Agenda and minutes

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

No interests were declared. 

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; and

(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.

Consider, and if so decided, adopt the following resolution:- “That under Section 50A (4) and (5) of the Local Government (Scotland) Act 1973, as amended, the public and media representatives be excluded from the meeting for Items 10 and 11 of business below, on the grounds that it involves the likely disclosure of exempt information of the class described in the relevant paragraphs of Part 1 of Schedule 7A of the Act.”

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

            10                                                    9

            11                                                    9

The previous minute was circulated and approved as a correct record of the meeting of Banff and Buchan Area Committee of 28 January 2025

A report by the Banff and Buchan Area Manager was circulated detailing the items of outstanding business as at 18 February 2025.

The Area Manager provided the Committee with a verbal update on specific items and responded to queries raised.

The Committee agreed to:-

·         Dismiss item 2 (from BBAC 26 November 2024) as an informal session had been held on 11 February 2025.

·         Note at item 3 that an informal session has been proposed for 25 March 2025.

·         Dismiss item 4 as informal session was held 4 February 2025.

·         Note at item 5 that an informal session has been scheduled for 25 February 2025.

·         Note at item 7 that a briefing note will be circulated before 31 March 2025.

·         Dismiss item 8 (part 1)

Members further indicated that they would like to continue receiving regular progress updates on the Seaweed Cultivation Pilot Trial (Item 4) from Economic Development led by the Area Manager.

A report by the Director of Business Services was circulated to inform members how the Scottish Fire and Rescue Service is performing locally in the Banff & Buchan Area. 

Members heard from Darren Watson, Station Commander who presented the report and outlined performance against key measures and associated targets in the Banff & Buchan area, as set out in the Aberdeenshire Local Fire and Rescue Plan and Banff and Buchan Multi-Member Ward Plan.  

Members enquired on the reported reduction of Unwanted Fire Alarm Signals (UFAS) and whether this has had a positive effect on workload.  The Station Commander advised that this has freed up their capacity to respond to more serious incidents, carry out extra training and has also had a positive financial implication.  

Members requested further detail on Deliberate Fires as both quarterly reports show an increase in fires between 2pm and 3pm.  The Station Commander advised that this appears to be coincidental, and that data is monitored and dealt with accordingly with preventative measures that have been put in place. 

The Committee noted the content of the report and offered thanks to the Station Commander and Crews for all the work they do.  

A report by the Director of Environment and Infrastructure Services was circulated requesting Members’ consideration of an application for full planning permission for the Erection of Dwellinghouse, Environmental Education Building, Agricultural Shed, Livestock Tunnel, Polytunnels and Installation of Solar PV Panels. 

The Chair confirmed that a request to speak had been received from the agent Mr Urquhart of Baxter Design and Ms Groom the applicant.  Committee agreed to hear the request to speak.

Members heard from the Senior Planner who introduced the report providing details on the application which was recommended for refusal as the proposal fails to demonstrate an essential need for a house or positive economic and social benefits in terms of the proposed education centre.  The Senior Planner confirmed that the Committee refused a similar application in August 2023, he highlighted that there was a small difference in the internal layout of the education centre in this application. 

Members asked questions and received responses from the Senior Planner on how significant economic benefit is determined and possible enforcement on phased building of the proposed development should the application be approved. 

The Committee heard from Mr Urquhart who provided an overview of the application, giving an update on the private water supply installation and confirmed to members that the proposed agricultural element is of a small holding.  The agent discussed labour calculations from an agricultural consultant and proposed plans to teach traditional farm practices, sustainable agricultural regeneration to local schools, local members of the public and tourists.   Mr Urquhart advised letters of support from local businesses had been included with the application along with a business plan and financial forecasts.  He also discussed the current security issues of the applicant, care of animals, and how the applicant would welcome a condition agreement on a phased build plan.

Members enquired whether the applicant had considered a planning application for the business first followed by a further application for a house on site once the business was established.  The agent confirmed that this had been discussed following submission of the application. 

Members asked and received responses from Mr Urquhart and Ms Groom on the business plan and educational benefit of the proposed development. 

There being no further questions Mr Urquhart confirmed that they had a fair hearing. 

Members confirmed they had sufficient information to determine the application. 

Councillor Findlater, seconded by Councillor Cassie moved that Committee agree the application as a departure from policy as sufficient information has been received to demonstrate the requirement for a farm building onsite to ensure a viable business and that the proposed development would be of benefit to the local economy, tourism and tourism development therefore complying with NPF4 Policy 30 Tourism and Policy B3 Tourist Facilities of the ALDP2023 thus outweighing the needs of Policy 17 Rural Homes of the NPF4 and Policy R2 Development Proposals Elsewhere in the Countryside of the ALDP2023.   

As an amendment, Councillor Stewart Adams, seconded by Councillor Menard, moved to refuse the application in line with officer  ...  view the full minutes text for item 6.

A report by Aberdeenshire Health and Social Care Partnership was circulated which provided the Committee with information on the Health and Social Care Partnership (HSCP)’s performance against its Strategic Delivery Plan, and the Banff & Buchan HSCP Team update on local health and social care issues and priorities. 

Members heard from the Programme Manager who was joined by colleagues to assist in answering the Committees questions.  She noted and gave apologies for the delay in the Strategic Delivery Plan and outlined progress (August to October 2024) coming to the Banff & Buchan Area Committee and highlighted that the local performance issues paper provided was more current.  The Programme Manager then provided an overview of the report, advising that the Health and Social Care Partnership and the services it delivers continue to be significantly impacted by ongoing pressures on Health and Social Care Services and the increased demand for care.  She advised that there is a need to look at how services can be delivered in different ways to ensure sustainability going forward. 

Members asked questions and received responses regarding the Project Performance Tracker and changes to service users care packages.  Members raised their concerns over the uncertainty of the IJB budget, and other pressure on services within the Health and Social Care Partnership and Aberdeenshire Council.   

Members requested that “Place” remains at the forefront to ensure services are kept close to those who require them the most. 

Following discussion, the Committee noted the information provided and agreed to:

1.   Request an informal session and briefing note in relation to Banff Day Services.

2.   Request an update briefing on recommendations and findings following the Frailty Pathway workshops held in October and November 2024. 

A report by the Director of Business Services was circulated requesting Members’ consideration on the progress made towards meeting the Public Sector Equality Duty as set out in the Equality Mainstreaming and Outcomes Report 2021-2025.  The Committee was asked to provide comments on the proposed Equality outcomes for the next four years. 

The Team Leader gave an overview of the report outlining the current Equality Mainstreaming and Outcomes Report for 2021-25 and provided an overview of the proposed next set of outcomes for 2025 to 2029 which services will prioritise from a quality perspective: Accessibility, Service Design, Community Safety, Inclusive communication, Mental health and well-being of children and young people.  

The Committee noted the information provided and thanked the Team for their hard work and comprehensive report. 

A report by the Director of Business Services was circulated detailing an application that had been received for the grant of a Street Trader’s Licence which had attracted an objection and therefore required the Committee to determine the application.

The Chair confirmed that the Committee would hear from Ms Wendy Ross, the Objector. 

The Solicitor introduced the application from a Mr James Thomas of Banff for a Street Traders Licence made under Section 39 of the Civic Government Scotland Act 1982, where the applicant seeks to operate a trailer selling personalised gifts and homeware on Bridge Road, Banff.  Following statutory consultation, Roads and Infrastructure Services had no objections however the Service requested that the location of the trailer on Bridge Road Banff is on the seaward side of the road, midway between the Coop and the Car Park.  Following public advertisement on the Councils website one objection was received from Ms Ross a member of the public.  The Solicitor confirmed that the applicant had provided a written submission in support of their application which was detailed in Appendix 3 of the report papers. 

Alistair Millar, Senior Roads Engineer joined the meeting to respond to Members questions regarding the Roads Service assessment of the locality.  He confirmed that due to there being ample space on Bridge Road, there was no reason to refuse an application to trade from that location.   

The Committee heard from Ms Wendy Ross who provided reasons for her objection to the application.  Ms Ross who has a business on Bridge Road advised that she would prefer to avoid any dispute on the parking location of Mr Thomas trailer.  She discussed congestion on Bridge Road during the weekends and in the holiday season.   Ms Ross requested a condition be included on the operational location between the Coop and beach entrance to avoid conflict of 2 businesses trading on Bridge Road. 

The Committee adjourned to go into private session. 

Following adjournment Members enquired about attaching conditions to the licence should it be granted.  The Solicitor advised that the Committee could consider additional specific conditions to the licence. Members were minded to attach a specific condition covering parking of the vehicle at the location for operational hours only so as to restrict overnight parking. 

Members confirmed they had sufficient information to determine the application and following discussion, the Committee agreed to grant the licence for 2 years subject to the following conditions:

·         Trailer to be removed from the agreed trading location out with the operational hours of trading so as to restrict overnight parking. 

·         Operational location to be on Bridge Road, Banff on the Seaward side of the road midway between the Coop and the car park as requested by Roads & Infrastructure Services.  

An exempt report by the Director of Business Services was circulated asking the Committee to approve placing Macduff Town Hall for sale at a commercial property auction on the basis as detailed in the recommendation. 

The Commercial Development Manager gave an overview of the report and responded to Members enquiries on the auction process, current maintenance and repair costs of the building. 

Members raised concerns regarding the economic social benefit of the category B listed building and requested assurance that collaborative working would be carried out with Environmental Planning and Economic Development to provide potential purchasers with support, advice and information relating to potential funding grants to facilitate any potential opportunity for the building to remain a community asset.  

The Committee agreed following discussion to approve placing Macduff Town Hall for sale at a commercial property auction on the basis as detailed in the recommendation.

An exempt report by the Director of Business Services was circulated asking the Committee to consider and provide comment for Business Services Committee on Officers’ recommendation that the general presumption against disposal of shops at 31 and 35 Castle Street should not apply, and the properties should be marketed for sale. 

The Commercial Development Manager provided an overview of the report.  Members asked questions and received responses on Banff Town Hall and when it was declared surplus to operational requirements and the holding costs of the units concerned.  

Members noted concerns on the delayed timelines in reaching a disposal position for the re-development and utilisation of Banff Town Hall and the detrimental economic social benefits for the town.    

Following discussion the Committee noted the information provided and agreed to provide the following comment to Business Services Committee:

• Committee is minded to go against general presumption to retain and content for the property to be marketed for sale.   
• Committee requested sight of the development prospectus and asked the Area Manager to ensure advice and support was offered by the Council to any prospective purchaser and/or community group who may be interested in using or re-developing the building.