Agenda item

Update on the Establishment of Short-term Halting Sites for Gypsies/Travellers - H&E/12/102 - and Update on a Proposed Byelaw Regarding Camping in Designated Areas - H&E/13/039

Minutes:

(A)       In terms of Standing Order 10(2), the Council received a deputation from Mr Craig Cameron.

 

Mr Cameron explained that he worked on a farm adjacent to the Howes Road site which was being recommended for the establishment of a short-term halting site. He advised that the land was part of the Common Good Fund and was zoned for housing in the Aberdeen Local Development Plan, which, in his opinion, was badly needed in the city.

 

Mr Cameron emphasised that utilising the Howes Road site for a short-term halting site would be hugely detrimental to the Council in terms of the loss of a capital receipt, the shortage of housing provision and associated jobs, and called on the Council to reject the recommendation and look for alternative sites.

 

(B)       With reference to Article 9 of the minute of its meeting of 6 March 2013, the Council had before it (1) an amended report by the Director of Housing and Environment which summarised the work of the stakeholder group, the feedback from the respective Community Councils and information gathered from the consultation exercise in regard to the establishment of short-term halting sites for gypsies/travellers; and (2) an addendum to the report which had been submitted by the non-Council members of the stakeholder group.                                   

 

The report recommended:-

that the Council -

(a)              instruct officers to progress the establishment of a short-term halting site at Howes Road;

(b)              instruct officers to prepare a detailed design together with cost estimates for construction and ongoing operational costs;

(c)               instruct officers to prepare a planning application including details of costings (capital and revenue) for establishing the site;

(d)              approve the process for consultation as set out in the report, acknowledging that strong views and opinions were likely to be part of the process; and

(e)              note that officers continued to conduct property searches with a view to establishing further sites within the city.

 

            (C)       With reference to Article 15 of the minute of its meeting of 1 May 2013, the Council had before it a report by the Director of Housing and Environment which sought agreement to pursue dialogue with the Scottish Government on the principle of a proposed byelaw to prevent camping in sensitive areas such as public parks.

 

The report recommended:-

that the Council -

(a)              instruct the Head of Legal and Democratic Services to pursue dialogue with the Scottish Government on the principle of such a byelaw; and

(b)              instruct the Director of Housing and Environment to report back in due course on progress.

 

            (D)       The Council also had before it correspondence from the Equality and Human Rights Commission, dated 19 August 2013, regarding the Council’s handling of the aforementioned reports, and which requested that it be placed before elected members at the meeting this day.

 

Councillor Crockett moved, seconded by Councillor Boulton:-

            That the Council -

(1)               note the letter sent to the Cabinet Secretary for Justice by the Council Leader; note the helpful comments contained within the reply dated 25 June 2013 from the Scottish Government and further note the helpful comments of SNP MSP Mark McDonald in the local media on 17 August 2013;

(2)               instruct officers to commence without delay consultation with the Scottish Government on a potential byelaw to prohibit camping in sensitive areas, such as public places, noting the success of the local byelaw in respect of drinking in public places and noting the Loch Lomond byelaws introduced in 1996, revised in 2012 and approved by the Scottish Ministers in 2013;

(3)               at the same time -

(a)               instruct officers to prepare a detailed design with cost estimates for construction and ongoing costs at Howes Road;

(b)               instruct officers to prepare a planning application including details of costings (capital and revenue) for establishing the site;

(c)               approve the process for consultation as set out in the report (H&E/12/102), acknowledging that strong views and opinions were likely to be part of the process; and

(d)               instruct officers to continue to conduct property searches with a view to establishing a further site or a more suitable site within the city; and

(4)               instruct officers to report back to every Council meeting on the progress or otherwise on the consultation with the Scottish Government on the potential byelaw and on the suitability or otherwise of other potential sites.

 

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

            That the Council -

(1)               reaffirm the decision of the Policy and Strategy Committee of 2 December 2008;

(2)               instruct officers to stand down all current searches;

(3)               continue examining how best to manage informal encampments;

(4)               instruct officers to prepare details for upgrading the Clinterty site to include potential short-term provision; and

(5)               approve the recommendations contained within the report on the proposed byelaw regarding camping in designated areas.

 

Councillor Cameron moved as a further amendment, seconded by Councillor Townson:-

            That the Council -

(1)               note the report on the establishment of short-term halting sites for gypsies/travellers;

(2)               thank the stakeholder group for their work to date;

(3)               due to planning concerns and potential financial loss, agree not to proceed with the Howes Road site as a short-term halting site;

(4)               instruct officers to continue property searches in collaboration with a stakeholder group representative of Aberdeen with a view to identifying suitable sites within the city; and

(5)               take no action at this stage in respect of the report on the proposed byelaw regarding camping in designated areas but report back in twelve months.

 

There being a motion and two amendments, the Council first divided between the amendment by Councillor Delaney and the amendment by Councillor Cameron.

 

On a division, there voted:-

 

For the amendment by Councillor Delaney  (5)  -  Councillors Delaney, Greig, Malone, Jennifer Stewart and Yuill.

 

For the amendment by Councillor Cameron   (10)  -  Councillors Cameron, Dickson, Jackie Dunbar, Jaffrey, Kiddie, MacGregor, McCaig, May, Noble and Townson.

 

Declined to vote  (22)  -  Lord Provost; Depute Provost; and Councillors Allan, Boulton, Carle, Cooney, Crockett, Donnelly, Lesley Dunbar, Finlayson, Forsyth, Graham, Grant, Ironside, Laing, Lawrence, Malik, Milne, Jean Morrison, Taylor, Thomson and Young.

 

Absent from the division  (2)  -  Councillors Samarai and Sandy Stuart.

 

The Council then divided between the motion and the amendment by Councillor Cameron.

 

On a division, there voted:-

 

For the motion  (22)  -  Lord Provost; Depute Provost; and Councillors Allan, Boulton, Carle, Cooney, Crockett, Donnelly, Lesley Dunbar, Finlayson, Forsyth, Graham, Grant, Ironside, Laing, Lawrence, Malik, Milne, Jean Morrison, Taylor, Thomson and Young.

 

For the amendment by Councillor Cameron   (10)  -  Councillors Cameron, Dickson, Jackie Dunbar, Jaffrey, Kiddie, MacGregor, McCaig, May, Noble and Townson.

 

Declined to vote  (5)  -  Councillors Delaney, Greig, Malone, Jennifer Stewart and Yuill.

 

Absent from the division  (2)  -  Councillors Samarai and Sandy Stuart.

 

The Council resolved:-

to adopt the motion.

Supporting documents: