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Crathes, Drumoak & Durris Community Council (CDDCC)

Minutes of Meeting

Tuesday 6^th October 2009 – Irvine Arms, Drumoak from 19.30 hours

1. Sederunt

Community Councillors: Doug Allstaff (Acting Chair), Jean Downie, Jenny Watson, David Morrish, Nicola Chambury, Ann Ross, John Baillie, Diana Robertson

Aberdeenshire Councillors (Ward 18): Graeme Clark, Peter Bellarby

Aberdeenshire Councillors (Ward 16): Linda Clark

Members of the Public: Don Keith

Representative of Police: PC Kev Marron

Representatives of RDRPS/DRC: Douglas Anderson, Jon Tyler

Minute Secretary: John Hopkins

Apologies: Wendy Agnew, Geoffrey Atkinson

2. Approval of Previous Minutes

The minutes of September 2009 were proposed by Jenny Watson and seconded by Jean Downie, and accepted as an accurate record, subject to the minor correction that David Morrish had not previously been in contact with Nicola Sturgeon.

3. Police Matters

PC Kev Marron, who was substituting for PC Wayne Smart, outlined the latter’s recent report (on website at http://www.durris.net/Oct_Info_CDDCC.DOC

In response to a question from Doug Allstaff, Kev Marron said that reports of trees fallen across roads should go in the first instance to police (using 999 if appropriate), who would make safe and call out the Council to remove the tree.

The item stolen from Crathes Castle was an antique pistol. It was non-functional, otherwise would have been kept in a locked cabinet.

Nicola Chambury observed that there had been more police car sirens sounding in the area of late. Kev Marron explained that there was currently a programme of retraining for existing police in emergency procedures. This – and to some extent – the revised procedures themselves probably accounted for the additional sirens.

Jean Downie said that she had received compliments from several local residents about the performance of the local policeman, PC Wayne Smart. Kev Marron undertook to pass this on to him.

PC Marron noted that the police had been continuing to pay “passing attention” to the Glebe. He asked for clarification of whether or not camping was permitted there. He himself had encountered one well-behaved set of campers and had left them undisturbed, as he was uncertain of the legal position. The consensus was that it was unlikely that camping were permitted, but Graeme Clark undertook to find out from the Council (lessors of the Glebe from the Church of Scotland) the actual position. (Action: Graeme Clark)

4. Royal Deeside Railway

Doug Allstaff welcomed the representatives of the Royal Deeside Railway to the meeting. They introduced themselves as Douglas Anderson, representing RDRPS, and Jon Tyler, representing the Deeside Railway Company.

Ann Ross asked what was the position with the footpath. Douglas Anderson said that a meeting was arranged for 19 October with Alistair Fullwood to resolve this matter. The Railway would do whatever was necessary to bring the path into line with the accepted standard, as resources allowed.

Linda Clark and Graeme Clark noted that they had also arranged to meet Alistair Fullwood on this matter.

Jon Tyler noted that the path was actually on private ground owned by the Leys Estate. Because the Agreement with the Leys Estate drafted by the Council, some while ago, had not in fact been signed, the prevailing legal position seemed to be governed by a 1996 agreement, which did not ascribe responsibility for maintenance.

It was noted that the worst part of the surfacing of the Deeside Way was the section to the west of Cordiner’s Silverbank sawmill. This was unquestionably the Council’s responsibility. Douglas Anderson said that the Council did not wish to improve the footpath surface only to find that the Railway would be laid on top of it. For this reason, the Royal Deeside Railway representatives and Alistair Fullwood would be walking the entire line together, to get a complete overview.

Ann Ross said that the phrase “as resources allow” had been used in respect of the path for some time. What was needed was a definite statement of when the job would be complete.

Douglas Anderson noted that an important issue was the transfer of responsibility for ongoing maintenance of the path, once it had been brought to an acceptable standard. This had been raised with Alistair Fullwood, who was looking into the legal position. Clearly, the Railway could not accept an open-ended responsibility for this section of the Deeside Way.

Referring to the Drumoak to Crathes section of the Deeside Way (predominantly on Park Estate land), for comparison, Jon Tyler noted that he understood that the agreement between landowner and Council was an informal one. He had also been given to understand that the Council had received grants, from Sustrans and other bodies, of between £700,000 and £800,000 for this section of the Deeside Way. By contrast, the Railway had received grants, towards its section of the Deeside Way, totalling just £27,000. The financial resources of the Railway – being a volunteer organisation - were very limited.

Douglas Anderson produced a copy of the Key Plan, which had been produced for the Marr Area Planning Committee, to show to CDDCC the planned extent of the Railway. The 2006 Planning Permission allowed the railway to extend from Milton of Crathes to the back of the supermarket, although RDRPS had originally aspired to reach the back of the Banchory-Ternan cemetery. Jon Tyler said that the precise route of the western end of the line and location of any station building was uncertain because of:-

· the location of sewage pipes

· ownership of land

· arrangements for access by the public

Doug Allstaff asked whether the Milton of Crathes site were complete. Jon Tyler said that the original Oldmeldrum Station building was to be relocated to the platform. Minor track modifications were envisaged and there was now Planning Permission to erect an Engine Shed north of the line, just outside the station. No other buildings were planned for the site.

In response to a question, Jon Tyler noted that a problem with the relocation of the Oldmeldrum Station building was that, because it had to be dismantled to move it from Oldmeldrum, the Council’s Building Control section were insisting on reconstruction being to the latest building codes, on issues including insulation and access. This added significantly to the costs and compromised the original intention, which was to preserve a historic structure, in a sympathetic context. The Railway was trying to obtain sensible exemptions from modern building codes. The envisaged use of the building was for a ticket office, for retail and as a waiting room.

Don Keith asked if the Councillors could bring pressure to bear to alleviate these problems. Linda Clark stated that they had been doing so, as far as possible.

Doug Allstaff asked about reinstatement in the event of closure of the Railway. Jon Tyler noted that there was a planning condition requiring this. He expected that the scrap value of materials would be more than enough to finance this. Doug Allstaff asked whether a formal study had been done to prove that funds would be adequate. John Hopkins (also Treasurer of RDRPS) stated that it had not, but that no such study would be required from any other business venture.

Graeme Clark asked when Bon Accord would be arriving at the Railway. Doug Anderson said that, although Planning Permission had been granted for the Engine Shed, written confirmation of this had still not been received. Construction of the Engine Shed was a necessary pre-condition for bringing Bon Accord to site.

Jon Tyler said that members of CDDCC would be welcome at the Railway whenever they wished. Train operations had now ceased for 2009, with the exception of the Santa Specials, but midweek work parties were in action most days.

5. Planning, Strategic & Local

5.1 Recent Planning Applications (Durris and Crathes)

There were no significant applications

5.2 Recent Planning Applications (Drumoak)

5.21 Park Home Farm Steading

This was felt generally acceptable, although concerns were expressed as to whether the parking provision was excessive and the resultant traffic a problem for the roads.

5.22 Upper Park Houses and Steading Conversion

Concerns were expressed that this proposal was:-

· an over-development of a site at the top of a hill

· aesthetically poor and inconsistent with the local architectural vernacular

· lacking in infrastructure e.g. sewerage

· not consistent with the existing Local Development Plan

To send an Objection on behalf of CDDCC (Action: Geoffrey Atkinson or, in his absence, John Baillie)

5.23 House associated with Livery Stable at Woodside Farm

There appeared to be no objection to this.

6. Correspondence

A leaflet had been received offering help, if required, with the Digital Switchover (of Television) in this area. (Due in September 2010, for Durris transmitter)

7. Road Safety

7.1 Myrebird Junction

The agreement between Council and landowner was now understood to be in place.

7.2 Speed Limits at Crathes

Ann Ross and Nicola Chambury commented that, further to the conversation at the last meeting with Mark Skilling, the Local Roads Manager for Aberdeenshire Council, that the Comuunity Council pursue the request for the 40 mile per hour speed limit to be extended to past the Milton entrance. (Action: Ann Ross)

8. Youth Amenity

Nothing to report.

9. Schools

John Baillie read aloud a letter that he had drafted, supporting the Drumoak School Council’s case for the new Drumoak School to be physically at the centre of the community. This was endorsed by CDDCC. To send the letter to Bruce Robertson (Council Head of Education) on behalf of CDDCC (Action: John Baillie)

To send, to John Baillie, Bruce Robertson’s email and postal addresses (Action: Linda Clark)

Ann Ross expressed her concern at the proposed clustering of schools, so that they might share Head Teachers. Peter Bellarby pointed out that the need to provide additional teaching resource, etc., where this was done, actually made it more expensive than existing practice. It was thus not being done to reduce costs. Linda and Graeme Clark confirmed that the problem was the lack of suitable candidates prepared to take jobs as Head Teachers.

10. Health Services

Linda Clark had investigated the fact that Banchory Health Centre does not provide repeat prescriptions by phone, whilst Culter does. She confirmed that this was indeed the policy of Banchory Health Centre. To write, on behalf of CDDCC, to Banchory Health Centre, asking that this policy be changed (Action: Geoffrey Atkinson)

11. Other Outstanding Items

11.1 Barrier near Park Bridge

Graeme Clark reported that the response of Council Officers was that they were prepared to install a post-and-wire fence alongside the road at the north-east flank of Park Bridge, but that anything more expensive than this would require a contribution from the Landowner.

John Hopkins summarised the reason for CDDCC’s original letter on the subject (of several years back). This was that there is a vertical drop (perhaps 30 feet) immediately outside the line of the now-dilapidated fence. Because of the traffic priority rules for the bridge, cars travelling southwards often had to pull off the road to the left at this precise point. Don Keith noted that – because of the cloaking effect of the tree at the south-west flank – this manoeuvre often had to be done suddenly. John Hopkins stated that – in his opinion – this was a far greater safety hazard than at the south-west flank, where the Council had, perhaps a decade ago, erected a substantial length of Armco barrier. A safety barrier was required at the north-east flank, not simply a fence.

To write to Mark Skilling along these lines (Action: Doug Allstaff)

11.2 Padlocked Gate Opposite Myrebird Road

The padlocking and obstruction of this gate continued to be repeated problems. The landowner’s right to deter cars from entry was acknowledged. To write to the Park Estate outlining a constructive suggestion as to how the how this might be achieved without preventing walkers exercising their rights under the Outdoor Access Code (Action: David Morrish)

11.3 Riverside Walk between Crathes and Drumoak Bridges (North Bank)

The wooden bridge is the responsibility of the Park Estate, not the Council. The landowner, it was felt, would not necessarily be unhappy if bridge deterioration inhibited public access. To include this issue in the letter under 11.2 above (Action: David Morrish)

11.4 Banchory Town Forum

To circulate materials related to the above (Action: David Morrish)

To decide if CDDCC should become involved (Action: CDDCC). Linda Clark suggested that one (but not more than one) person should attend.

12. AOB

12.1 Recent Aberdeenshire Council meeting on CPOs relating to Menie area

Nicola Chambury raised this issue. Whilst acknowledging that it related to an area outwith CDDCC, she felt that it had potential implications elsewhere in Aberdeenshire, including the CDDCC area.

The background to this was that Cllr Martin Ford had put forward a Notice of Motion which, if passed, would have had the effect of limiting the Council’s power to issue Compulsory Purchase Orders. This was relevant in particular to the publicly-expressed desire of the Trump Organisation to evict people from their homes, where those homes got in the way of Trump’s commercial success at the Menie Estate.

Peter Bellarby explained that an amendment had been put forward affirming that CPOs would only be issued by Aberdeenshire Council following established precedent. The motion had not been carried, but the amendment had been voted for by a huge majority of Councillors. CPOs were a necessary tool of Local Authorities for instances such as hospitals, schools and roads.

Popular opinion, however, seemed to view this as Aberdeenshire Council once again kowtowing to any commercial organisation with deep enough pockets.

Linda Clark said that the day of the Council meeting to discuss this issue had been harrowing for many of the participants. She and Graeme Clark, who had wanted the threat of eviction removed from the residents, had – after a discussion with their SNP group – abstained, rather than supporting the amendment.

Jenny Watson said that the stage management of the meeting had been a disgrace, physically distancing the Councillors from the public.

John Baillie asked if there had been any instance of Aberdeenshire Council issuing CPOs in support of private businesses. Jenny Watson said that – to the best of her knowledge – this had not happened in 19 years or more.

12.2 ECO village

It was noted that CHAP were still trying to represent the Eco-Village as an authorised development. Anecdotally, they had had some success in misleading people in this way.

It was understood that CHAP might refuse to follow the request from the Council to remove their two large illegal advertising hoardings from the South Deeside Road unless the Council were to issue an Enforcement Order. It was noted that the Council has been known not to issue Enforcement Orders simply because of the costs involved.

To take up the issue of ensuring the hoardings are removed (Action: Peter Bellarby)

12.3 Arrangements for AGM

· To arrange a date in December at the Crathes Hall for the AGM, to be followed by the monthly December meeting (Action: Doug Allstaff)

· To arrange for Wine & Cheese (Action: Jean Downie)

· Because advertising in the local paper is very expensive and has been found to be ineffective, to ask the Deeside Piper for a free editorial mention of the meeting date/venue at the appropriate time, noting that a minimum of 7 days advance notice to the public is necessary (Action: David Morrish)

14. Forthcoming Meetings and details of Presentations

· 3 November, Irvine Arms, Drumoak – possible discussion with KMAP full-time worker about Planning for Real and/or Making it Real

· 1 December, Crathes Hall, AGM to be conducted prior to monthly meeting

All meetings to commence at 1930 hours

JFH 8/10/09

Distribution
Email	Email	Email	Post	Other
CDDCC Councillors (excl. Jenny Watson)	Danny Law (Deeside Piper)	Insp. Andrew Todd	Jenny Watson	Website http://www.durris.net/ (also for previous minutes)
Cllrs. Linda Clark, Karen Clark, Jill Webster (Ward 16)	Leanna MacLarty (Press and Journal)	Insp. Jim Gordon	Drumoak Public Hall Notice Board (via Ian Pirie)
Cllrs. Peter Bellarby, Graeme Clark, Mike Sullivan, Wendy Agnew (Ward 18)	Kirkton of Durris Hall Notice Board (via Sheila Watt)	PC Wayne Smart	Banchory Public Library	By Hand
Mr W Munro, Area Manager, Kincardine & Mearns	Rev. Jim Scott, Durris Manse, Durris	Crathes Hall Notice Board (via Doug Allstaff)	Drumoak Church Hall Notice Board (via Morag Keith)	Park Shop (via John Hopkins)
Mr L Allen, Area Manager, Marr	Neighbourhood Watch Co-ordinator – Alister Bisset			Drumoak Post Office (via John Hopkins)