Mar 192012
 

A proposal to build a road through woodland in Ellon has come under fire from a group set up to support the management of the area. The intended purpose of  road is to provide access for the development of 250 new homes. Those opposed to the plan believe the road is unnecessary, destructive, and in contravention of a Blench Charter. Friends of McDonald Park founder member Lynn Gilbert brings Voice readers the story.

The plan is being opposed by Friends of McDonald Park, a group set up by Aberdeenshire Council in 1990 when the Council bought the superiority of the Park from the charity Barnardos.
The aim of the group is to support the management of McDonald Park for the benefit of the community. We have done this by planting bulbs, trees and a hedge as well as regularly clearing litter from the ground and from the Modley Burn.

The Park was given to the Burgh of Ellon in 1928 by Sir James McDonald and is governed by a Blench Charter.

The terms of the Charter state that the Park should be used for recreational purposes only, that nothing should be done which is detrimental to the Park and that its area is not to be reduced in any way.

In 1996, we successfully opposed a plan by Aberdeenshire Council to use part of Caroline’s Well Wood, the east section of McDonald Park, as a bus park for Ellon Academy. On that occasion we raised the terms of the Blench Charter and an alternative solution was found without destroying any of the Park.

In 2010, builders Barratt East Scotland and Scotia Homes were given Council permission to construct 250 houses in Ellon’s Castle Meadows but it was only when marks appeared on trees in the east section of the Park, that it became apparent that the plan was to construct a road through it, from the development site to Golf Road. I made enquiries on behalf of the Friends and was told that the road had been approved by councillors.

In August 2011, the Friends were informed in a Council Estates Department letter that an S75 Legal Agreement for the application had still to be signed, and were asked for their views on the proposed access. The same letter stated that legal advice given to the Council was that:

“vehicular access must facilitate/improve public access to the park and cannot be granted purely to allow development”.

The Friends voiced total opposition to a road through the Park, stating that it would be in contravention of the Blench Charter since it would not improve public access to the Park, but was solely for the development. It would also involve the felling of a large number of mature trees in an area inhabited by red squirrels, bats and spring/early summer migrating birds.

It would seem that councillors were not satisfied with the legal opinion offered and they sought further advice several times from Sir Steven Stuart QC. This was given in a privately-heard report presented at a Formartine Area Committee (FAC) meeting on 6 December last year. It suggested that temporary construction access could possibly be granted, subject to a number of safeguards and agreements being in place.

  The Friends and many others have lodged objections to the planning application

On 17 January, a report to the FAC, again heard in private, proposed a temporary five year construction access which would become a pedestrian and cycle path once the five years had elapsed. This temporary access would be a tarred road with lighting and other services and which would involve the felling of at least 99 mature trees.

It would take a fifteen metre slice of the woodland at the Golf Road end, this increasing to nearer thirty metres at the top, a significant area of the Park.

It seems that when councillors first approved this access, they were not aware that they themselves were in fact Trustees of McDonald Park. It was in this capacity that councillors had to consider the application at their 28 February meeting, and as Trustees they rejected it.

This application is to be considered at a Planning meeting on Tues 20 March.

The Friends and many others have lodged objections to the planning application, and I have asked to speak at the meeting should it be heard there. Quite apart from the effect of this road on the woodland, a precious asset to Ellon, there is another matter to be considered.

Construction traffic using Golf Road would access the Park at the rear of Ellon Academy, an area used by a large number of Academy pupils and mothers with buggies walking into Ellon. There are two other access roads to the development, but some residents along these routes would rather see part of McDonald Park destroyed than have traffic pass their homes.

Interestingly, the site of this proposed access is given as ‘Castle Meadows’ on the planning application, when in fact it is McDonald Park. This makes it easy to overlook the reality of the situation.

Further info: Save McDonald’s Park Caroline’s Well Wood Ellon : Facebook Page
Image credit: Ian Jukes 

Feb 242012
 

Peter Veritas makes the case for voting “Retain”.

1.  There is a very real danger that the City Garden Project will bankrupt Aberdeen.

The City Garden Project (CGP) is planned for a greenfield site which would require substantial excavation. It is a five acre, five storey, underground construction that would span both a main road and a railway track

It’s roof would be required to hold approximately ninety thousand tons of topsoil, the same weight as the worlds largest aircraft carrier.  It is projected to cost £140M.

Union Square, which is of a similar size, was built on a flat brownfield site with good access. The final cost was £250m.

Marischal College is a much smaller existing building that was recently renovated.  No major construction was performed.  The final cost came to £65M.

Given that context, how can we be expected the believe the estimate for The City Garden Project is realistic? Should the City Garden Project experience a similar scale of overspend to the Scottish Parliament Building or the Edinburgh trams, then the shortfall could conceivably be of the order of £360M.  The city, which is already £560M in debt, would be liable for this overspend.

It could not be rolled up into the existing loan, and would require immediate payment.  Failure to cover the overspend would result in us being left with a dirty hole in our city centre.  The only options open to the council would be to auction off it’s remaining assets, such as the other parks, to property developers, and to increase council tax  massively.  Public services which have already suffered severe cuts would be totally decimated.

2.  Aberdeen has suffered badly from previous developments.

St Nicholas House, the New Market, The Denburn dual carriageway, the Denburn Health Centre, The St Nicholas Centre, and Virginia Street are all universally acknowledged as failures that now blight our urban landscape.  Aberdeen lost many beautiful buildings to clear the way for those developments.

The people who campaigned against those architectural and planning atrocities are also campaigning against The City Garden Project.  They’ve been proven right time and time again. Perhaps it’s time we listened to them?

3.  We already voted against this Project under a different name.

There is something sinister about the City Garden Project.  It was originally conceived as the City Square Project (CSP), and envisioned as a five acre flat concrete piazza.  That proposal only emerged after Peacock Visual Arts were given planning permission to embed an unobtrusive arts centre into the hillside of Union Terrace Gardens.  Sir Ian Wood pledged £50M to build The City Square, but promised to scrap the Project if the public rejected it.

That was then put out to a flawed public consultation, in which the public voted against by a substantial majority, despite the online survey mysteriously defaulting to a “yes” vote.  Sir Ian then reneged on his promise and continued to push the concept, the council ran roughshod over the electorate, and by the casting vote of the Lord Provost, consigned the Peacock plan to the dustbin.

Sir Ian has consistently stated that he will only contribute his £50M to this particular proposal and nothing else, and that if we reject his proposal then he will divert the money to Africa.  His behaviour is baffling.

4.  There has been an air of deception around The City Garden Project.

The City Square Project was rebranded as The City Garden Project.  During the Project’s second coming the public were presented with six designs and invited to vote on them. None Of The Above was not a option.

Aesthetically, the public appeared to favour the Winter Garden design.  From a conceptual perspective The Monolith design was arguably the most cohesive.
The appointed panel then refused to release the outcome of this public vote and instead selected The Granite Web, a design for which very few people acknowledge having voted, and which many people considered to have been among the weakest.

CGP propaganda has continually claimed that Union Terrace Gardens are a dangerous place, but Grampian Police crime figures reveal that they are actually among the safest places in the city centre. Neighbouring Belmont Street, which the plans propose to connect to the Granite Web, is statistically the worst area for street crime.

Under the rules of the referendum, registered campaign groups are limited to £8k spending to maintain a level playing field.  However a mysterious group of anonymous business people has allegedly ploughed £50K into sending pro-CGP propaganda to every home in Aberdeen City.  This is not within the spirit of the referendum and is arguably a breach of the rules.

It has been claimed numerous times that the 250 year old elm trees in Union Terrace Gardens are diseased, but a recent report by a tree surgeon has given them a completely clean bill of heath.  These elms are among the last surviving in Europe, and they flourish both due to their isolation from other elms, and because the pollution of the city prevents Dutch Elm disease from spreading to them.  These trees are all covered by a preservation order.

5.  Those arguing in favour of the City Garden Project are mostly connected to it in some way.

Scotland’s top public relations firm were engaged to promote the Project, which may be why the majority of stories that have appeared in the local press have been fawningly in favour of the CGP.

Those who have argued the merits of the Project, both in the press and on-line, are interconnected people with an as-yet unknown agenda.

In addition to the numerous PR professionals being paid thousands of pounds each day to present the case, there are several property developers, the owners of assorted the premises on Union Street, and various oil company executives.

No fewer than three city councillors, who backed the Project, recently announced that they intend to stand down, and have also revealed that they are planning to leave the city.  Virtually all of those involved are members of Acsef, Scottish Enterprise, the Institute of Directors, and The Chamber of Commerce.  The same dozen people feature time and time again in the groups which have come out publicly in favour of the Project.  The same people wearing different hats.

6.  The economics have no basis in fact.

Tax Incremental Funding (TIF) is intended to fund the redevelopment of brownfield sites.  Businesses which later setup in and around those sites pay increased business rates which repay the cost of the development in a similar manner to a mortgage.  The business case for this Project bends the rules since the increased rates will not be gathered for the site itself, but from two new industrial estates, located several miles away and for which planning permission has already been granted.

The 6,500 jobs and £122M of projected annual revenue are a product of these new industrial estates working at full capacity. This is almost  guaranteed to occur anyway without The Granite Web.

Furthermore, the paid author of the reports is PricewaterhouseCoopers (PWC), which has recently been fined £1.4m for audit failure.  PWC rates the TIF case at Risk Level 3, where 4 is the highest risk.

7.  To save the architecture of the Denburn Valley

None of the Granite Web mockups, artists impressions, or video, have addressed the issue of the rear elevation of Belmont Street.

This is home to some of Aberdeen’s most spectacular architecture, descending right down to the level of Denburn Road.  Architecture which will be obliterated when the CGP connects to it, some five storeys further up.

Most of these buildings are either local businesses or publicly owned concerns, and several of them have picturesque balconies below the finished level of The Granite Web.

8.  To retain our sheltered park.

Union Terrace Gardens lie in the Denburn Valley which offers shelter from the wind and urban pollution.  Raising the area up to street level would turn it into a wind trap.

The wind would howl round the concrete walkways and other architectural features of the granite web, plants would struggle to survive, and people would avoid the area, preferring instead to travel along the relatively sheltered confines of nearby streets. It’s a fallacy to claim that this development would enhance connectivity.

9.  Union Terrace Gardens have been cynically starved of funding – in order to ‘pave the way’ for this redevelopment.

Union Terrace Gardens was the centre piece of Aberdeen’s famous successes in the Britain in Bloom contest.  Over the course of the past eight years the council has cut funding, with the result that the Gardens are no longer maintained at previous award-winning levels

The beautiful Grade A listed public toilets were closed, the famous giant draught boards were ripped out, the winter skating rink was no longer installed and concerts and other public events were discontinued

A modest investment would both regenerate the Gardens, and improve access to them.  There is no need to risk bankrupting the city for what amounts to no additional benefit

10.  The curse of Corbie Haugh.

Back in the seventeenth century, the area where the Gardens now stand was a wood called Corbie Haugh. The ancient Scots word for crow is corbie and the wood was named after the crows which gathered in the grassy valley and within the bank of elm trees. The elm trees in the Gardens date back over 250 years to that eighteenth century wood.

An ancient legend, The Curse of Corbie Haugh, holds that when the crows depart, the city will be ruined. If the elms are chopped down, the crows will indeed depart, and if they city ends up burdened by an additional £360m of debt, then it shall indeed be ruined!

SAVE OUR CITY FROM DISASTER BY VOTING TO RETAIN UNION TERRACE GARDENS.

 

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 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 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

Dec 152011
 

Voice’s Suzanne Kelly provides further detail regarding The Scottish Information Commission’s decision on Aberdeen City Council’s handling of FOI requests regarding  sales to and contracts won by Stewart Milne related companies.

 

This week the Supreme Court sided with Aberdeen City Council and rejected Stewart Milne’s appeal concerning profit-sharing on a land deal.

Milne bought land from Aberdeen City Council (property worth some £5 million was sold to him for c £375,000) with a clause stipulating Milne had to share any related profits with the seller, Aberdeen City Council.

After lengthy appeals, the Milne Group must pay £1.7 million pounds to Aberdeen City Council (legal costs are at present unknown).

Precisely how and why the cash-strapped City Council made this deal still remains unclear.  Once acquired, the property was sold from one arm of the Milne group of companies to another, and on this basis, Milne’s position was that there were no profits to share.  The Courts have disagreed.

This issue spurred a freedom of information request to the City Council.

What land had been sold to Milne-related companies?  What contracts had been awarded to the Milne companies?   Was a group of companies receiving preferential treatment by being sold public assets without the assets going on the open market to the highest bidder?  Was a construction firm buying land at considerable discount with one hand, and at the same time under-bidding competition to win work?

It is a year (and a few days) since the initial FOI request was lodged with Aberdeen City Council.  Late replies, denials that information was held, assertions that information was too difficult and costly to obtain were some of the obstacles in the way of obtaining information.

If not for the Information Commission, there would be no chance of this information – concerning public assets and the public purse – coming to light.  As it is, the City has until 23 January to finally comply.  At that time it must either disclose the information or lodge an appeal against the decision.

The decision will be disclosed to the public  around 16th December.  In the meantime, here are some of the important issues and facts to emerge from the Information Commissioner’s decision.

On 10 December 2010 a FOI request was sent to Aberdeen City.  Such requests are to be answered within a specific time frame and are backed up by legislation.

The City failed to respond in time. Aberdeen’s representatives said the information was not easy to obtain, would cost over £600 pounds to collect, and that some of the data was immune from disclosure.  When the request was largely turned down, an internal investigation by ACC into its handling of the affair was requested as the law permits.  The City was sorry it was late in responding, but it was not going to release the information.

Findings:

The Information Commissioner’s office was supplied with the entire (lengthy) chain of emails from the first request through the refusal and the internal investigation.  The Commissioner will soon release its report into ‘Case 243/2011’ and these points are among the findings:-

  • ACC FAILED to comply with Part 1 of the Information (Scotland) Regulations 2002 (FOISA)
  • ACC  FAILED to comply with the Environmental Information (Scotland) Regulations 2004
  • ACC FAILED in dealing with the request by wrongly claiming that section 12(1) of FOISA was applicable to the request
  • ACC FAILED to provide reasonable advice and assistance under Section 15(1) of FOISA.
  • ACC FAILED to meet statutory timescales for handling the request

Background:

The comprehensive decision from the Commission covers the history, legal issues and relevant points of my request.  The Background section covers my initial questions to Aberdeen:

1. List of property (including but not limited to land, buildings, building services, material goods, etc.) Aberdeen City sold to the Stewart Milne Group, Stewart Milne Homes and/or any associated companies, and/or directly to Mr Stewart Milne. List to show property name/description, date of sale, sale price, minutes/reports of the City Council approving/recommending the sale, and if available the market value at time of sale.

2. List of property or services (including but not limited to land, buildings, building services, material goods, etc.), the Stewart Milne Group, Stewart Milne Homes and/or any associated companies, and/or directly to Mr Stewart Milne sold, managed or built for Aberdeen City Council. List to show property name/description, date of sale, price, reports/minutes of the City Council recommending the purchase, and if available the market value at time of sale.

If any aspect of this request is not clear, then please contact me directly for clarification.

I was asked to clarify what I meant by Stewart Milne associated companies, and on the same day as the request was emailed to me, I sent this list from Companies House:-

05232604

D

STEWART-MILNE CATERING LIMITED Dissolved
SC305012 STEWART MILNE CENTRAL LIMITED
SC152943 STEWART MILNE COMMERCIAL LIMITED
SC083265 STEWART MILNE CONSTRUCTION LIMITED
SC054259 STEWART MILNE DEVELOPMENTS LIMITED
SC191167 STEWART MILNE (GLASGOW) LIMITED
SC057709 STEWART MILNE GROUP LIMITED
SC132524 STEWART MILNE HOLDINGS LIMITED
SC137803 STEWART MILNE HOME OPTIONS LIMITED
SC065403 STEWART MILNE HOMES LIMITED
SC096898 STEWART MILNE HOMES (SOUTHERN) LIMITED
SC056620 STEWART MILNE INVESTMENTS LIMITED
SC063606 STEWART MILNE INVESTMENTS (SCOTLAND) LIMITED
SC349644

D

STEWART MILNE KITCHENS AND BATHROOMS LIMITED Dissolved
SC204848 STEWART MILNE PART EXCHANGE LIMITED
SC145941 STEWART MILNE PROPERTIES LIMITED
SC192726 STEWART MILNE (WEST) LIMITED
SC305009 STEWART MILNE WESTHILL LIMITED

The City also wanted to know what time period the request covered.  This was a bit of a surprise – was the list of property sold so extensive that a cut-off date was needed?  Dates of 1980 to the present were chosen.

On 9 February 2011 the City advised that the request would be too costly, and that it did not hold information relating to property it had sold to Stewart Milne companies.  An internal inquiry into how the City handled my request was offered and accepted.   This inquiry proved rather fruitless, and on 4 May 2011 the Office of the Scottish Information Commissioner was asked to look into the case.  The investigation began.

The Information Commissioner’s office contacted Aberdeen City Council on a number of points.  One of the issues was whether or not all or part of the FOI questions should have been dealt with as an Environmental Request (EIR).  The City then told the Commissioner’s office it ‘no longer wished to withhold the information in the reports (about tenders) in their entirety.  Some but not all the information on contracts Stewart Milne companies had won in September was released.  This included information about new build work at Byron Park, Hayton Road and Rorie Hall.  The documents were heavily redacted.

It was nine months since the FOI questions were first asked of ACC.  At one stage during the Commissioner’s investigation there was an opportunity to re-state the case and explain why the information should be put in the public domain.  I wrote about the state of Aberdeen’s finances, the fairly recent criticism of the City’s fiscal operations by Audit Scotland, the lack of transparency in the City’s dealings, and my concern for the disposal of public assets without clear attempt to get the best possible market price.

The decision notes my claim that ‘public assets should be bought and sold in a fully transparent manner, especially in such a cash-strapped city as Aberdeen.’  I wondered if my efforts would be enough.  I waited.

Findings & Analysis:

One of the most important reasons for refusing the request was cost.  If the costs were truly going to exceed £600 (the threshold over which public authorities do not have to respond – but can if they wish to), then someone at ACC’s Freedom of Information Office should have offered  guidance as to how to reduce the cost of the search.  This never happened.

Aberdeen’s initial cost estimates indicated that many people would have had to spend hours on the request, and some of these hours were going to be charged at over £15 per hour.  As it turned out, the maximum hourly rate that a public entity can charge for searches is £15 per hour.   Perhaps someone in the City’s Information area should have known this?

Over the course of the dozens of e-mails exchanged, I made clear I did not accept Aberdeen’s claim that supplying a list of the property would be to arduous and too expensive.

At one point the City said some of its records were only on paper format.  I informed the Information Commission that the City holds an Excel spread sheet detailing the property that it owns and that I considered it likely that the Council would have a similar spread sheet for property it disposed of.

Aberdeen said such a record did exist, but that it didn’t show to whom property had been sold.  (This seems like a very poor state of record-keeping if it is the case).  The City said its list would be ‘meaningless’ to me.  The City estimated that it sells some 10 pieces of property per year, and we would be talking about 140 sales from 1996.  In summary, the City said it would cost £1,117.50 (a rather precise figure I thought) to get the details I was after.

Item No. 50 of the Commissioner’s decision reads:

“…the Commissioner is surprised that the Council is unable to establish the identity of the purchaser in relation to individual property disposals in a less labour intensive manner, he accepts that the Council does not have simple access to the information requested…”

Here are some other points from the report concerning the issues:-

51.       “Having considered the Council’s submissions, the Commissioner accepts that it has identified a reasonable method of locating and retrieving the information Ms Kelly has requested.  This involves two distinct stages:  firstly identifying those property sales in which the purchaser was one of the parties of interest to Ms Kelly and then secondly locating and providing, for only those transactions involving relevant purchasers, the particular pieces of information requested by Ms Kelly about that transaction.  The Commissioner is satisfied that the information requested could all be located within the file relating to the property sale.”

52.       “Turning to the Council’s estimates of the staff time required to complete this process, the investigating officer reviewed the copy of a file provided by the Council.  Although this contained over 780 pages of information, the investigating officer was able to identify the purchaser of the land or property within two minutes of opening the electronic file.  Although, in this case, the purchaser was not one of interest to Ms Kelly, the investigating officer went on to locate the types of information about the sale she had requested.  The investigating officer was able to identify and extract the relevant information from this file within a further 15 minutes.”

53.       “Having considered the Council’s (somewhat limited) submissions and the investigating officer’s review of the sample file, the Commissioner is unable to accept the Council’s estimate that it would take 30 hours to establish which files involved sales to relevant parties.  This suggests that this initial stage would take an average of just under 13 minutes per file….”

The Commissioner’s findings on the issue of retrieving the information are even more concerning than just this over-calculation on the City’s part.  Looking back to an earlier point, it seems the Council are no longer keeping records of crucial information such as how public assets are disposed of:-

43.       “The Council explained that there is no longer a comprehensive database which records all transactions…”

After a less-than-glowing recent report from Audit Scotland into Aberdeen’s property management – why is there ‘no longer a comprehensive database’ concerning important transactions?

The decision then goes to the matter of the ‘duty to provide advice and assistance’.  The Information Commissioner found

“…the Council offered no advice and assistance to Ms Kelly on how she might reduce the scope of her request…” and “Given that the Council provided no advice or assistance to Ms Kelly in either narrowing the scope of her request, or accessing some of the information of interest to her, the Commissioner finds that the Council failed to comply with its duty…”

Part of my FOI request concerned contracts won by Milne companies.  Were we selling land at very favourable rates to a bidder who might put in low bids?  Would it be possible that a contractor won work by bidding lower than the competition, but that another company connected to the contractor bought land at profit-making prices – possibly even to the detriment of the public purse?   This possibility crossed my mind.

The Council felt harm would be done if details of contracts awarded were publicised.  I commented that there was a need for confidentiality during negotiations of a contract, but not once a deal is concluded where public money is being spent.

The Commissioner noted that my requests were about one year after the contracts were awarded.  The tenders had been evaluated; the contracts were issued.  As it turned out, the unsuccessful bidders had been advised of the details after the award – but by some kind of oversight or another on the part of Aberdeen City Council, this information was never made available to the public despite EU law making such disclosure mandatory.

This is what the Commissioner’s investigation found:-

“The Commissioner is unable to accept that a competing company would be able to gain significant insights into the relevant company’s capabilities, pricing or bidding strategies from the disclosure of this information [information re. Bids]… the commercial sensitivity of that information will have diminished with the passage of time, and in particular with the award of the contracts in the subsequent phase in the Council’s home building programme.  The Council has provided no evidence to support its submission regarding the continued risk or harm following from the disclosures of that information.”

More to come:

The decision has been released to me and the City.  They have until 23 January 2012 to lodge an appeal or comply.  The Commissioner’s intervention and in-depth analysis is greatly appreciated and clearly was much needed.

This report will be available to the public via the internet c. 16 December.  It will prove a valuable read to other researchers and anyone interested in how Aberdeen City Council handles information and requests for information.  However, one year on from asking the initial questions, there are still crucial questions unanswered:-

  • Who suggested selling land to Milne companies?  What was their position in ACC?
  • Exactly what public assets have been sold to Milne related companies?
  • Who in the City was involved in progressing and approving the sales?
  • Were any bids won by placing bids with very low likely profit margins?
  • What internal audit procedures, if any, flagged up any issues with the sales or contract awards?
  • Does anyone within this chain of decision making have any links to any of the Milne-related companies?

Further information on this subject will be forthcoming.  Aberdeen Voice will be reporting on the City’s next move.

Dec 122011
 

Aberdeen Voice  has learned that the Scottish Information Commissioner has upheld Voice reporter Suzanne Kelly’s Freedom of Information request with regard to land and property sold by Aberdeen City Council to Stewart Milne and associated companies.

Less than a week having passed since Stewart Milne’s appeal to the Supreme Court failed, the Scottish Information Commissioner has decided that the Council must provide Kelly with information on land transactions between Aberdeen City and Stewart Milne companies.

The Supreme Court had been asked to review the details of a land purchase Milne Group made from Aberdeen City Council. The Supreme Court found that Milne must pay the City £1.7 million over the land deal.

The cost of the legal action is at this point unknown.

Kelly had followed the case, and had heard from several sources that there may have been other deals regarding the property developer and the City.

In a Freedom of Information Request made to the City, Kelly asked for a list of property sold to Milne and/or associated companies and the selling price, as well as a list of contracts the Milne companies had won from Aberdeen (there are several companies connected to Stewart Milne). Kelly wanted to analyse the contracts won and land purchased. The City initially refused her request.

An appeal was lodged, and the Information Commissioner was asked to look at the history of the freedom of information request and the grounds for refusal. The Commissioner issued its findings on 9 December 2011. The Commission decided that Aberdeen City Council and its Freedom of Information officers failed to act properly on a number of issues.

Key points include:-

  • The City did not always respond to correspondence and requests in a timely manner.
  • The City said it did not have a comprehensive record keeping system and finding the information would be very difficult. Kelly proved to the Information Commissioner that the City keeps much of its property portfolio details on spreadsheets.
  • The City said it would cost over a thousand pounds to find this information.
  • Kelly received some of the requested information during the course of the investigation including details of c. £10 million worth of construction contracts won by Milne and associated companies. No information has as yet been released by Aberdeen to show what property it sold to Milne.

The property dealings of Aberdeen City council had come to the attention of Audit Scotland some time ago. In its findings Audit Scotland found:-

  • evidence of procedural and administrative deficiencies and poor record keeping,
  • cases where accurate and relevant information was not reported to elected members,
  • a lack of evidence to support the valuation at which properties were sold, and
  • cases where the Council may have achieved a better price. Overall, it appears that there is a potential loss of capital receipts which may be more than £5 million.

The City is considering a number of budget and service cuts, and this spurred Kelly on. Kelly states.

If the city is awarding contracts based even in part on low bids, then I question the wisdom and prudence of selling land at a fraction of its potential market value to a successful bidder. The City has a massive property portfolio, and if must keep detailed and accurate records of its transactions. In light of the Supreme Court decision last week, the decision from the Information Commissioner is extremely timely and most welcome. I look forward to receiving the information I have sought for so many months.”

Milne is also a director of Aberdeen Football Club. It is slated to sell its existing Pittodrie Stadium ( the UK’s first all-seater stadium ) and use the proceeds to build a stadium in greenbelt land near Loirston Loch. Planning permission was hotly contested, with local community councils objecting to the plans. The area is home to a variety of wildlife. The club’s income is thought to be in steady decline, as attendances have fallen and the team struggle to climb the league.

Says Kelly,

“I shall contact Aberdeen Council if I have not heard from them shortly, and as soon as the information is made available to me, I will report back. The Commissioner agrees that the public have a right to have the information I have fought long and hard to obtain.”

Oct 212011
 

Voice’s Suzanne Kelly was present to witness Wayne Hemingway give a talk to a full house at Robert Gordon’s Business School on the evening of 5th October. The audience was a wide mix of students, lecturers, design practitioners, businesspeople and others (Hemingway kept asking the audience questions to determine who was there, and he tailored his presentation accordingly).

Mr Hemingway gave an illuminating, bespoke talk.  My only criticisms were that the lighting engineer had no clue what type of lighting was appropriate for a slide/video presentation talk where people wanted to take notes (the lights went on and off, up and down for most of the second half), and that those who plan to forever change Union Terrace Gardens weren’t in evidence.
They might have learnt something.

If you think the Hemingway family (Wayne and Gerardine) are associated solely with fashion and the iconic ‘Red or Dead’ brand, you are missing some very important developments – housing developments to be precise.

Wayne saw a very clear need (which alas many planners and construction firms miss) to create places where people would actually want to live, socialise, landscape, play and be proud of. But more on that later.

Hemingway began the talk with his own life and design history.

In his early family years in Blackburn, his family was not wealthy; they valued creativity and imagination. He was on the music and clubbing scene from age 13 or so, and was enthralled by all he saw and heard in these early heady days of punk. He met his future wife and business partner Gerardine in a club, and was impressed with her clear passion and talent for clothes and customising vintage wear.

They got engaged, headed to London, and did typical day jobs (she as a secretary; he in a pub). One month things looked tight for paying the rent, so they decided on the entrepreneurial path and took a stall in Camden Market to sell their own second-hand, vintage clothing. This first outing proved so successful (and I assume enjoyable) that they put their efforts towards buying second hand clothing to sell. They delved into the world of  ‘the rag trade’ literally – buying goods otherwise destined for recycling from the ‘shoddy’ yards.

Few were touching vintage or second hand at the time, and the popularity of their stall grew and grew.

They soon learnt marketing tips such as the importance of where the stall was located in Camden. The now iconic Doc Marten boot was adored by the punk world, but elsewhere just seen as workers’ footwear. A clever deal with Doc Marten saw the duo buying old, damaged DMs in quantity (where the soles were worn through), repairing them (with a family member’s repair solution and friends to help), and selling them on for a considerable profit. The business grew and grew.

Gerardine created a small line of clothing – there were only eight pieces in the whole line – and headed to the very cool Kensington Market to join other designers and artists selling work.  Of all things Macy’s of New York found her there, and placed an order for 200 of each item. With some help from  several friends and relatives who could sew  they were able to fill the order. Out of this growth and interest, ‘Red or Dead’ came to life.

 Wayne had bought a large number of non-working sample watches; these were used to decorate shoes.

An older man in the trade asked Wayne ‘What does Red or Dead stand for?’ In the ensuing conversation this man explained how different brands were clearly aligned to aspirations and values: Weetabix, Nike, etc. – all major brands had a ‘raison d’etre’. Wayne and Gerardine made a list of things they stood for themselves – they were politically active, they came from areas without expensive, fashionable designer wear, they valued creativity and bought affordable items themselves.

It was clear they wanted Red or Dead to be affordable designer clothes. In deciding this they reached out to a sector of the public which had long been ignored. (They also realised that Macy’s did not fit with this direction).

The Red or Dead lines were to be sold through Top Shop (1983) and Miss Selfridge. Topshop at that point used to have no designers – only buyers and “copiers”.  These days it uses established and graduate designers, and the flagship London store also has a vintage section, perhaps a nod to ‘Red or Dead’.

At this time the pair had started paying attention to London Fashion Week, which was still at the time primarily an affair for the affluent. But the ‘powers that be’ at London Fashion Week had noted Red or Dead’s ascent with disdain.

The Hemingway’s dealings with Topshop and Miss Selfridge actually prevented them  from showing at London Fashion week for there years. The Hemingways had ‘demeaned’ fashion, and fashion ‘is about Harrods and Harvey Nicols.’  Or at least this was true to a Fashion Week mandarin.

This rebuff did not hurt Red or Dead sales in the least.

One year when the French were conducting nuclear tests and protestors were demonstrating against the tests around the world, London Fashion Week saw some drama courtesy of Red or Dead. “Non a Nuclear” banners provided the backdrop to the Read or Dead collection and French buyers were banned from the RoD show (which accounted for about a quarter of the buying audience normally – this exclusion was a considerable financial gamble).

Wayne explained he and Gerardine were willing to lose this custom in favour of making a political statement and appealing to and showing solidarity with the environmentalists – a growing movement in terms of visibility and economic power. What was going to be the public, media and market reaction to this show? The Hemingways went home.

Watching the national news some hours later, an item opened with a protest outside the French Embassy at Trafalgar Square.

Then the news item cut directly to the Red or Dead Fashion show.

All the media had picked up the story – and the phone started ringing. Wayne and Gerardine were being summoned that same night to talk to the press – the story of their show had veritably gone global.

Sales increased some 400% around the Red or Dead shops (which by now were in many countries). Corporate takeover advances soon came, and the Hemingways decided to sell. It was time for another adventure.

Wayne had interspersed this biographical talk with some sage business advice – the willingness to take risks, the way in which he delved deeply into the workings of the fashion industry from the lowly shoddy yards to the high end and London Fashion Week; all of which contributed learning experiences leading to success. (And by the way, apparently he is a very early riser, proving there must be some truth in the old ‘early to bed, early to rise…’ adage).

Wayne tells the audience:

“You learn absolutely every day; you need an ability to graft; there is never a day I get up after 5am.

“Creative minds don’t switch off… it’s how you get those ideas realised – graft and recognising which ideas can work… you need friends and good minds behind you.”

He also said without any false, unnecessary modesty how good he and Gerardine were at putting excellent teams together.

Turning from fashion to architecture and housing was the new direction. Boris Johnson had asked Wayne to be a ‘London Leader’, which involved working with the Mayor on a voluntary basis on projects and ideas to make London better.   At this point the talk turns from fashion history to the future of our cities.

“We’ve allowed our High Streets to become ‘clone’ High Streets.”  Hemingway says, and no one can argue with that.

He discusses his contribution to Boris Johnson’s project, which was ‘KiosKiosk’ – moveable, affordable (need I say it – well-designed) designer boutiques on wheels, seen at various London icons such as the Wheel.  These offer young designers a chance to meet the world head on – and since a stall at Camden Market is now extremely expensive, this offers others the kind of break the Hemingways had at the start.

Hemingway also applauds the model of ‘pop-up’ shops and restaurants, which have taken London by storm, and which have reached Aberdeen (for instance Emma Noble’s and Toni Roddie’s S.T.A.G Studio events at Korova – 19 November).

Hemingway references an article he wrote, “Why I Hate The Creeping Suburbs” in which he describes the Wimpeyfication and ‘Barratification’ of Britain.

The issues surrounding ‘urban sprawl’ are now recognised by the United Nations (as well as by most serious, thoughtful local planners); our ecology and biodiversity are not all that is at stake – our very health is jeopardised by the cities and suburbs over spilling into the countryside (increasing asthma and heart problems come with increased pollution; obesity from lack of exercise as we all commute to and from the cities to work, alcoholism increases, and so do social problems).

As a designer who has identified a problem does, Wayne decided to ‘look inside’ the issue, ‘see what he already knew’ about housing, and propose solutions.

He showed poignant photos at this point – a fairly new housing development which clearly looked more like a prison or factory; a beautiful Victorian pub turned into a block of (very unattractive, compact) flats, and a Liverpool street which once offered small, good first homes, now earmarked for high-rise flats.

He cautioned that mortgage companies (which could have provided mortgages for people to fix and modernise the existing homes on that Liverpool street) are dictating the state of our housing by what they will lend money for.  They seem to favour mortgages for new properties and turn down those who want to refurbish and improve properties.

The old Victorian homes may leak carbon, but they have been around for one hundred years, and thus have less of a carbon footprint than the alternative of tearing them down to make flats.

Wayne has designed housing estates which have very few, if any, equals in the UK.

There are leisure spaces for families (sand, trees, tables, different levels, etc. – some of the best design work he ever did, he tells us), and community gardens.  No one vandalises these (or the outdoor communal Ping-Pong table) because everyone’s families had a hand in creating and designing them in the first place.  The design for these estates started with people first and what they wanted and liked – the actual housing came second to the people.

Wayne ends with some great footage of his and Gerardine’s ‘Museum of Lost Content’ (a home for vintage design which might otherwise be forgotten) and the Vintage event – a massive ‘happening’ (for lack of a better word) held last year at London’s Southbank.

This festival combines decades of design and fashion, iconic music, bands, events and everything that celebrates Britain you can imagine in one place.   It was attended by thousands.  As words fail me, I suggest you visit http://www.vintagebyhemingway.co.uk/ and let the design do the talking.

Wayne also discussed photos he has of an Aberdeen estate; there are signs prohibiting virtually every kind of activity a child (or adult) might want to indulge in, including the dreaded ‘ball-playing.’

Question time arrives, and I am dying to ask for a comment on the future of our Union Terrace Gardens then and there.  However I decide that once the designs are unveiled, I will contact Hemingway.  I have no doubt he will have something useful to say after tonight’s talk.  It was a valuable and thought-provoking evening, and I was glad for this glimpse into ‘Wayne’s World.’

Aug 182011
 

Old Susannah looks back at the week that was and wonders who’s up to what and why. By Suzanne Kelly.

The leak’s leaked.  Those nice people at Shell seem to have been economical with the truth about their North Sea oil spill; they say they have been completely open and honest.  However, some half a dozen environmental/animal groups do not think so.

I know whom I am tempted to believe.  I hope Shell can do for us what it has done for Nigeria, farmers in Northern Ireland, etc. etc.  If nothing else, it is good to know Shell has gone into public relations overdrive and is pouring oil on troubled waters.

Back on dry land, it is hard to know where to start doing a round-up of this past week’s events in the ‘Deen and the wider world.  The Road Sense AWPR appeal has failed.  Helpfully, Kate Dean posted on a Facebook discussion thread (you see – she is down with the kids for definite) stating:

“I’m amazed that this topical community hasn’t seen fit to discuss today’s Court of Session ruling on the Aberdeen Western Peripheral Route.”

I told our Katie:

“To Ms Dean – nice to see you weighing in. I think you will find this ‘topical community’ and the Aberdeen Voice have historically dealt with both sides of the AWPR story. As the Voice is a weekly publication, no doubt some contributors will send in relevant items for next week’s issue. You would be welcome to write a piece as well”.

Alas!  Kate relied:

“I don’t think it would be appropriate for me to contribute to a publication which habitually refers to me in such a derogatory and insulting fashion”

I tried to explain that my writings are ‘satire’ (well, for the most part). Of course there is not much tradition of important politicians being satirised in Great Britain – well, only since the time of King John, and more recently Hogarth, Spitting Image and Private Eye.   (I would have also replied: “XXXX XXX XXX XXX XXX XXXXX”, but I could not figure out how to do redacted text on FB).  Perhaps I just do not know the meaning of the word ‘appropriate’ – time to see what can be learnt from Kate’s examples (see definitions).

Perhaps Kate thinks that is the end of the AWPR matter, and the necessary, environmentally-friendly, economical road will go ahead.  Well, we will see.  PS – my Facebook Home page tells me to suggest friends for Kate.  Any ideas?

And we have another nursing scandal; this time at Woolmanhill.

A nurse has allegedly been over-drugging patients, and gave a person a salt-cellar instead of their inhaler.  We are getting close to a medical scandal a week.  I wonder if all the cutbacks to frontline services might be related to frontline services going down the pan.

Old Susannah’s had a senior moment; I remembered writing about the brilliant designs shortlisted for the gardens, and thought I had done so in a column.  Turns out I had only done so on Facebook.  While trying to find what I did write, I googled my way upon this quotation:

“The gardens have the potential to be transformed in to a popular, attractive and vibrant green space in the heart of the city. The gardens have come under increasing pressure in recent years, with various schemes put forward to raise their level and develop them as a leisure facility. Care must be taken not to over-develop the space and potentially risk losing its essential drama and historical landform”.

– 2007, AberdeenCityCouncil Report

The above was the conclusion the City came to in (yet another expensive) report in 2007.  Since then a few things have changed, and commonsense has prevailed:  the only thing wrong with Aberdeen is that UTG is not vibrant and dynamic.  This is why we are all going broke, crime is shooting up, the independent shops are closing, and the streets are filthy:  it is the gardens – they are not used enough and are in a valley!

We may or may not get a vote on the Gardens’ future – but we have lined up five designers who have form when it comes to doubling and trebling their budgets.  I guess if you want something as beautiful, as functional and elegant as the Diana Memorial Fountain in Hyde Park, it’s going to cost.  Then again, an inflatable Jacuzzi (on sale via ‘Groupon’) would have been as pretty and functional – and costs a few million less.

I’m sure it’s because I didn’t study architecture in great depth, but at first glance I thought the shortlist was the most predictable collection of expensive hacks to ever build boring and unsuitable creations, obviously my mistake.

Still, the Diana Memorial Fountain designer is one of our fine finalists!  I hope you are as excited as I am.  Since I did not go into detail about the talented designers Malcolm Reading has lined up to fix our city’s problems and how much it is likely to cost and since I cannot find my writings on the matter to begin with, (but I did mention some of the references rxpell uses), here is a good article from rxpell that sums things up nicely:
http://rxpell.wordpress.com/2011/08/16/a-look-at-the-city-square-short-leet/

This article will help you decide which of our five finalists to vote for.  If you get a vote.  We do not know for sure, even though HoMalone’s promised us a vote, which would include leaving the gardens as they are.  But this is Aberdeen, and the government’s position changes more often than the weather.

(I would love to say I have been out at nice dinners and working my way through the ever-changing Brewdog menu, but for the time being my doctors have me on lockdown, and am forced to live off rice, tofu and yoghurt drinks.  Somehow this does not really suit me.  Still, I will be back doing the rounds as soon as I can).  But now for some definitions.

Appropriate:

1.  (adjective) fitting, proper, suitable, in accord with acceptable norms.
Am I ever embarrassed by Kate’s telling me that it ‘is not appropriate’ for her to write in the Voice, as we are derogatory about her.  Shame-faced, I asked myself what can I learn from her example of what is appropriate behaviour?  I came up with a few examples.

What is appropriate:

  • To be a supporter of the Cove Rangers, to be the president of its fan club,  have a husband who is a Scottish Football Association referee, and to be administrator of the family plumbing business (Brian J Dean) which sponsors the club – and to endorse plans to build it a new stadium without any qualms or conflict
  • To make comments to the media about how wonderful a new stadium for the Cove Rangers team would be, yet to sit as convener of the Loirston Loch hearing (despite opposition from community councillors) which is tied to Cove Rangers’ future
  • To comment to the Loirston Loch hearing that you attended a meeting where virtually all present voted against the stadium going ahead, but that you were sure a man there wanted to vote in favour of the stadium – but was afraid to (mind-reading is a skill every councillor should have)
  • When implementing swingeing budget cuts (and having thousands of people march against them calling for your resignation) to reply ‘I was elected to do a job and I am going to do it’
  • To accept dozens of tickets to concerts and events at the AECC in a single year, despite guidelines suggesting this might not be ‘appropriate’

Thank you Ms Dean – I will indeed learn much from you, and will continue my studies.

And to whom but Aberdeen’s first citizen should I next turn towards to learn about appropriate behaviour:  Mr Milne has it nailed.  Out of the goodness of his heart, he allowed people to actually comment on his stylish plan for Triple Kirks (the Press & Journal obligingly called the area an ‘eyesore’ in an article.  There goes that bothersome blurring of ‘editorial’ and ‘article’ again, which of course is not appropriate).

Those who did comment on the Triple Kirks plans marvelled at the giant glass boxes (never mind the peregrines).  At least Milne said as much, claiming the majority loved his ground-breaking design.

(Hmm, if only there were some nearby, empty space that could be converted to parking, the scheme would be even easier to approve – if they could come up with some kind of a plan…).  Anyway, those few who objected and left email addresses got a very appropriate follow-up email from a Milne company, which reads along the lines of:

“From: “sales@stewartmilne.com”

“Many thanks for your enquiry. We will forward details and information to you shortly. We’re here to ensure that buying your new home is easy and enjoyable, so if we can help any further, just let us know.   Sell Your Home in 5 Days”

Now if I were a sceptical, cynical person, I would ask myself:  is writing to people who opposed your plans and offering to get them a new home in an ‘easy and enjoyable’ manner something that could be construed as a bribe?  Well, the City says everything is fine, so I guess it is all appropriate.  I have dismissed the idea that offering sales help to people who were against you is at all wrong.

I hope this has cleared up what is appropriate and what is not.

Appropriate:

2. (verb) – to take by deceit or force that which belongs to another.
See: Union Terrace Gardens, City Garden Project, ACSEF, Donald Trump, Compulsory Purchase Orders.

Tradition:

(noun) custom or activity rooted in the past.
People are funny about their traditions.  We are being told by the City Council that painting the Lord  Provost’s portrait – and celebrating the glorious event with an expensive party is OK – as it is tradition.

Foxhunting (no, not with golf clubs and tame foxes, Mr Forbes) was a United Kingdom tradition going back hundreds of years; it was deemed cruel and barbaric, and therefore has been made illegal.  The Catalonia area of Spain has recently given bullfighting the coup de grace –  it is hard to imagine anything more barbaric than bullfighting masquerading as a ‘sport’.

I came under criticism (on Facebook again – I really must stay away from that thing) for saying Spain should consider doing away with bullfighting.  (PS – if you really think the bull has a chance, and there is no prolonged torture or pain, and it is a brave matador that fights a bull with only a cape to protect himself, then think again – PETA will put you right).

Someone said I was showing ignorance of Spanish culture and tradition.  Their point was that tradition was more important than the animal issues. I say “bull”.

The city could not afford to replace broken windows in schools only a few years ago, but wants to shell out on canapés for its elected officials and the usual suspects to celebrate the fact that its Provost is an oil painting.  Too right.  Without these traditions, we would start moving forward.  And the future is uncertain.  It is best to cling to what previous generations did – it is safe (well, maybe).

If we always paid for a portrait, then we had better keep paying for a portrait.  We might have to cut a few services, but let us stick to whatever was the more traditional course of action.  It is important to bear in mind that all traditions are equal in value and all are good.  Perhaps we could bring back ducking witches in the loch?  Yes, to question traditions is to question culture and nationalism – and where would be without nationalism?

In my world, it is the 21st Century.  The whole world is under different pressures than it was when these wonderful traditions came about.  There should be more enlightenment and compassion than brutality and superstition; we have run out of excuses.  But then I turn on the news, and realise that I have got it wrong again.

Old Susannah is now out to catch something for dinner, and possibly bash a few enemies over the head with my wooden club.  Now where did I leave my bow and arrows?

Next week:  hopefully some FOI news, more definitions, and a back-to-school special look at education.

Jul 052011
 

Old Susannah tries to get her head around the Council’s secrecy and finds them much more transparent than they had thought they were.  By Suzanne Kelly.

Firstly, I trust we are all excited about the discovery of a giant wombat’s fossil in Australia!

This lumbering, hulking, ungainly creature could not move with the times, and so faded into history. Its great big head only had a pea-sized brain which was useful only for more primitive functioning. It spent its time hoarding nuts and drinking at its favourite watering holes.

Any relation to Councillors K ♦♦♦ D♦♦♦ or N♦♦♦ F ♦♦♦♦♦♦ is curiously coincidental.

While I may have spent most  of this past week enjoying the sun as well as well as a pleasant afternoon or  two in Brewdog, I’ve not been oblivious to the things that the City Council,  local institutions and mainstream press want me to be oblivious to.  While I enjoyed champagne and plenty of Pimms  with my friends ♦♦♦♦♦♦♦♦♦♦♦♦ and ♦♦♦♦♦♦  in the great outdoors, I’ve been informed of a few developments.

Despite the summer sun, there are shadowy  figures behind the scenes, keeping secrets, denying facts, and trying (with  little success) to keep people and stories quiet – some innocent, some not so  innocent.

‘No news is good news’ – so  the saying goes, but whoever came up with this particular phrase probably had  too much of Brewdog’s ‘Sink The Bismarck’ ultra-strong beer.  Here in Aberdeen ‘no news’ seems to mean the local,  mainstream press have decided to play things down.  So – listen very carefully, I will say this  only once…

Redacted: (adjective) – obscured,  covered up, deleted, censored.

Some months ago, I attended a special meeting of Torry Community Council at which  the Friends of Union Terrace Gardens presented their case, and a very nice lady  named Jan represented ACC (Gordon McIntosh  had been invited, but was having dinner instead).  Jan told us how everything was going to be  wonderful, and how the entire matter was going to be handled ‘in a transparent  manner’.

In fact, she used the word  ‘transparent’ half a dozen times.  I left the meeting with a warm, fuzzy feeling that if something were going on about  the gardens, it would all be transparent.  What a relief.

How very strange it was  then to open up a P&J this week and find our new Council Leader McCaig asking why the minutes of one of the Garden-related groups (and there are many  I can assure you) has been redacted.  Over the weekend I’d emailed him asking why the text had been redacted; he’s not slow off the mark, our Mr McCaig.

But what group is this redacting its papers?  It’s the City Gardens Project Monitoring  Group.  What do they do?  According to the City’s website,

“The role of the Project Monitoring Group is to oversee the City Garden project’s progress and ensure that Council’s interests, and  that of the majority of Aberdeen citizens, are protected as the project
progresses”.

I take it that makes it  quite clear why they must act in secret. It’s not a question of whether or not something will be done with the gardens – they are overseeing progress.  So – the Council’s interests are not the same  as the interests of Aberdeen citizens (minority or majority).  In all my years I never would have guessed  that.  Perhaps they should have redacted  this mission statement as well.

Who is in this group?  Who attends the meetings?  If you go to the city’s website, you can  download the minutes and reports – where you will see that all the names of  attendees have been blacked out, or in council-speak ‘redacted’, together with  lots of text.

The City was trying to keep this top secret information a closely guarded secret.  Perhaps the Monitoring Group is made up of  MI6, the CIA, Lord Lucan and Spiderman?  Whoever it is, I bet they have a dual identity, a good cover story – and probably a costume with a cape.  I hear they all meet at midnight and each have limos with blacked-out windows.

 From now on I hear that anyone in a Council committee which discusses  Union Terrace Gardens will sign the Official Secrets Act, be security-vetted,  be given a cover identity and undergo survival and torture training.

Mr McCaig has no  recollection of agreeing to this group’s identity being protected, and he wants  some answers.  Let’s hope he gets  them.  Why on earth would this be secret, and what do they wish to hide?  Answers  on a postcard please (preferably in a secret code).

Alas for our poor Council:  their secrets are out.  That nice Danny Law over at STV has announced that a simple bit of cutting and pasting reveals all.  Visit STV for further information.

http://local.stv.tv/aberdeen/news/261573-council-blunder-means-concealed-minutes-from-union-terrace-gardens-meetings-can-still-be-read/

You might also want to visit the (excellent) blogspot Other Aberdeen:-
http://otheraberdeen.blogspot.com/

It’s hard to imagine that  the City didn’t give due care and attention to this life-or-death matter of who’s going to meetings and what they are saying about our gardens.  I am stunned.  From now on I hear that anyone in a Council committee which discusses  Union Terrace Gardens will sign the Official Secrets Act, be security-vetted,  be given a cover identity and undergo survival and torture training.

For my part, one of my trusted sources told me how to spy at the hidden text a while ago, and I was sworn to secrecy – which I kept.  My secret hope was that the Council would continue to keep thinking it had successfully blacked out text that could actually be read.  We could have been onto a winner with this one.

My sympathies to the Garden Monitoring Group at this unfortunate point in time, and in particular to one of those in the group:  our very own old friend, Ms Aileen HoMalone.  Not only is the debacle an embarrassment in itself, but my very own spies tell me that since the balance of power shift, this and other committees will be re-arranged over the summer, shedding a few LibDems in favour of SNP councillors along the way.

Gag:
1.  noun – a joke or stunt designed to cause laughter or possibly embarrassment.
2.  Verb – to make another remain silent via coercion or force. 

A gag can  be a stupid remark, like John Stewart’s saying Aberdeen needs a monorail, or a  stunt — like holding a design competition for ‘transforming’ a cherished  garden into a car park/mall.  On the more  sinister side of the coin, this week both Aberdeen City Council and Robert  Gordon University stand accused of gagging their staff.

Now, obviously the opinion  of staff at ACC is held in the highest esteem by management, and at an institution of higher learning such as RGU, nothing can be held more important  than the right to free expression and intellectual debate.  There is absolutely nothing ‘Big Brother’  about Aberdeen City Council rounding up four of its less-than-grateful staff as  it did this week to tell them off.

What had the four done?  They said mean things about the City and their bosses on something called ‘Facebook’, which apparently all the young people are using.  I hope these four ingrates have apologised for having opinions.  I do know that they have been issued with a set of guidelines as to what they can or can’t say.  Sounds like a great move.

In fact, back when the cuts were being  proposed in 2008, the City very wisely told its staff that they should in no way protest against the City’s school and service closures.  Many of them did so anyway.  You might think such people are brave in standing up for education and health services, but you must remember, when you take a job for the City, you lose all your human rights.  Fair trade, I’d say.

I hope these four people are at home right  now, reading their new behaviour guidelines and composing letters of apology.  I’d certainly hate to think they’d be sending  me copies of the city’s newest Kafkaesque policies.  Or even worse – they might be creating anonymous Facebook identities so they can continue to keep us posted with City developments and dark doings.

As to that bastion of higher education, Robert Gordon University: they are also gagging for it.  You may have seen the news that RGU want the Trade Unions to go away and stop bothering them. 

This institution of higher learning has announced that since the unions are now ‘smaller’, they shouldn’t have to recognise them at all. Quite right.  Just because the University has shed a few jobs and has a few less people, there is no reason the unions should have shrunk as well.  Staff and educators alike are overjoyed by this move on RGU’s part, as they won’t have to go to any more tedious union meetings.

The staff won’t publicly say how happy they are, because RGU is, according to STV “accused of ‘gagging’ staff as dozens protest over de-recognition decision”.  I know staff who have been asked to take on more work with no pay, who have had pensions cut, and who work weekends with no extra money to show for it.  I’m sure union representation is the furthest thing from their minds.

RGU wanted the whole episode to be treated as Top Secret:  staff were told not to discuss these special Trump security arrangements

It might be worth mentioning that RGU held its staff’s safety particularly important during Donald Trump’s visit for his honorary degree.  RGU management were so concerned about the safety of its people who would be in the same building as ‘the Donald’ that they let Trump’s private security people search bags, set up security checks, and made sure no one left the building until the great man himself had gone.

Some people say that their mobile phones were looked at, and they weren’t allowed to take any photos (which would have been the first thing on my mind), but this remains unconfirmed.

Those who did get in touch told me that RGU wanted the whole episode to be treated as Top Secret:  staff were told not to discuss these special Trump security arrangements.  I would be happy for the RGU administration to confirm or deny that private, American security was given power over its staff.

Maybe they could have done what Robert Gordon’s College did, and simply lock any bothersome people up in cupboards (congratulations to Ms Michie for winning her case against the College where she was indeed locked in a cupboard.  I await news of the dismissal of the person who did this, but it hasn’t appeared yet).

News Blackout: (modern English phrase) – to deliberately ignore or censor news events. (See also ‘P&J’)

The local press simply  don’t have the time and space to tell you the entire goings on.  The P&J may have covered the story of the City Council’s ‘redacting’ text (see below), as Cllr McCaig came forward with the story.

However, if you put ‘Robert Gordon University’ into the Press & Journal’s online search feature, you’ll see a collection of innocent PR stories about boat races and an RGU student appearing in something called ‘Glee’ (whatever that is).  No RGU bashing in the P&J; they don’t want to upset that nice Mr Wood and his friends.  No word of gagging staff or staff being kettled by American private scurity.

You might also search the P&J website for the story of guitar hero Richard Thompson’s honorary degree from Aberdeen University granted  on the 5th July (congratulations by the way). 

I’ll give you that Richard Thompson is no Donald Trump (who got his degree from Ian Wood’s RGU for services to money).  Thompson has only enjoyed a successful international musical career since the 1960s, released award-winning albums, and made a particularly important collection, ‘1000 years of popular music’.  I doubt the man even has his own jet.

Don’t bother searching for news of his honorary degree award in the local rags – it’s not there.

Just as Anthony Baxter never got any newspaper coverage for his documentary ‘you’ve been trumped’ about Trump and the Menie Estate (it was held over twice and had unprecedented demand at the Belmont), the local press are making life easier for us by deciding what’s newsworthy and what isn’t.

I for one am far more interested in petty burglaries, minor football matches and cute baby photo competitions than the workings of secrecy in local government and the schemes of our local millionaires.

It is the editors at the local papers who decide what goes in (or possibly a few of the city’s richercitizens), not the reporters.

At least we don’t have a ‘News of the World’ situation.  Several newspapers stand accused of hacking mobile phone conversations – of murder victims and their families. Potential evidence has been lost and Milly Dowler’s family wrongly believed she might still have been alive since her voicemail was being accessed.  If you can think of anything lower than this, don’t let me know.

PS – the Murdoch Empire isclosing the News of the World after Sunday!  Result!  However, Murdoch is looking to take over BskyB completely.  If you somehow think this might lead to a  monopoly over news coverage, speak now.

RGU, millionaires, the  future of our Gardens, quangos, dodgy deals, secret deer cull plans:  somewhere the truth is out there.  Just don’t hold your breath waiting for it. 

Speaking of holding your breath, I’d best go  close the windows.  The wind must have changed, and the scent drifting through my open windows in Torry is decidedly not roses and violets.   Old Susannah is off for a short but much needed holiday.  I am going to turn 50 on ♦♦♦♦♦♦ and will fly to  ♦♦♦♦♦♦♦ on ♦♦♦♦♦ and will stay with ♦♦♦♦♦♦♦♦♦♦♦♦ where I hope very much to see ♦♦♦♦♦♦♦♦My best wishes to ♦♦♦♦♦ ♦♦♦♦♦♦♦♦.