Minute Minute
DUMFRIES AND GALLOWAY COUNCIL
Meeting of Thursday 8 March 2012 at 10.30am in St Mary’s-Greyfriars’ Church Hall, St Mary Street, Dumfries
Present
Members Patsy Gilroy (Convener) - Dee Ivor A Hyslop (Leader) - Lochar Graham J Bell - North West Dumfries Ian Blake - Abbey Ted Brown - Annandale North Ian B Carruthers - Annandale South Brian Collins - Castle Douglas and Glenkens Rob Davidson - Abbey Jim Dempster - Mid and Upper Nithsdale Iain W Dick - Stranraer and North Rhins Michael Dickie - Annandale North John Dougan - Stranraer and North Rhins Archie Dryburgh - Annandale East and Eskdale Alistair Geddes - Mid Galloway Allan Graham - Annandale East and Eskdale Roger B Grant - Annandale North Jack Groom - Nith Thomas Jacques - Dee Jeff Leaver - Lochar Ian Lindsay - Annandale East and Eskdale Thomas A McAughtrie - Abbey Sandra McDowall - Mid Galloway Lorna J McGowan - Lochar Gail MacGregor - Annandale North David J McKie - North West Dumfries Jane Maitland - Dee Denis R Male - Annandale East and Eskdale John Martin - Nith Graham Nicol - Mid Galloway Ronnie Nicholson - North West Dumfries Ronnie Ogilvie - Annandale South George N Prentice - Castle Douglas and Glenkens Colin Smyth - Nith Doug Snell - North West Dumfries Davie Stitt - Abbey John Syme - Mid and Upper Nithsdale Minute 8 March 2012 Minute
Roberta Tuckfield - Wigtown West Alastair Witts - Nith Andrew S Wood - Mid and Upper Nithsdale
Apologies Richard J Brodie - Annandale South John A Charteris - Lochar Peter Duncan - Castle Douglas and Glenkens Gill Dykes - Mid and Upper Nithsdale Grahame Forster - Wigtown West Robert J Higgins - Wigtown West Sean W Marshall - Annandale South Willie Scobie - Stranraer and North Rhins
Alex Haswell Director Chief Executive Service
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1. SEDERUNT AND APOLOGIES
39 Members present, 8 apologies
2. DECLARATIONS OF INTEREST
NONE declared
3. MINUTE OF DUMFRIES AND GALLOWAY COUNCIL OF 31 JANUARY 2012 – Patsy Gilroy and Ivor A Hyslop
Decision
APPROVED
4. MINUTE OF DUMFRIES AND GALLOWAY COUNCIL OF 9 FEBRUARY 2012 – Patsy Gilroy and Ivor A Hyslop
Decision
APPROVED
5. MINUTE OF PENSIONS SUB COMMITTEE OF 2 DECEMBER 2011 – Ian B Carruthers and Sandra McDowall
Decision
APPROVED
6. MINUTE OF PENSIONS SUB COMMITTEE OF 24 FEBRUARY 2012 – Sandra McDowall and Patsy Gilroy
Decision
APPROVED
REPORTS
7. DUMFRIES AND GALLOWAY ARMED FORCES COMMUNITY COVENANT – Report by Head of Corporate Support/Change & Improvement
Decision
AGREED
7.1 to endorse the Dumfries and Galloway Armed Forces Community Covenant Partnership;
7.2 to endorse the arrangements for the Community Covenant Grants Scheme Working Group and the process for local applications to the Armed Forces Community Covenant Grant Scheme; and
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7.3 that the Dumfries and Galloway Armed Forces Community Covenant be signed off at this meeting.
PROCEDURE – The Covenant was signed by Lt Col A J Fitzpatrick, as Commanding Officer, 6 SCOTS, on behalf of the Armed Forces Community; Ivor A Hyslop, as Chairman on behalf of Dumfries and Galloway Strategic Partnership; Patsy Gilroy, as Convener on behalf of Dumfries and Galloway Council; and Archie Dryburgh as the Dumfries and Galloway Council Armed Forces’ Champion.
8. THE AUDIT OF BEST VALUE: DUMFRIES AND GALLOWAY FIRE AND RESCUE – Report by Chief Executive and Clerk to the Police and Fire and Rescue Authority
Decision
8.1 AGREED, having considered the seven Accounts Commission’s Findings on the Controller of Audit’s Best Value Audit Report on Dumfries and Galloway Fire and Rescue, the five improvement areas with improvement action proposed as follows:-
8.1.1 Enhanced use of integrated risk management planning; 8.1.2 Elected Members to have sufficient skills to oversee the service including stronger scrutiny and challenge of the service; 8.1.3 Improved quality of and type of performance information; 8.1.4 Ensure there is management capacity to support continuous improvement; 8.1.5 Evaluation of preventative work; and
8.2 NOTED that both the Police and Fire and Rescue Committee (or its successor body) and the Police and Fire and Rescue Service Pathfinder project would be involved in the improvement work.
9. PLANNING APPLICATIONS COMMITTEE REVISED SCHEME OF DELEGATION – 12 MONTH REVIEW – Report by Director Planning and Environment Services
VOTE
9.1 MOTION by PATSY GILROY seconded by IAN B CARRUTHERS that the report be referred to the Planning Applications Committee with the considerations and recommendations from that Committee to come back to Full Council.
9.2 AMENDMENT by ARCHIE DRYBURGH seconded by JEFF LEAVER (1) that the Scheme of Delegation for Planning be revised in accordance with the amendments in the report and in addition that all Members be given authority to request a call-in of any planning application; (2) that a report detailing suggested improvements to the scheme for public speaking be brought forward for consideration by the Planning Applications Committee and that the existing guidance notes for public speaking be updated thereafter; (3) that a report aligning procedures for the Local Review Body and the Planning Applications Committee be the subject of a further report to the Planning Applications Committee; and (4) that officers be requested to prepare guidance notes on the operation of Member call-in requests and Member speaking procedures for consideration by the Planning Applications Committee.
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9.3 On a vote being taken by roll call, Members voted as follows:-
Motion – 10 votes being:- Patsy Gilroy, Ivor A Hyslop, Graham J Bell, Ian Blake, Ian B Carruthers, Michael Dickie, John Dougan, Jack Groom, Denis R Male and Roberta Tuckfield
Amendment - 29 votes being:- Ted Brown, Brian Collins, Rob Davidson, Jim Dempster, Iain W Dick, Archie Dryburgh, Alistair Geddes, Allan Graham, Roger B Grant, Thomas Jacques, Jeff Leaver, Ian Lindsay, Thomas A McAughtrie, Sandra McDowall, Lorna J McGowan, Gail McGregor, David J McKie, Jane Maitland, John Martin, Graham Nicol, Ronnie Nicholson, Ronnie Ogilvie, George N Prentice, Colin Smyth, Doug Snell, Davie Stitt, John Syme, Alastair Witts and Andrew S Wood
Decision
AGREED
9.4 that the Scheme of Delegation for Planning be revised in accordance with the amendments in the report and in addition that all Members be given authority to request a call-in of any planning application (Appendix);
9.5 that a report detailing suggested improvements to the Scheme for Public Speaking be brought forward for consideration by the Planning Applications Committee and that the existing guidance notes for Public Speaking be updated thereafter;
9.6 that a report aligning procedures for the Local Review Body and the Planning Applications Committee be the subject of a further report to the Planning Applications Committee; and
9.7 that officers be requested to prepare guidance notes on the operation of Member call-in requests and Member speaking procedures for consideration by the Planning Applications Committee.
10. PLANNED PREVENTATIVE MAINTENANCE WORKS ON PROPERTY ASSETS - CURRENT PROGRESS IN 2011/12 AND PLANNED WORKLOAD PROGRAMMES IN 2012/13 AND FUTURE YEARS – Report by Director Chief Executive Service
PROCEDURE – Members were advised of typographical errors in the report circulated with the agenda and papers calling the meeting and to disregard that version for the one sent to Members on 6 March 2012, copies of which were distributed at the meeting.
VOTE
10.1 MOTION by IVOR A HYSLOP seconded by PATSY GILROY to agree the draft programme of properties in the Planned Preventative Maintenance for 2012/13 detailed in the Appendix.
10.2 AMENDMENT by ALISTAIR GEDDES seconded by IAIN W DICK that a revised draft programme of properties in the Planned Preventative Maintenance for 5 Minute 8 March 2012 Minute
2012/13 founded on geographical equity, Best Value and property condition be developed and presented to Policy and Resources Committee for agreement.
10.3 On a vote being taken by roll call, Members voted as follows:-
Motion – 13 votes being:- Patsy Gilroy, Ivor A Hyslop, Graham J Bell, Ian B Carruthers, Michael Dickie, John Dougan, Ian Lindsay, Sandra McDowall, Gail MacGregor, Jane Maitland, Denis R Male, George N Prentice and Roberta Tuckfield
Amendment - 26 votes being:- Ian Blake, Ted Brown, Brian Collins, Rob Davidson, Jim Dempster, Iain W Dick, Archie Dryburgh, Alistair Geddes, Allan Graham, Roger B Grant, Jack Groom, Thomas Jacques, Jeff Leaver, Thomas A McAughtrie, Lorna J McGowan, David J McKie, John Martin, Graham Nicol, Ronnie Nicholson, Ronnie Ogilvie, Colin Smyth, Doug Snell, Davie Stitt, John Syme, Alastair Witts and Andrew S Wood
Decision
AGREED
10.4 to withdraw delegation from the Policy and Resources Committee;
10.5 NOTED the progress of the fast tracked works programme for 2011/12 and the anticipated expenditure of £671k which was £16k above the agreed funding allocation for 2011/12 (Priority Action 1);
AGREED
10.6 that a revised draft programme of properties in the Planned Preventative Maintenance for 2012/13 founded on geographical equity, Best Value and property condition be developed and presented to Policy and Resources Committee for agreement;
10.7 that ongoing investment requirements in respect of Planned Preventative Maintenance works beyond 2012/13 be further reviewed as part of the development of the Council’s revenue and capital budget plans for the upcoming period (Priority Action 2-3);
10.8 to fully embrace the Council’s philosophy to achieve "fewer but better assets" within an evidenced sustainable estate (Priority Action 3);
10.9 to recognise the benefits in implementing and continuing an effective and Planned Preventative Maintenance programme, as noted on an annualised basis in the “generic” programme (Priority Action 4);
10.10 the Priority Action Plan; and
10.11 that six monthly progress reports be presented to the Policy and Resources Committee and FURTHER AGREED that progress reporting be built into the Area Committee Performance Reporting cycle.
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11. CORPORATE PARENT RESPONSIBLITIES – Report by Director of Social Work
Decision
AGREED
11.1 to nominate an Elected Member in the new Council from each of the four localities to become Looked After Children’s Champion for their locality; and
11.2 to the Dumfries and Galloway Promise.
12. 2012/13 BUDGET – AGREED POLICY DEVELOPMENT PROPOSALS – Report by Head of Finance and Technology
Decision
12.1 NOTED that additional reports for 10 of the 18 agreed Policy Development proposals would be presented to relevant Committees; and
12.2 AGREED that the allocations for the remaining 8 proposals (totalling £1.104 Million) be added to Service Departments 2012/13 Budgets.
13. REGIONAL EVENTS TO MARK THE DIAMOND JUBILEE OF HER MAJESTY THE QUEEN ELIZABETH DURING 2012 - Report by Director Chief Executive Service
Decision
13.1 NOTED the proposals being taken forward to mark the Diamond Jubilee in Dumfries and Galloway in 2012;
AGREED
13.2 to make budgetary provision of £35k from Service Reserves to underwrite the costs of a programme of regional events including a Jubilee Concert, Garden Party and various other community events; and
13.3 to remit to the Director Chief Executive Service to administer these funds in accordance with the Council’s financial protocols.
14. BOUNDARY COMMISSION FOR SCOTLAND – INITIAL PROPOSALS – SECONDARY CONSULTATION PERIOD – Report by Director Chief Executive Service
Decision
AGREED
14.1 to withdraw delegation from the Policy and Resources Committee;
14.2 to make further representations during the secondary consultation period which runs from 1 March 2012 until 28 March 2012 as follows:- 7 Minute 8 March 2012 Minute
14.2.1 that the Council welcomed the Commission’s acceptance of this Council’s representations on the first consultation period; and
14.2.2 to maintain the representations made in the first consultation period.
15. TREASURY MANAGEMENT STRATEGY STATEMENT AND PRUDENTIAL INDICATORS – Report by Head of Finance and Technology
Decision
AGREED
15.1 having received assurances on adherence to policy, regulations and best value the Prudential Indicators, as the underlying framework to support the Council’s Capital Investment Strategy;
15.2 the Council’s Treasury Management Strategy Statement for 2012/13;
NOTED
15.3 the Treasury Management 2011/12 Mid-Year Review; and
15.4 that both the Prudential Indicators and Treasury Management activities would be subject to continual monitoring and, where appropriate, amendment during the course of the upcoming financial year.
MINUTES
16. MINUTES - The following minutes were submitted for approval:-
16.1 Audit and Risk Management 21 February 2012
Decision
APPROVED
16.2 Licensing Panel 13 December 2011
Decision
APPROVED
21 December 2011
Decision
APPROVED
13 January 2012 (10.30am)
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Decision
APPROVED
13 January 2012 (2.00pm)
Decision
APPROVED
7 February 2012
Decision
APPROVED
16.3 Local Review Body 8 February 2012
Decision
APPROVED
16.4 Planning Applications 14 December 2011
Decision
APPROVED
25 January 2012
Decision
APPROVED
16.5 Planning Housing and Environment Services 14 February 2012
Decision
APPROVED
16.6 Police, Fire and Rescue 24 January 2012
Decision
APPROVED
23 February 2012
Decision 9 Minute 8 March 2012 Minute
APPROVED
16.7 Policy and Resources 21 February 2012
Decision
APPROVED
16.8 Scrutiny and Performance 14 February 2012
Decision
APPROVED
16.9 Social Work Services 26 January 2012
Decision
APPROVED
17. MINUTES - The following minutes were submitted for noting:-
17.1 Audit and Risk Management 5 January 2012
NOTED
17.2 DGFirst Management 9 December 2011
NOTED
17.3 Planning Housing and Environment Services 13 December 2011
NOTED
17.4 Police, Fire and Rescue 5 January 2012
NOTED
17.5 Policy and Resources 6 December 2011
NOTED
17 January 2012
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NOTED
18. AREA COMMITTEE MINUTES - The following minutes were NOTED en bloc:-
18.1 Annandale and Eskdale 16 November 2011 (business) 5 December 2011 (community) 7 December 2011 (business) 18 January 2012 (business)
18.2 Nithsdale 2 November 2011 (business) 29 November 2011(community) 7 December 2011 (business) 12 January 2012 (business)
18.3 Stewartry 19 October 2011 (business) 24 October 2011 (community) 16 November 2011 (business) 21 November 2011(community) 28 November 2011 (community) 21 December 2011 (business) 18 January 2012 (business)
18.4 Wigtown 2 November 2011 (business) 9 November 2011 (community) 1 December 2011 (community) 7 December 2011 (business) 14 December 2011 (community) 12 January 2012 (business) 12 January 2012 (community)
ADJOURNMENT OF MEETING – The meeting adjourned at 1.00pm (to include lunch) and reconvened at 1.15pm with 26 Members present being:-
Patsy Gilroy, Ivor A Hyslop, Ted Brown, Ian B Carruthers, Rob Davidson, Archie Dryburgh, Allan Graham, Roger B Grant, Jack Groom, Thomas Jacques, Ian Lindsay, Thomas A McAughtrie, Sandra McDowall, Lorna J McGowan, Gail MacGregor, David J McKie, Jane Maitland, Denis R Male, Graham Nicol, Ronnie Ogilvie, Colin Smyth, Doug Snell, John Syme, Roberta Tuckfield, Alastair Witts and Andrew S Wood
19. LOCAL GOVERNMENT (SCOTLAND) ACT 1973
Decision
AGREED to adopt a resolution to exclude the public from the meeting in terms of Section 50A(4) of and paragraph 13 of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973
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20. HONORARY FREEMAN OF DUMFRIES AND GALLOWAY – Report by Director Chief Executive Service (paragraph 13)
Decision
NOTED
20.1 the recommendation of the Annandale and Eskdale Area Committee to grant Honorary Freeman status;
20.2 the basis on which persons may be granted Honorary Freeman status to Dumfries and Galloway; and
20.3 AGREED, recognising that all of the criteria agreed by the Council at its meeting on 14 October 2010 had been met, to grant Honorary Freeman of Dumfries and Galloway status to Mr David Stevenson to mark the highly significant contribution which he had made to the business community of Langholm together with his selfless promotion of community activities and to the recognition he had brought to Dumfries and Galloway as a member of the British Olympic Pole Vaulting Team in 1964 and his participation in the Commonwealth Games in 1966.
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APPENDIX
DUMFRIES & GALLOWAY COUNCIL
SCHEME OF DELEGATION TO OFFICERS FOR PLANNING
Part 1: Local Developments
1.In accordance with Section 43(A) of the Town & Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006, Dumfries & Galloway Council as planning authority hereby delegates the power to determine any application for planning permission for a development within the category of local developments as defined in the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 or any application for consent, agreement or approval required by a condition imposed on a grant of planning permission for a development within that category, to the appointed officers nominated by the Director Planning & Environment Services and / or the Head of Planning & Building Standards, subject to the condition that such delegated powers shall not be exercised in the circumstances set out below in para 2 (i) to (vi).
2. Exceptions (i) applications made by the planning authority;
(ii) applications made by or on behalf of a) any Elected Member of the planning authority or b) any officer directly involved in the statutory planning process or c) any immediate relative or partner of either a) or b)1;
(iii) applications relating to land in the ownership of the planning authority or to land in which the planning authority has a financial interest;
(iv) applications which are subject to 6 or more separate, individual and timeously- received objections2 on material planning grounds;
(v) applications which are the subject of objections from any statutory consultee3 and which officers are minded to approve; or
(vi) applications for developments which are significant departures from the development plan4 and which officers are minded to approve.
Part 2 : National and Major Developments and all other Planning Determinations
3. In accordance with Section 56 of the Local Government (Scotland) Act 1973, Dumfries & Galloway Council as planning authority hereby delegates to the Director Planning & Environment Services, Head of Planning & Building Standards, and their appointed officers, the power to take all actions and decisions, make all determinations and Orders and serve, vary or withdraw all notices under Planning, Listed Building and Conservation Area, Hazardous Substances and Advertisement legislation on behalf of the Council, subject to the condition that such delegated powers shall not be exercised in the circumstances set out below in paras 4(i) to 4(ix). 13 Minute 8 March 2012 Minute
4. Exceptions Part 2 of this Scheme does not apply to applications for local developments, as defined in Regulation 2(2) of the Town & Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, which are the subject of Part 1 of this Scheme of Delegation. In addition, it does not apply to:
(i) applications made by the planning authority;
(ii) applications made by or on behalf of a) any Elected Member of the planning authority or b) any officer directly involved in the statutory planning process or c) any immediate relative or partner of either a) or b)1;
(iii) applications relating to land in the ownership of the planning authority or to land in which the planning authority has a financial interest; or
(iv) applications relating to national or major developments as defined in the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009;
(v) applications which are subject to 6 or more separate, individual and timeously- received objections2 on material planning grounds; or
(vi) applications which are the subject of objections from any statutory consultee3 and which officers are minded to approve;
(vii) applications for developments which are significant departures from the development plan4 and which officers are minded to approve.
Furthermore, it does not apply to:
(viii) responses to notifications and consultations on national or major development which does not require the permission of the Council as planning authority (e.g. S36 applications for wind turbines);
(ix) taking direct action to remedy breaches of planning control subsequent to the service of an Enforcement Notice, Stop Notice or other Notice served under Planning, Listed Building and Conservation Area or Advertisement legislation.
Applicable to Parts 1 and 2 above:
5. For the avoidance of doubt, appointed officers shall not be under any obligation to exercise their delegated powers, and shall retain the right to refer any application to Committee for determination, if they consider it appropriate or expedient to do so.
6. If, within 21 days of the publication of the weekly list of new applications, or before the expiry date of any statutory public notification period, whichever is later, an appointed officer receives a request on material planning grounds from any Elected Member for any application within Dumfries & Galloway to be referred to Committee for a decision, the appointed officer shall refer that application to Committee.
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7. Notwithstanding the above exceptions to Parts 1 and 2 of this Scheme of Delegation, appointed officers are hereby delegated to refuse any application where insufficient information has been submitted to enable a properly informed determination to be made.
Footnotes:
1 “Immediate relative” in relation to an Elected Member of the planning authority, or an officer involved in the statutory planning process, means a person who is, at the time of determination of the application, in any of the following relationships to the Elected Member or officer - (a) a spouse or civil partner; (b) a person, not being the spouse or civil partner, living with the Elected Member or officer as husband or wife or in a relationship which has the characteristics of the relationship between civil partners; (c) a parent or child; (d) a person not falling within paragraph (c) above who is accepted by the Elected Member or officer as a child of his family or as his parent; (e) a brother or sister, or a person who was brought up in the same household with the Elected Member or the officer, and who was accepted as a child of the family in which the Elected Member or the officer was a child; (f) a grandparent or grandchild; and includes any person who is the spouse or civil partner of, or a person living as husband or wife or in a relationship which has the characteristics of the relationship between civil partners with, a person falling in (c) to (f) above.
2 Objections – 'Timeously received' means an objection received within 21 days from the date of service of the neighbour notification, or within the statutory response period of any advertisement of the application in question, whichever is the later. Late objections received outwith the applicable period will not be accepted. For the avoidance of doubt, a petition is counted as an individual representation and not as a representation from each signatory.
3 Statutory consultee - a 'statutory consultee' is one defined in Schedule 5 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008, namely the Scottish Environment Protection Agency, Scottish Natural Heritage, the Health and Safety Executive, Scottish Ministers (Trunk Roads, Historic Scotland, and Marine Fish Farming), Community Councils, the Coal Authority, adjoining planning authorities, Network Rail, Theatre Trust, Scottish Water and District Salmon Fishery Boards.
4 Significant Departure from Development Plan - It is a matter for the appointed officer to judge the significance of a departure. Judgement is based on the significance of the departure from the main aims, objectives and policies of the development plan, not on the size or scale of the development.
5 Should there be any change in national legislation for any of the categories above which are also covered by statute (namely those under paragraphs 2 (i - iii) & 4 (i - iii) above), any such change shall be deemed to be simultaneously reflected in the Council’s Scheme of Delegation to Officers for Planning without the need to further Council approval.
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