Feb 232012
 

Aberdeen Against Austerity, a group campaigning against the £140m redevelopment of the historic Union Terrace Gardens, has released the following statement in response to the P&J article headlined, “Police probe attacks on city garden team” of 21 February 2012. The statement is published verbatim as received by Voice with only minor graphical changes made to AAA’s release to comply with Voice’s house style.

These allegations by Mr Smith and as yet unnamed others are strong indeed – e-mail hacking, online bullying and harassment and personal threats are all criminal offences.
We at Aberdeen Against Austerity are not responsible for any of the alleged offences and do not believe any of our fellow Retain Union Terrace Gardens campaigners would stoop so low either.

We are opposed to unlawful tactics being employed by anyone in this important debate over the future of our city, as dirty tricks cheapen both sides’ arguments. However, we worry that the sensational coverage of these criminal allegations in the Press & Journal and Evening Express will serve as a deterrent to ordinary people speaking out, who oppose the City Gardens Development.

The referendum campaign is being fought on a far from level playing field. Six of the seven groups registered against the development are comprised of ordinary citizens (the 7th being the group of Labour City Councillors). By registering as campaign groups we have all been bound by the referendum rules, which allow a maximum spend of £8,524.45, although most groups have no budget at all.

Of the pro-development campaign groups, only three are registered, allowing the vast majority of campaigning to be done outwith the rules, and at huge expense, by PR company The BIG Partnership on behalf of those who propose the City Garden Project. Their Vote for the City Garden campaign has so far included 4-page flyers and newspaper-style brochures to every house in the city, constant radio advertising on all the local stations, a Facebook page manned by full time staff and daily coverage in the local newspapers.

As with any modern debate, much campaigning is being done online and this is where Mr Smith alleges bullying is taking place. Both sides are being equally forthright in their postings on social media, but Aberdeen Against Austerity are certainly not interpreting the strong wording of some of our opponents as bullying or harassment.

We have chosen to rise above any personal slurs and engage in debate based upon facts and we can still have a wee smile at those posts which satirise us and our efforts, because as Aberdonians we retain a sense of humour.

Aberdeen Against Austerity wonders if Sir Ian Wood, who has donated £50m of his own money to the controversial City Gardens Project, will be reporting local comedians Flying Pig Productions to the police for this week’s P&J column The Butter-Fingered Philanthropist.

Feb 232012
 

Next Friday (March 2nd) we will know the fate of Union Terrace Gardens. The results of the public referendum will be announced then. Will there be wild celebrations in the park itself or will the champagne corks be popping in the boardrooms? writes Mike Shepherd.

The Importance of Union Terrace Gardens 

I agree with the comment that in your mental map of Aberdeen, Union Terrace Gardens is at the centre of it. This observation gets right to the core of the controversy.
I’ve heard Sir Ian Wood dismiss the idea of building a civic square on the St Nicholas site. As far as he is concerned the Denburn is the heart of Aberdeen, and that’s where the civic square / garden should go.

The fate of our park will be highly symbolic for the future of Aberdeen city centre. If you agree to retain the Gardens, it’s a statement that heritage matters in the city centre and there is a will to maintain the historical nature of down-town Aberdeen.

On the other hand by agreeing to build a modern park and structure, this would probably give the green light to extensive development of the city centre. As the TIF business report for the City Garden Project states, the scheme could stimulate the establishment of a central business district and the accelerated construction of city centre office blocks.

The alternative is so much more attractive. With Jimmy Milne’s business fund we could sympathetically restore Union Terrace Gardens at a fraction of the cost. It would be a marker for preserving our city centre heritage.

The Erosion of the Character of the Granite City

My background is geology and I grew up near Rubislaw Quarry.  The geology of Scotland varies so much, it means that each town and city has its own distinctive building stone. This creates a strong sense of place and belonging unique to each part of Scotland.

I was born in Aberdeen and I love the granite buildings with a passion. It breaks my heart when one is pulled down and a concrete and glass box of no redeeming character is put in its place. I would agree with the sentiment expressed in the old Aberdeen City Plan (very tellingly omitted from the new plan that has just been approved):

“The standard of design in new development has been raised as a widespread cause for concern during the preparation of this Local Plan. This is one reason why new development can raise so much hostility amongst the public and this situation must change. The City has such a rich and relatively intact heritage of older buildings that shortcomings of newer ones are all the more obvious. It is necessary to encourage better design.”

The loss of Union Terrace Gardens could be the start of Aberdeen losing its special character as the Granite City. More and more old buildings may be lost, until the city starts to look like everywhere else. This would sadden me immensely.

A Test for Local Democracy

I also see the Union Terrace Gardens as a test case for local democracy. Despite the public referendum, local democracy has failed miserably on the issue. The development of Union Terrace Gardens was imposed on the public from the start with no serious attempt to build consensus. A so-called public consultation was run essentially as a marketing exercise, and when it failed to convince the Aberdeen public, it was conveniently ignored.

The recently held ‘public consultation’ on the design is remarkable in that the results were not even made public. Even the referendum has been lop-sided, with a massive public relations exercise on one side combined with a local press willing to publish anything it gets. There have been some new lows in recent days (see Richard Pelling’s article on the subject).

Will the public assert themselves against the machine? I hope and trust they will. If not, expect much more of the same.

A Waste of Public Money

Recently I received an email from the managing director of an oil service company in Aberdeen. He described the idea of using Central Government funds for the City Garden Project as a terrible waste of investment and infrastructure money. His opinion is that the city centre development will not affect the decision by oil companies and personnel to move to Aberdeen or otherwise.

“Companies invest in Aberdeen because of the fantastic talent pool, the high standard of living, the stable fiscal regime (assuming Osborne doesn’t have any more surprises), the access to West Africa and other merging oil & gas regions which are increasingly supported from Aberdeen.”

I agree. What is calamitous is that if Aberdeen Council was going to apply for TIF funding, they could have found much better projects than Sir Ian Wood’s city garden. How about these:

a. Revamping the Beach area

b. De-bottlenecking Aberdeen’s congested roads

c. Building the AREG renewable energy centre

 – And just about any other project you could think of.

If the City Garden Project goes ahead, we will have replaced a park with a park. Is this what we should be doing with public investment money in Aberdeen? Most certainly not.

If you agree with any of this and you haven’t voted yet; vote Retain Union Terrace Gardens (the option that does not destroy our Granite City).

Feb 232012
 

By Suzanne Kelly.

Electro wizards Fridge Magnets have been nominated in the Best Electronic Act category at the Scottish Alternative Music Awards.

Fridge Magnets have already shared big stages with Calvin Harris, Alex Metric, Japanese Popstars and Burns and have played at T in the Park and Rockness.

With this nomination, they appear to be going from strength to strength. Their early demos have already been featured on Radio 1 and the Glaswegian/Aberdonian outfit are attracting attention from some big London labels.

The Scottish Alternative Music Awards ceremony takes place at the Garage, Glasgow on 1 March and you can cast your vote at http://officialsama.co.uk/vote/ by clicking Fridge Magnets in the Best Electronic Act category.

See them live:

March
1st – SAMA Awards and after-party, Glasgow
16th – Doghouse, Dundee
24th – Tunnels, Aberdeen
30th – 20 Rocks, Falkirk

April
13th – Chambre69, Glasgow with Hot Chip DJ Set
18th – Death Disco, London
21st – The Nest, LondonMay
5th – Hootenanys, Inverness

June
1st – Devils Disco, Edinburgh

View videos: 

Death of Rock N Roll video http://bit.ly/dornrvid
Feeling Grows video http://bit.ly/feeling_grows

For further information:

Barry Saint
Studio 11
10 Acklam Road
London
0208 968 8236
barry@distiller-records.com
www.facebook.com/TheFridgeMagnets

Feb 222012
 

Almost every time Karin Flavill looks at the design for the Granite Web, the same question comes to mind. “What would Howard Roark think?” Intrigued? Read on.

Howard Roark is the hero of The Fountainhead, a novel by Ayn Rand.

Rand is a controversial writer; aspects of her objectivist philosophy were transported across the Atlantic decades ago and transformed into what we call Thatcherism, so it’s safe to say that she draws strong opinion, from those who have heard of her, both here and in the US.

The attraction of The Fountainhead for me was that it gave me a glimpse into the unknown, that a philosophy designed to help the wealthiest members of society feel not simply financially superior to those who struggle, helps them feel morally superior to them too.

What is it that tyrants see that allows them to derive a sense of well-being when they look in the mirror? Reading Rand can help you find out, even if it’s unlikely that in reality, many of society’s bullies and elitists have the personal qualities and ethics Rand depicts in her heroes.

Roark may be a more interesting and relevant reference point than some other fictional characters who have entered the Granite Web versus Union Terrace Gardens debate. Jake the Ghost and Morris the Monkey for example, as promoted by the BIG Partnership, seem to have a peculiar and hopefully incorrect impression of what moves Aberdonians to vote.

Roark is his own man, and is Rand’s idea of the Perfect Man. A gifted and original architect, loathed by the majority for his innovation and commitment to the future, he despises architecture which draws irrelevantly from the past. His designs are modernistic and often hard for people to understand. The few who do understand become his friends, and are held up to the reader as exemplary beings.

In some ways, Howard Roark would seem to be another ideal spokesperson for the City Garden Project. On the other hand, this objectivist hero’s deepest contempt would be reserved not for those who disliked his designs, but for that partnership between business and government which is so conducive in the long run to crony capitalism. Hello, ACSEF.

  The pro-Union Terrace Gardens lobby regards the existing Gardens as a unique prize which could be something magical

Leaving the politics aside for a moment, would Roark look at the design and love it? I don’t know. I’m not an expert on architecture, but I do know a little more about people, and about conflict, and about the factors causing people beginning to feel alienated in their own city. Such doubts seem to be at the heart of this debate.

The pro-Granite Web lobby feels that Aberdeen requires a drastic makeover for it to become a place they would want to continue living in and that others would want to move to. The pro-Union Terrace Gardens lobby regards the existing Gardens as a unique prize which could be something magical if only people who understood it were listened to. The original Peacock Visual Arts design symbolises what could have been.

Throughout The Fountainhead, examples and analyses of the character’s genius as an architect are provided. One passage is, for me, particularly telling. Self-made man Mr Mundy has heard that Roark is a great architect, and would like Roark to design a house for him. Roark meets with him to ascertain what kind of man he is and subsequently what kind of house he would be happiest in.

“There was a place,” said Mr Mundy, “Down there near my home town. The mansion of the whole county. The Randolph place. An old plantation house, as they don’t build them any more. I used to deliver things there sometimes, at the back door.”

He goes on to describe the ways in which he would like to recreate that dream house, the house of his aspirations. From what we already know of Roark, he would dislike the notion of recreating something from the past. However, that’s not at the root of his disapproval of Mr Mundy’s aspirations. This is:

“It’s a monument you want to build, but not to yourself. Not to your life or your own achievement. To other people. To their supremacy over you. You’re not challenging that supremacy, you’re immortalizing it….Will you be happy if you seal yourself forever in that borrowed shape?…You don’t want the Randolph place. You want what it stood for.”

In other words, it’s not simply technical skill, the vision of the artist and the ability to give the client what he wants that makes Roark a great architect. He sees who people are, not as they want to be seen, or as they try to be seen, but as they are. It’s this ability to look past the hype, the pretence, self-advertising and PR that enables Roark to build houses in which people can feel truly at home.

Think of your own dream house. Would it be one that somebody else had designed? A talented design team who would create something that was a compromise between their personal tastes and your picture of who you would like to be? Who furnished it in accordance with those same principles? Would it be your home, or would it be a design piece reflecting aspirations of who you wish you were, rather than who you really are?

  Who are we, in Aberdeen? A conflict like this forces us to consider that question in some depth

The promotional video for the Granite Web presents a futuristic world peopled with white, transparent figures ambling aimlessly through flower beds, staring uncomprehendingly at car parts dangling from a roof, drinking coffee. Observe, consume, observe and consume.

These transparent figures aren’t creators or innovators. They simply absorb, passively, that which has been transported from elsewhere to make the city seem more impressive to outsiders. A place that might, at some future date, be awarded City of Culture status!

The promotional literature keeps insisting that this will be the people’s park. It encourages readers to imagine themselves consuming all that the park has to offer, in the belief that this will result in them achieving a sense of ownership over it. There will, we’re promised, be spontaneous performances, but it’s not clear who will provide these. Perhaps musicians drafted in from outside.

Who are we, in Aberdeen? A conflict like this forces us to consider that question in some depth. My impression, living here, has always been that Aberdonians tend towards reserve, despite night-time scenes on Union Street when alcohol loosens inhibitions. The notion that we can buy a totally different character for Aberdeen, via an expensive raised park, seems dubious at best.

Union Terrace Gardens exemplifies the typically reserved nature of the Aberdonian. Like a Christmas tree that contains only a few, semi-concealed fairy lights, it is capable of emitting the magical quality that a garishly decorated tree cannot. The magic of mystery and discovery, and something very different from the usual variation on the iconic city centre park that is springing up all over the world.

One person’s iconic, radical, inspirational park is another person’s pretentious vision of future dystopia. I’ll admit I belong to the latter category, which is why I’ve already voted to retain, and improve, Union Terrace Gardens. Peacock Visual Arts was a local initiative which would have provided a place where people interested not just in consuming the arts but in contributing actively to them could have congregated. That was an exciting notion.

The Granite Web, on the other hand, constitutes yet another ‘space’ in which the people who live here may perform a passive consumer role.
Sir Ian Wood believes that he is giving Aberdeen a gift, and has expressed hurt that many in the city fail to appreciate this. The difficulty is that altruism doesn’t always create a sense of self respect in the recipient.

The price paid for that altruism is that the opportunity to create and innovate is taken away from people in the community, limiting their opportunity to participate to that of being passive consumers. For some, regardless of the risk of being branded ingrates, that may be too high a price for them to enter voluntarily into this particular contract.

Feb 212012
 

With an armful of flyers promoting various pro ‘Retain Union Terrace Gardens’ groups, Aberdeen Voice’s Suzanne Kelly headed to the first of two ‘pizza parties’ thrown by the secretive ‘Vote For The City Gardens Project’ group.   Suzanne was  unable to give away more than four flyers – because less than a half dozen students turned  up to hear the pro CGP message.

If the promise of free food to students isn’t enough to lure more than 5 or 6 people, things are looking bleak for the VFTCGP, and bleaker still for PR agency, BIG Partnership.
VftCGP, on their official Facebook page, announced last week there would be two ‘free pizza!’ events thrown for students; a free pizza dinner was theirs and all they had to do was show up to hear a pro-City Garden Project lecturer – Paul Robertson.
At first most FB readers assumed this was a spoof thrown by the ‘Retain UTG’ groups – but no, this was actually someone’s idea of a vote-winner.

We all know the proverb about the incompetent who can’t even arrange a drinking session in a brewery; but I was unprepared for what must be the biggest non-event in history.

The Facebook invitations simply read:

“Free Pizza And Information Night! Come join us for free pizza and a chat with Paul Robertson about the City Garden Project on Monday 20th February, between 6pm and 7pm at the RGU: Union”.

Thinking back to my RGU course days, I thought a.  how insulted I would be at someone blatantly trying to buy my opinion – with pizza no less, and b.  how often I could have found a free meal very handy indeed.  This event would be packed.  The invites were also sent to staff and students.  I thought of a massive collective of outsiders and RGU students and staff competing for quickly-disappearing ‘American Hots’ and ‘Hawaiians’ before a slick presentation from BIG.

BIG must be making a huge amount of money from the referendum – it is doing some if not all of the official City Gardens Project group’s PR, as well as work for the ‘Vote for the City Gardens Project’ group.  This last group, VftCGP is allowed to spend and write whatever it wants without any external controls.

They were behind the A3 glossy colour brochure filled with ‘concept’ drawings in lurid pastel colours (or ‘vibrant and dynamic’ colours – depending on your outlook); these brochures were delivered not only to city voters, but also to shire non-voters.   Perhaps this was the first sign of many mistakes and gaffes to come?

I arrived late; it was 5:50pm.  Had I missed the free pizza? 

Would I get through the crowds?  Would I be admitted?  I went to the RGU Union reception desk, and was told the event was really only for RGU students.

“How many are already signed in?”  I asked.

“You’re the first one.”  came the reply.

It was explained that I needed to be signed in by a RGU Union member.  A tumbleweed rolled by.

Eventually a man arrived who explained he’d received the invitation which said nothing about it being only for students.  Is it possible that BIG didn’t get all the little details right – like who should be allowed in?  It seemed so.  The reception desk got in touch with someone – presumably the organisers and we were allowed to attend the event.  It was almost 6pm.

  A sea of empty chairs and a few sofas greeted our eyes.  We were the first two arrivals.

My friend and I went to the designated area.  The song by The Specials, ‘Ghost Town’ went through my mind.  Two students played pool further off.  A man tended the food/drink area. Three BIG PR  professionals (who looked like students to me) were fumbling with a screen, a laptop and a projector.

There was me and my new friend, who if possible was even more against the concept of building ramps over UTG than I was.

A sea of empty chairs and a few sofas greeted our eyes.  We were the first two arrivals. We sat in the back of 8 or 9 rows; the chairs of which had all been covered with a copy of The Granite Web newspaper, and a fetching postcard of the concept drawing captioned “Wish You Were Here?”.  It crossed my mind the organisers must have wished people were here, too.   But no one was.

My new friend explained to me his position against the CGP.  He had attended a meeting in the days of the consultation; Sir Ian Wood had addressed a group of Health & Social Sciences faculty and staff at the Garthdee campus.  My friend said:-

“I was there all that time ago, and Sir Ian Wood told a group of about 24 of us that if the consultation showed that people didn’t want the gardens developed, then he would walk away.  He walked away all right – and came back.” 

My new friend was not happy.

“I know people have their own opinions about what should happen to Union Terrace Gardens,” he said; “but I object to PR people muddying the waters.  Instead of corporate BS we need facts and honest debate.”

It was approximately 10 minutes after 6.  It was three people fumbling with technology, and my friend and I at the back.  Had any PR professionals come over to introduce themselves?  Welcome us?  Offer out any pizza?  No.

But what was this?  Two male students showed up.  They looked at eachother, then at the empty seats.  They sat in the front row.  As they didn’t seem to have been made welcome by the professional BIG team, I wandered over.

“I can’t buy you any pizza,” I explained; “and I can’t afford any print or radio commercials.  However, I’d like to offer you some literature just so you can see the other side to the coin.”

“I’m a social work student, and I’m not in favour of this plan.” one of them said.  He spoke about money, and seemed to know quite a bit about this nebulous scheme.

They took my literature.  One of the PR bods – a woman with dark hair, watched this little exchange between the student and I, and looked for all the world as if cold water had been poured on her.  It  kind of had.

It was 6.15 now.  There had been no welcome to the visitors.  There was no presentation ready to roll. 

There was a Lady Gaga video playing over the pool table which made as much architectural sense as the Granite Web newspapers thay lay unread and unwanted on the empty chairs.  And – there was no pizza.

What was that?  Three more people had arrived.  I repeated the procedure and gave them flyers too.  It seemed that was all they were going to get.

“Does anyone know how to work presentations?” one of the BIG  crew asked.  Answer came there none.

My friend admitted to me he knew all the ins and outs, as did I.  But by now things were getting poignant, and moved by pity for the fumbling threesome, I simply had to leave.

I made my farewells to my new friend, who promised to call me if anything exciting happened, if the numbers swelled, or if the pizza showed up.  I do not expect to hear from him.

“I went to that fly-through thing at the art gallery.  I really don’t know what decade they were trying to capture.”

I thanked him and headed off.  Just as I turned to leave, it seemed the three-man crew managed to power up the projector.  A yawn of excitement emanated from the four or five remaining hungry students.  Perhaps I’ve missed the public relations event of the year.  Well, there is always tomorrow at Aberdeen University at 6.30 pm.  Then again, I think I’l lbe washing my hair.

As I turned to leave, more than 15 minutes after the advertised start time, I think one of the three began to speak.  The film ‘Withnail and I’ came to mind.  At  the end of this film the unequalled Richard E Grant gives a rendition of Hamlet’s famed soliliquoy to a collection of animals at the Regents’ Park zoo.  He is brilliant, but there was no one there to appreciate his message.

Poor BIG.  Poor paying clients of BIG.  Richard E might have had no audience, but at least he had something important, heartfelt and honest to say.

Picture Credit: Renee Slater

 

 

 

 

 

Feb 192012
 

On March 1st the Aberdeen branch of Scottish Palestine Solidarity Campaign will be hosting three exciting speakers at Aberdeen University: Fathe Kdirat and Itaf Njoum Karma from Jordan Valley Solidarity, and Leehee Rothschild from Boycott from Within (Israel).

Fathe and Itaf, both Palestinians, will be discussing Israel’s destruction of communities and the environment in the Jordan Valley, and the on-going illegal Israeli settlement construction that continues to drive Palestinians from their land.

The Jordan Valley makes up a large section of the West Bank, around 28% in total.  It has been one of the worst affected areas of the West Bank during the Israeli occupation, which began in 1967.

The occupation saw the Jordan Valley’s population drop by 88% and was thereafter the site of Israel’s first settlements.

Since the occupation Israel has gone about taking almost complete control of the area.  This map (click to follow link) published in December 2011 by the United Nations Office for Co-ordination of Humanitarian Affairs (OCHA) shows that 15% of the Jordan Valley comprises  settlements (blatantly illegal under international law[i]), 27% comprises nature reserves, often used to control natural resources such as water supply (to the detriment of Palestinians) and 56%  comprises  closed military areas.

In addition, 87% of the Jordan Valley is designated Area C, i.e. under Israeli control. The 1993 Oslo Accords divided the occupied West Bank into 3 sections: Area A, under the full control of the Palestinian Authority (3% of the West Bank); Area B, under Palestinian civilian control and Israeli military control (25%); and Area C, under the full control of Israel (72%).  Designating land as Area C gives Israel unlimited autonomy to do as it pleases and to ignore the rights of Palestinians.  For example, according to UN OCHA 94% of Area C planning applications submitted by Palestinians were denied between 2001 and 2007.

One of the main focuses of Israel policy in the area is to clear the Jordan Valley of its Bedouin population.  In September 2011 the Israeli government announced its plans to expel 27,000 Bedouin from their homes and lands in the Jordan Valley.  This process is due to be completed in the next 3-6 years; the initial stages have already begun.

The role of activism, resistance and international solidarity is crucial in the fight to prevent this attempted ethnic cleansing of the Jordan Valley.  Fathe and Itaf will talk on how Palestinian communities and internationals are working together to witness, catalogue and resist Israel’s actions, and the importance of the Boycott, Divestment and Sanctions (BDS) campaign against apartheid Israel.

One crucial component of the BDS campaign is the small but important resistance movement within Israel itself.  This includes the campaign group Boycott from Within.

“We, Palestinians, Jews, citizens of Israel, join the Palestinian call for a BDS campaign against Israel, inspired by the struggle of South Africans against apartheid. We also call on others to do the same.” Boycott from Within Website

Organisations like Boycott from Within are operating within a state becoming increasingly reactionary to the growing success of the calls for the end of the occupation, equal rights for Palestinians within Israel, and the right of return for Palestinian (the three main tenets of the BDS campaign).  In July 2011 the Knesset (Israeli parliament) passed an anti-boycott bill, criminalising those who support boycotts of Israel or its illegal occupation and settlements.

The bill has implications for individuals and organisations alike; for example companies deciding not to source products from illegal settlements in the West Bank may be barred from government contracts.  More recent Knesset bills have turned their attention to NGOs working in Israel, such as groups aiming to promote human rights.

One such law proposes to place a limit on the funding NGOs can receive from foreign governments and institutions, meaning many will be unable to function.

Leehee Rothschild will be speaking about her involvement in internal resistance movements such as Boycott from Within and Anarchists Against the Wall, as well as exploring issues of propaganda within the Israeli education system.

The talk starts at 7pm on March 1st in room 268 in the MacRobert Building at Aberdeen University.  For more information contact: Aberdeen@scottishpsc.org.uk


[i] for example see the International Court of Justice ruling 2004, the Fourth Geneva Convention, and UN Security Council Resolution 446

Feb 172012
 

Voice has learned that Aberdeen’s allotment holders may well be close to resolving their long- running dispute with Aberdeen City Council. The swingeing increases imposed in the Council’s 2008 and 2009 budgets have added 152% to bills in a 12 month period for some gardeners. With thanks to Frank Taylor.

Readers may recall that Finance Minister John Swinney confirmed to local MSP Dr Nanette Milne that a local authority would not be entitled to collect rent under regulations which had not been formally confirmed by Scottish Ministers in terms of the Allotment (Scotland) Act 1892.
Regulations made under this provision have no legal effect without ministerial confirmation.

Aberdeen City Council maintained that legally it can to choose whether or not to make regulations for its allotments. Allotment holders do not dispute this, but when the Council claims it has chosen not to make regulations, allotment holders do dispute this.

The allotment holders feel that irrespective of what the Council says it has chosen to do, it has in fact made regulations, but by choosing not to have them confirmed by ministers, the Council has no legal right to enforce these.

The dispute is now at the Sheriff Court as the Council has raised proceedings against Frank Taylor, secretary of Bucksburn Allotments Association. Mr Taylor eventually lost patience with the Council, withheld the rent for his allotments and challenged the Council to raise proceedings against him for recovery of rent and possession to allow the Court to clarify the issues.

Mr taylor told Voice that he did not encourage the Council to raise proceedings against him ‘without a great deal of thought and soul-searching’. There are extremely serious consequences for him should the Court find against him. He may have to surrender possession of his allotments and be found liable for the Council’s costs as well as his own.

He is, however, extremely confident in the merits of his arguments.

The term ‘regulations’ is not defined in the allotments legislation and it is a well-established legal principle in such circumstances, that an undefined word shall be interpreted according to its normal and ordinary meaning.

‘Regulation’ is defined in the Oxford English Dictionary as ‘a rule or directive made and maintained by an authority’. Aberdeen City Council is a local authority.  So, has ACC made any rules for the management of its allotments?

Before being granted tenancy, Aberdeen allotment holders are required to indicate their acceptance of a list of conditions in the Council’s ‘Conditions of Let’ letter. Mr Taylor has provided us with a copy and points out that ‘rule’ is a synonym of ‘Condition’ in the Oxford Thesaurus of English.

That seems to put the issue beyond doubt, especially since the Council in its own Condition 9, refers to that condition as ‘a rule’.
To reinforce his views, Mr Taylor says it is evident that the conditions imposed upon him are used to

  1. Set the rent payable in terms of the contract and the date on which the initial rent is payable
  2. Make a direction as to when the rent shall be reviewed and the dates on which future rents shall be payable
  3. Govern the circumstances under which the landlord is entitled to resume possession
  4. Direct who shall be entitled to assess compensation to a tenant on outgo and restrict the right of any other person to input into that process
  5. Direct how the tenancy may be terminated by a tenant
  6. Restrict the entitlement of a tenant to transfer the tenancy
  7. Limit the use to which a tenant may put an allotment and restrict him/her from keeping livestock
  8. Regulate the dimensions and type of hut that a tenant may seek to erect and control where it may be situated
  9. Direct that a tenant may be removed if he does not achieve the required standard of husbandry.

The terms used – ‘manage’, ‘administer’, ‘set’, ‘govern’, ‘restrict’, ‘limit’, ‘direct’ and ‘control’ – are all synonyms of ‘regulate’. There is no doubt that every condition in the Conditions of Let letters regulates, or has the effect of regulating, matters pertaining to the management and administration of allotments owned and let by a local authority.

So has Aberdeen City Council made regulations for its allotments? Has the Council made a regulation by setting a rent? Will a Court disagree with Mr Taylor? He is confident of winning the case..

The Council’s Court Action has been founded on Conditions or an alleged breach thereof.  If the Court decides that these Conditions are Regulations, then the local authority’s Court Action will automatically fail.

Feb 162012
 

By Belle Mont

Robbie, ma loon, jist turn aroon
Pit doon the daisy, boot up yer Mac
A twenty-first century parcel o rogues
Hell-bent on destroyin fit lies at your back.

Wallace, my friend, when it came to your end
You were tortured and flayed, stretched oot on the rack
But tak up yer shield to show we’ll nae yield
‘til the vandals and money-men are driven richt back.

Salvation, look doon o’er the apron afore ye
Verdant and colourful, unspiled and free
Replaced by a latter-day usurer’s temple?
Frown sternly upon those fa wish it to be.

Hey Byron min, look roon the corner
And wonder, ‘far’s next for concrete and tar?’
The Gairdens destroyed? The wreckers micht lobby
To fill in the corrie of dark Lochnagar

Granite-hewn monuments, proud parts of heritage
We call on your spirit, for now is the hour
And, toonsers a’wye – fae Bucksburn to Pointlaw
Save these great Gairdens. We have the power.

Belle Mont
February 2012

Feb 162012
 

By Stephen Davy-Osborne.

This weekend will see secondary school pupils from across the region create a right song and dance in the Aberdeen heat of Rock Challenge UK.
The event, which takes place at the AECC on Saturday, will see performances put on by pupils of the city and shire’s academies on the big stage in front of a huge audience, each hoping to win a coveted place in the first ever Scottish final.

Scottish Regional Representative for Rock Challenge UK, Lesley-Ann Begg, said:

“This really is such a special event. It allows young people to get up there on the stage, at somewhere as big as the AECC, and put on a performance, doing something that they love, in front of all their friends and family.”

Rock Challenge is a world-wide performing arts competition for children aged 12-18. Young people perform with their school and are given eight minutes to express themselves through dance or drama. Ms Begg said:

“The idea behind Rock Challenge is to try and promote an adrenaline high, getting young people away from drink and drugs and into something more creative.”

After the Aberdeen heat this weekend, the winning acts will join the winners from the two other Scottish heats, held earlier in the month in Inverness and Arbroath, for the Scottish final in Dundee on June 23.

“This really is quite exciting,” Ms Begg added. “We’ve never had a final in Scotland before. In the past we have always had to travel down to Grimsby. This just shows how popular the event is becoming.”

Tickets for Saturday’s heat are available from the AECC Box Office and ticketmaster.co.uk

Feb 102012
 

The uncertain fate of the ancient elms in Union Terrace Gardens is highlighted by Mike Shepherd.

There are 77 mature trees in Union Terrace Gardens and a few more along the adjacent railway line. It is not clear how many of these will be felled during the construction of the proposed City Garden; however most will probably go. An Evening Express article suggested that they will all be removed, whilst it was mentioned at the January council meeting that some of the trees in the north-west corner may be kept.

Rather bizarrely, the same Evening Express article mentions that the wood from the Union Terrace Gardens trees could be recycled for the construction of the City Garden, that is for paths and the wooden roof of the outdoor stage, “keeping them in the garden”.

It is proposed that the new trees in the City Garden will comprise a “mini-forest” of 186 trees, mostly Scots Pines.

The fate of the twelve elms in the park is a highly controversial issue. A handful of these trees are considered by the council to be at least 200 years old. They may be even older. A report gives mention to the planting by the Town Council in 1764 of a thick woodland on the hillside to the west of the Denburn.

The trees in the park are disease-free. Occasional comments made by certain ill-informed councillors that Dutch Elm Disease is present in the Gardens are not true. The trees are inspected from time to time. The symptoms of the disease show up in the summer when leaves turn yellow and fall off early. This has not been seen in any of the Union Terrace Gardens elms.

 As far as mature trees in the city are concerned, the council can do what it wants.

The disease, a fungus carried by bark beetles, has devastated elm trees throughout most of the UK. It is estimated that more than 25 million elms have been killed by the disease with very few mature trees left.

The disease spread to the north of Scotland only in the last twenty years and pockets of relatively disease-free elms have survived here. Aberdeen city is one such pocket. The disease has been recorded in only a few trees in the west end of the city, but it is generally absent.

Elsewhere in the north-east, Dutch Elm Disease has recently been killing large swathes of elms. Most, if not all, of the elm trees on Drum Castle Estate have succumbed, for example. It is to be hoped that the city stays relatively clear of the disease for as long as possible.

Aberdeen is said to have “possibly the largest remaining population of elms in Northern Europe that has not yet succumbed to the deadly Dutch Elm Disease.”
http://frontpage.woodland-trust.org.uk/ancient-tree-forum/atfgallery/galleryphotographers/geoffbanks/images/geoffproject.pdf

The mature trees in Union Terrace Gardens have been assigned Tree Preservation Orders by the Council. A document is available online which explains the policy towards protected trees in Aberdeen. The following are quotes from the document:

“A tree preservation order (TPO) is an order made by us, giving legal protection to trees or woodland. A TPO prevents cutting down, uprooting, topping, lopping, wilful damage or destruction of trees (including cutting roots) without the council’s permission.

“The purpose of a TPO is to protect trees that contribute to amenity and the character and attractiveness of a locality. Other factors such as heritage and wildlife value can be taken into account. A TPO gives the council an opportunity to assess the impact of work to trees or proposals which may affect them.” However, it goes on:

“The existence of a TPO can not in itself prevent the development of land taking place, but the council, as planning authority, has a duty to have regard to the preservation and planting of trees and the likely effect of development proposals on trees is a material consideration.”
http://www.aberdeencity.gov.uk/nmsruntime/saveasdialog.asp?lID=25378&sID=13464 

In other words, as far as mature trees in the city are concerned, the council can do what it wants. A tree preservation order on the Union Terrace Gardens elms does not necessarily protect them.

The result of the referendum on the Gardens in March will also decide the fate of the elms. For some in the city, it is a major issue. They see the removal of the trees in Union Terrace Gardens as a crime against nature. These are amongst the last surviving mature elms in the country, Europe even.

For many it would be a sad day if and when they are chopped down. There is an online petition to save the 200-year old elms:
http://www.petitiononline.co.uk/signatures/save-the-200-year-old-elms-in-union-terrace-gardens-aberdeen/4168