Agenda item

 With reference to article 2 of the minute of the meeting of 27 May 2025, the Committee had before it a report by the Executive Director – Families & Communities, which advised that at the Council meeting on 21 August 2024, the Chief  Officer - Corporate Landlord in consultation with the Chief Officer - Capital, Chief Officer - Housing and the Chief Officer - Finance, were instructed to assess the ‘building new homes’ option.  At the Communities, Housing and Public Protection Committee meeting of 27 May 2025, the Council noted the feasibility, benefits and risks associated with each alternative option for RAAC-affected properties in Balnagask. The Committee instructed officers to write to all homeowners to advise them of the alternative options presented, and ask homeowners, having considered the information, to formally identify by the end of June 2025 which option they would be willing to consider.  This report aimed to provide an update on both of these instructions. 

The report recommended:-

that the Committee –

(a)           recognise that this continues to be a difficult situation for homeowners and welcome the continued offer of mental health support from SAMH (Scottish Action for Mental Health) for those affected by this situation;

(b)           note the outcome of the engagement with homeowners in June 2025;

(c)           note the next steps in relation to the Property Swap option;

(d)           instruct the Chief Officer - Corporate Landlord to withdraw Option 3 (roof on – roof off) given that no responding party was interested in this option;

(e)           instruct the Chief Officer – Corporate Landlord to continue to engage with homeowners in relation to Voluntary Acquisition and to review this and report back to this Committee in early 2026 on whether this option should remain open into future financial years;

(f)             note that the demolition plans for Council-owned blocks have been suspended whilst engagement was undertaken with homeowners and instruct the Chief Officer – Capital to recommence the planning, preparation, engagement and mitigation works for this with immediate effect;

(g)           note that engineering inspections of properties continue and that all properties inspected so far have been identified as having a high risk (as per the IStructE guidance); and note that the Council, as an enforcement authority, continues to monitor this professional advice and will continue to advise all homeowners of their responsibilities under the relevant legislation; and

(h)           instruct the Chief Officer – Corporate Landlord to take forward master planning of the site, considering the scenario of a fully cleared site and any alternative scenarios.

The Convener moved, seconded by the Vice Convener

That the Committee approve the recommendations contained in the report.

Councillor Watson, seconded by Councillor Graham, moved as an amendment:-

          That the Committee –

1.       notes the report;

2.       agrees the SNP have acted shamefully in dealing with RAAC;

3.       agrees the SNP should have listened to Labour back in February 2024 and, if they had, those affected by RAAC would not be in the position they currently find themselves in; 

4.       agrees that the proposal to keep the voluntary acquisition offer open until at least January 2026 exposes the fear mongering from SNP Council co-leader Christian Allard who previously stated that residents would have to be out by Christmas;

5.       agrees that the “roof on - roof off” option was presented in a way that would be unaffordable to residents, according to the views of the Torry Community RAAC Campaign;

6.       agrees that demolition work whilst many residents were living on site would represent a cavalier disregard for residents’ safety by the SNP;

7.       agrees that a future masterplanning exercise would be a gross waste of public money when residents cannot afford to move and the future of the site remains so uncertain;

8.       agrees the Council may, where appropriate, exercise discretionary powers under section 20 of the Local Government in Scotland Act 2003, which permit action likely to promote or improve the wellbeing of the area or people within it. This can include limited financial or in-kind support to private individuals; and  

9.       agrees that these powers should be further explored without any further delay with a report brought back to Council by the Chief Officer – Corporate Landlord, Chief Officer - Finance and Chief Officer – Governance as soon as reasonably practical.

Councillor Nicoll moved as a further amendment, seconded by Councillor Cross:-

          That the Committee:-

Approve recommendations 2.1 to 2.8 and

2.9  notes at the Torry Community Council meeting of 20 August 2025, Community Councillors questioned the elected members present as to what sums had been identified as required to meet the shortfall in funding between the current financial package offered by the Council to homeowners and the non-RAAC valuations.  The Community Council further requested details of the funding streams identified by Aberdeen City Council that could be used to meet this additional expenditure and asked to be advised of the Scottish Government response to any proposals for these funds to provide the fiscal flexibilities which would allow Aberdeen City Council to offer a full non-RAAC valuation to homeowners;

2.10  notes Scottish Government Ministers have previously agreed that they are willing to consider authorising fiscal flexibilities by Aberdeen City Council to be used as detailed above provided that details of the sums involved are identified and details of the proposed budgets are given to them by Aberdeen City Council;

2.11  instructs the Chief Officer - Corporate Landlord and the Chief Officer - Finance to calculate the additional sum required to meet a non-RAAC estimated value for home owner properties in addition to the current financial package on offer or alternatively calculate the sum required to deliver the alternative proposals put forward by home owners that would remove the need for them to find any additional funding costs should they be implemented;

2.12  notes the request made to the Scottish Government to approve the use of the Council’s share of the £20M Housing Infrastructure Fund within the Aberdeen City Region Deal as a possible funding source for the additional sum referred to in 2.11 and that no decision has so far been forthcoming.  Instructs the Chief Executive to seek the necessary approvals from the Scottish Government to unlock these funds to meet the identified shortfall;

2.13  notes Council agreed on 5 March 2025, a funding solution to meet the costs of acquiring and demolishing RAAC affected homes from owners through the Capital Fund; and

2.14 agrees to refer the matter to the Finance and Resources Committee to seek an increase in the value committed from the Council’s Capital Fund to support the funding of the additional sum referred to in 2.11, in the absence of funding being unlocked by the Scottish Government.

During summing up, Councillor Watson intimidated that he wished to combine Councillor Nicoll’s amendment with his amendment.  In line with Standing Order 29.18, the Convener advised that this was not a minor amendment and therefore would not allow the amendments to be combined.

There being a motion and two amendments, the Committee first divided between the two amendments.

For the amendment from Councillor Watson (2) – Councillors Graham and Watson - for the amendment from Councillor Nicoll (2) – Councillors Cross and Nicoll - declined to vote (5) – the Convener, the Vice Convener and Councillors Copland, Greig and McLellan.

In accordance with Standing Order 32.7.1, whereby the Convener chose not to exercise her casting vote in regards to a tied vote, the Clerk then drew lots with Councillors Watson and Nicoll in order to determine what amendment would go forward to the vote.  Councillor Nicoll’s amendment was successful. 

The Committee then divided between the motion and the amendment by Councillor Nicoll.

On a division, there voted for the motion (5) – the Convener, the Vice Convener and Councillors Copland, Greig and McLellan – for the amendment (4) – Councillors Cross, Graham, Nicoll and Watson.

The Committee resolved:-

(i)             to note that the Chief Officer – Corporate Landlord would ascertain the situation with the waste service in the Balnagask area and would address any concerns that were raised; and

(ii)            to adopt the motion. 

At this juncture, Councillor Nicoll intimated that he wished to refer the matter to Council, under Standing Order 34.1 and he was supported by Councillors Graham and Watson.  The Convener advised that she was exercising her right under Standing Order 34.1 to determine that the matter would not be referred. 

In terms of Standing Order 32.8, Councillors Graham, Nicoll and Watson intimated their dissent against the foregoing decision.

-       COUNCILLOR MIRANDA RADLEY, Convener