Jan 192012
 

By Mike Shepherd.

The final design for the City Garden Project was picked this week.  The proposed plan is to replace Union Terrace Gardens with a futuristic design of curving walkways and grass called the “Granite Web”.
The announcement stoked up even more controversy as it appears that the design was not the first choice amongst those that voted in the exhibition in October last year.

Favoured was the “Winter Garden”, the design with the big greenhouse resembling a giant glass worm.

A letter in the Scotsman gave a typical response to this ‘consultation’:

Pointless poll. Of the six designs submitted for the development of Aberdeen’s Union Terrace Gardens, one emerged as the clear favourite during a protracted public consultation in which the Aberdeen electorate took part.

Yet a panel of judges has selected one of the other designs, and the Aberdeen public is apparently to be given the choice between this one or nothing. What is the point of holding a public consultation and treating the result as if it didn’t exist?

Derrick McClure, Aberdeen
http://www.scotsman.com/news/letters/letter_pointless_poll_1_2061360

It is not the first time that a consultation on the fate of Union Terrace Gardens has been ignored. A public consultation run in 2010 saw a majority of the public rejecting the scheme.

The design itself is also controversial. John Glenday, the editor of the magazine for Scottish architects the Urban Realm, commented:

“Diller Scofidio & Renfro’s ‘granite web’ of interconnected walkways has been sold as a vision of the future for Aberdeen. However the seductive sixties sci-fi vision presented may be out of date before the journey from concept to reality has even begun. In their submission the architects have spun a tale of making Aberdeen “throb” again but the history of elevated walkways and underpasses, as anyone who has ever traversed any concrete New Town will attest, is often dystopian.

“Health and Safety officials are also likely to have a field day with the walkways and platforms as presented, inevitably leading to a compromised design with fencing, signage and other clutter once the demands of building regulations are met.”
http://www.scotsman.com/news/cartoon/analysisagrandschemebutitmayjustbealittletoolate

Others have been more  sceptical. It has been variously likened to a Teletubbies TV set, a skatepark and even  ‘Mounthooly Roundabout on steroids’. The City Garden Project have however reached for their dictionaries to praise the ‘vision’, with press releases abounding with words such as ‘transformative’, ‘vibrant’ and ‘dazzling’. Despite the hype there are very few facts being presented. We still do not know how much it will cost or how long it will take to build.

In another development, Aberdeen City Council are to hold a special council meeting next Wednesday to discuss the City Garden Project.
http://committees.aberdeencity.gov.uk/mgConvert2PDF.aspx?ID=18252

The report for the meeting asks councillors to approve the final City Garden Project design , expects the private sector to commit at least £70 million towards the project and discusses some of the land ownership issues.

There is no discussion in the report as to what happens if the City Garden Project goes into massive cost over-run. In 2009 the then Chief Executive, Sue Bruce,  decreed the private sector would be responsible for any cost over-run. Since then, no procedure has been discussed on ensuring agreement about this. In my opinion, Aberdeen City council are being grossly negligent here.

Councillors are effectively being asked to approve the final City Garden Project design ahead of February’s public referendum.

Yet the report mentions that:

ACGT has produced initial draft proposals in respect of the likely uses of any internal and external space to be created by the proposed development and are currently redrafting these proposals to reflect the space provision within the design recently selected by the Design Competition Jury.”

It is difficult to see how councillors can approve a project when there is no clear statement as to what the scheme is going to be used for.

The requests to councillors to spend up to £300,000 on legal costs from Council funds will be very controversial. We have been repeatedly told that the City Garden Project will have no impact on Council budgets, yet this is clearly not the case here. Some will ask how such costs can be justified when services and amenities are being drastically cut elsewhere.

Polling cards for the referendum are to be issued to Aberdeen residents on or around the 16th February. We will be asked for a third time – what do we want our city centre to look like?

The public are being treated with disrespect on this issue. Nevertheless, Aberdonians should ensure that they vote in the referendum.  This one counts.

Jan 112012
 

By Bob Smith.

We’re haein a referendum
Ti decide the fate o UTG
We’re haein a referendum
Aboot fit oor cooncil shud dee
.
Sir Ian an his ACSEF freens
O coorse they hiv nae doot
Jist send in aa the diggers
Haul the trees oot bi the root
.
We maun embrace the 21st century
Fitivver we tak iss ti mean
Seems we shud destroy oor heritage
In the cinter o Aiberdeen
.
Twa designs they hiv pit forrit
As thingies we shud like
Ma answer tae thae numpties
Is awa an on yer bike
.
Winter Gairden his a “giant worm”
Faar fowk cwid sit at tables
Mair like some bliddy monster
Ye micht fin in a book o fables
Look closely aat the Granite Web
Wi its waakwyes o concrete
Fer a skateboarder’s paradise
Ye’ll fin iss hard ti beat
.
The council billies wull decide
Fit een they like the best
Then the resolve o the citizens
Wull be pit tae the test
.
Fer mair than a hunner ear
A green oasis his been in the city
Aa threatened bi an idea
Mair suited ti a Walter Mitty
.
Gweed citizens o Aiberdeen
It’s time ti mak yer mark
An show the City Gairdens Trust
Yer bite’s worse than yer bark.
.
.
.
.
©Bob Smith “The Poetry Mannie” 2012
Jan 062012
 

Over three years ago, Sir Ian Wood announced the City Square Project with the intention of replacing Union Terrace Gardens with “a cross between the Grand Italian Piazza and a mini Central Park.” It has since been renamed the City Garden Project. The cost of building the project is nominally £140 million, of which it has been proposed that £70M of this would be borrowed by Aberdeen City Council involving a tax scheme.  Mike Shepherd offers some analysis of current local government trends, the recession, and what it may mean for Aberdeen.

So what is the justification being put forward for this expensive project, a project that has caused so much controversy since it was announced?

The project’s supporters allege the City Garden Project is needed to ensure that Aberdeen is attractive enough to retain energy professionals long term and to ensure Aberdeen’s economy is based on tourism post-oil.

For instance, an advert by ACSEF in the Press and Journal (January 2010) stated that:-

“Creating a new heart for Aberdeen presents a unique opportunity to put the city on the ‘must visit’ list.”

 Aberdeen City Council is £562 million in debt (2010 figure).
See:
http://www.scotland.gov.uk/Publications/2011/02/21143624/4

Last November, Perth and Kinross Council approved demolishing the listed Perth Town Hall to build a Civic Square in its place, a move that has raised much controversy.  The BBC reported:

“The council said many local businesses supported the civic square proposal. And council officers have argued that full demolition and reuse of the site as a public space would provide the most additional value to the local economy.  The cost of scheme is estimated at £4.4m, but the report said an additional 15,000 people per year would extend their stay in the city, with an extra 60,000 coming for events. “This would result in a combined additional spend per person per visit of £23 generating a total gross expenditure of £1.65m per annum,” it added.
See:
http://www.bbc.co.uk/news/uk-scotland-tayside-central-15742937

Perth and Kinross Council is £222 Million in debt (2010 figure).

A similar controversy has been raging in Cork, Ireland, where the struggling Cork Council has been involved in a plan to install the Sky Garden Project. Celebrity TV gardener Diarmuid Gavin’s Irish Sky Garden won the gold medal at the Chelsea Flower Show (It looks like a giant hanging flower basket).

  There is a pattern here. Local governments the world over are in serious debt

The Council agreed to put the garden on permanent display in the city’s Fitzgerald Park at a cost of at least €300,000, with more than €1.7 million given to the project by Fáilte Ireland, the Irish tourism body.

In tones, redolent of the Aberdeen controversy, the Irish Independent wrote:

“THE taxpayer could be hit with a further bill of over €100,000 in costs connected to Diarmuid Gavin’s award-winning garden.

“Workers’ Party councillor Ted Tynan said the council needed to clarify precisely how much the garden cost, and what the council would pay in transport, insurance and operating costs. He also expressed disbelief that the garden — including its 30-metre high floating ‘pod’ and crane — may only open for three months each year.

“I love gardens and flowers and parks, but this is absolutely ridiculous. You’d put a hell of a lot of flower beds around the city for this kind of money. We should keep our feet on the ground not in the clouds with a sky garden’,” Mr Tynan said

“There are 500 boarded-up council houses in Cork and 120 people with various disabilities waiting on home adaptations. But the funding to go to all this has been cut by central government,” he added.

“Last night, the council said support for the “iconic garden” was in line with the policy that led to the creation of successful visitor attractions in the city.”

“This is part of a long-term policy to create a necklace of top tourist attractions that will bring people to Cork, get them to stay longer here and spend more money here,” a council spokesman said.

“Fáilte Ireland insisted that the garden would generate significant tourism earnings.”

See: http://www.independent.ie/national-news/diarmuid-gavinrsquos-euro2m-lsquosky-gardenrsquo-growing-in-cost-2661548.html

There is a pattern here. Local governments the world over are in serious debt. Services and amenities are being cut, yet it doesn’t stop them from spending money on expensive big-ticket items that might bring visitors in.  There is a feedback loop between local government, chambers of commerce and national government that serves to create the syndrome, “if we build it, they will come”.

  While a worthy cause, this has caused controversy as the annual budget will be part-funded by the city’s Common Good Fund

Where local economies have failed as in Cork for example, tourism may be the last throw of the dice to engender outside income.  There will be much competition for the dwindling number of international tourists as the recession bites. Recent reports suggest that countries such as Greece and Spain will focus relentlessly on promoting tourism as the last glimmer of light in their busted economies.

Aberdeen has caught up on the trend of pushing long-term tourism. The local chamber of commerce have been promoting a new destination marketing organisation for the city called ‘Visit Aberdeen’.

While a worthy cause, this has caused controversy as the annual budget will be part-funded by the city’s Common Good Fund; £107,000 for 2011 / 2012 and potentially for the next six years also. Arguably this is more ‘commerce good’ than ‘common good’.

The draft business plan recognises the future of the City Garden Project / Union Terrace Gardens as a primary issue. It is to be hoped that an organisation part-funded by Common Good money will not be promoting the controversial development of a public park that lies on Common Good land.
See: http://committees.aberdeencity.gov.uk/mgConvert2PDF.aspx?ID=15678

Are the citizens of Aberdeen willing to support the allocation of scarce resources to “a build it and they might come” vision for the city, allowing a public park to be developed for the sake of possible future tourists? Or is this all pie in the sky stuff that will use up money desperately needed elsewhere and will result in the appearance of the Granite City changing forever?

You have the chance to decide yourself.  The referendum on the fate of Union Terrace Gardens will be held in February.

 

 

 

 

 

Dec 292011
 

By Mike Shepherd.

The jury for the City Garden Project will announce the final scheme for the proposed development of Union Terrace Gardens sometime in January.  The choice will be between two designs, one with a web-based motif and the other with a big glass building in the middle which looks like a giant worm.

It is clear from both designs that most of the existing trees will be removed to build the new ‘garden’, whichever is built. 

New trees could of course be planted, but it would be decades before these grew to a comparable size, and this may not even be possible in those areas with a shallow concrete substrate. There will be claims that some of the smaller trees could be replanted, although the practicalities of this are obvious.

The big trees are particularly important as they absorb carbon and filter more pollution from the air compared to smaller trees. One study concluded that for this purpose:

“Big trees, the ones the Victorians planted for us, are what we need to maintain, but they are few and far between.”
See: http://www.theecologist.org

This week saw the shocking news that people living in Scottish cities are being exposed to dangerously high levels of pollutants. A WWF Scotland report identified three pollution hotspots in Aberdeen; Union Street, Market Street, and Wellington Road. These show  levels that are in breach of EU targets intended to protect human health. The main problem is the high levels of nitrogen dioxide caused by traffic fumes.
See: http://www.pressandjournal.co.uk

Aberdeen has a highly-polluted city centre. The solution to the problem would be to reduce the level of traffic in the city centre; pedestrianising Union Street has been suggested as an option.

It is also clear that we need to maintain the tree population of the city centre to help absorb the pollution. The key areas are Bon Accord Gardens, St. Nicholas churchyard and Union Terrace Gardens itself. Otherwise, Aberdeen city centre can hardly be described as awash with trees.

Yet, the proposed City Garden Project will remove a population of mature trees from the city centre. The problem is acknowledged in the Technical Feasibility Study for the project.

“Removal of mature trees and existing ecological habitat; 78 mature trees would be lost including 17 number mature Elm trees. The ecological value of these trees would take decades to replace as many of the trees are up to 200 years old.”

The City Garden Project will itself be a major source of pollution while it is being built (for the duration of almost two and a half years according to the same study).

“Excavation of rock/earth; It is anticipated that 30,000m3 of earth and 35,000m3 of granite will need to be removed from site. This which will cause large environmental impacts from noise, dust, transport and energy use. The removal of this volume of material is equivalent to approximately 3,947 dump trucks of earth and 4,605 dump trucks or more of granite to be removed from site or re-used where possible on site. This would have large environmental and social impacts on the local area and community surrounding the gardens.”
See:  
http://www.acsef.co.uk

It is clear from this, that the ecological downside of building the City Garden Project is substantial. The construction phase will see a protracted period of dirt and pollution in the city centre. By contrast, it is no exaggeration to describe Union Terrace Gardens as the green, living heart of the Granite City; its big trees acting as a natural washing machine, helping to keep us healthy by removing noxious pollution.

Those living in Aberdeen City will receive a postal ballot in mid February allowing them to decide between retaining Union Terrace Gardens or sanctioning the construction of the City Garden Project.

I will vote to retain Union Terrace Gardens.

Dec 152011
 

By Mike Shepherd. 

On Wednesday, Councillors approved to proceed with a referendum on the fate of Union Terrace Gardens.
After the heated negotiations over the referendum question, as reported in last week’s Aberdeen Voice, the question suggested by the Friends of UTG was eventually considered as appropriate.

The poll is to be completed by March 1st 2012, and the result is expected on March 2nd. 

The question to be asked is as follows:

“You are being asked to choose between retaining Union Terrace Gardens or replacing them with the proposed City Garden Project design. (Please read the voter information pack before you vote to make sure that you understand what is meant by “retaining Union Terrace Gardens” and “the proposed City Garden Project design”.)

Which option do you support?  (Please mark a cross in the box beside your choice.)

Retaining Union Terrace Gardens.

The City Garden Project design.

The referendum will involve a postal ballot, although the possibility of internet voting is being looked at. Voting packs will be issued around Thursday 16th February 2012 and ballot papers must be returned not later than 5.00 pm on Thursday 1st March 2012.

Those entitled to vote at this referendum will be those listed in the Electoral Register as local government electors at a qualifying address within the Aberdeen area, and who will have attained the age of 18 on or before 30th November 2012.

This means that those currently under the age of 18 but who are entitled to be included in the register in force until November 2012 with a qualifying date against their names will be entitled to vote in the referendum.

Qualified voters who are not yet on the register and who wish to vote in the referendum must apply to the Electoral Registration Officer at Woodhill House, Westburn Road,Aberdeen AB16 5GE.  Applications must arrive not later than 5.00 pm on Tuesday 10th January 2012.

The poll will be organised by an independent administrator, Crawford Langley.  Crawford comes highly recommended by those who have worked with him before. He will be responsible for the content of the voting packs to be sent to the electors, including the ballot paper, the counting officer’s statement relating to the referendum, the voter identifier, and statements from any campaigning organisations.

Councillors discussed whether the referendum should be binding or not. There are legal issues that mean the referendum strictly can’t be binding. However, in practice it will be effectively binding, as Sir Ian Wood has stated that he will withdraw funding for the project if the public reject it. The Scottish Government have also stated that they will not lend money to the Council if the public do not support it.

On March 2nd 2012 the fate of Union Terrace Gardens will be known. The people will at last be allowed to decide what they want their city centre to look like.

Dec 092011
 

Old Susannah reviews the news of Aberdeen’s who’s who for you, blow by blow. 


A chilly wind blows through town today; it is almost as if the very heavens are in sympathy with Mr Milne, who has lost his £1.7 million pound battle in the Supreme Court.

Who’d have thought it possible? It’s not as if Mr Milne is used to having any losses. So – what’s been going on this week?

The answer is Blowin in the Wind.

Wind Damage: (compound noun) damage to person, property or land caused by extremes in atmospheric wind speed.

The winds have knocked down our brand new City Holiday lights as well, which don’t seem quite so vibrant even if they were briefly very dynamic as they crashed to the ground.  Don’t you worry – I am sure that the City has these brand new lights fully insured.

I don’t know if our ever-dwindling Common Good fund bore the cost of these fabulous lights (I feel better looking at them and bet you do, too), but I know it was money well spent.  Then again, it could have been bought from BiD money, the wonderful scheme wherein some city centre shops voted to stump up money to clean up our high street.

Who could have ever guessed that a gust of wind could show up in the Northeast of Scotland in December, and that giant balls might not have been the best thing to hang over the heads of our pedestrians?  I would say it is a massive  ‘balls up’, but sadly, the balls are going down.  I shall think on these lights fondly, as I  realise this was the best possible expenditure the City could have made.

(I will put out of my mind the story that a  homeless person may have died from exposure on our beach.  The city can’t pay for everything, you know).

Blown off Course: (phrase) To have a person or thing forced off of its course  by adverse wind conditions.

Also because of the wind, there is one less bird of prey at the Scottish Parliament.  A peregrine falcon was being exercised, and a gust of wind blew it off course; it was lost.  Some pigeon fancier who lived very nearby took his trusty gun and blasted this annoying falcon out of the skies.  I guess we’d best re-prioritise and start protecting our endangered pigeons.

Mr Hutchison, of Newmills, Fife, was found guilty of maliciously shooting and killing a working falcon with a .22 air rifle.  Nice work!

Under the Wind: (phrase) to be in a place protected from the wind

And where in Aberdeen can one (in normal circumstances) avoid strong winds?  Why in the sheltering Denburn Valley of course, otherwise known as Union Terrace Gardens.  It is currently a valley, but we are told it must be raised to the level of the rest of Union Street.  It’s this valley that is the cause of all of our woes.  Nit-picking people might ask what will this fantastic public square be like with gale force winds blowing across its flat street-level surface.

I think it might just get a little windy.  Still, we will all be sheltering under the glass worm.  Even if the drawings of this glass thing show that it is open at the bottom and sides, there is no reason to think it won’t be a really cozy place to enjoy your frappucino.  I might not be that comfortable on the monorail John Stewart proposes when the winds blow 90 mph, but I’ll certainly be on it as often as I can otherwise.

Gusts: (noun) short,  strong bursts of wind.

Old Susannah was  on the road to and from Peterhead today, and thought it was a bit windy.  How wonderful – for who loves wind more than the rich and famous?  Rock stars, actors and actresses, millionaires – these people of course love the winds of north Scotland in winter.  With Mr Trump soon to open the universe’s greatest golf course, the jet-setting rich will be queuing up for a place in the holiday homes in the winter months.

I can just imagine Brad and Angelina walking hand-in-hand on the shore in the kind of weather we’re having right now. These resort visitors will be very important gusts indeed.

Hello! Magazine will have to open a branch office in Aberdeen once Donald’s up and running.  Just as well he fixed those previously moving sand dunes!  They might have moved!  With Don jun (junior Donald Trump – a child or clone I think) on hand this week to see things through, we’ll be rolling in dosh and created jobs before you know it. There is only one obstacle left to conquer.

Windmills: (noun) devices  for capturing energy from wind and harnessing it for practical purposes.

We will not have  these important VIPS if we also go ahead and build windmills that they might  actually have to look at while they stroll the no-longer-moving sand dunes in  February.  As the 90 mile per hour wind howls in their faces as they attempt to golf before the sun goes down at 4pm, the last thing we want to do is make them look at windmills.  These offshore Satanic mills must be stopped at all costs.  The offshore wind turbines must not go ahead – but is there someone up to the job?

Blowhard: (noun) a person who boasts or brags in an irritating fashion.  A loud, brash, showy individual.

I know Donald Trump has a very large staff  working round the clock on his successful developments.  I only hope there is somewhere hidden in the Donald Trump organisation someone who  is a blowhard who can stand up against the windfarm plans.  If anyone with any experience of the Donald Trump organisation can think of  anyone in it who can be a bit of an obnoxious, aggressive irritating blowhard, please get in touch.

Blowing hot and cold: (phrase) to have contradictory characteristics

You could have been forgiven for thinking Mr Milne had some nerve taking us to the Supreme Court.  It would be unkind to suggest such a thing.
Person or persons unknown in Aberdeen City Council sold him land at a discount for a fraction of its cost, and he agreed to share any profit.  It’s not Stew’s fault i selling this land (worth £5.6 million which cost him all of £375,000) meant his legal costs were over £500,000.  It must have been complex, selling land from your left hand to your right hand – the companies involved were Milne entities.  Why exactly he had to sell from one part of his empire to another is a business matter we couldn’t possibly understand.  It might look as if he wanted to avoid sharing profit with Aberdeen City, but I am sure that was the furthest thing from his mind.

Our City council tells us it always gets value for money.  Fantastic. Our city council sold Milne land for some 5,225,000 less than it was worth.  Our city council cannot possibly afford a referendum on whether or not to build a giant worm and/or monolith where we have the Denburn Valley.

I could be wrong, but on the odd occasion I think ACC just might blow hot and cold.

Putting the Wind up: (phrase) to make nervous or upset.

Attention councillors:  the elections are in May.  This may put the wind up some of you.  You know who you are.  Gerry Brough is getting the wind up as well – he wants the garden project underway before the elections.  I don’t think so Ger.  Some council officers might want to start clearing their desks (and no doubt shredding documents) soon, too.

Next week:  Part 1 of  ‘An Aberdeen Christmas Carol’ (with apologies to Charles Dickens).  Unfortunately I am at a loss as to what local  I can possibly cast as a mean, domineering, money-loving megalomaniac.  No doubt something will come to me, touch wood.

 

Dec 092011
 

The Council will be voting on Wednesday on proceeding with either a referendum or an opinion poll in an attempt to resolve the controversy over the fate of Union Terrace Gardens. Mike Shepherd reports that the outcome of the issue on a referendum question has already turned into a total mess.

One of the issues that has been recognised is the need to ensure that the wording of any question asked is fair and acceptable to both sides.

On this basis, both the Friends of Union Terrace Gardens and the Aberdeen City Garden Trust were asked to concur on a suitable question for councillors to agree on at the full Council meeting on the 14th of December.

In practice, this would involve a council officials acting as a mediator.

In good faith, I submitted a group suggestion for the question to the Council as follows:

You are being to ask to choose between either retaining Union Terrace Gardens or replacing them with the proposed City Garden Project design

Which option do you support?

A) Retaining Union Terrace Gardens
B) Building the City Garden Project

Very simple, clear and nothing controversial, you would have thought.

The Council Officer replied with this:

“For your information, based on the responses I have received, the proposed question that I will now be recommending to Council on 14 December (subject to final, last minute consultation with other Council Officers), is as follows:

You are being to ask to choose between either retaining Union Terrace Gardens or replacing them with the proposed City Garden Project design (please read the voter information pack to make sure you understand what is meant by “retaining Union Terrace Gardens ” and “the proposed City Garden Project”).

Which option do you support? (please place a cross in the appropriate box)

A) Retaining Union Terrace Gardens
B) Building the City Garden Project

“I feel that this is a reasonable compromise and trust the FOUTG agree that this represents a fair and balanced position. Kind regards, Gerry Brough.”

I agreed to this. So what happens next?

The Aberdeen City Garden Trust left it to the last possible moment to object to this, allowing no time to be made for any compromise. This was at about 5pm on Monday night this week, when the final wording was needed for the Council report first thing Tuesday.

“Dear Mike,

“Further to my earlier note, I can confirm that ACGT have replied this afternoon asking for some changes to be made to the proposed question, so that it reads as follows:

You are being asked to choose between either retaining Union Terrace Gardens or replacing them with the proposed City Garden Project design which includes Union Terrace Gardens and the covering of the adjacent dual carriageway and railway line.
[please read the voter information pack to make sure you understand what is meant by retaining Union Terrace Gardens and the proposed City Garden Project]

Which option do you support ? (please place a cross in the appropriate box)

A) The proposed City Garden Project
B) Retaining Union Terrace Gardens

“ACGT feel that the previous suggested compromise question makes it appear that the City Garden Project is restricted to Union Terrace gardens, when in fact UTG is only part of the City Garden Project development area.

“They also feel that since retention of the gardens is placed at the beginning of the introductory paragraph, it is only fair that the option for supporting the proposed City Garden project should be the first option on the ballot paper.

“Can you please indicate whether these changes are acceptable to FOUTG.

“Regards, Gerry Brough”

I replied that the proposed wording was highly ambiguous, confusing and gives far more wordage to one side than the other. The Council official then decided that as the two sides could not agree on the referendum question, the councillors should decide at the full Council meeting next Wednesday instead.

“Since it was not possible to obtain complete agreement prior to the submission of this Council paper, Council are therefore asked to take a view as to whether they would prefer to endorse the question in 5.3 d), 5.3 e) or 5.3 f) or, indeed, whether they wish to propose a further compromise between these three positions.”
http://committees.aberdeencity.gov.uk/mgConvert2PDF.aspx?ID=17676

I complained bitterly about this as what had happened here was highly irregular.

“Gerry.

“We participated in good faith last week. The ACGT only replied last night, too late. This has stalled the process of mediation as recommended by councillors. This is unacceptable.

“We are not at fault and should not be penalised for this. We insist that our question should stand. This does not bode well for a fairly conducted referendum and we may have to reconsider our options. – Mike”

I received this reply from Mr Brough (this is the last bit of the email):

“Nobody is being penalised.

“As you can see from the attached 5.3 that I sent to you, the process for determining the question is set out clearly up to the final submission received before the paper needed to be submitted. Council members are then being asked to either choose between these latest proposals, or come up with an alternative of their own that they consider to be fair and balanced for both parties.

“I understand your desire to undermine process, as a means of campaigning against any development of UTG. However, in this case, I believe that you are stretching a point to suggest that you have been in any way treated unfairly

“Also, although you “insist” that the FOUTG question should stand, FOUTG need to accept the fact that any referendum will be run by the City Council and that it is ultimately for the Counting Officer to decide, after consultation with Campaign Groups, on a suggested question.

“At a statutory referendum, the question is set by parliament, through consultation and, although there are no rules for the Council to follow, best practice suggests this should be done by the Counting Officer. This is the view expressed by the Electoral Commission.

“The Council are therefore putting in place a process to test various proposed options in advance of the Council Meeting, so that both Council and the Counting Officer can have some comfort concerning the appropriateness of the question.

“Regards, Gerry”

I now have a series of meetings with Councillors and the Council Executive to discuss what has happened. I will make it clear that the ongoing participation in a referendum depends on both sides being treated fairly. However, this is not a good start.

STOP PRESS – Council seeks views of the public re referendum question.
Consultation closes Monday 12th December.

http://www.aberdeencity.gov.uk/CouncilNews/ci_cns/pr_referendumoptions_081211.asp

Nov 172011
 

 By Mike Shepherd.

On Tuesday a Council committee voted to defer a decision on a referendum for the City Garden Project to the full Council meeting on the 14th December.

Although an amendment was introduced to propose an opinion poll as an alternative, a vote for a referendum looks more likely.

If such a referendum was to happen it would be held either two months before or two months after the local council elections on May 3rd.

This is one of many setbacks to have affected the City Garden Project (CGP). Here is a summary of the problems facing the scheme:

The City Garden Project is way behind schedule:  It is almost exactly three years since Sir Ian Wood announced his Civic Square proposal at His Majesty’s Theatre on the 11th November 2008. Although we are close to seeing a final design, the project is nowhere near planning submission and funding is very uncertain.

The vote on Tuesday looks to introduce further delays. It also probably shunts the planning decision well into the next Council, when at least one of the proponents of the scheme, John Stewart, will not be on the Council any more, having announced that he will stand down.

The City Garden Project is unpopular: This statement gets vigorously challenged by supporters of the CGP, yet it is clearly the case. The consultation held two years ago saw a ‘no’ vote for the CGP, and various online polls have shown a consistent numerical advantage to those wanting to keep the existing Gardens. The probability is that a referendum would reject the CGP.

The Design Exhibition failed to create any buzz in the city: The Friends of Union Terrace Gardens canvassed opinion outside the exhibition while it lasted. About half of those we talked to were unhappy about the designs. Many spoiled their votes.( by attempting to vote for the non-existent ‘option 7’.) Of those that voted, a common vote was for a design that appeared to preserve the Gardens (it doesn’t), although they reported they did this without much enthusiasm.

The land issue is a headache for the Council lawyers: Union Terrace Gardens lies on Common Good land and any land transaction, i.e. assigning a long term lease to a limited company or trust, would probably require an application to a court of session to apply for a change in status of the property.

The Council lawyers are well aware of the legal pitfalls that could ensue over the details of a property transaction (as witness the pending court case between Aberdeen Council and the Stewart Milne Group).

it involves the allocation of scarce public money using non-economic criteria

Currently,Union Terrace Gardens has negligible value as it is zoned as public open green space in the local plan.  However, should this status change at a later date and the property is re-zoned as commercial space, the land value will be in the tens of millions as prime down-town real estate.

The lawyers will have to be especially careful on this issue, particularly where a long term free-hold lease could potentially be assigned to a limited company.

Funding the City Garden Project is a big problem:  To date only £55M of private money has been pledged for a project nominally costing £140M. The CGP are pushing the Council to underwrite a loan of £70M through Tax Incremental Financing (TIF) to help part fund the scheme.

Aberdeen Council’s business case was so feeble it didn’t even rank in the top six schemes assessed for recommendation by the Scottish Futures Trust. Even so, the Scottish Government Cabinet Secretary for Infrastructure and Capital Investment, Alex Neil, has told Aberdeen Council that their TIF application may still be considered. However, the TIF would be awarded on a ‘geographical’ basis rather than an ostensibly ‘economic’ basis.

This can be criticised as very poor Government practice; it involves the allocation of scarce public money using non-economic criteria. It also begs the question that if the business case doesn’t stack up, why is the debt-ridden Aberdeen Council under consideration to be allowed to borrow money for it?

Questions are being asked in Holyrood about Aberdeen’s TIF funding. This is from an article by Steven Vass in last weekend’s Sunday Herald:

“First Minister Alex Salmond’s decision to permit Aberdeen’s £70M borrowing plan for redesigning the city centre will come under renewed fire when he is forced to answer questions in the Scottish Parliament this week.

“Lewis MacDonald, the Aberdeen MSP and long-time opponent of the scheme, said there was a “scandal lurking under the surface” around the permission. He has tabled a series of parliamentary questions demanding answers to speculation the Government’s approval overruled the economic advice of specialists at the Scottish Futures Trust, who were supposed to decide which projects would go ahead.”

Another potential show-stopper is that last year the Council decreed that borrowing money through a TIF scheme must present ‘zero risk’ to the Councils finances.  The only realistic way this could happen is if an organisation or individual was prepared to underwrite the Council loan.

This would be a major commitment to say the least, as it would involve underwriting £70M for a 25 to 30 year period. Perhaps Sir Ian Wood is willing to do this, but even for him or his family trust, it would involve a significant allocation of capital resources over a long term period.

Add to this the question of cost over-run. One architect told me this week that with the massive rock excavation operation involved and the difficulties of building over the railway line, there was no way of this project coming in on budget. Yet, very little has been said about what would happen if the costs do over-run massively.

The problems are stacking up for the City Garden Project and even three years later they are not much closer to being resolved. The patient is looking sickly and the prognosis is not good.

Nov 102011
 

By Mike Shepherd.

The next big event in the Union Terrace Gardens saga is the meeting of a Council sub-committee on Tuesday 15 November to discuss the holding of a public referendum on whether or not the City Garden Project should proceed.
Given events to date, it is not surprising that the  report for this meeting is proving highly controversial.

An eye-catching statement in the report  is that the referendum should be non-binding on Councillors. The report itself identifies an obvious problem here:

“Since the referendum has been proposed as a mechanism for advising Councillors, it should be non-binding. However, it must be recognised that this runs the risk of compromising the credibility of the referendum exercise.”

This was put more forcibly by Ron Campbell in a letter to The Press and Journal on Wednesday 9 November. Suggesting that this left open the
possibility that the project could go ahead even if voted against by the majority, he wrote,

“So, it’s just a re-run of the previous ‘poll’. Heads you lose, Tails you lose. Brilliant. What’s the point of  a referendum if you ignore it?

The report suggests that the reason for the non-binding clause is that there could be conflict with the planning process. What this conflict could be is not clear.

Councillor Kate Dean had a go at explaining this on Facebook,

“It’s not appropriate for me to go into detailed discussion of a Committee report before it is considered by the Committee. However, the problems would arise if the referendum says yes and the resultant Planning Application doesn’t meet the appropriate criteria to be approved.

“Or, if the referendum says yes, would there be a public expectation that the application would be approved regardless of its planning merits? Or would there be a perception among those who would be aggrieved at a “yes” vote that this would happen?

“Please note, I’m not giving any opinion on the answers to any of the above, simply a flavour if the advice which has led to that  recommendation.

“Obviously, if the result of the referendum is a “no”, none of these scenarios applies, but surely it would be unwise of the Council to go into anything without exploring the implications of all possible outcomes.”

Somebody on Facebook suggested that you could get round this by making a Keep UTG ‘yes’ vote binding, but the build the City Garden ‘yes’ vote, non-binding.

The credibility of the referendum is clearly an issue. Another concern is that the question asked could be rigged to create a psychological bias. The suggested question in the report is,

“Please indicate whether or not you support redevelopment of  Union Terrace Gardens, in accordance with the Aberdeen City Garden Trust Ltd’s preferred design proposal, by ticking one of the following boxes:

YES, I support the proposed City Garden Project

NO, I want to retain the existing Union  Terrace Gardens”

There is definite bias in this question. The City Garden Project is the positive option, retaining the existing Gardens is the negative option. It should also be mentioned that neither side actually wants to maintain the status quo. The Friends of Union Terrace Gardens would like to see a sympathetically-restored park.

The report mentions that the wording will be up for public discussion; however the Council has the final choice on wording.

“The proposed wording for any ballot paper be placed on the Council’s website for a period of at least two weeks, so the public have a chance to comment on this, or propose alternatives. The Council would take account of these comments before determining the final question.”

There are good reasons for the Council not to oversee the referendum. The Council report itself indicates clear support for the City Garden Project describing it as “a vital piece of social, cultural and leisure infrastructure”. This is not impartial. The alternative is that the referendum should be run or overseen by the Electoral Commission.

One of the reasons for holding a referendum, probably in late February, is that the Scottish Government has made it clear that TIF funding will not be progressed unless public support has been demonstrated for the City Garden Project.

In a further development, the criteria by which Aberdeen‘s TIF case has been assessed is also under question. An article in last week’s Sunday Herald (6 November 2011) questioned the criteria for including Aberdeen as an additional case, after awarding the three remaining TIF schemes.

“In an interview with the Sunday Herald, the Cabinet Secretary declined to say whether it scored fourth on the SFTs list, stoking speculation that it was moved ahead of other projects for political reasons. If Aberdeen did not come fourth on the list, the council that did is likely to be disappointed to have been turned down.” 

Alex Neil said,

“We are not disclosing the ranking because the SFT’s advice was based on the narrower economic conditions, whereas we then applied other criteria, primarily a geographic spread because it would be unfair to concentrate the TIFs in one part of the country.   We are not getting into publishing ranking tables at this stage.”

The idea of a geographic spread for the TIF cases is inconsistent with previous statements. The Government web page makes the position on TIF clear:

“The Scottish Government tasked the Scottish Futures Trust (SFT) with developing appropriate criteria for the potential application of TIF in Scotland and to work with local authorities in developing their proposals. SFT will need to be convinced, on behalf of Ministers, that the economic case for a particular TIF is clear.”

One other problem for TIF is that Councillors have stated that any loan through TIF should involve no financial risk to the Council. The problem with this was highlighted in a Holyrood Magazine report on TIF:

“Councillors have also insisted that the project must pose “zero risk” to the city’s finances. That is an additional hurdle, admits Brough, but it also acts as a litmus test for the viability of the scheme.

“If we can get someone to provide that guarantee, our business case is solid; if we can’t convince someone to underwrite the risk, then it’s too big a risk,” he says.”

One can’t help feeling that the City Garden Project has turned into a murky, political and economic quagmire. If it’s bogged down in a procedural mess, it’s arguably a consequence of ignoring the vote on the public consultation two years ago.

Nov 042011
 

By Mike Shepherd.

The design competition for the City Garden Project has just finished at the Pier in Belmont Street and the organisers say that about 15,000 have visited to see the six designs on display.

The Friends of Union Terrace Gardens canvassed outside the exhibition for the entire three weeks it lasted.

We managed to speak to many of the public as they came out and we asked them their opinion. Probably between 10 and 20% liked the designs and at least a half felt uncomfortable with them. Many had spoiled the ballots, particularly as the option to keep the existing gardens had not been included.

Of those that voted, option two (the one with the worm-like greenhouse over the middle of the railway) was preferred as it was seen as the least damaging. A couple of architects told us that this was probably the Norman Foster design. Our general impression is that the Aberdeen public were underwhelmed by the designs, more the woe factor than the wow factor.

I’m not sure it was made plain to those taking part that their vote was merely serving to give an indication to a jury who would actually make the final choice, not them. The jury includes Sir Ian Wood. The jury will come to a decision sometime later in the month.

Option two “the worm” is likely to be a forerunner. The bumph describes it as “Protecting the gardens, transforming the setting”. For some, it has a close resemblance to the Millennium option, which largely preserved the gardens but decked over the road and railway. The Millennium option was proposed for a lottery funded project in the late 1990s but was passed over.

However, option two does change the gardens despite appearances to the contrary.

The balustrades are removed on the theatre side with a wide series of steps leading down to a circular amphitheatre below. The famous crest disappears. On the Union Bridge side, the gardens ramp up to street level. It is clear that many of the trees will be removed.

There are early signs that the Friends of Union Terrace Gardens could be asked to compromise on this option given that it appears to be the least destructive. This will be an attempt to muddy the issue with the public.

However, our constitution is clear. A key aim is to “to campaign for the conservation and improvement of Union Terrace Gardens”.  Option two does not conserve Union Terrace Gardens and we cannot support it.

Aberdeen City Council’s plan to use TIF for Union Terrace Gardens project will be progressed if public support for the project can be demonstrated.  

The Scottish Government issued a press release on Tuesday about TIF funding. They have proposed six pilot projects whereby Scottish Councils will be allowed to borrow money for regeneration projects and capture the business rates generated to pay off the loan (Tax Incremental Financing).

Two have been approved and another in Glasgow is to be approved pending a local council vote.

Aberdeen was hoping to gain one of the three remaining slots but was unsuccessful. However, the Government did announce that “Aberdeen City Council’s plan to use TIF for Union Terrace Gardens project will be progressed if public support for the project can be demonstrated”.

So the Aberdeen submission did not appear to meet acceptance for one of the six cases on business merits, yet is being given preferential treatment if the public like it.

Behind the scenes, Aberdeen Council have been lobbying hard to get an award.

Given that £70M of public money is involved here, it is alarming that the money appears to have been promised on grounds other than objective business criteria.

This decision has overtones of what Americans call pork barrel politics:

“Pork barrel is a derogatory term referring to appropriation of government spending for localized projects secured solely or primarily to bring money to a representative’s district.” (Wikipedia).

The instance on demonstrating public support would appear to make a public referendum more likely. This is not supported by the City Garden Project team. One of their members told us:

 “I don’t think we should have a referendum because the public is not sufficiently informed to make a sensible decision.”

An opinion poll would be their preferred option.  The leader of the Council Callum McCaig disagrees. He told me in an email on Wednesday that:

“I’m quite clear that we need to have a referendum on the issue. Even the best opinion poll will come with a margin of error and if the result was close there would always be an element of doubt over the validity of the poll.

“Yes a referendum will not be cheap, but given the scale of the proposed investment, and the indication from the government that a clear demonstration of public support being required before they approve a TIF scheme, it is a price worth paying to have a definitive answer as to whether the public want this project to go ahead.

The Council are currently investigating the options for running a referendum and a vote on this is due to take place later this month.

What would be the result in a referendum? Scottish Television gave an early indication when they ran a straw poll with over 1,100 taking part. Preserving Union Terrace Gardens was an option along with the six other city square designs.   74% voted to keep the Gardens.