POLICY AND RESOURCES (PROPERTY) SUB - I September 2009

Motherwell, 1 September 2009 at 2 pm.

A Meeting of the POLICY AND RESOURCES (PROPERTY) SUB-COMMITTEE

PRESENT

Councillor Clarke, Convener; Councillor J. McGuigan, Vice-Convener; Councillors Chadha, Grant, Griffin, Homer, Lyle, McElroy, McGlinchey, F. McKay, McKendrick, McKeown, McShannon, Martin, O’Brien, Robertson, Stocks and Taggart.

CHAIR

Councillor Clarke (Convener) presided.

IN AlTENDANCE

The Administrative Officer (Committee and Civic Governance Services), Executive Director of Corporate Services, Head of Property Services, Head of Design Services and Accountant.

APOLOGIES

Provost Curley; Councillors Morgan, Smith and Welsh.

DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000

1. Prior to consideration of the business on the agenda, Councillor McElroy declared an interest in respect of the item remitted from the Environmental Services Committee regarding land at Eastfield Cemetery, Cumbernauld, by reason of his membership of the Board of Campsie Centre Cumbernauld Limited and took no part in consideration of the matter.

The Convener exercised his discretion to vary the Order of Business as hereinafter Minuted.

LAND AT EAST WATERHEAD FARM, CUMBERNAULD - MULTI-LINK LEISURE DEVELOPMENTS LIMITED

2. With reference to paragraph 9 of the Minute of the meeting of the Planning and Development (Buildings and Property) Sub-Committee held on 5 January 1999, when it was agreed that a lease be entered into with Multi-Link Leisure Developments Limited for a period of 50 years in respect of land at East Waterhead Farm, Cumbernauld on the terms detailed in the report of 5 January 1999 by the Director of Planning and Development, there was submitted a report (docketed) dated 24 August 2009 by the Executive Director of Corporate Services (1) outlining the history of the property transaction for the land at East Waterhead Farm, Cumbernauld, involving the Council and Multi-Link Leisure Developments Limited, and (2) giving details of litigation involving the Council and the com pan y .

Decided:

(1) that the actions taken to protect and enhance the Council’s position be noted, and

(2) that the position in relation to the Court of Session proceedings, including the decision to mark an appeal to the Inner House of the Court of Session, be noted.

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CORPORATE SERVICES QUARTERLY PERFORMANCE MANAGEMENT EXCEPTIONS REPORT - APRIL TO JUNE 2009

3. With reference to paragraph 2 of the Minute of the meeting of this Sub-Committee held on 26 May 2009, when the current position in relation to the performance indicators for Corporate Services was noted, there was submitted a report (docketed) dated 19 August 2009 by the Executive Director of Corporate Services (1) advising of performance against the key service targets for Corporate Services for the first quarter of 2009/2010 from 1 April to 30 June 2009, and (2) highlighting and giving explanations for variations from target, which, in respect of Property Services, showed no indicators requiring improvement or surpassing targets.

Decided: that the content of the report and the current position in relation to the performance indicators for Corporate Services be noted.

PROPERTY SERVICES QUARTERLY PERFORMANCE MANAGEMENT EXCEPTIONS REPORT - APRIL TO JUNE 2009

4. With reference to paragraph 2 of the Minute of the meeting of this Sub-Committee held on 10 March 2009, when the performance of Property Services for the third quarter of 2008/2009 was noted, there was submitted a report (docketed) dated 13August 2009 by the Head of Property Services (1) advising of performance against the service targets for Property Services for the first quarter of 2009/2010 from 1 April to 30 June 2009, and (2) highlighting and giving explanations for variations from target, which included two indicators which required improvement and two which exceeded their target.

Decided:

(1) that the current position in relation to the indicators be noted, and

(2) that the content of the report be otherwise noted.

CORPORATE PROPERTY PERFORMANCE INFORMATION

5. There was submitted a report (docketed) dated 4 August 2009 by the Head of Design Services (1) giving details of performance and quality information in relation to Corporate Property Maintenance for Quarter 1 of 2009/2010, together with the average for the previous year for comparison purposes; (2) detailing client feedback obtained from client questionnaires which had been returned, and (3) summarising the current expenditure position on the Central Repairs Account as at 31 July 2009.

Decided: that the contents of the report be noted.

REMIT FROM PLANNING AND TRANSPORTATION COMMITTEE OF 8 JULY 2009 - LAND SURPLUS TO REQUIREMENTS AT MAIN STREET, MOSSEND

6. With reference to paragraph 4 of the Minute of the meeting of the Planning and Transportation Committee held on 8 July 2009, when that Committee, having considered a report (docketed as relative to the meeting of that Committee) dated 1 June 2009 by the Head of Planning and Development, had agreed to declare land extending to 176 square metres, or thereby, at Main Street, Mossend surplus to operational requirements and to refer the matter to this Sub-Committee for consideration, the Sub-Committee considered the report.

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Decided: that the Head of Property Services be authorised to deal with land extending to 176 square metres, or thereby, at Main Street, Mossend, as shown on the plan attached to the report, in terms of the policy on surplus land and property.

REMITS FROM PLANNING AND TRANSPORTATION COMMITTEE OF 13 AUGUST 2009 - LAND SURPLUS TO REQUIREMENTS

(1) LAND AT RAIL STATION,

7. With reference to paragraph 12 of the Minute of the meeting of the Planning and Transportation Committee held on 13 August 2009, when that Committee, having considered a report (docketed as relative to the meeting of that Committee) dated 21 July 2009 by the Head of Planning and Development, had agreed to declare land extending to 22 square metres, or thereby, at Whifflet Railway Station, Coatbridge surplus to operational requirements and to refer the matter to this Sub-Committee for consideration, the Sub-Committee considered the report.

Decided: that the Head of Property Services be authorised to deal with land extending to 22 square metres, or thereby, at Whifflet Rail Station, Coatbridge, as shown on the plan attached to the report, in terms of the policy on surplus land and property.

(2) LAND AT SMITH AVENUE, WISHAW

8. With reference to paragraph 13 of the Minute of the meeting of the Planning and Transportation Committee held on 13 August 2009, when that Committee, having considered a report (docketed as relative to the meeting of that Committee) dated 21 July 2009 by the Head of Planning and Development, had agreed to declare land extending to 3,500 square metres, or thereby, at Smith Avenue, Wishaw surplus to operational requirements and to refer the matter to this Sub-Committee for consideration, the Sub-Committee considered the report.

Decided: that the Head of Property Services be authorised to deal with land extending to 3,500 square metres, or thereby, at Smith Avenue, Wishaw, as shown on the plan attached to the report, in terms of the policy on surplus land and property.

REMIT FROM LEARNING AND LEISURE SERVICES COMMITTEE OF 18 AUGUST 2009 - BUILDING AND SITE SURPLUS TO EDUCATIONAL REQUIREMENTS AT CALDERHEAD NURSERY SCHOOL, SHOTTS

9. With reference to paragraph 16 of the Minute of the meeting of the Learning and Leisure Services Committee held on 18 August 2009, when that Committee, having considered a report (docketed as relative to the meeting of that Committee) dated July 2009 by the Head of Educational Resources, had agreed to declare the building and site at Calderhead Nursery School, Shotts surplus to the operational requirements of Learning and Leisure Services and to refer the matter to this Sub-Committee for consideration, the Sub-Committee considered the report.

Decided: that the Head of Property Services be authorised to deal with the building and site of Calderhead Nursery School, Kirk Road, Shotts, as shown on the plan attached to the report, in terms of the policy on surplus land and property.

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REMITS FROM HOUSING AND SOCIAL WORK SERVICES COMMITTEE OF 19 AUGUST 2009

(1) CHRYSTON HOUSING AND SOCIAL WORK OFFICE - PROPERTY SURPLUS TO REQUIREMENTS

10. With reference to paragraph 16 of the Minute of the meeting of the Housing and Social Work Services Committee held on 19 August 2009, when that Committee, having considered a report (docketed as relative to the meeting of that Committee) dated July 2009 by the Head of Housing and Social Work Resources, had agreed to declare the Chryston Housing and Social Work Office surplus to the requirements of Housing and Social Work Services and to refer the matter to this Sub-Committee for consideration, the Sub-Committee considered the report.

Decided: that the Head of Property Services be authorised to deal with the Chryston Housing and Social Work Office in terms of the policy on surplus land and property.

(2) LAND SURPLUS TO OPERATIONAL REQUIREMENTS - VARIOUS SITES

11, With reference to paragraph 17 of the Minute of the meeting of the Housing and Social Work Services Committee held on 19 August 2009, when that Committee, having considered a report (docketed as relative to the meeting of that Committee) dated 13 July 2009 by the Head of Housing Services, had agreed that land at (1) Willow Drive, Airdrie extending to 1,750 square metres, or thereby; (2) South Commonhead Avenue, Airdrie extending to 253 square metres, or thereby; (3) George Street, Airdrie extending to 3,165 square metres, or thereby; (4) Chisholm Street, Coatbridge extending to 35 square metres, or thereby; (5) Calder Avenue, Coatbridge extending to 3,825 square metres, or thereby; (6) Hunter Street, Airdrie extending to 75 square metres, or thereby, and (7) Ainslie and Maclehose Road, Cumbernauld extending to 7,265 square metres, or thereby, be declared surplus to the operational requirements of Housing and Social Work Services and to refer the matter to this Sub-Committee for consideration, the Sub-Committee considered the report.

Decided: that the Head of Property Services be authorised to deal with land at (1) Willow Drive, Airdrie extending to 1,750 square metres, or thereby; (2) South Commonhead Avenue, Airdrie extending to 253 square metres, or thereby; (3) George Street, Airdrie extending to 3,165 square metres, or thereby; (4) Chisholm Street, Coatbridge extending to 35 square metres, or thereby; (5) Calder Avenue, Coatbridge extending to 3,825 square metres, or thereby; (6) Hunter Street, Airdrie extending to 75 square metres, or thereby, and (7) Ainslie and Maclehose Road, Cumbernauld extending to 7,265 square metres, or thereby, in terms of the policy on surplus land and property.

(3) MODERNISATION OF RESIDENTIAL CHILDREN’S SERVICES IN

12. With reference to paragraph 25 of the Minute of the meeting of the Housing and Social Work Services Committee held on 19 August 2009, when that Committee, having considered a report (docketed as relative to the meeting of that Committee) dated 24 July 2009 by the Head of Housing and Social Work Resources, had agreed (1) to declare the property known as Leslie Street Children’s House at 106 Leslie Street, Motherwell surplus to the requirements of the Social Work Division; (2) that the property known as Torrance Avenue Children’s House at 5-7 Torrance Avenue, Airdrie revert to use for social housing, and (3) to refer the matter to this Sub-Committee for consideration, the Sub-Committee considered the report.

Decided: that the Head of Property Services be authorised to deal with the property known as Leslie Street Children’s House at 106 Leslie Street, Motherwell in terms of the policy on surplus land and property.

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REMITS FROM ENVIRONMENTAL SERVICES COMMllTEE OF 19 AUGUST 2009

(1) HARTWOOD HOSPITAL BURIAL GROUND, HARTWOOD, SHOTTS

13. With reference to paragraph 10 of the Minute of the meeting of the Environmental Services Committee held on 19 August 2009, when that Committee, having considered a report (docketed as relative to the meeting of that Committee) dated 19 August 2009 by the Head of Land Services, had agreed (1) to acquire the former Hartwood Hospital Burial Ground in terms as outlined in the report; (2) that all other terms and conditions be adjusted by the Head of Property Services as necessary, and (3) to refer the matter to this Sub-Committee for consideration, the Sub-Committee considered the report.

Decided: that the Head of Property Services be authorised to acquire the burial ground, extending to 2,070 square metres, or thereby, at the former Hartwood Hospital, Hartwood, Shotts, as shown on the plan attached to the report.

(2) LAND SURPLUS TO REQUIREMENTS

(a) LAND AT 173 BONKLE ROAD, NEWMAINS

14. With reference to paragraph 11 of the Minute of the meeting of the Environmental Services Committee held on 19 August 2009, when that Committee, having considered a report (docketed as relative to the meeting of that Committee), dated 19 August 2009 by the Head of Land Services, had agreed to declare the area of land extending to 650 square metres, or thereby, at Bonkle Road, Newmains surplus to operational requirements and to refer the matter to this Sub-Committee for consideration, the Sub-Committee considered the report.

Decided: that the Head of Property Services be authorised to dispose of land extending to 650 square metres, or thereby, to the rear of 173 Bonkle Road, Newmains, as shown on the plan attached to the report, in terms of the policy on surplus land and property.

(b) LAND AT VICTORIA STREET, HARTHILL

15. With reference to paragraph 12 of the Minute of the meeting of the Environmental Services Committee held on 19 August 2009, when that Committee, having considered a report (docketed as relative to the meeting of that Committee), dated 19 August 2009 by the Head of Land Services, had agreed to declare the area of land extending to 5,612 square metres, or thereby, at Victoria Street, Harthill surplus to operational requirements and to refer the matter to this Sub-Committee for consideration, the Sub-Committee considered the report.

Decided: that the Head of Property Services be authorised to dispose of land extending to 5,612 square metres, or thereby, at Victoria Street, Harthill, as shown on the plan attached to the report, in terms of the policy on surplus land and property.

(c) BALMALLOCH BOTHY, KILSYTH

16. With reference to paragraph 13 of the Minute of the meeting of the Environmental Services Committee held on 19 August 2009, when that Committee, having considered a report (docketed as relative to the meeting of that Committee), dated 19 August 2009 by the Head of Land Services, had agreed to declare the area of land extending to 38 square metres, or thereby, at Balmalloch Bothy, Kilsyth, surplus to operational requirements and to refer the matter to this Sub-Committee for consideration, the Sub-Committee considered the report.

696 POLICY AND RESOURCES (PROPERTY3 SUB - 1 September 2009

Decided: that the Head of Property Services be authorised to dispose of Balmalloch Bothy, Kilsyth, extending to 38 square metres, or thereby, as shown on the plan attached to the report, in terms of the policy on surplus land and property.

Prior to consideration of the following item of business, Councillor McElroy declared an interest in respect of the item regarding land at Eastfield Cemetery, Cumbernauld, by reason of his membership of the Board of Campsie Centre Cumbernauld Limited and took no part in consideration of the matter

(d) LAND AT EASTFIELD CEMETERY, CUMBERNAULD

17. With reference to paragraph 14 of the Minute of the meeting of the Environmental Services Committee held on 19 August 2009, when that Committee, having considered a report (docketed as relative to the meeting of that Committee) dated 19 August 2009 by the Head of Land Services, had agreed to declare land extending to 100 square metres, or thereby, at Eastfield Cemetery, Cumbernauld surplus to operational requirements and to refer the matter to the Sub-Committee for consideration, it having been noted that, in terms of paragraph 57(E) of the Council’s Standing Orders, the powers delegated to the Committee would not be exercised in respect of this item of business and that the matter would be referred to the Council, the Sub-Committee considered the report.

Decided: that consideration of this matter be continued.

(e) LAND AT MAIN STREET,

18. With reference to paragraph 15 of the Minute of the meeting of the Environmental Services Committee held on 19 August 2009, when that Committee, having considered a report (docketed as relative to the meeting of that Committee) dated 19 August 2009 by the Head of Land Services, had agreed to declare the area of land extending to 215 square metres, or thereby, at Main Street, Glenboig surplus to operational requirements and to refer the matter to this Sub-Committee for consideration, the Sub-Committee considered the report.

Decided: that the Head of Property Services be authorised to dispose of land extending to 215 square metres, or thereby, at Main Street, Glenboig, as shown on the plan attached to the report, in terms of the policy on surplus land and property.

LAND ADJACENT TO SOUTH COMMONHEAD AVENUE, AlRDRlE - DISPOSAL 19. With reference to paragraph 10 above, when it was agreed that land at Commonhead Avenue, Airdrie be disposed of in terms of the policy on surplus land and property, there was submitted a report dated 5 August 2009 by the Head of Property Services seeking approval of terms for the disposal of land extending to 259 square metres, or thereby, at South Commonhead Avenue, Airdrie, as shown on the plan attached to the report, to Scottish Water to facilitate the provision of a lay-by.

Decided:

(1) that the Head of Property Services be authorised to dispose of land extending to 259 square metres, or thereby, at South Commonhead Avenue, Airdrie, as shown on the plan attached to the report, to Scottish Water, or their nominees, for the sum of f6,000,subject to the purchaser meeting the Council’s reasonable legal fees and other terms and conditions to be adjusted, and

(2) that the report be otherwise noted.

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LAND ADJACENT TO 25 GADLOCH VIEW, AUCHINLOCH - DISPOSAL 20. There was submitted a report dated 6August 2009 by the Head of Property Services seeking approval of terms for the disposal of land extending to 153 square metres, or thereby, adjacent to 25 Gadloch View, Auchinloch, as shown on the plan attached to the report, to Mr. and Mrs. Thomson, the adjacent house owners, for an extension to existing garden ground.

Decided:

(1) that the Head of Property Services be authorised to dispose of land extending to 153 square metres, or thereby, adjacent to 25 Gadloch View, Auchinloch, as shown on the plan attached to the report, to Mr. and Mrs. Thomson for extension of their garden for the sum of f3,060 subject to (a) the purchasers meeting the Council’s reasonable legal and professional fees, and (b) other terms and conditions to be adjusted, and

(2) that the report be otherwise noted.

LAND ADJACENT TO 27 GADLOCH AVENUE, AUCHINLOCH - DISPOSAL 21. There was submitted a report dated 6August 2009 by the Head of Property Services seeking approval of terms for the disposal of land extending to 186 square metres, or thereby, adjacent to 27Gadloch Avenue, Auchinloch, as shown on the plan attached to the report, to Mr. and Mrs. Thomson, the adjacent house owners, for an extension to existing garden ground.

Decided:

(1) that the Head of Property Services be authorised to dispose of land extending to 186 square metres, or thereby, adjacent to 27 Gadloch Avenue, Auchinloch, as shown on the plan attached to the report, to Mr. and Mrs. Thomson for extension of existing garden ground for the sum of f3,720,subject to (a) the purchasers meeting the Council’s reasonable legal and professional fees, and (b) other terms and conditions to be adjusted, and

(2) that the report be otherwise noted.

LAND AT WHIFFLET RAILWAY STATION, COATBRIDGE - DISPOSAL 22. With reference to paragraph 6 above, when it was agreed that land at Whifflet Railway Station, Coatbridge be disposed of in terms of the policy on surplus land and property, there was submitted a report dated 30 July 2009 by the Head of Property Services, seeking approval of terms for the disposal of land extending to 22 square metres, or thereby, at Coatbridge Whifflet Railway Station, as shown on the plan attached to the report, to Network Rail to enable First ScotRail to provide a customer waiting shelter.

Decided:

(1) that the Head of Property Services be authorised to dispose of land extending to 22 square metres, or thereby, at Coatbridge Whifflet Railway Station, as shown on the plan attached to the report, to Network Rail, or their nominees, for the sum of f3,000, subject to terms and conditions to be adjusted, and

(2) that the report be otherwise noted.

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LAND AT DRUMPELLIER PARK, COATBRIDGE - DISPOSAL AND ASSOCIATED SERVITUDE 23. There was submitted a report (docketed) dated 27 July 2009 by the Head of Property Services seeking approval of terms for the disposal of land extending to 30 square metres, or thereby, at Drumpellier Park, Coatbridge to Scottish Water, together with an associated servitude over land extending to 375 square metres, or thereby, both as shown on the plan attached to the report, to facilitate the construction of a combined sewer overflow chamber.

Decided:

(1) that the Head of Property Services be authorised to (a) dispose of land extending to 30 square metres, or thereby, and (b) grant a servitude over land extending to 375 square metres, or thereby, at Drumpellier Park, Coatbridge, as shown on the plan attached to the report, to Scottish Water for the sum of f5,000subject to terms and conditions to be adjusted, and

(2) that the report be otherwise noted.

LAND AT DUNNSWOOD ROAD, WARDPARK SOUTH INDUSTRIAL ESTATE, CUMBERNAULD - DISPOSAL

24. With reference to paragraph 14 of the Minute of the meeting of this Sub-Committee held on 2 September 2008, when it was agreed that land at Dunnswood Road, Wardpark South Industrial Estate, Cumbernauld be sold to Energen Biogas Limited for the sum of f460,000,there was submitted a report dated 24 July 2009 by the Head of Property Service (1)advising that abnormal development costs amounting to f124,000 had been identified by the purchaser, which had subsequently been assessed by the Council’s consultants, Jacobs, as f90,000,and (2) seeking approval of amended terms for the disposal of the land extending to 1.85 hectares (4.57acres), or thereby, at Dunnswood Road, Wardpark South Industrial Estate, Cumbernauld, as shown on the plan attached to the report to Energen Biogas Limited.

Decided :

(1) that the Head of Property Services be authorised to dispose of land extending to 1.85 hectares, or thereby, together with the area of land containing the tree belt at Dunnswood Road, Wardpark South Industrial Estate, Cumbernauld, as shown on the plan attached to the report, to Energen Biogas Limited for the amended sum of f370,000,subject to terms and conditions to be adjusted, and

(2) that the report be otherwise noted.

LAND AT HAMILL DRIVE, KILSYTH - REGISTRATION ERROR 25. There was submitted a report (docketed) dated 30 July 2009 by the Head of Property Services (1) advising of a registration error which had occurred in regard to land at High Barrwood Road/Hamill Drive, Kilsyth, as shown on the plan attached to the report; (2)indicating that the land had erroneously been registered by the Keeper of the Registers of Scotland in the name of Edmund Steele Limited, who had acquired and developed this area as part of their adjoining site, and (3)reporting that a claim for compensation had been submitted based on a valuation of f20,000,which had been assessed by the District Valuer in respect of the error and which had been agreed by the Keeper, with the Council’s reasonable legal expenses and outlays also being met by the Keeper.

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Decided:

(1) that the outcome of the claim for compensation against the Keeper of the Registers of Scotland in respect of the erroneous registration of land at Hamill Drive, Kilsyth, as shown on the plan attached to the report, be noted, and

(2) that the report be otherwise noted.

M80/M73 SPECIAL ROADS: (MOODIESBURN BYPASS) (MOLLINSBURN TO AUCHENKILNS) (AUCHENKILNS TO HAGGS) COMPULSORY PURCHASE ORDER 2006

26. There was submitted a report (docketed) dated 31 July 2009 by the Head of Property Services (1) advising that the Scottish Ministers had acquired 114 areas of land in respect of the M80/M73 Special Roads: (Moodiesburn Bypass) (Mollinsburn to Auchenkilns) (Auchenkilns to Haggs) Compulsory Purchase Order 2006; (2) indicating that negotiations had taken place with the District Valuer in respect of 120 individual plots ranging from 36 square metres to 66,212square metres, and (3) proposing that the total sum of f571,685be accepted for these areas, as detailed in the schedule and as shown on the plans attached to the report.

Decided:

(1) that the Head of Property Services be authorised to accept the total compensation sum of f571,685in respect of the various areas of land acquired by the Scottish Executive in terms of the M80/M73 Special Roads: (Moodiesburn Bypass) (Mollinsburn to Auchenkilns) (Auchenkilns to Haggs) Compulsory Purchase Order 2006,as detailed in the schedule and as shown on the plans attached to the report, subject to the Solicitors for the Scottish Government being satisfied with regard to the Council’s title to the various areas and other terms and conditions to be adjusted, and

(2) that the report be otherwise noted.

LAND AT SMITH AVENUE, GOWKTHRAPPLE, WISHAW - DISPOSAL 27. There was submitted a report dated 27 July 2009 by the Head of Property Services seeking approval of terms for the disposal of land extending to 0.3195 hectare (0.789acre), or thereby, at Smith Avenue, Gowkthrapple, Wishaw, as shown on the plan attached to the report, to Garrion People’s Housing Co-operative for the development of a new community hub facility.

Decided:

(1) that the Head of Property Services be authorised to dispose of land extending to 0.3195 hectare (0.789acre), or thereby, at Smith Avenue, Gowkthrapple, Wishaw, as shown on the plan attached to the report, to Garrion People’s Housing Co-operative for the sum of f75,000 subject to (a) receipt of planning consent for the construction of the community hub; (b) a satisfactory site investigation report, and (c) other terms and conditions to be adjusted, and

(2) that the report be otherwise noted.

COATS HOUSE, AlRDRlE - ACQUISITION

28. The Convener advised that the report in relation to the acquisition of Coats House, Airdrie had been withdrawn.

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HARTWOOD HOSPITAL BURIAL GROUND, HARTWOOD, SHOTTS - ACQUISITION 29. With reference to paragraph 12 above, when it was agreed that the burial ground at the former Hartwood Hospital, Hartwood, Shotts be acquired, there was submitted a report dated 5 August 2009 by the Head of Property Services (1) advising that the burial ground at the former Harwood Hospital was accessed via a long access route from Hartwood Road, which could be altered if the site were developed, subject to the Council’s approval; (2) indicating that there was Japanese Knotwood present on the site, and (3)seeking approval of terms for the acquisition from NHS Lanarkshire of the burial ground extending to 2,068 square metres, or thereby, within the grounds of the former Hartwood Hospital site, as shown on the plan attached to the report.

Decided:

(1) that the Head of Property Services be authorised to acquire the burial ground extending to 2,068square metres, or thereby, in the grounds of the former Hartwood Hospital, Hartwood, Shotts, as shown on the plan attached to the report, from NHS Lanarkshire on the basis of (a) the seller paying (A) a commuted sum of f18,000 in respect of future maintenance costs, and (B) the sum of f2,000for the eradication of the Japanese Knotwood on the site; (b) the Council being granted a servitude right of pedestrian and vehicular access to the burial ground, on the understanding that the route may be altered in the future subject to the approval of the Council; (c) the land continuing to be used as a burial ground with no further internments, and (d) other terms and conditions to be adjusted, and

(2) that the report be otherwise noted.

INDUSTRIAL AND COMMERCIAL LEASES

30. There was submitted a report (docketed) dated 6August 2009 by the Head of Property Services advising of business centre, commercial, grazing, industrial and office leases approved during the period from 1 April to 30 June 2009 by the Head of Property Services in terms of his delegated powers.

Decided: that the contents of the report be noted.

WILLOW DRIVE, CRAIGNEUK, AlRDRlE - LEASE 31. With reference to (1)paragraph 25 of the Minute of the meeting of the Housing and Property Services Committee held on 14 June 2000 when it was agreed, inter alia, that the former depot site at 2 Willow Drive, Craigneuk, Airdrie be disposed of in accordance with the Council’s policy on surplus land, and (2)paragraph 10 above when it was agreed that various areas, including land at Willow Drive, Airdrie, be dealt with in terms of the agreed policy on surplus land and property, there was submitted a report dated 23 July 2009 by the Head of Property Services seeking approval of terms for the lease of land extending to 0.202 hectare (0.5 acre), or thereby, at Willow Drive, Craigneuk, Airdrie, as shown on the plan attached to the report, to Craigneuk and Old Petersburn Road Residents’ Association for use as community allotments.

Decided:

(1) that the Head of Property Services be authorised to lease land extending to 0.202 hectare (0.5 acre), or thereby, at Willow Drive, Craigneuk, Airdrie, as shown on the plan attached to the report, to Craigneuk and Old Petersburn Road Residents’ Association for use as community allotments for a period of 20 years at a rental of E200 per annum subject to five yearly rent reviews and other terms and conditions to be adjusted, and

(2) that the report be otherwise noted.

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BOWLING CLUB, MAIN STREET, BANTON, KILSYTH - LEASE EXTENSION

32. With reference to paragraph 32 of the Minute of the meeting of the Environmental Services Committee held on 19 August 2009, when the extension of the lease of the Bowling Club at Main Street, Banton, Kilsyth was approved, there was submitted a report (docketed) dated 5 August 2009 by the Head of Property Services (1) advising that Banton and Kelvinhead Bowling Club (a) currently leased the Clubhouse extending to 237.93 square metres (2,561 square feet), or thereby, a changing facility and store extending to 68.93 square metres (742 square feet), or thereby, a six rink bowling green and two tarmac tennis courts at the Bowling Club on Main Street, Banton, Kilsyth, and (b) had requested an extension of the lease for a further period of at least 15 years to enable them to upgrade the current facilities, and (2) proposing (a) that the lease be granted for a period of 50 years in line with the current review of leases for outdoor bowling clubs and to enable the upgrading works to be carried out; (b) that a rent free period of ten years also be granted, and (c) that on conclusion of the review of bowling club leases, the lease be further adjusted to bring it in line with the amended policy.

Decided:

(1) that, pending and subject to the conclusion of the review of bowling club leases, the Head of Property Services be authorised to extend the lease of the Clubhouse extending to 237.93 square metres (2,561 square feet), or thereby, the changing facility and store extending to 68.93 square metres (742 square feet), or thereby, a six rink bowling green and two tarmac tennis courts at the Bowling Club on Main Street, Banton, Kilsyth, as shown on the plan attached to the report, to Banton and Kelvinhead Bowling Club for a period of 50 years from September 2009 at a rental of €2,500 per annum, subject to (a) a rent free period of 10 years; (b) five yearly rent reviews, following the expiry of the rent free period; (c) one rink being provided for public use, and (d) other terms and conditions to be adjusted, and

(2) that the report be otherwise noted.

5 JOHN STREET, BELLSHILL - LEASE EXTENSION

33. There was submitted a report dated 23 July 2009 by the Head of Property Services advising that Mr. Brian Bianchi (1) currently leased the premises extending to 147 square metres (1,580 square feet), or thereby, at 5 John Street, Bellshill, as shown on the plan attached to the report, for use for his dental practice, and (2) had requested that his lease be extended for a further period of 15 years.

Decided:

(I) that the Head of Property Services be authorised to extend the lease of the premises extending to 147 square metres (1,580 square feet), or thereby, at 5 John Street, Bellshill, as shown on the plan attached to the report, to Mr. Brian Bianchi for a period of 15 years from 14 May 2011 at a rental of f15,000 per annum, subject to five yearly rent reviews from 14 May 201 1 and other terms and conditions to be adjusted, and

(2) that the report be otherwise noted.

66B LEVEN ROAD, COATBRIDGE - LEASE EXTENSION

34. There was submitted a report (docketed) dated 6 August 2009 by the Head of Property Services advising that Aujla Enterprises (Scotland) Limited (1) currently leased the shop unit extending to 43 square metres (466 square feet), or thereby, at 66B Leven Road, Coatbridge, as shown on the plan attached to the report, for use as a licensed grocers, together with the adjoining premises at 66C Leven Road, which he leased from the owner, with both premises having been incorporated into one unit by a previous tenant, and (2) had requested that his lease be extended for a further period to bring it in line with his lease of 66C Leven Road, Coatbridge.

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Decided:

(1) that the Head of Property Services be authorised to extend the lease of the premises extending to 43 square metres (466 square feet), or thereby, at 66B Leven Road, Coatbridge, as shown on the plan attached to the report, to Aujla Enterprises (Scotland) Limited for use as a general convenience store with a post office for a period of 24 years 6 months from 9 September 2007 at a rental of f6,000 per annum, subject to five yearly rent reviews and other terms and conditions to be adjusted, and

(2) that the report be otherwise noted.

126-130 MAIN STREET, COATBRIDGE - SUB-STATION LEASE

35. There was submitted a report dated 6August 2009 by the Head of Property Services seeking approval of terms for the lease of land extending to 25 square metres, or thereby, at 126-130 Main Street, Coatbridge, as shown on the plan attached to the report, together with an associated cable servitude, to SP Distribution Limited for the provision of an electricity sub-station to serve the new development on the site.

Decided:

(1) that the Head of Property Services be authorised to lease land extending to 25 square metres, or thereby, at 126-130 Main Street, Coatbridge, as shown on the plan attached to the report, to SP Distribution Limited, together with the associated cable servitude, for the provision of an electricity sub-station for a period of 60 years from August 2009 at a rental of f 1 per annum, if asked, subject to terms and conditions to be adjusted, and

(2) that the report be otherwise noted.

60A-60C WOODSIDE STREET, COATBRIDGE - LEASE EXTENSION 36. There was submitted a report dated 1 September 2009 by the Head of Property Services (1) advising that Botterils Convenience Stores Limited, (a) currently leased the premises extending to 332 square metres (3,571 square feet), or thereby, at 60A-60C Woodside Street, Coatbridge, as shown on the plan attached to the report, for use as a licensed grocers and post office, and (b) had requested that the lease be extended for a further period of 20 years, and (2) indicating that these premises were currently and had, since 2006, been occupied on tacit relocation.

Decided:

(1) that the Head of Property Services be authorised to extend the lease of the premises extending to 332 square metres (3,571 square feet), or thereby, at 60A-60C Woodside Street, Coatbridge, as shown on the plan attached to the report, to Botterils Convenience Stores Limited for a period of 20 years from 28 November 2009 at a rental of f15,400 per annum, with a tenant break option at the end of year 10 and subject to five yearly rent reviews and other terms and conditions to be adjusted, and

(2) that the report be otherwise noted.

FORMER MOSSEND BOWLING CLUB, MOSSEND AND ADJACENT GROUND - LEASE 37. With reference to paragraph 19 of the Minute of the meeting of this Sub-Committee held on 4 September 2003, when a revised rental of f 1,566 per annum was approved following a review of

703 POLICY AND RESOURCES (PROPERTY3 SUB - 1 September 2009

the lease of Mossend Bowling Club, Adamson Street, Mossend, there was submitted report (docketed) dated 30 July 2009 by the Head of Property Services (1)advising that Mossend Bowling Club had ceased operation in February 2008, and (2)seeking approval of terms for the lease of the site extending to 0.625 hectare (1.54acres), or thereby, of the former Mossend Bowling Club, Mossend, consisting of a clubhouse and two bowling rinks, to the Scottish Soft Tennis Federation.

Decided:

(1) that the Head of Property Services be authorised to lease the former Mossend Bowling Club and associated land extending to 0.625 hectare (1.54acres), or thereby, as shown on the plan attached to the report, to the Scottish Soft Tennis Federation for a period of 25 years at a rental of f4,000per annum subject to (a) one year’s abatement of rental to account for the dilapidated condition of the building; (b) any assignation of the lease being subject to the full approval of the Council; (c) five yearly rent reviews, and (d) other terms and conditions to be adjusted, and

(2) that the report be otherwise noted.

STRATHCLYDE COUNTRY PARK CARAVAN AND CAMPING SITE, MOTHERWELL

38. With reference to paragraph 30 of the Minute of the meeting of the Environmental Services Committee held on 19 August 2009, when it was agreed (1) that acceptance of the offer from Abbeyford Caravan Company (Scotland) Limited for the operational lease of the Caravan and Camping Site within Strathclyde Country Park be agreed in principle for an initial period to be agreed in terms of the project, subject to full negotiations and agreement of the lease conditions, and (2)that the Executive Director of Environmental Services, in conjunction with the Executive Director of Corporate Services (a) be instructed to conclude negotiations on the project brief and agreement of the lease conditions, and (b) jointly identify suitable locations for the development of a small scale holiday chalet complex within Strathclyde Country Park and seek tenders for the commercial development and operation of such facilities, there was submitted a report (docketed) dated 5 August 2009 by the Head of Property Services (A) advising of the outcome of the recent marketing exercise in respect of the lease of the Caravan and Camping Site at Strathclyde Country Park, Motherwell, as shown on the plan attached to the report; (B) detailing within Section 4.2 of the report, the four offers received, and (C) recommending that the site be leased to Abbeyford Caravan Company (Scotland) Limited, in the terms of the report.

Decided:

(1) that the Head of Property Services be authorised to lease the Caravan and Camping Site extending to 7.4 hectares (18.28acres), or thereby, at Strathclyde Country Park, Motherwell, as shown on the plan attached to the report, to Abbeyford Caravan Company (Scotland) Limited for touring caravan and camping purposes and other ancillary uses for a period of 25 years at a base rental of f20,000per annum plus a top-up rental as detailed within their offer, subject to a rent free period to be agreed, five yearly rent reviews and other terms and conditions to be adjusted, and

(2) that the report be otherwise noted.

32 WINDMILLHILL STREET, MOTHERWELL - LEASE EXTENSION 39. There was submitted a report dated 6 August 2009 by the Head of Property Services advising that Guan Xing Li (1)currently leased the premises extending to 56 square metres (603 square feet), or thereby, at 32 Windmillhill Street, Motherwell, as shown on the plan attached to the report, at a rental of f8,310per annum; (2)had agreed to a rent review to f10,000with effect from 20 June 2008, and (3)had requested that his lease be extended for a period of 15 years to 31 August 2026.

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Decided:

(1) that the Head of Property Services be authorised to extend the lease of the premises extending to 56 square metres (603 square feet), or thereby, at 32 Windmillhill Street, Motherwell, as shown on the plan attached to the report, to Guan Xing Li for a further period of 15 years from 1 September 2011 at a rental of f10,000 subject to a rent review on 1 September 2011 and five yearly, thereafter, in an upwards only manner and other terms and conditions to be adjusted, and

(2) that the report be otherwise noted.

LAND AT MOSS PARK, MOSSHALL STREET, NEWARTHILL - LEASE 40. There was submitted a report dated 6August 2009 by the Head of Property Services seeking approval of terms for the lease of the playing field extending to 0.7119 hectare (1.76acres), or thereby, at Moss Park, Mosshall Street, Newarthill, as shown on the plan attached to the report, to Yettfarm Boys’ Club for a period of 20 years.

Decided:

(1) that the Head of Property Services be authorised to lease the playing field extending to 0.7119 hectare (1.76acres), or thereby, at Moss Park, Mosshall Street, Newarthill, as shown on the plan attached to the report, to Yettfarm Boys’ Club for a period of 20 years at a rental of f250 per annum subject to (a) tenant break options every five years; (b) five yearly upwards only rent reviews, and (c) other terms and conditions to be adjusted, and

(2) that the report be otherwise noted.

AUCHINSTARRY FARM, KILSYTH - SERVITUDE 41. There was submitted a report dated 30 June 2009 by the Head of Property Services seeking approval of terms for the grant of a servitude in favour of Mr. James Wilson of Auchinstarry Farm, Kilsyth over land as shown on the plan attached to the report, to regulate a new pedestrian footbridge over the River Kelvin, which had been erected to provide a link to the Kelvin Walkway.

Decided: that the Head of Property Services be authorised to grant a servitude in favour of Mr. James Wilson and his successors, to regulate the new pedestrian footbridge over the River Kelvin, as shown on the plans attached to the report, for the sum of fl, if asked, subject to (1)Mr. Wilson being responsible for maintaining the bridge structure; carrying all appropriate insurances for the bridge, and meeting the Council’s reasonable outlays, and (2)other terms and conditions to be adjusted.

43 ROADSIDE, CUMBERNAULD VILLAGE, CUMBERNAULD - SERVITUDE 42. There was submitted a report dated 6August 2009 by the Head of Property Services seeking approval to grant a servitude right of access through the parking area and over the public footway at Smithyends, Cumbernauld Village, Cumbernauld, as shown on the plan attached to the report, in favour of Ms. Kirstie Steel to facilitate the provision of a vehicular access to her property at 43 Roadside, Cumbernauld Village, Cumbernauld.

Decided: that the Head of Property Services be authorised to grant a servitude right of access through the parking area and over the public footway at Smithyends, Cumbernauld Village, Cumbernauld, as shown on the plan attached to the report, in favour of

705 POLICY AND RESOURCES (PROPERTY) SUB - 1 September 2009

Ms. Kirstie Steel to facilitate the provision of a vehicular access to her property at 43 Roadside, Cumbernauld Village, Cumbernauld for the sum of f3,000 subject to Ms. Steel being responsible for the Council’s costs and other terms and conditions to be adjusted.

ARDENLEA, UDDINGSTON - SERVITUDE 43. There was submitted a report dated 3August 2009 by the Head of Property Services seeking approval of terms for the grant of a servitude in favour of Scotland Gas Networks plc to provide a permanent servitude over land at Ardenlea, Uddingston, as shown on the plan attached to the report, where a new gas main had been laid following urgent reinforcement works.

Decided: that the Head of Property Services be authorised to grant a servitude in respect of the new gas main at Ardenlea, Uddingston, as shown on the plan attached to the report, in favour of Scotland Gas Networks plc, or their nominees, for the sum of f120 plus legal and professional fees, subject to other terms and conditions to be adjusted.

10112 HILLCREST AVENUE, CRAIGNEUK, WISHAW - SERVITUDE

44. There was submitted a report dated 3August 2009 by the Head of Property Services seeking approval of terms for the re-routing of the existing servitude serving 10 and 12 Hillcrest Avenue, Craigneuk, Wishaw, as shown on the plan attached to the report, to facilitate the construction by Ms. Catherine Bulloch and Mr. Charles Russell of an extension to their property at 12 Hillcrest Avenue.

Decided: that the Head of Property Services be authorised to grant a servitude right of access in favour of Ms. Catherine Bulloch and Mr. Charles Russell to permit the existing servitude serving 10 and 12 Hillcrest Avenue, Craigneuk, Wishaw to be re-routed for the sum of f500 subject to the applicants being responsible for the Council’s legal and professional fees, to the proposed construction and reinstatement works being carried out to the satisfaction of the Council, and to other terms and conditions to be adjusted.

CONTRACTS

(1) MEASURED TERM CONTRACT FOR MAINTENANCE OF STORAGE AND FAN CONVECTOR HEATERS 2009-2012

45. There was submitted a report dated 27May 2009 by the Head of Design Services on tenders received for the provision of a three year Measured Term Contract for the maintenance of storage and fan convector heaters (1) listing within Section 3 of the report, the five tenders received; (2) intimating that, after checking and evaluation on the basis of 60% price and 40% quality, the tender submitted by Electricare Limited, Bellshill had been found to be the lowest and most advantageous, and (3) indicating that the Executive Director of Corporate Services was progressing the matter in terms of his delegated powers.

Decided: that the terms of the report be noted.

(2) DEMOLITION OF 9-13 NETHERDALE ROAD, NETHERTON INDUSTRIAL ESTATE, WISHAW

46. There was submitted a report dated 17 June 2009 by the Head of Design Services advising (1) that tenders had been received for the demolition of 9-1 3 Netherdale Road, Netherton Industrial Estate,

706 POLICY AND RESOURCES (PROPERTY3 SUB - 1 September 2009

Wishaw; (2) that the lowest tender, after checking, was that received from Central Demolition Limited, Bonnybridge in the sum of f76,566,and (3) that the Executive Director of Corporate Services was progressing the matter in terms of his delegated powers.

Decided: that the terms of the report be noted.

AUDIT SCOTLAND REPORT ON ASSET MANAGEMENT PLANNING

47. The Convener advised that the report in relation to Audit Scotland’s Report on Asset Management Planning had been withdrawn.

CARBON REDUCTION COMMITMENT

48. There was submitted a report (docketed) dated 5 August 2009 by the Head of Property Services (1) advising of the introduction by the Government of a new Carbon Reduction Commitment Scheme, which was a mandatory emissions trading scheme aimed at improving energy efficiency and reducing the amount of carbon dioxide emitted in the UK, and (2) giving details of the scheme, the registration fees and its likely impact on the Council.

Decided: that the introduction and likely impact on the Council of the Carbon Reduction Commitment Scheme be noted.

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