Agenda item

Members: Please note that appendix A will be circulated prior to the meeting.

Reference was made to article 11 of the minute of meeting of the Council of 25 April, 2007, at which time there was under consideration a report by the former Head of Resources Development and Delivery (remitted from the former Environment and Infrastructure Committee of 22 March, 2007 to the former Resources Management Committee of 29 March, 2007, which subsequently referred it to the aforementioned meeting of Council) which advised of the likely need to promote a Compulsory Purchase Order (CPO) to facilitate the acquisition of parcels of land required for the purposes of Access from the North Proposals (Third River Don Crossing), which the Council had agreed to pursue.  The resolution of the Council was to endorse the decision of the former Resources Management Committee to support the view of the former Environment and Infrastructure Committee that appropriate officers progress the CPO, notwithstanding the continuing efforts of agents appointed by the Council to negotiate voluntary sale agreements with landowners. 

The Committee now had before it a further report on the matter prepared by the Director of Enterprise, Planning and Infrastructure which advised of events since the decision taken in 2007, which had culminated in January, 2010, with the Council lodging a fresh planning application for a Third River Don Crossing.  The report also indicated that in addition to fulfilling the outstanding remit to progress the land acquisitions required for the project, certain parcels of land held by the Council under the Housing Revenue Account (HRA) and under Common Good, would need to be transferred to the General Services Account (Roads), an exercise which would require, in the case of HRA property, the approval of Scottish Ministers.  In all cases it was acknowledged that land transfers would be at market value.  It was also acknowledged that in the case of acquisitions from private landowners using compulsory purchase powers, the landowners involved may not be fully aware of the implications for them in that situation and in order to address that issue, a guidance document had been prepared, a copy of which was annexed to the report. The draft CPO document was circulated to members at the meeting.

The report recommended:-

that the Committee –

(a)       notes the content of the report;

(b)       resolves to make ‘THE ABERDEEN CITY COUNCIL ACCESS FROM THE NORTH PROPOSALS (“THIRD DON CROSSING”) COMPULSORY PURCHASE ORDER 2010’ and authorises the Head of Legal and Democratic Services to implement the necessary statutory procedures following on from the making of that Order; 

(c)        approves the delegation of power to the Head of Legal and Democratic Services and the Head of Asset Management and Operations, in consultation with the Convener of this Committee, to purchase land required for the scheme by a negotiated process in advance of exercising compulsory purchase powers under the CPO, assuming such purchases represent market value and are within the scheme budget; 

(d)       authorises officers to seek the approval of Scottish Ministers for the land required from the Housing Revenue Account to be transferred to the General Services Account (Roads) at market value, subject to the approval of the Housing and Environment Committee;

(e)       authorises the transfer of land required from the Common Good Account to the General Services Account (Roads), at current market value; 

(f)         notes that officers will provide regular updates to Committee in relation to progress with land acquisition against budget;  and

(g)       authorises the issue of a guidance document to parties whose properties are affected by the scheme, which outlines the CPO process and its implications.

The Convener, seconded by Councillor Fletcher, moved:

            that the report recommendations be approved and appropriate officers authorised accordingly.

Councillor Graham, seconded by Councillor Laing,  moved as an amendment:

            that the Council take no action on the matter.

On a division, there voted:-  for the motion (11) – the Convener;  the Vice Convener;  and Councillors Cormack, Dean, Farquharson, Fletcher, Leslie, May, McCaig, Wendy Stuart and John West;  for the amendment (4) – Councillors Crockett, Graham, Laing and Young.

The Committee resolved:-

that the terms of the successful motion be adopted.