Agenda, decisions and minutes

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

http://committees.aberdeencity.gov.uk/ieListDocuments.aspx?CId=140&MId=2899&Ver=4

Please note that if any changes are made to this minute at the point of approval, these will be outlined in the subsequent minute and this document will not be retrospectively altered.

Prior to considering the matters before the Committee, the Committee resolved in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973, to exclude the press and public from the meeting for articles 26 and 27 so as to avoid disclosure of exempt information of the class described in paragraph 8 of Schedule 7(A) to the Act.

The Committee had before it the minute of its previous meeting of 21 January, 2014.

The Committee resolved:-

to approve the minute, subject to including in the comments by Cllr Jennifer Stewart, reference to the need for hedging in the vicinity of the detention pond at the Stronsay/ Kingsgate area (Article 6 - Flood Risk Management Scotland Act 2009).

The Committee had before it by way of referral, a report from the Audit and Risk Committee of 27 February, 2014 relating to the Internal Audit Plan 2014/15.

The Audit and Risk Committee had resolved:-

to agree that the Internal Audit Plan be referred to each Service Committee for their information.

“Instruct officers to provide a report to the next Enterprise, Strategic Planning and Infrastructure meeting including the financial implications on the most efficient way to progress pedestrian crossings and suitable bus laybys on the Hazlehead to Westhill Road, the A944 in the vicinity of the residential area by Kingswells Church and the Five Mile Garage”.

In terms of Standing Order 21, the Committee had before it the following joint motion by Councillors Boulton and Delaney:-

“Instructs officers to provide a report to the next Enterprise, Strategic Planning and Infrastructure meeting including the financial implications on the most efficient way to progress pedestrian crossings and suitable bus laybys on the Hazlehead to Westhill Road, the A944 in the vicinity of the residential area by Kingswells Church and the Five Mile Garage.”

In the absence of Councillor Boulton, Councillor Delaney formally moved the joint motion and explained the rationale behind their request.

The Committee resolved:-

to adopt the joint motion.

The Committee had before it a report by the Director of Enterprise, Planning and Infrastructure, which outlined the current year revenue budget performance to date along with the forecast outturns for the services which relate to the Committee and advised on any areas of risk and management action.

The report recommended:-

that the Committee -

(a)       note the report on the performance to date and the forecast outturn and the information on risks and management action that is contained herein;

(b)       instruct that officers continue to review budget performance and report on Service strategies as required to ensure a balanced budget; and

(c)        instruct officers to report, in due course, on the actual outturn compared to budget following completion of the 2013/14 financial statements.

The Committee resolved:-

(i)         to approve the recommendations; and

(ii)        to congratulate officers for their efforts in relation to the budget.

The Committee had before it a report by the Director of Enterprise, Planning and Infrastructure, which provided an update on the capital spend to date for the Enterprise, Planning and Infrastructure projects included within the Non-Housing Capital Programme.

The report recommended:-

that the Committee note the current position.

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.

The report recommended:-

to approve a grant of £7,000 from the International Twinning Budget 2013-2014 towards the commissioning and performance of two new works to commemorate the outbreak of World War One performed by local musicians from Clermont-Ferrand at the Sound Music Festival on 24 October and in Clermont-Ferrand on 10 November 2014.

The Committee resolved:-

to approve the recommendation.

The Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which provided an update as to how the Scottish Cities Alliance in its second year had been progressing in delivering Scotland’s Cities Strategy, ‘Scotland Cities Delivering for Scotland’.

The report recommended:-

that the Committee –

(a)       note the report;

(b)       approve that officers and elected members continue to support the activities of the Scottish Cities Alliance; and

(c)        approve a further three year funding of £15,000 per calendar year to 2018.

The Committee resolved:-

to approve the recommendations.

Please note that an appendix relating to this report is included in the private section of this agenda at item 10.1.

The Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which outlined the proposed roads and transportation programme from the approved Capital budgets for 2014/15.

The estimated costs for the individual proposed works were included as appendices within the private section of the agenda (article 26 of this minute refers).

The report recommended:-

that the Committee -

(a)       approve the schemes listed in the appendices as the detailed proposals for expenditure within budget headings;

(b)       instruct appropriate officials to implement the detailed programme;

(c)        (1) authorise the Director of Enterprise, Planning and Infrastructure, the Head of Asset Management & Operations and the General Manager – Operations, in connection with the programme, to undertake or instruct tendering procedures or competitive quotes procedures as appropriate and the awarding of contracts following thereon, subject to the necessary funding being available in the approved Non-Housing Capital Budget and (2) exempt all such procedures and contracts from Standing Order 1(3) of the Council's Standing Orders relating to Contracts and Procurement";

(d)       where traffic legislation is necessary, approve the proposals in principle and instruct the appropriate officials to progress the necessary legal procedures.  Where no significant objections have been received at the statutory consultation or public advertisement stages to instruct the appropriate officials to implement the scheme, otherwise these would be reported back to future committee; and

(e)       grant approval to appropriate officers to award contracts on receipt of a valid tender submission subject to necessary funding in the approved revenue and capital budgets.

The Committee resolved:-

to approve the recommendations.

The Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which outlined the Countesswells Development Framework and Phase 1 Masterplan, prepared as a strategy for the future development of land identified in the Aberdeen Local Development Plan as OP58.

In terms of Standing Order 32(1), the Committee heard from Councillor Delaney as a ward member in relation to the proposals outlined within the report.  He expressed concerns with regards to the potential increase of traffic as a result of the proposed Countesswells development.  He indicated that the developer’s figures for traffic journeys at peak time were surprisingly low.  He suggested that officers should consider dualling the Lang Stracht to help alleviate the impact that the development would have on traffic flow in the area.  He also referred to the management of open spaces, and suggested that officers take steps to ensure that the developer maintain the open space appropriately.

The report recommended:-

that the Committee –

(a)       approve the Countesswells Development Framework and Phase 1 Masterplan as interim planning advice; and

(b)       agree for officers to implement the process to ratify the Development Framework as Supplementary Guidance.  This would include a 6 week public consultation with results reported to the Committee prior to submission to the Scottish Government.

The Committee resolved:-

(i)         to approve recommendation (b) above;

(ii)        to approve the Countesswells Development Framework and Phase 1 Masterplan as interim planning advice, reserving the position to review the proposed road infrastructure once the Transport Assessment has been carried out;

(iii)       to note that the capacity of development on site prior to the delivery of the AWPR will be determined through the Transport Assessment process. Further detail on this, including a phasing plan, will be provided within the consultation outcome report due to be presented to the Enterprise, Strategic Planning and Infrastructure Committee on 3 June 2014; and

(iv)       to note that the issues raised by Cllr Delaney (these being (1) around a potential dualling of the Lang Stracht and (2) the management of open space within the area to ensure that agreements were adhered to, would respectively (1) be taken into account by the changes to the recommendation at (ii) above; and (2) be examined by officers as a wider issue in due course.

The Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which provided details in relation to the progress of various strategic and local transportation projects within Aberdeen City and the wider area which flow from the development of the Regional Transport Strategy produced by Nestrans and the Council’s own Local Transport Strategy.

The report recommended:-

that the Committee -

(a)       note the contents of this report;

(b)       endorse development through Nestrans including Board decisions, completion of the 2013/14 programme of works and proposals for the 2014/15 programme of works;

(c)        consider the findings and outcomes of the draft Bridge of Dee Scottish Transport Appraisal Guidance (STAG) Part 1 Appraisal and approve the publication of a final version on the Council website;

(d)       agree that, as resolved by the Nestrans Board at its meeting on 12 February 2014, Concepts 6, 6B and 7 for the Bridge of Dee be progressed to STAG Part 2 Appraisal;

(e)       subject to the agreement of recommendation d), to approve the immediate commissioning of the Bridge of Dee STAG Part 2 Appraisal;

(f)        instruct officers to progress the necessary Temporary Traffic Regulation Order (TTRO) for the closure of Schoolhill (between Blackfriars Street and Back Wynd) and Belmont Street (between Schoolhill and Little Belmont Street) on Sunday 21 September 2014 between the hours of 0800 and 1700 for an event to mark In Town Without My Car Day 2014;

(g)       note the costs to the Council associated with the publicly available electric vehicle (EV) charging points; and

(h)       continue to offer the EV charging service for free until the end of 2014 and instruct officers to review this position in January 2015.

The Committee resolved:-

to approve the recommendations.

The Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which outlined the Newhills Expansion Area Development Framework (NEADF), prepared as a strategy for the future development of land identified in the Aberdeen Local Development Plan as OP29 (Craibstone South), OP30 (Rowett South) and OP31 (Greenferns Landward).

In terms of Standing Order 32(1), the Committee heard from Councillor Delaney as a ward member in relation to the proposals outlined within the report.  He welcomed the commitment to provide affordable housing and health care facilities on site.  He indicated however, that the estimated education provision figures for school pupils per house was extremely low and in his view, the figure would be significantly higher which may result in overcrowding within the proposed schools.  He also referred to the management of open spaces, and suggested that officers take steps to ensure that the developer maintains the open space appropriately.

The Committee heard Sandy Beattie, Team Leader, Enterprise, Planning and Infrastructure provide an update on the feedback received from Bucksburn Community Council in relation to the NEADF, specifically in relation to community facilities, the management of sports facilities/pitches and the location of the proposed Gypsy Traveller Site.

The report recommended:-

that the Committee -

(a)       approve the Newhills Expansion Area Development Framework as Interim Planning Advice; and

(b)       agree for officers to implement the process to ratify the Development Framework as Supplementary Guidance.  This would include a six week public consultation with the results to be reported back to the Committee prior to submission to the Scottish Government. 

The Committee resolved:-

(i)         to approve the recommendations; and

(ii)        to note that the comments submitted by Councillor Delaney and Bucksburn Community Council would be considered as part of the overall consultation process and reported back at the next stage, in particular the options for the location of a Gypsy/Traveller site, the demand for sports pitches amongst any community facilities provided, the management of open spaces and the school pupil projections provided, including information on how these projections are arrived at.

The Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which sought approval of Supplementary Guidance for Serviced Apartments for adoption as Supplementary Guidance to the Local Development Plan.

The report recommended:-

that the Committee approve the Supplementary Guidance: Serviced Apartments and to agree that officers undertake the statutory process for adoption of the supplementary guidance.

The Committee resolved:-

to approve the recommendations.

With reference to article 15 of the minute of meeting of 12 November 2013, the Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which provided an update on the process on the review of the commuted payments and the options for accepting off-site affordable housing contributions.

The report recommended:-

that the Committee -

(a)       note progress on the review of commuted payments and the proposed amendments to Section 75 legal agreements; and

(b)       agree the scope of issues to be addressed through amended supplementary guidance on affordable housing.

The Committee resolved:-

to approve the recommendations.

The Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which advised that the sponsorship of roundabouts contract between the Council and an external marketing agent would terminate on 31 March 2014 and outlined the arrangements which are to be put in place to ensure continuity of delivery.

The report recommended:-

that the Committee –

(a)       approve to bring the sponsorship of roundabouts in-house for a period of one year commencing on 1 April 2014;

(b)       instruct officers to report back within that period to evidence the comparison between internal and external delivery and to recommend how such sponsorship could be delivered in future; and

(c)        note the exemptions granted in respect of the Standing Orders relating to Contracts and Procurement as detailed within the report.

The Committee resolved:-

to approve the recommendations, subject to officers reporting back after one year of operation.

MATTER OF URGENCY

The Vice-Convener intimated that she 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 due to local authorities being informed on 4 March 2014 that the High Hedges (Scotland) Act 2013 would come into force on 1 April 2014.  To ensure the Council was prepared for this date the Committee is required to set the fees and make them available to the public.

The Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which provided details of the High Hedges (Scotland) Act 2013, which allows for the local authority to set a fee to accompany an application for a high hedge notice and outlined the proposed fee.

The report recommend:-

that the Committee approve the fee proposed of £382.

The Committee resolved:-

(i)         to approve the recommendation; and

(ii)        that officers monitor the level of applications submitted, including the reasons for non-submission, and that a report be submitted in twelve months time in this regard, which would also consider whether the level of fee was appropriate, taking into account data on the number of applicants who had been prevented from submitting an application due to the fee level.

The Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which requested agreement of the proposed policy for the use of net Bus Lane Enforcement income and the list of proposed schemes, which directly or indirectly facilitate the achievement of policies in Aberdeen City Council’s Local Transport Strategy as per Scottish Government legislation, to be funded from bus lane enforcement charge notice monies received to date.

The report recommended:-

that the Committee agree the proposed policy for the use of net Bus Lane Enforcement income and schemes for 2014/15.

The Vice-Convener proposed that the report be referred simpliciter to the next meeting of the Council.

The Committee resolved:-

to refer the report simpliciter to the next meeting of the Council.

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 -

Polmuir Road/Ferryhill Place;

Walker Road/Grampian Place;

Frederick Street Car Park;

Springfield Avenue/Springfield Road;

Greenfern Avenue;

Auchinleck Crescent;

Forest Avenue Lane;

Thistle Lane;

Stronsay Drive;

Carnegie Crescent/Anderson Drive;

A944, between Kingswells and Westhill;

Rosemount Place;

North Deeside Road, Cults.

• Proposals to be funded by the School –

Cults Primary School.

• Proposals to be funded by the Developer/Business –

Tarbothill Road;

Wellington Road;

Earns Heugh Road.

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

Various On-Street Parking (1 space);

Various Off-Street Parking (1 space).

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 this report.  If no significant objections are received, then progress with the public advertisement and report the results to a future meeting of this Committee; and

(c)        instruct the appropriate officers 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 27 of the minute of the previous meeting of 21 January 2014, the Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which advised of the outcome of the initial consultation process undertaken following the report titled ‘Various Small Scale Traffic Management and Development Associated Proposals (New Works)’ relating to the following:-

• Palmerston Road/Stell Road;
• Kittybrewster Access Road;
• Seafield Court;
• Margaret Street;
• Souterhead Road;
• Lewis Road;
• Bridge of Don Library Car Park;
• Grandholm Village;
• Leslie Road;
• Orchard Road;
• Orchard Place;
• Westburn Road;
• Thomson Street;
• Constitution Street;
• Abergeldie Road;
• Deemount Road; and
• Dunmail Avenue.

The report recommended:-

that the Committee acknowledge the responses received as a result of the initial consultation and thereafter instructs officers to progress to the public advertisement stage and report the results to a future Committee.

The Committee resolved:-

to approve the recommendation.

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 following 13 traffic orders and presented the objections which had been received where relevant in each case:-

(1)       The Aberdeen City Council (Crown Street, Aberdeen) (Pay and Display) Order;

(2)       The Aberdeen City Council (Loch Street, St Andrew Street, Aberdeen) (Traffic Management) Order;

(3)       The Aberdeen City Council (Shielhill Avenue Area, Aberdeen) (Traffic Management) Order;

(4)       The Aberdeen City Council (C19C Shielhill Road, Aberdeen) (40mph Speed Limit) Order;

(5)       The Aberdeen City Council (St Peter Street, Aberdeen) (Prohibition of Waiting) Order;

(6)       The Aberdeen City Council (Aboyne Gardens, Aberdeen) (Prohibition of Waiting) Order;

(7)       The Aberdeen City Council (Clifton Road, Aberdeen) (Prohibition of Waiting) Order;

(8)       The Aberdeen City Council (Access Roads Serving Hutcheon Court and Greig Court, Aberdeen) (Traffic Management) Order;

(9)       The Aberdeen City Council (Off-street Car Parks) Order;

(10)     The Aberdeen City Council (Oscar Road, Aberdeen) (Prohibition of Waiting) Order;

(11)     The Aberdeen City Council (Queen Street, Aberdeen) (Pay and Display) Order;

(12)     The Aberdeen City Council (Woodlands Drive, Woodlands Road, Aberdeen) (Prohibition of Waiting) Order;

(13)     The Aberdeen City Council (Disabled Persons Parking Places in Aberdeen City) (Regulatory Parking Places) (No1) Order.

The report recommended:-

that the Committee –

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

(b)       in relation to The Aberdeen City Council (Clifton Road, Aberdeen) (Prohibition of Waiting) order 201(X), and The Aberdeen City Council (Woodlands Drive, Woodlands Road) (Prohibition of Waiting) Order 201(X) to overrule the objections received and approve these orders be made as originally envisaged; and

The Committee resolved:-

(i)         to approve the recommendations; and

(ii)        that in relation to The Aberdeen City Council (C19C Shielhill Road, Aberdeen) (40MPH Speed Limit) Order 201(X), that following the order being made, officers monitor the situation in terms of future developments in the area, specifically in terms of the potential to revisit the 40mph speed limit for the entire road and to liaise with local Councillors in this regard.

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 following traffic order:-

·         The Aberdeen City Council (Disabled Persons Parking Places in Aberdeen City Centre) (Regulatory Parking Places) Order.

The report recommended:-

that the Committee approve the order and that the order be made and implemented accordingly.

The Committee resolved:-

to approve the recommendation.

The Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which provided information on the details of an appeal against an officer decision to refuse an application to form a driveway at 53 Tollohill Drive, Kincorth, Aberdeen.

The report recommended:-

that the Committee reject the application for a driveway at 53 Tollohill Drive due to the formed slope being greater than the permitted 1 in 20 gradient as it is against the approved policy for driveways.

The Vice-Convener, seconded by Councillor Allan moved:-

that the recommendation contained within the report be approved.

Councillor McCaig, seconded by Councillor Corall moved as an amendment:-

that the appeal be upheld and the application accepted, on the condition that the applicant undertake anti-slip works to form ribs on the existing surface.

On a division, there voted:- for the motion (10) – the Vice-Convener and Councillors Allan, Finlayson, Forsyth, Graham, Malik, Milne, Thomson, Young and Yuill; for the amendment (5) – Councillors Blackman, Corall, Jaffrey, MacGregor and McCaig,

The Committee resolved:-

to adopt the motion.

The Committee was advised that this item had been withdrawn.

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 5 (Bridge of Don Park and Ride), item 9 (Crematorium Bus Service), item 10 (Aberdeen Local Development Plan Policy on Affordable Housing Requirements for New Development), item 12 (Sustainable Urban Mobility Plan) and item 20 (Flood Guard Grant Scheme) from the statement;

(ii)        in relation to item 23 (Galas and Festive Community Grants), that the current procedure to support the delivery of Galas and Festive Community Grants continue for this year; and

(iii)       to otherwise note the updates 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:-

to delete item 1 (Notice of Motion by Councillor Boulton – Haudagain Improvements) and item 3 (Notice of Motion by Councillor Malone – Earlspark Drive) from the list.

In accordance with the decision recorded under article 1 of this minute, the following items of business were considered with the press and public excluded.

The Committee had before it the appendices to the report by the Director of Enterprise, Planning and Infrastructure relating to article 9 of this minute which contained the estimated costs for the individual proposed works for the Roads and Transport Related Capital Budget Programme 2014-15.

The Committee resolved:-

to note the appendices and the decision taken in relation to the appendices at article 9 of this minute.

The Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which advised of the use of Standing Order 1(6)(b) in relation to the procurement of a contract for the construction of a short section of a new side road for the Aberdeen Western Peripheral Route/ Balmedie-Tipperty Trunk Road scheme, to advise of the progress with other Advance Works and services and which sought approval of additional expenditure for advance site clearance works.

The report recommended:-

that the Committee –

(a)       note the Chief Officer’s decision, in relation to Standing Order 1(6)(b), to approve the commencement of procurement procedures in respect of the C5K Link Road due to the urgent exigencies of the Service;

(b)       note the update regarding other Advance Works and Services; and

(c)        in relation to Standing Order 1(3), approve a revised cost estimate (with a +10% allowance to account for variation in tender estimates) for advance site clearance works in relation to the AWPR/ Balmedie-Tipperty Trunk Road Scheme.

The Committee resolved:-

to approve the recommendations.

COUNCILLOR ANGELA TAYLOR, Vice Convener.