Agenda item

The Committee had before it a report by the Director of Resources which provided details in relation to the decision of Historic Environment Scotland (HES) to place a Category A listing against 8 multi-storey buildings in Aberdeen City Centre, and outlined the impact of this on the Housing Revenue Account and options available.

The report recommended:-

that the Committee –

(a)      note the content of the report in relation to listing of all 8 multi- storey buildings at Category A by Historic Environment Scotland and the implications of this on the council and owners; and

(b)      note the advice in relation to the appeals process for a listing and instruct the Chief Officer - Corporate Landlord to review this advice and if there are competent grounds for such an appeal to submit this within the required timescale, incurring such professional fees as required, within the Delegated levels of the Chief Officer - Corporate Landlord.

The Convener, seconded by the Vice Convener, moved:-

           that the Committee –

(1)    approve the recommendations contained within the report;

(2)    note the Briefing Paper January 2021 which states "Importantly, an appeal can be made only on the grounds that the building in question is not of special architectural or historic interest and should be removed from the list.";

(3)    agree the buildings in question are not of special architectural or historical interest and as such should not be Category A listed;

(4)    agree to instruct the Chief Officer - Governance to obtain Counsel’s opinion for a Judicial Review, if the appeal is unsuccessful, the cost to come from existing budgets;

(5)    agree that the Co-Leaders write the following letter to the Local Government and Housing Minister, Kevin Stewart MSP to be signed by any group leader who wish to put their name to it, seeking his support in lobbying Scottish Ministers against this unjust decision; and

(6)    agree to delegate authority to the Chief Officer – Governance, following consultation with the Co-Leaders, to determine whether to instruct a Judicial review after consideration of the opinion received and within the legal timeframes and to report that decision to Group Leaders.

Dear Kevin,

LISTING OF THE ABERDEEN INNER CITY MULTI STOREY BLOCKS

As the Local Government and Housing Minister and MSP for Aberdeen Central, we call on you to show your support for Aberdeen City Council by working with us as we oppose the decision by Historic Environment Scotland to list 8 multi-storey buildings.

We enclose the report that was presented to the City Growth and Resources Committee meeting on 3^rd February, along with our successful motion which indicates our willingness to appeal the decision by HES and seek opinion on a Judicial Review.

Our officers have been instructed to submit an appeal, as we believe this decision by Historic Environment Scotland will have a negative impact on the council, council tenants and owner occupiers.  Given the gravity of this decision, the City Growth and Resources Committee also instructed the Chief Officer Governance to obtain an opinion on the likelihood of success in a Judicial Review, with the cost of the opinion being paid for by the council.

As the appeal is to Scottish Ministers it is extremely important that Aberdeen City Council has the support of the Local Government and Housing Minister, especially as this decision is clearly foolish.  Aberdeen requires Scottish Ministers to see sense and agree that listing these buildings as special interest or historical interest Category A is simply not sensible when you consider parts of historic Edinburgh Castle are only listed as Category B.

If the appeal fails and the opinion is favourable, it is likely that the council would wish to proceed to a Judicial Review. As you will be aware from the Salmond/ Sturgeon Scottish Government court case, judicial review can be expensive. On that basis, as the Minister responsible for both housing and planning, we would be grateful if you could confirm you will speak directly to the First Minister on this matter, particularly as you are on record saying the HES decision is ludicrous.

As you will be aware the council’s Administration have brought forward ambitious plans to build 2,000 new council homes and, as these homes will be completed to a gold standard, we believe they will be the envy of local authorities throughout Scotland. Whilst you have to date been silent in relation to our house building programme we are confident that you too will welcome these high quality homes and commend Aberdeen City Council for building more social housing despite the severe financial challenges we face. Given the decision by HES may jeopardise our progressive housing plans we certainly hope we can count on your support to help have the decision to list these buildings overturned.  

We look forward to hearing from you by return.

Councillor Nicoll, seconded by Councillor McRae, moved as an amendment:-

           that the Committee approve the recommendations contained within the report.

On a division, there voted:- for the motion (5) – the Convener, the Vice Convener and Councillors Boulton, Houghton and Laing; for the amendment (4) – Councillors Cooke, McRae, Nicoll and Yuill

The Committee resolved:-

to adopt the motion.