Agenda item

With reference to article 2 of the minute of meeting of the Council of 11 September 2023, the Committee had before it a report by the Executive Directors of Corporate Services and City Regeneration and Environment, which provided final proposed design layouts for the Beachfront Pedestrian Spine.

The report recommended:-

that the Committee –

(a)      approve the final design layout as shown in Appendices 1 to 4 and detailed within this report for the Pedestrian Spine on the Beach Boulevard; and

(b)      instruct the Chief Officer – Capital, following consultation with the Chief Officer – Commercial and Procurement Services, to negotiate and execute contracts for delivery of the construction programme in line with the previously approved total project budget as detailed in paragraph 4, reporting progress through the Chief Officer – Capital’s regular capital programme monitoring reports to this committee.

The Convener, seconded by Councillor Greig, moved:-

that the Committee approve the recommendations contained within the report.

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

that the Committee:-

(1)    note that the current officer recommendations do not represent what has been agreed for Phase A of the Beach Master Plan;

(2)    note again, as with item 9.2 (Castlegate Public Realm Update), that various plants have been included in the design;

(3)    note that once again, public consultation has been performed as nothing more than a tick-box exercise to satisfy minimum statutory obligations;

(4)    further note that since the publication of these committee papers last week, the public at large are disgusted with spending over £3m on this;

(5)    further note that since the citizens of Aberdeen have become aware of this matter that they are rightly concerned by the Council Administration’s behaviour in this;

(6)    instruct the Chief Officer – Commercial and Procurement to report back to the next meeting of the Finance and Resource Committee in November, the projected additional OPEX burden (O&M) of the plant and greenery design as a supplement to the CAPEX costs outlined in today’s committee papers;

(7)    instruct the Chief Officer – Capital to stop all further progress on these plans until the citizens of Aberdeen have been “fully” consulted, following a process that is designed to engage with the public; and

(8)    agree to reject this ‘Final Design Layout’ until it is clear how vehicular access and good vehicular circulation in the area is maintained (giving consideration of 18,000 visitors from all over Europe coming to the adjacent football stadium).

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

that the Committee:-

(1)    agree the Council should not proceed at this time, holding over the decision until the Finance and Resources Committee meeting in November due to the limited legal implications within the report regarding Planning and the Stopping up order;

(2)    agree the report does not provide any evidence as to what was advertised in respect of the Stopping up Notice or if the local authority has granted such a request given Planning is not being requested; and

(3)    agree without the reassurance from legal, the Council could find themselves back into a position whereby they are having to defend an action in Court over these matters, thereby Committee should defer matters until the November meeting to allow legal to provide Elected Members with the full implications of statutory requirements.

In terms of Standing Order 29.20, a vote was taken between the two amendments.

On a division, there voted:- for the amendment by Councillor Brooks (2) – Councillors Brooks and Farquhar; for the amendment by Councillor Malik (2) – Councillors Malik and Watson; declined to vote (5) – the Convener and Councillors Allard, Cooke, Greig and Radley.

As there was a tied vote, in terms of Standing Order 32.7,the Convener had the casting vote, however in terms of Standing Order 32.7.1,the Convener chose not to exercise his casting vote, therefore the Clerk advised that a lot would be drawn to decide the outcome of the tied vote. Following which, the amendment by Councillor Malik was successful and would be put to the vote against the motion.

On a division, there voted:- for the motion (5) – the Convener and Councillors Allard, Cooke, Greig and Radley; for the amendment by Councillor Malik (4) – Councillors Brooks, Farquhar, Malik and Warson.

The Committee resolved:-

(i)       to adopt the motion;

(ii)      to instruct the Chief Officer – Commercial and Procurement Services, to circulate to members of the Committee  (1) the independent consultant’s Traffic Management Modelling Report; (2) the costs relating to the Certificate of Lawfulness; and (3) the advice provided by the Planning Authority confirming that works would be undertaken without the need for planning permission; and

(iii)      to instruct the Chief Officer – Strategic Place Planning to clarify why the report made no reference to sections 207 and 208 of the Town and Country Planning (Scotland) Act 1997, regarding the powers of planning authorities to stop up roads.