Agenda, decisions and minutes

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

http://councilcommittees/ieListDocuments.aspx?CId=140&MId=2526&Ver=4

The Committee heard from Dr Maggie Bochel, who advised that Tesco had withdrawn its legal challenge to the Aberdeen Local Development Plan which zoned a site close to its Rousay Drive store for retail development.

The Committee resolved:-

to note the information provided.

MATTER OF URGENCY

The Convener intimated that he had directed in terms of Section 50(B)(4)(b) of the Local Government (Scotland) Act 1973, that the following item of business be considered as a matter of urgency as the information required to be considered at this time was related to the annual process for reviewing the progress of Aberdeen Exhibition and Conference Centre.

The Committee received a PowerPoint presentation from Mr Brian Horsburgh, Managing Director and Mr Graeme Cumming, Finance Director, both Aberdeen Exhibition and Conference Centre in relation to the annual review of the Centre.

The Committee were provided with information relating to (a) the history and developments of the centre; (b) business and economic impact growth; (c) the events and exhibitions which the centre hosts at present; and (d) the financial position and future of the centre.

Members of the Committee asked questions and received responses from Mr Horsburgh and Mr Cumming.

The Committee resolved:-

to thank Mr Horsburgh and Mr Cumming for their presentation.

At this juncture the Convener assumed the Chair for the duration of the meeting.

The Committee had before it the minute of its previous meeting of 19 March, 2013.

With reference to article 35 of the minute (Review of Charges for Street Occupations), the Committee heard Mr Hugh Murdoch, Head of Service for Asset Management and Operations explain that there was a consistent approach to skip permit surcharging across Scotland which was governed through the office of the Scottish Road Works Commissioner.  He suggested that the Committee may wish to consider retaining the charge as previously recommended by officers.

The Committee resolved:-

(i)         to suspend Standing Order 22 to enable it to revoke the decision taken at article 35 of the minute on the skip permits surcharge, and to agree that the charge remain at £120; and

(ii)        to otherwise to approve the minute.

With reference to article 3 of the minute of meeting of the Development Management Sub-Committee of 18 April 2013, the Committee had before it a request to consider designating the area surrounding the Hill of Rubislaw office development as a controlled parking zone to alleviate pressures on residential parking likely to be caused by the development.

Councillor Jennifer Stewart as local member addressed the Committee under Standing Order 32, providing background information relating to the application and suggesting that the Committee request officers to prepare a further report on a proposed controlled parking zone for the area.

The Committee resolved:-

to instruct officers to submit a report on the possibility of introducing a controlled parking zone in the Hill of Rubislaw area.

In terms of Standing Order 21, the Committee had before it the following joint motion by Councillors Kiddie and Cormie which had been referred from Council at its meeting on 1 May, 2013:-

“In view of recent tragedies, that Council consults the NHS, Police Scotland - Aberdeen City Division and the Samaritans and calls for a report thereafter on possible measures to prevent access to the parapet of Union Bridge, which may involve placing decorative spikes, which would in turn require consultation with Historic Scotland given the bridge’s listed status.”

The Committee had before it a background report by the Director of Enterprise, Planning and Infrastructure which provided information and details relating to the notice of motion.

Councillors Kiddie and Cormie formally moved their joint motion and explained the rationale behind their request.

The Committee resolved:-

to instruct officers to submit a full report to the next meeting on the terms of the motion, and to include reference to the measures which have been taken by other local authorities facing similar issues.

In terms of Standing Order 21, the Committee had before it the following motion by Councillor Malone:-

“With reference to the petition received from 108 residents expressing their dismay at the poor condition of Earlspark Drive Bieldside:  Request that the section of Earlspark Drive, Bieldside from number 1 – 22 be resurfaced.  This to be funded from the 600k under spend in the general fund.”

The Committee resolved:-

to defer consideration of this item until the next meeting of the Committee in terms of Standing Order 21(4).

In terms of Standing Order 21, the Committee had before it the following motion by Councillor Malone:-

"In view of the recent floods experienced by many households throughout the city, I request that we follow the good practice of other local authorities by supplying affected households with appropriate floor guards that should have a useable life of around 15-25 years, instead of sandbags.  I recognise that this would mean a change in policy, therefore I would request that officers report back to the appropriate committee with a report comparing the labour costs etc"

The Committee resolved:-

to suspend Standing Order 21(4) on the basis that Councillor Malone had indicated that she did not wish the motion to be deferred in her absence, and to instruct officers to submit a report on the terms of the motion to the next meeting of the Committee.

The Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which outlined the implications of introducing a system of neighbour notification of applications by private individuals to remove protected trees.

The report recommended:-

to maintain the existing arrangements for consultation.

The Committee resolved:-

(i)         to instruct officers to undertake a six month trial period of notifying neighbours when an application is submitted by private individuals for tree removal which falls within either a TPO or Conversation area category by placing a notice on the nearest lamppost; and

(ii)        to monitor the workload impact of this initiative, as well as the number of representations received, and to report back to the Committee following the trial period.

The Committee had before it a report by the Director of Enterprise, Planning and Infrastructure, which responded to the motion by Councillor Malone to review the speed limits at Countesswells, Baillieswells and Blacktop area and to review rural speed limits.

The report recommended:-

that the Committee –

(a)       note the content of this report and that officers have undertaken the review/assessment in line with Scottish Government and Department for Transport guidance; and

(b)       agree that no further action should be taken with regard to the implementation of a lower speed limit.

The Committee resolved:-

to defer consideration of this item until the next meeting of the Committee in Councillor Malone’s absence.

The Committee had before it a joint report by the Director of Enterprise, Planning and Infrastructure and the Head of Finance, which provided (a) an update on the capital spend in 2012/13 for the Enterprise, Planning and Infrastructure projects included within the Non-Housing Capital Programme; and (b) background information on the new projects included within the five year Capital Programme.

The report recommended:-

that the Committee note the current position and legally committed carry forwards.

The Committee resolved:-

to approve the recommendation.

The Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which sought approval of applications for financial assistance from the International Twinning Budget 2013/14.

During consideration of the item, Councillor Corall declared a non-pecuniary interest by virtue of his membership of the Town and County History Society but did not consider it necessary to leave the meeting.

The report recommended:-

that the Committee approve the following applications –

(a)       £2,000 contribution towards the visit of Regensburg Town and County History Society to Aberdeen Town and County History Society on an educational and cultural exchange, Aberdeen, 24 to 29 September 2013;

(b)       £2,000 contribution to accept the invitation for an Aberdeen Jazz Group to perform and participate in ‘Jazz en Tête’, Clermont-Ferrand, 20th to 24 October 2013;

(c)        £3,740 contribution towards the exploratory visit to Regensburg and reciprocal visit to Aberdeen to develop the 100 Word Project promoting the Bavarian and Doric Language, Aberdeen and Regensburg between August 2013 and March 2014;

(d)       £1,180 contribution towards sending an Aberdeen delegation to Clermont-Ferrand to participate in the Artogue Artist Exhibition and to continue developing strong cultural and economic links between the cities, Clermont-Ferrand, 3 to 7 June 2013;

(e)       £2,900 contribution towards hosting a music group from Gomel to participate in the Aberdeen International Youth Festival and fund-raising events for the Friends of Gomel, Aberdeen, 25 July to 4 August 2013;

(f)        £2,050 contribution towards a music group from Stavanger to participate in the Re-Opening Ceremony for Duthie Park and Torry Lighthouse Festival, 28 June to 1 July 2013;

(g)       £2,900 contribution towards a group from Regensburg to participate in Tartan Day, 26 to 28 July 2013;

(h)       £5,000 contribution towards the River Don/Sustainable Urban Rural Fringes Exhibition and project initiatives with Regensburg, Aberdeen, 3 to 8 September 2013; and

(i)         £1,600 contribution towards the cost of sending up to three Aberdeen City Council Officers to conduct an exploratory visit of ‘Mini Regensburg’, Regensburg, 5 to 9 August 2013.

The Committee resolved:-

(i)         that officers consider including Doonies Farm as part of the programme of visits by Regensburg Town and County History Society; and

(ii)        to otherwise approve the recommendations.

The Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which provided an update on the Council’s activities associated with the North Sea Commission and the Conference of Peripheral and Maritime Regions.

The report recommended:-

that the Committee –

(a)       approve the Leader of the Council submitting a nomination for membership of the Board of Energy Cities and the City’s bid to host the Energy Cities Annual Conference in 2015;

(b)       approve both Member and officer travel and attendance at relevant NSC, CPMR General Assemblies and thematic group meetings for 2013/14 and officer travel to European Project development meetings within Europe Member States in 2013/2014;

(c)        note the European promotional activities which will be undertaken and approves travel 2013/14;

(d)       approve, in principle, the Council’s participation in the following European/ Lottery projects subject to detailed reports back in each case for final approval

·         HESTON – Landfill Gas to Hydrogen;

·         HYACINTH – Hydrogen Public Acceptance Initiative;

·         ClearGEN – Hydrogen 1 MW Fuel Cell project for district heating;

·         Care North 2;

·         Coastal Communities (Torry – Nigg Bay) Solar Project;

(e)       approve a financial contribution of up to £5000 from current budgets to Aberdeenshire Council to host the NSC General Assembly in June 2014; and

(f)        approve the Council’s additional match funding by £39,098.00 from current Service budgets for the HyTrEc (Hydrogen Transport Economy for the North Sea Programme) project.

The Committee resolved:-

(i)         that officers also consider Cove as a location for the Coastal Communities Solar Project; and

(ii)        to otherwise approve the recommendations.

The Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which provided an update on the progress of various strategic and local transportation projects within Aberdeen City and the wider area.

The report recommended:-

that the Committee –

(a)       note the contents of this report;

(b)       endorse development through Nestrans including Board decisions and the 2013/14 programme of works;

(c)        agree that the Head of Planning and Sustainable Development, in consultation with the Convener and Vice-Convener of this Committee, submit a response to the draft Regional Transport Strategy and supporting documents to Nestrans during the formal consultation period on behalf of Aberdeen City Council, for ratification by this Committee in September; and

(d)       agree to make electric vehicle charging free to the public, initially until the end of 2014, and to review this position in March 2014, when usage and costs to date will be reported back to the Committee.

The Committee resolved:-

to approve the recommendations.

With reference to article 28 of the minute of meeting of 13 September 2011, the Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which provided details of the progress on the Aberdeen Open Space Strategy since its adoption in September 2011.

The report recommended:-

that the Committee –

(a)       note the progress made in delivering the Open Space Strategy against the indicators provided in chapter 7 of the Strategy; and

(b)       approve the first annual monitoring progress report of the Aberdeen Open Space Strategy attached as Appendix 1.

The Committee resolved:-

(i)         that officers consider all small parks and other open spaces in delivering the Open Space Strategy; and

(ii)        to otherwise approve the recommendations.

The Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which sought delegated authority to approve the Council’s response to the Scottish Government’s consultations on the National Planning Framework 3 and Scottish Planning Policy.

The report recommended:-

that the Committee agree that delegated authority be given to the Head of Planning and Sustainable Development to approve the Council’s response to the Scottish Government consultations on NPF3 and SPP, following agreement with the Convener and Vice Convener of this Committee.

The Committee resolved:-

(i)         that officers be instructed to circulate the draft response to the Scottish Government’s consultations to members of the Committee; and

(ii)        to otherwise approve the recommendation.

The Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which sought approval of Supplementary Guidance for Low and Zero Carbon Buildings for public consultation.  The draft supplementary guidance was contained in an appendix to the report.

The report recommended:-

that the Committee agree the Draft Supplementary Guidance for public consultation.

The Committee resolved:-

to approve the recommendation.

With reference to article 18 of the minute of meeting of 22 January 2013, the Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which outlined new methodology for calculating commuted payments and highlighted the impact of a new methodology prior to any external consultation.

The report recommended:-

that the Committee –

(a)       agree for officers in Planning and Sustainable Development to consult on the proposed amendment to the methodology for calculating commuted payments.  Results of the consultation will be reported back to the 29 August Enterprise Planning and Infrastructure Committee; and

(b)       support, in principle, the allowance of a mix of on-site delivery and commuted payments to help deliver affordable housing on development sites.

The Committee resolved:-

to approve the recommendations.

With reference to article 24 of the minute of the previous meeting of 19 March 2013, the Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which outlined the results of the Grandhome Development Framework consultation, presented a summary of the representations received and officers’ responses to these representations and detailed any resulting action from this.

The report recommended:-

that the Committee –

(a)       note the representations received on the draft Grandhome Development Framework Supplementary Guidance document;

(b)       approve Appendix 1, which includes officers’ responses to representations received and any necessary actions; and

(c)        agree for officers to send the requested finalised Supplementary Guidance document to be ratified by the Scottish Government.

The Convener, seconded by the Vice-Convener moved:-

that the recommendations contained within the report be approved.

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

that in addition to approving the recommendations, that the Committee request the Education, Culture and Sport Committee to defer consideration of any proposed merger of Middleton Park Primary and Glashieburn Primary schools until the first of the new schools had opened.

On a division, there voted:-  for the motion (8) – the Convener, the Vice Convener and Councillors Allan, Boulton, Finlayson, Grant, Jean Morrison MBE and Thomson; for the amendment (7) – Councillors Corall, Cormie, Delaney, Jaffrey, MacGregor, McCaig and Yuill.

The Committee resolved:-

to adopt the motion.

The Committee had before it a report by the Director of Enterprise, Planning and Infrastructure relating to various small scale traffic management measures identified by officers, residents, local members, emergency services, etc and verified as necessary through surveys by officers.  The report also outlined proposals associated with new developments as part of the development management process.  Finally, the report included proposals for individual parking spaces for Blue Badge holders which now require to be progressed through the normal legal process for the required Traffic Regulation Order.

The report related to proposals at the following locations in the city:-

• Proposals to be funded from Cycling, Walking and Safer Streets budget -

Charleston Road;

Provost Graham Avenue;

Riverside Drive;

• Proposals to be funded by Nestrans -

New access road and turning circle to the west of Dyce Railway Station that will serve the Service 80 Dyce Shuttle Bus;

• Proposals to be funded from the Air Quality Action Plan budget –

Marischal Street proposed car club parking bays;

Golden Square proposed car club parking bay;

• Proposals to be funded by the developer/business -

Trinity Street;

Church Street, Footdee;

Minto Drive;

Hilton Avenue;

• Proposals to be funded from the Disabled Parking Revenue budget -

Various On-Street Parking (20 spaces);

Various Off-Street Parking (5 spaces).

The report recommended:-

that the Committee –

(a)       approve the proposals in principle;

(b)       instruct the appropriate officers to commence the necessary legal procedures of preliminary statutory consultation for the traffic regulation orders required as described in the report.  If no significant objections were received, then progress with the public advertisement and report the results to a future meeting of this Committee; and

(c)        instruct the appropriate orders to commence the combined statutory consultation for the traffic regulation order for the list of Blue Badge parking spaces and report back to a future meeting of this Committee.

The Committee resolved:-

to approve the recommendations.

With reference to article 29 of the minute of the previous meeting of 19 March 2013, the Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which provided details of the Aberdeen City Council (Route C128C, Aberdeen) (40mph Speed Limit) Order at the final statutory stage.  The public notice was attached as an appendix.

The report recommended:-

that the Committee agrees that no further action should be taken with regard to the implementation of a lower speed limit and therefore abandons the proposal to introduce a 40mph speed limit on the length of the C128C between its junctions with the A944 Kingswells Roundabout and Blacktop Road.

Councillor McCaig, seconded by Councillor Corall moved:-

that the recommendations contained within the report be approved.

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

that the Committee agrees that the Council proceeds with the proposal to introduce a length of regulatory 40mph speed limit on the C128C ‘Kingswells to Cults’ Road, between its junctions with the A944 Kingswells Roundabout and the Blacktop Road and agree that the order be made; and that the ‘vehicle activated signs’ in the area be retained.

On a division, there voted:-  for the motion (5) – Councillors Corall, Cormie, Jaffrey, MacGregor and McCaig; for the amendment (10) – the Convener, the Vice-Convener and Councillors Allan, Boulton, Delaney, Finlayson, Grant, Jean Morrison MBE, Thomson and Yuill.

The Committee resolved:-

to adopt the amendment.

The Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which advised of the outcome of the final statutory stage of the follow 20 traffic orders and presented objections which had been received where relevant in each case:-

(1)       The Aberdeen City Council (ABZ Business Park, Dyce, Aberdeen) (Prohibition of Waiting) Order;

(2)       The Aberdeen City Council (Foresterhill Road, Aberdeen) (20mph speed limit) Order;

(3         The Aberdeen City Council (Kingswood Drive, Kingswells, Aberdeen) (Prohibition of Waiting) Order;

(4)       The Aberdeen City Council (Regent Walk, Aberdeen) (Prohibition of Waiting) Order;

(5)       The Aberdeen City Council (Burnside Road/ Wellheads Road, Aberdeen) (Prohibition of Waiting) Order;

(6)       The Aberdeen City Council (Palmerston Place, Aberdeen) (Prohibition of Waiting) Order;

(7)       The Aberdeen City Council (A944/ C89C/ C128C/ Kingswells Causeway, Aberdeen (Traffic Management and 40mph Speed Limit) Order;

(8)       The Aberdeen City Council (Access Road linking Hazledene Road to Countesswells Road, Aberdeen) (Prohibition of Driving) Order;

(9)       The Aberdeen City Council (Palmerston Area, Aberdeen) (On-Street Car Club Parking Spaces) Order;

(10)     The Aberdeen City Council (South College Street, Aberdeen) (Traffic Management) Order;

(11)     The Aberdeen City Council (Auchinyell Gardens/ Garthdee Drive, Aberdeen) (Prohibition of Waiting) Order;

(12)     The Aberdeen City Council (Broadfold Road, Aberdeen) (Prohibition of Waiting) Order

(13)     The Aberdeen City Council (Riverside Drive/ Car Park serving Duthie Park, Aberdeen) Order;

(14)     The Aberdeen City Council (Eday Road/ Swannay Road, Aberdeen) Prohibition of Waiting) Order;

(15)     The Aberdeen City Council (Gray Street, Aberdeen) (Prohibition of Waiting) Order;

(16)     The Aberdeen City Council (Access Road serving 17-21 Justice Street, Aberdeen) (Prohibition of Waiting) Order;

(17)     The Aberdeen City Council (Mill Court/ Station Road, Woodside, Aberdeen) (Prohibition of Waiting) Order;

(18)     The Aberdeen City Council (Various Citywide Traffic Management Measures) (No 1) Order;

(19)     The Aberdeen City Council (Disabled Persons Parking Places in Aberdeen) (Regulatory Parking Places) (No 1) Order; and

(20)     The Aberdeen City Council (Disabled Persons Parking Places in Aberdeen) (Regulatory Parking Places) (No 2) Order.

The report recommended:-

(a)       in relation to The Aberdeen City Council (Various Citywide Traffic Management Measures) (No 1) order 201(X), overrule the objections received and approve this order be made as originally envisaged, albeit in the case of Balmoral Terrace modified with the extent of the originally proposed prohibition of waiting reduced in length; and

(b)       approve the orders that did not attract objections, and that all the orders be made and implemented accordingly.

The Committee resolved:-

to approve the recommendations, subject to deferring consideration of the Aberdeen City Council (Kingswood Drive, Kingswells, Aberdeen) (Prohibition of Waiting) Order until the next meeting of the Committee to enable further information to be provided.

The Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which provided an overview of the strategy that the roads services operated throughout the City during the winter of 2012/13 and explained that the Council budget for 2012/13 for winter maintenance was £1.512M although the final cost was £1.986M.

The report recommended:-

that the Committee -

(a)       note the contents of the report;

(b)       instruct officers to continue the comparison with other similar urban authorities winter services operations, both in terms of operation and cost;

(c)        incorporate, within the Winter Services Plan for 2013-2014, those recommendations in Section 13 of the Well Maintained Highways and any other relevant documentation not already included within the Winter Services Plan 2012-2013; and

(d)       report back to Committee in August, 2013 with the updated Winter Services Plan.

The Committee resolved:-

(i)         to approve the recommendations; and

(ii)        to thank the staff for their work during the winter maintenance operations in 2012/13, a difficult winter for all concerned.

The Committee had before it a statement of pending and outstanding Committee Business, which had been prepared by the Head of Legal and Democratic Services.

The Committee resolved:-

(i)         to delete item 3 (Aberdeen Western Peripheral Route – Progress Report), item 7 (Newhills Avenue) and item 19 (Delivering Transformational Change in Asset Management and Operations) from the statement; and

(ii)        to otherwise note the updates provided and contained within the statement.

The Committee had before it a statement of outstanding motions under the Committee’s remit which had been prepared by the Head of Legal and Democratic Services.

The Committee resolved:-

(i)         to delete item 1 (Councillor Yuill - The Royal Deeside and Perthshire Way) from the statement and to instruct officers to promote the Royal Deeside and Perthshire Way if the opportunity so arises; and

(ii)        that in relation to item 4 (Haudagain Improvements), that officers be instructed to write a further letter to the Transport Minister and invite a response to the previous letter.

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

DECLARATION OF INTEREST

The Vice-Convener and Councillor Jean Morrison MBE declared a non-pecuniary interest in the subject matter of the following article by virtue of them both being Board Members of Aberdeen Heat and Power.  They did not feel it necessary to withdraw from the meeting during consideration thereof.

With reference to article 40 of the minute of the previous meeting of 19 March 2013, the Committee had before it a report by the Director of Enterprise, Planning and Infrastructure Committee which provided an update on, and sought continued support for the creation of a subsidiary company, a trading company of Aberdeen Heat and Power (AH&P), which would operate commercial contracts with commercial and non-Council properties connecting to the district heating network based on the proposal submitted by AH&P legal advisors.

The report recommended:-

that the Committee -

(a)       support AH&P’s proposal to establish a separate trading company (the ‘Trading Company’) to allow commercial and non-Council properties to be connected into the combined heat and power district heating (CHP) schemes in the city;

(b)       approve that agreements necessary to facilitate the establishment of the Trading Company are entered into by the Council, with advice from legal officers; and

(c)        request that AH&P keep Council officers informed during the process of establishing the Trading Company and work with the Council’s legal officers in order to ensure that governance is in place to maximise protection of the Council’s interests.

The Committee resolved:-

to approve the recommendations.

The Committee had before it a report by the Director of Enterprise, Planning and Infrastructure Committee which advised on the progress made with the Aberdeen Hydrogen Bus Project and outlined the projects risks and contingencies as part of the commercial discussions with project partners.

The report recommended:-

that the Committee –

(a)       note the progress made on the Aberdeen Hydrogen Bus Project;

(b)       instruct the Head of Legal and Democratic Services to formally agree the Hydrogen Supply Agreement with BOC and the Bus Operator Agreements with Stagecoach and First Group;

(c)        instruct the Director of Enterprise, Planning and Infrastructure and Head of Legal and Democratic Services to enter into a contract for the temporary supply of hydrogen;

(d)       instruct the Director of Enterprise, Planning and Infrastructure to identify alternative sites for the refuelling station and electrolyser and to proceed with planning permission if an alternative site is required; and

(e)       agree to the Aberdeen Hydrogen Bus Project joining the Hydrogen Bus Alliance in partnership with First Group and Stagecoach.

The Committee resolved:-

to approve the recommendations.

COUNCILLOR CROCKETT, Convener.