Agenda Item 2(a) North Ayrshire Council 9 September 2009

IRVINE, 9 September 2009 - At a Meeting of North Ayrshire Council at 2.00 p.m.

Present Robert Rae, Ian Clarkson, Robert Barr, Tom Barr, John Bell, Matthew Brown, Andrew Chamberlain, Margie Currie, Anthea Dickson, John Ferguson, Alex Gallagher, Anthony Gurney, Jean Highgate, Alan Hill, John Hunter, Ruby Kirkwood, Margaret McDougall, Elizabeth McLardy, Peter McNamara, Ronnie McNicol, Pat McPhee, Elisabethe Marshall, John Moffat, David Munn, Alan Munro, David O'Neill, Ryan Oldfather, John Reid and Joan Sturgeon.

In Attendance E. Murray, Chief Executive; C. Kirk, Corporate Director (Educational Services); T. Orr, Corporate Director (Property Services); A. Herbert, Assistant Chief Executive (Finance); I.T. Mackay, Assistant Chief Executive and R. Forrest, Planning Services Manager (Legal and Protective); J.M. Macfarlane, Assistant Chief Executive (Human Resources); J. Barrett, Assistant Chief Executive (Business Change and Customer Service); M. McKeown, Team Leader - Committee Services, J. Stevenson, Communications Officer and M. Anderson, Committee Services Officer (Chief Executive's Service).

Chair Provost Rae in the Chair.

1. Provost's Remarks

The Provost advised that a question submitted by Councillor Dickson in relation to the Walker Hall would be considered as a matter of urgency in terms of Standing Order 9.3 due to the importance of that building to the life of the local community within Kilbirnie.

In terms of Standing Order 9.2, the Provost determined that the order of business be altered to allow Agenda Item 15 (Urgent Items) to be considered as part of Agenda Item 7 (Questions).

Page 1 2. Declarations of Interest

In terms of Standing Order 16, Councillors McNamara, McNicol and Munro, as directors of north Ayrshire Leisure Limited, declared an interest in Agenda Item 9 (North Ayrshire Leisure Limited: Alteration to Board of Directors) and took no part in the discussion thereon.

3. Minutes

The Minutes of the Meeting of the Council held on 1 July 2009 were approved.

4. Leader's Report

The Leader of the Council reported on the following items:-

 Visits by MSP, Cabinet Secretary for Finance and Sustainable Growth (to sign the Council's Single Outcome Agreement), MSP, Minister for Housing and Communities (to discuss housing and regeneration matters), MSP, Minister for Enterprise, Energy and Tourism (on the promotion of Ayrshire as a tourist destination), Kenny MacAskill MSP, Cabinet Secretary for Justice (to visit projects engaging with young people) and MSP, Deputy First Minister and Cabinet Secretary for Health and Wellbeing (for the official opening of the North West Resource Centre, Largs);

 Meetings with representatives of Highlands and Islands Enterprise, Excel and Strathclyde Passenger Transport with regard to transportation on Arran;

 Progress with the Shared Services Agenda, including a recent meeting between the three Ayrshire Authorities and Sir John Arbuthnott to discuss the latter's report, which is due to be published in late October/early November 2009; and

 The recent resignation of John Scott as a representative on the Education Executive of North Ayrshire Council. On behalf of the Council, the Leader expressed his thanks for the valuable contribution made by Mr Scott to the work of the Education Executive.

5. Committee Minutes

Submitted the annexed reports of Committees, being the Minutes of the Meetings held on the undernoted dates, which were approved as follows:-

Licensing Committee (Special): 17 July 2009

Moved by Councillor Marshall and seconded by Councillor R. Barr (pages 1-2).

Page 2 The Executive of North Ayrshire Council: 28 July 2009

Moved by Councillor O'Neill and seconded by Councillor McDougall (pages 3-15).

Scrutiny Committee: 3 August 2009

Moved by Councillor Hunter and seconded by Councillor Dickson (pages 16-19).

Planning Committee: 4 August 2009

Moved by Councillor McLardy and seconded by Councillor Currie (pages 20-33).

Irvine Area Committee: 5 August 2009

Moved by Councillor McPhee and seconded by Councillor Sturgeon (pages 34-36).

Licensing Committee: 11 August 2009

Moved by Councillor Sturgeon and seconded by Councillor R. Barr (pages 37-42).

Kilwinning Area Committee: 12 August 2009

Moved by Councillor Ferguson and seconded by Councillor Chamberlain (pages 43-45).

North Coast Area Committee: 13 August 2009

Moved by Councillor Hill and seconded by Councillor Marshall (pages 46-52).

Appeals Committee: 14 August 2009

Moved by Councillor McNicol and seconded by Councillor Sturgeon (pages 53-54).

Education Executive: 18 August 2009

Moved by Councillor Bell and seconded by Councillor T. Barr (pages 55-61).

The Executive of North Ayrshire Council: 18 August 2009

Moved by Councillor O'Neill and seconded by Councillor McDougall (pages 62-78).

Page 3 Garnock Valley and West Kilbride Area Committee: 19 August 2009

Moved by Councillor R. Barr and seconded by Councillor Dickson (pages 79-84).

Ardrossan and Arran, Saltcoats and Stevenston Area Committee: 20 August 2009

Moved by Councillor Munn and seconded by Councillor Gurney (pages 85-90).

Kilwinning Area Committee (Special): 21 August 2009

Moved by Councillor Ferguson and seconded by Councillor Chamberlain (page 91).

Planning Committee: 25 August 2009

Moved by Councillor McLardy and seconded by Councillor Currie (pages 92-95).

Appeals Committee: 28 August 2009

Moved by Councillor R. Barr and seconded by Councillor Sturgeon (pages 96-97).

Scrutiny Committee: 31 August 2009

Moved by Councillor Dickson and seconded by Councillor Brown (pages 98-102).

Licensing Committee: 1 September 2009

Moved by Councillor Sturgeon and seconded by Councillor R. Barr (pages 103-107).

6. Questions

In terms of Standing Order 12, submitted:-

(a) a question by Councillor McNicol to the Environment Portfolio-holder in the following terms:-

"Now that the flowering season is about to end will he join with me and acknowledge the North Ayrshire Council grounds maintenance teams for the work they do?"

Councillor T. Barr responded in the following terms:-

"I am thankful for the opportunity to draw attention to the good work that is done by Grounds Maintenance in their efforts with the floral displays which, over the summer, have enhanced the towns and villages of North Ayrshire.

Page 4 I would also like to take this opportunity to thank the volunteer sector of the community, such as the West Kilbirde Environmental Group, the International Historical, Cultural and Geographical Agency in Stevenston, Spier's School and Largs in Bloom, amongst other groups, for the work they have undertaken with the assistance of Grounds Maintenance. The sum total of 350,815 bedding plants was purchased this summer at a cost of £92,881.18 and I think everyone would agree that this is a worthwhile sum which has been well spent, but, if you will excuse the pun, not all is rosy in the garden...

It should be noted that, particularly in the Three Towns, some display beds did fail. There were several reasons for this. It may be due to the weather, or another possibility is fungal root rot, which led to the affected beds being emptied in early August."

As a supplementary question, Councillor McNicol referred to the absence of hanging baskets along the South Beach seafront at Ardrossan and Saltcoats and asked the Portfolio-holder to comment on the number of hanging baskets provided to the Three Towns as a whole (an average of 40 per town) compared with those provided in Largs (143) and West Kilbride (which received enough plants for 270 hanging baskets).

Councillor T. Barr accepted that there had been a reduction in the number of hanging baskets in the Three Towns. He advised that, in previous years, the hanging baskets in Ardrossan and Saltcoats had been adversely affected by salt spray and wind burn. Attempts had been made to address the problem by changing the type of soil used and trying to identify more suitable plants. The issue remains unresolved, but Grounds Maintenance will continue to try to address it.

As a point of clarification, Councillor McLardy advised that West Kilbride Environmental Group met the cost of 100 of the hanging baskets in West Kilbride, that its members planted up the baskets themselves and that the group gave over space to Grounds Maintenance to place plants prior to planting out.

(b) a question from Councillor Dickson to the Community Services Portfolio-holder in the following terms:-

"I was concerned to hear last week that the work to commence the repairs in the Walker Hall, Kilbirnie have been postponed. This work has been long awaited and was finally agreed in the budget for this important and historic facility that is vital to the life of the town at the town centre that urgently needs regenerated. Why is it subject to a delay?"

Councillor McNamara responded in the following terms:-

"The postponement of renovation works on the Walker Hall is the result of the decision made by the Executive on 28th July in relation to the request for financial assistance from Radio City.

Page 5 The Executive agreed (a) that funding of £40,000 be made available to allow Radio City to remain operational for the remainder of 2009/10; (b) that rigorous assessment be made of the potential of the Radio City building and facilities to contribute to the overall delivery of Council and community services in the Garnock Valley, this assessment to be carried out urgently and include consideration of both financial and operational issues; and (c) to receive a further report outlining what future support, if any, the Council can provide.

An assessment of Council services in the Kilbirnie area is already underway and will be completed by November. We are going to look seriously at the potential for consolidating our services. In the meantime, it is sensible to put the Walker Hall work on hold until there is a report back to Council, to ensure this is the best use of the Council's resources."

As a supplementary question, Councillor Dickson questioned why a request by a third party for funding support should lead to a Council budget decision being overturned. Cllr Dickson asked if this meant that Members could not rely upon a Council decision being implemented until workmen were actually on site.

Councillor McNamara advised that he understood Councillor Dickson's concerns regarding the Walker Hall and that the review group would take into account the Walker Hall's iconic status in the local community.

7. Motions

In terms of Standing Order No. 13, submitted a motion by Councillor McLardy and seconded by Councillor Currie in the following terms:-

"(a) that the Council in terms of Standing Order 19 suspend Standing Order 21 to allow reconsideration of its decision on the smoking policy; and

(b) that the Council

(i) recognises the importance of prohibiting smoking in improving health; (ii) recognises that the decision to enforce the part of its smoking policy which prohibits smoking around the perimeter of Council buildings has encouraged smoking on busy thoroughfares, causes inconvenience to users of Council buildings, adds litter in the area and creates a poor image of the Council; and (iii) recognises that there is no legislation which would allow it to enforce this aspect of the policy.

Page 6 The Council therefore agrees to delete from its policy the wording 'Smoking around the perimeter of the Council's buildings is not permitted' so that employees, Elected Members and others who use the Council buildings are permitted to smoke around the perimeter of buildings and to the side of main doors."

Accordingly, Councillor McLardy, seconded by Councillor Currie, moved that the Council should, in terms of Standing Order 19 agree to suspend Standing Order 21 to allow the terms of the principal motion to be considered.

As an amendment, Councillor McNicol, seconded by Councillor Hunter, moved the direct negative.

On a roll call vote, there voted for the amendment Provost Rae and Councillors R. Barr, Brown, Dickson, Ferguson, Gurney, Hill, Hunter, McNicol, Marshall, O'Neill, Reid and Sturgeon (13), and for the motion Councillors Clarkson, T. Barr, Bell, Chamberlain, Currie, Gallagher, Highgate, Kirkwood, McDougall, McLardy, McPhee, Moffat, Munn, Munro and Oldfather (15). Councillor McNamara abstained from voting.

Having failed to secure the required two thirds majority of members present and voting, the motion to suspend Standing Orders was not carried.

8. North Ayrshire Leisure Limited: Alteration to Board of Directors

Submitted report by the Assistant Chief Executive (Legal and Protective) on proposed changes to the number of Directors of North Ayrshire Leisure Limited (NALL) as provided for in its Articles of Association.

There are currently 14 Directors of North Ayrshire Leisure Limited, namely four Directors representing the Council, two Directors appointed from the local community, two Directors representing the local business community, one Director representing sports interests in the area, and five Directors appointed by the employees of the company. The Directors currently appointed to represent the Council are Councillors McNamara, Munro and McNicol and Jan Ward, Head of Service (Educational Services).

In order to improve the effectiveness of the Board of North Ayrshire Leisure Limited, it is proposed to reduce the number of Directors to a maximum of 10. This would entail a reduction in the number of employee Directors to two and the Council's representation to three. In the circumstances, the report recommended that the Council amend its representation on the Board to two Elected Members (namely, the Community Services Portfolio-holder and a nominated Opposition Member) and one Officer (to be selected by the Chief Executive in consultation with the Corporate Director (Educational Services)).

Page 7 During discussion, it was suggested that the Council's representation consist of a Member of the Administration, rather than specifying the Community Services Portfolio-holder, a nominated Opposition Member and an Officer.

The Council agreed to amend its representation on the Board of Directors of North Ayrshire Leisure Limited to a Member of the Administration, a Member of the Opposition and an Officer, the latter to be selected by the Chief Executive in consultation with the Corporate Director (Educational Services).

9. Community Benefit from Renewable Energy: Funding from Ardrossan Wind Farm (Scotland) Limited

Submitted report by the Assistant Chief Executive (Legal and Protective) on a proposed amendment to the Agreement between Ardrossan Wind Farm (Scotland) Limited and North Ayrshire Council in relation to funding given by the company for community benefit arising out of their windfarm development.

On 2 and 4 May 2007, the Council formally signed a legal agreement with Ardrossan Windfarm (Scotland) Limited for the provision of funding of £12,000 by the company to the Council for the Renewable Energy Community Benefit Fund. Grants from the Fund were to be allocated solely for the benefit of communities within North Ayrshire.

On 7 November 2007, the Council agreed that funding received from Airticity (Ardrossan Windfarm (Scotland) Limited) not already allocated to West Kilbride be ring-fenced for the benefit of the people of Ardrossan, with decisions relating to the spending of the Fund to be made by the local Area Committee. At the same meeting, the Council agreed to establish a special committee to undertake the functions of the former Community Benefit from Renewable Energy Sub-Committee of the Corporate Services Committee established by the Council in 2005, with the special committee to remit the award of funding to the relevant Area Committees.

Since 2007, the Ardrossan and Arran, Saltcoats and Stevenston Area Committee has considered requests for funding from the Renewable Energy Community Fund. On 11 June 2009, the Area Committee considered a report which detailed a proposal by Airtricity to allocate funding of £12,000 for Ardrossan-based requests and £6,000 for applications originating in either Saltcoats and Stevenston. The Committee was advised verbally of a subsequent suggestion by the company that Arran be included in the £6,000 allocation to Saltcoats and Stevenston. Following discussion, however, the Area Committee agreed that a revised Minute of Agreement be drafted to reflect a split of funding of £12,000 to Ardrossan and £6,000 to Saltcoats and Stevenston only.

Page 8 Airtricity has now indicated that it considers the Council to be in breach of its original Agreement, signed in May 2007. The company further advises that it is willing to enter into a fresh Agreement with the Council based on the terms set out in section 3.1 of the report, including funding of £24,000 divided as follows, viz:- £12,000 to Ardrossan, £10,000 to the communities of Saltcoats and Stevenston and £2,000 to the Arran community, with any unspent funds to be advertised and offered to communities within the wider North Ayrshire Area. The company also proposes that the Renewable Energy Community Fund Committee be made up of Members of Wards 4 and 5, plus two representatives from the Renewable Energy industry.

The Council agreed that consideration of an amended Minute of Agreement as proposed by Ardrossan Windfarm (Scotland) Limited be remitted to the Ardrossan and Arran, Saltcoats and Stevenston Area Committee for consideration and determination.

10. Local Review Body: Proposed Timetable of Meetings

Submitted report by the Chief Executive on a proposed timetable of meetings of the Local Review Body (LRB).

On 1 July 2009, the Council agreed to establish a Local Review Body, as required by amendments to the Town and Country Planning (Scotland) Act 1997 brought about by the Planning Etc. (Scotland) Act 2006. Given that the membership of the Local Review Body is the same as that of the Planning Committee, it was suggested that its meetings be held immediately following scheduled meetings of the Planning Committee, with the first meeting of the Local Review Body to be held on 15 September 2009, as set out in the Appendix to the report.

Individual meetings of the LRB would be stood down in the normal way in the event of there being no business to consider, and any Special Meetings which might be required outwith the timetable of scheduled meetings would be arranged in consultation with the Chair, once appointed.

The Council agreed that meetings of the Local Review Body be held immediately following scheduled meetings of the Planning Committee.

11. Planning Etc. (Scotland) Act 2006: Role of North Ayrshire Council as Planning Authority

Submitted report by the Assistant Chief Executive (Legal and Protective) advising that the full Council may be required, on occasion, to act as a Planning Authority and determine planning applications in terms of Section 38A of The Town and Country Planning (Scotland) Act 1997, as introduced by The Planning Etc. (Scotland) Act 2006.

Page 9 Section 38A of the Town and Country Planning (Scotland) Act 1997, as introduced by the 2006 Act, deals with applications for major developments where a pre-determination hearing is required. Section 38A(1) indicates that the purpose of the hearing is to afford parties to an application the opportunity of presenting their issues to the Planning Authority. The terms of Section 38A(2) of the Act mean that the full Council is required to determine such planning applications and not merely its Planning Committee.

The Council agreed that (a) in terms of Section 38A(1) of the Town and Country Planning (Scotland) Act 1997, North Ayrshire Council itself is charged with holding a pre-determination hearing of a planning application; and (b) the full Council shall be the determining authority for planning applications considered in terms of Section 38A(2) of the 1997 Act.

12. Boundary Commission for Scotland: First Periodic Review of Boundaries: Local Inquiry into the Commission's Proposals for Regions

Submitted report by the Chief Executive on the Boundary Commission's intention to hold a Local Inquiry into its provisional proposals for regions.

In view of the representation received in response to the Boundary Commission's provisional proposals for Scottish Parliament Regions, the Commission has concluded that a Local Inquiry is required into certain of its proposals in respect of the regions of East Central Scotland, Highlands and Islands, Lothian, South Scotland, and West Central Scotland (incorporating Cunninghame North and Cunninghame South). The Local Inquiry will be held on 22 and 23 October 2009 at the Parish Halls, 266 George Street, Glasgow.

Noted.

13. Appointments to Outside Bodies

Submitted report by the Chief Executive seeking agreement to fill vacancies arising on Prison Visiting Committees (PVCs).

The Council is required to make appointments to the PVCs of Barlinnie, Greenock and Kilmarnock prisons. Vacancies exist on both the Barlinnie and Kilmarnock PVCs which require to be filled. In respect of Kilmarnock PVC, it is proposed that Mrs Les Anderson be appointed to fill the position. It is further proposed that, if no Elected Member expresses an interest in the position on Barlinnie PVC, the position be advertising on the Council's website.

Page 10 The Council agreed (a) to appoint Mrs Les Anderson to Kilmarnock Prison Visiting Committee; and (b) that the vacancy on Barlinnie PVC be advertising if no Elected Member expresses an interest in the position.

14. A Framework for the Development of Clean Coal: Consultation Document

Submitted report by the Assistant Chief Executive (Legal and Protective) on the Department of Energy and Climate Change's (DECC) proposals relating to the development of a framework for clean coal.

The Department of Energy and Climate Change is developing a framework for moving forward with clean coal. The current UK-wide consultation is presenting the business case for clean coal technology with a view to reducing the carbon emissions from this and other fossil fuels to avert dangerous climate change. DECC wishes to develop ambitions to become a global leader in promoting the development of carbon capture and storage (CCS) and is seeking to establish the most cost effective and environmentally sensitive approach towards CCS demonstration programmes.

Appendix 1 to the report identified those aspects of the consultation which are of relevance to North Ayrshire Council and proposed appropriate responses. The consultation provides an opportunity for the Council to state its views on aspects relevant to North Ayrshire as a Local Authority.

Councillor Bell, seconded by Councillor R. Barr, moved that (a) the report and its appendix form the basis of the Council's response to the DECC consultation, subject to the inclusion of a comment to reflect the Council's view that the economic and environmental objectives of the development of clean coal would be best served by conjoining demonstration projects with established coal fired power stations, to ensure that further new coal power stations could be required to install CCS technology on their full generating capacity from the onset and (b) a copy of the Council's response be forwarded to the Scottish Ministers.

As an amendment, Councillor Currie, seconded by Councillor T. Barr, moved that (a) the report and its appendix form the basis of the Council's response to the DECC consultation; and (b) a copy of the Council's response be forwarded to the Scottish Ministers.

On a division, there voted for the amendment 5 and for the motion 22, and the motion was declared carried.

Page 11 Accordingly, the Council agreed that (a) the report and its appendix form the basis of the Council's response to the DECC consultation, subject to the inclusion of a comment to reflect the Council's view that the economic and environmental objectives of the development of clean coal would be best served by conjoining demonstration projects with established coal fired power stations, to ensure that further new coal power stations could be required to install CCS technology on their full generating capacity from the onset and (b) a copy of the Council's response be forwarded to the Scottish Ministers.

The Meeting ended at 3.20 p.m.

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