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EAST COUNCIL

CABINET – 11 MARCH 2020

Report by the Depute Chief Executive and Chief Financial Officer (Economy and Skills)

SUBJECT: COMMON GOOD FUNDS

PURPOSE OF REPORT

1. The purpose of this report is to present to Cabinet proposals to utilise the finance held within the Common Good Funds for .

RECOMMENDATIONS

2. It is recommended that the Cabinet:

(i) notes the current status of the Common Good Funds as set out within this report; (ii) approves the proposed use of the Kilmarnock funds to support the development of a sensory garden on the former Mothercare site in Kilmarnock Centre, supporting the wider regeneration of this area; (iii) notes that further reports on utilising the balances held within the Common Good Funds, particularly within , will be developed through engagement with local communities and submitted to a future Cabinet meeting; and (iv) otherwise, notes the content of the report.

BACKGROUND

3. Within , Common Good Funds are held for each of the former of , , Kilmarnock, and Stewarton. The term ‘Common Good’ is used to denote property of the former Burghs which is reserved for purposes which promote the general good of the local residents. The Council administers these Funds but they are not Council assets and are not included in the Council’s Balance Sheet.

USES OF COMMON GOOD FUNDS

4. Local authorities have wide discretion as to the application of Common Good Funds as spending powers are not in this instance restricted by statutory constraints in their application. These funds may be applied for a wide variety of purposes, providing that what is proposed is considered by the Council to be in the interest of the community. The only legal requirement is that the use of the common good funds must be a proper and honest act of administration and must not be contrary to public policy. 39

5. In practical terms, in relation to the criteria for utilising the funds, the Council requires to have regard to the interests of the inhabitants of the former burghs that the common good monies relate to, as well as considering and being able to demonstrate what the benefit would be to those communities. The Council also has a duty to secure best value in terms of any spend/payments that may require to be made from the Common Good Funds.

6. Previous expenditure from the Common Good Funds has included the use of the Kilmarnock Fund to support elements of the ‘Keep in Kilmarnock’ Campaign, a £25,000 allocation which was approved by Cabinet on 5 August 2009 and subsequently by Council on 8 October 2009; and several smaller allocations for Christmas lights between 1998 and 2000.

CURRENT POSITION

7. The table below shows the current funds held in the Common Good Funds for each of the former Burghs:

Common Good Usable Reserves Unusable Reserves Total Investments* Fund £ £ £ (Former ) Cumnock 3,154.65 979,943.75 983,098.40 Darvel 1,398.85 1,081,853.12 1,083,251.97 Kilmarnock 240,966.39 6,256,031.25 6,496,997.64 Newmilns 7,029.99 35,265.00 42,294.99 Stewarton 128,159.51 0.00 128,159.51 TOTAL 380,709.39 8,353,093.12 8,733,802.51 *Note: The unusable reserves within the former Burghs include physical assets such as the Palace Theatre, Kilmarnock and Cumnock Town Hall.

8. The ‘Usable Reserves’ held within the Funds have increased significantly in recent years as a consequence of Common Good assets such as Stewarton Hall being sold and income being generated through, for example, the use of for the filming of ‘Outlander’. It is therefore timely that strategic consideration should now be given to making best use of these funds, to the benefit of the relevant local communities.

PROPOSALS

9. In light of the ‘local’ nature of these funds, it is important that individual consideration be given by each former Burgh, to ensure that any expenditure is tailored to bring direct and demonstrable benefit to its own local residents. In addition, the projects/initiatives supported should be community rather than Council led, in line with our wider commitment to community led regeneration and to empowering our communities. The communities’ own identified priorities should drive the disbursement of what are, in fact, their own Common Good Funds.

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Kilmarnock

10. The amount of £240,966 is currently held within the Kilmarnock Common Good Fund. As part of the overall regeneration programme for Kilmarnock Town Centre, it is proposed that the Council work with children and young people at Willowbank School and Park School, the local early years establishments, along with interested members of the Equalities Forum and wider community to design and develop a modern sensory garden on the former Mothercare site in Kilmarnock Town Centre, supporting the wider regeneration of this area.

11. It is therefore proposed to utilise up to £200,000 from the Kilmarnock Common Good Fund to support this development, with associated infrastructure costs such as roads infrastructure to be funded by the Council’s capital programme, with an update provided to Cabinet re proposed costings.

12. Subject to approval, a working group will be established with representation from the above schools and organisations and a landscape architect appointed to work with the working group to design and deliver the overall project.

Stewarton

13. The available Stewarton Common Good Fund totals £128,160. It is proposed that colleagues from Vibrant Communities are remitted to work with the local community as part of the ‘It’s All About Stewarton’ initiative to investigate whether some of these funds could be utilised, with more detailed proposals to be reported to a future meeting of Cabinet.

LEGAL/RISK IMPLICATIONS

14. The funds from the Common Good Fund can be applied for any purpose that is considered to be a proper and honest act of administration and is not contrary to legislative provisions. It is the view of officers that the proposals set out within this report represent an appropriate use of the Common Good Funds.

FINANCIAL IMPLICATIONS

15. The proposals for the new sensory garden in Kilmarnock Town Centre would utilise the totality of the current Common Good Fund for the Kilmarnock area.

HR/EQUALITY IMPLICATIONS

16. Nil arising from this report.

POLICY/COMMUNITY PLANNING/TRANSFORMATION IMPLICATIONS

17. Community Led Regeneration is a current shared Strategic Priority for both the Council and the Community Planning Partnership Board. The proposals for disbursement of the Common Good Funds as set out in this report will support the relevant local communities to further realise their own plans for the regeneration of their local communities. Enhanced local activity to enable Community-Led Regeneration will 41

also to the overarching design principles of the Transformation Strategy by delivering services which are responsive to the needs and opportunities in communities. In addition, it will directly contribute to several of the Transformation Work streams, namely A Fairer, Kinder and Connected East Ayrshire and A Vibrant, Empowered East Ayrshire.

CONCLUSIONS

18. The proposed sensory garden would ensure access to a modern, quality garden within the town centre for all residents, however, would particularly focus on the needs of people with a disability to ensure that the new garden is truly accessible to all.

Background Papers: Nil

Person to Contact: Gwen Barker, Policy Planning and Performance Manager Tel: 01563 574602 Email: [email protected]

Implementation Officer: Gwen Barker, Policy Planning and Performance Manager Tel: 01563 574602 Email: [email protected]