Minutes:
With reference to Article 32 of the minute of meeting of the Finance and Resources Committee of 21 June 2012, which had been referred to it for consideration by seven members of the committee, the Council had before it (1) a report by the Director of Enterprise, Planning and Infrastructure which advised of progress in relation to the two areas of land at Bobby Calder Park and Lochinch Farm, Cove; and (2) the decision of the Finance and Resources Committee as follows:-
(i) in relation to the Development Agreement with Hermiston Securities Limited (HSL) -
(a) to authorise the Head of Legal and Democratic Services to conclude the Development Agreement with HSL, on the terms noted within the report, in particular the Committee noted that further committee approval would not be required for any future sales of the land within the agreement as long as they were demonstrated as being at market value; the parties must also act in the partnership’s mutual economic interest; and
(b) to authorise the Director of Enterprise, Planning and Infrastructure to nominate three officers to form part of the Project Team; and
(ii) in relation to the requests from Cove Rangers Football Club Limited (CRFCL) -
(c) to instruct the Head of Asset Management and Operations to issue a refusal of Landlord’s Consent for the revised development proposals on the site;
(d) to instruct the Head of Asset Management and Operations to issue a refusal of Landlord’s Consent to the partial assignation of part of the leased area to Aberdeen Football Club PLC (AFC) (shown in the assignation plan appended to the report);
(e) to note that an area of circa 4.5 acres or thereby would not be surrendered from the lease with CRFCL and returned to the Council;
(f) to refuse Landlord’s Consent to extend the longstop date of 1 September 2012 for the completion of the community facilities at Calder Park;
(g) to instruct the Head of Legal and Democratic Services, if necessary, to take all steps to initiate irritancy proceedings in relation to the lease between the Council and CRFCL at Bobby Calder Park; and
(h) to instruct officers to undertake a strategic review of the Council landholdings at Bobby Calder Park, giving consideration to the ‘Leisure Asset and Pitch Strategy Audit’ currently being undertaken, the masterplanning of adjoining sites and other development opportunities with a report being brought back to a future meeting of the committee on the outcome of these investigations in due course.
Councillor Young moved, seconded by Councillor Donnelly:-
That the Council -
(i) in relation to the Development Agreement with HSL -
(a) authorise the Head of Legal and Democratic Services to conclude the Development Agreement with HSL, on the terms noted within the report, in particular the Council notes that further committee approval would not be required for any future sales of the land within the agreement as long as they were demonstrated as being at market value; the parties must also act in the partnership’s mutual economic interest; and
(b) authorise the Director of Enterprise, Planning and Infrastructure to nominate three officers to form part of the Project Team; and
(ii) in relation to the requests from CRFCL -
(c) instruct the Head of Asset Management and Operations to issue a refusal of Landlord’s Consent for the revised development proposals on the site;
(d) instruct the Head of Asset Management and Operations to issue a refusal of Landlord’s Consent to the partial assignation of part of the leased area to AFC (shown in the assignation plan appended to the report);
(e) note that an area of circa 4.5 acres or thereby would not be surrendered from the lease with CRFCL and returned to the Council;
(f) refuse Landlord’s Consent to extend the longstop date of 1 September 2012 for the completion of the community facilities at Calder Park;
(g) instruct the Head of Legal and Democratic Services to take all necessary steps to initiate irritancy proceedings in relation to the lease between the Council and CRFCL at Bobby Calder Park in order to give the Council clear title;
(h) notwithstanding the above, authorise the Head of Asset Management and Operations to continue discussions with CRFCL to determine whether a deliverable and funded project can be developed to assist relocation of CRFCL; and
(i) instruct officers to undertake a strategic review of the Council landholdings at Bobby Calder Park, giving consideration to:-
· the ‘Leisure Asset and Pitch Strategy Audit’
· the masterplanning of adjoining sites
· the outcome of further discussions with CRFCL
· other development opportunities in the area including the possibility to establish regional sports facilities
with a report being brought back to the meeting of the Finance and Resources Committee in February 2013.
Councillor Noble moved as an amendment, seconded by Councillor Malone:-
(a) in relation to the Development Agreement with HSL that -
(1) the Council authorise the Head of Legal and Democratic Services to conclude the Development Agreement with HSL, on the terms noted within the report; in particular the Council notes that further committee approval will not be required for any future sales of the land within the agreement as long as they are demonstrated as being at market value; the parties must also act in the partnership’s mutual economic interest;
(2) the Council authorise the Director of Enterprise Planning and Infrastructure to nominate three officers to form part of the Project Team; and
(3) in the event that recommendation (6) below is approved, the Council further approves that an area of circa 4.5 acres at Calder Park (as identified in the plans), or such other ground as may become available at Calder Park, and is returned to the Council is included in the Development Agreement with HSL; and
(b) in relation to the requests from CRFCL that the Council -
(4) authorise the Head of Asset Management and Operations to grant Landlord’s Consent for the revised development proposals on the site;
(5) authorise the Head of Asset Management and Operations to grant Landlord’s Consent to the partial assignation of part of the leased area to AFC (shown in the assignation plan appended to the report);
(6) approve that an area of circa 4.5 acres or thereby is surrendered from the lease with CRFCL and returned to the Council;
(7) authorise that Landlord’s Consent is granted to extend the longstop date for the completion of the community facilities at Calder Park to 1 August 2013; and
(8) in considering the request from CRFCL to partially assign the lease, and in doing so passing the delivery responsibilities of the community benefits package to AFC, instruct the Head of Asset Management and Operations to agree a Market Rent with CRFCL for the land they will occupy.
On a division, there voted:-
For the motion (24) - Lord Provost; Depute Provost; and Councillors Allan, Boulton, Carle, Cooney, Crockett, Donnelly, Lesley Dunbar, Finlayson, Forsyth, Graham, Grant, Len Ironside CBE, Laing, Lawrence, Malik, Milne, Jean Morrison MBE, Nathan Morrison, Jennifer Stewart, Taylor, Thomson and Young.
For the amendment (19) - Councillors Blackman, Cameron, Corall, Cormie, Delaney, Dickson, Jackie Dunbar, Greig, Jaffrey, Kiddie, MacGregor, McCaig, Malone, May, Noble, Samarai, Sandy Stuart, Townson and Yuill.
The Council resolved:-
(i) to adopt the motion; and
(ii) to instruct officers to issue a press release advising of the decision.
- GEORGE ADAM, Lord Provost.