Public Document Pack Argyll and Bute Council Comhairle Earra Ghaidheal agus Bhoid

Corporate and Legal Services Director: Nigel Stewart

Kilmory, Lochgilphead, PA31 8RT Tel: 01546 602127 Fax: 01546 604444 DX 599700 LOCHGILPHEAD e.mail –[email protected]

19 June 2002

NOTICE OF MEETING

A meeting of ARGYLL & BUTE COUNCIL will be held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on THURSDAY 27 JUNE 2002 at 11:00 AM, which you are requested to attend.

Nigel Stewart Director of Corporate and Legal Services

BUSINESS

1. APOLOGIES FOR ABSENCE

2. DECLARATIONS OF INTEREST (IF ANY)

3. MINUTES Argyll & Bute Council 2 May 2002 (PAGES 1 - 12)

4. MINUTES OF COMMITTEES

(a) Mid Argyll, Kintyre & Islay Area Committee 24 April 2002 (Pages 13 - 18) (b) Bute & Cowal Area Committee 29 April 2002 (Pages 19 - 20) (c) Appeals Committee 1 May 2002 (Pages 21 - 22) (d) Mid Argyll, Kintyre & Islay Area Committee 3 May 2002 (Pages 23 - 30) * (e) Helensburgh & Lomond Area Committee 7 May 2002 (Pages 31 - 50) (f) Bute & Cowal Area Committee 7 May 2002 (Pages 51 - 56) (g) Mid Argyll, Kintyre & Islay Area Committee 8 May 2002 (Pages 57 - 66) (h) Oban, Lorn & The Isles Area Committee 8 May 2002 (Pages 67 - 76) * (i) Strategic Policy Committee (Education) 9 May 2002 (Pages 77 - 78) * (j) Strategic Policy Committee 9 May 2002 (Pages 79 - 86) (k) Bute & Cowal Area Committee 22 May 2002 (Pages 87 - 100) (l) Public Services & Licensing Committee 23 May 2002 (Pages 101 - 104) * (m) Commercial Operations Board 23 May 2002 (Pages 105 - 108) (n) Audit Committee 24 May 2002 (Pages 109 - 112) (o) Mid Argyll, Kintyre & Islay Area Committee 27 May 2002 (Pages 113 - 118) (p) Helensburgh & Lomond Area Committee 30 May 2002 (Pages 119 - 120) * (q) Strategic Policy Committee 30 May 2002 (Pages 121 - 128) (r) Bute & Cowal Area Committee 5 June 2002 (Pages 129 - 134) (s) Mid Argyll, Kintyre & Islay Area Committee 5 June 2002 (Pages 135 - 142) (t) Oban, Lorn & The Isles Area Committee 5 June 2002 (Pages 143 - 152) (u) Helensburgh & Lomond Area Committee 6 June 2002 (Pages 153 - 166)

The above minutes are submitted to the Council for approval of any recommendations on the items which the Committee does not have delegated powers. These items are marked with a *.

5. LOCAL FRAMEWORK RECOGNITION AND PROCEDURE AGREEMENT Appoint Members to Joint Negotiating Committee Report by Director of Education submitted to Strategic Policy Committee (PAGES 167 - 174)

6. VACANCY ON THE AUDIT COMMITTEE Report by Director of Corporate & Legal Services (PAGES 175 - 176)

7. CHIEF OFFICERS SALARY REVIEW Report by Chief Executive (PAGES 177 - 178)

8. MEMBERS ALLOWANCES Report by Director of Corporate & Legal Services (PAGES 179 - 186)

9. RENEWING LOCAL DEMOCRACY Report by Head of Corporate Policy (PAGES 187 - 190)

10. (a) WHAT BUSINESS ARE WE IN? Report by Chief Executive (Pages 191 - 194)

(b) HOW WE DO OUR BUSINESS Report by Chief Executive (Pages 195 - 204)

11. ANNUAL ACCOUNTS 31 MARCH 2002 - UNAUDITED Report by Director of Finance (PAGES 205 - 240)

E1 12. DSO BUSINESS PLAN 2002/2003 Report by Head of Amenity Services (PAGES 241 - 256)

E2 13. ROADS BUSINESS PLAN 2002/2003 AND BEYOND Report by Head of Roads (PAGES 257 - 286)

E3 14. BUILDING SERVICES DLO BUSINESS PLAN Report by Head of Property & Facilities Management (PAGES 287 - 302)

E4 15. CATERING & CLEANING BUSINESS PLAN Report by Head of Property & Facilities Management (PAGES 303 - 314)

E5 16. LEISURE MANAGEMENT BUSINESS PLAN FOR 2002/2003 Report by Head of Economic Development, Tourism & Leisure (PAGES 315 - 320)

E6 17. PURCHASE OF SITE FOR HELENSBURGH DEPOT Report by Director of Development & Environment Services (PAGES 321 - 328)

The Committee will be asked to pass a resolution in terms of Section 50(A)(4) of the Local Government () Act 1973 to exclude the public for items of business with an “E” on the grounds that it is likely to involve the disclosure of exempt information as defined in the appropriate paragraph of Part I of Schedule 7a to the Local Government (Scotland) Act 1973.

The appropriate paragraphs are:-

E1, E2, E3, E4, E5 Paragraph 1 Information relating to a particular employee, former employee or applicant to become an employee of, or a particular office-holder, former office-holder or applicant to become an office-holder under the authority.

Paragraph 9 Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

E6 Paragraph 9 Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

COUNCIL

ALL MEMBERS

Contact: Ruby Campbell Tel 01546 604331

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ARGYLL AND BUTE COUNCIL

MINUTES of MEETING of ARGYLL AND BUTE COUNCIL held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on THURSDAY, 2 MAY 2002

Present: Convener William Petrie (Chair)

Councillor Robin Banks Councillor Duncan MacIntyre Councillor Campbell Cameron Councillor Robert Macintyre Councillor Brian Chennell Councillor Dugie MacKinnon Councillor Paul Coleshill Councillor Gordon McKinven Councillor Douglas Currie Councillor Donnie MacMillan Councillor Robin Currie Councillor James McQueen Councillor John Findlay Councillor Bruce Robertson Councillor George Freeman Councillor Len Scoullar Councillor Alison Hay Councillor John Stirling Councillor Donald Kelly Councillor Isobel Strong Councillor Ronald Kinloch Councillor Eric Thompson Councillor Stanley Latimer Councillor Dick Walsh Councillor Bruce Marshall Councillor David Webster Councillor Ellen Morton Councillor Sheila Wilson Councillor Allan Macaskill Councillor Alistair MacDougall

Apologies: Councillor Alasdair Blair Councillor Ian Gillies Councillor Alastair McKinlay Councillor Moyra Stewart

Attending: James McLellan, Chief Executive Nigel Stewart, Director of Corporate & Legal Services Stewart McGregor, Director of Finance George Harper, Director of Development & Environment Services Andy Law, Head of Amenity Services Judy Orr, Head of Revenues

The Convener introduced to the Council Mrs Catriona Stuart of Corporate & Legal Services who was retiring having completed 42 years of service as a Registrar of Births, Deaths and Marriages in Oban. The Convener thanked her for her outstanding service and presented her with a commemorative gift. The Leader of the Alliance also presented her with a bouquet of flowers.

The Convener announced that Deputy Lord Kenneth MacKinnon had been appointed by the Queen to be Lord Lieutenant of Argyll and Bute and the Council agreed that the Convener should write to him to offer the Council’s congratulations.

The Chairman also informed Members that Councillor Alastair McKinlay was making good progress.

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The Convener ruled, and the Council agreed, that the business as dealt with at item 13 of this minute be dealt with as a matter of urgency by reason of the need to advise Members of proposed amendments to the programme of meetings for the Strategic Policy Committee.

The Convener ruled, and the Council agreed, that the business as dealt with at item 7 of this minute be dealt with as a matter of urgency by reason of the need to nominate Members for appointment to the Loch Lomond and the Trossachs National Park Authority, by the date specified by Scottish Ministers.

1. DECLARATIONS OF INTEREST

Councillors Petrie and MacKinnon declared an interest in the business dealt with at item 12 of this minute, left the room and took no part in the discussion on this item.

2. NOTICE OF MOTION UNDER STANDING ORDER 14

The Director of Corporate & Legal Services advised that in terms of Standing Order 14 the following Notice of Motion by Councillor Kinloch, seconded by Councillor Stirling had been received for consideration as a matter of urgency at this meeting:-

“That the Council agrees to instruct the Director of Corporate & Legal Services to submit an offer for the purchase of the former home of John Logie Baird in Helensburgh by the closing date for offers of 3 May 2002, the said offer to be submitted after consultation with independent valuation professionals as to the level of the offer, with the costs thereof being financed from receipts ringfenced by title condition for the benefit of the Helensburgh Area and slippage in the Council’s Capital Programme up to a value of £25,000.”

The Convener ruled that he considered that the Motion was urgent by reason of the need to submit an offer by the closing date of 3 May 2002. The Council agreed to consider the Motion and this is dealt with at item 14 of these minutes.

The Director of Corporate & Legal Services tabled a report which provided additional information for Members in their consideration of the Notice of Motion.

3. MINUTES

The Council approved the minutes of the Council Meeting of 21 March 2002 as a correct record.

4. MINUTES OF COMMITTEES

The Council considered the following minutes. They approved the recommendations of those Committees subject to what is shown below:-

1. Helensburgh & Lomond Area Committee 5 March 2002 2. Bute & Cowal Area Committee 5 March 2002 3. Oban, Lorn & The Isles Area Committee 6 March 2002 4. Mid Argyll, Kintyre & Islay Area Committee 6 March 2002 5. Commercial Operations Board 18 March 2002

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Arising from item 2 (Building Services Financial Monitoring) the Head of Amenity Services provided a brief update on the DLO overspend of approximately £80,000 but advised that the final figures had yet to be finalised.

6. Special Insurances Sub-Committee 18 March 2002 7. Special Insurances Sub-Committee 27 March 2002 8. Strategic Policy Committee (Education) 27 March 2002 9. Strategic Policy Committee 27 March 2002

Arising from item 3 (Housing, Social & Health Issues) the Council agreed, in terms of Section 56 and 57 of the Local Government (Scotland) Act 1973, to approve participation of the Council as Members of the Argyll, Bute & Dunbartonshire Criminal Justice Social Work Partnership Joint Committee on the basis of the draft Minute of Agreement and accordingly to delegate to the Joint Committee the Council’s functions with regard to the provision and management of services set out in the Agreement.

Arising from item 4 (Implementation of the Community Care (Direct Payments) Act 1996 and Community Care and Health (Scotland) Bill) the Council agreed to amend Section III, 3, F, of the Scheme of Administration & Delegations by adding a new paragraph 34 as follows:-

To authorise the Director of Housing & Social Work to make direct payments in terms of the Community Care (Direct Payments) Act 1996 and the Community Care & Health (Scotland) Bill once it becomes law to service users who meet the eligibility criteria to purchase their own services.

Arising from item 11 (Treasury Management Code of Practice)

Motion

That the Council approve the recommendations of the Strategic Policy Committee as follows:-

1. The revised Code of Practice on Treasury Management be adopted.

2. The following text be incorporated in the Financial & Security Regulations at paragraph 16.3

“The Council will receive reports on its Treasury Management Policies, Practices and Activities, including, as a minimum, an annual strategy and plan in advance of the year, and an annual report after its close, in the form prescribed in its Treasury Management Practices.

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This Council delegates responsibility for the implementation and monitoring of its Treasury Management Policies and Practices to the Strategic Policy Committee and for the execution and administration of Treasury Management decisions to the Director of Finance, who will act in accordance with the Council’s Policy Statement and Treasury Management Practices and CIPFA’s Standard of Professional Practice on Treasury Management.”

3. The Director of Finance be delegated to implement the 12 Treasury Management Practices.

Moved by Councillor Macaskill, seconded by Councillor Banks.

Amendment

That the Council approve the recommendation of the Strategic Policy Committee subject to the deletion of words in the second paragraph of recommendation 2 “for the implementation and monitoring of its Treasury Management Policies and Practices to the Strategic Policy Committee and”

Moved by Councillor Hay, seconded by Councillor Coleshill.

Decision

The Motion was carried by 17 votes to 14 and the Council resolved accordingly.

Arising from item 14 (Treasury Management Policy) the Council approved the proposed Treasury Management Policy as recommended by the Strategic Policy Committee.

10. Helensburgh & Lomond Area Committee 2 April 2002 11. Bute & Cowal Area Committee 2 April 2002

Councillor Chennell advised that he had declared an interest in item 7 (a) of the above minute and not 6 as indicated.

12. Oban, Lorn & The Isles Area Committee 2002 3 April 2002 13. Mid Argyll, Kintyre & Islay Area Committee 3 April 2002 14. Public Services & Licensing Committee 10 April 2002 15. Strategic Policy Committee 18 April 2002.

Arising from item 4 (Standing Orders Amendment: Objecting to Licensing Applications) the Council agreed to amend the Scheme of Administration & Delegations under the delegations to the Director of Finance, by adding a new paragraph 13 to give the Director of Finance the power:-

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“To lodge and maintain objections on behalf of the Council to applications for and related to licences under the Gaming Act 1968, the Lotteries and Amusement Act 1976, the Licensing (Scotland) Act 1976, the Civic Government (Scotland) Act 1982 and any amending or related statutes, where the applicant has outstanding financial liabilities to the Council.”

Arising from item 6 (European Transition Funding for Waste Management)

Motion

That the Council remit consideration of the non-committed funding to the Strategic Policy Committee with full powers to determine the utilisation of this funding.

Moved by Councillor Macaskill, seconded by Councillor Walsh.

Amendment

That the Council approve the recommendation by the Strategic Policy Committee as follows:-

“To recommend to the Council that the allocation of the non-committed funding be made available on the basis originally outlined in the report of 7 March 2002, ie each Area Committee having a total available spend over the next 3 years of £238,363.”

Moved by Councillor Hay, seconded by Councillor Stirling.

The requisite number of Members required the vote to be taken by calling the roll, and Members voted as follows:-

Motion Amendment

Councillor Banks Councillor Cameron Councillor Chennell Councillor Coleshill Councillor Findlay Councillor D Currie Councillor Freeman Councillor R Currie Councillor Kinloch Councillor Hay Councillor Latimer Councillor Kelly Councillor Macaskill Councillor Morton Councillor MacDougall Councillor R Macintyre Councillor D MacIntyre Councillor Marshall Councillor MacKinnon Councillor Scoullar Councillor McKinven Councillor Stirling Councillor MacMillan Councillor Strong Councillor McQueen Councillor Thompson Councillor Petrie Councillor Wilson Councillor Robertson Councillor Walsh Councillor Webster

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Decision

The Motion was carried by 17 votes to 14 and the Council resolved accordingly.

Arising from item 11 (Oban, Lorn & The Isles Area Strategy) the Council noted the Oban, Lorn & The Isles Area Strategy.

Arising from item 20 (Housing And Property Term Maintenance Contracts) the Council agreed to amend the existing Contract Standing Orders as follows:-

12.1 (c) on second line between the words “Direct Service Organisation” and “or other”, insert the following, “Direct Labour Organisations” and;

Add new 12.1(j) as follows:-

12.1(j) where, in order to secure Best Value, the relevant Director considers it in the best interests of the Council to negotiate and conclude a contract with such existing contractors carrying out Housing & Property term maintenance work as the relevant Director may deem appropriate.

16. Standards Committee 25 April 2002.

Arising from item 3 (Ethical Standards in Public Life: Standards Commission For Scotland: Councillors Code of Conduct) the Council agreed –

1. That an in-house seminar be arranged for 20 June 2002 for all Argyll & Bute Councillors to raise awareness about –

- The role and work of the Standards Commission and the Chief Investigating Officer, - The provisions of the New Code for Councillors

2. That the Council respond positively to the offer from the Convener of the Standards Commission for representatives of the Commission to come to Argyll & Bute on 20 June 2002 to discuss, amongst other things:-

- The Commission’s relationship with Local Authorities and future liaison and consultation arrangements - Issues where guidance from the Commission would be appropriate, for example in relation to the registration and declarations of interest in different circumstances.

5. HUMAN RESOURCES BEST VALUE REVIEW

There was a presentation by Andy Law, Head of Amenity Services with regard to the Human Resources Best Value Review.

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6. ARGYLL AND BUTE BIODIVERSITY PARTNERSHIP – VACANCY

Councillor Banks had intimated his intention to resign from the Argyll & Bute Biodiversity Partnership and as a result there was one vacancy on this partnership.

Nominations

Councillor Latimer was nominated to serve on the Partnership by Councillor Macaskill, seconded by Councillor Banks.

Councillor Cameron was nominated to serve on the Partnership by Councillor Hay, seconded by Councillor Coleshill.

On a show of hands vote, Members voted as follows:-

Councillor Latimer – 17 votes Councillor Cameron – 13 votes

Decision

Councillor Latimer was appointed to fill the vacancy on the Argyll & Bute Biodiversity Partnership.

(Ref: Report by Director of Corporate & Legal Services dated 19 April 2002, submitted).

7. LOCH LOMOND AND THE TROSSACHS NATIONAL PARK AUTHORITY BOARD – NOMINATIONS

The Designation Order for the Loch Lomond and the Trossachs National Park made provision for 3 Members of the Loch Lomond & The Trossachs National Park Authority to be appointed by the Scottish Ministers from nominations submitted by Argyll & Bute Council. The Scottish Executive had written to the Chief Executive asking for nominations from the Council to be considered by the Scottish Ministers for appointment to the National Park Authority.

Decision

It was unanimously agreed to nominate three Members only.

Motion

That the Council proceed to name the nominated Members.

Moved by Councillor Macaskill, seconded by Councillor Banks.

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Amendment

That the nominated Members be one from the Non-aligned Group, one from the Alliance and one from the Conservative Group to be nominated by these Groups.

Moved by Councillor Hay, seconded by Councillor Cameron.

Decision

The Motion was carried by 15 votes to 14 and the Council resolved accordingly.

Nominations

Councillors Petrie, Freeman and Marshall were nominated to serve on the Board by Councillor Macaskill, seconded by Councillor Banks.

Councillor Morton was nominated to serve on the Board by Councillor Hay, seconded by Councillor Cameron.

The number of candidates exceeded the number of vacancies and in terms of Standing Order 11.5 Members voted as follows:-

Councillor Petrie – 18 votes Councillor Freeman – 18 votes Councillor Marshall – 22 votes Councillor Morton 13 votes

Decision

That Councillors Petrie, Freeman and Marshall be nominated for appointment to the Loch Lomond and The Trossachs National Park Authority for the period July 2002 – July 2004.

(Ref: Letter from the Scottish Executive dated 30 April 2002, tabled).

The Convener adjourned the meeting at 1.10.p.m. and re-convened at 2.00.p.m. when Councillors Coleshill, Morton and Thompson were no longer present.

8. PRESENTATION BY SIR NEIL McCORMICK, MEP

Sir Neil McCormick gave a presentation on why Europe matters to Argyll & Bute and highlighted what in his view were the most pressing current issues which included; Ferries, Islands, Depopulation, Tourism and Industry and the Environment. Members then asked questions. The Convener thanked Sir Neil for his interesting and informative presentation and for the way he positively answered questions by Members. He was then presented with a commemorative quaich by the Convener.

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9. LEISURE SERVICES MARKET ANALYSIS AND OPTION APPRAISAL

A Best Value Review of Leisure Facilities recently undertaken by KPMG was considered together with recommendations by the Director of Development & Environment Services on various courses of action to improve leisure facilities.

Decision

Agreed to note the terms of the report and to set up a Policy Development Group comprising seven Members, four from the Non-Aligned Group being Councillors Macaskill, Banks, Walsh and Freeman to be chaired by the Leader of the Council and three from the other groups being Councillors Morton, Kelly and Scoullar to consider the issues arising from the KPMG review and make recommendations to the Strategic Policy Committee.

(Ref: Report by Director of Development & Environment Services dated 18 April 2002 and Best Value Leisure Review by KPMG, submitted)

10. CAMPBELTOWN COMMUNITY PROJECT/BURNET PROJECT

The Mid Argyll, Kintyre & Islay Area Committee had considered at its meeting on 3 April 2002 reports on

- the Campbeltown Community Project - the Burnet Museum Project, Campbeltown

The recommendations contained within the reports were agreed by the Area Committee and were referred to the Council for consideration.

Decision

Agreed that:-

1. The recommendations contained within the Campbeltown Community Project and Burnet Project Reports be noted.

2. The Consultants for the Campbeltown Community Project be contracted to proceed with the project and that a further report be submitted at the end of Stage E of the process. The cost of taking the project to Stage E in professional fees is £191,800.

3. That the Policy Development Group established in terms of item 9 of this minute have included within their remit to progress the funding package for the programme and to report back to the Strategic Policy Committee with recommendations.

4. A funding application be re-submitted to Historic Scotland in respect of the Burnet Project.

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(Ref: Report by Director of Development & Environment Services dated 2 May 2002 and Extracts and Reports considered by the Mid Argyll, Kintyre & Islay Area Committee on Campbeltown Community Project and Burnet Project, submitted).

11. VICTORIA HALLS – HELENSBURGH

The Council considered a report on the condition of the Victoria Halls, Helensburgh and a way forward to prevent any further deterioration of the Hall by re-considering priorities within the Capital Programme.

Decision

Agreed that:-

1. £159,000 of the allocated sum in 2004/05 and later years of the Capital Programme in respect of Victoria Halls, Helensburgh be advanced to the current financial year.

2. £159,000 allocated in the current financial year to the Campbeltown Museum Project be re-prioritised to financial year 2004/05 and later years.

3. £20,000 allocated in the current Capital Programme for the Victoria Hall, Helensburgh be allocated to the overall repair cost.

(Ref: Report by Director of Development & Environment Services dated 17 April 2002, submitted).

12. COUNCIL TAX ON SECOND HOMES AND LONG TERM EMPTY HOMES

Councillors Petrie and MacKinnon having previously declared an interest in this item, left the room and took no part in the discussion. Councillor Macaskill was appointed to take the Chair in the Convener and Vice-Convener's absence for this item of business.

Highland Council had been pressing the Scottish Executive to amend the legislation to remove the 50% discount on second homes and long term empty homes.

Decision

Agreed that the Leader of the Council write to the Scottish Executive to amend Council Tax legislation to remove the 50% discount currently enjoyed by second homes and long-term empty homes.

(Ref: Report by Director of Finance dated 8 March 2002 and Extract of the Strategic Policy Committee of 27 March 2002, submitted).

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13. PROGRAMME OF MEETINGS FOR STRATEGIC POLICY COMMITTEE

The Council considered an amended programme of meetings for the Strategic Policy Committee which took into account the summer and christmas holidays and spread the Strategic Policy Committee into a four weekly cycle during those periods.

Decision

Agreed to the amended dates for meetings of the Strategic Policy Committee as detailed in the report by the Director of Corporate & Legal Services.

(Ref: Report by Director of Corporate & Legal Services dated 1 May 2002, tabled)

The Committee resolved in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, to exclude the public for the following item of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraph 8 respectively of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

14. JOHN LOGIE BAIRD, HELENSBURGH – NOTICE OF MOTION UNDER STANDING ORDER 14

In terms of Standing Order 14 the following Notice of Motion had been received for consideration at this meeting.

Motion

“That the Council agrees to instruct the Director of Corporate & Legal Services to submit an offer for the purchase of the former home of John Logie Baird in Helensburgh by the closing date for offers of 3 May 2002, the said offer to be submitted after consultation with independent valuation professionals as to the level of the offer, with the costs thereof being financed from receipts ringfenced by title condition for the benefit of the Helensburgh Area and slippage in the Council’s Capital Programme up to a value of £25,000”

Moved by Councillor Kinloch, seconded by Councillor Stirling.

Decision

Agreed to the terms of the Motion but that there be no commitment by the Council to any further revenue costs.

(Ref: Notice of Motion and Report by the Director of Corporate & Legal Services dated 30 April 2002, tabled).

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ARGYLL AND BUTE COUNCIL MINUTE of MEETING OF AREA COMMITTEE FOR MID ARGYLL, KINTYRE AND ISLAY held in the COUNCIL CHAMBERS, KILMORY on WEDNESDAY 24 APRIL 2002 at 10.00 a.m.

Present: Councillor Donnie MacMillan (Chair)

Councillor Alison Hay Councillor Robin Currie Councillor Dugie McKinnon Councillor Alasdair Blair Councillor Bruce Robertson Councillor Donald Kelly Councillor John Findlay

Attending: Deirdre Forsyth, Area Corporate Services Manager Ian Fawcett, Area Amenity Services Manager Jolan Gergely, Area Housing Manager Angus Smith, Area Social Work Manager Donnie McLeod, Area Manager, Transportation and Property Services Felicity Kelly, Community Education Willie Luke, Area Property Manager Willie Young, Principal Leisure Officer Jane Fowler, European Officer, Business Development Unit Sergeant Reid, Strathclyde Police Nigel Stewart, Director of Corporate and Legal Services [Item 5 only] Peter Cupples, Accounting Services Manager, Finance [Item 5 only] Alastair Gow, Director of Transportation & Property Services [Item 8 only] Alan McDonald, Head of Commercial Services [Item 8 only]

1. APOLOGIES

Apologies were received from Councillor McKinlay.

2. DECLARATIONS OF INTEREST

Councillor Currie declared a pecuniary interest in the item relating to the Colonsay Crofting Scheme and took no part in the discussion of this item.

Councillor Currie declared an interest in the item relating to Port Charlotte Playing Fields under National Code 12b.

Councillor Currie declared an interest in the item relating to Islay Development Company under national Code 12c.

Councillor Findlay declared an interest in the item relating to Islay Development Company as a Board member.

Councillors MacMillan, Hay and Robertson all declared an interest in Mid Argyll Sports Trust. In respect of this item Councillor Findlay took the Chair.

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3. MINUTES OF MEETING OF 3 APRIL 2002

The Committee agreed the minutes of their meeting of 3 April 2002 as a correct record.

As arising from item 10.4 Councillor Blair asked that if the Victoria Hall in Campbeltown was declared surplus to requirements would there be a hall in the new Campbeltown Facility to take its place and Willie Young advised that there would be.

Councillor Currie asked that on the Area Plan at item 7 on the geographical priority that Islay Gaelic College be changed to its correct name, Islay Gaelic Centre, and the total cost of the project be changed to £2 million.

4. CAPITAL AND REVENUE EXPENDITURE 2002/2003 AND LEADER + DISCUSSION RE CRITERIA

An outline of the Leader + was given by Jane Fowler. Leader + is a £1.0 million European Programme for community based projects in Argyll, the Islands and which will run from summer 2002 until December 2006. The Economic Tourism and Leisure Unit of the Council will operate the programme from its Rothesay office, with decisions made on applications by a partnership Local Action Group. This programme will provide grants of up to 50% for community based projects which support the themes of ‘Improving the Quality of Life in Rural Areas’ and ‘Marketing the Best Use of the Natural Environment’. The fund will provide an opportunity to ‘double up’ some of the funds to be allocated by Area Committees in the forthcoming year.

Decision

To note the terms of the report.

(Reference – Report by Director of Development and Environment Services dated 22 March 2002)

5. CAPITAL AND REVENUE PROJECTS – AREA BUDGET

Motion

Prior to discussion of these items, Councillor Blair, seconded by Councillor Hay moved that consideration of the Revenue and Capital Proposals be continued to a special meeting of the Committee for further information and consideration including whether the capital projects meet the Capital Expenditure Rules.

Amendment

Councillor MacMillan seconded by Councillor Findlay moved that prior to continuing consideration of the Revenue and Capital items to a special meeting, the officers should present their reports and Members should be able to ask questions for clarification although no discussion on the amounts of grants should take place today.

Councillors Blair and Hay agreed to the amendment, and this was unanimously approved.

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Capital and Revenue Projects

Each of the items in the agenda were discussed and consideration of all of them was continued to Friday 3 May 2002 at 10.00 a.m. in the Members Room for decisions to be taken, when further information would be available and the capital expenditure rules in relation to each project, clarified.

Roads Projects

There was a lengthy discussion about the way forward for funding for roads projects.

Decision

That a report on the capital and revenue programmes of work including Walking, Cycling and Safer Routes should be presented to the special meeting on 3 May 2002 so that decisions about additional funding for roads could be made with full knowledge of all the options.

6. GRANT APPLICATIONS

6.1 Education Grants

A report was submitted by Director of Education dated 24 April 2002 describing applications which had been received for grants.

The following grants were agreed on the normal terms and conditions.

ORGANISATION GRANT 1. Kintyre Youth Enquiry Service £5,500 2. Dalintober/Millknowe Flat £2,500 3. Special Educational Needs Parents £900 Support Group Playscheme Activities 4. Campbeltown Brass £850 Dalintober/Millknowe Playscheme £1,092 5. 6. Individual Grant – Catriona Cunningham £200 7. Drumlemble Primary School/Drama £3,500 Finals

TOTAL £14,542

(Reference – Report by Director of Education dated 24 April 2002)

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6.2 Leisure Development

A report was submitted by Director of Development and Environment Services dated 24 April 2002 describing applications which had been received for grants.

The following grants were agreed on the normal terms and conditions.

ORGANISATION GRANT 1. Tarbert Seafood £1,000 2. Tarbert Junior Gaelic Choir £1,000 3. Tarbert Music Festival £1,500 4. Dalriada Revival £5,000 5. Islay Wildlife Trust Nil 6. Feis Ile £910 7. SCDA Kintyre £200 8. KAT Exhibition £750 9. KAT Seasonal Nil 10. Mull of Kintyre Festival £2,500 11. Kintyre Music Club £500 12. Campbeltown Brass £1,500 TOTAL £14,860

(Reference – Report by Director of Development and Environment Services)

6.3 Social Welfare

A report was submitted by Director of Housing and Social Work Services dated 24 April 2002 describing an application which had been received. The grant was agreed on the normal terms and conditions.

ORGANISATION GRANT Dalintober/Millknowe Flat £2,500 TOTAL £2,500

CORPORATE AND LEGAL SERVICES

7. Sir William McKinnon Statue

The removal of Sir William McKinnon Statue from the former Keil School ground to Campbeltown was previously discussed by the Area Committee in July 2000, and the Rotary Club in Campbeltown are now pursuing funding to see if the Statue could be brought to Campbeltown.

Decision

The Committee agreed that, subject to planning permission being obtained, approval be given in principle to the erection of the Sir William McKinnon Statue in Campbeltown on a site to be agreed.

(Reference – Report by Area Corporate Services Manager dated 24 April 2002)

Page 17

8. TRANSPORTATION AND PROPERTY SERVICES/ DEVELOPMENT AND ENVIRONMENT SERVICES

8.1 Joint Working – Colonsay, Jura and Gigha

Alan McDonald presented a paper on joint working on the islands. Ian Fawcett explained what his service requirements were and how they could be achieved.

Decision

1. In respect of Gigha, Jura and Colonsay for Roads requirements, twice per year a squad would be sent to the islands to carry out extensive drainage, patching and other works. This would comprise a full squad capable of carrying out essential repairs efficiently and safely. These squads would be sent to the islands in the spring and the autumn. Contact will be made with Environmental Services and Property Services to check whether any outstanding works can be carried out on each visit. Contact would be established with representatives of the Community Councils to ensure improved reporting of faults to allow additional visits to the main Spring and Autumn “blitzes” should this become necessary.

2. In respect of Jura, visits will continue to be made as and when required using the team from Islay.

3. In respect of Amenity Services on Gigha, it was noted that grass cutting is carried out by a local person following the tendering process.

4. In respect of Amenity Services on Jura, Ian Fawcett will obtain prices and after consultation with Roads and Education will report back to the Committee. It is important that there should be no diminution in service, and the Committee must be informed of all the consequences if the tender option is followed.

5. In respect of Colonsay, there will be no change to the existing system of the Roads employee also carrying out Amenity Services work, but decision 1. may also apply.

6. To report back to the November meeting on the outcome of the foregoing processes.

Page 18 Page 19 Agenda Item 4b

ARGYLL AND BUTE COUNCIL

MINUTES of MEETING of BUTE AND COWAL AREA COMMITTEE held in the QUEEN’S HALL, DUNOON on 29 APRIL 2002

Present: Councillor Dick Walsh (Chair)

Councillor James McQueen (Vice-Chair) Councillor Brian Chennell Councillor Isobel Strong Councillor Robert Macintyre Councillor Douglas Currie Councillor Gordon McKinven

Attending: George McKenzie, Area Corporate Services Manager Susan Mair, Head of Legal Services Alan Lothian, Area Manager, Transportation & Property Services Terry Markwick, Amenity Services Manager

1. APOLOGIES

Apologies for absence were intimated on behalf of Councillor Len Scoullar and Councillor Bruce Marshall.

2. DECLARATIONS OF INTEREST

Councillors MacIntyre and McKinven declared an interest in item 3 in relation to the proposed Orange Order Parade – Dunoon – Saturday 6 July 2002, left the room and took no part in the discussion of this item.

3. PROPOSED ORANGE ORDER PARADE – DUNOON – SATURDAY 6 JULY 2002

The Chairman intimated that the County Grand Lodge of Ayrshire, Renfrewshire and Argyll has notified Argyll and Bute Council in terms of Section 62 of the Civic Government (Scotland) Act 1982 that it intends to hold its Annual Boyne Celebration Parade in Dunoon on 6 July 2002. He advised that a petition carrying 379 signatures had been received in opposition to the procession but that by law there is a presumption that the procession is entitled to take place unless there are very good grounds that it should not.

Decision

That the Committee adopt recommendation 2.2 of the report, which states that a meeting of the Area Committee should be held at which the organisers, Strathclyde Police, Transportation & Property Services and those who have made written representations (if they wish) would have the opportunity of being heard, prior to the Committee determining whether or not it is appropriate for the Council to make any Order in terms of the Act.

(Ref: Report by Director of Corporate & Legal Services dated 11 March 2002, submitted).

Page 20

4. NOTICE OF MOTION UNDER STANDING ORDER 14 CALEDONIAN MacBRAYNE – DUNOON/GOUROCK FERRY SERVICE

The Chairman advised that in terms of Standing Order 14 the following Notice of Motion by Councillor T.B. Marshall, seconded by Councillor B. Chennell had been received for consideration as a matter of urgency at this meeting.

Motion

“This Committee deplores the decision taken by Caledonian MacBrayne on Thursday 18 April to curtail peak time vehicular sailings too Dunoon with effect from October 2002 and agree to condemn Caledonian MacBrayne for breaking their word. After categorically assuring Bute and Cowal Councillors at a meeting in the Queen’s Hall on 5 March 2002 that there would be no discontinuation of service to Dunoon”

Amendment

“Bute and Cowal Area Committee notes with concern the decision taken by Caledonian MacBrayne on Thursday 18 April 2002, Bute and Cowal Area Committee welcome the decision that the people of Bute will have a 45 minute interval car ferry service from 6.30.a.m. until 7.45.p.m. daily, winter and summer.

However, Bute and Cowal Area Committee rejects the proposal to replace sailings on the Gourock-Dunoon run with a passenger only vessel. While recognising that these proposals are made under constraints placed upon Caledonian MacBrayne by the Scottish Executive”.

Moved by Councillor Macintyre, seconded by Councillor Strong.

Decision

The Motion was carried by 4 votes to 2 and the Committee resolved accordingly.

B&C AREA 29 APRIL

Page 21 Agenda Item 4c

ARGYLL AND BUTE COUNCIL

MINUTES of APPEALS COMMITTEE held on WEDNESDAY, 1 MAY 2002

Present: Councillor John Stirling (Chair)

Councillor Gordon McKinven Councillor Alison Hay Councillor James McQueen Councillor John Findlay

Attending: Charles Reppke, Head of Democratic & Community Services Danny Longwill, Head of Personnel Services Alan MacDonald, Head of Roads Services Alan Brough, Transportation & Property Services Alistair MacKenzie, Transportation & Property Services The Appellant Davie Stark, Transport & General Workers Union Jim Courtney, Transport & General Workers Union

The Committee resolved in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, to exclude the public for the following item of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraph 1, Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

1. APPEAL AGAINST DISMISSAL

There was submitted statement by the employer and evidence was led on behalf of the employer and the employee.

Decision

That the grounds of the Appeal had not been substantiated and the Appeal be therefore not upheld.

Appeals 1 May js

Page 22 Page 23 Agenda Item 4d

ARGYLL AND BUTE COUNCIL MINUTE of MEETING OF AREA COMMITTEE FOR MID ARGYLL, KINTYRE AND ISLAY held in the MEMBERS ROOM, KILMORY on FRIDAY 3 MAY 2002

Present: Councillor Donnie MacMillan (Chair)

Councillor Alison Hay Councillor Robin Currie Councillor John Findlay Councillor Alasdair Blair Councillor Dugie McKinnon Councillor Donald Kelly Councillor Bruce Robertson

Attending: Deirdre Forsyth, Area Corporate Services Manager Donnie McLeod, Area Manager, Transportation and Property Services Felicity Kelly, Community Education Kevin Williams, Economic Development and Tourism Manager Willie Young, Principal Leisure Resources Officer Tony Lambert, Grounds Maintenance Area Manager

1. APOLOGIES

Apologies were received from Councillor McKinlay

2. DECLARATIONS OF INTEREST

Councillor Currie declared a pecuniary interest in the item relating to the Colonsay Crofting Scheme and took no part in the discussion of this item.

Councillor Currie declared an interest in the item relating to Port Charlotte Playing Fields under National Code 12b.

Councillor Currie declared an interest in the item relating to Islay Development Company under national Code 12c.

Councillor Findlay declared an interest in the item relating to Islay Development Company as a Board member.

Councillors MacMillan, Hay and Robertson all declared an interest in Mid Argyll Sports Trust. In respect of this item Councillor Findlay took the Chair.

3. MINUTES OF MEETING OF 24 April 2002

The Committee agreed the minutes of their meeting of 24 April 2002 as a correct record.

4. CAPITAL AND REVENUE BUDGET

Reports in respect of requests from Capital and Revenue funding were considered. Advice from Bruce West, Head of Accounting, was discussed and accepted.

Page 1 Page 24

Kilkerran Cemetery

In respect of the application for Kilkerran Cemetery, Councillor Hay seconded by Councillor Kelly moved that £2,500 be allocated for this purpose.

As an amendment Councillor MacMillan, seconded by Councillor Findlay moved that £6,500 be allocated.

There voted 4 for the motion and 4 for the amendment. The Chairman gave his casting vote for the amendment.

Decision

To make a grant of £6,500 for Kilkerran Cemetery.

Ferry Marketing

In respect of the request for assistance towards the marketing of the Irish Ferry, Councillor McMillan, seconded by Councillor Findlay moved that a grant of £2,000 be made for this purpose to be administered by CAKE.

As an amendment, Councillor Currie, seconded by Councillor Hay moved that no grant be made.

There voted 4 for the motion and 4 for the amendment. The Chairman gave his casting vote for the motion.

Decision

To make a grant of £2,000 to be administered by CAKE for local marketing of the Irish Ferry.

Decision

1. The Committee agreed to make grants as detailed in Appendix I and Appendix II.

2. It was agreed that the sum of £26,612 would be treated as a supplement to the existing Capital programme for Business Development Grants with the requirement that the following grants are awarded out of the overall total available for business development:-

Colonsay Croft Entrant Scheme £4,000 Mid Argyll Sports trust £5,000 Islay Development Company £10,000 Tarbert Scottish Series £7,612

3. It was agreed that the sum of £15,000 for Bowmore and Port Charlotte Playing Fields would be treated as one project for the upgrading of playing fields on Islay.

Page 2 Page 25

4. It was agreed that the sum of £2,020 would be treated as a supplement to the existing Capital programme for Inveraray Marriage Room.

5. It was agreed that the sum of £9,000 would be treated as footpath upgrades and added to the Roads Capital Programme for the following projects:-

High Bank Park footpath lighting £2,000 Footpath at Port Ellen Primary School £1,000 Footpath from Fernoch to Achnabreck £2,000 Cemetery Kilmartin footpath £4,000

6. It was agreed that the sum of £9,000 would be added to the Leisure Development grant budget for support of £5,000 to Inveraray Shinty Club and £4,000 to Lochgilphead Golf Club.

5. TRANSPORTATION AND PROPERTY SERVICES

Roads Capital and Revenue Programmes

A report on the funding available for Capital and Revenue expenditure on roads, including walking, cycling and safer routes to school was discussed.

Decision

That following the decision to award £23,868 from the area Capital budget and £43,120 from the area Revenue budget, an updated report on Roads projects will be submitted to the next meeting on 8 May 2002.

(Reference – Report by Area Manager, Transportation and Property Services

Page 3 MID ARGYLL, KNITYRE AND ISLAY AREA BUDGET Appendix I REVENUE Project £ Ward Area Service Other Grant Monitoring Priority Funding Sept 2002 Jan 2002 Leverage Campbeltown Airshow £15,000 1,2,3 K DES √ £15,000

Irish Ferry Marketing – to CAKE TBA 1,2,3 K DES √ £2,000

Library Services £8,250 ALL I,K DES £8,250

South Argyll Rural Initiative £1,000 1,2,3 K DES √ £1,000 Page 26

Lochgilphead Primary School £2,000 6 ED √ £2,000 Garden Patchan Cemetery £2,000 4 K DES £2,000

Tarbert Football Pitch £3,500 4 K DES/ED £3,500

Stewarton Village Playscheme £2,000 1 K DES/HSW £2,000

Dalintober/Millknowe Area £750 2 K CLS √ £750 Development Group

Page 4 MID ARGYLL, KNITYRE AND ISLAY AREA BUDGET

REVENUE

Project £ Ward Area Service Other Grant Monitoring Priority Funding Sept 2002 Jan 2002 Leverage Inveraray Shinty Club £10,000 7 DES √ £5,000

Lochgilphead Golf Club £10,000 6 DES √ £4,000

Campbeltown Putting Green £2,000 1 K DES £2,000 Page 27

Kildalton Road £4,000 9 I TAPS £4,000

ReJig Recycling Group £3,380 8,9 I TAPS √ £3,380

Lochgilphead Front Green £2,000 6 DES £2,000

Roads Projects ALL £43,120

Page 5 MID ARGYLL, KNITYRE AND ISLAY AREA BUDGET Appendix II CAPITAL Project £ Ward Area Priority Service Other Grant Monitoring Funding Sept 2002 Jan 2002 Leverage Inveraray Marriage Room £2,020 7 P DES/CLS √ £2,020

Colonsay Croft Entrant £12,000 8 I DES √ £6,000 Scheme Playing Fields Bowmore £21,000 9 I DES/ED √ £5,000

Playing Fields Port Charlotte £20,000 8 I DES √ £10,000 Page 28

Kilkerran Cemetery £6,500 1 K DES £6,500

Kinloch Hall, Campbeltown £10,000 2 K - √ Nil

Mid Argyll Sports Trust £5,000 5,6,7 P DES √ £5,000

Islay Development Company £10,000 9 I DES √ £10,000

Tarbert Scottish Series £7,612 4 K DES √ £7,612

High Bank Park Footpath £2,000 6 TAPS £2,000

Page 6 MID ARGYLL, KNITYRE AND ISLAY AREA BUDGET

CAPITAL

Project £ Ward Area Priority Service Other Grant Monitoring Funding Sept 2002 Jan 2003 Leverage Footpath to Port Ellen Primary £1,000 9 I TAPS/ £1,000 School HSW

Kilmartin footpath £4,000 7 TAPS £4,000

Page 29 Fernoch to Achnabreck £2,000 6 K DES £2,000 Cemetery, Lochgilphead footpath

Bike & Skateboard Park, £10,000 2 K DES/ED √ £5,000 Campbeltown

Junior Changing Facility £20,000 1,2,3 K DES/ED √ £10,000 Campbeltown

Lorry Park at Kennacraig TBA 4 K DES √ Nil

Roads Projects £75,000 All ALL TAPS £23,868

Page 7

Page 30

Page 8 Page 31 Agenda Item 4e

ARGYLL AND BUTE COUNCIL

MINUTES of MEETING of the HELENSBURGH AND LOMOND AREA COMMITTEE held in THE VICTORIA HALLS, HELENSBURGH on TUESDAY, 7 MAY 2002

Present: Councillor Kinloch (Chair)

Councillor Coleshill Councillor Stewart Councillor Freeman Councillor Stirling Councillor Latimer Councillor Thompson Councillor Morton Councillor Wilson Councillor Petrie

Attending: Lynn Smillie Area Corporate Services Manager Charles Repkke Head of Democratic & Community Services Douglas Hendry Director of Housing & Social Work Howard Young Senior Development Control Officer Tony Bartley Senior Building Control Officer Alister Mackenzie Area Roads Manager Gordon Sutherland Area Amenity Services Manager Joe McGeer Head of Revenue Resource & Secondary Education Stuart Latimer Area Leisure Manager

Under Section 14 of the Council's Standing Orders the Chair agreed to consider an Urgent Motion as a matter of urgency due to a decision being required prior to the next Area Committee meeting. It was agreed to consider this Motion as Item 13 of the Agenda.

Under Section 8 of the Council's Standing Orders the Chair agreed to consider an additional item as a matter of urgency due to a decision being required prior to the next Area Committee meeting. It was agreed to consider this item as Item 14 of the Agenda.

1. DECLARATIONS OF INTEREST

Councillor Petrie declared an interest in Minute Item 4h(i) and took no part in the decision.

Councillor Stirling declared an interest in Minute Item 4h(i) and took no part in the decision.

Councillor Thompson declared an interest in Minute Item 7 and took no part in the decision.

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Councillor Kinloch declared an interest in Minute Item 6(b) and took no part in the decision thereof.

Councillor Coleshill declared an interest in Minute Item 10 and took no part in the decision thereof.

2. APPROVAL OF PREVIOUS MINUTES

(a) Area Committee - 2 April 2002

(i) The Committee approved Minutes of Meeting of 2 April as a correct record.

(ii) Noted that Councillor Banks, Spokesperson, Economic & Environment, had replied to the letters of 11 February, 12 March and 9 April 2002.

(b) Site Visit Minute - Cleveland Bank Cottage, Luss - 2 April 2002

(i) The Committee approved Minutes of Site Visit of 2 April as a correct record.

(ii) Noted Loch Lomond Park Authority had called in application.

(c) Site Visit Minute - Former Assessment Centre, Cardross - 2 April 2002

The Committee approved Minutes of Site Visit of 2 April 2002 as a correct record.

(d) Civic Government Hearing - 2 April 2002

The Committee approved Minutes of Civic Government Hearing of 2 April 2002 as a correct record.

(e) Property Issues Policy Development Group - 2 April 2002

(i) The Committee approved Minutes of Property Issues Policy Development Group of 2 April as a correct record.

(ii) Agreed that future agendas be sent to all Members for information purposes.

(f) Ground Maintenance and Contract Monitoring Development Group - 8 March 2002

(i) The Committee approved Minutes of Ground Maintenance and Contract Monitoring Development Group of 8 March as a correct record.

(ii) Agreed that future agendas be sent to all Members for information purposes.

Page 33

3. AREA COMMITTEE CAPITAL REVENUE EXPENDITURE 2002/2003

Detailing Revenue Budget, and Capital Provision, each of £100,000 allocated by the Council on 14 February 2002 and putting forward suggestions as to the possible utilisation of these monies.

Motion

To accept the recommendations as contained within the report with Paragraph 3.6.1(a) amended to read:-

That the Area Managers are instructed to bring forward proposed projects and other projects submitted by Members for consideration by the Area Committee that meet the criteria approved by the Council and that they consider to be of a high priority. In doing so Managers will have regard to (a) the Committee's Area Strategy, and (b) the Motion put forward for consideration by Councillor Morton to the Area Committee in April referred to Paragraph 3.3.

Moved by Councillor Kinloch Seconded by Councillor Freeman

Amendment

That the Helensburgh & Lomond Area Committee agrees the following:

1) to utilise the £100,000 revenue allocated in the 2002/3 budget on the following programme which complies with the criteria agreed by the Council on 21 March 2002 and has regard to fairness and equity across the Helensburgh & Lomond area.

a) Carriageway reinstatement & white lining at road junctions throughout the Helensburgh and Lomond area in accordance with priorities identified by the Area Roads Manager £34,000 b) Urgent road repairs at E Montrose St, Kennedy Dr & Aros Rd Rhu £17,000 c) Beach Cleaning throughout the Helensburgh and Lomond area £20,000 d) Additional elderly daycare places for residents of Helensburgh and Lomond £10,000 e) Funding for Social Work Centre in E Clyde Street which is to be used as a drop-in centre for the Helensburgh and Lomond area £15,000 f) Litter bins as required throughout the Helensburgh and Lomond area £ 4,000

2) to spend the £100,000 capital allocated in the 2002/3 Budget on the following programme which complies with the criteria agreed by the Council on 21 March 2002.

a) Internal refurbishment of the Victoria Halls as the main Council Hall serving the Helensburgh and Lomond area in accordance with Area Committee Strategy £33,000

Page 34

b) East King Street Football Park Upgrade (£70,000 having been spent on Howie Park, Rosneath in last 2 financial years £35,000 c) Skateboard Facilities in Hermitage Park & Kirkmichael £20,000 d) Street signs throughout the Helensburgh and Lomond area according to need £12,000

3) to spend any slippage which occurs in the above programme to fund a project or projects from the undernoted list, the actual project and amounts to be allocated dependent on the detail of the slippage.

a) Pitch next to Bowling green in Kilcreggan b) E King Street Football Pitch Upgrade c) Funding for a Helensburgh Festival d) Town & Village Centre Environmental Improvements e) Public Toilet Provision across Helensburgh and Lomond area f) Additional CCTV Provision g) Victoria Hall improvements h) Children’s play areas across the Helensburgh and Lomond area i) Additional Footpath Networks across the Helensburgh and Lomond area j) Dredging Helensburgh Pier k) Refurbishment of Craigendoran Community House

4) that discussions be held with Scottish Enterprise Dunbartonshire and other appropriate agencies, to investigate the possibility of gearing in additional external funding in cash or in kind, to support projects being promoted.

Moved by Councillor Morton Seconded by Councillor Stirling

2nd Amendment

No immediate action - continue for further full discussion by Members at a specially convened meeting.

Moved by Councillor Petrie Seconded by Councillor Latimer

In terms of Standing Order 10.3 a vote was taken between for and against "no immediate action".

On a show of hands

For 2nd amendment 4 votes Against 2nd amendment 6 votes

On a show of hands

Motion 4 votes Amendment 6 votes

Page 35

Decision

That the Helensburgh & Lomond Area Committee agrees the following:

1) to utilise the £100,000 revenue allocated in the 2002/3 budget on the following programme which complies with the criteria agreed by the Council on 21 March 2002 and has regard to fairness and equity across the Helensburgh & Lomond area.

a) Carriageway reinstatement & white lining at road junctions throughout the Helensburgh and Lomond area in accordance with priorities identified by the Area Roads Manager £34,000 b) Urgent road repairs at E Montrose St, Kennedy Dr & Aros Rd Rhu £17,000 c) Beach Cleaning throughout the Helensburgh and Lomond area £20,000 d) Additional elderly daycare places for residents of Helensburgh and Lomond £10,000 e) Funding for Social Work Centre in E Clyde Street which is to be used as a drop-in centre for the Helensburgh and Lomond area £15,000 f) Litter bins as required throughout the Helensburgh and Lomond area £ 4,000

2) to spend the £100,000 capital allocated in the 2002/3 Budget on the following programme which complies with the criteria agreed by the Council on 21 March 2002.

a) Internal refurbishment of the Victoria Halls as the main Council Hall serving the Helensburgh and Lomond area in accordance with Area Committee Strategy £33,000 b) East King Street Football Park Upgrade (£70,000 having been spent on Howie Park, Rosneath in last 2 financial years £35,000 c) Skateboard Facilities in Hermitage Park & Kirkmichael £20,000 d) Street signs throughout the Helensburgh and Lomond area according to need £12,000

3) to spend any slippage which occurs in the above programme to fund a project or projects from the undernoted list, the actual project and amounts to be allocated dependent on the detail of the slippage.

a) Pitch next to Bowling green in Kilcreggan b) E King Street Football Pitch Upgrade c) Funding for a Helensburgh Festival d) Town & Village Centre Environmental Improvements e) Public Toilet Provision across Helensburgh and Lomond area f) Additional CCTV Provision g) Victoria Hall improvements h) Children’s play areas across the Helensburgh and Lomond area i) Additional Footpath Networks across the Helensburgh and Lomond area j) Dredging Helensburgh Pier k) Refurbishment of Craigendoran Community House

Page 36

4) that discussions be held with Scottish Enterprise Dunbartonshire and other appropriate agencies, to investigate the possibility of gearing in additional external funding in cash or in kind, to support projects being promoted.

(Reference: Report by Area Link Director dated 15 April 2002).

4. DEVELOPMENT AND ENVIRONMENT SERVICES

(a) Monthly List of Delegated Decisions

Delegated decisions taken by the Director of Development and Environment Services with regard to planning applications and building warrants since the last Committee.

Decision

To note the contents of the report.

(Reference: Report by Head of Service - Development & Building Control dated 15 April 2002).

(b) Building Control Performance Monitoring - Council Wide and Decentralised Area Teams

Outlining Building Control performance with respect to processing Building Warrant and Completion Certificate applications in accordance with the requirements of the Accounts Commission.

Decision

To note the contents of the report.

(Reference: Report by Head of Service - Development & Building Control dated 15 April 2002).

(c) Development Control Performance Monitoring - Council Wide and Decentralised Area Teams

Outlining Development Control performance with respect to processing planning applications against target set by Area Committees in May 2001 reviewing and setting the Council Wide Performance Standard for April 2002 to March 2003 and also identified and set targets for each of the four decentralised areas. The report also reviewed the Council Wide Performance set against the Scottish Executive's targets for Councils as contained in National Planning Policy Guidelines 1: The Planning System (NPPGI) which was revised in November 2002.

Page 37

Decision

(i) To note the contents of the report.

(ii) Agreed recommendations as outlined in report.

(Reference: Report by Director of Development and Environment Services dated 16 April 2002).

(d) Development Control Enforcement Activity

Outlining the level of planning enforcement activity in the last year within the decentralised area of Helensburgh and Lomond.

Decision

(i) To note the contents of the report.

(ii) Agreed that the Enforcement Officer be in attendance at the next Business Day meeting on 21 May 2002.

(Reference: Report by Head of Service - Development & Building Control dated 22 April 2002).

The Area Committee adjourned at 1.00 p.m.

The Area Committee reconvened at 3.00 p.m.

EXCLUSION OF PRESS AND PUBLIC

Prior to discussion of the following three items of business it was unanimously agreed to pass the following Resolution:-

“That under Section 50A(4) of the Local Government (Scotland) Act 1973, as amended by the Local Government (Access to Information) Act 1985, the press and public be excluded from the meeting for these items of business on the grounds that they may involve the likely disclosure of exempt information as defined in Paragraph 13 of Part I of Schedule 7A to the Act”.

(e) Development Control Enforcement Detail

List of outstanding enforcement investigations current on 18 April 2002.

Decision

To note the contents of the report.

(Reference: Report by Head of Service - Development & Building Control dated 18 April 2002).

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(f) Imposition of Provisional Tree Preservation Order - Loch Lomond

Seeking approval for the confirmation of the Tree Preservation Order in its original terms.

Decision

Agreed that the Provisional Tree Preservation Order imposed on the site be confirmed with immediate effect.

(Reference: Report by Head of Service - Development & Building Control dated 8 April 2002).

(g) Imposition of Provisional Tree Preservation Order - Garelochhead

Seeking approval for the confirmation of the Tree Preservation Order in its original terms and advising of an objection to the imposition of the Tree Preservation Order.

Decision

Agreed that the Provisional Tree Preservation Order imposed on the site be confirmed with immediate effect.

(Reference: Report by Head of Service - Development & Building Control dated 10 April 2002).

(h) Applications for planning permission to be considered

There was submitted applications which the Committee considered and dealt with as detailed in Appendix 1.

(i) Victoria Halls, Helensburgh

Outlining Council decision on 2 May 2002 to the allocation of Capital Funding within 2002/2003 to prevent any further deterioration of the Hall.

Decision

(i) Noted Council decision.

(ii) Agreed to request Development and Environment Services to paint door in Jubilee Room and examine ways to improve the appearance of the room.

Page 39

EXCLUSION OF PRESS AND PUBLIC

Prior to discussion of the following item of business it was unanimously agreed to pass the following Resolution:-

“That under Section 50A(4) of the Local Government (Scotland) Act 1973, as amended by the Local Government (Access to Information) Act 1985, the press and public be excluded from the meeting for this item of business on the grounds that it may involve the likely disclosure of exempt information as defined in Paragraph 8 of Part I of Schedule 7A to the Act”.

(j) Transfer of Land - Kilcreggan

Background and current position in relation to the proposed transfer of ground at Kilcreggan, the report covered proposals in respect of grounds maintenance requirements only.

Decision

Agreed recommendation as outlined in the report.

(Reference: Report by Area Amenity Services Manager dated 2 April 2002).

(k) Leisure Development Grants

Leisure Development Grant applications for consideration.

Decision

The applications were determined as follows:-

Helensburgh & District Access Forum £3,000 Helensburgh Oratorio Choir £ 500 Garelochhead & Portincaple Community Council £ 500 (one-off for Golden Jubilee Event)

(Reference: Report by Area Leisure Manager dated 22 April 2002).

EXCLUSION OF PRESS AND PUBLIC

Prior to discussion of the following item of business it was unanimously agreed to pass the following Resolution:-

“That under Section 50A(4) of the Local Government (Scotland) Act 1973, as amended by the Local Government (Access to Information) Act 1985, the press and public be excluded from the meeting for this item of business on the grounds that it may involve the likely disclosure of exempt information as defined in Paragraph 10 of Part I of Schedule 7A to the Act”. Page 40

(l) East King Street Playing Fields

Advising that a specialist consultancy has been appointed to examine the site and provide specialist advice, with costings for remedial work.

Decision

To note the contents of the report.

(Reference: Report by Area Amenity Services Manager dated 22 April 2002).

5. EDUCATION

(a) Community Halls

Outlining a number of community halls operating within the Helensburgh and Lomond area and indicating the status of these halls and the extent of financial support from the Council. Decision

(i) Agreed to acknowledge the role of community halls in providing lifelong learning activities and meeting places for local communities.

(ii) Agreed to endorse the proposals that hall committees be informed of, and supported to access Education Development Grant funding where appropriate.

(Reference: Report by Director of Education dated 22 April 2002).

(b) Education Development Grants

Education Development Grant applications for consideration.

Decision

The applications were determined as follows:-

Clyde C.E. Centre £12,000 Gibson Hall £ 2,000

(Reference: Report by Director of Education dated 22 April 2002).

Page 41

(c) Pre School Education Provision

Information relating to Pre-School Education Provision within Cove and Kilcreggan.

Decision

To note the contents of the letter.

(Reference: Letter from Head of Service, Education dated 19 April 2002).

6. CORPORATE & LEGAL SERVICES

(a) June 2002 Area Committee

Rearrange the date of the June 2002 Helensburgh and Lomond Area Committee meeting.

Motion

Agree that the June Area Committee meeting be held on Thursday, 6 June 2002 in Luss Village Hall.

Moved by Councillor Freeman Seconded by Councillor Morton

Amendment

Agree that the June Area Committee meeting be held on Wednesday, 12 June 2002.

Moved by Councillor Stirling Seconded by Councillor Wilson

On a show of hands

Motion 6 votes Amendment 4 votes

Decision

Agree that the June Area Committee meeting be held on Thursday, 6 June 2002 in Luss Village Hall.

(Reference: Report by Director of Corporate & Legal Services dated 13 March 2002).

Councillor Freeman took the chair for the following item of business.

Page 42

(b) Administration of Trust Funds Moores Mortification Fund

Outlining a request from the Cardross Trust to investigate the transfer of the administration of the Moores Mortification Fund and a request to pay out funds to various charitable causes.

Motion

(i) Agree to the request from Cardross Trust for investigation into whether it complies with the purposes of the Fund.

(ii) Agree that Cardross Trust advertise the existence of the Fund to invite applications from the public for monies to be applied to worthwhile causes or projects within the purposes of the Fund.

Moved by Councillor Freeman Seconded by Councillor Petrie

Amendment

To continue consideration to allow investigation into the running of, and the financial situation of the Cardross Trust.

Moved by Councillor Stirling Seconded by Councillor Wilson

On a show of hands

Motion 8 votes Amendment 2 votes

Decision

(i) Agree to the request from Cardross Trust for investigation into whether it complies with the purposes of the Fund.

(ii) Agree that Cardross Trust advertise the existence of the Fund to invite applications from the public for monies to be applied to worthwhile causes or projects within the purposes of the Fund.

(Reference: Report by Head of Legal Services dated 2 May 2002).

Page 43

7. ARDLUI RESPITE CENTRE

An update on the situation with regard to Ardlui Respite Care.

Decision

(i) Agreed to await the outcome of the Council's NPDO bid.

(ii) Agreed to request Ardlui Respite Care to confirm to the Council confirmation from the Scottish Commission for the Registration of Care the registration of a Respite Care Home within the grounds including the blaes pitch of Parklands School.

(iii) Agreed to continue to provide short term support to Ardlui Respite Care Scheme/Trust in the provision of respite care within the Helensburgh and Lomond area.

(iv) Agreed to request Ardlui Respite Care Scheme/Trust to draw up and submit business plan for the service, this plan to include the financial arrangements with details regarding viability and sustainability, the type of service to be provided, whether this be on an Authority wide basis and how it could complement the development of home based care.

(Reference: Report by Chair of Joint Working Group dated 2 May 2002).

8. NOTICE OF MOTION

Area Committee Capital and Revenue Expenditure 2002/2003

Noted Motion had been considered under Item 4 on the Agenda and was withdrawn from the Agenda.

(Reference: Motion by Councillor Morton dated 18 April 2002).

9. NOTICE OF MOTION

Cove & Kilcreggan Bowling Club

In terms of Standing Order 13 the following Motion was received for consideration at this meeting.

Cove & Kilcreggan bowling club have been negotiating with the Council over repairs to their Council owned clubhouse. They are being asked to save the Council money by taking over responsibility for maintaining the clubhouse themselves. They would be willing to do so, provided the building is put in reasonable order.

Page 44

The Area Committee calls upon the SPC to ensure that money for leisure buildings improvement and repair is made available from central budget to Cove and Kilcreggan bowling club.

Proposed by Councillor Coleshill Seconded by Councillor Thompson

Decision

(i) Agreed to support the contents of the Motion.

(ii) Agreed to check terms of title to property.

(Reference: Motion by Councillor Coleshill dated 22 April 2002).

10. NOTICE OF MOTION

Vale of Leven Maternity Unit

In terms of Standing Order 13 the following Motion had been submitted for consideration at this meeting.

We understand from members of the public who require the facilities of the Vale of Leven Maternity Unit that there will not be an Obstetrician in post after June 2002 as women have been referred to Maternity Units in Glasgow hospitals for obstetric care.

In light of this, this Area Committee agrees that Councillor Petrie raise with Argyll & Clyde Health Board, Argyll & Bute Council's great concern at this development as it would indicate that the Maternity Unit at the Vale of Leven Hospital will not be operational from the end of June 2002 and trusts that Argyll & Clyde Health Board reconsider this decision as a matter of urgency.

Proposed by Councillor Kinloch Seconded by Councillor Freeman

Decision

Agreed to support the contents of the Motion.

(Reference: Motion by Councillor Kinloch dated 22 April 2002).

* 11. NOTICE OF MOTION

Financial Support to Community Councils

In terms of Standing Order 13 the following Motion had been submitted for consideration at this meeting. Page 45

At the moment the Hall Hire fees charged to some Community Councils by the Argyll and Bute Council, match or exceed the grant Argyll and Bute give them to sustain them in their vital local role.

The Helensburgh and Lomond Area Committee believes that Community Councils should be provided with adequate funds for stationery or hall hire and calls upon the Council as a matter of urgency:

1. To reduce the council hall hire rate to community councils;

and as soon as practicable,

2. To uprate the operating grants to Community Councils to ensure that their essential operating costs do not exceed the grant the Council makes available.

Proposed by Councillor Coleshill Seconded by Councillor Kinloch

Decision

Agreed to support the contents of the Motion.

(Reference: Motion by Councillor Coleshill dated 22 April 2002).

12. URGENT MOTION

Cowal Games

In terms of Standing Order 8 the Chair agreed to take this item as a matter of urgency due to time constraints.

1. That the Helensburgh & Lomond Area Committee wishes to express its concern that the Cowal Games which receives central funding from Argyll & Bute Council should introduce new competitions which exclude residents of the Helensburgh & Lomond area alone of the 4 Council areas. The Committee accepts that traditional competitions might reasonably be restricted to residents of historic Argyll but believes that all areas of Argyll & Bute should be treated uniformly for new competitions.

2. That the Area Committee writes to the organisers of the Cowal Games expressing these concerns and asking them to reconsider immediately their decision to bar Helensburgh and Lomond residents from their competition.

3. That the Area Committee asks that the Strategic Policy Committee also expresses these concerns to the Cowal Games Committee, pointing out that all 4 areas of Argyll & Bute assist with funding the Games as they have be given a grant from central funds.

Page 46

Proposed by Councillor Morton Seconded by Councillor Kinloch

Decision

Agreed to support the contents of Motion.

(Reference: Motion by Councillor Morton dated 6 May 2002).

13 ADDITIONAL ITEM

Adventure Race (All Terrain Marathon) Provisional September 15, 2002

In terms of Standing Order 14 the Chair agreed to take this item as a matter of urgency due to time constraints.

Request from Loch Lomond Shores for support and investment in an Adventure Race and Marathon around Loch Lomond.

Decision

Agreed that no financial support be given to initiative. Page 47

Appendix 1

ARGYLL AND BUTE COUNCIL

HELENSBURGH AND LOMOND AREA COMMITTEE

TOWN AND COUNTRY PLANNING

List of applications considered by the Helensburgh and Lomond Area Committee meeting on 7 May 2002. Minute Item 4(h).

Application No.

01/01968/DET Royal Northern and Clyde Yacht Club - Detailed Application - Formation of new access gate and dinghy launching ramp, Royal Northern and Clyde Yacht Club.

Decision

Agreed to refuse in accordance with the recommendations contained within the report by the Director of Development and Environment Services.

(Reference: Report by the Head of Development and Building Control dated 8 April 2002).

01/01970/LIB Royal Northern and Clyde Yacht Club - Application for Listed Building Consent - Alterations to boundary wall to form new access, Royal Northern and Clyde Yacht Club, Rhu.

Decision

Agreed to refuse in accordance with the recommendations contained within the report by the Director of Development and Environment Services.

(Reference: Report by Head of Development and Building Control dated 9 April 2002). Page 48

02/00269/DET Mr. David Pearson - Detailed Application - Erection of three detached dwellings, land adjacent to Ardenconnel, Aros Road, Rhu.

Decision

To continue consideration pending site inspection with delegated powers by Members.

(Reference: Report by Head of Development and Building Control dated 8 April 2002).

02/00361/DET Mrs. M. Hunter - Detailed Application - Installation of windows (Retrospective Application), 4 West Abercromby Street, Helensburgh.

Decision

To continue consideration pending site inspection with delegated powers by Members.

(Reference: Report by Head of Development and Building Control dated 4 April 2002).

02/00051/ENFOTH Mrs. M. Hunter - Enforcement Report - Installation of windows (Retrospective Application), 4 West Abercromby Street, Helensburgh.

Decision

To continue consideration pending outcome of site inspection with delegated powers by Members.

(Reference: Report by Head of Development and Building Control dated 8 April 2002).

01/02045/DET Kier Homes - Detailed Application - Erection of 54 houses, former Sundale Garden Centre, Redgauntlet Road, Helensburgh.

Decision

(i) To note supplementary report 1.

(ii) To note concerns regarding construction traffic and parking.

(iii) Approved in accordance with the Conditions and Reasons as contained within the report by the Director of Development and Environment Services and subject to notification to the Scottish Executive.

(Reference: Report by Head of Development and Building Control dated 26 April 2002). Page 49

01/01511/DET Cala Homes (Scotland) Ltd. - Detailed Application - Erection of 66 dwellings and 48 flats and conversion of existing building to form 12 flats, Former Assessment Centre, Cardross.

Decision

(i) Noted supplementary report 2.

(ii) Approved in accordance with the Conditions and Reasons as contained within the report by the Director of Development and Environment Services and subject to notification to the Scottish Executive.

(Reference: Report by Head of Development and Building Control dated 12 April 2002).

01/01512/LIB Cala Homes (Scotland) Ltd. - Listed Building Consent - Conversion of former assessment centre building to 12 flats alteration to walled garden and wall and gatepiers adjacent to A814, Cardross Park, Cardross.

Decision

Approved in accordance with the Conditions and Reasons as contained within the report by the Director of Development and Environment Services and subject to notification to Historic Scotland.

(Reference: Report by Head of Development and Building Control dated 11 January 2002).

02/00226/DET Mr. & Mrs. G. Groves - Detailed Application - Alterations and extensions to coffee shop, Coach House Coffee Shop, Church Road, Luss.

Decision

Approve in accordance with the Conditions and Reasons as contained within the report by the Director of Development and Environment Services.

(Reference: Report by Head of Development and Building Control dated 8 April 2002).

Page 50 Page 51 Agenda Item 4f ARGYLL AND BUTE COUNCIL

MINUTES of MEETING of BUTE AND COWAL AREA COMMITTEE held in the QUEEN'S HALL, DUNOON on TUESDAY 07 MAY 2002

Present: Councillor J R Walsh (Chair)

Councillor Chennell Councillor Currie Councillor Macintyre Councillor McKinven Councillor McQueen Councillor Marshall Councillor Scoullar Councillor Strong

Attending: George B McKenzie, Area Corporate Services Manager Hugh Blake, Estates Surveyor Helen Muir, Social Work Area Manager Terry Markwick, Area Amenity Services Manager Alan Lothian, Area Transportation Manager Phil O’Sullivan, Senior Development Control Officer Charlie McFadyen, Senior Building Control Officer Martin Turnbull, Area Community Education Worker Gordon Higgins, Community Schools Co-ordinator Jim Anderson, Area Facility Manager

1. Apologies for Absence

None

2. Declarations of Interest

Councillor J. McQueen declared an interest in a grant being considered under Minute item No 6a.

3. Minutes of Meetings

(a) Minute of Area Committee of 2 April 2002

The Committee approved the Minute of their meeting of 2nd April 2002, subject to the amendment of the following: Page 1 – Item 3, line 2 amended to read Minute item 6a – Councillors McKinven & Strong; line 3 amended to read Minute Item 7a – Councillors Chennell and Macintyre Page 3 – Item 6 line 2 amended to read ‘Councillors McKinven and Strong declared an interest…’ Item 7a, line 2 amended to read – ‘Councillors Chennell and Macintyre declared an interest …..’

(b) Minute of Pavilion Policy Development Group

The Committee approved the Minute of the Pavilion Policy Development Group meeting of 4th February 2002

Page 52

(c) Minute of Queen's Hall Policy Development Group

The Area Committee approved the Minute of the Queen’s Hall Policy Development Group meeting held on 19th March 2002.

4. Corporate and Legal Services

EXCLUSION OF PRESS AND PUBLIC

The Committee resolved in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the Public for the following item of business on the grounds that they were likely to involve the disclosure of exempt information as defined in the undernoted Paragraph of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973

Minute item 4a – Paragraph 9

(a) Lease of Shop - Argyll Street, Dunoon

The Area committee agreed that the Shop at 23 Argyll Street, Dunoon be leased in terms of the recommendations contained in report.

(Reference: Report by Director of Corporate and Legal Services dated 16th April – submitted)

5. Transportation and Property

(a) Clydefast Operations

A report was submitted with outline details of the proposed Clydefast Ferry services between Rothesay, Dunoon and Glasgow.

Decision

The Area Committee noted the report

(Reference; Report by Area Manager, Transportation – submitted)

(b) Provosts Lamps

An extract from the Minute of the Strategic Policy Committee Minute of 27th March 2002 concerning Provost’s Lamps was submitted.

Decision

The Area committee noted the decision contained in this extract from the Strategic Policy Committee Minute.

(c) Scottish Executive Funding

Page 53

The Committee considered a report outlining the Transportation Department’s proposals for the utilisation of funds provided for roads by the Scottish Executive.

Decision

The Area Committee noted and agreed the proposals contained in the report

(Reference; Report by Area Manager, Transportation – submitted)

6. Development and Environment Services

(a) Leisure Development Grants

Councillor McQueen declared an interest in Dunoon Amateur Boxing Club and left the meeting while their grant was being determined.

A report was submitted by the Area Facility Manager recommending Leisure Development Grants be awarded to groups and an individual.

Decision

The Committee awarded grants as follows:-

Dunoon Amateur Boxing Club £1,000 Royal Rothesay Regatta & Carnival £1,000 Yvonne Murton £ 550 Cowal Accordian & Keyboard Workshop £ 500

(Reference; Report by Area Facility Manager – submitted)

(b) Planning Application 01/01336/OUT Drimsynie Construction Ltd, Corstoun Park, Toward Farm, Toward

Decision

Approved subject to the conditions contained in the report by the Head of Development Control.

(c) Planning Application 02/00489/DET - Mr & Mrs Peel, Ground SE of Burnbank, Wyndaham Road, Innellan

Decision

Refused in terms of the report by the Head of Development Control

(d) Planning Application 02/00449/DET Mr & Mrs Stewart, Ferry House, Lenihuline, Isle of Bute

Decision

Approved subject to the conditions contained in the report by the Head of Development Control

Page 54

(e) Planning Application 01/01760/DET - Scottish Water, Land Opposite The Manse, Tighnabruaich

Decision

Approved subject to the conditions contained in the report by the Head of Development Control

(f) Planning Application 01/01748/DET Scottish Water Land Opposite The Grove, Shore Road, Tignabruaich

Decision

Approved subject to the conditions contained in the report by the Head of Development Control

(g) Planning Application 01/01764/DET Land opposite Ardencraig, Kames

Decision

Approved subject to the conditions contained in the report by the Head of Development Control

(h) Planning Application 01/01878/DET DGM (Scotland) Harmony Hotel Site, Alexandra Parade, Dunoon

Decision

Agreed in terms of the recommendation by the Head of Development Control

At this point of the meeting the Chairman proposed a 45 minute adjournment to allow members a short break for lunch. The Committee endorsed his decision.

The meeting resumed at 2.00 p.m.

(i) Delegated Decisions

Delegated Development Control decisions approved since the last meeting of the Area Committee were noted.

(j) Development Control Performance Indicators

The Area Committee commended the Area Development Control Officer and his staff on their performance over the last year agreed the recommendations in the report.

(Reference; Report by Head of Development Control dated 16th April 2002 – submitted)

Page 55

EXCLUSION OF PRESS AND PUBLIC

The Committee resolved in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the Public for the following items of business on the grounds that they were likely to involve the disclosure of exempt information as defined in the undernoted Paragraphs of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

Minute item 6k & 8 - Paragraph 13 Minute item 7 - Paragraph 12

(k) Enforcement Action

Development Control Enforcement

The Area Development Control Officer submitted a report outlining current Development Control Enforcement activity in the Bute and Cowal Area and introduced the recently appointed Development Control Enforcement Officer.

Decision

The Committee noted the report and agreed to the recommendations therein.

(Reference; Report by Head of Development and Building Control date 23rd April 2002 – submitted.

7. Dunoon Stadium

A report was submitted by the Area Amenity Services Manager concerning the Dunoon Stadium Grandstand

Decision

The Committee:-

(a) Noted the contents of the report (b) Agreed that clarification be sought from Legal Services on some of the aspects contained in the report.

(Reference; Report by Area Amenity Services Manager dated 6th May – submitted)

8. Enforcement Report 02/00065/ENFLB

The Committee noted the report, endorsed the enforcement action taken to date and expressed serious concern on the stated position.

9. Area Budgets

The Area Corporate Services Manager submitted a report containing a list of possible options to utilise the Area Capital and Revenue Budgets.

Page 56

Decision

The Committee agreed:-

(a) the Capital and Revenue budgets be allocated as shown below. (b) the four Dunoon Councillors, Councillors Chennel, McKinven, McQueen and Walsh to form a Sub Committee to determine and agree the Capital and Revenue project allocation for the Dunoon, Kirn and Innellan areas.

Capital Revenue

Rothesay Telephone System £21,800 Ardencraig Gardens £ 8,000 £ 8,000 Rothesay Meadows Shinty Pitch – Drainage £10,000 Rothesay Meadows Toilet Refurbishment £20,000 Bute Cemteries Wall repairs 5,000 Tighnabruaich Pier Group £10,000 Strone Footpath £25,000 Dunoon Projects £46,000 £47,000

(Reference; Report by Area Corporate Services Manager and appropriate Area Service Managers – submitted)

10. Cowal Gathering

The Chairman advised the Committee there was a question over the funding period for Capital and Revenue Expenditure for the Cowal Highland Gathering.

Decision

The Area Committee unanimously agreed that the Capital and Revenue funding allocated to Cowal Highland Gathering was to be made available for a period of 3 consecutive years.

Page 57 Agenda Item 4g

ARGYLL AND BUTE COUNCIL MINUTE of MEETING OF AREA COMMITTEE FOR MID ARGYLL, KINTYRE AND ISLAY held in JURA VILLAGE HALL on WEDNESDAY 8 MAY 2002

Present: Councillor Donnie MacMillan (Chair)

Councillor Alison Hay Councillor John Findlay Councillor Bruce Robertson Councillor Robin Currie Councillor Donald Kelly

Attending: Deirdre Forsyth, Area Corporate Services Manager Richard Kerr, Senior Planning Officer Jolan Gergely, Area Housing Manager Angus Smith, Area Social Work Manager Donnie McLeod, Area Manager, Transportation and Property Services Roddy McDowell, Head of Lifelong Learning & Capital Resource Donnie Campbell, Islay High School David Petrie, Scottish Water Duncan Aitken, Scottish Water David Lyle, Senior Building Control Officer

1. APOLOGIES

Apologies were received from Councillors McKinlay, Blair and McKinnon.

2. MINUTES OF MEETING OF 3 MAY 2002

The Committee agreed the minutes of their meeting of 3 May 2002 as a correct record.

3. SCOTTISH WATER – Presentation by David Petrie

A presentation of behalf of Scottish Water was given by David Petrie and Duncan Aitken.

Mr Petrie explained the basis for the Coastal Communities Programme and outlined Scottish Water’s connection policy.

Councillor Findlay asked about the new plant at Tora in Islay. It was explained that the problems at Christmas had been caused by extra demand and several burst pipes. In summer problems arise because the flow is slowed by the treatment which is different when the water is warm. This is being dealt with by the Regional Office. Mr Aitken will advise Deirdre Forsyth of the position.

Councillor Hay asked if financial help was available to people who could not afford to pay the costs of connecting their private sewage system to the new public system when installed.

Page 1 Page 58

Mr Petrie explained that advice and assistance was available to extend the payment period and also suggested that the Council’s improvement grant scheme might be available.

Councillor Currie asked about the programme for schemes on Islay and Jura. Mr Petrie advised that there were none proposed for Jura and thought that there was only one for Port Ellen. This is because their policy is to do schemes only for populations of over 2000, but exceptions could be made for large settlements like Port Ellen.

Councillor Currie asked if a high level meeting between the Committee and Scottish Water could be arranged to discuss the problems caused throughout Mid Argyll, Kintyre and Islay by Scottish Water’s projects. It was agreed that Ms Forsyth and Mr Petrie should arrange this as soon as possible.

Councillor Robertson asked about the new sewage scheme for Ardrishaig. Mr Petrie advised that it should start within the next year, but it may not now be possible for those on gravity fed private outfalls to connect to this pumped system.

Councillor Kelly asked why a gravity fed septic tank could not be connected to a pumped mains system using a non-return valve. Mr Petrie said this was possible but they had never used that system. He agreed that individual cases would have to be looked at.

4. SCHOOL EXAM RESULTS

Donnie Campbell Headteacher, Islay High School, gave a presentation on school exam results. He was congratulated on the results and wished success for the future.

5. GRANTS – Education Development

A report was submitted by Director of Education dated 8 May 2002 describing applications which had been received for grants.

The following grants were agreed on the normal terms and conditions.

ORGANISATION GRANT

Mid Argyll Youth Project £5,500 Jura Youth Club £771 Mid Argyll Community Care Association £2,500 Lorne & Lowland Church Summer Continue for further information Playschemes

TOTAL £8,771

(Reference – Report by Director of Education dated 8 May 2022)

Page 2 Page 59

DEVELOPMENT AND ENVIRONMENT SERVICES

6. Planning Applications

The Committee considered and dealt with the applications for planning as detailed in the list attached to the minute (Appendix 1).

7. Delegated Decisions

The Committee noted decisions issued by the Director of Development and Environment Services dated 8 May 2002.

8. Development Control Performance Monitoring 2001/2002

The report outlines Development Control performance with respect to processing planning applications as set against the performance target set by the Area Committees in May 2001. In addition to reviewing and setting the Council wide performance standard for April 2002 to March 2003, the report also identifies the performance and sets targets for the area.

Decision

1. The Committee endorsed the contents of the report and congratulated staff on their achievements.

2. The Committee agreed a Council wide target of deciding 70% of all planning applications within two months for the period April 2002 to March 2003. This would represent a 4% increase in performance in real terms.

3. The Committee agreed to set a target of deciding 90% of all Householder applications within two months.

4. The Committee agreed that the target set out below be adopted for the period April 2002 to March 2002; • Mid Argyll, Kintyre and Islay 65%

9. Development Control Enforcement Activity 2001/2002

This report describes the level of planning enforcement activity during the last twelve months within the Mid Argyll, Kintyre and Islay area. Members were advised that the Mid Argyll, Kintyre and Islay Area does not enjoy the benefit of a full time enforcement officer, as the remit of the current post covers both this decentralised area and that of Oban, Lorn and the Isles. The workload and time of the enforcement officer is split between the two areas, with up to 50% of time being available for enforcement activity in the Mid Argyll, Kintyre and Islay Area.

Page 3 Page 60

Decision

The Committee

1. Noted the content of the report, congratulated the staff on their achievement and

2. Agreed the following performance targets for the year 2002/2003.

i) The investigation of 100% of the alleged cases of breaches of planning control drawn to the attention of the Council by members of the public, advising complaints of progress, with a view to securing an effective resolution by negotiation were possible, and by formal action where necessary.

ii) The monitoring of 90% of Strategic Planning Decisions made in the preceding 5 years, as developments progress, in order to ensure that they are implemented in accordance with the approved plans and conditions.

iii) The monitoring of 40% of all the Non-Strategic Planning Decisions made in the previous 5 years, as developments progress, in order to ensure that they are implemented in accordance with the approved plans and conditions.

iv) The investigation of 20 cases of potential breaches of planning control identified by the Planning Authority (over and above these cases identified by members of the public).

10. Building Control Performance Monitoring 2001/2002

The report outlines the Building Control performance with respect to processing building warrant and completion certificate applications in accordance with the requirements of the Accounts Commission. The report also compares and contrasts the performance of the Council’s four area offices for the years 2000/2001 and 2001/2002.

Decision 1. Members noted the content of the report and congratulated staff on their achievements and in particular the continuous improvement in building control performance over the past 3 years.

2. Members noted the business unit service delivery plan for the years 1999/2002 set targets for dealing with Building Warrants of 10 days to respond to a request for a building warrant and 6 days on average to issue a building warrant after receipt of all necessary information, an accumulated average of 16 days. Similarly targets of 5 days and 2 days were set for completion certificates. Both of these targets have been exceeded, the figures for 2001/2002 being 12 days and 4 days respectively.

(Reference – Report by Director of Development and Environment Services dated 8 May 2002)

Page 4 Page 61

HOUSING AND SOCIAL WORK SERVICES

11. Vacant Council Houses – Mid Argyll, Kintyre and Islay, April 2001 – March 2002

The report provided Members with an update on the turnover of properties in Mid Argyll, Kintyre and Islay from 1 April 2001 to 31 March 2002.

Decision

1. To note the report.

2. To keep the Committee updated on the position in Inveraray.

(Reference – Report by Director of Housing and Social Work Services dated 8 May 2002)

TRANSPORT AND PROPERTY SERVICES

12. Integrated Transport Proposals – Correspondence from Jura Community Council and Jura Ferry Service

Glasgow/Islay Air Service

The correspondence between Jura Community Council and Loganair was discussed. Mr McLeod advised that Serco Denholm were able to accommodate the additional 15 minutes in the ferry timetable changing the last ferry from 6.30 a.m. to 6.45 a.m., but there were problems with the bus link which had not yet been resolved.

Decision

1. That a report on progress in regard to the integration of plane, bus and ferry would be made to the next meeting.

2. That a meeting between Scott Grier of Loganair and the Chair, Vice Chair and Local Member should be arranged in order to discuss and try to prevent such a situation from happening again.

3. That the people of Islay and Jura be advised of the timings of the ferry as soon as possible.

4. That the protocols annexed at Appendix 2 for advising the ferry of the need to wait for plane passengers be implemented anyway.

Page 5 Page 62

Jura Ferry Service

The Director of Transportation and Property Services circulated a report updating the Committee on the progress with the Scottish Executive in regard to the justification for a new ferry.

Decision

The Committee agreed

1. That, in future years, Jura Distillery and residents of Jura must be fully advised beforehand of the arrangements when the ferry has to go out of service.

2. That every attempt should be made to have a Loch class vessel for the service period, when the ramp has been modified at port Askaig, and that these modifications should be part of the initial phase of the works at Port Askaig.

3. That continued pressure should be put on the Scottish Executive to agree to the provision of a more suitable vessel on the route taking into account the amount of traffic particularly commercial vehicles using it.

4. That the whole issue of environmental impact of the movements of distillery waste would be discussed at the next meeting and a strategy formulated for taking this up with SEPA including asking for a dispensation during the period of the ferry being serviced to allow Jura Distillery to dispose of waste locally.

5. That, as soon as the MCA response regarding the restrictions to use the ferry and agreement regarding carrying capacity is received this information should be passed to Jura Community Council.

CORPORATE AND LEGAL SERVICES

13. Three Islands Partnership – Verbal Report by Area Corporate Services Manager

The Committee, having visited the Islay and Jura Service Points, were pleased with the work and agreed that this would help the Council and other partnerships to improve their front line service. Jura Development Trust were thanked for providing efficient and useful management of the Jura Service Point for the Council.

14. Minutes of Dalintober/Millknowe Area Development Group dated 12 April 2002

There were submitted and noted minutes of Dalintober/Millknowe Area Development Group dated 12 April 2002.

Page 6 Page 63

15. Minutes of Islay and Jura Area Liaison Group dated 9 April 2002

There were submitted minutes of Islay and Jura Area Liaison Group dated 9 April 2002.

Decision

It was agreed that a letter be sent to Royal Mail asking if a another vessel could be used to cross with mail when the ferry was unavailable.

16. Mid Argyll Partnership

There was submitted minutes of Mid Argyll Partnership dated 10 April 2002.

Decision

1. It was agreed to ask Amenity Services to report to the next meeting on the issues raised regarding lay-bys.

2. It was agreed that it would be inappropriate to have CCTV cameras in public conveniences but the Police and Amenity Services were asked to consider other options to try to reduce the vandalism.

Page 7 Page 64

Appendix 1

ARGYLL AND BUTE COUNCIL

TOWN AND COUNTRY PLANNING

APPLICATIONS CONSIDERED BY THE MID ARGYLL, KINTYRE & ISLAY

AREA COMMITTEE AT THEIR MEETING ON 8 MAY 2002

1. 02/00483/MFF Lakeland Marine Farms Ltd. Marine Fish Farm Consultation. Proposed Marine Fish Farming Site, Ardifuir, Loch Craignish.

Decision

To be continued for hearing on 27 May 2002 at 2.00 p.m. in the Council Chambers, Kilmory, Lochgilphead.

2. 02/00185/DET Inverloch Cheese Co. Detailed. Extension to Cheese Processing Unit, Kirk Street, Campbeltown.

Decision

That the application be approved subject to the conditions contained in the report by Director of Development and Environment Services dated 12 April 2002.

3. 02/00208/COU Tarbert Youth Group. Change of Use. Change of use from Class 1 Retail to Class 10 Youth Information and Drop-in Centre, Unit 1 Argyll House, Harbour Street, Tarbert.

Decision

That planning permission be refused for the reasons contained in the report by Director of Development and Environment Services dated 15 April 2002.

4. 02/00350/COU Morrison Bowmore Distillers Ltd. Change of Use. Change of use of retail premises to form self-catering accommodation for distillery guests, Islay Campbell Electrical, The Square, Bowmore, Isle of Islay.

Decision

That the application be approved subject to the standard time limit condition and reason and the conditions and reasons contained in the report by Director of Development and Environment Services dated 16 April 2002.

Page 8 Page 65

5. 02/00376/DET Mr A R McGregor. Detailed. Erection of 2 storey dwelling, installation of related sewage treatment plant and oil storage tank, Achavit, Dunmore, Tarbert.

Decision

That planning permission be granted subject to the standard time limit condition and reason, the additional conditions and reasons set out in report of 19 March 2002, and the additional condition detailed in the supplementary report dated 27 March 2002 by Director of Development and Environment Services.

6. 02/00616/COU Alexander Dunnachie. Change of Use. Change of use of land to form parking area for 3 mini buses for a temporary period of 12 months, Ground opposite number 12 & 13 Burnside, Craighouse, Isle of Jura.

Decision

That the application be approved for a temporary period of 12 months only from the dated of consent contained in the report by Director of Development and Environment Services 16 April 2002.

Page 9 Page 66

Appendix II

JURA LINKS FOR EVENING PLANE

Passenger on Bus Ferry Plane A.

(Foot passenger) √ √

B. X √

(car at airport)

C. √ Late Plane √

√ Means Advise 1. Bus Driver who will call in to airport and

2. Serco Denholm, the ferry operator, on 01496 840681

It would be helpful if Jura residents/visitors could remind the cabin staff of this policy

Page 10 Page 67 Agenda Item 4h

ARGYLL AND BUTE COUNCIL

MINUTES of MEETING of OBAN, LORN AND THE ISLES AREA COMMITTEE held in the PORT APPIN HALL on WEDNESDAY 8 MAY 2002.

Present: Councillor David Webster (Chairman)

Councillor Robin Banks Councillor Allan Macaskill Councillor Campbell Cameron Councillor Alistair MacDougall Councillor Ian Gillies Councillor Duncan MacIntyre

Attending: Kenneth Macdonald, Area Corporate Services Manager Donald Kelly, Chief Solicitor Jane Gillies, Local Services Assistant Hugh Blake, Estates Surveyor George Harper, Director of Development & Environment Services John McIver, Senior Planning Officer Neil MacKay, Planning Manager Gordon King, Senior Building Control Officer Iain Welsh, Area Amenity Services Manager Iain MacKinnon, Environmental Health Officer Gwilym Gibbons, Area Facility Manager David Craig, Area Community Education Officer Alex Taylor, Area Service Manager, Social Work Neil Brown, Area Transportation Manager

Apologies: Councillor Donald McIntosh Inspector Angus McIntosh, Strathclyde Police

The Chairman ruled, and the Committee agreed, in terms of Section 50B(4)(b) of the Local Government (Scotland) Act 1973 in terms of Standing Order 3.2.2, that items 17 and 23, which were not specified in the Agenda, should be considered at this meeting as a matter of urgency because of the need for a decision to be taken prior to the next meeting.

1. DECLARATIONS OF INTEREST

Councillor Robin Banks declared an interest in regard to the application for financial assistance from the Oban & Lorn Strathspey & Reel Society, which is dealt with at item 9 of the Minute.

2. MINUTES

The Committee approved the following Minutes:

(a) Meeting of the Area Committee held on 3 April 2002; and (b) Meeting of the Soroba Area Development Group held on 21 February 2002.

3. BONAWE QUARRY LIAISON GROUP

The Committee considered report dated 15 April 2002 by the Area Corporate Services Manager in regard to activities of the Bonawe Quarry Liaison Group since March 2001.

Decision:

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Agreed that the Area Corporate Services Manager submit a further report to the next meeting in regard to the mechanism for the Group liaising with the Ardchattan Community Council and Local Authority as per the agreed Code of Practice.

Arising from this concern was expressed in regard to difficulties of traffic congestion at times of funeral services and the requirement for more passing places.

(Ref: Report dated 15 April 2002 by the Area Corporate Services Manager, submitted)

4. APPLICATIONS FOR BUILDING WARRANTS AND RELAXATION OF THE BUILDING STANDARDS REGULATIONS

The Committee noted Building Warrants and Relaxation of the Building Standards Regulations in respect of which approvals had been issued since the last meeting.

(Ref: List of approvals, submitted)

5. APPLICATIONS FOR PLANNING PERMISSION

The Committee noted applications for planning permission in respect of which delegated decisions had been made since the last meeting was submitted and noted.

(Ref: List of delegated decisions, submitted)

The Committee also considered and dealt with the following applications for planning permission:-

Ref. No. Narrative

1. 02/00020/OUT Romac Properties - Outline application - Site for the erection of two dwelling houses - Land east of Mossfield Cottage, Oban. Refused for the reasons set out in the report dated 12 April 2002 by the Head of Development & Building Control . 2. 02/00097/MFF Mr D.Wilson – Marine Fish Farm Consultation – Relocation of Fish Farm – Loch Spelve, Isle of Mull. After consideration of Supplementary Report No.1 dated 2 May 2002 by the Head of Development & Building Control, it was agreed that no objections to the proposal be raised subject to the following restrictions: (a) The existing lease for Site 2 shall be revoked and the equipment approved under the lease for Site 3 shall be reduced from 5 longlines @ 100 metres long to 3 longlines @ 100 metres long; (b) The equipment within the new lease area shall not exceed five longlines, each 200 metres in length. Each of these longlines shall contain no more than 750 dropper ropes per longline; and (c) All visible equipment shall be finished in a dark grey matt colour in order to minimise the visual impact of the development.

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3. 02/00118/COU Mr A.G.Walker – Application for change of use – Change of use of play area to residential garden ground – Tramway Cottages, Ellenabeich, Isle of Seil. Approved, as a justified departure from the Local Plan, subject to (a) the conditions set out in the report dated 10 April 2002 by the Head of Development & Building Control; and (b) submission of a written request for revocation of the existing Section 50 agreement.

4. 02/00160/DET Mr R.Harper – Detailed application – Culverting of Burn - Lataska, Polvinister Road, Oban. Refused for the reasons set out in the report dated 12 April 2002 by the Head of Development & Building Control.

5. 02/00246/DET Mr & Mrs M.McSweeney - Detailed application - Erection of a dwelling house - Land adjacent to Balvicar Boatyard, Balvicar, Isle of Seil. Withdrawn.

6. 02/00276/DET Strathclyde Fire Brigade – Detailed application - Erection of a fire garage (volunteer station) - Land west of No.2 Sunset, Tynribbie, Appin. Approved, subject to (a) conditions 1-3 set out in the report dated 16 April 2002 by the Head of Development & Building Control; (b) condition no.4, subject to the amendment of the second sentence to read ‘Such details shall include full details of the location, type, angle of direction and wattage of each light, which shall be positioned and angled downwards to prevent any glare or light spillage outwith the site boundary’; and (c) a Section 75 agreement to secure control over the required visibility splays of 2.5 metres x 90 metres in each direction.

7. 02/00378/DET Baptist Union of Scotland – Application for temporary consent – Temporary siting of a mobile home for short term residential use – Bunessan Baptist Church, Bunessan, Isle of Mull. Approved subject to (a) condition no.3 set out in the report dated 18 April 2002 by the Head of Developemt & Building Control; (b) the amendment of condition no.1 to read ‘This permission shall cease on or before 10th May 2003 and immediately thereafter the mobile home hereby permitted shall be removed from the site and the land restored in accordance with the reinstatement details specified in condition no.3’; and (c) the amendment of condition no.2 to read ‘The occupation of the temporary mobile home hereby approved shall be limited to a person solely working at the Baptist Church in Bunessan’.

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8. 02/00414/OUT Mr & Mrs B.Thompson – Outline application – Erection of dwelling house – Land south west of Gallanachmore Cottage, Oban. Agreed that consideration of this application be continued to allow a site inspection to be held.

9. 02/00418/DET Miss C.Toogood – Detailed application – Erection of a dwelling house – Land adjacent to Beechwood, Barcaldine. Approved subject to (a) conditions 1-3 set out in the report dated 5 April 2002 by the Head of Development & Building Control; and (b) condition 4, subject to the amendment of ‘including’ to ‘included’.

10. 02/00422/DET Mr & Mrs B.Donn – Detailed application – Erection of a dwelling house – Garden ground of Sheridan, Polvinister Road, Oban. Approved subject to the conditions set out in the supplementary report no.1 dated 24 April 2002 by the Head of Development & Building Control.

11. 01/01926/DET Julie and Paul Campbell-Roberts – Detailed application – Erection of a dwelling house – Land south of Cuil Righ, North Connel, by Oban. Approved, subject to (a) the conditions set out in the supplementary report no.2 dated 19 April 2002 by the Head of Development & Building Control; and (b) a Section 75 Agreement to cover the points set out in the aforementioned report.

6. DEVELOPMENT CONTROL PERFORMANCE MONITORING

The Committee considered report dated 16 April 2002 by the Director of Development & Environment Services in regard to the Development Control performance with respect to processing planning applications as set against the performance target set in May 2001.

Decision:

Agreed:

(a) to note and endorse the contents of the report; (b) to a Council wide target of deciding 70% of all planning applications within two months for the period April 2002 to March 2003, representing a 4% increase in performance in real terms; (c) to set a target of deciding 90% of all householder applications within two months; and (d) that the target for the Oban, Lorn & the Isles area for the period April 2002 to March 2003 be set at 70%.

(Ref: Report dated 16 April 2002 by the Director of Development & Environment Services, submitted)

7. BUILDING CONTROL PERFORMANCE MONITORING

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The Committee considered report dated 15 April 2002 by the Director of Development & Environment Services in regard to the Building Control performance with respect to processing building control applications in accordance with the requirements of the Accounts Commission.

Decision:

Agreed to note the contents of the report and, in particular, the continuous improvement in building control performance over the past 3 years.

(Ref: Report dated 15 April 2002 by the Director Development and Environment Services, submitted)

8. ACTIVITIES AT THE CORRAN HALLS, OBAN

The Committee considered, and noted report by the Development Manager, Corran Halls in regard to forthcoming events at the Corran Halls, Oban.

(Ref: Report by the Development Manager, Corran Halls submitted)

9. APPLICATIONS FROM VOLUNTARY ORGANISATIONS FOR FINANCIAL ASSISTANCE UNDER THE LEISURE DEVELOPMENT GRANTS SCHEME.

The Committee considered applications from voluntary organisations for financial assistance under the Leisure Development Grants Scheme as follows:

Applicant Narrative Project Cost Decision

Isle of Seil Sports 21st Highland £4,014.55 No grant Club Games

Eilean Eisdeal Trust Arts Programme £3,410.00 Grant of £ 840

Taynuilt Sports All weather facility £36,000.00 Grant of £ 3,000 Club

Isle of Seil Golf Purchase of tractor £4,300.00 Grant of £ 1,000 Club

Oban & Lorne 2002 Fiddlers Rally £1,100.00 Grant of £ 150 Strathspey & Reel subject to the Society provision of receipted accounts.

Luing Golden Jubilee event £495.00 Grant of £ 115 Jubilee Celebrations

Luing History Historical £451.52 Grant of £ 225 Group exhibition

Total £5,330

10. ARGYLL AND BUTE CORE PATH NETWORK PROJECT

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The Committee heard, and noted, a presentation by the Access Project Manager, Rona Gibb, on matters relating to the project.

11. APPLICATIONS FROM VOLUNTARY ORGANISATIONS FOR FINANCIAL ASSISTANCE UNDER THE EDUCATION DEVELOPMENT GRANTS SCHEME

The Committee considered applications from voluntary organisations for financial assistance under the Education Development Grants Scheme as follows:

Applicant Narrative Project Cost Decision

2nd and 5th Oban Visit to Paris £10,265 Grant of £1,000 Brownies

Oban Youth & Operational Costs £30,750 Grant of £15,000 Community Association

Total £16,000

(Ref: Report by the Area Community Education Officer, submitted)

12. ROADS MAINTENANCE WORKS PROGRAMME 2002/2003

With reference to the Minute of the meeting of the Area Committee held on 3 April 2002 when it was agreed to approve the surface dressing programme to the value of £347,000 as set out in the Area Transportation Manager’s report, and that consideration of the remainder of the programme be continued to the next meeting, the Committee considered a further report by the Area Transportation Manager in regard to the proposed roads maintenance works programme for 2002/2003.

Decision:

Agreed:

(a) the proposed programme set out in appendix A to the report; (b) to approve the proposals in Appendix B for utilising the additional £180,000 received from the Scottish Executive; (c) to note the routine and winter allocations in Appendix C; and (d) to continue consideration of the proposed utilisation of the possible surplus in the car parking operation to a future meeting when Area Strategy funding is being discussed.

Arising from this it was agreed that the Area Transportation Manager submit a report to a future meeting in regard to the 2001/2002 winter maintenance expenditure.

(Ref: Report by the Area Transportation Manager, submitted)

13 PUBLIC QUESTION TIME

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D Hutchison, Welcomed the Area Committee to Port Appin, and Appin Community Council requested that the issue of bus services / subsidies be reviewed in light of the fact that Appin and Port Appin are not well served by the current arrangements.

M Rayworth, Referred to the dangerous bend at the Port Appin shop, Appin Community Council and requested that in addition to the chevron sign currently in place, white lines be put in around the bend to help guide motorists. The Area Transportation Manager advised that it is intended to edge line the entire Tynribbie to Port Appin road this financial year.

Ms M Watson, Requested information in regard to the level of inspection Polvinister Road of roads repair work, specifically pot-hole repairs, by Transportation Services. The Area Transportation Manager advised that it is impractical to do more than spot checks. He undertook to check the work specifically raised by Ms Watson, and to submit a report thereon to the next committee.

John Livingstone, Lismore Ferry revised timetable welcome, as is the Lismore Community service provision by Foster Yeoman, but concerned that Council gap may be filled during the imminent refit by an unsuitable vessel. The Area Transportation Manager advised that he is aware of the concerns and no decision has yet been taken.

Norma Black, Expressed concerns in regard to the length of time taken Lismore Community by Transportation Services to effect repair work on roads Council on Lismore, and asked that consideration be given to the appointment of a part-time roadman on the island. The Area Transportation Manager advised that the possibility is being investigated of appointing a contractor to carry out such works in the future. It was agreed that the Directors of Development & Environment Services and Transportation & Property Services investigate the possibility of cross-service working and report back to a future meeting.

The Committee resolved in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, to exclude the public from the following items of business on the grounds that consideration of these items was likely to involve the disclosure of exempt information as defined in Paragraphs 9 and 13 of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

14 PROPOSALS FOR UTILISATION OF FUNDING ALLOCATED TO AREA COMMITTEE

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The Committee considered proposals received for consideration for funding from the £200,000 (£100,000 Capital and £100,000 Revenue) allocated in the current financial year.

Decision:

Agreed that this be continued to next meeting.

(Ref: Report dated 26 April 2002 by the Area Corporate Services Manager, submitted)

15 PROPOSED GROUND LEASE – 13 MILL LANE, LOCHAVULLIN, OBAN

The Committee considered report dated 18 April 2002 by the Director of Corporate & Legal Services in regard to a proposed ground lease at 13 Mill Lane, Lochavullin, Oban.

Decision:

Agreed to note the contents of the report, and to instruct the Director of Corporate & Legal Services to conclude a Minute of Lease. It was further agreed that a report be submitted to the next meeting in regard to the period of vacancy of the site.

Arising from this it was agreed that the site be leased in the interim, on a day to day basis, to Munro’s Garage for the parking of vehicles.

(Ref: Report dated 18 April 2002 by the Director of Corporate & Legal Services, submitted.)

16 PROPOSED ASSIGNATION OF LEASE – 4 MILL PARK, OBAN

The Committee considered report dated 18 April 2002 by the Director of Corporate & Legal Services in regard to a proposed assignation of lease in respect of 4 Mill Park, Oban.

Decision:

Approved the proposed assignation.

(Ref: Report dated 18 April 2002 by the Director of Corporate & Legal Services, submitted.)

17 STREET TRADERS SITE - CORRAN HALLS

The Committee considered report dated 7 May 2002 by the Director of Corporate & Legal Services in regard to an offer received in respect of the street trader’s site at the Corran Halls, Oban.

Decision:

It was agreed to offer the site to Mrs Smith for lease until 27th September 2002.

(Ref: Report dated 7 May 2002 by the Director of Corporate & Legal Services, submitted.)

18 GANAVAN

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The Committee considered report dated 16 April 2002 by the Director of Corporate & Legal Services in regard to the current status of negotiations in respect of the operation of subjects belonging to the Council at Ganavan.

Decision:

The Director of Corporate and Legal Services was instructed to negotiate and conclude an appropriate management agreement for an 18 month period on the terms outlined in the report.

(Ref: Report dated 16 April 2002 by the Director of Corporate & Legal Services, submitted)

19 NORTH PIER, OBAN

The Committee welcomed the proposed developer and his agents to the meeting. The Committee were advised of proposed changes to the existing contract with the Council, specifically the deferral of the existing backstop date for the obtaining of consents and the commencement of works, in light of the alterations to the proposed development deemed by the developer to be necessary in response to current circumstances.

Decision:

It was agreed that the backstop date for the obtaining of consents be put back one year to 31 October 2003, and that the backstop date requiring work to be commenced by 30 November 2002 be amended to 30 November 2003, subject to confirmation from Directors of Development & Environment Services, Transportation & Property Services and Corporate & Legal Services, that revised development proposals accord with the original brief.

(Ref: Report dated 16 April 2002 by Director of Corporate & Legal Services, submitted)

20 PROPOSED SERVING OF ORDERS UNDER SECTION 10 OF THE BUILDING (SCOTLAND) ACT 1959/70

The Committee considered, and approved report dated 17 April 2002 by the Director of Development and Environment Services in regard to the proposed making and serving of an Order in terms of Section 10 of the Building (Scotland) Act 1959/70 in respect of unauthorised building operations.

(Ref: Report dated 17 April 2002 by the Director of Development & Environment Services, submitted.)

21 DEVELOPMENT CONTROL ENFORCEMENT ACTIVITY – OBAN, LORN & THE ISLES AREA

The Committee considered report by the Head of Development & Building Control in regard to the level of planning enforcement activity during the last twelve months within Oban, Lorn & the Isles, and proposing performance targets for the year 2002-2003.

Decision:

Agreed the targets set out in the report.

(Ref: Report by the Head of Development & Building Control, submitted)

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22 ENFORCEMENT ACTION

The Committee considered issues of enforcement action as follows:

Reference Decision

99/00107/ENFOTH Noted.

02/00042/ENF Agreed the terms of the report

23 TREE PRESERVATION ORDER

The Committee considered, and approved, report dated 3 May 2002 by the Head of Development and Building Control in regard to a provisional Tree Preservation Order at Appin.

(Ref: Report dated 3 May 2002 by the Head of Development & Building Control, submitted.)

24 EXECUTION OF DEEDS

The Committee considered, and noted report dated 17 April 2002 by the Director of Corporate & Legal Services in regard to formal deeds and documents executed between 22 February and 16 April 2002.

(Ref: Report dated 17 April 2002 by the Director of Corporate & Legal Services, submitted)

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ARGYLL AND BUTE COUNCIL

MINUTES of MEETING of STRATEGIC POLICY COMMITTEE (EDUCATION) held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on THURSDAY, 9 MAY 2002

Present: Councillor Allan Macaskill (Chair)

Councillor Robin Banks Councillor Billy Petrie Councillor George Freeman Councillor Dick Walsh Councillor Ian Gillies Councillor David Webster Councillor Ronald Kinloch Sandra Shanks Councillor Duncan MacIntyre Jane Brown Councillor Donnie MacMillan

Also Present: Councillor Robin Currie Councillor James McQueen Councillor Gordon McKinven Councillor Bruce Robertson

Attending: James McLellan, Chief Executive Nigel Stewart, Director of Corporate & Legal Services Archie Morton, Director of Education

Apologies: Councillor Alastair McKinlay Alexandra Montgomery Rev. Roy Flatt

1. MINUTES

The Minutes of the Strategic Policy Committee (Education) of 27 March 2002 were approved as a correct record.

2. EDUCATION AND LIFELONG LEARNING

The Spokesperson for Education and Lifelong Learning, Councillor Dick Walsh submitted a report summarising the issues that he had been involved in recently including NPDO update, National Debate on Education, Queen’s Golden Jubilee, Oban High School Official Opening, Drumlemble Primary School and New Opportunities Fund. The spokesperson highlighted some particular issues contained in his report and responded to a number of comments and questions.

Decision

Noted the terms of the report.

(Ref: Report by spokesperson dated 17 April 2002, submitted).

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3. SENIOR PUPIL FORUM

The Committee considered a proposal that senior school age pupils should have the opportunity to participate in a Senior Pupil Forum and membership of the Forum will be open to full time students who are in the fifth or sixth year of any publicly funded Argyll and Bute Secondary School.

Decision

Agreed that a Senior Pupil Forum be established in Argyll and Bute.

(Ref: Report by Director of Education dated 29 April 2002, submitted).

* 4. LOCAL FRAMEWORK RECOGNITION AND PROCEDURE AGREEMENT

The National Agreement reached following recommendations made in the McCrone Report provided for the establishment of a Joint Negotiating Committee for Argyll and Bute. The Committee will have responsibility to negotiate certain conditions of service and other local matters related to the organisation of the Education Service and the Council is now required to establish this Committee and agree its terms of reference.

Decision

Agreed to recommend to the Council that the local Negotiating Committee be established in terms of the Framework Document attached as appendix 1 to the Director of Education’s report.

(Ref: Report by Director of Education dated 9 April 2002, submitted).

Strat pol ed 9 May

2 Page 79 Agenda Item 4j

ARGYLL AND BUTE COUNCIL

MINUTES of MEETING of STRATEGIC POLICY COMMITTEE held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on THURSDAY, 9 MAY 2002

Present: Councillor Allan Macaskill (Chair)

Councillor Robin Banks Councillor Duncan MacIntyre Councillor George Freeman Councillor Donnie MacMillan Councillor Ian Gillies Councillor Dick Walsh Councillor Ronald Kinloch Councillor David Webster

Also Present: Councillor Robin Currie Councillor James McQueen Councillor Gordon McKinven Councillor Bruce Robertson

Attending: James McLellan, Chief Executive Nigel Stewart, Director of Corporate & Legal Services Douglas Hendry, Director of Housing & Social Work Alistair Gow, Director of Transportation & Property Services Bruce West, Head of Accounting

Apologies: Councillor Alastair McKinlay Councillor Billy Petrie

1. NOTICE OF MOTION UNDER STANDING ORDER 14

The Director of Corporate & Legal Services advised that in terms of Standing Order 14 the following Notice of Motion by Councillor Kinloch, seconded by Councillor Freeman had been received for consideration as a matter of urgency at this meeting:-

“That the Strategic Policy Committee directs in terms of Section 2, Para 2.1.5(3) of the Scheme of Administration & Delegations that the decision taken by the Helensburgh & Lomond Area Committee on 7 May 2002, in terms of which the Area Committee allocated the provision made available by the Council for 2002/03 of £100,000 revenue and £100,000 capital, be referred for consideration by the Council.”

The Chairman ruled that he considered that the Motion was urgent as the Council had agreed that Area Committees should agree their Programmes by 30 June 2002. In order to meet that timescale the matter would require to be considered by the Council by the Meeting on 27 June 2002. In addition, it was in the interests of Officers who need to know whether they are to implement the Area Committee’s decision of 7 May 2002.

The Committee agreed to consider the Motion and this is dealt with at item 14 of these minutes.

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2. MINUTES

(a) The Minutes of the Policy Development Group on Aquaculture of 9 April 2002 were noted.

(b) The Minutes of the Policy Development Group on European Issues dated 11 April 2002 were noted

(c) The Minutes of the Strategic Policy Committee of 18 April 2002 were approved as a correct record.

3. PUBLIC TRANSPORT AND EDUCATION TRANSPORT BUDGETS 2002/2003

Previously the Strategic Policy Committee on 18 April 2002 had agreed to adjust the relevant levels of Education and Transportation Budgets by virement in order to make a more accurate reflection of the costs of providing school and public transport services. A check identified an arithmetic error in the table included within the original report and a correct version of the table was submitted.

Decision

That the required level of virement from Transportation & Property to Education be £684,000.

(Ref: Report by Director of Transportation & Property dated 29 April 2002, submitted.)

4. HOUSING, SOCIAL AND HEALTH ISSUES

In the absence of the spokesperson for Housing, Social and Health Issues, the Director of Housing & Social Work submitted a report highlighting the current issues for his department which were the Strategic Joint Management Post, Local Partnership Agreement, Proposed Integration Team Structure, Personnel, Aligned Budgets, the Joint Single Shared Assessment and the HRA Capital Programme.

Decision

Noted the terms of the report.

(Ref: Report by Director of Housing & Social Work dated 9 May 2002, submitted).

5. REVENUE BUDGET 2002/03 – ADDITIONAL AGGREGATE EXTERNAL FINANCE (AEF)

The Committee considered information with regard to additional AEF allocated to Housing & Social Work within the Council’s Revenue Budget for 2002/03 namely Rough Sleepers Initiative, Supporting People, Free Personal/Nursing Care and Department of Works and Pensions Transfers.

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Decision

Agreed to note the position.

(Ref: Report by Director of Housing & Social Work dated 1 May 2002, submitted).

6. PROPOSAL FOR JOINT FUTURE INTEGRATION TEAM

The Scottish Executive Circular entitled “Joint Future Agenda – Implementing the Bottom Line from 1 April 2002, full implementation from 2003” outlined the steps taken by Councils, Health Boards and Trusts to achieve implementation of its recommendations. The Committee considered a proposed Joint Structure required for that purpose.

Decision

The Committee approved, in principle, the creation of an Integration Team (Health, Housing & Social Work), consisting of:-

Head of Integrated Adult Care Services Accountant IT Officer Integration Assistant (Administration)

Agreed that the Director of Housing & Social Work and Head of Integrated Adult Care Services seek to secure funding from the Health & Community Care budgets to provide those posts and report back to the Strategic Policy Committee in due course.

(Ref: Report by Director of Housing & Social Work dated 8 April 2002, submitted).

7. RESOURCE ISSUES

The Spokesperson for Resource Issues, Councillor George Freeman submitted a report summarising the issues he had been involved in recently including Council Tax and Non-Domestic Rates Collections, Collection of Water & Sewerage Charges, Risk Management, Council Insurance, Budget for 2003/2004 and Future National Insurance Costs. The Spokesperson highlighted some particular issues contained in his report and responded to a number of comments and questions.

Decision

Noted the terms of the report.

(Ref: Report by Spokesperson dated 9 May 2002, submitted).

* 8. MID ARGYLL, KINTYRE & ISLAY AREA STRATEGY

The Mid Argyll, Kintyre & Islay Area Committee submitted their Area Strategy which was endorsed at their meeting on 3 April 2002.

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Decision

Noted the Mid Argyll, Kintyre & Islay Area Strategy.

(Ref: Mid Argyll, Kintyre & Islay Area Strategy and Extract of Area Committee of 3 April 2002, submitted).

9. REVIEW OF SUMMARY JUSTICE – CONSULTATION PAPER

The Scottish Executive had set up a Review Committee to look at the provision of Summary Justice in Scotland, including the inter-relationship between the Sheriff Courts and District Courts, and to make recommendations for a more effective and planned delivery of summary justice in Scotland. A consultation document had been circulated to all Argyll & Bute Bench Serving Justices setting out “first order” issues and a further document on “second order” issues will be forthcoming.

Decision

Noted that the Review of Summary Justice was under way.

(Ref: Report by Director of Corporate & Legal Services dated 22 March 2002, submitted)

10. PROFILING OF CAPITAL EXPENDITURE

Caledonian Economics Limited were commissioned by the Chief Executive to report on the profiling of the Capital Expenditure within Argyll & Bute Council. The consultants recommendations were considered by the Committee.

Decision

Agreed to the recommendations as detailed in the appendix to the report by the Chief Executive.

(Ref: Report by Chief Executive dated 23 April 2002, submitted.

11. CORPORATE HEALTH AND SAFETY PLAN 2002/2003

The Council’s General Statement of Health & Safety Policy required the Chief Executive to prepare an annual health & safety Plan. The purpose of the plan is to review the position of the Council, reaffirm the Council's goals, values and objectives for health & safety and to provide a guide for Directors to enable them to manage health & safety by a planned corporate approach.

Decision

The Corporate Health & Safety Plan for 2002/2003 was noted.

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(Ref: Corporate Health & Safety Plan 2002/2003 by Chief Executive dated April 2002, submitted).

12. SCOTTISH SOCIALIST PARTY CONFERENCE

The Bute Branch of the Scottish Socialist Party had written to the Council requesting that the fee for the use of Council facilities on Bute be waived for their party conference in March 2003, if the Party were to hold the conference there.

Motion

To continue consideration of this issue to the next Strategic Policy Committee to enable the Director of Development & Environment Services to bring forward a properly costed package to promote conference business in Argyll & Bute.

Moved by Councillor Walsh, seconded by Councillor Macaskill

Amendment

That this Council agrees to let Rothesay Pavilion to the Scottish Socialist Party in March 2003 with no rental for a 2 day conference and request officers, at an early date, to bring forward a policy document on use of Council facilities by external organisations/conferences.

Moved by Councillor Gillies, seconded by Councillor Freeman

Decision

The Motion was carried by 5 votes to 4 and the Committee resolved accordingly.

(Ref: Letter dated 22 April 2002 from the Scottish Socialist Party, submitted).

* 13. COLUMBA GAELIC CENTRE, ISLAY – REQUEST FOR FINANCIAL ASSISTANCE

The Committee considered a request for capital funding of £50,000 from the Board of Directors of Ionad Chaluim Chillie Ile (ICCI), a charity established to provide a centre on Islay for the interpretation and enjoyment of Gaelic language and culture, history and heritage.

Motion

That Committee agree to the request for Capital funding of £50,000 to be funded from the Disability Discrimination Act 1995 (Kilmory phase 1) within the Admin Buildings and Depot budget of the Capital Programme and that an equivalent amount be restored to the Programme in April 2003.

Moved by Councillor Macaskill, seconded by Councillor Banks

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Amendment

That no action be taken.

Moved by Councillor Walsh, seconded by Councillor Kinloch

Decision

The Motion was carried by 5 votes to 3 and the Committee resolved accordingly.

(Ref: Report by Director of Development & Environment Services dated 9 May 2002, submitted).

* 14. CAPITAL AND REVENUE ALLOCATION TO AREA COMMITTEES 2002/2003 – NOTICE OF MOTION UNDER STANDING ORDER 14

In terms of Standing Order 14 the following Notice of Motion had been received for consideration at this meeting.

“That the Strategic Policy Committee directs in terms of Section 2, Para 2.1.5(3) of the Scheme of Administration & Delegations that the decision taken by the Helensburgh & Lomond Area Committee on 7 May 2002, in terms of which the Area Committee allocated the provision made available by the Council for 2002/03 of £100,000 revenue and £100,000 capital, be referred for consideration by the Council.”

Decision

The Committee resolved in terms of the Motion.

(Ref: Notice of Motion by Councillor Kinloch, seconded by Councillor Freeman, tabled)

The Committee resolved in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, to exclude the public for the following 2 items of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraph 3 and 3 respectively of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

15. REQUEST FOR FINANCIAL ASSISTANCE

The Committee considered a request for financial assistance to purchase a residential caravan.

Decision

The Committee agreed that the request be not approved.

(Ref: Report by Director of Housing & Social Work dated 5 April 2002, submitted)

6 Page 85

16. FUNDING AN EXTRAORDINARY CARE PLAN FOR A SERVICE USER

The Committee considered a proposal to provide a comprehensive package of care in conjunction with the Local Health Care Co-operative, NHS Argyll and Argyll & Bute Council, for a client.

Decision

1. Agreed to support the implementation of the proposed care plan.

2. Agreed the recommendation from the Director of Housing & Social Work to provide the management and implementation of the care package from Domicilliary Care Scotland.

(Ref: Report by Director of Housing & Social Work dated 18 April 2002, submitted).

Strat pol 9 May

7 Page 86 Page 87 Agenda Item 4k 1

ARGYLL AND BUTE COUNCIL

Minute of meeting of Bute and Cowal Area Committee held in the Queen’s Hall, Dunoon on 22nd May 2002.

Present: Councillor J. R. Walsh in the Chair

Councillor Currie Councillor McQueen Councillor Chennell Councillor Marshall Councillor Macintyre Councillor Scoullar

Attending: Susan Mair, Head of Legal Services George B. McKenzie, Area Corporate Services Manager Alan Lothian, Area Manager, Transportation and Property Superintendent A Dewar, Strathclyde Police Chief Inspector J. Donnelly, Strathclyde Police Inspector S. Olej, Strathclyde Police

Also Present: Mr D Hatcliffe, County Grand Secretary, Loyal Orange Institution of Scotland Mr G Gardiner, Loyal Orange Institution of Scotland

1. APOLOGIES FOR ABSENCE

A letter from Councillor Strong which contained an apology for absence was read to the meeting.

2. DECLARATION OF INTEREST

Councillor Macintyre declared a non-pecuniary interest in terms of the National Code of Local Government Conduct in the business which is dealt with at Item 4 of this Minute because he had submitted a letter of representation regarding the proposed procession. He withdrew from the Committee and took no part in the Committee’s deliberations on this item. At the point in the meeting where the Committee heard from a number of those who had submitted letters of representation, Councillor Macintyre spoke to his letter as a member of the public.

3. MINUTE OF MEETING

The Minute of the meeting of the Area Committee of 29 April 2002 was approved as a correct record.

4. COUNTY GRAND LODGE OF AYRSHIRE, RENFREWSHIRE AND ARGYLL – PROPOSED PROCESSION – 6 JULY 2002

The County Grand Lodge of Ayrshire, Renfrewshire and Argyll had given notice, in terms of Section 62 of the Civic Government (Scotland) Act 1982, of

Mins – Hearing 22.05.02 Page 88 2 an intention to hold its annual Boyne Celebration Parade in Dunoon on 6 July 2002. The procession was to consist of approximately 3,200 – 3,500 members of the organisation with their bands and would be controlled by 200 of their marshals while on the procession. The organisers intended that the procession would commence at 12.30 pm and follow a circular route from Dunoon Stadium, Sandbank Road/Argyll Street, Queen Street, Alexandra parade, Pier Esplanade, Tom-a-Mhoid Road, Hillfoot Street, Ferry Brae, Argyll Street/Sandbank Road returning to the Stadium at approximately 1.45/2.00 pm.

At its meeting on 29 April 2002, the Committee had considered a report by the Director of Corporate and Legal Services which (amongst other things) drew attention to the following:-

(a) Observations, but not objections, made by Strathclyde Police who had been consulted about the proposal;

(b) Observations on certain traffic management measures, but not objections, by the Director of Transportation and Property Services who had been consulted about the proposal;

(c) 117 letters of representation which had been received from members of the public or on behalf of local organisations, most of which had expressed concern about the proposed procession;

(d) The provisions of Sections 62 and 63 of the Civic Government (Scotland) Act 1982;

(e) That the statutory provisions in the Act were predicated on the basis that a person or persons were not required to seek a permission to hold a procession in a public place and that in considering matters of this type, regard must also be had to the European Convention of Human Rights; in particular Article 11 regarding the right to freedom of peaceful assembly and to freedom of association with others and the ECHR provision that no restrictions should be placed on the exercise of these rights other than such as are necessary in a democratic society in the interests of, inter alia, public safety, the prevention of disorder and crime, and the protection of the rights and freedoms of others;

(f) Recent court cases, including in Scotland, which indicated that there should be a presumption in favour of marches being permitted, unless they raised significant public order or road safety concerns;

(g) That, whilst a number of people in the local community had expressed concern about the prospects of the procession, the information which was available following consultation with the Chief Constable and the Director of Transportation and Property Services would appear to indicate there to be no grounds for the Council to make any Order in terms of the Act;

Mins – Hearing 22.05.02 Page 89 3

(h) That if the Committee had public order or road safety concerns a meeting of the Committee should be held at which the organisers, Strathclyde Police, Transportation and Property Services and those who had made written representations (if they wished) should have the opportunity of being heard, prior to the Committee determining whether or not it was appropriate for the Council to make any Order in terms of the Act.

The Committee, at that meeting, had also received a petition of 379 signatures making representations against the holding of the procession.

The Chairman reminded the Members that the Committee on 29 April had decided to hold this meeting on the basis and for the purpose outlined in sub- paragraph (h) above.

He intimated that the following additional documents had been submitted to the Area Corporate Services Manager:-

(a) a letter dated 15 May 2002 from the Loyal Orange Institution of Scotland containing relevant case law – copies of this letter and accompanying information had been circulated to all participants in the meeting and public copies had been made available.

(b) a Petition of 427 signatures supporting the Procession, lodged with Corporate Services on 21 May.

The Committee acknowledged receipt of these documents and took account of them in their consideration of the matter.

The Chairman then outlined the procedure for the meeting that had been circulated with the Agenda for the meeting to all named participants and the public attending the meeting and enquired from all those participating whether there were any objections to the proposed procedure, of which there were none.

Following the decision of the Committee on 29 April 2002, the County Grand Secretary, the Chief Constable and the Director of Transportation and Property Services had been invited to be present or represented at this meeting, and those who had submitted written letters of representation had been contacted. The following had indicated their wish to speak further to their written representations – Mr E Kitson, Mr E Hamilton, Mr R Rees, Ms M Young, Mr J Dysart, Ms M Walker, Mr P Pitman (for Dunoon Old and St Cuthbert’s Church), Ms M Paul (for petitioners who had submitted a petition to the Committee on 29 April 2002), Mr J McGoran, Ms J Cheshire, Ms C Conlon, Mr M Breslin, Mr R Macintyre, Rev. P Lang (for Presbytery of Dunoon) and Ms L Pursley (for Dunoon Community Council).

The Area Corporate Services Manager advised the meeting that as the Rev. P Lang had to conduct a funeral the Chairman had agreed that a substitute speaker would represent the Presbytery of Dunoon. P. Pittman would represent Presbytery and Mrs M Tudhope would represent Dunoon Old and St

Mins – Hearing 22.05.02 Page 90 4

Cuthbert’s Church.

D. Hatcliffe, County Grand Secretary of the Loyal Orange Institution of Scotland, Organiser, then addressed the meeting opening with a brief outline to the background and organisation of the Loyal Orange Institution in Scotland and its history in Argyll and Bute.

He said that the intimation to hold a Parade had been lodged following an invitation from the local Branch of the Order to parade in Argyll. He said that this was the first time his organisation had met with confrontation from the local population and over the years the annual Marches in towns of a similar size to, or in some cases smaller than, Dunoon had taken place without incident.

As County Grand Secretary it was his task to deal with all the administration of these Parades and he had a duty to defend the Order’s rights, although he stressed that would be undertaken in a reasonable manner.

He outlined the background to the lodging of the notification to process in Dunoon and he hoped that this meeting could address the issues and problems that seemed to have arisen on this subject.

He then gave details of his Institution’s proposals for their Procession in Dunoon and the arrangements that had been put in hand.

Supt. A. Dewar, Strathclyde Police, on behalf of the Chief Constable, said he would concentrate on the observations already submitted by Strathclyde Police. He confirmed there was no historic precedent to Orange Institution Marches of this size in Dunoon and commented that Dunoon was a coastal holiday town with no sectarian problems. Strathclyde Police had lodged no formal objections against the proposed Procession but had commented that the procession might arouse latent emotional tendencies resulting in disorder. However the Police’s logistical arrangements through mutual aid would be geared to cope with any such possibility.

A. Lothian, Area Manager, Transportation and Property, Argyll and Bute Council, advised that consultation meetings had been held with representatives of the Orange Institution and Strathclyde Police on route management and road safety issues.

Illustrating the route by means of an overhead projector he outlined what measures had been taken to ensure the safety of the marchers and a continuing flow of traffic through Dunoon, the whole duration of the Procession being 1/1.5 hours. Appropriate Temporary Traffic Orders had been prepared and would be advertised locally prior to the event, bus routes had been considered and the procession would be controlled by Police Officers and 200 Marshals provided by the Orange Institution.

His Department had no objections to the Procession and their arrangements should adequately cope with a Procession of 3500 people.

Mins – Hearing 22.05.02 Page 91 5

E. Kitson said he spoke both as local representative of the Scottish National Party and an individual and claimed that the Procession would be contrary to sections the Public Order Act 1936 and detailed his argument. He congratulated the churches in Dunoon for their united stand against the Procession and questioned the level of Christianity in the Orange Institution. He referred to the action by the ‘Nil by Mouth’ anti sectarian group and said he would like to see ‘Nil by Mouth and Foot’ in Dunoon being applied to the proposed procession. He asked the Councillors to prohibit the Procession.

E. Hamilton said that his objection was on the grounds that any such Procession would lead to additional policing and council costs which would have to be met by the local taxpayers.

R. Rees said that the Procession would do nothing for Dunoon, the town was looking for tourist visitors and the prospect of an Orange Institution Procession would frighten people away from the community as well as cause alarm to those who had to live and work there. He referred to the Petition of 379 Signatures and the large number of letters that had been received voicing opposition and concern about the proposed Procession and stated there was no historical precedent for such a large march in Dunoon. He was concerned with the police comment about ‘latent disorder’ and the need for mutual support and invited the Committee to make an Order prohibiting the Procession.

J. Dysart acknowledged that he had nothing personally against individual members of the Orange Institution but Dunoon was an extremely ecumenical town and all this Procession would introduce was the spectre of sectarianism, presently lacking in the community. He acknowledged the Local Orange Order had held small short Processions in the past 3 years but only 30 – 50 people were involved. A procession of approx 3500 would have a drastic effect on a town with a population of less than 12000. He quoted recent figures released by ‘Nil by Mouth’ on the rising incidence of sectarian murders in Scotland and said that he was deeply concerned for his community. He said this meeting was a ‘last chance’ to prevent disorder in the town and he encouraged the representatives of the Orange Order to withdraw their notice on intention to process and asked that instead they participate in an alternative ecumenical parade through the town.

Mrs M. Walker said that she had past experience of an earlier march 20 years ago in Dunoon when fighting ensued after the formal Procession, her daughter was unable to cross the road for fear of injury, local people were injured and vehicles were damaged. She urged the Councillors to avoid a repetition of this event.

Mrs M. Tudhope, speaking on behalf of Dunoon Old and St. Cuthbert’s Church, said that she represented a church congregation of 420. Her church was appalled at the concept of their Roman Catholic friends being put in fear through this Procession coupled with the importing of bigotry into the community. She stressed they did not want the seeds of bigotry sown in

Mins – Hearing 22.05.02 Page 92 6

Dunoon and it was inappropriate for the 21st Century. Argyll and Bute Council had a duty to protect both locals and visitors and their ‘human rights’ had to be taken into consideration in this matter. She was also concerned about the effect on children in the community of the implications of the proposed march. She urged the Councillors to grasp the nettle and prohibit the Procession. She reminded the Councillors that the town’s motto was ‘Forward’. To permit such a procession was not a step forward but a step back.

Mrs Paul, for 379 Petitioners, spoke of time spent in Northern Ireland and the fear and tensions experienced in that community. She anticipated that these same fears and tension would be created in Dunoon, which at present was a quiet town trying to encourage people to come and visit and benefit from that tranquillity. To allow the Procession to take place would only incite bigotry and disruption and lead to long-term reprisal and vandalism. She said that any Procession not including the whole body of the community could only incite hatred and division. She was concerned that the Local Orange Order should have known and recognised these problems before issuing their invitation and her petitioners expressed a general feeling of worry about the prospect of a procession. She also questioned the additional costs to the Police and Council for the event and said that the local taxpayers should not have to bear any additional burden. She asked the Councillors to prohibit the Procession.

J. McGoran said that his business depended upon people visiting from England and Ireland and would be seriously affected by the adverse publicity effects of the proposed Procession and he added the date of the Procession fell upon the start of the Greenock Fair holiday when there would be more than usual tourists in Dunoon. He stressed the letters received by the Council statistically showed that 11-1 of the population of Dunoon were against the Procession, they were not welcome and he questioned why they had decided to come in the first place. He said that he had witnessed Orange Parades elsewhere and that these had always ended in violence. He could see that the only result of this proposed march would be the import of violence into the community.

Mrs Conlon said that she did not want to be confrontational but so far everything she had heard from the earlier speakers was an accurate representation of feeling in Dunoon over this issue. She could not understand why the Orange Institution had chosen Dunoon as their Procession venue and said that if it went ahead it would be a black day for the town. She also questioned the costs of policing and cleaning up after the march.

M. Breslin commented on the written observations by the police that the Procession may raise latent tensions in the community, although they had no formal objection. He considered the Police comments to be muddled and confused. He questioned the advice to the Committee of the Director of Corporate and Legal Services whose words were obviously phrased to avoid subsequent costly court action whereas the Committee should have been advised to act in the public interest.

He then spoke in detail about Section 63 of the Civic Government (Scotland)

Mins – Hearing 22.05.02 Page 93 7

Act 1982 and the grounds on which an order could be made and followed this statement with the grounds for any appeal process.

Based on all that he had heard so far today it was far from clear whether any challenge to an order to prohibit would meet with success in court and he urged the Committee to make an order of prohibition.

R. Macintyre opened by saying he was speaking as an individual member of the public who knew Dunoon well. He could not see that the proposed procession would be of any benefit to the community and it would only lead to disorder and threaten the safety of the community. He had chosen to speak because he felt he had a duty to speak out in opposition to this proposal.

P. Pittman, for Presbytery of Dunoon, said that he had no intention of repeating what had already been said but he echoed the sentiments and statements of the earlier speakers. He said that if this procession took place it would be ‘another nail in the coffin’ of Dunoon and would drive a wedge between the Protestant and Catholic communities. He questioned the route down Queen Street and said that this had been chosen specifically to irritate the Catholic Congregation of St. Munns.

On behalf of the Presbytery he invited the Committee to make an Order prohibiting the procession.

Mrs L. Pursley, on behalf of Dunoon Community Council, said that the Community Council strongly objected to the proposed procession and felt that there was a strong possibility of public disorder if it was allowed to go ahead. Coupled with these feelings was the question of possible criminal damage to businesses along the route and the loss of business during the procession. There would be no compensation for such losses. She did not question the democratic rights of assembly and procession but said that individual rights were just as sacrosanct. She too acknowledged that the local Orange Order had marched in the past and there had been no objection to the 50 or so marchers, but 3200 with 200 Stewards was not acceptable.

She also questioned the policing and Council costs to the local population of the procession and encouraged the Committee to exercise local democracy and prohibit it from taking place, however she acknowledged that that decision could be overturned by subsequent court appeal.

The Chairman thanked everyone for their presentations to the Committee and invited the elected members to put questions to any of the speakers.

Councillor Chennell asked Supt Dewar why the Police report appeared to contradict itself in that there was no formal objection but comment that there may be latent tendencies in the community which might give rise to disorder.

Supt Dewar said that the Police had to plan for every eventuality when dealing with such events and prepare for the unexpected. If he had only to police the procession they would need fewer officers but with no historical

Mins – Hearing 22.05.02 Page 94 8 background to processions of this type in Dunoon he had to ensure sufficient officers were available for any incidents within the community.

Councillor Chennell asked as a supplementary question whether the police task was to control public order.

Supt Dewar said he had to ensure he had enough resources available to control and deter any incidences of public disorder.

Councillor Marshall then asked about the policing costs.

Supt. Dewar responded by saying that there was Divisional budget provision for such events and the costs would be met from that budget.

Councillor Currie said that in his statement Mr Breslin had said that the Committee could prohibit the procession in terms of Section 63 of the Civic Government (Scotland) Act 1982 and had touched on the rights of assembly and procession, and he asked for advice from the Head of Legal Services.

Susan Mair, Head of Legal Services explained in detail the legislative background to notification of public processions, she also outlined case law relative to Street Processions mentioning the EHCR and in particular the case of Aberdeen Bon Accord Orange Lodge 701 against the City Council where judgement by the Sheriff established that the right to assembly also included the right to process through the streets. She also reminded the members of the Committee that any threat to public order or threat of disorder must be clear, substantive and based on fact not merely perceived, and drew their attention to the decision in the appeal by Wishart Arch Defenders Loyal Orange Lodge 404 against a decision by Angus Council. She advised the members that these and other details of relevant case law were contained in the papers which had been circulated to the members and other participants at the meeting.

Councillor Currie then questioned the carrying of batons by Marshals of the Orange Institution.

Mr Hatcliffe confirmed that for at least the last 30 years the carrying of any batons by members of the Institution constituted the carrying of an offensive weapon and they were liable to action by the police leading to prosecution. The Orange Institution also regarded this as a serious offence and would take appropriate action.

Supt. Dewar confirmed that if any Marshall carried a baton or similar implement it would be classed as an offensive weapon and the police would take appropriate action.

The Chairman then asked about the traffic management arrangements and what costs would be involved.

Mr A Lothian, Area Manager, advised the Committee that only the costs of the necessary Traffic Orders and signage would be incurred by the Council.

Mins – Hearing 22.05.02 Page 95 9

There would be no additional staff costs, as staff would only be involved on signage on the Friday and Monday before and after the Procession.

Councillor Chennell then asked Mr Hatcliffe of the Orange Institution if his organisation would be willing to reconsider their response to the invitation to come to Dunoon for their Annual Boyne Celebration Procession

Mr Hatcliffe said that although he had heard some concern voiced about their proposed procession he considered that there was a large body of local politics concerned and although it had been said they were not welcome, a petition of over 400 names in favour of the Procession taking place had been accepted at the start of this meeting. As County Grand Secretary of the Orange Institution he had to pursue their right to assembly and procession.

The Chairman then invited those who had taken part in the meeting to sum up.

Supt. Dewar summed up by saying that the only way he could judge the proposal for this procession was on past experience appropriating the correct resources. In his opinion Strathclyde Police could adequately police the procession and their policing policy would, at the same time, take account of any other outside demands of the community.

Mr Lothian said he had nothing further to add other than contrary to what had been inferred by one of those who had made representations, the route of the procession down Queen Street was for logistical reasons to allow a time gap for uninterrupted traffic flows around the town.

Mr Kitson re-iterated his earlier comments on public order and said that if the Orange Institution thought they could process through Dunoon and people would not be angry with their proposal they did not appreciate the feelings of the community. He appealed to the Committee to prohibit the procession.

Mr Rees reminded the Committee that they were the elected representatives of the population of the area and must take cognisance of the feelings of the local people. If they let the procession take place there would be a vote of no confidence in their abilities as elected members

Mr Dysart expressed his concern that the names and addressed of writers of letters of representation had been made publicly available in the agenda for this meeting.

Mrs Walker said she had nothing to add other than from her previous experience of a march through Dunoon she was frightened at the prospect of another.

Mrs Tudhope questioned whether or not the police prior to the event would vet the 200 Marshals appointed. She was spokeswoman for a large group of law abiding people who were also of the Protestant faith but who did not want this sectarian procession in their community. Although she acknowledged the

Mins – Hearing 22.05.02 Page 96 10

Orange Institution’s Human Rights she also acknowledged the intrinsic rights of the local community to live peacefully in their own town.

Mrs Paul again raised the question of costs and the provision of facilities in Dunoon. She proposed an alternative route for the procession which would keep the town centre clear but said her petitioners were against the principle of such a procession in Dunoon.

Mr McGoran said he did not deny the right for such a procession but found the prospect abhorrent for a town such as Dunoon. He questioned the possibility of para- military influences within the organisation concerned and said that it could only lead to provocation in the community. He appealed to the Committee to prohibit the procession if the Orange Institution will not withdraw their notice of procession. He questioned the numbers of police who would have to be involved on the day, the possibility of disorder and made a plea to everyone present to tell people to stay away from Dunoon on the 6 of July. He also asked if Strathclyde Police had any intelligence about a proposed visit by a group of Celtic Supporters to Dunoon on Greenock Fair Saturday. He closed by asking the Committee not to let this procession take place.

Mrs Conlon again referred to the marshals and offensive weapons and questioned the time it would take the procession to pass through the town. She took issue at the lack of information about the costs involved and recorded her dis-satisfaction that her letter of representation had been made available as part of a public agenda for this meeting.

Mr Breslin said it was easy for speakers to have a go at the elected members, however there was a strong feeling in Dunoon against this procession and although legal rights to process had to be maintained, the Councillors had to consider whether or not these rights should outweigh those of the people of Dunoon faced with the possible disruption caused by the proposed procession.

Mr Pittman, for the Presbytery of Dunoon, said that alternative routes for a procession avoiding the town centre existed but were obviously not considered. He queried the costs involved in the proposed procession and the resultant disruption to traffic in the town.

Mrs Pursley, for Dunoon Community Council, said that the Community Council had a clear message to the Orange Institution “Dunoon did not want you! If you are welcome somewhere else, then please go there!” She invited all the businesses in Dunoon to boycott this event by closing and asked anyone in the street to turn their backs on the procession as a strong message that the people of Dunoon want nothing to do with such an organisation. She closed by advising the meeting that the USA had banned the Klu Klux Klan. Similar action should be taken in Scotland concerning the Orange Institution and other sectarian organisations.

Mr Hatcliffe, Orange Institution of Scotland, Organiser, thanked the participants for their comments that he took seriously. He then addressed

Mins – Hearing 22.05.02 Page 97 11 some of the issues that had been raised such as the route, programme and timing of the march. He addressed the common misconception about marshals carrying offensive weapons and said that the participant marshals were hired and vetted prior to inclusion in the parade. Responding to suggestions that certain people who had represented against the parade had received abusive telephone calls, he assumed they had informed the Police of these. He stressed that any infringement of the law or the human rights of others by any member of the Orange Institution was dealt with severely by the County Grand Lodge.

He re-iterated there had been no trouble in recent Boyne Celebration Processions and said that any references to the troubles in Northern Ireland or anti Irish feelings were unfounded and totally incorrect.

He stressed that the Orange Institution was a democratic organisation and as such it was his task to preserve their democratic rights and said that in the course of that action he would expect the police to enforce laws such as no drinking in the streets, and in point of fact his organisation had been instrumental in the implementation of such drinking bans by supporting police proposals for towns in Scotland. He said that if any of his members broke the law and consumed alcohol in the streets he would expect the police to take the appropriate action and the Orange Institution would view the matter in a severe manner.

He closed by addressing the purposes of the procession, democracy and the rights of his organisation to mark its history and he found it sad that the churches were in opposition to the procession for he too had friends within the Roman Catholic Church who he could co-exist with despite his membership of the Orange Institution. He also found it a little sad that the representative of the Community Council was asking the business community to have nothing to do with his Institution but some sections of that business community had already accepted bookings from groups intending to attend the procession and meeting in Dunoon Stadium.

He thanked the Committee for the opportunity to present his Institution’s proposals.

In view of the letter dated 15 May 2002 from the Orange Institution of Scotland, containing legal information and case law concerning the right to assembly and procession, which had been circulated to members and other participants prior to the meeting, the Chairman adjourned the meeting for 10 minutes to give Members time to assimilate the information contained in the submission.

When the meeting reconvened the Chairman opened the debate on whether or not the Council should make an Order in terms of Section 63 of the Civic Government (Scotland) Act 1982 in relation to the proposed Procession through Dunoon on 6 July. He advised the Members that in the course of any debate that followed he would rigidly apply the rules of debate as specified in the Council’s Standing Orders for Meetings of the Council

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Councillor Scoullar asked if the Head of Legal Services could give the Committee wider advice on the options open to them in terms of the Civic Government (Scotland) Act 1982.

The Head of Legal Services detailed the terms of Section 63 of the Act advising that there were three options open to the Committee. They could (i) make no Order; (ii) make an Order prohibiting the procession; or (iii) make an Order imposing conditions on the holding of the procession.

She again reminded the Committee of the case law she had referred to earlier in the meeting and said that the Orange Institution had the right of appeal to the Sheriff if an order was made by the Council. In closing she stressed that if it was the Committee’s intention to make any such order they must have clear and substantive reasons for so doing based on evidential information and not merely perception or local opposition.

Motion:

That the Area Committee agrees to place an Order in terms of Section 63 of the Civic Government (Scotland) Act 1982, prohibiting the parade proposed for 6 July 2002 from taking place on the following grounds:-

The Police in their written response to the consultation have advised that the emergence of this procession may well arouse latent emotional tendencies resulting in disorder.

Significant Public objection to the procession and a threat of violence and disorder in the local press and in correspondence if the procession were to proceed would be prejudicial to public safety in that members participating in the parade and spectators could be subjected to sectarian violence.

Further, the parade will clash with the Greenock Fair weekend, an event that normally brings with it an unacceptable amount of disorder in our community and the potential for a threat to the safety of all participating in the parade.

Having regard to all the above, Article 11 of the European Convention on Human Rights advises that restrictions should only be placed such as are necessary in the interests of public safety, the prevention of disorder and crime.

Moved by Councillor Chennell, seconded by Councillor Marshall.

Decision:

The Committee resolved in terms of, and for the reasons set out in, the motion to make an order in terms of Section 63 of the Civic Government (Scotland) Act 1982, prohibiting the holding of the procession by the County Grand

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Lodge of Ayrshire, Renfrewshire and Argyll in Dunoon on 6 July 2002.

Mins – Hearing 22.05.02 Page 100 Page 101 Agenda Item 4l

MINUTES of MEETING of PUBLIC SERVICE AND LICENSING COMMITTEE held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on THURSDAY 23 MAY 2002

Present: Councillor Stanley Latimer (Chair)

Councillor Campbell Cameron Councillor John Findlay Councillor Bruce Marshall Councillor Alistair MacDougall Councillor Gordon McKinven Councillor Bruce Robertson

Attending: Charles Reppke, Head of Democratic & Community Services Angus Gilmour, Head of Development & Building Control Sandy Taylor, Head of Public Protection

Apologies: Councillor Moyra Stewart

The Chairman ruled, and the Committee agreed, that the business as dealt with at item 2 of this minute be dealt with as a matter of urgency given that the statutory timescale for determining the application had been exceeded.

1. MINUTES

The minutes of the Public Service and Licensing Committee of 10 April 2002 were approved as a correct record.

Arising from item 4 (Home Safety Project) Councillor Cameron reported that a promotion of the service had now been made on Argyll FM.

2. MR DAVID PEARSON: DETAILED APPLICATION FOR ERECTION OF THREE DETACHED DEWELLINGS, LAND ADJACENT TO ARDENCONNEL, AROS ROAD, RHU (Ref: 02/00269/DET)

The Helensburgh and Lomond Area Committee referred the application to the Public Service & Licensing Committee in terms of the Council’s Scheme of Delegations with the recommendation that the application be approved as consistent with policy.

Having heard from the Head of Development & Building Control and considered the reports submitted:-

Decision

1. To approve the application with conditions and reasons as outlined below as the application site is within the village envelope of Rhu, within an established residential area and within Rhu Conservation Area. The houses are of satisfactory design and as such it is considered that the principle of development on this site is acceptable and in line with Policies DC1, DC5, BE3, H4 and H5 of the Dumbarton District Wide Local Plan. The application site is covered by a Tree Preservation Order (TPO) but many of the trees are in poor condition or are self-seeded saplings of poor quality. The redevelopment of this site will allow existing poor quality trees and saplings to be removed and also allow substantial Page 102 good quality replacement planting with a wider diversity of species. This in turn will improve the quality of the TPO designated area and enhance the character and amenity of the Conservation Area. As such the proposal will not have a detrimental environmental impact and does not constitute a departure from Policy DC1 (part 2), Policy H4 (part d), Policy H5 (part b) or Policy NHL5 of the Dumbarton District Wide Local Plan.

Conditions and reasons

1. Standard Condition

Reason: Standard

2. Notwithstanding the details on the approved plans, the roofs of each of the three dwellings as approved shall be clad in natural slate.

Reason: to ensure that the development can achieve a traditional appearance in keeping with the established built form within the Rhu Conservation area – and in particular the neighbouring Ardenconnel House – to enable the development to best integrate with its surroundings.

3. Prior to the commencement of work on site a detailed specification (including samples) of the proposed external finishing materials to be used on the buildings and on the hard surfaced areas within the development (including the vehicular access, parking and turning areas) shall be submitted to meeting with the further approval of the Planning Authority.

Reason: To ensure that the materials are appropriate to the character of the area and sympathetic to established finishing materials in the area.

4. Prior to commencement of works, full details of the design and location of any fences and walls to be erected within the development shall be submitted for the consideration and written approval of the Planning Authority.

Reason: To safeguard the visual and residential amenity of the area.

5. The development shall be landscaped in accordance with the approved landscaping plans and thereafter maintained in accordance with the five year tree management plan as incorporated within the tree report date 11th February 2001 (as prepared by Liam MacKenzie) as submitted and approved as port of this consent as follows:-

(a) Completion of the new planting scheme during the first planting season following the completion of the first dwelling, or such ofther date as may be approved in writing with the Planning Authority. (b) Any trees or shrubs removed, or which in the opinion of the Planning Authority, are dying, being severely damaged or becoming seriously diseased within five years of planting, Page 103

shall be replaced by trees or shrubs or similar size and species to those originally required to be planted.

Reason: To ensure the implementation of a satisfactory scheme of landscaping which will in due course improve the environmental quality of the development.

6. The existing trees and shrubs identified to be retained on drawing No 404/22c and as listed within the tree report date 11th February 2001 (as prepared by Liam MacKenzie) shall not be lopped, topped, felled, removed or disturbed in any way other than as specified in the agreed report without the prior written consent of the Planning Authority.

Reason: In the interest of visual amenity and to safeguard as many of the existing trees at the site as possible.

7. Development on the site shall not begin until the trees identified for retention in proximity to the development area have been suitably protected. Full details of the proposed means of protection, which shall include a fence or similar structure below the canopies of each retained tree or group of trees, shall be submitted to and approved in writing by the Planning Authority prior to any work commencing on site.

Reason: To ensure that no damage is caused to trees during development.

8. The construction of the vehicle access shall be undertaken in a manner such as to minimise any potential damage to the root structures of trees in the vicinity. Prior to work commencing on site a detailed specification of the proposed method of construction including details of existing and proposed ground levels and the tools and materials to be used in preparation of the ground shall be submitted and approved in writing by the Planning Authority. This submission shall clearly illustrate the gradient of the proposed access road to be approved in consultation with the Director of Transportation and Property.

Reason: To ensure that no damage is caused to trees during development.

2. That the imposition of any further conditions relating to the application be remitted to the Head of Development & Building Control in consultation with the Chair and Vice-Chair of the Public Service & Licensing Committee.

(Ref: Report by Head of Development & Building Control dated 8 April 2002 and extract from Helensburgh & Lomond Area Committee of 21 May 2002, tabled)

3. THE MANAGEMENT OF FOOD SAFETY LAW ENFORCEMENT

Formal approval of the Council’s Food Service Plan and two related policies which guide the Council’s Public Protection staff in the work which they do in food safety and food standards enforcement had been sought.

Decision

1. To approve the Annual Food Safety Plan 2002-2003, and the policies described Page 104

within paragraphs 6.0 and 7.0 of the submitted report. 2. To note with concern the current position as regards to staff shortages within the service and to request that the Head of Public Protection include details of this in his Annual Report which will be submitted to the Public Service & Licensing Committee at its meeting on 14 August 2002.

(Ref: Report by Head of Public Protection dated 23 May 2002, submitted)

4. TRADING STANDARDS ENFORCEMENT POLICY

Adoption of an enforcement policy which would support the Trading Standards service had been sought.

Decision

To approve the submitted enforcement policy.

(Ref: Report by Head of Public Protection dated 1 May 2002, submitted)

5. MOBILE SNACK BAR SITE - NORTH PIER, OBAN

The Committee considered a recommendation from Oban, Lorn & The Isles Area Committee which suggested that where there is a potential conflict with an existing retail outlet within a radius of 100 metres from the relevant site, but there is no objection raised to the street trading activity, that the application may be approved.

Decision

To instruct the Head of Legal Services to investigate the recommendation from Oban, Lorn & The Isles Area Committee and bring a report back on the implications to the Public Service & Licensing Committee on 4 July 2002.

(Ref: Recommendation from Oban, Lorn & The Isles Area Committee of 3 April 2002, submitted)

Page 105 Agenda Item 4m

ARGYLL AND BUTE COUNCIL

MINUTES of MEETING of COMMERCIAL OPERATIONS BOARD held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on 23 MAY, 2002

Present: Councillor Bruce Robertson (Chair)

Councillor Brian Chennell Councillor George Freeman Councillor James McQueen

Attending: James McLellan, Chief Executive Stewart McGregor, Director of Finance Alistair Gow, Director of Transportation & Property Services Charles Reppke, Head of Democratic & Community Services Andy Law, Head of Property & Facilities Management Alan MacDonald, Head of Roads Seamus Lalor, Head of Economic Development, Tourism & Leisure

Apologies: Councillor Robert Macintyre Councillor Allan Macaskill Councillor Eric Thompson Councillor Robin Banks

1. MINUTES

The Minutes of the meeting held on 18 March 2002 were approved as a correct record.

The Committee resolved in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, to exclude the public for the following 5 items of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraphs 1&9, respectively of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

2. ROADS DLO FINANCIAL OUTTURNS FOR 2001/2002 * The unaudited Financial Outturns for 2001/2002 and an update on Roads Services was reported to Members.

Decision

The Board noted the terms of the report and referred consideration thereafter to the next Council meeting.

(Ref: Report by Head of Roads dated 23 May 2002, submitted)

3. ROADS BUSINESS PLAN 2002-2003 AND BEYOND * The Head of Roads outlined the Roads Services Business Plan 2002-2003 and beyond.

Decision

1. Agreed to note the contents of the Roads Business Plan.

Page 106

2. That an updated report and Business Plan be submitted to the Council on 27 June 2002.

(Ref: Business Plan 2002-2003 and beyond dated May 2002, submitted)

4. PROPERTY SERVICES DLO BUSINESS PLAN 2002/2003 – FINANCIAL * OUTTURN 2001/2002

A report updating the Commercial Operations Board of the position of the Building Services DLO was discussed.

Decision

1. To note the Report.

2. That the Head of Property & Facilities Management endeavours to implement his plan of action within the timescales given.

3. That an updated, more analytical report and Business Plan be submitted to the Council on 27 June 2002.

(Ref: Report by Head of Property & Facilities Management dated 23 May 2002, submitted, Building DLO Profit/(Loss), tabled, Capital Projects 2001/2002: Lowest and Second Lowest Results, tabled, Printing Projects 2001/2002: Lowest and Second Lowest Results, tabled).

5. AMENITY SERVICES DSO BUSINESS PLAN * The Amenity Services DSO Business Plan 2002-2003 was presented to the Board and outlined by the Head of Property & Facilities Management.

Decision

1. To note the terms of the report.

2. Agreed that an updated Business Plan be submitted to the Council on 27 June 2002.

3. Agreed that the Head of Property & Facilities Management produce a mid-year report focussing particularly on grounds maintenance for the next meeting of the Commercial Operations Board.

4. Agreed that a Leisure Management Business Plan for 2002/2003 be submitted to the Council on 27 June 2002.

(Ref: Report by Operations Manager dated 23 May 2002, submitted, Development & Environment Services – DSO’s Income & Expenditure 31 March 2002, tabled).

6. DSO FINANCIAL OUTTURN 2001-2002 * The Unaudited Financial Outturns for 2001/2002 and, for information, an Income and Expenditure statement for the Riverside Pool Dunoon was discussed.

Page 107

Decision

1. Agreed to note the contents of the report.

2. Agreed that the Head of Property & Facilities Management submit Business Plans for Catering Services DSO and Cleaning Services DSO to the Council on 27 June 2002.

(Ref: Report by Accounting Services Manager dated 23 May 2002, submitted).

COB 23MAY

Page 108 Page 109 Agenda Item 4n

ARGYLL AND BUTE COUNCIL

MINUTES of MEETING of AUDIT COMMITTEE held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on FRIDAY, 24 MAY 2002

Present: Councillor John Stirling (Chair)

Mr Vincent Bradbury (Vice-Chair Councillor Gordon McKinven

Attending: Ken Macdonald, Area Corporate Services Manager Bruce West, Head of Accounting Ian Nisbet, Internal Audit Manager Asif Haseeb, Senior Audit Manager, Audit Scotland Steve Clark, PMG Grant McRae, KPMG

Apologies: Councillor Len Scoullar Mr Graham Michie Councillor James McQueen Councillor Alistair MacDougall

1. MINUTES

The Committee approved the minutes of the Audit Committee of 8 March 2002, as a correct record.

2. PROGRESS REPORT ON 2001/2002 AUDIT PLAN

The Internal Audit Manager outlined the progress of internal audit for the financial year 2001/2002.

Decision

Noted the terms of the report.

(Ref: Report by Internal Audit Manager dated 24 May 2002, submitted)

3. PROGRESS REPORT ON EXTERNAL AUDIT REPORTS TO COUNCIL FROM 1999/2000 TO PRESENT

The Audit Manager outlined the situation with regard to the external Audit Reports to date.

Decision

1. To note the terms of the report

2. Agreed that an updated report be submitted to the Audit Committee on 26 July 2002.

(Ref: Report by Internal Audit Manager dated 24 May 2002, submitted).

Page 110

4. ACCOUNTS COMMISSION OVERVIEW OF THE 2000/2001 LOCAL AUTHORITY AUDITS

The Head of Accounting referred to the findings of the Accounts Commission Overview Report 2000/2001.

Decision

Agreed to note the contents of the report.

(Ref: Report by Head of Accounting dated 29 April 2002, submitted).

5. INTERNAL AUDIT PERFORMANCE TARGETS

The performance targets on Internal Audit were outlined by Grant McRae, KPMG.

Decision

1. Agreed to note the terms of the report.

2. Agreed that the Head of Accounting submit a report to the July meeting on benchmarking with other local authorities on Internal Audit Performance Indicators.

3. Agreed to review the target which is the percentage of direct audit time at the next meeting.

(Ref: Report by Head of Accounting dated 30 April 2002, submitted).

6. MISSION STATEMENT AND TERMS OF REFERENCE FOR INTERNAL AUDIT

The Mission Statement and Terms of Reference for Internal Audit was outlined jointly by Grant McCrae and Steve Clark of KPMG.

Decision

Agreed to approve the Terms of Reference and that they be reviewed in one year’s time.

(Ref: Report by Head of Accounting dated 30 April 2002, submitted).

7. AUDIT NEEDS ASSESSMENT AND STRATEGIC AUDIT PLAN

Steve Clark, Manager, KPMG gave an overview of the Audit Needs Assessment and Strategic Audit Plan as was identified by Professor Midwinter and PricerwaterhouseCoopers in their Review of Internal Audit.

Decision

1. Agreed to approve the Audit Needs Assessment and Strategic Audit Plan.

2. Agreed that the Audit Needs Assessment and Annual Plan be reviewed on an ongoing basis.

(Ref: Report by Head of Accounting dated 30 April 2002, submitted).

Page 111

8. ACCOUNTS COMMISSION: SCOTTISH BORDERS COUNCIL EDUCATION DEPARTMENT OVERSPEND – FINDINGS

The Head of Accounting intimated that the Scottish Borders Findings, the spokespersons reports and the Accounts Commission Report were for information to the Audit Committee. The purpose of bringing it to the Committee’s attention is to ensure the overall Internal Control Framework.

Decision

Agreed to note the terms of the reports.

(Ref: Report on Accounts Commission: Scottish Borders Council Education Department Overspend submitted to the Strategic Policy Committee on 18 April 2002, submitted, Report by Councillor Dick Walsh and Councillor George Freeman submitted to the Strategic Policy Committee on 18 April 2002, submitted, Accounts Commission Findings and letter dated 7 March 2002, submitted).

Audit comm 24 may

Page 112 Page 113 Agenda Item 4o

ARGYLL AND BUTE COUNCIL MINUTE of MEETING OF AREA COMMITTEE FOR MID ARGYLL, KINTYRE AND ISLAY held in THE COUNCIL CHAMBERS, KILMORY on MONDAY 27 MAY 2002

Present: Councillor Donnie MacMillan (Chair)

Councillor Alison Hay Councillor John Findlay Councillor Donnie Kelly Councillor Dugie McKinnon

Attending: Deirdre Forsyth, Area Corporate Services Manager Richard Kerr, Senior Planning Officer Jim Frame, Scottish Environmental Protection Agency

Mr Pritchard, Crown Estates representative

On behalf of the applicant Mr Mathieson, Mr Robertson Mr Richards and Mr Blair

Supporter, Mr Dunlop

The following objectors; Mr Robin Malcolm, Mr Andrew Malcolm, Mr Willie Robertson, Mr John Turnbull, Mr Alan Kettlewhite, Mrs Frances Ryan and Mr Chris Brown

1. APOLOGIES

Apologies were received from Councillors Alastair McKinlay, Bruce Robertson, Robin Currie and Alasdair Blair.

2. DEVELOPMENT AND ENVIRONMENT SERVICES 02/00483/MFF Lakeland Marine Farms Ltd. Marine Fish Farm Consultation. Proposed Marine Fish Farming Site, Ardifuir, Loch Craignish

Richard Kerr on behalf of the Director of Development and Environment Services presented his reports dated 15 April and 14 May 2002, both of which had previously been circulated to all interested parties. He also circulated to the Members photographs showing a photo montage of the proposal. He explained the reasons for his recommendation that an objection be raised to the proposed Fish Farm on the grounds of the visual intrusion to a very sensitive environmental area.

- 1 - Page 114

APPLICANT

Mr Mathieson Agent for the applicants introduced Mr Blair the Applicant, Professor Richards and Dr Robertson, both advisors and Directors of Machrihanish Marine Farms in conjunction with Stirling University.

His reasons for supporting the proposal were as follows

1. Local economy He advised that the value of work by suppliers from the Argyll area to the existing Lakeland Marine and Lakeland Smolt, including the employees and salaries but excluding fish processing, is in the order of £850,000 per annum. This project would not only help to retain existing jobs but create 4 further fulltime jobs.

2. The reasons for choosing the site at Ardifuir were that other sites were not suitable, either because they were in an Special Area of Conservation or because the waters were too turbulent or too shallow. He explained that cod needs more sheltered conditions than salmon and that the Ardifuir site had excellent water quality and currents.

3. In regard to the landscaping impact he pointed out that the site was tucked in behind the headland and was therefore not visible from Crinan. The outer boundary is 100 metres off shore at the most and low lying so not very visible. He indicated on a plan the limits of visibility and from 500 to 700 metres away showed that it would merge into the background.

4. In regard to pollution on the River Add, he explained that cod and salmon were completely different types of fish and there was no evidence that cod would affect wild salmon. The water turbulence is such in the area that the detritus would be well mixed. He produced information showing that current flows are mainly southwest. He also explained that tidal streams in Loch Crinan are negligible. He produced other information relating to current water movements in the local area and explained that the water will travel 5.7 kilometres per day and there will be a flow of 1.4 million tons of water every hour going through the site so that there could be no issue of contamination.

Finally he explained that the proposed leased area would use up 18% of the ground currently used by static creel fishermen but said that they could still fish either side of the proposed Ardifuir site and therefore the impact on them would be small.

OBJECTORS

- 2 - Page 115

Robin Malcolm explained that he had two bases for objection. The first reason relates to the scenery. He pointed out that the application had been refused in the past on scenic grounds. The Crown Estates own document on Marine Fish Farming in Scotland indicates that the proposal before the Committee today does not comply with the exceptions detailed in the document at page 28. Although the fish farm spends money locally the view also has a value. It has been unchanged since Neolithic times and the Fish farm would be a massive intrusion on the view over towards Islay and Mull and over to Ardlussa on Jura. The view has been unchanged for 5000 years and there is an opportunity to experience what it was like to be there in the time before. This has been a selling point for both the holiday cottages business and the Galanach Country Pursuits business and would therefore also have an effect on the local economy.

The second reason relates to the River Add. Robin Malcolm regards himself as the custodian rather than owner and the River Add is a recreational facility. He has entered into an agreement with the local angling club to let the bottom mile to them and he had also bought netting rights from Carsaig in order that wild salmon would not be netted at the mouth of the River Add. There is also the effect on birds and animals which prey on wild fish. He was of the view that cod cages would deter the salmon from returning to the river and since the industry is in its infancy there should be no experimentation with the only salmon river left in Argyll. He was of the view that 10,000s of cod would be a deterrent to wild salmon both by noise and debris which would drift in a southwest direction across the estuary mouth. He gave an analogy of a young couple going round the world and coming back to find pollution and change at their home so giving up and leaving the area. He suggested that the cod could be placed anywhere on the 3,000 miles of coastline in Argyll and pointed out that Lakeland Marine have their land site at Loch Craignish so they hadn’t tried other places since they wish to service this site from there. He considered that if drugs and chemicals are tested extensively, the same should apply in this situation. The only means of preventing this fish farm from being sited at Ardifuir would be if the Committee raised an objection to the application.

Alan Kettlewhite of the Argyll Fisheries Trust advised that they represent wild fishing in the area. He pointed out that there had been a very low marine survival of wild migratory fish over the last decade and there have been problems caused by local fish farms and parasites. Sea trout have been infested with sea lice and many recreational fisheries have disappeared. He was concerned that the application might have possible consequences of disease transfer and the precautionary principle should be applied. He referred to the local biodiversity action plan and the economic plan, both of which name the River Add as a key habitat and he was therefore opposed to the proposal.

Mrs Ryan then spoke about the tourism aspect. While she accepted that the visual intrusion could not be seen from Crinan Hotel, visitors do not stay in the hotel but go out and about. This is an area, which should be protected because of the vegetation and rock formation, and the fact that there had been no planted trees in the area. She pointed out that tourism in Scotland employs 193,000 people and pays wages to more than those employed by the oil, gas and whisky industries altogether. In her 33 years at the Crinan Hotel visitors have been attracted from all over the world, 20 people are employed, and most of the local suppliers included in Lakeland Marine’s list also supply the Crinan Hotel.

- 3 - Page 116

Chris Brown then explained that he had been a fisherman for 33 years and had been a creel fisherman in that vicinity for 22 years. As Lakeland Marine have pointed out he will be directly affected by the proposal. He fishes there and has done for a long time and would have to remove at least 10-15% of his gear. He was also concerned about the flow of debris. A lot of fishing is done the south of Rabbit Island and the detritus will affect his catch. He already picks up weed from that area and he believes that the detritus will settle around Rabbit Island. He works and employs people in the area and it will affect his business. He explained that he wouldn’t fish there if cages were in place and it is not his experience that creel fishing is enhanced by cages.

SUPPORTER

Mr Dunlop as a supporter of the application explained that Crinan Boatyard had benefited from fish farms, both in Crinan and in Skipness.

QUESTIONS

At this point the Members raised questions.

Councillor MacMillan referred to the history of wild salmon. He understood that landowners in the past, in netting the river, had taken many hundreds of salmon out. He asked Mr Kettlewhite if that had had an effect on the reduction of numbers of salmon, since if you stop fish going to spawn you were presumably damaging their future numbers.

Mr Kettlewhite explained that it depended how many fish were taken. He pointed out that netting in rivers was done for hundreds of years and was sustainable, but did accept that if all the fish were netted it would have a detrimental effect on numbers of salmon coming back to the area.

A question was then raised about the SERAD point about management areas. Colin Blair explained that there was a management agreement with Lighthouse of Scotland and that he was in the process of formulating management agreements with other fish farms.

Councillor Hay asked if Lakeland Marine have a mission statement.

Mr Blair said that they did not have a mission statement but their policy is to expand and diversify into other species and to farm sustainably and to have processing plants locally. The environment is important or else the fish farms themselves suffer. He was asked if he had future plans for expansion but had not thought about that so far.

It was pointed out Mr Brown had said that creel fishing would suffer and existing jobs would be jeopardised. Mr Blair said that creel fishing can be carried out fairly close to the cages but accepted that there would be some area of fishing lost.

In regard to the issue of food wastage Mr Blair explained that he disagreed with SERAD because cod convert food more efficiently than salmon.

Councillor Findlay asked about escapes and was advised that SERAD were happy with the level of escapes which is low.

On a question of security Mr Blair said security had never been needed up till now. He was also asked about navigation lights. Mr Kerr advised that the Lighthouse Board would require a yellow pole with a light flashing every 10 seconds.

- 4 - Page 117

On a question being raised about where the cod came from, Dr Robertson explained that they came from the hatchery at Machrihanish and had originated in Argyll waters.

Councillor Kelly asked if a filter could be put on to catch the debris. He was advised that this was not possible because of the flows involved and that it was unlikely that the debris would go further that 375 metres south of the last cage.

Mr Blair was unable to answer whether compensation would be paid to creel fisherman who would suffer.

A question was then asked about the position in regard to the juvenile cod at Machrihanish if the proposal did not go ahead. Mr Blair advised that Lakeland Marine would have problems since they wished to be near their land site at Loch Craignish. Dr Robertson said that they were looking for other cod sites in Argyll and were working closely with other companies although all were having difficulty finding suitable sites.

Mr Blair was asked if they would be willing to provide salmon for the River Add for the future and he explained that they had offered to rear smolt for the River Add but this has not been accepted in the meantime.

A question was raised about the exploration of further sites but Mr Blair reiterated that he had explored most of Argyll but it was not economically viable for them to work outwith the range of their existing land base.

SUMMING UP

Mr Kerr explained that this was a classic planning issue of economy versus the environment. The issue was not whether it was desirable to have a fish farm but whether this was the appropriate location for it. He once again referred to the national scenic area, the unchanged landscape and pointed out that there was a presumption against intrusive development in this very sensitive area. For this application to be approved of on land, there would have to be a locational or operational need. He was of the view that although it was convenient for Lakelands existing land base, this in itself did not amount to an operational need and he continued to recommend that objections were raised to the application.

Mr Mathieson explained that this was a new industry in which Lakeland wished to get involved. If they had another site they would need a new land base and this would make the costs unacceptable. Although there are 3000 miles of coastline it is not easy to find a place for a fish farm. He was of the view that landscape had not been unchanged for 5000 years but had been changed by man and that 6 cages would not detract from the beauty of the area nor would it affect tourism and sometimes tourists like to visit fish farms.

Mrs Ryan said that she had not realised that creel fishermen would be so badly affected and it was important for the hotel to get fresh prawns as well as wild salmon. She still thought that the area should be kept unchanged as part of the whole Scottish Tourism scene.

Mr Dunlop summarised by saying that the fishing industry was in decline and that now most of the work for shipbuilding comes from commercial fish farms.

The Members then discussed the application.

DECISION

- 5 - Page 118

Councillor Kelly moved that this fish farm will not give rise to a significant visual or landscape impact, as it lacks the need for walkways, feed barges or nearby shore based facilities, and it is to be situated close inshore where it will not be visible from roads, dwellings, or other places generally accessible to the public. It will not be prominent when viewed from the sea due to its proximity to the landscape backdrop.

Its location means that it can share existing land based facilities, and the operation of the site will create employment and help to safeguard employment elsewhere associated with cod production.

Scottish Natural Heritage have not objected to the proposal on landscape or nature conservation grounds, subject to recommended conditions being imposed, and the proposal for the reasons outlined above will not have a significant adverse impact upon the Knapdale National Scenic Area, and ought to be supported as a ‘minor departure’ to development plan policy, subject to those recommended conditions.

This motion was seconded by Councillor McKinnon.

Councillor Hay moved as an amendment that the officers recommendation be supported but received no seconder.

The Motion was therefore accepted and Councillor Hay`s dissent was recorded.

The Area Committee therefore agreed to put forward no objection to the proposal and agreed that the application would be referred to the Public Service and Licencing Committee to be held on 4 July 2002.

- 6 - Page 119 Agenda Item 4p

ARGYLL AND BUTE COUNCIL

MINUTES of SPECIAL MEETING of the HELENSBURGH AND LOMOND AREA COMMITTEE held in VICTORIA HALLS, SINCLAIR STREET, HELENSBURGH on THURSDAY 30 MAY 2002

Present: Councillor Kinloch (Chair)

Councillor Latimer Councillor Stewart Councillor Morton Councillor Wilson Councillor Petrie

Attending: Lynn Smillie Area Corporate Services Manager Alister MacKenzie Area Roads Manager Jim Robb Area Social Services Manager

1. APOLOGIES

Councillors Freeman, Stirling, Thompson and Coleshill

2. DECLARATIONS OF INTEREST

None.

3. NOTICE OF MOTION

Motion

That the Area Committee resolves as follows:-

1) To utilise £54,000 of the £100,000 revenue allocated in the 2002/2003 Budget on the following programme -

(a) Carriageway reinstatement and white lining at road junctions throughout the Helensburgh and Lomond area in accordance with priorities identified by the Area Road Manager £20,000

(b) Beach cleaning throughout the Helensburgh and Lomond Area £20,000

(c) Additional elderly day-care places for residents of Helensburgh and Lomond £10,000

(d) Litter bins as required throughout the Helensburgh and Lomond Area £4,000

Page 120

2. To utilise £55,000 of the £100,000 capital allocated in the 2002/2003 Budget on the following programme -

(a) Internal refurbishment of the Victoria Halls as the main Council Hall serving the Helensburgh and Lomond area in accordance with Area Committee Strategy £20,000

(b) East King Street Football Park Upgrade £35,000

3. That the balance of £46,000 Revenue and £45,000 Capital be referred for consideration at the next ordinary meeting of the Area Committee on 6 June 2002.

Moved by Councillor Ronald Kinloch Seconded by Councillor Ellen Morton

Decision

1) Agreed to utilise £54,000 of the £100,000 revenue allocated in the 2002/2003 Budget on the following programme

(a) Carriageway reinstatement and white lining at road junctions throughout the Helensburgh and Lomond area in accordance with priorities identified by the Area Road Manager £20,000

(b) Beach cleaning throughout the Helensburgh and Lomond Area £20,000

(c) Additional elderly day-care places for residents of Helensburgh and Lomond £10,000

(d) Litter bins as required throughout the Helensburgh and Lomond Area £4,000

2) Agreed To utilise £55,000 of the £100,000 capital allocated in the 2002/2003 Budget on the following programme -

(a) Internal refurbishment of the Victoria Halls as the main Council Hall serving the Helensburgh and Lomond area in accordance with Area Committee Strategy £20,000

(b) East King Street Football Park Upgrade £35,000

3) Agreed That the balance of £46,000 Revenue and £45,000 Capital be referred for consideration at the next ordinary meeting of the Area Committee on 6 June 2002. Page 121 Agenda Item 4q

ARGYLL AND BUTE COUNCIL

MINUTES of MEETING of STRATEGIC POLICY COMMITTEE held on THURSDAY 30 MAY 2002, in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD

Present: Councillor Allan Macaskill (Chair)

Councillor Robin Banks Councillor Donald MacMillan Councillor George Freeman Councillor Billy Petrie Councillor Ian Gillies Councillor Dick Walsh Councillor Ronald Kinloch Councillor David Webster Councillor Duncan MacIntyre

Also Present: Councillor Campbell Cameron Councillor Gordon McKinven Councillor Brian Chennell Councillor Dugie MacKinnon Councillor Robin Currie Councillor Bruce Marshall Councillor Alistair MacDougall Councillor James McQueen Councillor John Findlay Councillor Bruce Robertson Councillor Robert Macintyre Councillor Len Scoullar

Attending: James McLellan, Chief Executive Alistair Gow, Director of Transportation & Property Services George Harper, Director of Development & Environment Services Charles Reppke, Head of Democratic & Community Services Andy Law, Head of Property & Facilities Management Donnie Kelly, Chief Solicitor

Apologies: Councillor Alistair McKinlay

The Chairman ruled, and the Committee agreed, that the business which is dealt with at item 5 of this minute be considered as a matter of urgency by reason of the need to report to the Scottish Executive by 14 June 2002.

The Chairman intimated that Councillors Campbell Cameron and Robin Currie, who were not Members of the Strategic Policy Committee, had notified him that they wished in terms of Standing Order 22.1 to speak and vote on items of business on the agenda. He confirmed that he would exercise his discretion to allow Councillor Cameron to speak and vote on the business which is dealt with at item 9 of this minute and allow Councillor Currie to speak and vote on the business which is dealt with at items 9 & 16 of this minute.

The Chairman advised the Committee that Councillor George Freeman would be taking on the role of spokesperson for Housing.

1. MINUTES

(a) The minutes of the Policy Development Group on Community Councils dated 12 April 2002 were noted.

(b) The minutes of the Strategic Policy Committee of 9 May 2002 were approved as a correct record.

1 Page 122

2. EUROPEAN TRANSITION FUNDING FOR WASTE MANAGEMENT

The Council, at its meeting of 2 May 2002, agreed to remit consideration of the non – committed funding to the Strategic Policy Committee with full powers to determine the utilisation of this funding.

A further report by the Director of Development & Environment Services suggested the allocation of the non- committed funding in a way which will continue its spend in the areas, but deal with strategic elements centrally.

Decision

1. Agreed that the projects indicated in appendix 1 of the submitted report to a value of £598,124 are managed centrally by staff in Amenity Services with work delivered at the Areas.

2. That the residual funding from the European Transition Programme, with an indicative value of £355,328 is allocated by Area Committees over the next three years.

3. To note that funding beyond year 3 of the Programme is likely to be dependent on the success of achieving funding from the Executive’s Strategic Waste Fund.

(Councillor Freeman, having moved an amendment which failed to find a seconder required his dissent from the foregoing decision to be recorded)

(Ref: Reports by Director of Development & Environment Services dated 18 April 2002 and 30 May 2002 and Extract Minute of the Council of 2 May 2002, submitted).

3. COWAL GAMES

A request from the Helensburgh & Lomond Area Committee for the Strategic Policy Committee to express concern to the Cowal Games Committee that the Cowal Games, which receives central funding from Argyll & Bute Council, should introduce new competitions which do not exclude residents of Helensburgh and Lomond had been received.

Motion

That the Strategic Policy Committee notes the concerns expressed by the Helensburgh & Lomond Area Committee.

Moved by Councillor Macaskill Seconded by Councillor Banks

Amendment

To refer consideration of the recommendation from Helensburgh & Lomond to the Council.

Moved by Councillor Freeman Seconded by Councillor Petrie

Decision

The motion was carried 6 votes to 4 and the Committee resolved accordingly.

2 Page 123

(Ref: Extract of Helensburgh & Lomond Area Committee of 7 May 2002, submitted).

4. ISLAND AND 21ST CENTURY GOVERNMENT ISSUES

The spokesperson for Islands and 21st Century Government Issues, Councillor Ian Gillies, submitted a report highlighting issues of relevance and interest such as Digital Communities, E-Libraries, Modernising Government Fund, Three Islands Project, Elected Members Information Technology Requirements and the Broadband Pathfinder Project. He then responded to questions arising therefrom.

Decision

1. Noted the terms of the report.

2. To agree that Argyll and Bute Council should become full members of Islenet at an annual cost of 1,000 euros.

3. To support the lobby of M.E.P’s in Brussels calling for a more practical approach to any issues of animal welfare and the transportation of animals at sea.

(Ref: Report by Islands and 21st Century Government Issues spokesperson dated 17 May 2002, submitted).

5. HIGHLANDS AND ISLANDS BROADBAND PATHFINDER – AGREEMENT TO COMMENCEMENT

Agreement had been sought for participation in the procurement process which was required by 14 June 2002 by the Scottish Executive.

Decision

1. To note the terms of the prior information notice and expectation that a contract notice would be framed in similar terms.

2. To agree to grant delegated authority to the Chief Executive to agree the terms of the Contract Notice.

3. To agree to meet future requirements for telecoms services through contracts to be negotiated as part of a combined procurement, providing the new contracts can demonstrate best value for the Council and that existing expenditure on Networks does not increase.

(Ref: Report by Head of Information Technology Infrastructure dated 23 May 2002, tabled.

6. PROMOTION AND HOSTING OF EVENTS AND CONFERENCES

At the Strategic Policy Committee on 9 May 2002 it had been agreed to continue consideration of the request by the Scottish Socialist Party to waive the fee for hire of the Pavilion for an annual conference in order that a properly costed package to promote conference business in Argyll & Bute may be obtained.

The Director of Development & Environment Services advised that the organisers now intended to hold the conference in Edinburgh this year but had indicated that they would like to come to Bute in 2004.

3 Page 124

Decision

1. On the basis that the Scottish Socialist Party no longer wish to use the Pavilion for their annual conferences, no consideration be given to the recommendations contained within the submitted report at this time.

2. To establish a Policy Development Group comprising five Members, three from the Non-Aligned Group being Councillor David Webster (Chair), Councillor Brian Chennell and Councillor Bruce Robertson and two Members from the opposition groups to investigate and report back to the Strategic Policy on developing a policy for the hosting, promotion and development of a conference and event market for Argyll & Bute Council facilities.

(Ref: Report by Director of Development & Environment Services dated 30 May 2002, Letter from Branch Secretary of the Bute Scottish Socialist Party dated 22 April 2002 and Extract Minute of the Strategic Policy Committee of 9 May 2002, submitted).

7. BETTER NEIGHBOURHOOD SERVICES FUND

An update on the current position of the Better Neighbourhood Services Fund had been detailed and approval sought to allow the progression of the two Pathfinder Projects to the next stage.

Decision

1. To note that the Local Outcome Agreement for the Atlantic Islands Pathfinder has now been approved by Ministers.

2. To agree the outline description of the Campbeltown and South Kintyre proposed projects and to delegate authority to conclude a local outcome agreement on the basis of the proposal to the Director of Housing & Social Work.

3. That the Local Outcome Agreement be referred to each of the 4 Area Committees for information.

(Ref: Report by Head of Corporate Policy dated 30 May 2002, submitted).

8. TRANSPORT ISSUES

The spokesperson for Transport Issues, Councillor Duncan MacIntyre, submitted a report highlighting recent developments made in respect of Strathclyde Concessionary Travel Scheme and the Campbeltown to Ballycastle Ferry Service. He then responded to questions arising from his report.

Decision

Noted the terms of the Report.

(Ref: Report by Transport spokesperson dated 16 May 2002, submitted).

4 Page 125

9. PUBLIC TRANSPORT CHALLENGE FUND BID

The Committee had been advised of a proposed bid for Public Transport Challenge Funding in August of this year to construct new slipways at Port Appin and Lismore with a view to the reconfiguration of existing ferry services to the Island. The bid would also include modifications to the slipways at North and South Cuan to facilitate the inter changability of vessels on routes operated by the Council.

The question of whether or not the Council should continue to operate ferry services within its area, or alternatively, whether it should seek to have these transferred to the control of the Scottish Executive had also been raised.

Motion

To reaffirm the Councils intention to submit a bid for Public Transport Funding to permit the construction of a new ferry terminal at Port Appin and Lismore, and also to modify the existing slipways at North and South Cuan serving the Island of Luing with recommendations (b) and (c) of the submitted report being not proceeded with on the basis that it is premature to make a decision on these at present.

Moved by Councillor Macaskill Seconded by Councillor Banks

Amendment

That all of the recommendations as contained within the submitted report be agreed.

Moved by Councillor R Currie Seconded by Councillor D MacMillan

Decision

The amendment was carried 7 votes to 5 and the Committee resolved accordingly.

(Ref: Report by Director of Transportation & Property dated 21 May 2002, submitted)

10. FLOOD PROBLEMS AND LOCATIONS IN BUTE AND COWAL 2002

Bute and Cowal Area Committee had requested additional funding approval from the Strategic Policy Committee to accommodate the series of schemes which will not attract Scottish Executive Funding Assistance.

An update by the Director of Transportation & Property had also been submitted on the current year’s Flood Prevention Programme.

Decision

To approve the substitution of flood prevention works at Sommerville Place, Vulcan Street, Ferguslie Street, Sandbank, instead of the “Why Not Pub” scheme in Sandbank, with the proviso that if appropriate, the works be advanced from 2003/2004, to the current year, as part of the overall management of the Council’s Section 94 Consent for Capital Expenditure.

5 Page 126

(Ref: Reports by Director of Transportation & Property Services dated 2 April 2002 and 20 May 2002 and Extract Minute of Bute & Cowal Area Committee of 2 April 2002, submitted).

11. SCOTTISH EXECUTIVE RESEARCH REPORT: CLIMATE CHANGE – FLOODING OCCURRENCES REVIEW

The findings of the Scottish Executive Research Report on Climate Change – Flooding Occurrences had been outlined.

Decision

1. To note the terms of the report.

2. To make representation to the Scottish Executive regarding the concerns of this Authority and requesting information on how they intend to address the projected costs.

(Ref: Report by Director of Transportation & Property Services dated 20 May 2002, submitted).

12. TOBERMORY TO KILCHOAN FERRY SERVICE

The Committee had been requested to consider a request from the Scottish Executive that the Council should continue to provide financial support for the provision of winter ferry service between Tobermory and Kilchoan.

Decision

To instruct the Director of Transportation & Property Services to respond to the Scottish Executive advising that given the low marginal cost involved, it would be more appropriate and administratively simpler if they were to meet all of the costs and that a pedestrian and vehicular, all year round service should be included in the undertaking.

(Ref: Report by Director of Transportation & Property Services dated 20 May 2002, submitted).

13. RAIL LINK TO GLASGOW AIRPORT

Consideration was given to the proposal by Strathclyde Passenger Transport to commit funding for the development of plans to establish a rail link to Glasgow Airport by 2005.

Decision

To support the action being taken by Strathclyde Passenger Transport to establish a rail link to Glasgow Airport by 2005 given the importance of developing improved communication links with Scotland’s principal airport.

(Ref: Report by Director of Transportation & Property Services dated 20 May 2002, submitted).

6 Page 127

14. SCHEME OF ADMINISTRATION AND DELEGATIONS – AMENDMENT * A request recommending that it be delegated to the Director of Development & Environment Services to issue safety certificates for sports grounds stands which provide covered accommodation for 500 or more persons and to periodically inspect such premises in terms of the Fire Safety of Places of Sports Act 1987 was considered.

Decision

To recommend to the Council that powers be delegated to the Director of Development & Environment Services by the insertion of a paragraph numbered 41 to the current Scheme of Administration and Delegations in the following terms:- “ To exercise the functions of the Council under the Fire Safety and Safety of Places of Sports Act 1987, including the issue of Safety Certificates”.

(Ref: Report by Director of Corporate & Legal Services dated 30 May 2002, submitted).

The Committee resolved in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, to exclude the public for the following 4 items of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraph 4, 6, 12 and 8 and 9 respectively of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

15. LOANS UNDER THE HOUSING (SCOTLAND) ACT 1987

The Committee had been asked to consider an application for an increased housing loan.

Decision

To agree the recommendation 2.1 in the submitted report.

(Ref: Report by Director of Corporate & Legal Services dated 9 May 2002, submitted).

16. CONTRACT FOR SUPPLY OF MILK TO ISLAY SCHOOLS

The Committee considered a report regarding the contract for supply of milk to Islay Schools.

Decision

To instruct the Director of Transportation and Property Services to instruct the Authorities Buying Consortium to proceed in accordance with recommendation 2.1 of the submitted report.

(Councillor R Currie, having moved an amendment which failed to find a seconder required his dissent from the foregoing decision to be recorded)

(Ref: Report by Director of Corporate & Legal Services dated 30 May 2002, submitted).

17. DUNOON STADIUM

The Committee considered a report regarding Dunoon Stadium.

Decision

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To agree the recommendation 2.1 in the submitted report.

(Ref: Report by Director of Development & Environment Services dated 21 May 2002, submitted).

18. COVE AND KILCREGGAN BOWLING CLUB

The Committee considered a report regarding Cove and Kilcreggan Bowling Club.

Decision

To agree the recommendation 2.1 in the submitted report on the condition that the club accept a long term full repairing and insuring lease of the premises.

(Ref: Report by Director of Development & Environment Services dated 30 May 2002, submitted).

Strat pol 30 May js

8 Page 129 Agenda Item 4r

MINUTES of MEETING of BUTE AND COWAL AREA COMMITTEE held in the GLENDARUEL VILLAGE HALL, GLENDARUEL, STRACHUR on WEDNESDAY 05 JUNE 2002

Present: Councillor J. McQueen, Vice Chair, in the Chair

Councillor Currie Councillor Marshall Councillor Macintyre Councillor Scoullar Councillor McKinven Councillor Strong

Attending: George B. McKenzie, Area Corporate Services Manager Alan Lothian, Area Manager, Transportation Phillip O’Sullivan, Senior Development Control Officer Charlie McFadyen, Senior Building Control Officer Jim Anderson, Area Leisure Facilities Manager Martin Turnbull, Senior Community Education Officer Jane Connon Fowler, European Officer Keith Robinson, Scottish Water George Labram, Scottish Water.

1. Apologies for absence

Apologies for absence were tendered on behalf of Councillors Walsh and Chennell.

2. Declarations of Interest

None

3. Minutes

The Area Committee noted as correct records the following minutes:-

(i) Minute of meeting of Area Committee of 7th May 2002 (ii) Minute of meeting of Area Committee of 8th May 2002 – Civic Government hearings (iii) Minute of meeting of Dunoon Local Members Sub Committee held on 8th May 2002 to consider Area Budget allocations (iv) Minute of meeting of Area Committee of 22nd May 2002 – Loyal Orange Institution Procession

4. Transporation and Property

(a) Updated Report from Scottish Water on Proposals to Deal with Wave Problems in Rothesay Harbour

1 Page 130

The members heard a report from Keith Robinson and George Labram of Scottish Water on the current proposals to minimise the wave motion in Rothesay Outer Harbour and saw a drawing of the proposed scheme at the Albert Pier. The Committee agreed that the works should go ahead and Councillor Scoullar said he would liaise with Keith Robinson and Bute Berthing Company on an acceptable starting date for the works. The Area Development Control Officer said he would examine the proposals in terms of the Conditions imposed on the Development works at Albert Pier and would advise Keith Robinson whether or not further planning approval was necessary.

(b) Application of Parking Charges

A report was submitted advising the Committee of the income and expenditure on the implementation of Parking Charges in Dunoon and Rothesay

Decision

The Area Committee noted the information contained in the report

(Reference; Report by Area Manager, Transportation dated 20th May 2002 – submitted)

5. Education

(a) Educational Development Grants

A report recommending Educational Development Grants to organisations was considered.

Decision

The Committee awarded grants as follows:

CLASP £500 Underwrite Cairndow Sunshine Club £150 Young People’s Trips and Visits £150 Ballochgoy Summer Playscheme £500 Dunoon New Community Schools Steering Group £450 Kenzies Playscheme £350

(Reference; Report by Director of Education dated June 2002 – submitted

6. Development and Environment Services

(a) Peoples' Network - Dunoon and Rothesay Libraries

A report informing the Committee about the development and launch of public Internet and information and communication technology facilities in Dunoon and Rothesay libraries was submitted.

2 Page 131

Decision

The Committee noted the report

(Reference; Report by Head of Economic Development, Tourism and Leisure dated 10th May 2002 – submitted)

(b) Leisure Development Grants

A report was submitted recommending Leisure Development Grants to organisations and individuals.

Decision

The Committee awarded grants as follows:

Benmore and Rashfield Country Show £ 569.47 Port Bannatyne Golf Club £1000 Robert Caldwell £ 500 Janet Stobie ` £ 250 Traditional Music Association for Cowal £1000 The SHU Trust £1000 Kilfinan Jubileee Committee £ 100

(Reference; Report by Leisure Development Manager – submitted)

(c) Extension of Delegated Powers

A report was submitted seeking the Area Committee’s agreement to the extension of the powers of delegation to the Director of Development and Environment Services to process and determine certain development control functions.

Decision

The Area Committee recommended the Scheme of Delegations be amended accordingly.

(Reference; Report by Head of Development and Building Control dated 17th May 2002 – submitted)

(d) Building Control Performance Monitoring

A report was submitted outlining Building Control performance concerning building warrant and completion certificate applications in accordance with the Accounts Commission and also comparing Council wide performance for 200/2001 and 2001/2002.

3 Page 132

Decision

The Committee noted:-

(i) the report and in particular the continuous improvement in Building Control performance (ii) the set targets for 2001/2002.

(Reference; Report by the Director of Development and Environment Services dated 15th April 2002 – submitted)

(e) Planning Application - 02/00330/OUT - Estate of Fitzroy MacLean - Erection of 3 Dwellings, Land North of Ashbank, Strachur

Decision

Approved subject to the conditions contained in the report by the Head of Development and Building Control

(f) Planning Application 01/00692/OUT - Portavadie Estate, Site for the Erection of a Dwelling, Land South of Car Park, Kames

Decision

Refused in terms of the report by the Head of Development and Building Control

(g) Planning Application 02/00566/COU - Medical Ltd - COU Shop to Amusement Arcade, 4-6 Albert Place, Rothesay

Decision

Approved subject to the conditions contained in the report by the Head of Development and Building Control

(h) Planning Application - 02/00547/LIB - Medical Ltd - Internal Alterations, 4-6 Albert Place, Rothesay

Decision

Approved subject to the conditions contained in the report by the Head of Development and Building Control

(i) Planning Application 00/00892/DET - Details pursuant to Condition 19, Covers for Tanks, Waste Water Treatment Works, High Bogany, Isle of Bute.

Decision

Report by Head of Development and Building Control noted.

(j) Delegated Decisions

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The Area Committee noted delegated Development and Building Control decisions taken since their last meeting

7. Corporate and Legal Services

(a) Establishment of link with Solleftea, Sweden - Consider

The Committee considered establishing links with Solleftea, Sweden and heard a verbal report from the Council’s European Officer on the protocols and economic implications of such links.

Decision

The Committee agreed:-

(i) to establish informal links with Solleftea, Sweden (ii) the Council’s European Officer investigate further and recommend the most appropriate form of partnership.

5 Page 134

6 Page 135 Agenda Item 4s

MINUTES of MEETING of MID ARGYLL KINTYRE & ISLAY AREA COMMITTEE held in the THE TOWN HALL, CAMPBELTOWN on WEDNESDAY 05 JUNE 2002

Present: Councillor Donnie MacMillan (Chair)

Councillor Alison Hay Councillor John Findlay Councillor Alastair McKinlay Councillor Robin Currie Councillor Dugie McKinnon Councillor Alasdair Blair Councillor Bruce Robertson Councillor Donald Kelly

Attending: Deirdre Forsyth, Area Corporate Services Manager Richard Kerr, Senior Planning Officer Ian Fawcett, Area Amenity Services Manager Angus Smith, Area Social Work Manager Roddy McDowell, Head of Lifelong Learning & Capital Resource Felicity Kelly, Community Education Barry Johnstone, Housing Officer Stewart Clark, Senior Engineer, Transportation and Property Services Willie Young, Principal Leisure Officer John Biggins, Rona Gibb

1. WELCOME

The Chairman welcomed Councillor McKinlay back after his illness.

2. MINUTES OF MEETINGS 8 MAY 2002 AND 27 MAY 2002

The Committee agreed the minutes of their meetings of 8 and 27 May 2002 as a correct record.

As arising therefrom it was noted that meetings still had to be arranged with Loganair and Scottish Water.

It was further noted that 2 reports from Transportation and Property Services regarding (a) Integrated Transport on Islay and Jura, and (b) the Jura ferry had been requested and would be provided for the next meeting.

The Chairman and Vice Chairman will meet Mr McLeod and Mr Clark in regard to these reports.

3. PRESENTATION - Rona Gibb, Core Path Network

An interesting presentation was given by Rona Gibb on Core Path Network. She explained that the South Kintyre Study would soon be available to be presented to the Committee.

Page 136

4. SCHOOL EXAM RESULTS - Presentation by Lochgilphead High School

John Murray Headteacher, Lochgilphead High School, gave a presentation on school exam results. He was congratulated on the results and wished success for the future.

The 2 presentations by 4 of his pupils were excellent and the Committee suggested that these be used by the Personnel Department for staff recruitment.

5. PUBLIC QUESTION TIME

Councillor Hay asked if the Inveraray houses had been removed from the letting stock. It was reported that this work is still to be carried out.

Councillor Blair explained that as a result of problems arising from Scottish Water’s new sewage system for Campbeltown, the RNLI Raft day could not go ahead in the inner harbour on the advice of SEPA.

It was agreed that a meeting would be held with SEPA and Scottish Water on Monday 24 June 2002 at 2.00 p.m. to discuss this and other issues relating to sewage and water schemes in the area.

Councillor Kelly asked about staffing levels at Campbeltown Grammar School and the use of probationary teachers. It was agreed that this would be taken up with the Director of Education and a written reply sent to the members of the Committee covering how national standards for the use of probationary teachers have been set, the implication for the area and how the shortfall is affecting Argyll and Bute.

DEVELOPMENT AND ENVIRONMENT SERVICES

6. Planning Applications

The Committee considered and dealt with applications for planning as detailed in the list attached to the minute. (Appendix 1)

7. Delegated Decisions

The Committee noted decisions issued by the Director of Development and Environment Services dated 5 June 2002.

8. Landfill Tax Applications to EB Scotland - Second Tranche of Applications

Councillor Hay declared an interest as Chair of GRAB because they had been involved in the prioritisation recommendations.

A report was submitted with second tranche of Applications for Landfill Tax to EB Scotland.

The Committee considered the applications detailed in the Appendix to the report by the Head of Amenity Services dated 5 June 2002.

Page 137

Decision

1. The Committee recommended that the application by Campbeltown Waste Watchers be moved to priority 3, and that priorities 3 and 4 be renumbered to 4 and 5.

2. It was agreed that the Area Amenity Service Manager would report to the next meeting about the amount available for distribution in Argyll and Bute, the criteria used to prioritise applications, and when and how groups are notified of the decisions.

3. It was agreed that the Members of the Committee would be advised in writing regarding the decisions taken by the Strategic Policy Committee relating to waste management projects, including the timetable for implementation of these projects. 9. Capital and Revenue Works for 2002/2003

There was submitted a report on Capital and Revenue Works for 2002/2003.

Decision

1. The Committee noted the terms of the report.

2. The Committee requested that they be advised when the jet patcher would be used in this area to that they could see it at work.

3. The Committee will be kept informed about the progress of such projects as the Campbeltown Traffic Management Scheme.

10. Leisure Development A report was submitted by Director of Development and Environment Services dated 5 June 2002 describing applications which had been received for grants.

Decision

1. The following grants were agreed on the normal terms and conditions. ORGANISATION GRANT

Tarbert Enterprise Company £1,000 Mid Argyll Community Care Group £1,000 Cantilena Festival on Islay Ltd. No grant The Museum of Islay Life £1,500 Craignish Boat Club £150 Lochfyneside Junior Gaelic Choir £593 Fynesiders Barbershop Chorus £600 John Stuart £300 Jonathan Reid £100 Emma Dudley £100

TOTAL £5,343 Page 138

2. A report will be submitted to the August meeting as part of the consultation process into the use of NOF monies allocated for sports facilities and in the meantime members were invited to pass their views on to Mr Young in regard to their own areas.

3. Having noted damage to the panelling in the Council Chamber Campbeltown, the Committee agreed that care must be taken in the use of the Chamber by external groups and that letting of the Council Chamber will be restricted to meeting type situations.

11. Education Development

A report was submitted by Director of Education dated 5 June 2002 describing applications which had been received for grants.

Decision

The following grants were agreed on the normal terms and conditions.

ORGANISATION GRANT

Southend Playdays £445 Lorne and Lowland Church Youth £750 Summer Club Individual Grant – D Abernethy £150

TOTAL £1,345

12. Social Welfare

A report was submitted by Director of Housing and Social Work Services dated 5 June 2002 describing applications which had been received for grants.

Decision

1. The following grants were agreed on the normal terms and conditions.

ORGANISATION GRANT

Kintyre 6 Circle Group £1,500 KADAS £3,000 SEN Parents Support Group £1,000 Islay & Jura Advice Centre £3,000

TOTAL £8,500

2. The Area Manager was asked to obtain information for the next meeting about

(a) what other funds might be available for the Islay and Jura Advice Centre and Page 139

(b) what opportunities there were for a link to CAB by the Advice Centre.

13. Minutes of Kintyre Initiative Working Group dated 29 April 2002

There was submitted and noted minutes of Kintyre Initiative Working Group dated 29 April 2002.

Page 140 Page 141

Appendix 1

ARGYLL AND BUTE COUNCIL

TOWN AND COUNTRY PLANNING

APPLICATIONS TO BE CONSIDERED BY THE MID ARGYLL, KINTYRE & ISLAY AREA COMMITTEE AT THEIR MEETING ON 5 JUNE 2002

1. 02/00346/MIN Shanks Waste Services. Detailed. Improvements to waste disposal site – composting building and associated facilities, administration building, alterations to civic amenity site, amendment to gas flare and revised final restoration contours (amendment to planning consent 00/01824/MIN), Lingerton Waste Disposal Site, Lochgilphead.

Decision

That planning permission be granted subject to the standard time limit condition and reason and the conditions and reasons contained in the report by the Director of Development and Environment Services dated 14 March 2002.

2. 02/00619/OUT Mr J Wilson. Outline. Site for erection of dwelling, Baluachrach, near Kilmartin, Lochgilphead.

Decision

That planning permission be granted subject to the standard outline conditions and reasons and the conditions and reasons contained in the report by Director of Development and Environment Services dated 16 May 2002.

3. 02/00624/OUT Mr J Wilson. Outline. Site for erection of dwelling, Westwood, By Kilmartin, Lochgilphead.

Decision

That planning permission be granted subject to the standard outline conditions and reasons and the conditions and reasons contained in the report by the Director of Development and Environment Services dated 17 May 2002.

4. 02/00629/OUT Miles Hopperton. Outline. Site for the erection of dwelling and garage, Ground South West of Inverae, Minard.

Decision

That outline planning consent be granted subject to the standard outline conditions and reasons and the conditions and reasons contained in the report by the Director of Development and Environment Services dated 29 April 2002. Councillor Hay’s dissent was recorded.

5. 02/00657/OUT Diane Joan Steele & Caroline Susan Morris. Outline. Site for erection of two dwellings, installation of septic tank and improvement to private road, Plots 1 & 2, Land North East of Corranbeg House, Ardfern.

F:\moderngov\Data\AgendaItemDocs\5\3\8\AI00003835\PlanningApplicationsMAKI5June200200.doc Page 142

Motion

Councillor Hay seconded by Councillor Blair moved,

The land supply for housing in Ardfern specifically identified by the adopted Local Plan in order to complement the accompanying policy restrictions imposed by Policy HO11, has now been exhausted and there is consequently a lack of available sites on allocated land. Although the forthcoming Argyll and Bute Local Plan will address the need to make further housing land allocations, given the objections raised to this application, it is reasonable to expect that representations will lead to a significant delay in being able to finalise housing land release proposals for Ardfern, and that there will continue to be a shortfall in available sites in the interim. It is therefore prudent to approve this application as a ‘minor departure’ from adopted Structure Plan policy.

RRA2 (d) (J) and adopted Local Plan policy HO11, given that it is otherwise acceptable in terms of access and environmental impact, in order to help maintain an appropriate land supply until such time as the Council is in a position to approve future housing land release proposals for Ardfern.

Amendment

Councillor MacMillan seconded by Councillor Findlay moved that, the proposal be refused as being contrary to adopted development plan policy as set out in the report by Director of Development and Environment Services dated 2 May 2002.

Decision

1. There voted for the amendment 3 and for the motion 6.

2. The Committee agreed to recommend to the Public Service and Licensing Committee that the application be granted because, the land supply for housing in Ardfern specifically identified by the adopted Local Plan in order to complement the accompanying policy restrictions imposed by Policy HO11, has now been exhausted and there is consequently a lack of available sites on allocated land. Although the forthcoming Argyll and Bute Local Plan will address the need to make further housing land allocations, given the objections raised to this application, it is reasonable to expect that representations will lead to a significant delay in being able to finalise housing land release proposals for Ardfern, and that there will continue to be a shortfall in available sites in the interim. It is therefore prudent to approve this application as a ‘minor departure’ from adopted Structure Plan policy.

F:\moderngov\Data\AgendaItemDocs\5\3\8\AI00003835\PlanningApplicationsMAKI5June200200.doc Page 143 Agenda Item 4t

ARGYLL AND BUTE COUNCIL

MINUTES of MEETING of OBAN, LORN AND THE ISLES AREA COMMITTEE held in the COUNCIL CHAMBER, MUNICIPAL BUILDINGS, ALBANY STREET, OBAN on WEDNESDAY 5 JUNE 2002.

Present: Councillor David Webster (Chairman)

Councillor Robin Banks Councillor Alistair MacDougall Councillor Campbell Cameron Councillor Donald McIntosh Councillor Ian Gillies Councillor Duncan MacIntyre Councillor Allan Macaskill

Attending: Kenneth Macdonald, Area Corporate Services Manager Donald Kelly, Chief Solicitor Roy Alexander, Estates Surveyor Derek White, Area Property Officer George Harper, Director of Development & Environment Services John McIver, Senior Planning Officer Iain Welsh, Area Amenity Services Manager Gwilym Gibbons, Development Manager, Corran Halls Carol Walker, Area Community Education Officer Linda Kirkwood, Rector, Oban High School Jenny Des-Fountain, Head Teacher, Tobermory High School Moira Macdonald, Area Housing Manager Alex Taylor, Area Service Manager, Social Work Neil Brown, Area Transportation Manager

Apologies: Inspector Angus McIntosh, Strathclyde Police

The Chairman ruled, and the Committee agreed, in terms of Section 50B(4)(b) of the Local Government (Scotland) Act 1973 in terms of Standing Order 3.2.2, that item 22, which was not specified in the Agenda, should be considered at this meeting as a matter of urgency because of the need for a decision to be taken prior to the next meeting.

1. DECLARATIONS OF INTEREST

Councillor Cameron declared an interest in item 20 and took no part in the discussion thereof.

Councillor Gillies declared an interest in item 9 (application for financial assistance from An Talla) and took no part in the discussion thereof.

2. MINUTES

The Committee approved the following Minutes:

(a) Meeting of the Soroba Area Development Group held on 21 March 2002; and

(b) Meeting of the Area Committee held on 8 May 2002.

3. BONAWE QUARRY LIAISON GROUP

1 Page 144

The Committee considered, and noted, report dated 17 May 2002 by the Area Corporate Services Manager in regard to the mechanism for liaison between the Bonawe Quarry Liaison Group and the local authority / local community council.

(Ref: Report dated 15 April 2002 by the Area Corporate Services Manager, submitted)

4. APPLICATIONS FOR BUILDING WARRANTS AND RELAXATION OF THE BUILDING STANDARDS REGULATIONS

The Committee noted Building Warrants and Relaxation of the Building Standards Regulations in respect of which approvals had been issued since the last meeting.

(Ref: List of approvals, submitted)

5. APPLICATIONS FOR PLANNING PERMISSION

The Committee noted applications for planning permission in respect of which delegated decisions had been made since the last meeting was submitted and noted.

(Ref: List of delegated decisions, submitted)

The Committee also considered and dealt with the following applications for planning permission:-

Ref. No. Narrative

1. 02/00371/DET Mrs Anne C Walters - Detailed application - Erection of a dwelling house – Rear of Myrtle Cottage, Salen, Isle of Mull. Refused for the reasons set out in the report dated 1 May April 2002 by the Head of Development & Building Control, subject to the amendment of ‘encourage’ to ‘encouraged’ in reason no.4.

2. 02/00572/DET Isle of Mull Aviation Group – Detailed application – Erection of an aircraft hangar – Glenforsa Airfield, Glenforsa, Isle of Mull. Approved, subject to the conditions set out in the report dated 7 May 2002 by the Head of Development & Building Control, and subject to the amendment of the second sentence in condition no.3 to read ‘Such details shall show all external lighting positioned downwards, angled and directed in accordance with the Institute of Engineers Guidance Notes for the ‘Reduction of Light Pollution’ to avoid glare and light intrusion outwith the site’.

2 Page 145

3. 02/00678/DET Mr and Mrs O.Hargreaves – Detailed application – Erection of a dwelling house and garage – Land south of The Fairways, Tobermory, Isle of Mull. Approved, subject to (a) the conditions set out in the report dated 15 May 2002 by the Head of Development & Building Control; and (b) any further issues raised before the expiry of the statutory advertisement period on 6 June 2002 which have not already been considered by Members being remitted to the Chairman, Vice-Chairman and Councillor Banks for determination.

6. LANDFILL TAX APPLICATIONS TO EB SCOTLAND – SECOND TRANCHE

The Committee considered report by the Head of Amenity Services seeking comments in regard to the second tranche of landfill tax applications received by EB Scotland.

Decision:

To recommend (a) approval of the ranking preference shown in the appendix to the report; and (b) that project costs be included in the report to be submitted to the Strategic Policy Committee.

(Ref: Report by the Head of Amenity Services, submitted)

7. APPLICATIONS FROM VOLUNTARY ORGANISATIONS FOR FINANCIAL ASSISTANCE UNDER THE LEISURE DEVELOPMENT GRANTS SCHEME.

The Committee considered applications from voluntary organisations for financial assistance under the Leisure Development Grants Scheme as follows:

Applicant Narrative Project Cost Decision

Aros Hall Gym Club Replacement gym £ 1,799 Grant of £ 900 equipment Clan MacLean International Re- £10,000 Grant of £1,000 Association union on Mull.

Sound of Mull Week long festival £12,925 Grant of £2,500 Association of arts and music

Total £4,400

(Ref: Report by the Development Manager, Corran Halls submitted)

8. ACTIVITIES AT THE CORRAN HALLS, OBAN

The Committee considered, and noted report by the Development Manager, Corran Halls in regard to forthcoming events at the Corran Halls, Oban.

(Ref: Report by the Development Manager, Corran Halls submitted)

9. APPLICATIONS FROM VOLUNTARY ORGANISATIONS FOR FINANCIAL ASSISTANCE UNDER THE EDUCATION DEVELOPMENT GRANTS SCHEME

3 Page 146

The Committee considered applications from voluntary organisations for financial assistance under the Education Development Grants Scheme as follows:

Applicant Narrative Project Cost Decision

Luing Youth Club Operational costs. £ 830 Grant of £ 415

Prior to consideration of the following application Councillor Gillies, having earlier declared an interest therein, took no part in the discussion thereof.

An Talla – Tiree Employment of £12,000 Grant of £2,500 Community Hall temporary project co-ordinator.

Dunbeg Parents & Trip to London for £ 3,300 Grant of £ 1,650 Teachers presentation of Association National Community Award

Total £ 4,565

(Ref: Report by the Area Community Education Officer, submitted).

10. ANNUAL REPORT BY RECTOR OF OBAN HIGH SCHOOL

The Committee considered, and noted, annual report by the Rector of Oban High School. The Members commended the school’s achievement at being awarded the Eco School’s top award of the Green Flag. The Rector answered questions from members of the Committee.

(Ref: Report by the Rector of Oban High School, submitted).

11. ANNUAL REPORT BY HEAD TEACHER OF TOBERMORY HIGH SCHOOL

The Committee considered, and noted, annual report by the Head Teacher of Tobermory High School. The Members commended the school’s achievement in gaining the highest percentage in it’s history of S4 pupils achieving 5+ Standard Grade passes at level 5 or better (59%), being the eighth highest in Scotland. The Head Teacher answered questions from members of the Area Committee.

(Ref: Report by the Head Teacher of Tobermory High School, submitted).

12. POTHOLE REPAIRS - POLVINISTER ROAD, OBAN

The Committee considered, and noted, report by the Area Transportation Manager in regard to complaints received in respect of poor workmanship in effecting pothole repairs in Polvinister Road, Oban. It was noted that the surface dressing had not yet taken place due to adverse weather conditions.

(Ref: Report by the Area Transportation Manager, submitted)

13. PUBLIC QUESTION TIME

4 Page 147

Mr K.MacIntyre, Oban Asked for information in regard to the Council’s policy in Community Council regard to removal of abandoned vehicles and was advised of the procedure by the Area Amenity Services Manager. Having been advised by Mr MacIntyre of two such vehicles at Glencruitten and Dalintart, and of another by the Committee on Gallanach Road, the Area Amenity Services Manager undertook to investigate the position.

Mr N.MacKay, Oban Expressed concern in regard to the inadequacy of current Community Council arrangements for cleaning the Oban foreshore and asked that consideration be given to a permanent solution to this issue, specifically the filling in of the area to provide additional public car parking spaces.

14. PROPOSALS FOR UTILISATION OF FUNDING ALLOCATED TO AREA COMMITTEE

The Committee considered proposals received for consideration for funding from the £200,000 (£100,000 Capital and £100,000 Revenue) allocated in the current financial year.

Decision:

It was agreed that each Member be allocated £12,000 Revenue and £12,000 Capital for projects within their Ward, to be expended as follows:

WARD 10

Project Revenue Capital

Luing Vehicular Ferry – additional summer services £ 4,000 Muckairn Cemetery – drainage improvements £12,000 Taynuilt/Kilchrenan Road – drainage / scrub cutting £ 8,000

WARD 11

Project Revenue Capital

Community Playing Field, Dunollie £17,000 Beach Improvements & Cleaning £ 7,000

WARD 12

Project Revenue Capital

Airds Crescent - enhancement scheme £ 12,000 Safety Grid, McCaigs Tower £ 3,000 Scrub Cut, “ “ £ 3,000 Dungallan ‘Temple’ – paint and secure £ 2,000 Street Signage £ 2,000 Jacob’s Ladder – environmental improvements £ 2,000

WARD 13

5 Page 148

Project Revenue Capital

Land Acquisition, Soroba £22,000 Fence/Footpath (Oban High School) £ 2,000

WARD 14

Project Revenue Capital

Kerrera Slip £ 6,000 Airds Crescent - enhancement scheme £ 6,000 Kirk Road, Dunbeg – additional road lighting £ 3,000 Achnasaul Filter Drain – renewal £ 9,000

WARD 15

Project Revenue Capital

Shore Road, Connel - improvement £12,000 Benderloch/Tralee Road – provision of passing places £ 6,000 Bonawe Footpath £ 6,000

WARD 16

Project Revenue Capital

Tobermory Railings – painting £ 12,000 Kilmore Cemetery - New access road £ 12,000

WARD 17

Project Revenue Capital

Tiree Community Hall £13,000 Roads Improvements £ 11,000

OBAN, LORN & THE ISLES

Project Revenue Capital

Signage £ 7,000 Oban Airport Radio £ 1,000 ______TOTAL £100,000 £100,000

(Ref: Report dated 21 May 2002 by the Area Corporate Services Manager, submitted)

The Committee resolved in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, to exclude the public from the following items of business on the grounds that consideration of these items was likely to involve the disclosure of exempt information as defined in Paragraphs 9 and 13 of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

15. CORRAN HALLS, OBAN - BUILDING DEVELOPMENT ISSUES

6 Page 149

The Committee considered report dated 28 May 2002 by the Development Manager, Corran Halls in regard to building development works at the Corran Halls, Oban.

Decision:

Agreed that a further report be submitted to the next meeting advising of progress in regard to the various issues of concern.

(Ref: Report dated 28 May 2002 by the Development Manager, Corran Halls, submitted.)

16. GROUND AT 13 MILL LANE, OBAN

With reference to the Minutes of the meeting of 8 May 2002 when it was agreed that a report be submitted to this meeting in regard to the period of vacancy of the site, Members were advised that it had been vacated in June 2001.

Decision:

It was agreed that a further report be submitted to the next meeting in regard to arrangements for timeous leasing of sites in the future.

17. GROUND AT 4 MILL PARK, OBAN

Members were advised that income from this site, and the others in Mill Park and Mill Lane are credited to the Development and Environment Services account.

18. DISPOSAL OF SURPLUS SCHOOLHOUSES – MULL AND TIREE

The Committee considered report dated 30 May 2002 by the Director of Corporate & Legal Services in regard to the potential disposal of surplus schoolhouses on Mull and Tiree to West Highland Housing Association.

Decision:

It was agreed to authorise the Director of Corporate & Legal Services to proceed to conclude the sale transaction as set out in the report.

(Ref: Report dated 30 May 2002 by the Director of Corporate & Legal Services, submitted.)

19. LEASE OF FORMER TOBERMORY PRIMARY SCHOOL AND ANNEX

The Committee considered report dated 17 May 2002 by the Director of Corporate & Legal Services in regard to the proposed lease of the former Tobermory Primary School and annex to An Tobar Ltd.

Decision:

Approved the terms set out in the report.

(Ref: Report dated 17 May 2002 by the Director of Corporate & Legal Services, submitted)

7 Page 150

Prior to consideration of the following application Councillor Cameron, having earlier declared an interest therein, left the meeting and took no part in the discussion thereof.

20. DISPOSAL OF FORMER LOCK-UP GARAGES, LORN ROAD, DUNBEG

The Committee considered report dated 17 May 2002 by the Director of Corporate & Legal Services in regard to the disposal of the panel of former lock-up garages, Lorn Road, Dunbeg.

Decision:

Approved the terms set out in the report, subject to the successful bidder tidying the area following removal of the pre-fabricated concrete panels.

(Ref: Report dated 17 May 2002 by the Director of Corporate & Legal Services, submitted)

21. ENFORCEMENT ACTION

The Committee considered issues of enforcement action as follows:

Reference Decision

05/90/0089/ENF Having been advised that no report was available it was agreed that the matter be continued to the next meeting.

05/90/0090/ENF Having been advised that no report was available it was agreed that the matter be continued to the next meeting.

22. OBAN AIRPORT – AIR/GROUND RADIO SERVICE

The Committee considered report dated 30 May 2002 by the Area Transportation Manager in regard to the provision of an air/ground radio service at Oban Airport.

Decision:

1. To recommend to the Strategic Policy Committee that the cost of enhancement of the Air/Ground radio service at Oban be met by:

(a) reducing the Council’s share of landing charge revenue above historic levels to zero;

(b) introducing a charge for aircraft parking of £2.85 per tonne or part tonne per 24 hours or part thereof, the charge to apply only after an initial period of 4 hours. Where it is judged that the charge will deter business, the Area Roads Manager will waive it on the recommendation of Total Logistic Concepts; and

(c) charging private aircraft of 3000kg or above the commercial/public transport landing rate of £4.90 per 500kg.

and

2. To note that these arrangements are for the period until the present contract with Total Logistic Concepts expires.

8 Page 151

(Ref: Report dated 30 May 2002 by the Area Transportation Manager, submitted.)

9 Page 152 Page 153 Agenda Item 4u

ARGYLL AND BUTE COUNCIL

MINUTES of MEETING of the HELENSBURGH AND LOMOND AREA COMMITTEE held in LUSS VILLAGE HALL, LUSS on THURSDAY, 6 JUNE 2002

Present: Councillor Kinloch (Chair)

Councillor Coleshill Councillor Stewart Councillor Freeman Councillor Thompson Councillor Morton Councillor Wilson Councillor Petrie

Attending: Lynn Smillie Area Corporate Services Manager Howard Young Senior Development Control Officer Alister Mackenzie Area Roads Manager Gordon Sutherland Area Amenity Services Manager Ian Love Head of Statutory Plans Bill Geddes Statutory Plans Manager Garry Wilson Building Control Manager

Apologies: Councillors Latimer Councillor Stirling

Under Section 8 of the Council's Standing Orders the Chair agreed to consider an additional item as a matter of urgency due to a decision being required prior to the next Area Committee meeting. It was agreed to consider this item as 3 (e) of the Minute.

1. DECLARATIONS OF INTEREST

Councillor Thompson declared an interest in Minute Item 3b(i) and took no part in the decision.

Page 154

2. APPROVAL OF PREVIOUS MINUTES

(a) Area Committee – 7 May 2002

(i) The Committee approved Minutes of Meeting of 7 May as a correct record.

(ii) Agreed to reply in the strongest terms to the Cowal Games Committee letter dated 29 May 2002 at their decision not to reconsider the eligibility of the Cowal Competitions to all Argyll and Bute residents. It was also agreed that the Head of Legal Services examine the legalities of the Council’s decision to financially support the Cowal Games as a number of their competitions exclude certain residents from participating. Should the Cowal Games Committee not resolve the eligibility issues it was unanimously agreed that the Helensburgh and Lomond Elected Members would not support any decision to financially support the them in the future.

(b) Site Visit Minute - Land at Rear of Afton Cottage, Clynder - 7 May 2002

The Committee approved Minutes of Site Visit of 7 May 2002 as a correct record.

(c) Site Visit Minute - Keppoch Cottages, Cardross - 7 May 2002

The Committee approved Minutes of Site Visit of 7 May 2002 as a correct record.

(d) Site Visit Minute - Land adjacent to Ardenconnel, Aros Road, Rhu - 21 May 2002

The Committee approved Minutes of Site Visit of 21 May 2002 as a correct record.

(e) Site Visit Minute - 4 Abercromby Street, Helensburgh - 21 May 2002

The Committee approved Minutes of Site Visit of 21 May 2002 as a correct record.

3. DEVELOPMENT AND ENVIRONMENT SERVICES

(a) Extension of Powers of Delegation to the Director of Development and Environment Services in relation to Development and Building Control Matters

Seeking agreement to extend the powers of delegation to the Director of Development and Environment Services to process and determine certain development control functions. Page 155

Decision

(i) Agreed to note the terms of the tabled supplementary report.

(ii) Agreed to recommend to the Strategic Policy Committee to extend the current level of delegations to the Director of Development and Environment Services to cover the following areas:

• Approval for planning applications where objections have been received for Scottish Water on infrastructure grounds which can not be substantiated.

(Reference: Report by Head of Service - Development & Building Control dated 17 May 2002).

(b) Monthly List of Delegated Decisions

Delegated decisions taken by the Director of Development and Environment Services with regard to planning applications and building warrants since the last Committee.

Decision

To note the contents of the report.

(Reference: Report by Head of Service - Development & Building Control dated 14 May 2002). . (c) Applications for planning permission to be considered

There was submitted applications which the Committee considered and dealt with as detailed in Appendix 1.

EXCLUSION OF PRESS AND PUBLIC

Prior to discussion of the following two items of business it was unanimously agreed to pass the following Resolution:-

“That under Section 50A(4) of the Local Government (Scotland) Act 1973, as amended by the Local Government (Access to Information) Act 1985, the press and public be excluded from the meeting for these items of business on the grounds that they may involve the likely disclosure of exempt information as defined in Paragraph 13 of Part I of Schedule 7A to the Act”.

Page 156

(d) Enforcement Report - Helensburgh

Seeking approval for enforcement action under Regulation 24 of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 to be taken to ensure the removal of a mural advertisement

Decision

Having dealt with this item under Planning Applications this report was withdrawn.

(Reference: Report by Head of Development & Building Control dated 13 May 2002) .

(e) Enforcement Report - Rhu

Seeking approval for enforcement action under Section 127 of the Town and Country Planning (Scotland) Act 1997 and Section 34 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act.

Decision

Agreed to continue consideration pending site inspection by Members.

(Reference: Report by Head of Development & Building Control dated 5 June 2002).

(f) Consideration by Argyll & Bute Council of Landfill Tax Applications to EB Scotland - Second Tranche of Applications

To consider the applications detailed in the Appendix and confirm or amend the ranking preference currently shown in the Appendix and final decision notified to EB Scotland.

Decision

To note the contents of the report.

(Reference: Report by Head of Amenity Services dated 20 May 2002).

(g) Leisure Development Grants

Leisure Development Grant application for consideration. Page 157

Decision

The application was determined as follows:-

Helensburgh Savoy £1184.00

(Reference: Report by Area Leisure Manager dated 20 May 2002).

4. TRANSPORTATION AND PROPERTY

Works Programme 2002/2003

Outlining information on the revenue works programme and financial allocations for the Helensburgh & Lomond Area with details of works proposed to be carried out with Capital Reconstruction and Additional Grant Monies.

Decision

(i) To note the contents of the report.

(ii) To note that the Revenue Activity Allocation can be adjusted, as needs arise, within the overall total at the discretion of the Area Roads Manager.

(Reference report by Area Roads Manager dated 20 May 2002).

5. EDUCATION

Education Development Grants

Education Development Grant applications for consideration.

Decision

The applications were determined as follows:-

Parklands Playscheme £4430.40 Faslane Fun Factory £1500.00

(Reference: Report by Director of Education dated 20 May 2002).

Page 158

EXCLUSION OF PRESS AND PUBLIC

Prior to discussion of the following item of business it was unanimously agreed to pass the following Resolution:-

“That under Section 50A(4) of the Local Government (Scotland) Act 1973, as amended by the Local Government (Access to Information) Act 1985, the press and public be excluded from the meeting for this item of business on the grounds that it may involve the likely disclosure of exempt information as defined in Paragraph 9 of Part I of Schedule 7A to the Act”.

6. CORPORATE & LEGAL SERVICES

(a) Update of the Depot Proposal – Blackhill

Providing information on the current status of negotiations regarding the proposed acquisition of the site.

Decision

(i) Agreed recommendations as contained within the report.

(ii) Agreed to recommend to the Council the inclusion of £221,000 in the 2003/2004 Capital Programme for the road access to the depot site and to consider the inclusion in the 2004/2005 and 2005/2006 Capital Programme the Head of Amenity Services spending profile for the £1m Capital Expenditure for the additional development and infrastructure costs of the depot site.

(Reference: Report by Director of Corporate & Legal Services dated 7 May 2002).

(b) Area Committee Capital Revenue Expenditure 2002/2003

Councillor Kinloch and Councillor Morton tabled a motion to resolve the balance of the Area Committee Capital Revenue Expenditure 2002/2003.

Decision

(i) Agreed to utilise the balance of £46,000 Revenue allocated in the 2002/2003 budget on the following programme-

(a) Running costs of the Disability Contact Centre at East Clyde Street, Helensburgh until March 2002/2003 £15,000

(b) Spend to save maintenance work required at Cove and Kilcreggan Bowling Club £ 2,000

(c) Helensburgh CCTV system £10,000 Page 159

(d) Environmental Improvements throughout the £19,000 Helensburgh and Lomond area with the specific priorities being determined at a future Area Committee

(ii) Agreed to utilise the balance of £45,000 Capital allocated in the 2002/2003 budget on the following programme -

(a) Additional allocation for the internal refurbishment of the Victoria Halls (fire and security systems) £ 5,000

(b) Skateboarding facilities within the Helensburgh and Lomond area £20,000

(c) Street signs throughout the Helensburgh and Lomond Area £12,000

(d) Garelochhead Walkway £ 8,000

(iii)Agreed to recommend to the Strategic Policy Committee to withdraw the Helensburgh and Lomond Area Allocation Capital and Revenue Budget 2002/2003 motion from the next Council meeting as the allocation of the Helensburgh and Lomond Area Capital and Revenue Budget 2002/2003 has been unanimously resolved.

(Reference: Tabled motion dated 6 June 2002).

7. NOTICE OF MOTION

Pier Regeneration

In terms of Standing Order 13 the following Motion was received for consideration at this meeting.

The main conclusion from the recent Helensburgh Focus Day held on 17 May was that the people wanted the Pier regenerated to act as a focus for the town and to accommodate steamers like the Waverley, tenders from cruise liners and a possible fast ferry on the Clyde. This area committee asks for an urgent study on the alternatives for the regeneration of the Pier area including the costs of any necessary dredging. We ask that the Director of Roads and the Director of Environmental Services conduct this feasibility study in conjunction with our community partners and bring a report to the October Area Committee.

Proposed by Councillor Stewart Seconded by Councillor Morton Page 160

Decision

Agreed to support the contents of the Motion

(Reference: Motion by Councillor Stewart dated 20 May 2002).

8. NOTICE OF MOTION

Standard Domestic and Fridge/Freezer Uplift Charges

In terms of Standing Order 13 the following Motion was received for consideration at this meeting.

Standard domestic uplift charges in Argyll and Bute Council are £24.21 for the first 10 minutes plus £5 for subsequent 10 minutes. A new charge of £50 was introduced in the current financial year for the uplift of domestic deep freezes.

The council is currently in partnership with West Dunbartonshire Council for bulk storage of scrap fridges and freezers but West Dunbartonshire provide free uplifts of both old freezers and other domestic rubbish.

As people on pensions, benefits and low incomes were already finding the basic £24.21 uplift charge in Argyll and Bute unaffordable, this had already led to the anti-social habit of fly-tipping, particularly in Council housing estates where it is now established practise that the Council will clear-up such rubbish where it has been abandoned anonymously in the street or in public areas. This new £50 uplift charge for freezers will virtually guarantee an increase of fly-tipping which is not only anti-social but highly unattractive development in a tourism conscious area.

There are no concession in these charges for no income and low income households.

The Area Committee draws the attention of the Council to the adverse consequences of the new £50 uplift charges for scrap domestic fridges and freezers and the previous uplift charges for domestic rubbish and calls on the Council to review these charges with a view to making uplifts more affordable, particularly for low income and no income families.

Proposed by Councillor Thompson Seconded by Councillor Kinloch

Decision

Agreed that the Area Committee draws the attention of the Council to the adverse consequences of the new £50 uplift charges for scrap domestic fridges and freezers and the previous uplift charges for domestic rubbish and calls on the Council to review these charges with a view to making uplifts more affordable, particularly for low income and no income families.

(Reference: Motion by Councillor Thompson dated 20 May, 2002) Page 161

Appendix 1

ARGYLL AND BUTE COUNCIL

HELENSBURGH AND LOMOND AREA COMMITTEE

TOWN AND COUNTRY PLANNING

List of applications considered by the Helensburgh and Lomond Area Committee meeting on 6 June 2002. Minute Item 3 (c).

Application No.

01/02061/COU Mr. A. Simpson - Change of Use Application - Conversion and alteration of farm buildings to form 4 dwellings (together with associated car parking, garden ground, formation of passing places on access road and installation of sewage treatment plant, Camis Eskan Farm, Colgrain, Helensburgh.

Decision

Approve in accordance with the Conditions and Reasons as contained within the report by the Director of Development and Environment Services.

(Reference: Report by the Head of Development and Building Control dated 14 May 2002).

02/00255/DET Mr. & Mrs. J. Farrell - Detailed Application - Extension to dwellinghouse, 10 Ferniegair Avenue, Helensburgh

Decision

Approve in accordance with the Conditions and Reasons as contained within the report by the Director of Development and Environment Services.

(Reference: Report by Head of Development and Building Control dated 20 May 2002). Page 162

02/00280/DET Mr. & Mrs. Serpell - Detailed Application - Extension to dwelling - Dalarne, Pier Road, Rhu

Decision

To continue consideration pending site inspection with delegated powers by Members.

(Reference: Report by Head of Development and Building Control dated 14 May 2002).

02/00281/LIB Mrs. & Mrs. Serpell - Listed Building - Erection of Conservatory and Car Port - Dalarne, Pier Road, Rhu

Decision

To continue consideration pending site inspection with delegated powers by Members.

(Reference: Report by Head of Development and Building Control dated 14 May 2002).

02/00366/ADV Mrs. T. Reid - Advertisement Consent - Display of Gable Mural Advertisement (Retrospective) - 30 Colquhoun Square, Helensburgh.

Decision

(i) Agreed to recommend to the Public Services & Licensing Committee that permission be granted to Mrs. Reid personally and her current business with the proviso that should she close down or sell the business the gable end wall would be restored to a uniform and appropriate colour before the premises are vacated.

(ii) In light of the fact there had been a long standing advert on the gable end of this property it was considered that the sign displayed on the gable end of the building in question on Colquhoun Square was of such impact that it would not cause any detrimental environmental impact on the townscape and wider character of amenity of the area, neither was it grossly out of scale with the proportions of the building, It should therefore be considered as a minor departure from Policy NHL31 of the Dumbarton District Wide Local Plan.

(iii) Councillor Kinloch requested that his dissent be recorded

(Reference: Report by Head of Development and Building Control dated 13 May 2002).

Page 163

02/00441/DET Mr. & Mrs. Cairns - Detailed Application - Erection of extension and conversion of outbuildings to form ancillary residential accommodation - 111 Sinclair Street, Helensburgh

Decision

Approve in accordance with the Conditions and Reasons as contained within the report by the Director of Development and Environment Services.

(Reference: Report by Head of Development and Building Control dated 20 May 2002).

02/00440/LIB Mr. & Mrs. Cairns - Listed Building Application - Erection of extension and conversion of outbuildings to form ancillary residential accommodation - 111 Sinclair Street, Helensburgh.

Decision

Approve in accordance with the Conditions and Reasons as contained within the report by the Director of Development and Environment Services.

(Reference: Report by Head of Development and Building Control dated 20 May 2002).

02/00474/DET Arrochar Mountain Rescue Team - Detailed Application - Erection of Mountain Rescue Base Station with associated car parking and access road - Land behind Fire Station, Church Road, Arrochar

Decision

Approved in accordance with the Conditions and Reasons as contained within the report by the Director of Development and Environment Services.

(Reference: Report by Head of Development and Building Control dated 17 May 2002).

02/00500/COU Ritchie A. MacDonald - Change of Use Application - Change of Use of lay-by for siting of mobile snack bar A82 Lay-by, One Mile South of Tarbet. Page 164

Decision

Agreed to refuse in accordance with the recommendations contained within the report by the Director of Development and Environment Services.

(Reference: Report by Head of Development and Building Control dated 20 May 2002).

02/00533/DET Cala Management - Detailed Application - Removal of Chimneys (retrospective) - Larchfield, Colquhoun Street, Helensburgh.

Motion

(i) Approve in accordance with the Conditions and Reasons as contained within the report by the Director of Development and Environment Services.

(ii) Agree that a letter be sent to Cala Homes informing them in no uncertain terms of the Area Committee's disapproval.

Amendment

Agree to refuse on the basis that:

The mock chimneys help to break up the straight line of the roof and allow the building to blend in with the traditional architectural and historic character of the area.

The removal of the chimneys will have a detrimental visual impact and as such will detrimentally affect the external appearance and character of the building, the character and amenity of adjoining properties and the surrounding area and the character and appearance of the conservation area contrary to Policy BE3 of the Dumbarton District Wide Local Plan which states inter alia that within Conservation Areas all proposals for alterations shall be of a high standard of design and have regard to the traditional architectural and historic character of an area.

On a Show of Hands

Motion 2 Votes Amendment 6 Votes Page 165

Decision

Agree to refuse on the basis that:

The mock chimneys help to break up the straight line of the roof and allow the building to blend in with the traditional architectural and historic character of the area.

The removal of the chimneys will have a detrimental visual impact and as such will detrimentally affect the external appearance and character of the building, the character and amenity of adjoining properties and the surrounding area and the character and appearance of the conservation area contrary to Policy BE3 of the Dumbarton District Wide Local Plan which states inter alia that within Conservation Areas all proposals for alterations shall be of a high standard of design and have regard to the traditional architectural and historic character of an area.

(Reference: Report by Head of Development and Building Control dated 20 May 2002).

02/00582/DET Mr. & Mrs. Roy - Detailed Application - Erection of Garage, 14 Loch Drive, Helensburgh

Decision

Approved in accordance with the Conditions and Reasons as contained within the report by the Director of Development and Environment Services.

(Reference: Report by Head of Development and Building Control dated 13 May 2002).

02/00635/DET Mr. & Mrs. Biggs - Detailed Application - Erection of Extension to Dwellinghouse, 23 Duncan Road, Helensburgh

Decision

Approved in accordance with the Conditions and Reasons as contained within the report by the Director of Development and Environment Services.

(Reference: Report by Head of Development and Building Control dated 13 May 2002). Page 166

02/00663/DET Agnes Mary Paton - Detailed Application - Formation of Access and Driveway, 8 Hanover Street, Helensburgh

Decision

Approved in accordance with the Conditions and Reasons as contained within the report by the Director of Development and Environment Services.

(Reference: Report by Head of Development and Building Control dated 17 May 2002).

02/00700/DET Mr. Robert Munro - Detailed Application - Erection of Single, Detached Dwelling, Garden Ground associated with Bermersyde, Tarbet

Decision

Approved in accordance with the Conditions and Reasons as contained within the report by the Director of Development and Environment Services.

(Reference: Report by Head of Development and Building Control dated 15 May 2002).

02/00702/DET Mr. & Mrs. Naismith - Detailed Application - Extension to domestic garage, 44 Queen Street, Helensburgh.

Decision

Approved in accordance with the Conditions and Reasons as contained within the report by the Director of Development and Environment Services.

(Reference: Report by Head of Development and Building Control dated 16 May 2002).

Page 167 Agenda Item 5

ARGYLL & BUTE COUNCIL COUNCIL

CORPORATE AND LEGAL SERVICES 27 JUNE 2002

LOCAL FRAMEWORK RECOGNITION AND PROCEDURE AGREEMENT

1. SUMMARY

The Strategic Policy Committee (Education) on 9 May 2002 recommended that the Local Negotiating Committee be established in terms of the Framework Document appended to the Director of Education’s report. The Council is now asked to endorse the recommendation and agree the composition of the Management Side of the Negotiating Committee. The Education Spokesperson is automatically appointed as the Management Side Chair and the Council is asked to appoint one member from the Non Aligned Group and one other Councillor.

2. RECOMMENDATIONS

1. Agree to endorse the recommendation of the Strategic Policy Committee.

2. Agree to appoint one member from the Non Aligned Group and one other Councillor to the Negotiating Committee.

3. BACKGROUND

3.1 The National Agreement reached following recommendations made in the McCrone Report provided for the establishment of a Joint Negotiating Committee for Argyll and Bute.

3.2 The Committee will have responsibility to negotiate certain conditions of service and other local matters related to the organisation of the Education Service and report back to the Strategic Policy Committee.

4. BACKGROUND PAPERS

Local Framework Recognition and Procedure Agreement (Strategic Policy Committee (Education) 9 May 2002

Nigel Stewart Director of Corporate & Legal Services

14 June 2002

Council 27 June 2002 (Local Framework)) Page 168 Page 169

ARGYLL AND BUTE COUNCIL STRATEGIC POLICY COMMITTEE EDUCATION 9 MAY 2002

LOCAL FRAMEWORK RECOGNITION AND PROCEDURE AGREEMENT

1. SUMMARY

1.1 The National Agreement reached following recommendations made in the McCrone Report provided for the establishment of a Joint Negotiating Committee for Argyll and Bute.

1.2 The Committee will have responsibility to negotiate certain conditions of service and other local matters related to the organisation of the Education Service.

1.3 The Council is required to establish this Committee and agree its terms of reference.

2. RECOMMENDATIONS

2.1 The Strategic Policy Committee is asked to agree that a Local Negotiating Committee be established in terms of the framework document attached as Appendix 1.

3. DETAIL

3.1 Argyll and Bute Council is required to establish a Local Negotiating Committee as part of the National Agreement reached following the publication of the McCrone Report.

3.2 Formal discussions have taken place with the Teacher Trade Unions and Associations and they have had an opportunity to make proposals for incorporation in the paper.

3.3 It is proposed that the Negotiating Committee report to the Strategic Policy Committee. Members are asked to agree that the composition of the Management Side be:

Acm/sjk/i/committee/spc/Local Framework 1 Recognition and Procedure Agreement9May2002 Page 170

Education Spokesperson (Management Side Chair) One Councillor from Non Aligned Group One Other Councillor Director of Education Representative from Head Teachers’ Association Scotland (Secondary Head Teachers) Representative from Association of Head Teachers Scotland (Primary Head Teachers)

The Teachers’ Side are responsible for their own representation. The number involved however should not exceed six members.

3.4 The Committee will operate within the Standing Orders of the Council.

Archibald C Morton Director of Education Argyll and Bute Council 9 April 2002

Members wishing further information should contact Archibald Morton, Director of Education, Argyll House, Alexandra Parade, Dunoon PA23 8AJ

Acm/sjk/i/committee/spc/Local Framework 2 Recognition and Procedure Agreement9May2002 Page 171

APPENDIX 1

Framework Local Recognition and Procedure Agreement between Argyll and Bute Council and the Educational Institute of Scotland and The Scottish Secondary Teachers’ Association and The Professional Association of Teachers, The National Association of School Masters Union of Women Teachers, Headteachers Association of Scotland and the Association of Headteachers in Scotland.

1. Argyll and Bute Council hereby recognises The EIS, SSTA, PAT, NAS/UWT, HAS and AHTS as the sole representatives of the teaching staff, music instructors, advisers and educational psychologists employed by the Council on all matters relating to conditions of service as defined in paragraph 3 of this recognition and procedure agreement and other matters not subject to national bargaining. HAS and AHTS representatives will serve on the management side of the local committee.

2. The Council and the recognised unions jointly affirm their commitment to the maintenance of good industrial relations and accept that this Recognition and Procedure Agreement and any formal agreements which arise from it will be binding on the signatory parties.

3. All agreements, orders, settlements and determinations of the Scottish Negotiating Committee for Teaching Staff in School Education dealing with:

• cover agreements • appointment procedures • particulars of employment • expenses of candidates for appointment • transfer of temporary teachers to permanent staff • promotion procedures • staff development arrangements • specific duties and job remits • arrangements for school based consultation • other leave and absence arrangements • notice periods • housing • indemnification procedures • other allowances • discipline and grievance procedures

Acm/sjk/i/committee/spc/Local Framework 3 Recognition and Procedure Agreement9May2002 Page 172

shall be adopted as the base for negotiations under the procedures established by this Recognition and Procedure Agreement.

4. The purpose of this Recognition and Procedure Agreement is to establish bargaining machinery and a negotiating procedure between the Council and the signatory unions whereby relevant conditions of service can be determined for all teaching staff, music instructors, educational advisers and educational psychologists.

5. The Council hereby recognises the unions who are signatories to this Recognition and Procedure Agreement as the sole bargaining agents for the matters covered by this Recognition and Procedure Agreement.

6. The Council will negotiate through a Management Side appointed by itself. The recognised unions will negotiate through a joint union side appointed by them collectively which will reflect, on a pro-rata basis, the respective membership strengths of each organisation. The Management Side and the Joint Union Side will each appoint a secretary for their respective sides.

7. Negotiations between the two sides shall be conducted within a committee to be known as the Argyll and Bute Council Joint Negotiating Committee for Teaching Staff. Meetings of the Committee shall be held as and when requested by either side with the proviso that there will be at least three meetings in each calendar year. One of the meetings shall be designated the Annual General Meeting for the purpose of approving the membership of the JNC and reviewing any standing sub- committees. The joint secretaries shall be responsible for making the arrangements for meetings which shall be arranged within fourteen days of a request being lodged, or otherwise by mutual agreement.

8. The composition of each side of the Committee shall be determined by the sides separately, but shall not exceed six members on each side. The Committee may, from time to time, appoint a sub-committee or sub-committees to discharge such of the functions of the Committee as the Committee may specify.

9. The quorum for a meeting of the Committee shall be three from the Management Side and three from the Joint Union Side. In the case of a sub-committee, the quorum shall be determined by the Committee when the sub-committee is first established.

10. Agreement reached by the Committee shall be binding on the Council and the signatory unions as soon as this has been homologated by the Strategic Policy Committee or such other committee or in terms of such other arrangements the Council will make. Each of the parties confirm that they have the authority to undertake this responsibility in terms of the Recognition and Procedures Agreement.

Acm/sjk/i/committee/spc/Local Framework 4 Recognition and Procedure Agreement9May2002 Page 173

11. Agreements reached between the two sides shall be set out in a text jointly approved by the two sides and the text will be subscribed by the joint secretaries. All local agreements shall be reported to the SNCT.

12. The joint secretaries will be available to advise their respective sides on matters relating to agreements reached by the Committee. In formulating such advice the joint secretaries may consult with each other whenever they think it appropriate.

13. This Recognition and Procedure Agreement shall take effect as soon as it has been signed on behalf of the Council and on behalf of the Teachers’ Side.

14. No variation to this Recognition and Procedure Agreement may be made except with the consent of both Sides to this agreement.

15. The Council hereby agrees to ensure that the adequate paid time off work shall be granted to all union representatives on the Joint Negotiating Committee and that particular consideration shall be given to the amount of paid time off work required by the person appointed as union side joint secretary, as well as the necessary facilities covered by ACAS Code of Practice No. 3.

16. The signatory parties to this Recognition and Procedure Agreement acknowledge the importance of establishing and maintaining confidence in the negotiating arrangements established under this Agreement and recognise the need to negotiate in good faith.

17. In the event of any dispute being declared between the two sides or where there is a failure to agree at school level on any relevant matter, the Council and the signatory unions should seek to resolve the matter, without delay through discussion in the Committee. The Council further agrees not to implement any change which is the subject of dispute until the matter has been considered by the Committee. The signatory unions, likewise, further agree not to implement any form of industrial action unless and until the Committee has failed to achieve a resolution of the matter in dispute.

18. Where agreement between the two sides of the local negotiating committee is not possible, either side may refer the failure to agree to the Joint Chairs of the SNCT for conciliation. If the conciliation is unsuccessful the Joint Chairs of the SNCT may recommend further procedures for resolution of the difference, including external conciliation, mediation or binding arbitration.

Acm/sjk/i/committee/spc/Local Framework 5 Recognition and Procedure Agreement9May2002 Page 174 Page 175 Agenda Item 6

ARGYLL AND BUTE COUNCIL COUNCIL MEETING CORPORATE & LEGAL SERVICES 27 JUNE 2002

VACANCY ON THE AUDIT COMMITTEE

1. SUMMARY

1.1 Due to the recent resignation of Councillor Len Scoullar from the Audit Committee, a vacancy has arisen which requires to be filled.

2. RECOMMENDATIONS

2.1 The Council is requested to appoint a replacement from the Alliance, who is not a holder of an executive position, to fill the vacancy on the Committee.

3. DETAIL

3.1 Councillor Len Scoullar tendered his resignation from the Audit Committee on 27 May 2002 and therefore a vacancy which requires to be filled has arisen.

3.2 In terms of the Scheme of Administration & Delegations five members, none of whom shall be the holder of an executive position, are required to serve on the Audit Committee. The four Councillors currently serving on the Committee are:-

Alistair MacDougall Gordon McKinven James McQueen John Stirling

3.3 The Council previously agreed that in order to strike a political balance, the Committee would comprise 3 Members of the Non-Aligned Group, 2 Members of the Alliance and 2 Members who were not Councillors. As the resignation was from the Alliance, in order to retain a balance, it would be appropriate to appoint a Member from this Group. Councillor Robert Macintyre has intimated his willingness to exchange places with Councillor Scoullar taking his place on the Commercial Operations Board.

4. IMPLICATIONS

Policy In keeping with Council Policy Financial Travel costs may marginally increase/decrease depending on who is appointed Personnel None Equal Opportunities None Legal None

NIGEL STEWART Reports 2002 Council 27 June Page 176

Director of Corporate & Legal Services 29 May 2002

Reports 2002 Council 27 June Page 177 Agenda Item 7

ARGYLL AND BUTE COUNCIL COUNCIL MEETING

CHIEF EXECUTIVE 27 JUNE 2002

CHIEF OFFICERS’ SALARY REVIEW

1. SUMMARY

1.1 This report brings back to the Council the matter of the Chief Officers’ Salary Review in keeping with the Council decision taken on 14 February 2002 when the Council decided to continue consideration of my two previous reports to the meeting of the Council when the outturn expenditure for the 2001/2 financial year is reported. The unaudited accounts for that financial year are before the Council at this meeting.

2. BACKGROUND

2.1 I reported to the Strategic Policy Committee on 18 January 2002 the context for the review of the Chief Officers’ Salaries, following on from the implementation of the MacIntosh Review of Chief Executives’ Salaries. I circulated with that report a copy of Sir Neil MacIntosh’s report and Members are referred both to my report and to Sir Neil’s as previously circulated.

2.2 The relevant SJNC Circular applying the MacIntosh Review findings to Chief Executives also provided that “it will be a matter for each Council to examine the position of other Chief Officials within the scope of the SJNC in the light of the outcome of the Chief Executive’s review and other local factors”.

2.3 In my report to the SPC I reminded the Committee that at the time of reorganisation of Local Government in 1995/96 the Council had adopted a management structure of 12 Directors and 27 Heads of Service. Changes in the intervening years give a current establishment of 6 Directors and 22 Heads of Service. In the intervening years collectively the same level of responsibility has been carried by a smaller number of Chief Officials such that Chief Officers have seen their responsibilities increasing on an individual basis. Had the Council still been employing the other six Directors and five Heads of Service then the ongoing annual additional gross cost to the Council would have been £802,000.

2.4 One of the influences affecting the MacIntosh Review was the impact of McCrone and my previous report contained a note showing the salary comparisons and the changing relativities between Head Teachers of Secondary Schools, Depute Head Teachers where the roll is over 1050, and Head Teachers in Primary Schools with a roll over 500 and the salary of Heads of Service during this period if inflationary increases only were applied.

2.5 The salaries of our current six Directors equated to 80% of the Chief Executive’s salary (and in turn the Heads of Service equated to 74% of Directors’ salaries) prior to the application of the MacIntosh Review findings to the Chief Executive.

(Notes 1271 Val) Page 178

Each of the Chief Officers is paid at a fixed point and no contractual link was established at the outset of the Council whereby with the current increase in the Chief Executive’s salary following the MacIntosh Review the Chief Officers would have been automatically maintained at this percentage. In a number of Scottish Councils the contractual link was established and the increases automatically followed to those Officials.

2.6 My previous report to the Strategic Policy Committee in January indicated that the full year cost to the Council in 2002/3 of this Review being implemented for the Chief Officers represented a net addition being required to the Budget of £171,262 with a net addition of £271,239 being required in 2003/4. The Strategic Policy Committee decided to request Directors to identify savings which would not impact on service delivery and which would cover the cost of a Chief Officers’ salary increase, and referred the matter to the Council Budget Meeting on 14 February 2002.

2.7 In my subsequent report to the 14 February 2002 meeting I set out the basis on which each Service would meet their respective share of the costs without impacting on service delivery. In the event, the Council decided to take 50% of the savings which had been identified by Directors to cover the costs of the Chief Officers’ Salary Review and applied that saving otherwise. The Council decided to continue consideration of the matter to this meeting of the Council when the outturn expenditure for the 2001/2 financial year is reported.

3. CONCLUSION

In my previous report on this matter I indicated my belief that the information which I had provided supported the case for the previous percentage linkage to be maintained, and I remain of the view that that linkage should be restored with effect from 1 September 2002 on the basis that 50% of the savings previously identified remain available for that purpose.

JAMES A McLELLAN Chief Executive

18 June 2002

(Notes 1271 Val) Page 179 Agenda Item 8

ARGYLL & BUTE COUNCIL COUNCIL MEETING CORPORATE & LEGAL SERVICES 27 JUNE 2002

MEMBERS ALLOWANCES

1. SUMMARY

1.1 These notes accompany the attached tables which show the details of allowances paid to Members of this Council during 2001/2002 as part of the Accounts of the Council for that year.

1.2 Each year Local Authorities are obliged to publish details of the allowances paid to Council Members. Details of those for 2001/2002 are in the tables attached, and in terms of Regulation 28 of the Local Authorities (Allowances) (Scotland) Regulations 1995, these are accordingly published with this Agenda.

1.3 Records of all payments of allowances are kept by the Director of Finance, they are available for public inspection by any Local Government elector in Argyll and Bute in terms of Regulation 28(4) and are, of course, subject to both internal and external audit..

1.4 It should be noted that the tables attached record gross figures, but, of course, the actual payments which Members receive are net of tax.

2. RECOMMENDATION

2.1 The Council is asked to note the publication of the tables of allowances paid to Members during 2001/2002.

NIGEL STEWART Director of Corporate and Legal Services 7 June 2002

Lreports 2002 council 27 June 2002 Page 180

Lreports 2002 council 27 June 2002 Page 181

ARGYLL & BUTE COUNCIL TABLE 1 MEMBERS BASIC ALLOWANCE 2001/02

MEMBERS AMOUNT NAME PAID R BANKS 5474.85 T A BLAIR 5474.85 C CAMERON 5474.85 B CHENNEL 5474.85 P COLESHILL 5474.85 D C CURRIE 5474.85 R CURRIE 5474.85 J FINDLAY 5474.85 G FREEMAN 5474.85 I GILLIES 5474.85 A J HAY 5474.85 D KELLY 1879.65 R KINLOCH 5474.85 S LATIMER 5474.85 A MACASKILL 5474.85 A MACDOUGALL 5474.85 D MACINTYRE 5474.85 R MACINTYRE 5474.85 D MACKINNON 5474.85 D MACMILLAN 5474.85 T B MARSHALL 5474.85 A MCCALLUM 2550.95 D MCINTOSH 5474.85 A MCKINLAY 5474.85 G MCKINVEN 5474.85 J MCQUEEN 5474.85 E MORTON 5474.85 W PETRIE 5474.85 B ROBERTSON 5474.85 A L SCOULLAR 5474.85 M STEWART 5474.85 J F STIRLING 5474.85 I STRONG 5474.85 F G THOMPSON 5474.85 D WALSH 5474.85 D WEBSTER 5474.85 S WILSON 5474.85

196050.35

Page 182

ARGYLL & BUTE COUNCIL TABLE 2 MEMBERS SPECIAL RESPONSIBILITY ALLOWANCE 2001/02

MEMBERS AMOUNT NAME PAID R BANKS 10499.61 T A BLAIR 2005.38 C CAMERON 1717.71 B CHENNEL 3111.66 P COLESHILL 1717.71 D C CURRIE 1621.81 R CURRIE 1717.71 J FINDLAY 4615.65 G FREEMAN 9127.96 I GILLIES 8909.33 A J HAY 8744.39 D KELLY 602.68 R KINLOCH 9283.30 S LATIMER 6903.81 A MACASKILL 13092.61 A MACDOUGALL 4615.65 D MACINTYRE 9024.40 R MACINTYRE 1717.71 D MACKINNON 8995.63 D MACMILLAN 9168.23 T B MARSHALL 1890.31 A MCCALLUM 1243.81 D MCINTOSH 2944.97 A MCKINLAY 8726.73 G MCKINVEN 3008.10 J MCQUEEN 4615.65 E MORTON 4483.32 W PETRIE 13092.61 B ROBERTSON 4770.99 A L SCOULLAR 2005.38 M STEWART 1717.71 J F STIRLING 4512.09 I STRONG 2005.38 F G THOMPSON 1890.31 D WALSH 9283.30 D WEBSTER 9168.23 S WILSON 1890.31

194442.14

Page 183

ARGYLL & BUTE COUNCIL TABLE 3 MEMBERS TELEPHONE ALLOWANCE 2001/02

MEMBERS AMOUNT NAME PAID R BANKS 344.05 T A BLAIR 344.05 C CAMERON 344.05 B CHENNEL 344.05 P COLESHILL 344.05 D C CURRIE 344.05 R CURRIE 344.05 J FINDLAY 344.05 G FREEMAN 344.05 I GILLIES 344.05 A J HAY 344.05 D KELLY 119.86 R KINLOCH 344.05 S LATIMER 344.05 A MACASKILL 344.05 A MACDOUGALL 344.05 D MACINTYRE 344.05 R MACINTYRE 344.05 D MACKINNON 344.05 D MACMILLAN 344.05 T B MARSHALL 344.05 A MCCALLUM 151.05 D MCINTOSH 344.05 A MCKINLAY 344.05 G MCKINVEN 356.92 J MCQUEEN 344.05 E MORTON 344.05 W PETRIE 344.05 B ROBERTSON 344.05 A L SCOULLAR 344.05 M STEWART 344.05 J F STIRLING 344.05 I STRONG 344.05 F G THOMPSON 344.05 D WALSH 344.05 D WEBSTER 344.05 S WILSON 344.05

12325.53

Page 184

ARGYLL & BUTE COUNCIL TABLE 4 MEMBERS SUBSISTENCE 2001/02

MEMBERS AMOUNT NAME PAID R BANKS 705.47 T A BLAIR 0.00 C CAMERON 634.25 B CHENNEL 239.81 P COLESHILL 73.36 D C CURRIE 221.38 R CURRIE 6067.48 J FINDLAY 4023.24 G FREEMAN 542.04 I GILLIES 3925.04 A J HAY 134.47 D KELLY 111.84 R KINLOCH 172.95 S LATIMER 485.45 A MACASKILL 1141.84 A MACDOUGALL 1178.76 D MACINTYRE 1330.84 R MACINTYRE 461.08 D MACKINNON 652.08 D MACMILLAN 611.12 T B MARSHALL 344.75 A MCCALLUM 95.38 D MCINTOSH 315.45 A MCKINLAY 405.33 G MCKINVEN 72.37 J MCQUEEN 286.02 E MORTON 312.61 W PETRIE 708.80 B ROBERTSON 421.09 A L SCOULLAR 36.07 M STEWART 274.88 J F STIRLING 177.97 I STRONG 189.29 F G THOMPSON 91.85 D WALSH 215.74 D WEBSTER 200.46 S WILSON 60.00

26920.56

Page 185

ARGYLL & BUTE COUNCIL TABLE 5 MEMBERS FERRY FARES 2001/02

MEMBERS AMOUNT NAME PAID R BANKS 1.70 T A BLAIR 34.80 C CAMERON 82.80 B CHENNEL 31.45 P COLESHILL 0.00 D C CURRIE 31.20 R CURRIE 2879.20 J FINDLAY 1974.00 G FREEMAN 0.00 I GILLIES 1810.20 A J HAY 34.55 D KELLY 0.00 R KINLOCH 10.00 S LATIMER 84.00 A MACASKILL 21.70 A MACDOUGALL 758.90 D MACINTYRE 66.65 R MACINTYRE 520.20 D MACKINNON 171.10 D MACMILLAN 112.05 T B MARSHALL 94.50 A MCCALLUM 11.95 D MCINTOSH 0.00 A MCKINLAY 23.90 G MCKINVEN 20.90 J MCQUEEN 27.50 E MORTON 33.50 W PETRIE 11.40 B ROBERTSON 23.90 A L SCOULLAR 288.50 M STEWART 0.00 J F STIRLING 0.00 I STRONG 793.95 F G THOMPSON 0.00 D WALSH 68.25 D WEBSTER 14.60 S WILSON 0.00

10037.35

Page 186

ARGYLL & BUTE COUNCIL TABLE 6 MEMBERS OTHER TRAVEL 2001/02

MEMBERS AMOUNT NAME PAID R BANKS 3553.32 T A BLAIR 1223.05 C CAMERON 6217.41 B CHENNEL 2269.80 P COLESHILL 156.27 D C CURRIE 1743.61 R CURRIE 4757.49 J FINDLAY 1574.18 G FREEMAN 7369.35 I GILLIES 3519.17 A J HAY 3446.52 D KELLY 871.64 R KINLOCH 3284.69 S LATIMER 3207.45 A MACASKILL 6566.94 A MACDOUGALL 3680.30 D MACINTYRE 5807.29 R MACINTYRE 3837.56 D MACKINNON 2213.08 D MACMILLAN 2933.73 T B MARSHALL 3551.54 A MCCALLUM 739.73 D MCINTOSH 1960.60 A MCKINLAY 5137.20 G MCKINVEN 1915.31 J MCQUEEN 2164.12 E MORTON 1116.26 W PETRIE 3404.13 B ROBERTSON 2286.24 A L SCOULLAR 2442.10 M STEWART 1455.00 J F STIRLING 1172.58 I STRONG 3314.55 F G THOMPSON 1168.71 D WALSH 5049.91 D WEBSTER 1470.62 S WILSON 1106.32

107687.77

Page 187 Agenda Item 9

ARGYLL AND BUTE COUNCIL COUNCIL MEETING

CORPORATE POLICY 27 JUNE 2002

RENEWING LOCAL DEMOCRACY – THE NEXT STEPS

1. SUMMARY The Scottish Executive published its White Paper – “Renewing Local Democracy – the Next Steps” in March 2002. This paper set out the next stage of discussions on issues raised following the report of the Kerley Committee. In particular it explores issues relating to the remuneration of councillors, electoral reform and the removal of barriers that prevent or inhibit a wider range of people to seek to become councillors. Councillors considered the questions raised by the paper at a seminar held on 13 June 2002. The attached draft response has been prepared to reflect the views expressed at that time.

2. RECOMMENDATIONS That the Council instruct the Head of Corporate Policy to respond to the White Paper in the terms set out in the attached draft response.

3. IMPLICATIONS Policy: While some specific points are newly made, the main thrust of the draft response is consistent with previous responses to consultations on these issues. Financial: The response does not entail any financial implications, though the proposals within the white paper could have significant and ongoing impact should they be adopted. Personnel: None. Equal Opportunities: None.

ALASDAIR BOVAIRD HEAD OF CORPORATE POLICY For Further Information Contact: Alasdair Bovaird, 01546 604260 Page 188

Appendix: Draft response Argyll and Bute Council welcomes the opportunity to respond to the questions raised in the Executive’s White Paper – Renewing Local Democracy: the Next Steps. The Council believes that the paper raises fundamental and important questions about the future of local government in Scotland and welcomes the continued commitment of the Executive to fully debating and discussing these issues with the whole of the Scottish Community. Local government has undergone significant upheaval in recent years, and many of the effects of the most recent reorganisation have yet to be resolved. The Council therefore welcome unreservedly the commitment made by the Executive in the introduction to the White Paper that there will be no review of boundaries, nor a ‘wholesale reduction’ in the number of councillors. The Council’s comments on the paper are grouped below under the appropriate chapter headings. Removing barriers The Council welcomes ministers’ intentions to discuss with CoSLA and others – including local authorities – ways of making councils more representative of their communities. We look forward to participating in those discussions and to seeing the results of them. We welcome the proposal to reduce the age for standing as a councillor to eighteen. In considering the issue of political restriction of officers, the Council agrees that this restriction should be tied to the role rather than the salary of an officer, but we would prefer statutory guidance to be prepared on the definition of ‘posts providing policy advice’: the Council believes that this would give greater force to the definitions developed and ensure a level playing field across Scotland on this point. The Council has previously expressed a view welcoming the removal of the restrictions placed on the use of electronic communication in the conduct of council business. We already make extensive use of video conferencing and e-mail for routine business and management meetings. The ability to use these techniques for the formal business of the council would be a significant contribution to our ability to manage our resources and time more effectively. The council considered carefully the issue of the restriction placed on former councillors becoming council employees. The view reached by the council is that there is no reason for any restriction on this transition unless the post concerned is a politically restricted one – in which case a former councillor should be debarred from council employment for a period of six months after demitting office. We also believe that public service as an elected member should be seen as valuable in its own right. All employing organisations should be encouraged to encourage their employees to consider such activities. It is vital therefore that public agencies are seen to be taking a lead in this regard. Restrictions on political activity should be minimised, and should be applied equally across all parts of the public sector – including the civil service. This applies not just to statutory restrictions but also to less formal, cultural impediments to public activity. Page 189

Electoral Reform Argyll and Bute Council favours retention of the First Past the Post system of elections and is opposed to the introduction of proportional representation to council elections. Remuneration Councillors have to pay a considerable price for their wish to represent and serve their community. The price is paid in time, money and lost opportunities for personal development – whether professionally or socially. Argyll and Bute Council believes it is time that councillors were properly rewarded for their efforts. We therefore welcome the commitment of the Executive to address this issue, and urge them to do so with expedition. Remuneration Committee The Council supports the proposal for a national remuneration committee, since it would offer both external validation and support for the payments being made to councillors. This committee could also have the role of endorsing the allocation of responsibilities within an individual council’s scheme of political management: there would therefore be no need for a ‘quota’ of councillors who should receive payment for additional responsibilities. Salaries The Council believes that becoming a councillor should be a valid career choice – that can contribute to an individual’s career progression – without necessarily becoming an all- consuming vocation. We therefore fully support the salary-based option set out in paragraph 60 of the Executive’s paper. We also believe that this salary should be the same across Scotland. The job description of a councillor will not vary between authorities: nor therefore should the ‘rate’ for that job. The Council is of the view that the responsibility and workload of an average councillor is at least equal to that of an MSP – and in most cases exceeds it. This is done without access to anything approaching the office support and allowances available to individual MSPs. Members of Quangos are remunerated at rates far in excess of those of councillors – often for very limited hours or days of work. We do not believe therefore that an MSP’s salary is an adequate comparator in establishing councillors’ salaries. Pensions The whole question of pensions is highly technical and complex. The Council has discussed the issues raised on this matter at some length. On balance, it has drawn the following conclusions: • That Councillors should have access to the Local Government Pension Scheme, but that there should be the facility to opt out, or to pay Additional Voluntary Contributions into the scheme. • That the watchword of any arrangement should be flexibility. Councillors need to be able to retain or transfer existing pension contributions from private, company or other pension schemes, and they need to be able to return to those schemes with fully protected rights and contributions on retrial from council office. • That existing members of the scheme (i.e. staff) will need to be reassured that the impact of councillors joining the schemes will not be to put additional strain on the fund. Page 190

• That in the interests of equity, arrangements should be made to backdate councillors pension entitlements – through a contribution to the funds from the Scottish Executive – since, failing such an arrangement, existing councillors will be unable to escape from the hardship imposed upon them by the existing regime. Severance Pay It is in nobody’s interest that councillors should continue to serve when they do so only for financial reasons. The reality of the current position is that sometime councillors might feel unable to step down since they could not afford to do so without the allowance for being a councillor. The lack of pension contributes to this problem: so too does the lack of any cushion on retirement. Argyll and Bute Council therefore would support the establishment of a severance package for Councillors who wish to retire voluntarily from Council duties in recognition of their unremunerated years of service. Powers, Resources and Structures Capital finance While in principle the Council welcomes the move to abolish the existing system of capital consents, it is unable to give its full support to these moves without a clear view on the implications such a move would have for revenue expenditure support for loan charges. Improvement Service Argyll and Bute Council is committed to the agenda of improvement. We are concerned that any new service should not draw funding from front-line service provision, should be flexible and accountable to local authorities of all types, and should be able to demonstrate a real contribution to improvements in public services over time. Leadership Advisory Panel The Council believes that the work of LAP is complete, and that it should be wound up. Co-option The Council is concerned to be able to obtain advice from a wide range of public perspectives. It has carried out experiments with youth and pupil forums and the like. However, while the advice received is invaluable, we believe that the co-option of such groups or individuals into council committee structures would serve only to dilute accountability on the part of those who have faced the electorate. We do not believe that it would be helpful to pursue the formal co-option of non-elected members onto council structures in this way. Page 191 Agenda Item 10a

WHAT BUSINESS ARE WE IN?

REPORT BY CHIEF EXECUTIVE

Page 192

REMIT

At their meeting on 21st March 2002 the Council agreed, inter alia, the following recommendation of the Strategic Policy Committee.

That all Directors bring forward within 4 weeks a report on what they consider to be their Core Service/Core Business (mandatory/discretionary) with information on resources and why they have taken this view.

This remit has to be read alongside the other decision about “streamlining” which is the subject of a separate report.

The core business is about what we do.

The “streamlining” is about how we do it.

BACKGROUND TO REMIT

My understanding of what gave rise to the remit from the Council was the view of the Leader and the Strategic Policy Committee that we had to look critically at (in the sense of challenging) what we do. Their view is that resources are going to continue to be tight (see the section in the streamlining report on the financial context) and that rather than make incremental savings year on year we take stock now well in advance of 2003/2004 of what we consider to be the priority areas of our business, be clear about what we do and don’t do and concentrate on doing what we do better.

In considering this it might be helpful for me to expand on the phrases mandatory/discretionary and core/non core.

Mandatory is what we have a duty to do – something we must do. Discretionary is where we have a power – we may do it.

To take a couple of examples.

1. It is mandatory i.e. a duty to secure adequate and efficient provision of Education.

However even within this duty there is some discretion as to how that duty is met e.g. there are choices within the school curriculum and some discretion in the pupil:teacher ratio. Likewise we choose to provide some services e.g. libraries within schools even though we do not have a duty to do so.

2. Some services may (discretionary) make grants or loans.

It is in exercising discretion, making choices, that brings us again to the issue of core/non core. The Council could take the view that the economy of the area is “core”. There is no mandatory level however at which we are required to support the economy and the Council could view this in a number of quite legitimate but different ways:- Page 193

• Increase the level of funding for business development if the view was that encouraging business could best support the economy

or conversely

• Stop funding business development and transfer the funding to roads maintenance if the view was that sustaining the physical infrastructure could best support the economy

• Or indeed a range of combinations.

I am not sure to what extent the information provided by the Directors (and there is no criticism implied in this) helps this debate. I sense Members wish to move the debate onto what is important for Argyll and Bute, what do we want to achieve and how do we prioritise our resources behind that. The information provided is a starting point in the process and is available in the Members Room. Depending on the Council decision as to how it takes forward the considertion of “what/how” this can be copied for each Councillor.

CONCLUSION

In order for Members to be able to debate and explore issues around and the consequences of any changes to the range of services we offer I feel this has to be done in an interactive way as covered in the second report.

As indicated earlier what we do and how we do it are linked and we should take the two exercises forward in tandem.

James McLellan Chief Executive 19th April 2002 Rep0322 – 2nd

Page 194 Page 195 Agenda Item 10b

“HOW WE DO OUR BUSINESS”

REPORT BY CHIEF EXECUTIVE

Page 196

Introduction and Remit

At their meeting on 21st March 2002 the Council agreed the following recommendations of the Strategic Policy Committee of 7th March which in turn arose from a report by the Leader of the Council:-

1. That all Directors bring forward a report on what they consider to be their core services/core business (mandatory/discretionary) with information on resources and why they have taken this view within the next 4 weeks.

2. That the Chief Executive report back to a future meeting of the Strategic Policy Committee on streamlining the organisation to give priority to customer service, and to take account of other major factors such as the Education NPDO, Housing Stock Transfer, Single Status and the Government’s Modernising Agenda.

3. That the Chief Executive investigate the possibility and implications of a central Personnel Department and report back to the Strategic Policy Committee within the next 2 months.

In the discussion at the Council meeting the Leader also made the following comments which are important in relation to the foregoing remit:-

• A full report would come back to the Council.

• Better and more customer focused services.

• While the level of funding was a constraint, even if more money were available, the objective would still be to deliver best value – the initiative is not purely finance driven.

• Adhere to practice of no compulsory redundancies – look to achieve any reduction through natural wastage.

Background

While the intention behind the remit is to look forward, not backwards, I feel it is helpful to have a short background to our development as a Council.

At the time of local government re-organisation we came into operation with a shortfall of £7m in funding the level of services we inherited (ie mismatch); over 200 vacancies from the disaggregation of staff exercise (which, while helpful in terms of contributing towards the savings which required to be made, left large gaps in the knowledge we inherited); a shortfall in office and depot accommodation and a similar requirement for substantial investment in IT including the replacement of all of our main financial systems. Page 197

At the same time as the transfer at 1st April 1996 we put in place our system of decentralisation – the first Council to do so on such an extensive basis.

In the years since, while still addressing ongoing and sometimes quite substantial operational issues, and while coping with a decline in our resources we have sought to move the focus to a more strategic and proactive approach linked into a Best Value regime with success on a number of fronts. Some examples are:

• Introduction of quality systems – eg IIP in Personnel; Chartermark in Education.

• An improvement in our SPI position.

• Best Community Involvement Award for GRAB

• Success in challenge funding – MGF1, 3 Islands Partnership and Young Scot; Digital Communities for the North Argyll Atlantic Islands; Port Askaig Pier.

• Solid progress with our Community Planning Partnership and a good track record on working in partnership with other agencies and communities in delivering on the Government’s, and our own, objectives.

In this time also, as outlined in my report to the Strategic Policy Committee on 18th January we have reduced from 12 Directors and 27 Heads of Service to a current establishment of 6 Directors and 22 Heads of Service.

Context for Review

There are a number of factors to be taken into account in providing the context within which any review would take place.

Core/Non Core

The review of the mandatory/discretionary or core/non core business of the Council is about WHAT we do. The streamlining is about HOW we do it. The two are linked and one must inform the other. There is a separate report on this information provided by Directors on what we do.

Resources

The debate about and the decision on WHAT we do as a Council will be determined by what the Council regards as their priorities and the level of resources available. The level of resources also affects HOW we operate. The Director of Finance has, with a number of caveats, provided the following information on the financial resources in 2003/2004 and for later years.

“This note concentrates on the 2003/04 projected budget position. Only a very broad indication will be given for later years as Government grant figures for these years will not be announced until later this year. Page 198

2003/04

When setting the council tax for 2002/03, an indicative council tax increase of 2.9% was reported for 2003/2004. This produced an indicative level of savings required of £0.887m.

However, the following factors now have to be taken into account.

1. The Leader has again indicated that an increase lower than 2.9% should be the target

2. In order to reduce the council tax increase for 2002/03, funds were utilised to the extent of £0.839m

Many other factors could influence the level of savings required. These include further procurement costs in connection with the Education capital project, whether the level of funding for free personal care and other national social work commitments is sufficient and upward cost pressures on waste management. For the purposes of this 2003/04 projection, these will be taken as department specific and would require specific departmental savings to compensate. There may also be further ringfenced government grant, requiring a corresponding increase in expenditure with no net benefit to the Council.

The estimated savings requirement for 2003/04 could therefore be constructed as follows:-

1. Savings estimated at a council tax increase level of 2.9% £0.887m

2. Further savings to contain the council tax increase to 1.9%* 0.350m

3. No further utilisation of funds (continued revenue funding for area committees and insurance premiums 0.839m

4. Council funded element of inflation (not supported by grant) 1% 1.100m £3.176m *For zero add further savings of £665,000

2004/05 & 2005/06

In the absence of grant figures, only very broad assumptions can be applied. If it is assumed that Government policy will be to expect Council to part fund inflation (this includes pay awards) and the Council will not wish to have an increase in council tax above the rate of inflation, savings in excess of £1.1m will be required each year.”

Page 199

One further comment. While on Islay on 22nd March Andy Kerr the Finance Minister emphasised that the levels of growth (his words) we have seen in Local Government spending over the last years would not continue in 2003/04 and beyond.

The indications are that, while the Council will continue to argue its case for a fairer share of the cake, the cake itself will be smaller in real terms.

Worforce

In relation to the work force it is important that the Council is aware from the outset that we are not over staffed when compared with similar authorities – borne out by an independent study we commissioned from Albert Tait of the COSLA consultancy.

The best value review of human resources highlighted the challenges in how we communicate, develop, train, resource our workforce and in any review all these points need addressing.

National Agenda/External Environment

There are a number of themes which emerge from the national agenda and the environment in which we operate each of which, in its own way, prompts us to think about how we do our business.

Social Inclusion

Joint Futures funding for a more integrated approach between Health and Social Work in the case of the elderly and Childrens Change Fund in respect of vulnerable children.

Focus on customer - reinforced with specific Government funding such as - .

Use of ICT to bring about a radical cultural change in the way services can be delivered (21st Century Govt).

Partnership working – through Community Planning where some funding is being channelled eg. Better Neighbourhood Services Fund, Health Improvement Fund and other mechanisms such as Social Inclusion Partnerships.

Comparison with the private sector and other Councils who are moving to larger groupings of services round themes/client groups such as – children and young people with these groupings being led by Corporate Directors/Managers.

The changing demographic pattern within Argyll and Bute which will affect the future requirements for services and alter the patterns of service delivery.

Page 200

Major Issues within Council

There are 2 major issues within the Council which will affect its future shape – the Education NPDO proposal and the Housing Stock Transfer both of which, should they proceed, will have major ramifications across all services.

There are other significant factors which have to be taken account of. One is the future remuneration of Leader/Spokespersons under the Kerley proposals and their job description in the future, recognising the balance which lies between political accountability on the one hand and managerial/professional accountability on the other. My own view is that the role of Spokesperson will increasingly go beyond the local government services for which we are directly responsible, and expand more and more into the wider spheres of health, environment, social and economic issues. Again this has implications for the Council in terms of how we are organised to lead and support this wider agenda for our area.

The level of the Chief Officers pay award (the discretionary McIntosh element) is also a factor which has to be recognised in the funding of the Chief Officer structure.

Our model of decentralisation has been in operation for 6 years and while there have been significant developments with the introduction of our link Director role, the preparation of Area Strategies and the provision of Capital and Revenue funding we have not had a debate about how we see this developing further.

Funding of Changes in any Reduction in Staff Numbers

Costs of early retirement and voluntary redundancy could be considerable. The Council does not have an accumulated general fund of a suitable size to draw on.

Outcomes and Underlying Principles

Any review should be governed by the Council’s statement of Goals and Values.

Set within that framework I understand that the vision for streamlining in terms of service delivery and culture, is for

“a council which puts its citizens and customers at the heart of the design and delivery of high quality, responsive and integrated public services with a network of partners, delivered by a well motivated, trained, flexible and positive workforce; supported by modern business processes and technology”.

The key points implicit and explicit in all of this are

• Customer focus

• Quality service

• Partnership working

• Importance of the workforce Page 201

• Modern business environment

Questions which need to be asked and answered in order to take us towards delivering on the vision include -

• How do we go about changing and developing our services around our customers?

• How do we consult and involve them?

• What affect will this have on the structure and the culture of the organisation?

• What quality systems are in place? What needs to be developed?

• What services do we/can we provide in partnership with others (front line and support) and how do we determine and develop this?

• Are the workforce “up” for the change? How do we identify, support, train and develop those who are? How do we deal with those who aren’t?

• To what extent do our current systems and processes help or hinder the service we deliver? What needs to be developed/discarded?

• To what extent does our structure help or hinder an integrated approach? What needs to change?

What we are looking at is a major exercise. It has to be adequately resourced. I would recommend that if the Council wishes to take this forward now they advertise the fact we are looking at a major business re-engineering exercise, make available to interested parties this report and supporting information (eg Budget, Service Plan etc) and ask them to make a submission outlining their approach, and indicative costs for the exercise to be carried out within the attached timescale (Appendix)

I would also recommend that a Policy Development Group be appointed with appropriate powers to take all decisions necessary to enable a report to be brought back to the Council in January 2003.

If the view of the Council is that we do take steps now to take this forward then from the outset we have to inform the workforce about and involve them in this review.

Page 202

I would add that, if we are proceeding on this basis, then the previous decision about looking at a central personnel department, reviewing after a year the operation of I.T. within the CE’s unit and reviewing the operation of the property service under a shared Head of Service be rolled up into this review.

James McLellan Chief Executive 17 June 2002

Rep0273 – 2nd Page 203

APPENDIX

KEY MILESTONES 2002/2003

27th June Council appoint Policy Development Group (no more than 7 Members) with powers to interview and appoint external advisor.

Council agree to facilitated review of service delivery arrangements.

PDG meet at conclusion of Council.

Week commencing 1st July Advertise for expressions of interest and submissions on how review would be carried out.

Write to firms previously expressing interest.

Early August Review submissions and short leet.

Mid August Policy Development Group interview and appoint external advisor.

End November Final report from advisor – basically a 3 month exercise.

December Policy Development Group meet and finalise proposals to Council.

16th January Council agree service approach and arrangements and management structure. If changed structure then move to:-

Mid January Advertisement/Circulation of posts.

End February Closing Date for Applications.

Mid March Short leeting and invitation to interview.

End March Interviews and appointment.

Page 204 Page 205 Agenda Item 11

ARGYLL AND BUTE COUNCIL COUNCIL FINANCE 27 JUNE 2002

2001/2002 ANNUAL ACCOUNTS (UNAUDITED)

1. SUMMARY

The unaudited Annual Accounts should be lodged with the Controller of Audit by 30 June 2002 in accordance with legislation. The unaudited Accounts should also be submitted to Council and a set is attached to this report.

The General Fund shows a surplus position, made up of free reserves of £232,000 and a sum of £255,000 reserved for the 3 Island Partnerships, a total of £487,000. The Housing Revenue Account (HRA) shows a surplus position of £1,151,000.

The Direct Labour Organisations and the Direct Service Organisations returned a net surplus of £157,000. Included in the overall surplus was a deficit on the Property Maintenance DLO of £85,000.

Overall, revenue expenditure was within budget although the Department of Education exceeded their budget provision.

2. RECOMMENDATION

The Council note the submission of the unaudited Accounts within the statutory timescale and note that the unaudited Accounts will also be submitted to the Audit Committee for scrutiny.

3. DETAIL

3.1 Introduction

There is a statutory requirement to prepare a set of Accounts and submit the Accounts to the Controller of Audit and the Council.

The date set for submission of the Accounts by the Scottish Executive, is 30 June of each year.

It should be noted that the Accounts have still to be audited. The Auditors certificate and letter to Members will be submitted to Members immediately after the completion of the audit anticipated for 30 September 2002. Figures are therefore subject to change.

3.2 Outturn for the Year on the General Fund and the Housing Revenue Account

3.2.1 Details are shown on the page in the Accounts headed “Consolidated Revenue Account”.

1 Page 206

3.2.2 The following table shows the variances between actual and budget for the year (where actual exceeds budget, the difference is shown as a bracketed figure):- £ooo’s

Central Services to the Public 233 Central Support Services 115 Development & Environment Services 63 Education *(891) Housing & Social Work (excl HRA) (29) Loan Charges 764 Local Taxation 326 Transportation & Property *559 £1,140

Supplementary estimates, provision for Housing Benefit Subsidy repayment and SINA commitments from 2000/01 not fully covered by savings, less contributions from DLOs & DSOs (738) £402

Housing Revenue Account (HRA) (490) (Financed from HRA Reserve) 490 -__

*£200,000 of the Transportation and Property surplus was achieved by Education department deferring capital expenditure and allowing Transportation to capitalise from revenue, thereby achieving a surplus against their original revenue budget i.e. surplus of £200,000 was achieved by Education department’s actions and should be taken against the Education department’s over-expenditure. The savings were instructed by the Strategic Policy Committee in August 2001 following examination of the 2000/2001 financial outturn.

As can be seen from the table, net expenditure was within budget overall and a surplus of £402,000 resulted. When the surplus of £85,000 at 31.3.2001 is added, it produces the surplus of £487,000 carried forward into 2002/03, per para 3.3.1.

3.2.3 During June, July and August 2001, the Leader chaired a working group on the 2000/2001 Education Department and Transportation and Property Department financial outturn. As part of the continuing monitoring, in October 2001, the major accountancy firm KPMG (who are also in partnership with the Council to provide an internal audit service) were commissioned to express an opinion on financial control within the Education department in respect of the 2001/02 financial

2 Page 207

year. This followed comments made in the Revenue Budget Monitoring reports on the reliability of revenue budget information. Following an adverse report from KPMG, the Strategic Policy Committee at its meeting on 21 February 2002, transferred financial control to the Director of Finance. An action plan is in place to improve financial control within the Education department and regular progress reports are submitted to the Strategic Policy committee by the monitoring group. The quality of budget information available within the Education department does not allow a detailed explanation of the variance from the budget to be presented to Members.

3.3 General Fund Reserve & Housing Revenue Account Reserve

3.3.1 The General Fund Reserve at 31 March 2001 amounted to £85,000 and the total sum carried forward at 31 March 2002 amounts to £487,000. A surplus of £147,000 for the year has been achieved and a further sum of £255,000 is included in the surplus but has to be regarded as earmarked for the 3 Islands Partnership. The £255,000 is earmarked because budget provision was made for 2001/02 but expenditure was not fully incurred giving rise to the creation of a surplus balance earmarked for future spending in accordance with the Council’s decision.

3.3.2 The Housing Revenue Account Reserve at 31/3/2001 amounted to £1,573,000. A deficit of £490,000 was incurred for the year and interest of £68,000 on the reserve balance was added. The total sum carried forward at 31/3/2002 therefore amounts to £1,151,000.

3.4 Outturn on the Capital Account

In the Composite Programme (which excludes the HRA) Capital Consent exceeded expenditure by £980,000. This Consent can be carried forward and utilised in 2002/2003. The reason for the excess Consent was due to the issue of Public Transport Consent by the Scottish Executive to the Council at the end of March, with expenditure to then take place in 2002/2003. Capital expenditure on the HRA was £14,000 under the Consent and this can be carried forward into 2002/2003.

3.5 Direct Labour Organisations (DLOs) & Direct Service Organisations (DSOs)

The position on DLO/DSO trading is shown on the page headed “SUMMARY DLO/DSO REVENUE AND APPROPRIATION ACCOUNT”. Overall, a net surplus of £157,000 has been achieved although the Property Maintenance DLO incurred a loss of £85,000. All other DLOs and DSOs achieved a surplus. In total, over the last 3 years, the Property Maintenance DLO have returned a small surplus.

Stewart McGregor Director of Finance 17 June 2002 reports/27june2002smg20012002annualaccounts

3 Page 208 Page 209 2001 - 2002 ANNUAL ACCOUNTS

ACCOUNTS FOR THE PERIOD

1 APRIL 2001 TO 31 MARCH 2002

(Unaudited)

19/06/2002 Version 1 Page 210 Page 211 2001-2002 ANNUAL ACCOUNTS CONTENTS

Page

FOREWORD BY THE DIRECTOR OF FINANCE 2 - 4

STATEMENT OF RESPONSIBILITIES FOR THE STATEMENT OF ACCOUNTS 5

STATEMENT OF ACCOUNTING POLICIES 6 - 7

CONSOLIDATED REVENUE ACCOUNT 8

NOTES TO THE CONSOLIDATED REVENUE ACCOUNT 9 - 12

HOUSING REVENUE ACCOUNT 13

SUMMARY DLO/DSO REVENUE AND APPROPRIATION ACCOUNT 14

COUNCIL TAX INCOME ACCOUNT 15 - 16

NON-DOMESTIC RATE INCOME ACCOUNT 17

CONSOLIDATED BALANCE SHEET 18

NOTES TO THE CONSOLIDATED BALANCE SHEET 19 - 25

STATEMENT OF MOVEMENT ON RESERVES 26

CONSOLIDATED CASH FLOW STATEMENT 27

NOTES TO THE CONSOLIDATED CASH FLOW STATEMENT 28 - 29

STATEMENT ON CORPORATE GOVERNANCE 30

Page 1 Page 212 2001-2002 ANNUAL ACCOUNTS FOREWORD BY THE DIRECTOR OF FINANCE for the year ended 31 March 2002

Introduction

This foreword is intended as a comment on Argyll and Bute Council's financial position as presented within the Statement of Accounts for the financial year 2001/2002.

Statement of Responsibilities This statement sets out the main financial responsibilities of the Council and the Director of Finance.

Accounting Policies

The Statement of Accounting Policies sets out the basis upon which the Financial Statements have been prepared, and explains the accounting treatment of both general and specific items.

The Financial Statements

Consolidated Revenue Account shows the income raised by the Council during the year and how it was spent on services, financing costs and contributions to/from reserves. The surplus or deficit is carried to the Statement of Total Movement on Reserves. The notes to the Consolidated Revenue Account provide additional information on some costs and income included within the Consolidated Revenue Account.

Housing Revenue Account reflects the statutory requirement to separately account for local authority housing provision, as defined in the Housing (Scotland) Act 1987. It shows the major elements of housing revenue expenditure and capital financing costs, and how these are met by rents, housing support grant and other income. The surplus or deficit is carried to the Statement of Total Movement in Reserves.

Summary DLO/DSO Revenue and Appropriation Account gives the summarised financial outturn for each DLO/DSO for the financial year. It also shows how the overall surplus or deficit is dealt with. A note to the statement indicates whether the DLO/DSO's have achieved their statutory financial objective. The overall DLO/DSO position is carried to the Consolidated Revenue Account and Statement of Total Movement on Reserves.

Council Tax Income Account explains how the council tax income shown for the financial year in the Consolidated Revenue Account is made up.

Non-domestic Rate Income Account shows the build up of non-domestic rate income, the contribution to or from the national pool and the resulting net income for the financial year to the Council which is shown in the Consolidated Revenue Account. Consolidated Balance Sheet brings together all the assets and liabilities of the Council's General Fund, Direct Labour and Direct Service Organisations and Loans Fund. It is the statement of the resources of the Council and the means by which they have been financed. It is also a report on the Council's financial position at one particular point in time, a snapshot of its financial affairs at the close of the year expressed in accounting terms. The notes to the Balance Sheet give further information on the make up of certain assets and liabilities.

Statement of Total Movement in Reserves gives details of the balances on each reserve at the start of the financial year, movements during the financial year by source and the balance at the end of the financial year as shown in the Balance Sheet.

Consolidated Cash Flow Statement summarises the inflows and outflows of cash arising from the transactions with third parties on both day to day revenue transactions and on capital activities.

Major Changes in Accounting Practice

The Council continues to adopt the accounting practices recommended by the Chartered Institute of Public Finance and Accountancy (CIPFA) and the Local Authorities (Scotland) Accounts Advisory Committee (LA(S)AAC). The annual accounts for 2001/2002 have been prepared in compliance with the 2000 Statement of Recommended Practice (SORP) and the update bulletins for 2001. The format of the Consolidated Revenue Account has been revised on line with the Best Value Accounting Code of Practice (BVACOP) and 2000/2002 comparative figures restated.

Financial Reporting Standard 17 (FRS17) - Retirement Benefits is to be implemented over a three year period into Public Sector Accounts. For the financial year ended 31 March 2002 disclosure is required, as a note to the accounts, of the balance sheet asset or liability of retirement benefits as calculated in accordance with FRS17. These disclosures comply with the Code of Practice on Local Authority Accounting in the 2000 and Update Bulletin 2.

Hymans Robertson were instructed by Glasgow City Council, the administering authority to the Strathclyde Pension fund to undertake calculations in respect of the Local Governement Pension Scheme on behalf of Argyll and Bute Council as at 31 March 2002. Their calculations have been carried out in accordance with Guidance Note 36: Accounting for Retirement Benefits under FRS17 issued by the Institute of Faculty of Actuaries.

Page 2 Page 213 2001-2002 ANNUAL ACCOUNTS FOREWORD BY THE DIRECTOR OF FINANCE for the year ended 31 March 2002

Property Valuations

In accordance with the 2000 Statement of Recommended Practice (SORP) all properties are required to be formally revalued at intervals of not more than five years. A five year rolling programme of revaluation was started in 1999/2000 and has continued during the last two financial years. Of the valuations inherited from the former District and Regional Councils £6.652m of operational and £2.624m of non-operational buildings still require to be valued. It is the intention of Argyll and Bute Council to revalue these properties during the 2002/2003 financial year.

Consolidated Revenue Account

The general fund balance at 31 March 2002 amounted to £0.487m. This is an increase of £0.402m on the 31 March 2001 balance of £0.085m. However, it should be noted that the Council has forward commitments of £0.255m to be funded from this. The Council budgeted for a balanced budget during 2001/2002.

The general fund surplus of £0.402m can be analysed as follows: £'m £'m Increased Income

Savings in Loan Charges 0.764 Increase in Council Tax and Community Charge Collection 0.326 DLO/DSO Contributions 0.157 1.247 Increased Expenditure Supplementary Estimates Approved: Foot and Mouth Precautionary Measures (0.129) Supporting People Preparations (0.028) Pupil Transport Costs (0.210) (0.367)

Departmental Outturn Position (0.478)

General Fund Surplus 31 March 2002 0.402 Departments contained expenditure within approved budgets except for Education where expenditure exceeded budget by £0.691m.

DLO/DSO's

During 2001/2002 the Council's DLO/DSO's achieved a surplus of £0.157m. The surplus has been taken as a contribution to the General Fund. All DLO/DSO's met their statutory financial objective, apart from the Property Maintenance DLO. In a period of financial constraints the overall contribution is a welcome outcome and reflects positively upon the Council's management of direct services.

Housing Revenue Account

The balance on the HRA reserve stands at £1.151m at 31 March 2002. This compares to a budgeted balance of £1.306m. The main factors giving rise to the reduction of £0.155m in the reserve are as follows:

Savings in Capital Financing Costs and Interest Earned 0.146 Increase in Other Income 0.185 Increased 0.331

Additional Expenditure on Repairs and Maintenance (0.160) Void House Rents and Provision for Bad Debts (0.227) Other Movements (0.099) Increased Expenditure (0.486)

Reduction in HRA Reserve (0.155)

A contribution of £0.7m to supplement the capital expenditure programme took place during the year in line with the approved budget.

Capital Expenditure

The Council incurs capital expenditure within limits laid down by the Scottish Executive who issue consents under Section 94 of the Local Government (Scotland) Act 1973. Capital receipts (from the sale of buildings, land, etc.) and private sector contributions are used to enhance these consents, subject to certain Scottish Executive restrictions placed on the use of receipts. Details of capital expenditure are as follows:

Page 3 Page 214 2001-2002 ANNUAL ACCOUNTS FOREWORD BY THE DIRECTOR OF FINANCE for the year ended 31 March 2002

Composite Programme Housing Revenue Account £'m £'m Net Allocation 15.559 1.607 Usable Capital Receipts 1.175 1.057 Capital Financed from Current Revenue 0.000 0.700 Gross Consent 16.734 3.364

Capital Expenditure 15.754 3.350

Excess Expenditure (0.980) (0.014)

Full use of the tolerance limits on capital expenditure was planned. The Council's spending was in line with this plan. However, during late March the Council agreed to take additional consent to safeguard Public Transport Fund projects. The £0.980m carry forward is within tolerance limits allowed and will be offset against the consent available in 2002/2003. Containing expenditure within the tolerance limit demonstrates effective management of the substantial capital investment programmes and the continuing pressure upon these programmes. The composite programme includes all services other than Police, Fire and the Housing Revenue Account. Joint Boards control capital expenditure on Police and Fire and are reported separately thereon. The Housing Revenue Account covers capital expenditure on the Council's stock of houses. The composite programme includes additional consent in relation to Public Transport Funded projects which the Council secured in competition, securing much needed additional investment in the Council area.

Other Significant Matters

The Council has been active in progressing a range of initiatives which are worthy of mention in order to gain a full understanding of the Council's business.

Over the last 2 years the Council has been developing a public private partnership to secure the necessary capital investment to meet the Council's long term waste disposal needs. The contract was signed during September 2001.

The Council secured funding under the new housing partnerships programme. This funding has been utilised to carry out an options appraisal study for large scale voluntary transfer of the housing stock. The options appraisal is now complete and the Council is proceeding with a feasibility study.

In common with other Councils a significant investment in school buildings is required. The Council has adopted a proactive approach to this and has submitted an outline business case to the Scottish Executive as a basis for revenue support for a PPP.

Conclusion The Council ends the year with a small general fund surplus. The size of the surplus leaves little room for flexibility. Improvements in council tax collection, savings in loan charges, effective management of DLO/DSOs and containment of expenditure in most departments has offset over expenditure on Education. There is a small reduction in the HRA reserve. In overall terms the Council has achieved its objectives in utilising capital consents.

The Council will continue to pursue initiatives to secure additional funding. Budgetary control is being scrutinised to improve financial control within Education.

Stewart McGregor Director of Finance 28 June, 2002

Page 4 Page 215 2001-2002 ANNUAL ACCOUNTS STATEMENT OF RESPONSIBILITIES FOR THE STATEMENT OF ACCOUNTS

THE AUTHORITY'S RESPONSIBILITIES

The Authority is required:

1. to make arrangements for the proper administration of its financial affairs and to secure that one of its officers has the responsibility for the administration of those affairs. In this authority, that officer is the Director of Finance.

2. to manage its affairs to secure economic, efficient and effective use of resources and safeguard its assets.

THE DIRECTOR OF FINANCE'S RESPONSIBILITIES

The Director of Finance is responsible for the preparation of the authority's statement of accounts, which in terms of the CIPFA/LA(S)AAC Code of Practice on Local Authority Accounting in Great Britain ("The Code of Practice"), is required to present fairly, the financial position of the authority as at 31 March 2002 and its income and expenditure for the year ended on that date.

In preparing this statement of accounts, the Director of Finance has:

1. selected suitable accounting policies and applied them consistently;

2. made judgements and estimates that were reasonable and prudent;

3. complied with "The Code of Practice".

The Director of Finance has also:

1. kept proper accounting records which were up to date;

2. taken reasonable steps for the prevention and detection of fraud and other irregularities.

Page 5 Page 216 2001-2002 ANNUAL ACCOUNTS STATEMENT OF ACCOUNTING POLICIES for the year ended 31 March 2002

The Accounts have been prepared in accordance with the Code of Practice for the publication of Financial Information. Due regard has been given to the Statements of Recommended Practice and Accounting Standards as they apply to Local Authorities in Great Britain.

1. REVENUE ACCOUNTS Revenue transactions have been recorded on an income and expenditure basis, actual or estimated sums having been included in respect of known debtors and creditors at the year end.

Customer and client receipts in the form of sales, fees, charges and rents have been accrued in the period to which they relate.

Employee costs have been charged to the period within which the employees worked.

Interest payable on external borrowing and internal interest has been accrued in the period to which it relates on the basis of the overall economic effect of the borrowing. The cost of supplies and services has been accounted for in the period during which they were received or consumed.

All revenue grants are matched with the expenditure to which they relate. Grants made to finance the general activities of a local authority or to compensate for loss of income are credited to the revenue account of the financial year to which they relate. Specific government grants are accounted for on an accruals basis when the conditions for receipt have been complied with.

2. OVERHEADS The cost of all Central Support Departments are fully allocated over user departments. Allocations have been based on actual or estimated activity levels, time or floor areas.

3. PENSIONS The cost of providing pensions for employees is charged to the revenue account in accordance with the statutory requirements governing the particular pension schemes to which the Council contributes.

The accounting treatment followed by the Council is not in accordance with the Statement of Standard Accounting Practice 24 (SSAP24), "Accounting for Pension Costs", which requires that the pension costs should be charged to revenue in such a manner as to provide a substantially level charge for current and future pension costs. It is not considered appropriate to reflect non-cash items of this nature in the accounts of the Council and, therefore, the charge for the year represents only the actual contributions paid.

The employer's contributions to the scheme are assessed every three years by a consulting actuary and are calculated to ensure the actuarial solvency of the fund. The cost of pensions to the Council, reflected in the financial statements, is the actual contribution paid in the year as determined by the actuary.

4. CAPITAL ACCOUNTING

Accounting Policy Statement

The accounts have been drawn up in accordance with the Code of Practice on Local Authority Accounting in Great Britain, which is recognised by statute as representing proper accounting practices. In Scotland the status of the 1993 Code is derived from the Scottish Office Circular 5/1985 and not from a statutory source. Services have been charged for the assets based on their value rather than on the financing costs of debt outstanding on the asset.

Fixed Assets All expenditure on the acquisition, creation or enhancement of fixed assets has been capitalised on an accruals basis.

Disposal of Fixed Assets The receipts arising from the disposal of fixed assets have been dealt with on an accruals basis. Those of a capital nature are credited to the Capital Financing Reserve.

Depreciation All assets, other than Land, Non-operational Buildings and Community Assets, are being depreciated over their useful economic lives. This policy complies with the requirements of the 2000 SORP which incorporated the introduction of Financial Reporting Standard 15 (FRS15), "Tangible Fixed Assets".

Operational Buildings – Other - 20 – 50 years Operational Buildings – Council Dwellings - 30 years Infrastructure and Deferred Government Grants thereon - 40 years Vehicles - 4 – 20 years Plant and Equipment - 3 – 10 years Vessels - 25 years

Page 6 Page 217 2001-2002 ANNUAL ACCOUNTS STATEMENT OF ACCOUNTING POLICIES for the year ended 31 March 2002

5. DEFERRED CHARGES Deferred charges represent capitalised expenditure which does not result in, or remain matched with, tangible fixed assets. Deferred charges are amortised to the revenue account over a period reflecting the continuing benefit which the Council receives as a result of the expenditure. Expenditure which is considered to represent no continuing benefit to the Council is charged to the revenue account in the year it is incurred. The Council's accounting policy for Deferred Charges was changed in financial year 2000/2001.

Deferred charges arising during the financial year have been written out immediately with service revenue accounts being charged on the basis of the benefit that the service receives as a result of the expenditure. Adjustments have been made through the contribution to the Capital Financing Reserve so that there is no net impact on the amount to be met from government grants and local taxation.

6. STOCK & WORK IN PROGRESS Stock has been valued at the lower of cost and net realisable value.

Work in progress is reflected in the Revenue Accounts and Balance Sheets of the appropriate trading activities at cost plus, where appropriate, a proportion of overheads together with attributable profits and allowances for future losses.

7. PROVISION FOR BAD AND DOUBTFUL DEBT Due account has been taken of the likelihood of the collection of outstanding debt, including local tax collection, and, where appropriate, debtor balances have been reduced to reflect this.

8. INSURANCE FUND An insurance fund has been established in accordance with the Local Government (Scotland) Act 1994.

9. RESERVE FUNDS A Repairs and Renewals Fund has been established in accordance with the Local Government (Scotland) Act 1975. Reserve Funds for the Direct Labour and Direct Service Organisations have been established in accordance with the relevant CIPFA Code of Practice. A Capital Fund has also been established within the Direct Labour Organisation.

10. LEASING All current leases are classified as "operating leases" as defined by Statement of Standard Accounting Practice 21 (SSAP 21), "Accounting for Leases and Hire Purchase Contracts". The annual rentals are charged to the appropriate Revenue Account.

11. ASSETS FINANCED BY COVENANT SCHEMES

The accounting treatment of assets financed under Covenant Schemes is in accordance with Section 4.1 of Guidance Note 1 - Covenant Schemes Accounting Treatment and Disclosures - issued by the Local Authority (Scotland) Accounts Advisory Committee (LA(S)AAC). The Council's indebtedness is recorded as a Deferred Covenant Liability in the Consolidated Balance Sheet. The assets have been valued in accordance with Note 4 above.

12. LOANS FUND In accordance with the Local Government (Scotland) Act 1975 Schedule 3 (12), the Council administers a Loans Fund. All loans raised by the Council are paid into the fund and are pooled. Interest and expenses of the Loans Fund have been calculated and allocated to the revenue account on the basis of debt outstanding on each account at the start of the financial year with a pro-rata adjustment in respect of new advances. Redemption of debt has been calculated and provided for in the Revenue Account on an annuity basis. Interest on revenue balances is allocated on the basis of monthly balances held on the respective accounts.

13. DIRECT LABOUR AND DIRECT SERVICE ORGANISATIONS Accounts for the Direct Labour and Direct Service Organisations are included in summary format in this document. A detailed set of accounts as required by statute are available on request from Council Headquarters. The Consolidated Revenue Account and Balance Sheet include entries from these as appropriate.

14. MAJOR CHANGES IN ACCOUNTING PRACTICE Financial Reporting Standard 17 (FRS17) - Retirement Benefits is to be implemented over a three year period into Public Sector Accounts. For the financial year ended 31 March 2002 disclosure is required, as a note to the accounts, of the balance sheet asset or liability of retirement benefits as calculated in accordance with FRS17. These disclosures comply with the Code of Practice on Local Authority Accounting in the United Kingdom 2000 and Update Bulletin 2.

Hymans Robertson were instructed by Glasgow City Council, the administering authority to the Strathclyde Pension Fund to undertake calculations in respect of the Local Government Pension Scheme on behalf of Argyll and Bute Council as at 31 March 2002. Their calculations have been carried out in accordance with Guidance Note 36: Accounting for Retirement Benefits under FRS17 issued by the Institute of Faculty of Actuaries.

Page 7 Page 218 2001-2002 ANNUAL ACCOUNTS CONSOLIDATED REVENUE ACCOUNT for the year ended 31 March 2002

2000/01 2001/02

Actual Actual Actual Actual Net Gross Gross Net Expenditure Expenditure Income Expenditure £'000 Note £'000 £'000 £'000 Council Services 67,265 Education Services 74,926 9,258 65,668 8,557 Environmental Services 15,078 4,714 10,364 7,660 Cultural and Related Services 8,903 1,330 7,573 2,508 Planning and Development Services 3,671 1,446 2,225 22,010 Social Work Services 30,932 6,676 24,256 4,252 Housing Services (Non HRA) 19,380 14,988 4,392 19,306 Roads and Transport Services 25,875 7,295 18,580 669 Trading Services 2,331 1,417 914 Central Services 1,794 - Central Services to the Public 2,811 1,041 1,770 3,292 - Corporate and Democratic Core 2,916 3 2,913 155 - Unapportionable Central Overheads 225 - 225 (135) - Other Operating Income and Expenditure 1,442 76 1,366 11,466 Payments to Joint Boards 1 12,141 - 12,141 148,799 General Fund Services 200,631 48,244 152,387 (383) Housing Revenue Account 14,741 14,251 490 148,416 Net Cost of Services 215,372 62,495 152,877 (389) DLO/DSO (Surplus)/Deficit (157) Net (income) / expenditure on the Asset 830 2 (1,040) Management Revenue Account 148,857 Net Operating Expenditure 151,680 383 Surplus/(deficit) transferred to/from HRA Balances (490)

(757) Contribution from Funds and Earmarked Reserves -

(9,614) Contributions to/(from) Capital Financing Reserve 3 (3,724) 138,869 Amount to be met from Government Grants and Local Taxation 147,466 75,852 Revenue Support Grant 85,881 32,984 Income from Council Tax 34,641 29,231 Non-domestic Rates Redistribution 27,237 191 Community Charge and Old Rates 109 (611) Net General Fund Surplus / (Deficit) 402 364 Transfer from HRA Reserves - 332 Balance on General Fund Brought Forward 85 85 Balance on General Fund Carried Forward 487

The sum of £255,000 included in the balance on the General Fund of £483,000 is committed to the Three Islands Partnership.

Page 8 Page 219 2001-2002 ANNUAL ACCOUNTS NOTES TO THE CONSOLIDATED REVENUE ACCOUNT

1. Joint Boards

This account shows payments to the Police, Fire, Passenger Transport and Valuation Joint Boards and to the Authorities Buying Consortium.

2000/01 2001/02 £'000 £'000 352 Strathclyde Passenger Transport 359 6,406 Strathclyde Police Joint Board 6,722 3,641 Strathclyde Fire Joint Board 3,938 1,038 Dunbartonshire and Argyll & Bute Valuation Joint Board 1,094 29 Authorities Buying Consortium 28 11,466 Total Joint Boards 12,141

2. Asset Management Revenue Account

This account shows the (deficit)/surplus arising from the capital charges made to the service accounts for the use of assets and the cost to the Council of financing these assets.

2000/01 2001/02 £'000 £'000 16,562 Charge for Depreciation/Impairment 11,932 17,921 External Interest Payable 16,339 (33,165) Capital Charges (28,787) (488) Release of Government Grant (524) 830 Net Expenditure / ( Income) (1,040)

3. Contributions to Capital Financing Reserve

This shows the amount of revenue resources used to finance capital expenditure during the year and the repayment of the principal instalment from the Loans Fund, offset by depreciation/impairment charges (net of Government Grants credit) and the amount of deferred charges written off to revenue.

2000/01 2001/02 £'000 £'000 134 Capital Financed from Current Revenue - General Fund - 9,667 Principal Loans Fund Instalment 11,083 (16,562) Depreciation/Impairment (11,932) (3,341) Deferred Charges Written off to Revenue (3,399) 488 Release of Government Grant 524 (9,614) Total Contribution to Capital Financing Reserve (3,724)

4. Operating Lease Rentals Paid The Council uses land, buildings, vehicles, plant and equipment financed under the terms of an operating lease. The amounts paid under these arrangements in 2001/02 are as follows:

2000/01 2001/02 £'000 £'000 68 Land and Buildings 68 887 Vehicles 960 395 Plant and Equipment 136 1,350 Total 1,164

In respect of vehicles the Council recovered £0.095m of leased car costs from its employees during 2001/02. The Council is committed to making payments of £1.079m under operating leases in 2002/2003. These can be analysed as follows: £'000 Leases expiring in 2002/2003 181 Leases expiring between 2003/2004 and 2006/2007 781 Leases expiring after 2006/2007 onwards 117 Total 1,079

Page 9 Page 220 2001-2002 ANNUAL ACCOUNTS NOTES TO THE CONSOLIDATED REVENUE ACCOUNT

5. Local Government Act 1973, Section 83 Expenditure

The Council's expenditure under this statute, which is for the benefit of local residents, is limited to the product of £3.80 and the population of the Council's area. For 2001/02 that limit was £0.337m with expenditure of £0.250m being incurred and included within service expenditure. This expenditure covered the cost of Leisure Management Grants, Joint Twinning and the precautionary measures taken with regards to the national outbreak of foot and mouth disease.

6. Local Government Act 1986 - Separate Publicity Account

The Council is required under Section 5 of the Act to maintain a separate account for publicity. Expenditure of £0.468m was incurred during 2001/02 and is included within service expenditure as follows:

2000/01 2001/02 £'000 £'000 172 Staff advertising 242 21 Leaflets and publications 14 64 Statutory notices 76 147 Other 136 404 Total 468

7. Agency Income

The Council had an agency agreement with Scottish Homes whereby the Council collected rents on their behalf and arranged for maintenance work to be carried out on their housing stock. This agreement has now ended. In addition the Council has an ongoing agency agreement with the West of Scotland Water Authority to collect water and sewerage rates.

2000/01 2001/02 £'000 £'000 1 Scottish Homes - collection of rents - 1 Scottish Homes - repair of houses 1 161 West of Scotland Water Authority 173 163 Agency Income 174

8. Local Authorities (Goods and Services) Act 1970

The Council is empowered by this Act to provide goods and services to other public bodies. Income from these services amounted to £3.285m and the related expenditure was £3.193m. The goods and services provided were as follows: Income Expenditure Name of Body Purpose of work £'000 £'000 Glasgow City Council Provision of care for special needs children 6 6 West Dunbartonshire Council Provision of care for special needs children 254 242 Highland Council Provision of care for special needs children 2 2 Strathclyde Fire Brigade Grounds maintenance 1 1 Bute Housing Association Grounds maintenance 1 1 Loch Lomond Park Authority Grounds maintenance 6 5 Strathclyde Police Grounds maintenance 8 7 Scottish Childrens Administration Grounds maintenance 1 1 SERCO Grounds maintenance 41 39 Turner Facilities Management Grounds maintenance 54 50 North Lanarkshire Council Cleaning and catering at Kilbowie Outdoor Centre 68 63 Scottish Executive Trunk road contract works 2,335 2,304 Strathclyde Fire Brigade Fire station maintenance 404 379 Strathclyde Police Police station cleaning 104 93 3,285 3,193

Page 10 Page 221 2001-2002 ANNUAL ACCOUNTS NOTES TO THE CONSOLIDATED REVENUE ACCOUNT

9. Health Act 1999 Pooled Funds and Similar Arrangements

The Council has a joint working arrangement with Argyll and Clyde Health Board whereby it provides, but the Health Board pays for, certain types of care of the elderly and services for those with learning disabilities or mental health problems. During 2001/2002 both income from this source and the related expenditure amounted to £2.031m, which can be analysed as follows:

Income Expenditure Purpose of Service £'000 £'000 Care of the Elderly 457 457 Provision of services for people with learning disabilities 1,109 1,109 Provision of services for people with mental health problems 465 465 2,031 2,031

10. Pensions - Local Government Superannuation (Scotland) Scheme

The Council participates in the Superannuation Fund administered by City of Glasgow Council's Strathclyde Pension Fund. This Fund provides members with defined benefits related to pay and service. The contributions are based on rates determined by the Fund's professionally qualified actuary and based on triennial valuations of the Fund, the most recent of which was at 31 March 1999 and set employers contributions as follows:

2000/01 - 200% of employees contributions 2001/02 - 210% of employees contributions 2002/03 - 220% of employees contributions

The value of assets of the scheme as at 31 March 1999 did not exceed 105% of the value of the liabilities of the scheme.

2000/01 2001/02 £'000 £'000 4,055 Pension costs charged to the accounts (£) 4,155

12.00% as a percentage of pensionable pay (%) 12.60%

10 Discretionarypayments made by the council (£) 7 0.029% as a percentage of pensionable pay (%) 0.021%

- Expenditure on added years awarded (£) -

as a percentage of pensionable pay (%)

The capital cost of discretionary increases in pensions payments agreed by the authority are: £'000 in the year 90 in earlier years 11,883 This includes both retirals from Argyll and Bute Council itself, and retirals from predecessor authorities for which Argyll and Bute Council is still making payments.

11. Teachers Pensions - Administered by Scottish Public Pensions Agency

2000/01 2001/02 £'000 £'000

1,696 Amount paid over (£) 2,199 6.90% Rate of contribution (%) 6.90% 431 Amount of added years awarded by the Council (£) 441 - Discretionary payments made by the council (£) -

Page 11 Page 222 2001-2002 ANNUAL ACCOUNTS NOTES TO THE CONSOLIDATED REVENUE ACCOUNT

13. Members' Allowances

The total amount of members' allowances paid by the Council during the year were:

2000/01 2001/02 £'000 £'000 195 Basic Allowance 197 199 Special Responsibility Allowance 207 394 Total Allowances 404

14. Officers' Emoluments

The number of employees whose remuneration, excluding pension contributions was £40,000 or more in bands of £10,000 were:

2000/01 2001/02 No Remuneration Band No 34 £40,000 - £49,999 30 2 £50,000 - £59,999 19 6 £60,000 - £69,999 6 1 £70,000 - £79,999 1 - £80,000 - £89,999 1

15. Related Party Transactions

During the year transactions with related parties arose as follows: Income Expenditure £'000 £'000 Central Government and Agencies: Revenue Grants: Revenue Support Grant 85,881 Non-domestic Rates 27,237 Housing Benefits / Support Grant 13,714 Council Tax Benefit Subsidy 4,969 Other Government Grants 9,163

Capital Grants: European Grants 21 Sportscotland 34 Arts Lottery 25 Argyll and the Islands Enterprise 45 Lochnell Sports Development Partnership 19 Scottish Natural Heritage 9 Millennium Forest for Scotland Trust 35 New Deal for Schools 576 School Buildings Improvements Fund 260 Other Government Capital Grants 192

Related Bodies: Joint Boards (see note 1 for further details) 12,141 Strathclyde Passenger Transport - Concessionary Fares 727 Argyll, the Islands, Loch Lomond, Stirling and the Trossachs Tourist Board 23 Duke of Edinburgh Award Scheme 3 Argyll and the Islands Enterprise 16

Other Related Party Transactions: Companies in which members have a significant interest 53

During the year there was one company in which members had a significant interest where the total of transactions exceeded £5,000, which was as follows: £'000 Trident Taxis 48

Page 12 Page 223 2001-2002 ANNUAL ACCOUNTS HOUSING REVENUE ACCOUNT for the year ended 31 March 2002

2000/01 2001/02 2001/02 Actual Actual Budget £'000 £'000 £'000 Expenditure 4,502 Repairs and Maintenance 4,674 4,514 3,647 Supervision and Management 3,846 3,867 4,953 Capital Financing Costs 4,727 4,805 402 Void House Rents 528 350 - Bad Debt Write Off - - 137 Provision for bad or doubtful debts 49 - 177 Other expenditure 217 181 700 Contribution to Capital Financing Reserve 700 700 14,518 Total Expenditure 14,741 14,417

Income 13,501 Rent of houses (gross) 13,744 13,808 51 Non-dwelling rents 53 64 93 Housing Support Grant 84 93 490 Other income 370 185 14,135 Total Income 14,251 14,150

(383) (Deficit) / Surplus for Year (490) (267)

2,192 Surplus Brought Forward 1,573 1,573

128 Interest Earned on Surplus Brought Forward 68 -

(364) Contribution to General Fund -

1,573 Surplus Retained in Housing Revenue Account 1,151 1,306

NOTES TO THE HOUSING REVENUE ACCOUNT

1. Gross Rent Income

This is the total rent income for the year. Average annual rent charges were £39.65 per week in 2001/02 (2000/01 £37.95)

2. Housing Stock

2000/01 2001/02 No No 198 Sheltered Housing 198 3,556 Other houses 3,453 1,664 Tenement flats 1,617 1,330 Other flats 1,307 6,748 Total Housing Stock 6,575

3. Rent Arrears and Bad Debts

Rent arrears at 31/3/2002 were £0.384m (31/3/2001 - £0.472m) and this equated to an average rent arrears per house of £58 (2000/01 - £70).

In accordance with the latest assessment of potential recovery and in order to reflect due prudence, the provision for bad debts has been adjusted to £0.226m (2000/01 - £0.272m), this represents a reduction of £0.046m.

Page 13 Page 224 2001-2002 ANNUAL ACCOUNTS SUMMARY DLO/DSO REVENUE AND APPROPRIATION ACCOUNT

2000/01 2001/02 (Surplus) Total Total (Surplus) Deficit Income Expenditure Deficit Actual Actual Actual Actual £'000 £'000 £'000 £'000

DLO (23) Property Maintenance 3,623 3,708 85 (137) Roads - Local 8,646 8,517 (129) (17) Roads - Trunk 2,335 2,299 (36) DSO (146) Vehicle Maintenance 1,414 1,404 (10) (18) Ground Maintenance 2,734 2,717 (17) (7) Street Cleansing 899 894 (5) (16) Refuse Collection 1,482 1,477 (5) (7) Leisure Management 626 611 (15) (6) Catering 2,460 2,449 (11) (12) Cleaning 1,262 1,248 (14) (389) TOTAL 25,481 25,324 (157)

Appropriation Account Deficit Transfer to Transfer to Balance (Surplus) General Fund Reserve Fund 31/03/2002 £'000 £'000 £'000 £'000

2001/02 (157) 157 - -

NOTES TO THE SUMMARY DLO/DSO REVENUE AND APPROPRIATION ACCOUNT

1. Further Information

The detailed accounts for the Direct Labour and Direct Services Organisations are contained in a separate Annual Report, which is published in accordance with the appropriate legislation and is available on request from Council Headquarters.

2. Statutory Financial Objectives

The statutory financial objective for all DSO's and DLO's is to break-even after applying the CIPFA Code of Practice on Capital Accounting. All Direct Labour and Direct Service Organisations have achieved the statutory financial objective except for the Property Maintenance DLO.

Page 14 Page 225 2001-2002 ANNUAL ACCOUNTS COUNCIL TAX INCOME ACCOUNT for the year ended 31 March 2002

Shows the net income raised from council taxes levied under the Local Government Finance Act 1992.

2000/01 2001/02 Actual Actual £'000 £'000

41,443 Gross Council Tax levied and contributions in lieu 43,156

Less: (183) Council Tax benefits (net of government grant) (23) (7,087) Other discounts and reductions (7,225) (1,189) Provision for bad and doubtful debts (1,267) 32,984 Net Council Tax Income 34,641

NOTES TO THE COUNCIL TAX INCOME ACCOUNT

1. Calculation of the Council Tax

Dwellings are valued by the Assessor and placed within a valuation band ranging from the lowest "A" to the highest "H". The Council Tax charge is calculated using the Council Tax Base, ie. Band D equivalents as below. This value is then decreased or increased dependant upon the band of the dwelling. The charge for each band for 2001/02 was as follows:

Band Valuation Band % Band D £ per year A Under £27,000 67%£ 656.00 B £27,000 - £35,000 78%£ 765.33 C £35,000 - £45,000 89%£ 874.67 D £45,000 - £58,000 100%£ 984.00 E £58,000 - £80,000 122%£ 1,202.67 F £80,000 - £106,000 144%£ 1,421.33 G £106,000 - £212,000 167%£ 1,640.00 H Over £212,000 200%£ 1,968.00

Page 15 Page 226 2001-2002 ANNUAL ACCOUNTS COUNCIL TAX INCOME ACCOUNT for the year ended 31 March 2002

NOTES TO THE COUNCIL TAX INCOME ACCOUNT - Continued

2. Calculation of the Council Tax Base 2001/02

Council Tax Base A B C D E F G H Total

Total Number of Properties 8,098 9,412 9,342 5,393 6,483 3,296 2,184 204 44,412

Exemptions / Less - (6) 984 674 1,261 426 532 177 99 30 4,177 Deductions

Adjustment for Single - 1 918 961 711 397 319 131 75 6 3,519 Chargepayers

Effective Number of Properties 5 6,196 7,777 7,370 4,570 5,632 2,988 2,010 168 36,716

Band D Equivalent Factor (ratio) 5/9 6/9 7/9 8/9 9/9 11/9 13/9 15/9 18/9

Band D Equivalent Number of Properties 3 4,131 6,049 6,551 4,570 6,884 4,316 3,350 336 36,190

Add Contribution in lieu in respect of Class 18 dwellings (Band D Equivalent) 763

Nominal Tax Yield 36,953

Less Provision for Non-Collection - 5.4% 1,995

Council Tax Base 2001/02 - Number of Band D equivalents 34,958

Page 16 Page 227 2001-2002 ANNUAL ACCOUNTS NON-DOMESTIC RATE INCOME ACCOUNT for the year ended 31 March 2002

Shows the income from the rate levied under the Local Government (Scotland) Act 1975 as amended by the Local Government Finance Act 1992 on non-domestic property.

2000/01 2001/02 Actual Actual £'000 £'000

33,296 Gross rates levied 34,279

Less: (5,867) Reliefs and other deductions (4,298) (19) Payment of interest (90) (420) Provision for bad and doubtful debts (541) 26,990 Net Non-domestic Rate Income 29,350

Adjustments for years prior to introduction of national non-domestic rates pool - 2,241 Contribution from / (to) national non-domestic rate pool (2,113) 29,231 Guaranteed Rate Income 27,237

NOTES TO THE NON-DOMESTIC RATE INCOME ACCOUNT

1. Analysis of Rateable Values

2000/01 2001/02 £ £

3,409,660 Industrial and freight transport subjects 3,436,385 33,258,234 Public utilities including British Rail, British Gas, Hydro Electric etc 37,650,742 Commercial subjects: 9,680,920 Shops 9,564,330 4,555,835 Offices 4,615,885 6,819,895 Hotels, Boarding Houses etc. 6,853,740 5,596,495 Others 5,626,415 7,298 Miscellaneous and formula valued subjects 8,020,598 63,328,337 Total Rateable Value 75,768,095

2. Non-Domestic Rate Charge

2000/01 2001/02 Pence Pence

44.8p Rate Per Pound Properties under £10,000 45.0p 45.8p Rate Per Pound Properties over £10,000 47.0p

3. Calculation of Rate Charge for Each Property

The rates charge for each subject is determined by the rateable value placed upon it by the Assessor multiplied by the Rate per £ announced each year by the Government.

Page 17 Page 228 2001-2002 ANNUAL ACCOUNTS CONSOLIDATED BALANCE SHEET as at 31 March 2002

2000/01 2001/02 £'000 Note £'000

Fixed Assets 1 Operational Assets 63,290 - Council Dwellings 56,848 156,012 - Other Land and Buildings 167,096 3,988 - Vehicles, Plant and Equipment 4,679 57,950 - Infrastructure Assets 58,926 60 - Community Assets 73 Non-operational Assets 1,918 - Infrastructure Under Construction 3,009 237 - Buildings Under Construction 915 15,258 - Non-operational Land and Buildings 10,426

298,713 301,972 9,065 Long Term Debtors 9,381 307,778 Total Long Term Assets 311,353

Current Assets 1,178 - Stock and Work in Progress 1,278 9,946 - Debtors 4 14,362 1,885 - Cash at Bank and in Hand 836 16,476

320,787 327,829 Current Liabilities (1,095) - Short Term Borrowing 5 (946) (27,352) - Creditors (28,160) (2,891) - Bank Overdraft (2,761) (31,867)

289,449 Total Assets less Current Liabilities 295,962 (207,659) Long Term Borrowing 5 (213,070) (399) Deferred Covenant Liability (319) (11,113) Deferred Government Grants 6 (11,524) (224,913)

70,278 Total Assets less Liabilities 71,049

74,895 Fixed Asset Restatement Reserve 74,951 (9,278) Capital Financing Reserve (8,589) 2,900 Earmarked Reserves 2,942 Balances 85 - General Fund 487 1,573 - Housing Revenue Account 1,151 103 - DSOs 107

70,278 Total Equity 71,049

Stewart McGregor Director of Finance June 28, 2002

Page 18 Page 229 2001-2002 ANNUAL ACCOUNTS NOTES TO THE CONSOLIDATED BALANCE SHEET as at 31 March 2002

1.1 Movement on Operational Fixed Assets

Council Other Land Vehicles Plant Infrastructure Community Total Total Dwellings & Buildings & Equipment Assets Assets 2001/02 2000/01 £'000 £'000 £'000 £'000 £'000 £'000 £'000 Certified Valuation at 31/3/01 63,290 166,517 Accumulated Depreciation - (3,923) Accumulated Impairment - (6,582) Net Book Value at 31/03/01 63,290 156,012 3,988 57,950 60 281,300 278,173

Movement in 2001/02 Expenditure in Year 3,102 4,161 2,060 2,974 20 12,317 10,443 Disposals (1,638) - (119) - - (1,757) (1,214) Revaluations (2,694) 6,026 - - - 3,332 13,250 Transfers to/(from) - 7,055 - 1,047 - 8,102 1,628 Depreciation (2,110) (5,762) (1,247) (2,813) - (11,932) (9,980) Impairment ------(6,582) Write off to FARR (3,102) (396) (3) (232) (7) (3,740) (4,418) Net Book Value at 31/03/02 56,848 167,096 4,679 58,926 73 287,622 281,300

1.2 Movement on Non-Operational Fixed Assets

Non Infrastructure Buildings Operational Under Under Land & Total Total Construction Construction Buildings 2001/02 2000/01 £'000 £'000 £'000 £'000 £'000 Certified Valuation at 31/3/01 15,258 Accumulated Depreciation - Accumulated Impairment - Net Book Value at 31/03/01 1,918 237 15,258 17,413 10,871

Movement in 2001/02 Expenditure in Year 2,140 822 - 2,962 1,867 Disposals (2) - (82) (84) (483) Revaluations - - 2,305 2,305 6,803 Transfers to/(from) (1,047) (144) (7,055) (8,246) (1,627) Write off to FARR - - - - (18) Net Book Value at 31/03/02 3,009 915 10,426 14,350 17,413

1.3 Valuation of Operational Fixed Assets

The following statement shows the progress of the Council's rolling programme for the revaluation of operational fixed assets.

Other Council Land & Vehicles Plant Infrastructure Community Dwellings Buildings & Equipment Assets Assets Total 2001/02 £'000 £'000 £'000 £'000 £'000 £'000 Valued at historical cost 4,679 58,926 73 63,678 Valued at current value in: 2001/2002 56,848 22,163 79,011 2000/2001 41,295 41,295 1999/2000 96,985 96,985 Valuations inherited at 01/04/96 6,653 6,653 Total 56,848 167,096 4,679 58,926 73 287,622

Page 19 Page 230 2001-2002 ANNUAL ACCOUNTS NOTES TO THE CONSOLIDATED BALANCE SHEET as at 31 March 2002

1.4 Valuation of Non Operational Fixed Assets

The following statement shows the progress of the Council's rolling programme for the revaluation of non operational fixed assets.

Non Infrastructure Buildings Operational Under Under Land & Construction Construction Buildings Total 2001/02 £'000 £'000 £'000 £'000 Valued at historical cost 3,009 915 3,924 Valued at current value in: 2001/2002 4,350 4,350 2000/2001 1,326 1,326 1999/2000 2,126 2,126 Valuations inherited at 01/04/96 2,624 2,624 Total 3,009 915 10,426 14,350

1.5 Basis for Valuation

Council Dwellings The basis of valuation is Existing Use Value for Social Housing as defined in Practice Statement 4.1 of the Royal Institute of Chartered Surveyors (RICS) Appraisal and Valuation Manual, the definition of which is as follows: "Existing Use Value for Social Housing is defined as an opinion of the best price at which the sale of an interest in property would have been completed unconditionally for cash consideration on the date of the valuation." The valuations were carried out as at 31 March 2002 by an independent valuer, the District Valuer, on the aforementioned basis. Other Land and Buildings The basis of valuation is Open Market Value for Existing Use, assessed on either a comparative or depreciated replacement cost basis. During the current year, revaluations were carried out by the Estates Section of Transportation and Property in accordance with their rolling programme of revaluations.

Vehicles, Plant and Equipment These assets have been valued using historical cost as a proxy for current replacement cost. Infrastructure and Community Assets These assets are valued at depreciated historic cost. Non Operational Land and Buildings These have been valued on the basis of open market value taking account of existing and alternative uses. During the current year, revaluations were carried out by the Estates Section of Transportation and Property in accordance with their rolling programme of revaluations.

1.6 Fixed Assets Information on Assets Held at 31/3/02 2001/02 2001/02 OPERATIONAL BUILDINGS No. OPERATIONAL EQUIPMENT No. Administrative Buildings 44 Vehicles and Heavy Plant 419 Depots 32 Social Work Homes for the Elderly 6 INFRASTRUCTURE ASSETS Social Work Children's Homes 4 Highways (miles) 1,406 Social Work Hostels 3 Bridges 954 Primary Schools 81 Secondary Schools 10 COMMUNITY ASSETS Special Schools 3 Play Areas 55 Nursery Schools 3 Parks 26 Halls 10 Civic Regalia (Provosts' Chains) 4 Sports Centres 1 Civic Regalia (Bailies' Chains) 1 Swimming Pools 3 Cemeteries 123 Museums and Libraries 10 War Memorials 54 Community Centres 8 Crematoria 1 COUNCIL DWELLINGS 6,575 Public Conveniences 69 Travelling Persons Sites 3 Airports 1

Page 20 Page 231 2001-2002 ANNUAL ACCOUNTS NOTES TO THE CONSOLIDATED BALANCE SHEET as at 31 March 2002

2. Spending on Capital Projects During the Year

Capital expenditure involves the creation of assets, the benefit of which will be available to future rate and council taxpayers. It is financed from borrowing and therefore the cost of the assets is effectively borne over a period of years. In 2001/02 gross capital expenditure totalled £19.103m, offset by capital income of £3.068m, as follows: 31 March 31 March 2002 2001 £'000 £'000 Education Services 2,918 2,574 Development and Environment Services 1,966 1,976 Social and Housing Services 3,532 3,485 Housing Revenue Account 3,349 3,175 Transportation and Property Services 5,174 3,459 Central Support 2,164 1,343 Total Expenditure 19,103 16,012 Financed by: Sale of Council Houses 873 689 Sale of Other Assets 648 612 Grants 1,216 1,203 Other Capital Receipts 331 178 Capital from Current Revenue 700 834 Borrowing 15,335 12,496 Total Financing 19,103 16,012

3. Assets Held Under Finance Leases

There were no assets held under finance leases during the year.

4. Debtors 2001/02 2000/01 £'000 £'000

Arrears of Local Taxation Council Tax 11,721 11,324 less: provision for bad debts (10,522) (9,256) 1,199 2,068 Community Charge 7,919 8,060 less: provision for bad debts (7,896) (8,016) 23 44 Non-domestic Rates 2,817 2,434 less: provision for bad debts (2,319) (1,972) 498 462 House Rents 316 373 less: provision for bad debts (226) (272) 90 101 Debtor Accounts 4,796 3,866 less: provision for bad debts (785) (813) 4,011 3,053

Government Grants 318

VAT Recoverable 2,215 1,417

Other Debtors 6,008 2801 Total Debtors 14,362 9,946

Page 21 Page 232 2001-2002 ANNUAL ACCOUNTS NOTES TO THE CONSOLIDATED BALANCE SHEET as at 31 March 2002

5. Analysis of Borrowing

5.1 Source of Loan 31 March 31 March 2002 2001 £'000 £'000 Public Works Loan Board 193,538 187,819 Money Market 18,547 18,500 EIB 1,809 2,164 Other Loans 122 271 Total Outstanding Loans 214,016 208,754

5.2 Maturity of Loans 31 March 31 March 2002 2001 £'000 £'000 Borrowings repayable on demand 946 1,095 or within 12 months Borrowings repayable on demand or within 12 months 946 1,095

1 - 2 years 160 1,292 2 - 5 years 1,596 2,714 6 - 10 years 4,331 1,409 Over 10 years 206,983 202,244

Total Long and Medium Term Loans 213,070 207,659

Total Outstanding Loans 214,016 208,754

6. Deferred Government Grants £'000 Balance at 1 April 2001 11,113 Grants received during the year to finance capital projects 935 Credit to revenue account during the year (524) Balance at 31 March 2002 11,524

7. Analysis of Net Assets Employed As at 31 March 2002 General Fund HRA DSO/DLO's Total £'000 £'000 £'000 £'000 Assets Fixed Assets 245,124 56,848 - 301,972 Long Term Debtors 9,381 - - 9,381 Stock and Work in Progress 304 - 974 1,278 Debtors 14,262 90 10 14,362 Cash at Bank and in Hand 836 - - 836 Liabilities Short Term Borrowing (971) 16 9 (946) Creditors (26,372) (1,788) (28,160) Bank Overdraft (2,761) - - (2,761) Long Term Borrowing (168,477) (44,524) (69) (213,070) Deferred Covenant Liability (319) - - (319) Government Grants Deferred (11,524) - - (11,524) Total Net Assets Employed 59,483 12,430 (864) 71,049

Page 22 Page 233 2001-2002 ANNUAL ACCOUNTS NOTES TO THE CONSOLIDATED BALANCE SHEET as at 31 March 2002

8. Insurance Fund

An Insurance Fund has been established in accordance with the Local Government (Scotland) Act 1994. The balance at 31 March 2002 was £1.270m (2000/2001 - £1.234m). The fund represents contributions made from the General Fund and does not yet cover specific uninsured risks.

9. Contingent Gains and Liabilities

The Council has inherited a number of applications for equal pay at various stages of completion at Industrial Tribunals. The final outcome of these applications is unknown at this time, although there is the possibility that the Council may lose at least some of these cases. No financial provision has been made in the 2001/2002 Accounts given the uncertainties which surround both the final outcomes and the settlement levels.

The Council has entered into a Public Private Partnership with Shanks Group PLC for the waste management of landfill sites. Under this agreement, the Council retains an element of residual responsibility in respect of specific environmental rectification which may be necessary in certain circumstances. The Council is of the view that any future liabilities arising from these circumstances should be covered by grants funding.

10. Provisions

Liabilities have continued to arise in respect of the former Strathclyde Regional Council's operations. Cost sharing arrangements are in place with the other eleven authorities which make up the former Strathclyde Region. Argyll and Bute Council's share of liabilities which materialise in the future will be approximately 4%. At present, potential liabilities in respect of insurance claims and various legal actions could cost the Council £0.214m. Full provision for this amount has been made.

A provision in respect of insurance claims and various legal actions from the former Strathclyde Regional Council was set up during the 1999/2000 financial year, this was adjusted in subsequent years to reflect the overall movement in the claims position during each year. This provision complies with the requirements of FRS 12 (Financial Reporting Standard 12 - Provisions, Contingent Liabilities and Contingent Assets) and meets the following criteria:

- There is a present obligation (legal or constructive) as a result of a past event; - It is probable that a transfer of economic benefit will be required to settle the obligation; and - A reliable estimate can be made of the obligation. £'000 Opening Balance (332) Movement in the Year 118 Closing Balance (214)

11. Commitments Under Capital Contracts At 31 March 2002, the Council had commitments on capital contracts of £4.573m. This expenditure will be funded from a combination of government capital consent (borrowing), income from selling assets and contributions from Revenue Accounts.

£'000 Administration Buildings and Equipment 287 Information Technology 48 Development and Environment Services 706 Education 690 Social Work 41 Roads 611 Housing 2,115 Miscellaenous 75 4,573

Page 23 Page 234 2001-2002 ANNUAL ACCOUNTS NOTES TO THE CONSOLIDATED BALANCE SHEET as at 31 March 2002

12. Trust Funds and Other Third Party Funds

The Council acts as sole or custodian trustee for 76 trust funds and 6 common good funds. In neither case do the funds represent assets of the Council, and as such have not been included in the Consolidated Balance Sheet. The funds have not been subject to an independent audit.

Funds for which Argyll and Bute Council act as sole trustee: Income Expenditure Assets Liabilities £'000 £'000 £'000 £'000 Campbeltown Common Good Fund 27 9 430 430 Oban Common Good Fund 43 4 775 775 Inveraray Common Good Fund - - 1 1 Lochgilphead Common Good Fund - - 5 5 Dunoon Common Good Fund - - 8 8 Rothesay Common Good Fund 9 7 101 101 Argyll Education Trust 19 12 200 200 GM Duncan Trust 3 2 73 73 McDougall Trust 19 - 445 445 Moore's Mortification Fund 4 - 104 104 Various Other Trust Funds 17 2 372 372 Total Trust Funds 141 36 2,514 2,514

Purpose of Common Good Funds: These funds are held for the benefit of residents of the former Burghs within Argyll and Bute.

Purpose of Trust Funds: GM Duncan Trust: for the provision of fuel, clothing and foodstuffs for the needy of Campbeltown. McDougall Trust: for the provision of sheltered housing on the Ross of Mull. Moore's Mortification Fund: to provide benefits to the needy of that part of the Parish of Cardross lying between Auchentroe and Keppoch. Argyll Education Trust: this is made up of a number of small trusts to award prizes, bursaries, etc. to pupils and ex pupils of schools within the former Argyll County Council area. Further information on the Common Good and Trust Funds, administered by Argyll and Bute Council, can be obtained from the Corporate Accounting Section of the Finance Department.

13. European Monetary Union

As at 31 March 2002, the Council had incurred no expenditure and had made no commitments in respect of the costs associated with the introduction of the Euro. Prior to entry into full Euro trading, a significant review of all systems will require to be undertaken. Consequently an estimate of costs is not available at this stage.

14. Pensions - FRS 17 Disclosure

Financial Reporting Standard 17 (FRS17) - Retirement Benefits is to be implemented over a three year period into Public Sector Accounts. For the financial year ended 31 March 2002 disclosure is required, as a note to the accounts, of the balance sheet asset or liability of retirement benefits as calculated in accordance with FRS17.

The net pension asset of Argyll and Bute Council as at 31 March 2002 can be calculated as follows:

31 March 2002 £'000

Estimated Employer Assets (A) 126,113

Present Value of Scheme Liabilities 107,385 Present Value of Unfunded Liabiliies 10,992 Present Value of Teachers' Unfunded Liabilities 981 Total Value of Liabilities (B) 119,358

Net Pension Asset (A-B) 6,755

Page 24 Page 235 2001-2002 ANNUAL ACCOUNTS NOTES TO THE CONSOLIDATED BALANCE SHEET as at 31 March 2002

14. Pensions - FRS 17 Disclosure Cont'd

The following information is provided on the Assets of the whole fund: Fund Value Expected Long Term at 31 March Return per Return 2002 annum Assets (Whole Fund) % per annum £'000 £'000 Equities 7.5% 4,680,000 351,000 Bonds 5.5% 613,000 33,715 Properties 6.0% 540,000 32,400 Cash 4.0% 187,977 7,519 Total 6,020,977 424,634

The assumptions used by Hymans Robertson at 31 March 2002 are as follows: % per annum Price Increases 2.8% Salary Increases 4.3% Pension Increases 2.8% Discount Rate 6.4%

Page 25 Page 236 2001-2002 ANNUAL ACCOUNTS STATEMENT OF MOVEMENT ON RESERVES for the year ended 31 March 2002

CAPITAL RESERVES REVENUE RESERVES Fixed Asset Capital Earmarked General Housing DLO/DSO Total Restatement Financing Reserves Fund Revenue Reserve Reserve Account £'000 £'000 £'000 £'000 £'000 £'000 £'000

Balance at 1 April 2001 74,895 (9,278) 2,900 85 1,573 103 70,278 Net surplus/(deficit) for year 402 (490) 157 69 Unrealised (gains)/loss, from revaluation of 5,637 5,637 fixed assets Interest 112 68 4 184 Contribution (to) / from General Fund (3,724) - (157) (3,881) Contribution (to) / from HRA 700 700 Capital Discharged on House Loans (108) (108) Net Book Value of assets disposed of (1,841) (1,841) Capital Receipts Applied 3,821 3,821 Expenditure (70) (70) Write off Deferred Charges at 1 April 2000 -

Expenditure not through Fixed Asset Register (3,740) (3,740)

Balance at 31 March 2002 74,951 (8,589) 2,942 487 1,151 107 71,049

NOTES TO THE STATEMENT OF MOVEMENT OF RESERVES

1. Fixed Asset Restatement Reserve This reserve reflects the difference between the book value of assets prior to the implementation of the new system of Capital Accounting and the revalued amounts. Any subsequent revaluations are also recorded here. It is not a revaluation reserve and does not represent resources available to the authority. It cannot be used in any way to finance revenue or capital expenditure and can only be reduced by either writing out the book value of assets or a downward revaluation.

2. Capital Financing Reserve The Capital Financing Reserve contains the amounts which are required by statute to be set aside from capital receipts for the repayment of external loans as well as the amount of capital expenditure financed from revenue and capital receipts. It also contains the difference between amounts provided for depreciation and that required to be charged to revenue to repay the principal element of external loans. As with the Fixed Asset Restatement Reserve it does not represent resources available to the authority.

3. Earmarked Reserves Balance at Appropriation Balance at 1 April Contributions Interest to CRA 31 March 2001 2002 £'000 £'000 £'000 £'000 £'000 Education Reserves 342 (49) 293 Repairs and Renewals - Vehicles 584 25 609 Repairs and Renewals - General 649 29 (3) 675 Insurance Fund 1,234 54 (18) 1,270 DLO Capital Fund 91 4 95 Total Earmarked Reserves 2,900 - 112 (70) 2,942

4. Revenue Reserves

Revenue reserves are made up of the annual movements in the Consolidated Revenue Account, Housing Revenue Account and the DSO/DLO Appropriation Account. The Housing Revenue Account reserves carried forward are ring-fenced and as such can only be used for the benefit of Council House Tenants. Revenue reserves can be used to meet both capital and revenue expenditure.

Page 26 Page 237 2001-2002 ANNUAL ACCOUNTS CONSOLIDATED CASH FLOW STATEMENT for the year ended 31 March 2002

2000/01 2001/02 Actual REVENUE ACTIVITIES Note Actual £'000 Cash outflows £'000 87,151 Cash Paid for and on Behalf of Employees 93,098 65,866 Other Operating Cash Payments 85,349 6,460 Housing Benefit Paid Out 6,375 National Non-domestic Rate Payments to National Pool 6 159,477 Total Cash Outflows 184,828

Cash inflows 6,949 Rents (after rebates) 6,565 28,717 Council Tax Income 30,277 30,014 Non-domestic Rate Receipts 31,114 191 Community Charge 131 75,852 Revenue Support Grant 85,912 17,531 DSS Grants for Benefits 18,538 6,865 Other Government Grants 1 8,014 16,291 Cash Received for Goods and Services 17,015 7,393 National Non-domestic Rate Receipts from National Pool 5,536 Other Operating Cash Receipts 4,255 195,339 Total Cash Inflows 201,821

35,862 Net Cash Inflow / (Outflow) From Revenue Activities 2 16,993

SERVICING OF FINANCE Cash outflows 22,561 Interest paid 15,655 22,561 Total Cash Outflows 15,655

Cash inflows 107 Interest received 210 107 Total Cash Inflows 210 (22,454) Net Cash Inflow / (Outflow) From Servicing of Finance (15,445)

CAPITAL ACTIVITIES Cash outflows 5,525 Purchase of Fixed Assets 7,191 5,456 Other Capital Cash Payments 5,620 10,981 Total Cash Outflows 12,811

Cash inflows 2,959 Sale of Fixed Assets 3,576 1,008 Capital Grants Received 1,230 127 Other Capital Cash Receipts 276 4,094 Total Cash Inflows 5,082 (6,887) Cash Inflow (Outflow) From Capital (7,729)

6,521 Net Cash Inflow / (Outflow) Before Financing (6,181)

FINANCING Cash outflows 101,470 Repayments of Amounts Borrowed 14,184 101,470 Total Cash Outflows 14,184

Cash inflows 95,463 New Loans Raised 19,446 95,463 Total Cash Inflows 19,446

(6,007) Net Cash Inflow / (Outflow) From Financing 5,262

514 (Decrease) / Increase in Cash and Cash Equivalents 3 (919)

Page 27 Page 238 2001-2002 ANNUAL ACCOUNTS NOTES TO THE CONSOLIDATED CASH FLOW STATEMENT

1. Other Government Grants

2000/01 2001/02 £'000 £'000

93 Housing Support Grant 142 253 Rural Transport Grant 287 2,475 Pre School Education Grants 2,566 - Excellence Fund 1,456 - Special Education 25 258 Gaelic Education Grants 258 3,540 Other Educational Grants 831 - ChildCare Strategy 105 - Children's Change Fund 57 - DWP Other Grants 200 - Social Inclusion Partnership 206 - Strategic Waste Fund 885 246 Other Grants (e.g. Civil Defence) 996

6,865 Total "Other Government Grants" 8,014

2. Net Cash Flow Reconciliation

2000/01 2001/02 £'000 £'000

(611) Surplus/(Deficit) for Year 402 (383) Add back: Transfer to HRA Balance (490) (994) (88) (469) Movements in Reserves 46 21,786 Adjustments Not Involving Movement in Funds 20,708 (20) (Increase)/Decrease in Stocks (100) 4,937 (Increase)/Decrease in Debtors (4,445) 10,622 Increase/(Decrease in Creditors) 872

35,862 Revenue Activities Net Cash Flow 16,993

3. Analysis of Net Debt

As at As at 31 March 1 April Cash 2002 2001 Flow £'000 £'000 £'000 Cash at Bank and in Hand 836 1,885 (1,049) Bank Overdraft (2,761) (2,891) 130

Increase/(Decrease) in Cash and Cash Equivalents (1,925) (1,006) (919)

Debt due within one year (946) (1,095) 149 Debt due after one year (213,070) (207,659) (5,411) Increase / (Decrease) in Debt Financing (214,016) (208,754) (5,262)

Movement in Debt in Period (215,941) (209,760) (6,181)

Page 28 Page 239 2001-2002 ANNUAL ACCOUNTS NOTES TO THE CONSOLIDATED CASH FLOW STATEMENT

4. Reconciliation of Movement in Cash to Net Debt

2000/01 2001/02 £'000 £'000 514 Increase / (Decrease) in Cash in Period (919) 6,007 Increase / (Decrease) in Debt Financing (5,262) 6,521 Movement in Debt in Period (6,181) (216,281) Net Debt as at 1 April 2001 (209,760) (209,760) Net Debt as at 1 April 2002 (215,941)

Page 29 Page 240 2001-2002 ANNUAL ACCOUNTS STATEMENT ON CORPORATE GOVERNANCE

In accordance with good practice guidance on corporate governance the Council has carried out a review of corporate governance arrangements. Further to this a local code of corporate governance was approved by the Council on 7 February 2002.

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Document is Restricted Page 252 Development and Environment Services - Amenity Services - D.S.O. Annual Budgets for 2002-2003 Appendix 2

Grounds Maintenance Fleet Management Refuse Collection Street Cleaning 2001/2002 2002/2003 2000/2001 2002/2003 2001/2002 2002/2003 2001/2002 2002/2003

Direct Employee Expenses 1,568,680 1,645,475 299,559 317,900 1,285,714 1,339,115 823,710 882,841 Indirect Employee Expenses 19,922 15,751 179,516 83,844 25,040 15,511 15,769 10,045 Total Employee Expenses £ 1,588,602 £ 1,661,226 £ 479,075 £ 401,744 £ 1,310,754 £ 1,354,626 £ 839,479 £ 892,886 Buildings/Plant 00000 Energy Costs 20,378 18,271 13,525 6,649 0 0 0 0 Water Services 1,152 1,118 0 0 0 0 Cleaning and Domestic Supplies 18,662 18,118 0 0 0 0 Non Domestic Rates 7,446 Premises Insurance 891 0 0 0 0 Total Premises Costs £ 41,083 £ 37,507 £ 20,971 £ 6,649 £ - £ - £ - £ - Equipment, Furniture and Materials 259,394 251,839 479,109 539,317 8,246 8,248 18,750 15,298 Clothing, Uniforms and Laundry 9,864 9,577 3,122 3,122 16,907 16,909 5,563 5,401 Printing, Stationery and Office Expenses 281 1,439 0 Services 0 Communications and Computing 1,328 3,121 3,121 0

Miscellaneous 7,116 6,909 500 500 8,160 8,159 0 0 Page 253 Total Supplies and Services £ 277,983 £ 269,764 £ 485,852 £ 546,060 £ 33,313 £ 33,316 £ 24,313 £ 20,699 Direct Transport Costs 108,699 105,533 3,444 3,000 10,000 10,000 1,103 Contract Hire and Operating Leases 299,233 297,780 22,889 20,832 6,500 0 0 Total Transport Costs £ 407,932 £ 403,313 £ 26,333 £ 23,832 £ 16,500 £ 10,000 £ 1,103 £ - Other Committees of the Council 232,668 225,891 138,469 104,081 104,081 57,470 56,022 Private Contractors 0 0 291,000 298,275 16,021 11,336 0 0 Total Third Party Payments £ 232,668 £ 225,891 £ 291,000 £ 436,744 £ 120,102 £ 115,417 £ 57,470 £ 56,022 Capital Charges £ 18,714 £ 18,714 Total Capital Charges £ - £ - £ 18,714 £ 18,714 £ - £ - £ - £ -

Total Gross Expenditure £ 2,548,268 £ 2,597,701 £ 1,321,945 £ 1,433,743 £ 1,480,669 £ 1,513,359 £ 922,365 £ 969,607

Grants, Reimbursements & Contributions 00000 Customer and Client Receipts 2,437,038 2,519,663 1,322,971 1,440,613 1,481,797 1,514,938 923,704 969,999 Recharges to Other Services 115,017 79,894 0 0 0 Total Income £ 2,552,055 £ 2,599,557 £ 1,322,971 £ 1,440,613 £ 1,481,797 £ 1,514,938 £ 923,704 £ 969,999

Total Net Expenditure -£ 3,787 -£ 1,856 -£ 1,026 -£ 6,870 -£ 1,128 -£ 1,579 -£ 1,339 -£ 392 Page 254 Page 255

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