Agenda item
Marischal Square Project
Minutes:
The Council asked a number of questions of officers in connection with the Marischal Square project and the planning process.
The Lord Provost intimated that the Head of Legal and Democratic Services had prepared written legal advice which was to be circulated to members, and it was intended that this would require the Council to go into private session at this juncture.
Councillor Malone moved as a procedural motion, seconded by Councillor Yuill:-
That the Council consider the legal advice in public.
On a division, there voted:-
For the procedural motion (21) - Councillors Blackman, Cameron, Corall, Cormie, Delaney, Dickson, Jackie Dunbar, Greig, Jaffrey, Kiddie, MacGregor, McCaig, Malone, May, Noble, Samarai, Jennifer Stewart, Sandy Stuart, Thomson, Townson and Yuill.
Against the procedural 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, Nathan Morrison, Taylor and Young.
The Council resolved:-
(i) to reject the procedural motion; and
(ii) in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973, to exclude the press and public from the meeting during consideration of the legal advice so as to avoid disclosure of exempt information of the classes described in paragraphs 6, 9 and 12 of Schedule 7(A) of the Act.
In terms of Standing Order 15(6), Councillors Delaney, Greig, Jaffrey, Malone, Jennifer Stewart and Yuill intimated their dissent against the foregoing decision.
In accordance with the aforementioned decision, the following part of the meeting was held with the press and public excluded.
The Council was then issued with two pieces of written legal advice which had been prepared by the Head of Legal and Democratic Services, who spoke in furtherance of the advice and answered questions from members.
Councillor Cooney moved as a procedural motion, seconded by Councillor Young:-
That the Council continue to consider the motion before them with the press and public excluded.
At this juncture the press and public were readmitted to the meeting to observe the division on Councillor Cooney’s procedural motion.
Councillor Yuill moved as a further procedural motion, seconded by Councillor McCaig:-
That the Council suspend Standing Order 15(1)(b) in order that the vote on Councillor Cooney’s procedural motion be taken by roll call and not by means of the electronic voting system.
On a division, there voted:-
For the procedural motion by Councillor Yuill (21) - Councillors Blackman, Cameron, Corall, Cormie, Delaney, Dickson, Jackie Dunbar, Greig, Jaffrey, Kiddie, MacGregor, McCaig, Malone, May, Noble, Samarai, Jennifer Stewart, Sandy Stuart, Thomson, Townson and Yuill.
Against the procedural motion by Councillor Yuill (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, Nathan Morrison, Taylor and Young.
The Council further resolved:-
to reject the procedural motion by Councillor Yuill, and therefore utilise the electronic voting system for the division on Councillor Cooney’s procedural motion.
In terms of Standing Order 15(6), Councillors Blackman, Cameron, Corall, Cormie, Delaney, Dickson, Jackie Dunbar, Greig, Jaffrey, Kiddie, MacGregor, McCaig, Malone, May, Noble, Samarai, Jennifer Stewart, Sandy Stuart, Townson and Yuill intimated their dissent against the foregoing decision.
On a division, there voted:-
For the procedural motion by Councillor Cooney (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, Nathan Morrison, Taylor and Young.
Against the procedural motion by Councillor Cooney (21) - Councillors Blackman, Cameron, Corall, Cormie, Delaney, Dickson, Jackie Dunbar, Greig, Jaffrey, Kiddie, MacGregor, McCaig, Malone, May, Noble, Samarai, Jennifer Stewart, Sandy Stuart, Thomson, Townson and Yuill.
The Council further resolved:-
(i) to adopt the procedural motion by Councillor Cooney; and
(ii) in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973, to exclude the press and public from the next part of the meeting so as to avoid disclosure of exempt information of the classes described in paragraphs 6, 9 and 12 of Schedule 7(A) of the Act.
In terms of Standing Order 15(6), Councillors Blackman, Cameron, Corall, Cormie, Delaney, Dickson, Jackie Dunbar, Greig, Jaffrey, Kiddie, MacGregor, McCaig, Malone, May, Noble, Samarai, Jennifer Stewart, Sandy Stuart, Townson and Yuill intimated their dissent against the foregoing decision.
In accordance with the aforementioned decision, the following part of the meeting was held with the press and public excluded.
Councillor McCaig moved, seconded by Councillor Jackie Dunbar:-
That the Council -
(1) agree to an immediate moratorium on delegated powers relating to planning decisions for Marischal Square, with any outstanding planning decisions required submitted to the Planning Development Management Committee pending the outcome of (2) and (3) below;
(2) instruct officers to bring a report to the next meeting of the Full Council on the legal implications of withdrawing from the contract with Muse Developments for the development of Marischal Square and on the options available, including use of section 65 of the Town and Country Planning (Scotland) Act 1997, for the revocation or modification of the planning permission for the same development. And simultaneously:
(3) invite Muse Developments to urgent cross party talks on how the Marischal Square scheme can be redesigned to reduce the visual impact of the proposed development on Marischal College and Provost Skene’s House and increase the public space on the site.
Councillor Boulton moved as an amendment, seconded by Councillor Donnelly:-
That the Council -
(1) note the decision of Council on 1 May 2013 to accept Muse as the preferred bidder;
(2) note the decision of the Marischal Square Working Group on 23 June 2014, adopted unanimously by Council on 25 June 2014, to agree a hotel operator; and
(3) accept the legal advice offered by Council officers and take no action.
Councillor Yuill moved as a further amendment, seconded by Councillor Jennifer Stewart:-
That the Council -
(1) agree to an immediate moratorium on delegated powers relating to planning decisions for Marischal Square, with any outstanding planning decisions required submitted to the Planning Development Management Committee pending the outcome of (2) and (3) below;
(2) instruct officers to bring a report to the next meeting of the Full Council on the legal implications of withdrawing from the contract with Muse Developments for the development of Marischal Square and on the options available, including use of section 65 of the Town and Country Planning (Scotland) Act 1997, for the revocation or modification of the planning permission for the same development. And simultaneously:
(3) invite Muse Developments to urgent cross party talks on how the Marischal Square scheme can be redesigned to reduce the visual impact of the proposed development on Marischal College and Provost Skene’s House and increase the public space on the site;
(4) instruct the Chief Executive to report to a future meeting of the Council on how the circumstances which led to the unauthorised release of legal advice by a member of the Council may be avoided in the future; and
(5) deplore the recent decision of Council to hold part of this meeting in private.
Councillor McCaig agreed to accept parts (4) and (5) of Councillor Yuill’s amendment as an addendum to his motion and this was accepted. Councillor Yuill therefore agreed to withdraw his amendment and this was accepted.
At this juncture the press and public were readmitted to the meeting to observe the division between the motion by Councillor McCaig and the amendment by Councillor Boulton.
Councillor Yuill moved as a procedural motion, seconded by Councillor McCaig:-
That the Council suspend Standing Order 15(1)(b) in order that the vote between the motion by Councillor McCaig and the amendment by Councillor Boulton be taken by roll call and not by means of the electronic voting system.
On a division, there voted:-
For the procedural motion by Councillor Yuill (21) - Councillors Blackman, Cameron, Corall, Cormie, Delaney, Dickson, Jackie Dunbar, Greig, Jaffrey, Kiddie, MacGregor, McCaig, Malone, May, Noble, Samarai, Jennifer Stewart, Sandy Stuart, Thomson, Townson and Yuill.
Against the procedural motion by Councillor Yuill (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, Nathan Morrison, Taylor and Young.
The Council further resolved:-
to reject the procedural motion by Councillor Yuill, and therefore utilise the electronic voting system for the division between the motion by Councillor McCaig and the amendment by Councillor Boulton.
On a division, there voted:-
For the motion by Councillor McCaig (21) - Councillors Blackman, Cameron, Corall, Cormie, Delaney, Dickson, Jackie Dunbar, Greig, Jaffrey, Kiddie, MacGregor, McCaig, Malone, May, Noble, Samarai, Jennifer Stewart, Sandy Stuart, Thomson, Townson and Yuill.
For the amendment by Councillor Boulton (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, Nathan Morrison, Taylor and Young.
The Council further resolved:-
to adopt the amendment by Councillor Boulton.
In terms of Standing Order 15(6), Councillors Blackman, Cameron, Corall, Cormie, Delaney, Dickson, Jackie Dunbar, Greig, Jaffrey, Kiddie, MacGregor, McCaig, Malone, May, Noble, Samarai, Jennifer Stewart, Sandy Stuart, Townson and Yuill intimated their dissent against the foregoing decision.
- GEORGE ADAM, Lord Provost.