Agenda and minutes

The Chair asked Members if they had any interests to declare, in terms of the Councillors’ Code of Conduct.

Councillor Menard declared an interest in Item 6, (APP/2022/3000 - Full Planning Permission for Erection of Supermarket, Including Cafe, Petrol Station, Car Parking and Associated Works, Vehicular Access and Landscaping, Canal Park, Banff Canal Park), as having submitted a letter of representation on the application before he became a Councillor.  He indicated that he would leave the meeting and take no part in the determination of the matter.

Councillor Reynolds declared an interest in Item 10, (Banff and Buchan Coastal Communities Fund 2023/24) as a Board member of the organisation which had applied for funding.  He indicated he would leave the meeting and take no part in the determination of the matter.

Councillor Cox made a transparency statement on Item 10 (Banff and Buchan Coastal Communities Fund 2023/24) by virtue of his association with Banff Castle, used as a venue by the applicants for funding, but having applied the objective test had determined that he would stay in the meeting and take part in the discussion of and determination of the matter.

Consider, and if so desired, adopt the following resolution:-

(1)       to have due regard to the need to:-

(a)               eliminate discrimination, harassment and victimisation;

(b)              advance equality of opportunity between those who share a protected characteristic and persons who do not share it; and

(c)               foster good relations between those who share a protected characteristic and persons who do not share it.

(2)        where an Integrated Impact Assessment is provided, to consider its contents and take those into account when reaching a decision.

In taking decisions on the undernoted items of business, the Committee agreed, in terms of Section 149 of the Equality Act 2010:-

(1)       to have due regard to the need to:-

(a)  eliminate discrimination, harassment and victimisation;

(b)  advance equality and opportunity between those who share a protected characteristic and persons who do not share it; and

(c)  foster good relations between those who share a protected characteristic and persons who do not share it, and

(2)       to consider, where an Integrated Impact Assessment has been provided, its contents and to take those into consideration when reaching a decision.

The Committee agreed, in terms of Section 50A (4) and (5) of the Local Government (Scotland) Act 1973, to exclude the public from the meeting during consideration of the items specified below so as to avoid disclosure of exempt information of the classes described in the undernoted paragraphs of Part 1 of Schedule 7A of the Act.

Item No                                       Paragraph No of Schedule 7A

            11                                                                    8

There had been circulated and was approved as a correct record the Minute of Meeting of the Banff and Buchan Area Committee of 20 February 2024.

A report by the Banff and Buchan Area Manager was circulated detailing the items of outstanding business as at 6 March 2024.

Having heard from the Area Manager details about the timing of the expected conclusion of the remaining matters of outstanding business, the Committee agreed to note the items of outstanding business as at 12 March 2024.

With reference to the Minute of Meeting of 20 February 2024, (Item 7), there had been circulated a report dated 29 February 2024 by the Director of Environment & Infrastructure Services, requesting Members’ consideration of an application for Full Planning Permission for Erection of 35 Dwellinghouses and Associated Infrastructure at Land to the North of Cairn Close, Memsie, Fraserburgh, recommended for delegated grant as within a settlement allocation OP2, in the Local Development Plan.

Members heard from Miss Geddes, Senior Planner, details of the application. deferred on 20 February 2024 for a site visit which took place on Tuesday 5 March 2024.

This was a major development, covering 2.6 ha, allocated in the development plan as OP2, with an indication of 20 houses.  The waste water treatment plant would be upgraded to adoptable standard and surface drainage would be by soakaways.  The layout, density, and plot sizes were in keeping with those in the adjacent development to the south, and also included open space in excess of the policy requirements, with bio-diversity enhancement measures.  Assurance was given that SEPA were satisfied that there would be no flood risk.

Reference was made to the Viability summary report which had been shared in confidence with the Members, and Miss Geddes indicated that the Planning Service had accepted this as the scheme was unlikely to be fundable or otherwise proceed in the current housing market.  On that basis, and in accordance with policy, a commuted sum had been accepted in terms of Developer Obligation, allocated to affordable housing and not include a contribution to healthcare and sports provision which would have otherwise been required.  This would be undertaken as a Section 75 agreement, which would include a clawback mechanism which would seek funds to cover both affordable housing and developer obligations should the financial circumstances change during the build.  The application was deemed to demonstrate good place-making and so was recommended for delegated grant.

Questions were asked of officers of the topography of the site; the monitoring and clawback mechanism that would be applied to the commuted payment proposed, more commonly related to commercial development, but also appropriate to housing development; whether an additional entrance could be conditioned as it was not required by Roads Technical Standards; the allocation of green way/ cycle routes which could be used for emergency access; and the need for careful traffic management during the construction period to safeguard other road users and pedestrians, particularly adjacent to the play area and at times of school bus arrival and departures.

Members confirmed they had sufficient information to determine the application.

The Committee agreed:-

(1) that authority to GRANT Full Planning Permission be delegated to the Head of Planning and Economy subject to (a) a Section 75 agreement to secure commuted sum payment for affordable housing and to incorporate a clawback mechanism in the event that the financial circumstances change; and (b) the following conditions:-

01.          In accordance with Section 58 of the Town and Country Planning (Scotland) Act 1997 (as  ...  view the full minutes text for item 5.

Councillor Menard, having declared an interest in the matter having submitted a letter of representation on the planning application before being elected as a Councillor, left the meeting and took no part in the discussion of, or determination of, the application.

There had been circulated a report dated 1 March 2024 by the Director of Environment and Infrastructure Services, requesting Members’ consideration of an application for Full Planning Permission for Erection of Supermarket, Including Cafe, Petrol Station, Car Parking and Associated Works, Vehicular Access and Landscaping at Canal Park, Bridge Road, Banff, Aberdeenshire, recommended for refusal as contrary to the Local Development Plan and National Planning Framework 4 in that issues relating to the site access and site flooding and drainage had not been, and may not be, addressed satisfactorily.

Members heard from Mr. Martin, Senior Planner, of the details of the proposal, including the demolition of an existing community centre, the layout of the proposed supermarket development and ancillary uses, including a home shopping unit, petrol filling station, and car parking provision.  He referred to the 2 new access points which were proposed, the serviced public water mains provision and foul water drainage.  There had been early engagement on the nature, design, and finish of the proposed erections, with a positive reflection on the current proposals. 

Mr. Martin spoke of the significant representations both for, and against, the proposal.

The first factor in the recommendation of refusal was a statutory consultee’s (SEPA) objection, in terms of flooding: they would have accepted redevelopment of a size comparable to the existing community centre building on site, but not the increased size proposed in the application.  Any flood mitigation would need to be for the whole area, not just the development site.  The Council’s Flood Protection team had made similar comments.

The second factor related to access.  The Council’s Roads Development section had issued a holding response, including issues relating to access onto the A98 (New Road), which could require additional land and had implications for the proposed internal layout, with the works unable to be done within the existing site boundaries, and matters relating to pedestrian and cyclist access to, and within, from the site.

Mr. Martin reported that the cumulative impact of a supermarket development at Macduff, recently approved, had not been assessed but that an updated retail assessment had been requested.

He concluded that, whilst acknowledging the positive aspects of the proposed development, the issues of flooding and drainage seemed insurmountable, and the matters regarding access would require a new application to be addressed.  As in breach of policies in both National Planning Framework 4, and Aberdeenshire Local Development Plan 2023, the application was recommended for refusal.

Questions were asked for clarification on SportScotland’s change of stance in response to consultation regarding loss of open space; discussions held on wider traffic impact assessments in the context of relevant information not being provided, beyond that for a simple priority junction which was deemed to be insufficient, to allow the Roads  ...  view the full minutes text for item 6.

There had been circulated a report dated 19 February 2024 by the Director of Environment & Infrastructure Services requesting Members’ consideration of a final report on the regeneration strategy: Developing Excellence in our North Coast Communities for Banff, Macduff, and Fraserburgh, highlighting the progress achieved across the programme.

The Committee heard from Mrs Webster, Team Manager, Place Economy, and Mrs Robertson, Place Economy Executive, of the work undertaken with partners in actioning the vision relating to the 7 Year Developing Excellence in our North East Communities programme, in Banff, Macduff, and Fraserburgh.

Assurances were given of the key role of Elected Members in driving and supporting change, with the work to continue in established partnerships, and ongoing priorities, including progressive procurement-benefits, both community and jobs, carried forward.  Similarly, the work to deliver on the Fraserburgh Beach Master Plan would be progressed across relevant services and partners.  The Council’s move to place based plans was intended to simplify relationships in Community Planning.

Officers acknowledged that it had not been possible to deliver on all projects as originally anticipated: for example, the electrification of Macduff Harbour still awaited appropriate match-funding.

Questions were asked for officers, on the transition to a more simple plan process, including both the reassessment and incorporation of existing datasets across services and the need for continuity in staffing support; the timescale for Council’s agreement of a place policy and strategy; the need for adequate resources to support the place planning development and process; the proportion of actions which could be directly linked to the original Regeneration Plans; the number of businesses supported reported, in the context of the number of businesses in the area; the impact of the downturn in night time economy on both local community and visitors; the need to consider current downturn in shopping and other business opportunities; the commendable work of partners, both as individuals and in joint working; the data relating to the works at the Smiddy in Banff; the redevelopment of Macduff Marine Aquarium; the lack of conference scale hotel accommodation in the Fraserburgh area; the need for positive procurement to support local firms in their potential tendering for contracts, in terms of community wealth building, in the context of the legislative constraints; the potential for local events to support major and smaller companies to realise procurement opportunities; the timing of the stopping of the Regeneration Programmes before Place Planning had been agreed and established; the proposals to redistribute any residual Regeneration Plan funding; the route through which Elected Members might continue to be able to oversee and scrutinise continuing projects; and how local communities and businesses would continue to be supported, across services, while place planning was established.

Members heard from the Area Manager of the coordination which was anticipated across the Council in the establishment of, and resourcing of, the move to place planning, and the anticipated timeline for the consideration of a policy by Full Council.

The Committee agreed:-

(1)           to welcome the report and commend the officers for progress  ...  view the full minutes text for item 7.

There had been circulated a report dated 21 February 2024 by the Director of Business Services requesting Members’ consideration of the Council’s British Sign Language Plan 2024 -30, as required by Scottish Government within six months of its publication, in November 2023, of its National British Sign Language Plan 2023-2029.

Members heard from Mrs McCallum, Business Strategy Manager, Business Services, of the evolution from the Council’s previous BSL plan and the actions proposed to continue to support the initiatives across all services and communities.

Questions were asked on the sharing of best practice across other local authorities and public bodies; the information and learning applied from public consultation and user engagement; and the potential to consider the use of sub-titles on all Council video productions, and not simply rely on the closed caption functions of YouTube.

The Committee agreed, having considered the draft Aberdeenshire British Sign Language Plan, as appended to the report:-

(1)      to welcome the Draft Plan; and

(2)      that the Business Services Committee be requested to consider ensuring that all Council video productions be sub-titled where possible.

There had been circulated a report dated 27 February 2024 by the Director of Education and Children Services requesting Members’ consideration of (a) the progress of actions in the Banff and Buchan Community Plan 2022-2025, and (b) an update on the incorporation and alignment of priorities and activities carried forward from the outgoing Fraserburgh and Banff & Macduff Locality Plans, as part of the phased transition to place plans in Banff and Buchan.

The Committee heard further from the Community Planning Officer, Banff and Buchan, Mrs Sinclair, details of the progress of the community planning work, collating information from Community Planning partners and original action leads.  She spoke of need to sense check relevant and timely issues, such as the impact of challenges such as the Cost of Living in the closure of the existing Locality Plans in the move to place planning, and the need in joint working to have the right people involved in any decision making to unpick existing priorities and consider the emerging priorities.

Assurances were provided by officers of the key role which Elected Members would play, utilising their knowledge of local communities for future multiagency working.

Questions were asked on the outcomes expected for Connected Communities in the context of reliability of public transport connections between Fraserburgh and Peterhead; the potential impact of the removal of funding on mentoring schemes with youth; whether joint working was still ongoing with the Scottish Fire and Rescue Service (SFRS), despite the conclusion of the FraserDeen project in 2022; the need for clarification on local demand for allotments in both Fraserburgh and Banff/ Macduff; the provision of Confidence for Cooking sessions in Fraserburgh via the AoG church, previously a successful applicant for Area Initiative and other funding for its kitchen works; and the continued working by Community Learning and Development (CLD) officers in working with both Fraserburgh and Banff Academies on alternative accreditation schemes for learners.

Having considered the progress of actions in the Banff and Buchan Community Plan 2022-25, the Committee agreed that the undernoted comments be made to the Banff and Buchan Local Community Planning group:

(1)      that there is a need to ensure that the Community Action Plan transition to Place Planning leaves no gaps;

(2)      that transportation issues have to be brought forward to ensure arrangements support access services and work and similar opportunities; and

(3)      to welcome the report and commend the work being undertaken by the Community Planning Officer, Banff and Buchan.

Councillor Reynolds, having declared an interest in this item as a Director of the applicant, left the meeting and took no part in the discussion of, or determination of, the matter.

There had been circulated a report dated 5 March 2024 by the Director of Education and Children Services (a) updating Members on the Coastal Communities funding for 2023/24 from Crown Estate, Marine Scotland funding; and (b) requesting Members’ consideration of an application from the Foyer from the funds for 2023/24.

The Committee heard from the Area Manager of the details of the application and agreed:-.

(1)          to note the confirmation of Banff and Buchan funding allocation from the Crown Estate for 2023/24 as £94,404;

(2)          to approve the application, detailed in Appendix 2 to the report, by the Foyer, Banff, for £10,000 towards the purchase and installation of a grass-roofed storage container for equipment storage from the 2023/2024 allocation; and

(3)          to note that a balance of £84,404 would remain to be disbursed by 31 March 2025.

There had been circulated a report dated 7 February 2024 by the Director of Education and Children’s Services requesting Members’ consideration of a Procurement Work Plan for the refurbishment and reconfiguration of pupil toilets at Fraserburgh Academy, encompassing the refurbishment of existing boys and girls toilets, and the creation of a non-sex specific toilet block and new accessible toilet.

Having heard further from Mr. Mitchell, Estates Programme Manager, Education and Children’s Services, and Mrs Irene Sharp, Head Teacher, Fraserburgh Academy, details of the proposed works, the Committee agreed, having considered the Directorate Procurement Plan as detailed in Appendix 1 to the report:-

(1)           to approve the items on the Procurement Plan; and

(2)           not to reserve approval of the Procurement Approval Form for any item in the Plan where the value is between £50,000 and £1,000,000.