to read and notes Aberdeen City Council’s active support for libraries on their website specifically saying children are never too young to join the library

·         Notes the words used by Councillor Hazel Cameron when defending library closures “that buildings will not teach your children to read” and strongly disagrees with this position

·         Affirms the benefits of libraries in helping children learn to read

The Council resolved:-

to refer the notice of motion to the Communities, Housing and Public Protection Committee.

Moved from item 12.1 as the information is now in the public domain and consent has been given for the information to be considered in public

The Council had before it a notice of motion by Councillor Macdonald in the following terms:-

Notes that the main objective of the St Machar Parent Support Project, based at the rear of St Machar Academy, is to provide information, advice, support and training to the parents of those children who attend school or live within the St Machar Academy catchment area of Aberdeen.

Notes that the project aims to encourage and assist parents and their children to experience the formal educational system positively; to promote personal and social development; and to increase training skills and confidence in order to enhance the ability to relate effectively to the school and other professionals as required.

Notes that eight primary schools and Ashgrove Children's Centre benefit directly and that the project also works with schools outwith the catchment areas if a child lives in the area but attends an alternative school because of special circumstances.

Notes that the project receives funding from the Fairer Aberdeen Fund, as well as core funding from Early Intervention and Community Empowerment.

Notes, with concern, that the project is in financial difficulties and that on the advice of their auditor, they have called in administrators to seek solutions.

Instructs the Chief Officer - Early Intervention and Community Empowerment to explore the potential impact and to provide an update to local members/group leaders/others as appropriate.

The Council resolved:-

to approve the notice of motion subject to the update referred to in the final paragraph being provided to all members as appropriate.

In accordance with Article 3 of the minute, the Council considered the following item of business with the press and public excluded

With reference to Article 12 of this minute, the Council had before it exempt appendices relating to the Work Plan & Business Cases - Revenue report.

The Council resolved:-

to note the exempt appendices.