Banff and Buchan Area Manager Malcolm McAuslin led the investigation into the mass resignation of the community council.

At the area committee meeting on Tuesday councillors voted to accept the recommendations in the report – clearing the way for Belhelvie Community Council to be restarted.

The report had recommended that the community council be revived immediately and also made a series of general suggestions which could be applied to community councils throughout the area.

The investigation looked into four issues surrounding the break-up of the community council.

They were: a planning application by former member Dave Watson for a housing development at Millden, and the manner in which it was dealt with; a letter from the chair to Cllr Allan Hendry and subsequent correspondence; the reported suspension of Dave Watson; and the community council's view on the support and advice available to them from Aberdeenshire Council and its staff.

At Tuesday's meeting Mid-Formartine councillor John Loveday said: "The report is an investigation rather than a judgement."

Councillor Paul Johnston said: "The report has been handled well. Obviously the nature of what we're talking about has some brevity and I think there are things that need to be done.

"I would like to have a delay so committee can ascertain if there is to be a threat of legal action before we go to the train of re-establishing a community council.

"I'm not comfortable with setting it up if some members think there is still the prospect of legal action."

And he said that there was a request for the matter to be discussed at the Community Council Forum.

Councillor Debra Storr said: "Former members still worry about the threat of legal action and it would be prudent to get the views of the Community Council Forum."

Cllr Loveday refuted the need to delay accepting the report's recommendations, saying: "I think we shouldn't delay and that we need to move on and establish a community council as soon as possible. As far as legal action is concerned – when can you ever have a guarantee that is not going to happen?"

He added: "We should get on – people of the area are missing out by not being represented."

And he suggested that it may be an idea in the future to provide training for the chair and secretaries of community councils.
Debra Storr said she had concerns that community council members would not be able to voice their thoughts about issues if there were too many regulations.

She said: "They are groups of unpaid volunteers doing things for the community. I really wouldn't like to tie them up in such knots that they can't speak freely about local issues."

Cllr Johnston proposed a motion to delay taking the report forward until the next cycle of the Area Committee, the motion was seconded by Cllr Storr.

Cllr Anne Robertson proposed an amendment that the report be passed and the recommendations taken, which was seconded by Cllr Loveday - the amendment passed eight votes to two.