Agenda item

In accordance with the decision taken at article 1 of this minute, the following articles were considered with the press and public excluded. 

            DECLARATIONS OF INTEREST

Councillor Yuill declared an interest in the subject matter of the following article by virtue of him residing in a neighbouring property and as a Governor of Robert Gordon’s College; Councillors Laing and Young declared interests in the same article by virture of their positions on the Board of Governors of Oakbank School.  All Councillors withdrew from the meeting prior to consideration of the report. 

Councillor John Stewart also withdrew from the meeting during consideration of this item.  Councillor Clark substituted for Councillor Fletcher for the following two items of business only. 

With reference to article 51 of the minute of its meeting of 28 September, 2010, the Committee had before it on this day a report by the Director of Enterprise, Planning and Infrastructure which advised of developments resulting from the ongoing discussions with all parties having an interest in the future of the Pinewood and Hazledene sites.  The report detailed the options now available to the Council, the risks and benefits associated with each option, and an officer recommendation on the preferred way forward. 

The report recommended:-

(I)         that the Committee notes –

(i)        the main issue identified in ongoing discussions with Carlton Rock regarding the renunciation process for these identified sites; and

(ii)       the content of the advice provided by the Council's external legal advisers Brodies LLP regarding the two alternative options identified in discussions with the Council's tenants for the delivery of land renunciation; and

(II)        that having given full consideration to the benefits and risks of each of these two identified options to the Council, that the Committee instructs officers to either – 

(a)       develop with the assistance of the Council's external legal and property advisors an agreement between the Council and Carlton Rock wherein the Council gives a binding undertaking that should any future offer received, subsequent to a managed marketing process, commenced following Carlton Rock's delivery of all required renunciation land, meets or exceeds all criteria agreed prior to marketing commencing, then the Council will be bound to accept such an offer if recommended by officers and external advisors and will not, under the terms of the agreement, be permitted to decline to sell these sites should the Council so choose to do at that future time; or

(b)       develop with the assistance of the Council's external legal and property advisors an agreement between the Council and Carlton Rock wherein Carlton Rock provides to the Council a binding undertaking that should the Council enter into a disposal contract with a third party developer, following a managed marketing process and subsequent approval by the Council, then and only then will Carlton Rock be required to procure from the Council's tenant a renunciation of the land which forms part of the existing agricultural tenancy so enabling vacant possession to be offered to the identified developer; or

(c)        advise Carlton Rock and Robert Gordon’s College that the Council (i) does not intend to commence a managed marketing of these sites at an as yet unascertained date until a renunciation of the required area of land currently subject to an agricultural tenancy    has been received by the Council, and
(ii) reserves the right, having considered all offers received following any pre approved marketing process and all recommendations from Council officers and external advisors, to accept or decline         any/all offers;

            and further instructs officers to:

(d)       maintain all current channels of communication with all parties having an interest in this land and report back to Committee at a later date all significant developments; and

(e)       continue to develop, in conjunction with the Council’s external advisors, a marketing strategy, a tender      strategy and a joint working agreement with Robert Gordon’s College for subsequent submission and approval by Committee as soon as practicable.

With all members agreeing to approve recommendations (I)(i), (I)(ii), (II)(d) and (II)(e)  the Convener proposed that Standing Order 12 be suspended in order to allow the Committee to divide firstly between options (II)(a) and (II)(b), and then secondly between the preferred option in this regard and option (II)(c).  The Committee agreed to this course of action. 

On a division between option (II)(a) and option (II)(b), there voted: for option (II)(a) (5) – the Convener, and Councillors Clark, Collie, Dean and Graham; for option (II)(b) (0); declined to vote (6) – Councillors Cormack, Dunbar, Farquharson, Kiddie, McCaig and John West; absent from the division (4) – the Vice Convener, and Councillors Laing, John Stewart and Young. 

On a division between option (II)(a) and option (II)(c), there voted: for option (II)(a) (4) – Councillors Clark, Collie, Dean and Graham; for option (II)(c) (7) – the Convener, and Councillors Cormack, Dunbar, Farquharson, Kiddie, McCaig and John West; absent from the division (4) – the Vice Convener, and Councillors Laing, John Stewart and Young.

The Committee resolved:-

(i)        to note the main issue identified in ongoing discussions with Carlton Rock regarding the renunciation process for these identified sites;

(ii)       to note the content of the advice provided by the Council's external legal advisers Brodies LLP regarding the two alternative options identified in discussions with the Council's tenants for the delivery of land renunciation;

(iii)      to advise Carlton Rock and Robert Gordon’s College that the Council
(a) does not intend to commence a managed marketing of these sites at an as yet unascertained date, until a renunciation of the required area of land currently subject to an agricultural tenancy has been received by the Council; and (b) reserves the right, having considered all offers received following any pre approved marketing process and all recommendations from Council officers and external advisors, to accept or decline any/all offers;

(iv)      to instruct officers to maintain all current channels of communication with all parties having an interest in this land and report back to Committee at a later date all significant developments; and

(v)        to instruct officers to continue to develop, in conjunction with the Council’s advisors, a marketing strategy, a tender evaluation strategy and a joint working agreement with Robert Gordon’s College for subsequent submission