City Archives - Page 16 of 41

Open Spaces Unltd Reply To Knabzco

Aberdeen City, Aberdeenshire, Articles, Community, Information, Satire and Humour No Responses »

Feb 222012

With Thanks to Rt.Hon. George Maloney III ( CEO Open Spaces UnLtd. )

The following contains a reply to some feedback Open Spaces Unltd received through youtube. Open Spaces UnLtd were recently contacted by a person by the name of Knabzco. After watching our Option 7 Campaign video Knabzco offered his/her opinion on our campaign.

“Well, at 499 views, I’d say you’ve probably impressed enough people to swing the vote. Not. Fucking bellend. Grow up.” – Knabzco

Open Spaces Unltd values highly any customer feedback, so without hesitation we responded.

“Dear Knabzco, thank you very much for your feedback on our campaign. The board are considering your comments and will send through their reply in due course. We are proud of our proposal and feel honoured that you would take 2 minutes out of your very busy day to send us your insightful words. You are most welcome to arrange a meeting with one of our managers if you would like to talk further about our wonderful company.

Much love to you

Kisses xxx”

Mr/Mrs/Ms Knabzco graciously continued the dialogue.

“I just find it incredibly arrogant of some people who are prepared to turn down an offer of 50 million pounds to bring their city centre back to life. There are towns and cities throughout the UK and Ireland which would bite your hand off for such an amazing offer. Sad. Really sad to see. I sincerely hope that common sense will prevail and the majority vote yes. If they’re retained, tell me, what will the Gardens look like in 10, 20 years time?” – Knabzco

Our CEO, Rt.Hon George Maloney III provided Mr/Mrs.Knabzco with a personal response.

Dear Mr/Mrs/Ms Knabzco

Thank you for getting in touch again Mr. Knabzco. We at Open Spaces Unltd feel that we cannot speak for the citizens of Aberdeen as we are an unlimited company but I would, speaking as an individual of course, like to offer my thoughts on the issue.

Our feedback analysis actually found the “arrogant” ones to be those in our society who have no regard for democracy or decency. I suspect, again speaking as an individual, that this result pertains to the veil of secrecy that surrounds the project.

Aberdonians do not respond well to threats, especially when they are being threatened by those who completely ignored their feedback forms.

I suspect that consumers in the city are unsatisfied with their choice of local quangos given that our foremost economic advisory body ACSEF, a board of millionaire businessmen with only 2 elected representatives, appears to have unrestrained influence over the economic direction in which our city is being driven. I also suspect that consumers are unsatisfied with the matter of public consultations.

In this particular case, consumers have been consulted twice and have, both times, called for the retention of the gardens.

Additionally, our Public Relations Department found that citizens did not care much for the marketing strategies of the pro-CGP teams. They felt that they had been delivered an ultimatum, a threat, if you will. Our research shows that Aberdonians do not respond well to threats, especially when they are being threatened by those who completely ignored their feedback forms.

I, again speaking as a citizen of the Granite City, feel that the public have been offered very little in the way of information about the funding mechanisms. The TIF scheme has a very blotted copy book and I wonder if the public aren’t beginning to get a little restless about the details.

Our team has, through vigorous investigation, shown that the consumers tend towards anti-austerity views. They felt that the Scottish Government were changing the rules of the game halfway through.

It was pointed out to me by one of our most esteemed clients that the original TIF pilot scheme only included funding for 6 schemes, but when the ACC scheme was not recommended by the Scottish Futures Trust (a body appointed by the government to scrutinize TIF applications and make recommendations on the sensibility of the business case to the government) to Holyrood, ministers decided that they might be able to find an extra £92 million to finance said initiative.

I suspect that the public, in these terrible times of austerity, simply feel that spending such money is not prudent, especially when one considers the number of budgets and services which are currently being liquidated and how that might affect the most vulnerable in our society.

Money does appear, at least to many people, to be buying opinion.

The final point I’d like make is that, according to our telephone survey, the public felt the referendum itself might be undemocratic. Many participants raised concerns about the funding of a group called the ‘Vote for the City Gardens Project’.

They felt that, as it had not registered as an official campaign organisation, it may be spending far more than the £8000 allowed to official campaign groups.

It was stated that the playing field was not very level. Especially when the Facebook page revealed that 50 anonymous business people (who have more money than the average campaigner) were behind the venture. Many of our participants had become disillusioned by and tired of the constant stream of Royal Mail-delivered pro-CGP propaganda dropping though their doors. The flyers, newspapers, radio adverts, videos and pro-CGP media were all identified as major concerns throughout the survey.

Money does appear, at least to many people, to be buying opinion. The pro-UTG groups simply do not have the funds that this unregistered group enjoy, and as a result the debate is not fair or balanced. I fear that such disregard for public opinion will lead to consumers simply withdrawing their savings from the confidence-in-business-elites-and-ACC bank and will oblige them to look for other ways to run their society.

I hope my humble offering has helped to shed some light on those “arrogant” people who may not be fully supportive of your personal view.

Thanks again, and please do not hesitate to contact us if there is anything else we can do for you.

George Maloney III

The Granite Web: What Would Howard Roark Think?

Aberdeen City, Articles, Community, Featured, Information, Opinion No Responses »

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.

BIG Pizza Party Fails To Deliver

Aberdeen City, Articles, Community, Featured, Information, News No Responses »

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

Greens Complain Over Mistakes In Referendum Mailing

Aberdeen City, Aberdeenshire, Articles, Community, Environment, Information, News No Responses »

Feb 202012

Aberdeen and Aberdeenshire Green Party is to complain to Aberdeen City Council over mistakes in the mailing and online information for voters in the Union Terrace Gardens referendum. Aberdeen and Aberdeenshire Green Party is one of seven groups participating in the referendum process in support of retaining Union Terrace Gardens. With thanks to Martin Ford.

Martin Ford and Rhonda Reekie at Union Terrace Gardens

As a registered ‘campaigning organisation’, the Green Party was entitled to have a 300-word statement included in the information pack sent out to voters. However, in the information posted out to voters by the City Council, about half of the Green Party’s statement is missing. Only the first five paragraphs are there, while the last six paragraphs are omitted.

There is also a word missing from the half of the statement that is included. The contact information given for the Party is not the contact information provided to the City Council for use in the referendum mailing.

Voters in the referendum can vote online at:
www.votesecurely.com/aberdeen

The statements provided by the various registered campaigning organisations are also included in the online information. As with the printed information sent to voters by post, about half the Green Party’s statement is missing.

It is reported that some of the statement submitted by Aberdeen Against Austerity, another campaigning organisation in favour of retaining Union Terrace Gardens, is also missing from the online information for voters. Another two statements run into one another without a break, so could appear to be one statement.

Commenting, the vice-convenor of Aberdeen and Aberdeenshire Green Party, Rhonda Reekie, said:

“I find it quite incredible that multiple mistakes could have been made in the referendum mailing. Wasn’t the material proof read? Even the most cursory check would surely have revealed that six whole paragraphs were missing from our statement.

“This is not good enough. This referendum is important and must be fairly and competently conducted. What has happened is not fair.

“Errors on this scale amount to gross incompetence by the City Council. The Green Party will be complaining to the Council in the strongest terms.”

The Green Party’s full statement can be read by voters on the party’s own website:
http://aberdeen.scottishgreens.org.uk/

Contacts:

Rhonda Reekie 01224 714135;
Martin Ford 01224 790052.

TIF – A Message From America

Aberdeen City, Articles, Information, News, Opinion No Responses »

Feb 192012

TIF – doesn’t this American innovation in borrowing just sound fantastic? You get to ‘unlock’ money, re-develop an area, and money comes flooding in. What could be wrong with that? Karin Flavill looks across the pond to the home of the junk bond and bad mortgages, and doesn’t like what she sees.

While arguments rage over the future of Union Terrace Gardens, there’s consensus about one thing. Tax Increment Funding is a somewhat difficult concept to get to grips with. Not because the basic definition is complex.

TIF funds development by borrowing against future business tax gains arising as a consequence of that development. New developments mean new business rates. The local authority keeps a portion of those business rates (from businesses that wouldn’t have moved into the area but for the development) to repay the loan.

The complexity arises in assessing how this mechanism can be applied in a manner that avoids various potential pitfalls. TIF is still very much in the experimental stages in the UK, so we lack a domestic reference point to understand how well the process is likely to work from start to finish.

When business is attracted from one area to another by a TIF funded development, it may be at the expense of another area. This is known as “displacement”. The area benefiting from TIF is pleased to lure business away with its spanking new TIF-funded development. The region losing out wants some protection against financial detriment.

The TIF scheme provides that tax increment coming at the expense of another region can’t be retained by the local authority to make TIF repayments. Like other NDRs, those increments must be sent to Central Government who will pool them with other funds then redistribute the funds equitably among regions.

Rather than being a tool to give cities a competitive edge and win City of Culture status for celebrated developments (the vision currently being promoted in CGP supporters’ referendum campaigns), TIF was first developed in the US as a means of helping regions to improve their most blighted areas. Gradual shifts away from this philosophy, and increasingly creative ways of arguing blight, have led to many states in the US tightening up legislation to prevent TIF from being awarded except where genuine blight is demonstrated.

Chicago is often cited as example of the TIF scheme being misused to benefit the areas that least need it. In August last year, a report was released outlining areas for improvement in the operation of TIF in that city. The report highlighted problems regarding the monitoring of TIF expenditure.

Taxpayers had not been afforded easy access to information that would help them understand the TIF process or to evaluate the performance of the investment. This reduced transparency of the process.

although the initial cost proposed was $224.3 million, ultimately the park cost $482.4 million

The harder it is for the ordinary citizen to understand the TIF process and to evaluate the success of the development it funds, the greater the potential for corruption and abuse of the process by those who do understand it, and who can make it work to their own advantage.

That some will seek and gain an advantage through cronyism is an unfortunate element of life from which no city is immune.

In the 1990s, Chicago Mayor Daley (no relation to Arthur) developed a strong attachment to a project that would come to be known as Millennium Park. A 16-acre landscape situated over an underground parking structure, it was built on top of Railroad tracks in an existing park called Grant Park. The architect involved was Frank Gehry who had won international acclaim for the Guggenheim Museum in Bilbao. The Chicago Tribune enthused that:

“The most celebrated architect in the world may soon have a chance to bring Chicago into the 21st Century”.

The park has certainly won many admirers worldwide and is, in many ways, an excellent model for what the City Garden supporters are hoping that project will become. Properties in the immediate surrounds have become very fashionable and have increased significantly in value.

For others there has been a hefty price tag. For example, although the initial cost proposed was $224.3 million, ultimately the park cost $482.4 million. The park has come at a very high price to Chicago residents in terms of cuts to funding of public services and job cuts that were necessitated by the cost of the park. Salt is rubbed into the wound, on occasion, when the park is closed to the public so that corporate functions may be held there.

During and after the building of the park, Mayor Daley was frequently criticised for alleged cronyism in the awarding of contracts. Other areas of the city continued to deteriorate, while their inhabitants observed the increasing wealth and prosperity of those parts of the city that benefited from TIF funded schemes.
Areas that never suffered from true blight in the first place, but which were a focus of interest for developers, politicians, owners of business premises and others who could make the TIF scheme work for them.

In some ways it’s puzzling that we, supposedly a far more socialist nation than the US, are applying a model of TIF so similar to that model which states in the US have been increasingly trying to move away from by drafting legislation that aims to help TIF function in accordance with its original aims.

There has always been a tendency for conservatives to condemn the poor for their reliance on state sponsored welfare, but in recent years have people started questioning more vigorously the exploitation of taxpayer financed schemes by the some of the biggest players in business (players who have traditionally, but not always accurately, been lauded for their self-sufficiency).

TIF deserves close attention for its potential to increase this problem. Failure to know, or care about, the original philosophy of TIF leaves us less alert to its potential for misuse that could worsen existing inequalities in our society.

The UK version of TIF springs from recommendations in a 2008 report by PWC and Core Group Cities for an alternative method of funding developments in core group cities (the 8 largest regional cities in England). The report is here.

It begins with commentary on the economic successes of the core group cities, and highlights continuing problems relating to unemployment and deprivation in some neighbourhoods. It states an aim to “rejuvenate communities, provide new employment opportunities and stimulate further economic growth.”

Promoters of the CGP dismiss the possibility of serious overspending as scaremongering

The report then discusses the increasing political emphasis on a devolved approach to economic development . A defining aspect of TIF is that it permits local authorities greater autonomy in the matter of funding developments once they have been granted the TIF loan.

For this to happen, they must submit a detailed business plan to the SFT who make recommendations to central government regarding feasibility.

PWC, having been involved in the UK version of TIF from its conception, is ideally positioned to assist local authorities with the preparation and submission of their business plans. Finance and Resources Committee meeting minutes from September 2010 discuss PWC’s remit in preparing a TIF business plan for approval by the SFT. The minutes refer to several important city projects the Council would wish to progress, whether or not the City Garden project went ahead.
See: https://docs.google.com …committees.aberdeencity …pwc+tif+business+plan

“The terms of PWC’s assignment make it clear that they are required to produce a business case that ensures zero financial risk for the Council.”

The Council states that it will make no financial contribution to the City Garden Project. The development must be funded wholly by private contributions and by the TIF loan and completed within the budget.

Promoters of the CGP dismiss the possibility of serious overspending as scaremongering. Chicago’s Millennium Park experience demonstrates, however, how this can and does happen. As a response to such concerns, Sir Ian Wood has pledged an extra £35 million. It’s not clear what will happen if the cost exceeds this.

Despite ACC’s insistence that PWC present a business case involving zero risk to the Council, the draft business case completed in January of this year contains no such promise. It focuses on minimising risk and balancing the risks involved in carrying out the project against the risks involved in doing nothing.

Outlining the need to attract investment and talented professionals to Aberdeen to assure future prosperity, the plan refers particularly to the energy industry. Due to the oil and gas industry being regarded as the primary targets for investment in Aberdeen, and Aberdeen’s existing status as the main centre in Scotland for this industry, PWC anticipate displacement being low (10%). A low anticipated displacement figure is essential for arguing the likely success of a business plan.

PWC appears to anticipate investment by that industry increasing in Aberdeen, alongside the increasing depletion of oil and gas reserves

Work is expected to be completed over a 5 year period beginning this year, with TIF borrowing being carried out in stages (the first draw down taking place in 2014). The proposed development is expected to create approximately 2 million square feet of commercial space and to speed up the development of a further 1.4 million square feet of commercial space.

The CCRS (City Centre Regeneration Scheme) predicts 6,500 new jobs resulting from the development. It should be noted, though, that that figure is a “by 2039” prediction.

The business plan states:

“Oil and gas reserves will run out over time, perhaps 30 years, and Aberdeen is looking ahead. It knows it needs to adapt its industrial base and re-examine how it creates wealth and prosperity. Aberdeen is confident it can do so.”

This project is to be completed in 2017, and its success relies significantly on a very low displacement figure of 10%. In presenting this figure PWC relies on the oil and gas industry, already present in Aberdeen (and therefore not being taken from other areas) being the main sources of increased investment in Aberdeen. Confusingly, PWC appears to anticipate investment by that industry increasing in Aberdeen, alongside the increasing depletion of oil and gas reserves in the North Sea.

Perhaps in anticipation of confusion about this assertion, much is made of the possibilities relating to renewable energy – an industry Aberdeen must embrace and develop expertise in, regardless of Donald Trump’s views. The question is whether developments in other areas area will not only compensate for the steadily diminishing presence of the oil industry, but expand to the point where the business plan can work as anticipated.

Regarding the City Garden proposed as a replacement for UTG, the report comments…

“While there is no direct benefit the fact that the City Gardens Project becomes a reality and underpins the CCRS will benefit Aberdeen’s wider population and business community.”

During a recent BBC Scotland debate, campaigner Mike Shepherd (a geologist with years of experience in, and expert knowledge of, the energy sector) was shouted down and jeered at by pro CGP hecklers. The latter have tended to define opponents of the City Garden Project as tree-huggers and luddites who will be crushed by the wheels of change. UTG has also been described, throughout the debate, as a dangerous area…despite police reports indicating far lower crime levels in UTG than in surrounding street level areas.

The debate has often been an acrimonious one, featuring conflicts of various kinds. Already the TIF pilot scheme in the UK form originally advocated by PWC has brought deep divisions to Aberdeen. It seems set to be promoting a cheerfully unapologetic attitude, amongst some in our community, with regard to social exclusion.

A popularly cited reason for getting rid of UTG is that this will also rid the city centre of people with drug and alcohol related problems. Presumably, relegating them to more blighted areas that would, were TIF being applied in a manner consistent with its original aims, be the areas actually benefiting from this scheme.

Jim’ll Fix It

Aberdeen City, Articles, Community, Creative Writing, Information, Satire and Humour No Responses »

Feb 192012

By Bob Smith.

A new player on the scene
His thrown the gauntlet doon
The weel kent face o Jimmy Milne
A local north east loon

Ti keep the gairdens bonnie
He’ll cum up wi some dough
If the citizens o Aiberdeen
Vote the Granite Web a no

Oh michty me oh fit a flap
City Gairdens Trust fair pit oot
O coorse they jist resorted
Ti pittin in the boot

Jim Milne he’s noo bein accused
O gettin the wrang eyn o the stick
Oor Stewartie’s jumpin up an doon
Like some puir demented prick

We micht bi seen Stewartie says
As a toonie wi nae desire
A place fits lacking ambition
A city fair left in the mire

Noo is ess nae jist scaremongerin?
Like fit FoUTG hiv bin accused
We aa ken fit yer tryin Stewart
Yer ploy we’ve aa jaloused.

Hats aff ti Jim Milne an his freens
Fer helpin in the ’oor o need
In the myns o aa the dooters
Ye’ll hae sown a positive seed

Time noo fowks ti aa staan up
Show the Granite Web the door
Vote ti retain oor bonnie gairdens
Wi Jimmy’s dosh we can aa score

Old Susannah No.68 – Untangling The Web

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Feb 172012

Old Susannah looks at the Granite Web, and the impressive effort it has taken to spin.

By Suzanne Kelly.

Tally Ho! Yet another vibrant and dynamic week in the Granite Web City. Whilst Friends of Union Terrace Gardens, Aberdeen against Austerity, and Democracy Watch engaged in some inexpensive grassroots campaigning by flyer, the mysterious Vote for the CGP group pulled out all the stops and spent, spent, spent.

You could be forgiven for thinking that Northsound is playing City Garden Project commercials non-stop. The Art Gallery has a swish new display showing the Garden plan in its Alice-in-Wonderland perspective and garish colours, and issues of The Granite Web compete in the ugly stakes with the A3 VFTCGP colour flyer sent out before.

News reaches Old Susannah that visitors to Aberdeen Royal Infirmary are being cheered up no end by pro-City Garden Project posters on the walls. There is no escape at work either, as employees of Wood Group (no surprise really), Nautronix, and Taqa all seem to have received lovely e-mails from bosses hinting gently that they should vote for the CGP.

I do find it very touching that employers are looking after their employees so well and giving gentle guidance which puts no pressure on them at all.

Why do I call the VFTCGP members secret? Because I was told in so many words by the BIG Partnership, which does PR for this group and, coincidentally, the artwork for the CGP, that “if the members want to stay secret, it’s up to them.”

But before I return to my Myth-busting busting activities started last week – I only got through the first four of the ten Myths the CGP team say we’re suffering from – condolences to Rangers fans.

Was this one of the top Scottish clubs? Yes.

Will this leave a massive hole in Scottish football? Yes.

Will other sides face similar financial clubs? Looks like it.

I believe one tycoon is still paying some £60,000 of his own money each time his team plays. I do hope this mogul is not getting overly financially stretched. I’d again ask the question if Loirston Loch land – in a Special Area of Conservation – should really be turned into a 21,000 seat football ground with offices and museum in this climate.

Donald’s granny was Scottish. This gives him good cause to call Alex Salmond ‘insane’

Well, I would ask, but the continuous concrete covering of anything green in Aberdeen seems unstoppable. Thankfully, we all have one tireless, gentle campaigner who is not giving up the fight for ‘Scotland’s heritage’. Step forward, Mr Donald Trump.

You might have seen one or two small news items saying that this gentle giant wants to build the galaxy’s greatest golf course on a no-doubt-underused stretch of coastline. He’s got rid of many of the view-blocking trees, but there are horrible plans to build windfarms offshore which could actually be seen by his guests, if you can believe that!

Now, windfarms don’t actually work very efficiently yet. The technology can, and should improve. But I guess we’re all agreed there are few things in life worse than being a rich golfer who might have to look at an offshore wind farm. For those people in favour of this kind of blot on the seascape, I would remind you that you’re forgetting something very important.

Donald’s granny was Scottish. This gives him good cause to call Alex Salmond ‘insane’ for supporting renewable energy. Please try to keep that in mind, thank you.

Finally, it might have been Valentine’s Day this week, but it looks like the May to December romance between Callum McCaig and Aileen ‘Ho’Malone is over. One of them is an over-blown, over-hyped, over-rated, naïve, headline-seeking soul, blissfully unaware that they are dangerously out of their depth. The other is Callum McCaig.

No more will they share a coalition; there will be no more romps on Tullos Hill; there will be no more late-night negotiations. Maybe yet the SNP will change its tune over the ridiculous cull of deer to plant trees that cannot possibly grow on Tullos Hill. Watch this space.

the taxpayers’ side of this great granite garden bargain is to borrow £92m and pay the loan, and its interest, back over decades.

There is certainly a current in that direction, not least fuelled by public anger and the wasting of some £43,800 to date. Still, a break-up is hard to take. Final confirmation of this great bust-up comes in newspaper stories announcing that the coalition is still absolutely fine. I am thinking of offering my condolences to Mrs Robinson, sorry, I mean Aileen.

I’m still thinking on it. PS. Message to Irene – feel better soon!

And now back to debunking the debunking of the Myths. The City Garden Project seems to be the only entity that’s been presented with these Myths, and I commented on the first four last week. Here are a few choice words on the remaining five Myths. Thank you CGP for printing these not-at-all-wild and not-at-all-made-up Myths – we’re all really onside now. Their comments are in bold. Old Susannah’s are in regular type

5. It will cost the taxpayer millions of pounds – FALSE.

Sure. All this happens for free, and you’ve not paid a penny, and you won’t pay a penny. I wonder if the CGP forgot about the £422,000, or probably more, of taxpayers’ money Scottish Enterprise has already spent on this project? And, no doubt, our CGP friends don’t think it matters that some of your city councillors voted to set aside up to £300,000 of your money for legal costs.

Old Susannah is still mulling that one over. A billionaire is ‘giving’ Aberdeen £50m, but there isn’t enough money on his side of the fence to pay the legal costs the city will incur? So, rather than getting granny a new wheelchair, or providing 24/7 care at homes which have just announced cuts etc etc, Wood wants your £300,000. But this £722,000, nearly quarter of a million pounds, is small change. we’re going to chop down existing, healthy trees, thus getting rid of wildlife that’s called the trees home for decades, if not centuries

Multiply that figure by ten and you get close to the amount of interest on the loan Aberdeen City Council has to sign for this project to go ahead, according to one of last night’s radio show speakers. Thanks to Original FM (on 105FM) for hosting last night’s debate. Anyway, the taxpayers’ side of this great granite garden bargain is to borrow £92m and pay the loan, and its interest, back over decades.

If the 6500 new jobs don’t come in and we don’t make £122m each year (I can’t wait to see how this happens), if we go over budget, if anything goes wrong – then it will cost us an unknown additional amount of money in repayments. The trams fiasco has reached a cost of nearly one billion pounds.

But this won’t cost you a cent. Honest, guv.

6. Fake, plastic trees – FALSE.

It’s a great Radiohead song but a lousy Myth. It has been suggested that fake plastic trees will be planted in the City Gardens to act as vents for the giant car park underneath. If any fake trees are seen they will be beside the flying pigs. 186 new trees will be planted, some of them mature and many will be Scots Pines.

Old Susannah doesn’t know where to start with this alleged Myth. She does find it reassuring to find that a job in public relations entails so much creative writing talent. I know of no-one who’s heard of plastic trees being part of the plan. However, if we’re building underground, then we’ll need plants with very tiny root systems. Goodbye 250-year old elm trees, one of only a few surviving clusters of elms free from disease, and home to wildlife. In comes progress. Who needs fresh air, wildlife, shade and beauty when you can have ramps?

we’re going to chop down existing, healthy trees, thus getting rid of wildlife that’s called the trees home for decades, if not centuries

My favourite bit is the announcement that the trees stay in the Gardens forever, as wood chip and seating. Well, you can’t say that’s not sensitive to nature. Still, the BIG Partnership’s student placement has managed to make a meal of a non-existent plastic tree myth. Perhaps someone will explain how mature trees are going to be magically planted in the new Gardens?

Where will their roots go, as there is meant to be underground parking? How do we get to have a thriving pine forest in the city centre – something that doesn’t seem possible according to experts including local architects?

If Old Susannah has this right, we’re going to chop down existing, healthy trees, thus getting rid of wildlife that’s called the trees home for decades, if not centuries, plant some new trees, and have the world’s only pine forest in a city centre.

The pines must grow faster than genetically-modified Leylandii hedges if the drawings I’ve seen are correct, and of course, no-one can fault the accuracy of these precision drawings. I like the giant transparent child romping over the flowerbeds best. So, replacing grass and trees with grass, concrete and trees can be done for only £92m. RESULT!

7. It will cost people their jobs – FALSE.

As a result of the project a projected 6500 new jobs are to be created, not taking into account the hundreds of jobs that will come as a result of the construction. In addition, a transformed city centre will breathe new life across the city, helping us become a World Energy City long after oil and gas has run dry in the North Sea. Existing businesses will be retained meaning existing jobs will be safe-guarded.

These 6500 jobs are going to be wonderful! What will they be? Well, for openers we’ve seen how well Union Square has protected high street businesses. Our small high street shops are struggling whilst multinationals got a cheap rent deal in Union Square. But clearly what we need is….more shops. Surely there is nothing we’d rather do than shop, and you can’t have enough shops can you? It’s not as if a glut of shops will ever result in shop closures, price wars and endless sales, especially ‘Going out of business’ sales.

I wonder if there is any reason that a cafe culture has never really taken off in Aberdeen? Could it be that it’s often too cold, too windy or too rainy? Could it be because the City Council consistently refused to allow anyone to run a snack bar or coffee kiosk in the shelter of Union Terrace Gardens? Clearly not. One wave of the granite wand, and just like those convincing concept drawings, we’ll all be sitting outdoors in short-sleeved shirts, drinking decaf mocha lattes while Toto play on the brand new stage, in front of the existing indoor theatre.

Right. The taxpayer is propping up the AECC with extra money since it can’t make enough by holding events. Same for the Lemon Tree. But the new theatre won’t have any problems making a massive profit and creating loads of jobs.

So, ‘how many theatres should a taxpayer prop up?’ is one question.

I for one can’t wait to sit through an outdoor electronic folk music competition in February. But, by winter, this theatre will be an ice rink, thereby competing with the ice rink the city tried to kill off before.

But no, there won’t be any harm to jobs. We’ll need people to cut down the trees and get rid of the wildlife. Then there will be jobs cleaning the graffiti off the Web. Yes, the Web will create more permanent jobs in small Aberdeen than the 2012 Olympics will create in Greater London. Rest as assured as I am on that point.

8. It will be entirely made from concrete – FALSE.

Obviously concrete will be used – would you like to relax, visit an exhibition or attend a concert on top of a cardboard box? The project has been carefully designed so there will be 95% more open, green space with a series of pathways providing access for people through, across and in and out of the gardens. These paths will be made of granite, crushed granite and wood.

By now, Old Susannah is finding the content of the dispelled Myths by BIG just a little bit patronising and smarmy. They thought they had to talk us out of believing in plastic trees. Now they explain that we need to sit on something more robust than a cardboard box. Thanks for that! Appreciated.

So, ‘how many theatres should a taxpayer prop up?’ is one question. ‘How many competing businesses should Scottish Enterprise suggest?’ is quite another. They used to have rules on displacement and suchlike, but these seem to have gone, probably about the same time as your employer started to tell you how to vote.

This project has been carefully designed. Of course it has. More green space, but somehow it manages to have a giant concrete, sorry, granite theatre which takes up some 15% minimum of the existing Gardens. They count the giant granite potato-crisp shaped thingy over the stage as green space.

what if the architects were to give us some drawings showing how these ramps will work safely now rather than later?

Of course it won’t sustain any wildlife, and at best will be a thin wedge of sod over concrete, but if they want to call it green space, fine.

I guess these people call anything green space if they can colour it green with Crayolas on their paper plan.

Looking at the slope of the ramps both up and downwards, I’m wondering how the aged, infirm or wheelchair-bound are going to find this system easier than the current access. The current access could use an additional ramp and you could probably do this for less than £92m as well. For the truly baffled, there is ground level access on the north side, not far from the theatre. This is where vehicles somehow manage to get in.

Clearly there is no other way to ‘relax and visit an exhibition or attend a concert in this town.’ Let’s borrow £92 million and build this beauty.

9. There will be no railings in the Granite Web, people will fall from the paths – FALSE.

Safety will be paramount. The concept design shows the various walkways at different levels but the final design will show how these work safely. And, seriously, do you think any development in a country obsessed with health and safety would get off the ground without proper safety measures?

Our PR work placement is patronising us again. I might be old, but here’s a crazy idea – what if the architects were to give us some drawings showing how these ramps will work safely now rather than later? Are they going to be enclosed, and of course, not at all potential rat traps? Are they going to have fencing that somehow won’t look like Stalag 17? How will wheelchair users go up and down these steep ramps? Details, details.

Well, Old Susannah has run out of space for one week. We will return to normal definitions next week, and take a closer look at who is behind ‘Vote for the City Garden Project’. You will, of course, want to know what businesses are in this group, to make sure you can reward them with your custom. Or not.

Finally, many thanks to those brave business people who have stuck out their necks in favour of saving our city’s only unique, free, green garden.

That’s you, J Milne. It is appreciated.

Super-Natural: The Urban Landscapes Of DS+R

Aberdeen City, Articles, Community, Information No Responses »

Feb 172012

A lecture by Charles Renfro, held at the Robert Gordon University, Tuesday the 14th of January. By Jeremy Millar.

I pulled on my black turtleneck and picked up my Mac book pro and set off for the lecture. Would I be mistaken for an architect; yes I was – it’s all in the attention to detail. The theatre was pretty full, with architecture students to the back, and bolder interested parties to the front. Charles Renfro is an engaging character – think Niles Crane amalgamated with Andy Warhol.

He had flown in especially for this event, and encountered the usual techie difficulties in getting his gleaming Mac book pro to talk with a PC campus. The lecture was a run through of a number of the DS+R projects, and very impressive it was too.

At their heart DS+R are artists, often very clever and imaginative conceptual artists. This approach is exemplified by the ‘blur’ installation on lake Neuchatel in Switzerland. This brought to mind ‘Smoke on the Water’ for some reason. This building was a folly in the architectural sense and Charles spoke of playing with the senses as the visitor entered the water cloud and saw nothing. Like many of the DS+R projects there is an element of passing through, rather than destination.

The revolving trees in Liverpool are another witty play on perception.

Understandably the main focus of the lecture was on the High Line project in New York. I have to say that I was a fan before, and now I am even more so. This project demonstrates all that is great about urban design. It involves people with their environment on so many levels. There are many small spaces along the route that offer opportunity for performance. There is a sense of people owning and playing up to the intimacy of these spaces. If it is not to your taste – well you can just move on. It was, however, sooo New York – and I was reminded of “just a New York conversation rattling in my head”: thanks Lou.

a walk-through video that involved much playing of the bagpipes

I was impressed by the way in which the High Line acknowledges routes and roots, and builds in memory of decay and goes wild. Charles is keen on letting the DNA show through and inform the evolution of the space. He ably demonstrated this with the Lincoln Centre and the new Rio gallery designs.

Loving what I’ve seen so far, in that it is visionary, interactive and accessible. These projects are also all in large metropolises with sophisticated urban elites, and large numbers of tourists pretty much the year round. There is no question that I would visit if in New York, Rio or Boston.

And so onto the ‘City Garden Project’ for which Charles launched a walk-through video that involved much playing of the bagpipes. The key words and phrases included diversity of ecology, ideas pulled from existing context (that DNA concept) sustainability, green lung, reconnecting the city, reinforcing heritage moments, keeping topographic interest; and I have to say he lost me.

I could see some of the connections to the successful DS+R projects, but this vision betrayed a fundamental absence of an understanding of what makes Aberdeen unique both architecturally and culturally. The DNA of Aberdeen city centre is in the crisp Victorian lines of squares, crescents and terraces. The grand public buildings echo a past of commerce and culture as one strolls down Union Street.

The visual dominance of ‘education, salvation and damnation’ overlooking the gardens and leading the eye round to the gallery are rightly flagged up in guides to the city.

The gardens as they stand reveal this DNA and tell Aberdeen’s story. Charles in his presentation showed photographs of this evolution, the exposed Denburn, the trains pulling into the station, the bandstand and the vistas beyond. This legacy would be obliterated, and as for the DNA, we would have some balustrade and two statutes. I would defy any visitor to read the city from the perspective of the Web, unlike the active interpretation gained from a stroll along the High Line.

A question about the merits of consultation with the public gained an acknowledging that this had not happened

Granite is what makes Aberdeen noteworthy. The city centre is a symphony of granite. Apart from the granite in the name of the Granite Web it barely features in the design. The talk of the eye being drawn to new perspectives is compromised by the edifice of the Web blocking views towards the Theatre and the Terrace. The parade of arches under Union Terrace barely feature in the walk through.

The biodiversity of the various garden spaces are for me messy and confused. The High Line took it’s planting from the wild flowers that colonized the derelict line and the wildness was utilized to great effect. The current gardens are formal with wild edges and they reflect a city rightly famed for this form of planting. If people want to experience the Scot’s pine they can catch a bus to the Duthie Park. We have parks for all tastes and occasions in Aberdeen. There is no need to create a microcosm of the northeast in the city centre.

There was time for a few questions. A question about the merits of consultation with the public gained an acknowledging that this had not happened, although there was an awareness of the controversy. DS+R worked to the brief and they may consult more widely if the referendum is successful. There was no acknowledgment of contact with heritage groups at any stage of the process. Charles has made four visits to the city and feels he is getting to know it.

A question about the profile and presence of the arena space referred to as the ‘butterfly’ draws on the restaurant at the Lincoln centre, and both attempts to sit in the landscape and be iconic. There was an acknowledgement from Charles that this is a work in progress and they will get it perfect.

There was a question about sustainable build and climate change. Charles said that the build will reach the highest standard and will probably be the first in Scotland to do so. He talked to the advantages of green roofs for maintaining ambient temperatures. He did not address the concrete involved in the build, but did say that he was given materials to work with.

A further query focused on the tunnel through to the station. Charles was clear that this is not part of the project, but the Web would provide the opportunities for others to take these developments forwards. The man from Keppie spoke of connecting with the harbour and opening access to Aberdeen’s other areas in 10, 20, 30 years. He added that the project is about creating an identity for Aberdeen going forward.

Make Union Street a cultural space and preserve the gardens

A question followed which addressed scale of the design and queried the numbers of people required to make the space work. The observation that Aberdeen was not New York was made.

Charles interestingly responded by reference to walking on Union Street and having to ‘fight’ people off. He went on to claim that the Web would provide the space for people to escape Union Street, which he acknowledged was dying, with the malls draining the energy away.

He then went on to claim that a range of cultural programming would attract people to the Web. It would be a melting pot for all the different populations that are around. In a further observation about walking down Union Street in the rain, he wondered why the ‘sidewalks’ couldn’t be bigger.

The final question was the magical one, and asked Charles that knowing what he knows now and if given a free rein to develop a project – would he go for the current one? The answer was of course, absolutely. He then returned to his battling down Union Street theme and made the obligatory one man and his dog in the gardens observation of the usage of the gardens by the public.

So there you have it. For me the most revealing evidence from Charles came with his ‘Why can’t the sidewalks be bigger’. In looking into the tranquil sanctuary of the gardens from the bustle of Union Street he was blind to the answer beneath his feet. Pedestrianise Union Street: create a space, a green corridor that revitalizes the Street; brings together all the successful elements of his other projects, preserves and lets the DNA speak. Make the Street a cultural space and preserve the gardens – subject to access improvements and recreational attractions – as the sanctuary within the hustle and bustle of ‘downtown’ Aberdeen.

The final train journey along the High Line delivered turkeys to New York for Thanksgiving.

Don’t let the City Garden Project deliver another architectural turkey to Aberdeen. Vote ‘Retain Union Terrace Gardens’ in the referendum.

Cue ‘Won’t Get Fooled Again’…

A Lot Hinges On Allotment Court Case

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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

Set the rent payable in terms of the contract and the date on which the initial rent is payable
Make a direction as to when the rent shall be reviewed and the dates on which future rents shall be payable
Govern the circumstances under which the landlord is entitled to resume possession
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
Direct how the tenancy may be terminated by a tenant
Restrict the entitlement of a tenant to transfer the tenancy
Limit the use to which a tenant may put an allotment and restrict him/her from keeping livestock
Regulate the dimensions and type of hut that a tenant may seek to erect and control where it may be situated
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.

MSP Calls For Public Bodies To Stay Impartial On UTG

Aberdeen City, Articles, Community, Information, News No Responses »

Feb 162012

With thanks to Lewis MacDonald MSP.

North East Labour MSP Lewis Macdonald has called on Scottish Enterprise to maintain an impartial position in relation to proposals for building over Union Terrace Gardens, as city residents prepare to vote on whether to support the scheme.
Lewis Macdonald has written to Regional Director of Scottish Enterprise, Maggie McGinlay, seeking her assurances that she and the agency will not attempt to influence voters in the upcoming referendum on the proposed City Gardens Project.

Lewis Macdonald said today:

“The Scottish Government has indicated that it will consider the use of Tax Incremental Financing should the referendum indicate public support for the building over of Union Terrace Gardens. However, there is concern that this finance model is unsuitable as the City Gardens Project would not generate sufficient additional non-domestic rates income for the loan to be paid back.

“Whether to proceed with the City Gardens Project or not has become a very contentious issue in the city, and in light of these very reasonable concerns about the funding mechanism, it is crucial that publically accountable bodies, such as Scottish Enterprise, are impartial. That is why I have written to Maggie McGinlay for her assurance that Scottish Enterprise will not take a public view on this proposal, and that she will not do so either.

“Given the importance attached to the result of the referendum by both the city council and Scottish Ministers, it is essential that public bodies accountable to those ministers do not seek to influence the outcome of that referendum.”

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