Agenda, decisions and draft minutes

The Lord Provost advised that former Councillor Charlie Pirie had passed away recently and underlined that he had been well known and well liked.

Councillor Macdonald paid tribute to former Councillor Pirie, advised of his funeral arrangements and thanked him for his service to the Labour Party and the Council. Councillor Yuill paid his own tribute to former Councillor Pirie and emphasised that he had been a stalwart for his community.

The Council resolved:-

to concur with the remarks of the Lord Provost and Councillors Macdonald and Yuill.

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:-

Catherine Hazel Cameron, Councillor/Fitness Trainer, Aberdeen

Donna Clark, Councillor, Aberdeen

Professor Zygmunt Krukowski, Surgeon, Aberdeen

Christopher Leiper, Company Director, Aberdeen

Ingrid Margaret Huddart-Stanyer, Lecturer, Aberdeen

Isla Stewart, Account Manager, Aberdeen

Craig Scott Walker, Newspaper Editor, Aberdeen

Dr Arthur James Winfield, Lecturer, Aberdeen

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:-

11.1    Aberdeen South Harbour Link Road - Compulsory Purchase Order - exempt appendix

11.2    Council Tax Financial Controls Update

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 items 11.1 and 11.2 so as to avoid disclosure of exempt information of the classes described in paragraphs 8 and 14 of Schedule 7A of the Act.

Councillor Yuill advised that he had a connection in relation to agenda items 9.3 and 11.1 (Aberdeen South Harbour Link Road - Compulsory Purchase Order) by virtue of his position of Vice Chair of Aberdeen City Region Deal Joint Committee, however having applied the objective test he did not consider that he had an interest and would not be withdrawing from the meeting.

Councillor Blake advised that she had a connection in relation to agenda item 9.1 (Appointments) as she knew Dr Murray personally, 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 Radley advised that they had a connection in relation to agenda items 9.3 and 11.1 as members of Aberdeen City Region Deal Joint Committee, however having applied the objective test they did not consider that they had an interest and would not be withdrawing from the meeting.

Councillor Kusznir moved as a procedural motion, seconded by Councillor Tissera:-

That the Council suspend Standing Orders 14.3 and 14.5.7 to hear the deputation from Ms Chowdhry with regard to agenda item 10.2.

On a division, there voted:-

For the procedural motion  (19)  -  Councillors Ali, Blake, Bonsell, Boulton, Brooks, Crockett, Cross, Farquhar, Graham, Grant, Kusznir, Lawrence, Macdonald, McLeod, Malik, Massey, Thomson, Tissera and Watson.

Against the procedural motion  (22)  -  Lord Provost; Depute Provost; and Councillors Allard, Alphonse, Bouse, Hazel Cameron, Clark, Cooke, Copland, Cormie, Davidson, Greig, Henrickson, Hutchison, MacGregor, McLellan, McRae, Mennie, Nicoll, Radley, van Sweeden and Yuill.

The Council resolved:-

to reject the procedural motion. 

The Council had before it the minute of meeting of Aberdeen City Council of 7 February 2024.

The Council resolved:-

to approve the minute.

The Council had before it the minute of the adjourned meeting of Aberdeen City Council of 8 February 2024.

The Council resolved:-

to approve the minute.

The Council had before it the minute of meeting of Aberdeen City Council of 6 March 2024.

The Council resolved:-

to approve the minute.

The Council had before it the minute of meeting of the Urgent Business Committee of 29 February 2024.

The Council resolved:-

(i)           to approve the minute; and

(ii)          to note that the Executive Director of Corporate Services would confirm the exact date when the exempt report was made public.

The Council had before it the minute of meeting of the Urgent Business Committee of 27 March 2024.

The Council resolved:-

to approve the minute.

With reference to the minute of meeting of the Guildry and Mortification Funds Committee of 1 March 2024, the Council had before it, by way of remit, a request for financial assistance for various proposals on behalf of Aberdeen Foyer and with regard to the purchase of laptops for pupils at selected schools to assist them towards further education.

The Guildry and Mortification Funds Committee had expressed support for the requests for funding and referred the matter to the Council for approval.

The Lord Provost moved, seconded by the Depute Provost:-

That the Council approve the requests for funding for a total of £5,750, to be met from the 2023/24 Guildry budget.

Councillor Malik moved as an amendment, seconded by Councillor Blake:-

            That the Council -

Approve the recommendations made by the Guildry and Mortification Funds Committee concerning the requests for funding.

Note the failure of the SNP to honour another of their manifesto commitments to provide every school pupil in Scotland with a laptop or tablet; and that the Guildry and Mortification Funds are being called upon to fund a limited number of laptops for pupils at selected schools to assist them towards further education.

Agree with the comments of The Lord Dean who advised “that many young people in the city were not able to further their education as a result of not having access to technology and they were not eligible for funded courses”, as a damming indictment of the falling educational standards following 16 years of this SNP government.

At this juncture, Councillor Allard advised that he had a connection in relation to the item as a Council appointed observer to the Board of Aberdeen Foyer, however having applied the objective test he did not consider that he had an interest and would not be withdrawing from the meeting.

On a division, there voted:-

For the motion  (23)  -  Lord Provost; Depute Provost; and Councillors Allard, Alphonse, Boulton, Bouse, Hazel Cameron, Clark, Cooke, Copland, Cormie, Davidson, Greig, Henrickson, Hutchison, MacGregor, McLellan, McRae, Mennie, Nicoll, Radley, van Sweeden and Yuill.

For the amendment  (17)  -  Councillors Ali, Blake, Bonsell, Brooks, Cross, Farquhar, Graham, Grant, Kusznir, Lawrence, Macdonald, McLeod, Malik, Massey, Thomson, Tissera and Watson.

Declined to vote  (1)  -  Councillor Crockett.

The Council resolved:-

to adopt the motion.   

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

The Council resolved:-

to note the business planner.

The Council had before it a report by the Chief Officer - Governance which sought (1) ratification of the appointment of new parent representatives to the Education and Children’s Services Committee following the resignation of the two current representatives; and (2) the appointment of a Vice Convener of the Planning Development Management Committee.

The report recommended:-

that the Council -

(a)          agree the appointments of Danielle Barclay as the new primary parent representative and Alison Murray as the new secondary parent representative on the Education and Children’s Services Committee from the July 2024 meeting of the Committee, subject to a satisfactory PVG check being undertaken; and

(b)          appoint a Vice Convener of the Planning Development Management Committee, to replace Councillor Bouse, with immediate effect.

Councillor Yuill moved, seconded by Councillor Mennie:-

            That the Council -

(1)      agree the appointment of Danielle Barclay as the new primary parent representative and Alison Murray as the new secondary parent representative on the Education and Children’s Services Committee from the July 2024 meeting of the Committee, subject to a satisfactory PVG check being undertaken;

(2)      appoint Councillor Greig as Vice Convener of the Planning Development Management Committee, to replace Councillor Bouse, with immediate effect; and

(3)      note that Councillor Greig will continue to receive his senior remuneration salary as Convener of theEducation and Children's Services Committeeand agreethat Councillor Bouse will receive a Vice Convener senior remuneration for his role as Vice Convener of theAnti-Poverty and Inequality Committee, and that this be backdated as required.

Councillor Malik moved as an amendment, seconded by Councillor Tissera:-

            That the Council -

(1)      agree the recommendations contained within the report;

(2)      agree Councillor allowances were agreed by Councillors on 25 August 2022 where the minute agreed Councillor Bouse would receive an allowance for being Vice Convener of Planning but not for being Vice Convener of the Anti-Poverty and Inequality Committee;

(3)      agree Councillor Bouse resigned from the Planning Development Management Committee some time ago and is not currently listed as being a member of the Planning Development Management Committee;

(4)      agree there has been no Senior Council allowance update since August 2022, seeking approval to transfer the Senior Council allowance for Councillor Bouse from Vice Convener of Planning to the Anti-Poverty and Inequality Committee;

(5)      agree Councillor Bouse should not be receiving any Senior Councillor allowance from the time of his resignation from the Planning Development Management Committee until now as per the agreed decision of Council in August 2022;

(6)      agree Councillor Bouse should receive the Senior Councillor allowance for being Vice Convener of the Anti-Poverty and Inequality Committee from today; and

(7)      agree Councillor Bouse must repay any monies he has received from his Senior Council allowance from the time he resigned as Planning Development Management Vice Convener until today given he was no longer doing the job of Vice Convener of Planning Development Management Committee.

On a division, there voted:-

For the motion  (29)  -  ...  view the full minutes text for item 13.

The Council had before it a report by the Executive Director - Corporate Services on the application of the Budget Protocol which included public engagement on officer budget saving options within the 2024/25 budget and which identified any lessons learned or proposed revisions for applying the protocol to the 2025/26 budget. The report also responded to instructions from the Council budget meeting in respect of engagement and consultation.

The report recommended:-

that the Council -

(a)          note the feedback collated from officers and elected members on the Budget Protocol in its first year of operation, summarised at Appendix A;

(b)          instruct officers to develop budget options and Integrated Impact Assessments during Quarter 1 as the basis for 1) elected member engagement; 2) Phase 1 engagement with the public both online and face to face; and 3) a second phase of engagement during quarter 3 after the Medium Term Financial Plan was reported to Council; and

(c)          note that the Protocol formed part of the Scheme of Governance and as such would be reviewed by the cross-party Governance Reference Group in April and May and submitted to Council in July for approval of any proposed revisions, including giving effect to the improvements outlined in (b) above.

Councillor McLellan moved, seconded by Councillor Yuill:-

            That the Council approve the recommendations.

Councillor Kusznir moved as an amendment, seconded by Councillor Cross:-

            That the Council -

(1)      notes the feedback collated from officers and Elected Members on the Budget Protocol in its first year of operation;

(2)       considers that the Budget Protocol was only implemented because of the SNP - Liberal Democrat Administration’s disastrous 2022/23 Budget, which defunded Big Noise Torry, closed 6 libraries, precipitated the closure of Bucksburn Swimming Pool and subsequent and multiple Judicial Reviews; and

(3)       agrees therefore to cease further work on the public engagement, beyond what’s necessary for officers to ensure due regard in relation to protected characteristics element of the Budget Protocol because of:

·           cost: both in terms of (a) financial and (b) officer time;

·           uptake: responses to Budget Consultation Phase 2 represent just over 1% of Aberdeen’s population. Multiple responses from the same IP address were allowed;

·           balanced budget: this was not a requirement of public consultation yet is a legal obligation of Elected Members. A consultation cannot be credible if it does not replicate the Budget framework in which decisions will be made; and

·           tax: the consultation process focused predominantly on raising taxes and fees/charges as a means of meeting the Budget deficit. The public were  provided with a limited number of other options.

Councillor Malik moved as a second amendment, seconded by Councillor Watson:-       

            That Council -

Note the feedback collated from officers and some elected members on the Budget Protocol in its first year of operation.

Note 3.13 of the report Stage 6 - Public Engagement Phase 2 notes “What worked well” versus “what could have been better” noting every other stage was presented as “what worked well” versus “what  ...  view the full minutes text for item 14.

The Council had before it a report by the Chief Officer - Capital which sought approval to make the Compulsory Purchase Order (CPO) to facilitate the Aberdeen South Harbour Link Road.

The report recommended:-

that the Council -

(a)          note the Design Manual for Roads and Bridges Stage 3 Scheme Assessment report at Appendix 1;

(b)          note the approved Outline Business Case for the Aberdeen South Harbour Link Road at exempt Appendix 2; and

(c)          resolve to make a Compulsory Purchase Order in respect of the land identified in the CPO Map contained in Appendix 3, and instruct the Chief Officer - Governance to implement the statutory procedures following on from the making of the Order and continue to pursue voluntary acquisition in parallel with the compulsory purchase process.

The Council resolved:-

(i)           to approve the recommendations; and

(ii)          to note that officers would provide information following the meeting in response to Councillor Watson’s query regarding employee voice in terms of contractors.

The Lord Provost advised that he was bringing forward the following item of business and therefore, in accordance with Article 3 of the minute, the Council considered the item with the press and public excluded.

With reference to Article 18 of the minute of meeting of the Audit, Risk and Scrutiny Committee of 12 February 2024, the Council had before it a report by the Chief Officer - Finance which provided background information on the recent embezzlement which had been committed and the steps that were being taken to reduce the risk of further financial fraud against the Council.

The report recommended:-

that the Council -

(a)          note the content of the report, and the immediate actions taken to address the control failures, as well as the further and ongoing improvements to Council financial controls and processes;

(b)          note the Internal Audit Plan 2024/25 to 2026/27, from the Audit, Risk and Scrutiny Committee on 12 February 2024, had specific audits/auditable areas that would provide assurance to the Council in 2024/25 of the Council Tax control environment, including Council Tax Income (National Fraud Initiative), and wider counter fraud activities under the scope of Prevention of Fraud, Bribery and Corruption and also Procurement Fraud Controls; and

(c)          note that the Chief Officer - Finance in consultation with the Corporate Management Team would specifically consider the assurance that can be placed on the Revenues and Benefits control environment as part of the preparation of the 2023/24 Annual Governance Statement, which would be reported to a future meeting of the Audit, Risk and Scrutiny Committee.

The Council received a presentation from the Chief Officer - Finance and the Interim Chief Officer - Governance (Legal), followed by an opportunity for questions, which were answered by the relevant officers.

Councillor McLellan moved, seconded by Councillor Yuill:-

That the Council approve the recommendations contained within the report.

Councillor Malik moved as an amendment, seconded by Councillor Ali:-

            That the Council -

(1)      approve the recommendations contained within the report;

(2)      agree that a fraud of this magnitude over a 17 year period highlights failures in the Council control and assurance policy, especially given Internal Audit frequently review the Council Tax function;

(3)      agree that no control system is fool proof and as section 3.15 of the report highlights, controls are designed on the basis that most people are honest and trusted, nevertheless this alleged embezzlement highlights failures on the Council’s part over a 17 year period; and

(4)      agree that the Council should seek to use any relevant remedy available to recover as much money as it can from the individual concerned.

On a division, there voted:-

For the motion  (28)  -  Lord Provost; Depute Provost; and Councillors Allard, Alphonse, Boulton, Bouse, Brooks, Hazel Cameron, Clark, Cooke, Copland, Cormie, Cross, Davidson, Farquhar, Greig, Henrickson, Hutchison, MacGregor, McLellan, McLeod, McRae, Massey, Mennie, Nicoll, Radley, van Sweeden and Yuill.

For the amendment  (13)  -  Councillors Ali, Blake, Bonsell, Crockett, Graham, Grant, Kusznir, Lawrence, Macdonald, Malik, Thomson, Tissera and Watson.

The Council resolved:-

to adopt the motion.

To instruct the Chief Officer - Governance to report back to the Licensing Committee before November 2024 outlining additional site licence conditions as necessary and required as result of residential caravan licence renewal site inspections and to include consideration of the following as a mandatory condition: 
 
Rights and obligations of Caravan Occupiers on "Protected Sites" The Licence-Holder must at all times maintain the obligations owed by the Owner of the Protected Site to the Occupiers of pitches by the Protected Site Agreements 

Note: this Agreement contains the conditions which automatically apply to caravans on "Protected Sites". These conditions are set out in Schedule 1 to the Mobile Homes Act 1983, as amended by the Mobile Homes Act 1983 (Amendment of Schedule. 1) (Scotland) Order2013, S.S.l. No. 219" ln that Schedule, paragraphs 1 to 10 were in the 1983 Act as originally enacted, although their content was amended in Scotland. Paragraphs 11 to 32 were added by the 2013 Regulations. Paragraph 1A was added to the Schedule by the Housing (Scotland) Act 2014, Section 84, with effect from 1st May 2017: Housing (Scotland) Act 2O14 (Commencement No. 6 and Transitional Provision) Order 2016-412. The Owner must - 

(a) if requested by the Occupier, provide, free of charge, documentary evidence in support and explanation of- 

 (i) any new Pitch Fee; 

 (ii) any charges for gas, electricity, water, sewerage or other services payable by the Occupier to the Owner under the Agreement, and 

Statement) (Scotland) Regulations 2013 No. 188 either: (a) before that occupation starts, or (b) if not previously given, within 30 days after this Licence is effective. 

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

“To instruct the Chief Officer - Governance to report back to the Licensing Committee before November 2024 outlining additional site licence conditions as necessary and required as result of residential caravan licence renewal site inspections and to include consideration of the following as a mandatory condition: 
 
Rights and obligations of Caravan Occupiers on "Protected Sites" The Licence-Holder must at all times maintain the obligations owed by the Owner of the Protected Site to the Occupiers of pitches by the Protected Site Agreements 

Note: this Agreement contains the conditions which automatically apply to caravans on "Protected Sites". These conditions are set out in Schedule 1 to the Mobile Homes Act 1983, as amended by the Mobile Homes Act 1983 (Amendment of Schedule. 1) (Scotland) Order2013, S.S.l. No. 219" ln that Schedule, paragraphs 1 to 10 were in the 1983 Act as originally enacted, although their content was amended in Scotland. Paragraphs 11 to 32 were added by the 2013 Regulations. Paragraph 1A was added to the Schedule by the Housing (Scotland) Act 2014, Section 84, with effect from 1st May 2017: Housing (Scotland) Act 2O14 (Commencement No. 6 and Transitional Provision) Order 2016-412. The Owner must - 

(a) if requested by the Occupier, provide, free of charge, documentary evidence in support and explanation of- 

            (i) any new Pitch Fee; 

(ii) any charges for gas, electricity, water, sewerage or other services payable by the Occupier to the Owner under the Agreement, and 

Statement) (Scotland) Regulations 2013 No. 188 either: (a) before that occupation starts, or (b) if not previously given, within 30 days after this Licence is effective.”

The Council resolved:-

to approve the notice of motion.

That the Council:-

1.     Notes the Scottish Government's unwillingness, confirmed in Parliamentary Questions, to provide financial support to Council to assist in its handling with Reinforced Autoclaved Aerated Concrete (RAAC) affected properties in Torry;

2. Considers this is an unsustainable position given the cost to Council and to private owners in Balnagask, Torry in carrying out remedial works;
3. Notes the decisions of the Urgent Business Committee of 29 February 2024 and instructs the Chief Officer - Finance to report to the meeting of Finance and Resources on 7 August 2024 with options to provide financial assistance to those private homeowners affected by RAAC given the present lack of financial support from the Scottish Government; and
4. Instructs the Chief Executive to write to the Scottish Government:
   1. requesting that the Council be a participant in the RAAC Cross Sector Working Group due to the Council's high level of affected property; and
   2. asking for reconsideration of the current non existent financial support to both the Council and private homeowners.

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

“That the Council:-

1.    Notes the Scottish Government's unwillingness, confirmed in Parliamentary Questions, to provide financial support to Council to assist in its handling with Reinforced Autoclaved Aerated Concrete (RAAC) affected properties in Torry;

2. Considers this is an unsustainable position given the cost to Council and to private owners in Balnagask, Torry in carrying out remedial works;
3. Notes the decisions of the Urgent Business Committee of 29 February 2024 and instructs the Chief Officer - Finance to report to the meeting of Finance and Resources on 7 August 2024 with options to provide financial assistance to those private homeowners affected by RAAC given the present lack of financial support from the Scottish Government; and
4. Instructs the Chief Executive to write to the Scottish Government:
   1. requesting that the Council be a participant in the RAAC Cross Sector Working Group due to the Council's high level of affected property; and
   2. asking for reconsideration of the current non existent financial support to both the Council and private homeowners.”

The Council resolved:-

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

Council:-

Agree without delegated powers granted to officers by Elected Members, Council would not function as efficiently as it requires to in the modern world.

Agree that just because officers have delegated powers does not mean that they must use them, but can should they wish allow Elected Members to take decisions.

Agree that in this particular case planning application 231422/DPP Alba Gate Stoneywood Park Aberdeen should be determined by the Planning Development Management Committee.

Agree therefore that this application is put before the Planning Development Management Committee at the earliest opportunity for determination by Elected Members.  

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

“Council:-

Agree without delegated powers granted to officers by Elected Members, Council would not function as efficiently as it requires to in the modern world.

Agree that just because officers have delegated powers does not mean that they must use them, but can should they wish allow Elected Members to take decisions.

Agree that in this particular case planning application 231422/DPP Alba Gate Stoneywood Park Aberdeen should be determined by the Planning Development Management Committee.

Agree therefore that this application is put before the Planning Development Management Committee at the earliest opportunity for determination by Elected Members.”  

The Council resolved:-

(i)           to instruct the Chief Officer - Governance following consultation with the Chief Officer - Strategic Place Planning to consider as part of the current review of the Scheme of Governance how planning applications can be reported to the Planning Development Management Committee and the role that members, including the Convener, will have in that process;

(ii)          to agree that in this particular case planning application 231422/DPP Alba Gate Stoneywood Park Aberdeen should be determined by the Planning Development Management Committee; and

(iii)         to agree therefore that this application be put before the Planning Development Management Committee at the earliest opportunity for determination by Elected Members. 

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

With reference to Article 15 of this minute, the Council had before it an exempt appendix relating to the abovementioned report.

The Council resolved:-

to note the exempt appendix.