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Aberdeen's divisive City Garden project hangs in the balance Aberdeen's divisive City Garden project hangs in the balance
(about 2 hours later)
It is touted as one of the most daring urban park projects seen in Scotland: a spider's web of arching concrete walkways, tree-lined paths and theatres capped by landscaped grounds for central Aberdeen, kickstarted with a £50m gift from the city's richest man.It is touted as one of the most daring urban park projects seen in Scotland: a spider's web of arching concrete walkways, tree-lined paths and theatres capped by landscaped grounds for central Aberdeen, kickstarted with a £50m gift from the city's richest man.
But for the past two years the City Garden project to replace Aberdeen's steeply sided Victorian-era park at Union Terrace Gardens with a £140m park and arts complex has divided the oil-rich city. After this month's council elections, its future hangs in the balance. But for the past two years the City Garden project, which is replacing Aberdeen's steeply sided Victorian-era park at Union Terrace Gardens with a £140m park and arts complex, has split the oil-rich city.
Aberdeen councillors will have a free vote on the scheme in the next few weeks after Labour became the largest party in the city on 3 May, pledging in its manifesto to oppose the City Garden scheme. It has set up a ruling coalition with the Conservatives, who support the project. After last month's council elections the future of the scheme is hanging in the balance.
At stake, say the scheme's opponents, is the survival of one of Aberdeen's oldest and most treasured public parks. Union Terrace Gardens, which is run by the city as communally owned "common good" land and once the city's bleaching green – where clothes would be whitened and dried – has a history of public use dating back to the 18th century. Aberdeen councillors will have a free vote on the park later this year after Labour became the largest party in the city on 3 May, pledging in its manifesto to oppose the City Garden scheme. It has set up a ruling coalition with the Conservatives, who support the project. At stake, say the scheme's opponents, is the survival of one of Aberdeen's oldest and most treasured public parks.
It is the biggest dispute in Scotland between public and private interests involving common good land, which is held in trust in perpetuity by councils across the country. Union Terrace Gardens is run by the city as communally owned "common good" land. It was at one time the city's bleaching green – where clothes would be whitened and dried – and has a history of public use dating back to the 18th century.
The developers – the Aberdeen City Garden trust which is backed by Sir Ian Wood, the oil industry tycoon behind the £50m donation – are expected to be given control and effective ownership of the gardens on a lease. That lease, believe the scheme's opponents, is likely to be as long as 125 years or more. The park's future has led to the biggest dispute in Scotland between public and private interests involving "common good" land – land held in trust in perpetuity by Scottish councils.
The developers – the Aberdeen City Garden Trust, which is backed by Sir Ian Wood, the oil industry tycoon behind the £50m donation – are expected to be given control and effective ownership of the gardens on a lease. That lease, believe the scheme's opponents, is likely to be as long as 125 years or more.
The trust says the new gardens and their "gently undulating green roofs" would transform the ailing and under-performing city centre with a "cat's cradle of urban lines supporting both park and cultural activities within a fabric of the historic and contemporary, conjoining the urban with the pastoral".The trust says the new gardens and their "gently undulating green roofs" would transform the ailing and under-performing city centre with a "cat's cradle of urban lines supporting both park and cultural activities within a fabric of the historic and contemporary, conjoining the urban with the pastoral".
Alarmed by Labour's promise to continue opposition, Wood has sought to persuade its leaders to back it. He said last Friday this was a "once in a lifetime" chance to transform and regenerate the city centre. "This is a decision with really significant implications for the future generations in the city," he said. Alarmed by Labour's promise to continue opposition, Wood has sought to persuade its leaders to back it. He says this is a "once in a lifetime" chance to transform and regenerate the city centre. "This is a decision with really significant implications for the future generations in the city," he said.
The scheme's critics, including the Scottish Labour councillors now jointly running Aberdeen and the city's main contemporary art centre Peacock Visual Arts, believe the scheme is unaffordable. The scheme's critics, including the Scottish Labour councillors now jointly running Aberdeen and the city's main contemporary art centre, Peacock Visual Arts, believe the scheme is unaffordable.
The council is struggling to overcome a hefty deficit; it has already cut spending by £127m, and needs to borrow a further £70m to meet the total cost of the scheme, paying that off by imposing extra rates on three other parts of the city using a device known as tax increment financing.The council is struggling to overcome a hefty deficit; it has already cut spending by £127m, and needs to borrow a further £70m to meet the total cost of the scheme, paying that off by imposing extra rates on three other parts of the city using a device known as tax increment financing.
Mike Shepherd, from the opposition group Friends of Union Terrace Gardens, said this is very risky – a view supported by Audit Scotland, the official spending watchdog, which said in February it feared the significant borrowing for the project poses "a long-term potential risk" for Aberdeen. Mike Shepherd, from the opposition group Friends of Union Terrace Gardens, said the borrowing was very risky; a view supported by Audit Scotland, the official spending watchdog, which said in February it feared the significant borrowing for the project posed "a long-term potential risk" for Aberdeen.
Shepherd believes councillors who support the City Gardens project could narrowly win the vote. The scheme was backed too in a city-wide referendum in April by 45,301 in favour to 41,175 against. That, said the city garden trust, attracted a far higher turnout than the 55,979 people who voted in May's council elections. Shepherd believes councillors who support the City Gardens project could narrowly win the vote. The scheme was backed in a city-wide referendum in April by 45,301 in favour, to 41,175 against. The poll, said the city garden trust, attracted a far higher turnout than the 55,979 people who voted in May's council elections.
The trust's opponents accuse it of buying the referendum result, spending £100,000 on publicity, and dwarfing the resources of its opponents. They also claim Wood is bullying the city. Wood has said his £50m gift, and a further £25m he has pledged in case the scheme runs into financial problems, is not available for any other project. Opponents accuse the trust of buying the referendum result, spending £100,000 on publicity and dwarfing the resources of its opponents. They also claim Wood is bullying the city. Wood has said his £50m gift, and a further £25m he has pledged in case the scheme ran into financial problems, were not available for any other project.
Shepherd said that assuming the councillors do vote for the scheme, which is firmly backed by Alex Salmond and the Scottish National party, it faces two other hurdles: winning approval from the Scottish government for the £70m borrowing and finally getting planning permission. Shepherd said that assuming the councillors did vote for the scheme, which is firmly backed by Alex Salmond and the Scottish National party, it still faced two other hurdles: winning approval from the Scottish government for the £70m borrowing, and getting planning permission.
Shepherd said: "Our main beef is that Aberdeen is a city of heritage, and we want to retain a Victorian park as an integral part of the heritage of the city. The modern park itself is the main disaster; it would destroy the harmony between the Victorian park and the Victorian buildings which surround it."Shepherd said: "Our main beef is that Aberdeen is a city of heritage, and we want to retain a Victorian park as an integral part of the heritage of the city. The modern park itself is the main disaster; it would destroy the harmony between the Victorian park and the Victorian buildings which surround it."
The battle over common good land is being fought in Edinburgh, too. There, the city council is resisting pressure to concede that a market and shopping centre next to Waverley station which has been leased to the businessman Sir David Murray for a remarkable 206-year-long lease, until 2188, is common good land. The battle over common good land is being fought in Edinburgh, too. There, the city council is resisting pressure to concede that a market and shopping centre next to Waverley station, leased to the businessman Sir David Murray for a remarkable 206-year lease up to 2188, is common good land.
Murray's firm Premier Property Group pays just 1p a year rent to the city for the market, which is home to PPG's Princes Mall shopping centre. Until Scottish government ministers – sympathetic to opponents of the idea that PPG could buy the land – amended new legislation to modernise Scottish leasehold law on 10 May, it is estimated that PPG could have bought Waverley market for just 25.6p under the long leases (Scotland) bill. Murray's firm, Premier Property Group, pays just 1p a year rent to the city for the market, which is home to the company's Princes Mall shopping centre. Until Scottish ministers – sympathetic to opponents of the idea that the Premier Property Group could buy the land – amended new legislation to modernise Scottish leasehold law on 10 May, the estimate was that the property group could have bought Waverley market for just 25.6p under the long leases (Scotland) bill. Although obscured now by diggers working on the city's tram works, the Waverley market is a prime site for shoppers and tourists. Nestling beside the five-star Balmoral hotel and Waverley station it is near the Scott monument and the eastern end of Princes Street gardens. But it has struggled financially.
Although obscured now by diggers working on the city's tram works, the Waverley market is a prime site for shoppers and tourists. Nestling beside the five-star Balmoral hotel and Waverley station, it lies across a road from the Scott monument and the eastern end of Princes Street gardens, but has struggled financially. Critics of the long-lease deal, particularly the Scottish Green party and the land rights campaigner Andy Wightman, argue that the Waverley market site is "common good" land owned in perpetuity by and for the city's residents. The city council rejects that claim, but along with Alison Johnstone, the Scottish Green MSP for the Lothians, they welcomed the decision by the planning minister, Stewart Stevenson, to amend the long-leases bill.
Critics of the long lease deal, particularly the Scottish Green party and the land rights campaigner Andy Wightman, argue that the Waverley market site is "common good" land which is owned in perpetuity by and for the city's residents. The city council rejects that claim but along with Alison Johnstone, the Scottish Green MSP for the Lothians, they welcomed the decision by planning minister Stewart Stevenson to amend the long leases bill. Wightman argues that large public areas of the city, in common with other Scottish towns and cities such as Aberdeen, are held as common good land.
Wightman argues that large public areas of the city, in common with other Scottish towns and cities such as Aberdeen, are held as common good land. The same row broke out over council proposals to sell off workshops and yards at Inverleith Park in north Edinburgh; there too the council denies the land is common good. The same row broke out over council proposals to sell off workshops and yards at Inverleith Park, north Edinburgh; there too the council denied the land was common good.
A large area of prime public space in central Edinburgh covering the principal New Town shopping area of Princes Street, Rose Street and George Street, is also run by a private firm Essential Edinburgh as "a business improvement district" on behalf of the shops, offices and banks based there. A large area of prime public space in central Edinburgh covering the New Town shopping area of Princes Street, Rose Street and George Street, is also run by a private firm – Essential Edinburgh – as "a business improvement district" on behalf of the local shops, offices and banks.
Essential Edinburgh promotes shopping, runs outdoor events and pays for Christmas lights, yet has privately employed wardens to patrol the pavements with activities by buskers and stall holders strictly controlled. Essential Edinburgh runs outdoor events, promotes shops and pays for Christmas lights, yet uses privately employed wardens to patrol the pavements and strictly controls buskers and stallholders. The district covers St Andrew's Square Gardens, which were opened up and refurbished, for £2.6m at the council's expense in 2008, after the landlords, composed of the square's 30 or so property owners, agreed to lease the site to the council.
That district covers St Andrew's Square Gardens, which were opened up and refurbished for £2.6m at the council's expense in 2008, after its landlords – the square's 30 or so property owners – agreed to lease it to the council. In January, Essential Edinburgh took an eviction order out against anti-capitalist campaigners from the Occupy movement after a voluntary agreement to allow an Occupy camp in the square for several months broke down, and Essential Edinburgh's patience ran out. In January, Essential Edinburgh took out an eviction order against anti-capitalist campaigners from the Occupy movement following the end to a voluntary agreement that let an Occupy camp into the square for several months, and Essential Edinburgh's patience ran out.
There have been conflicts on privately owned public spaces elsewhere in Edinburgh. In Multrees Walk, a privately owned street flanked by luxury chains such as Harvey Nichols, Louis Vuitton and Emporio Armani, photographers staged a flashmob protest in October 2010 after an amateur street photographer, Stefan Karpa, was accosted by security guards for taking pictures on the private stretch. There have been conflicts on privately owned public spaces elsewhere in Edinburgh. In Multrees Walk, a privately owned street flanked by luxury chains like Harvey Nichols, Louis Vuitton and Emporio Armani, photographers staged a flashmob protest in October 2010 after an amateur photographer, Stefan Karpa, was accosted by security guards for taking pictures on the private stretch.
Multrees Walk's managers, the St James's centre next door, apologised after the flashmob protests and said its security rules had been changed, although it refuses to publish its rules on what it allows on the street and would not answer questions on its policies put by the Guardian last week. Multrees Walk's managers, at the St James's centre, apologised after the flashmob protests and said the security rules had been changed, although it refused to publish rules explaining what it did allow on the street and would not answer questions on its policies put by the Guardian last week.
Karpa said: "What I was doing was definitely legal, but because of what they've done, I feel less safe in public spaces, and a lot more cautious about getting into a situation where I can be threatened and intimidated like that. I have been taking photographs for over 20 years, and it's only in the last four or five years I've really noticed this." Karpa said: "What I was doing was definitely legal. But because of what they've done I feel less safe in public spaces, and a lot more cautious about getting into a situation where I can be threatened and intimidated like that. I have been taking photographs for over 20 years, and it's only in the last four or five years I've really noticed this."