Agenda item

The Committee had under consideration, by way of a remit from the Strategic Development Planning Authority (article 6 of the minute of the meeting of 26 March 2010 refers), a request to consider the proposed amendments to the Minute of Agreement between Aberdeen City Council and Aberdeenshire Council which governed the operation of the City and Shire Strategic Development Planning Authority (SDPA). 

The Committee had before it a copy of the report by the Strategic Development Manager which explained that there were a total of six amendments proposed to the minute of agreement as follows (further details were set out in Appendix 1 to the report), and sought approval for the following proposed amendments:-

• Aims and Objectives – the Minute of Agreement includes 16 specified aims and objectives for the SDPA.   Due to the establishment of the SDPA during the preparation of the Structure Plan, Aim 3 was to complete the Structure Plan which was being prepared pending the preparation of the Strategic Development Plan.   The preparation of the Structure Plan is now complete and this Aim can therefore be deleted.
• ACSEF – the Regional Economic Development Partnership changed its name in 2008.   It is proposed to update references to its new name, “Aberdeen City and Shire Economic Future”.
• Preparation of Accounts – the original Minute of Agreement had been prepared on the basis that the SPDA’s accounts would not be audited independently of the two Councils.   However, in early 2009 the SDPA received notification that Audit Scotland had decided to treat all four SDPAs as independent public bodies for audit purposes.   Rather than the timetable set out in the Minute of Agreement, draft accounts now need to be prepared, agreed by the SDPA and submitted to Audit Scotland by the end of June each year.
• Freedom of Information – the Minute of Agreement currently requires the SDPA to publish a “Publication Scheme” under the Freedom of Information (Scotland) Act 2002.   However, discussions have taken place with the Scottish Information Commissioner and have concluded that such a requirement is unnecessary.   It is therefore proposed to remove this obligation from the Minute of Agreement.
• Financial Regulations – the Minute of Agreement specified the use of Aberdeenshire Council’s financial regulations by the SDPA.  However, the audit position of the SDPA and the opinion of Audit Scotland as expressed in its “Report to Members 2008/09” means that the SDPA’s own regulations are required.   The SDPA agreed its own set of financial regulations at its meeting of June, 2009 and this now needs to be reflected in the Minute of Agreement.
• Data Protection – matters relating to data protection were not covered in the original Agreement but it is important that the position of the SDPA is clarified.   Given the joint nature of the SDPA, it is necessary that Aberdeen City Council and Aberdeenshire Council both act as Data Controller and Data Processor for the purposes of the legislation.  

The Committee resolved:-

the proposed seven changes to the SDPA Minute of Agreement, (as detailed above).