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]
27 August 2002
NOTICE OF MEETING
A meeting of ARGYLL & BUTE COUNCIL will be held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on THURSDAY, 29 AUGUST 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
(a) Argyll & Bute Council 13 June 2002 (Pages 1 - 4)
(b) Argyll & Bute Council 27 June 2002 (Pages 5 - 16)
(c) Argyll & Bute Council 15 August 2002 (Pages 17 - 18)
4. MINUTES OF COMMITTEES
(a) Strategic Policy Committee (Education) 20 June 2002 (Pages 19 - 22)
(b) Strategic Policy Committee 20 June 2002 (Pages 23 - 30)
(c) Mid Argyll, Kintyre & Islay Area Committee 24 June 2002 (Pages 31 - 32)
(d) Public Services & Licensing Committee 25 June 2002 (Pages 33 - 34)
(e) Bute & Cowal Area Committee 2 July 2002 (Pages 35 - 42)
(f) Helensburgh & Lomond Area Committee 2 July 2002 (Pages 43 - 50)
(g) Oban, Lorn & The Isles Area Committee 3 July 2002 (Pages 51 - 60)
(h) Mid Argyll, Kintyre & Islay Area Committee 3 July 2002 (Pages 61 - 68)
(i) Public Services & Licensing Committee 4 July 2002 (Pages 69 - 72)
(j) Bute & Cowal Area Committee 10 July 2002 (Pages 73 - 74)
(k) Strategic Policy Committee 18 July 2002 (Pages 75 - 82)
* (l) Audit Committee 26 July 2002 (Pages 83 - 86)
(m) Bute & Cowal Area Committee 6 August 2002 (Pages 87 - 94)
(n) Helensburgh & Lomond Area Committee 6 August 2002 (Pages 95 - 106)
(o) Mid Argyll, Kintyre & Islay Area Committee 7 August 2002 (Pages 107 - 112)
(p) Oban, Lorn & The Isles Area Committee 7 August 2002 (Pages 113 - 120)
(q) Public Services & Licensing Committee 14 August 2002 (Pages 121 - 124)
(r) Commercial Operations Board 15 August 2002 (Pages 125 - 126)
* (s) Strategic Policy Committee (Education) 15 August 2002 (Pages 127 - 132)
* (t) Strategic Policy Committee 15 August 2002 (Pages 133 - 140)
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. CHARLES AND BARBARA TYRE TRUST - APPOINTMENT OF GOVERNORS Report by Director of Corporate & Legal Services (PAGES 141 - 142)
6. VACANCIES ON OUTSIDE BODIES Report by Director of Corporate & Legal Services (PAGES 143 - 144)
7. EDUCATION SERVICE - REVENUE BUDGET 2002/2003 Report by Director of Education (PAGES 145 - 152)
COUNCIL
ALL MEMBERS
Contact: Sandra McGlynn Tel 01546 604401
Page 1 Agenda Item 3a
MINUTES of MEETING of ARGYLL & BUTE COUNCIL held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on THURSDAY 13 JUNE 2002
Present: Convener William Petrie (Chair)
Councillor Robin Banks Councillor Gordon McKinven Councillor Campbell Cameron Councillor Donald MacMillan Councillor Robin Currie Councillor James McQueen Councillor George Freeman Councillor Bruce Robertson Councillor Ian Gillies Councillor Len Scoullar Councillor Bruce Marshall Councillor Moyra Stewart Councillor Allan Macaskill Councillor Dick Walsh Councillor Alistair MacDougall Councillor David Webster Councillor Duncan MacIntyre Councillor Robert MacIntyre Councillor Dugald MacKinnon
Attending: James McLellan, Chief Executive Nigel Stewart, Director of Corporate & Legal Services Judy Orr, Finance Bruce West, Finance
Apologies: Councillor Alasdair Blair Councillor Stanley Latimer Councillor Brian Chennell Councillor Ellen Morton Councillor Paul Coleshill Councillor Donald McIntosh Councillor Douglas Currie Councillor Alistair McKinlay Councillor John Findlay Councillor John Stirling Councillor Alison Hay Councillor Isobel Strong Councillor Donald Kelly Councillor Eric Thompson Councillor Ronald Kinloch Councillor Sheila Wilson
1. SCOTTISH PARLIAMENT LOCAL GOVERNMENT COMMITTEE:REPORT OF INQUIRY INTO LOCAL GOVERNMENT FINANCE
The Council considered the Scottish Parliament Local Government Committee’s report on Local Government Finance. In that connection they also considered a discussion paper prepared for the Council by Professor Arthur Midwinter of Strathclyde University.
Decision
(1) The Council agreed to respond to the Local Government Committee’s report in the terms below:
1. The balance between central and local funding and the return of non-domestic rating to council control
The Council is not convinced that shifting the present 80:20 balance of funding to Page 2
50:50 and the return of non-domestic rating to council control , is necessary. It felt this arrangement would also blur accountability, and is concerned to protect council tax payers from further increases to achieve such a balance. The Council supports the continuation of the present arrangements.
2. Council Tax Revision
The Council recognises the need for revaluation to provide a robust basis for the council tax. It also supports the proposal to extend the range of bands, but wishes the system kept as simple as possible, based on clearly distinguishable and defensible bandings and those bandings at the top end should be extended further to recognise the growing number of highly valued properties in Scotland. The Council also supported the proposal that second homes should be fully subject to council tax.
3. Additional Sources of Revenue
The Council agrees with the committee that land value taxation, local income tax, local sales tax and a service tax should not be introduced at this time. The Council also recommends the Parliament take full cognisance of the integration of council tax benefit with the national security system in its deliberation of alternatives in the future, if these are considered as replacements for council tax.
4. Grant Distribution
The Council welcomes the recommendation for a review of grant distribution, with the intention of developing a simpler system. It has a few reservations regarding the grant proposals. Firstly, whilst supportive of the general principle of reducing specific grants, and ring fenced monies, there can be benefits in particular services, such as Gaelic, where the retention of specific grant could be crucial to ensuring the service develops. Secondly, the Council would dispute the need for yet another review of deprivation weightings in the grant system . There have been extensive reviews in recent years which have not suggested that deprivation is under resourced. Moreover, the methodology used is based on expenditure data and consistently fails to capture the distinctive feature of rural deprivation, in terms of accessibility of services, high living costs and low paid employment.
5. Capital Finance
The Council is supportive of the principle of replacing Section 94 Consent with a system based on prudential rules, but could not support this change until it sees the implications for revenue support funding of capital expenditure.
6. Business Improvement Districts
The Council is not convinced there would be any great interest in such a scheme within the business community.
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7. Fees and Charges
The Council supports the recommendation for extending the powers of councils to set fees and charges for discretionary services.
(2) It was further agreed as an issue separate from the response that the Director of Finance submit a report to Council on issues concerning the taxing of sporting rights on large estates.
(Ref. Report by Director of Finance submitted to Strategic Policy Committee on 18 April 2002, submitted, Summary of Conclusions and Recommendations of Local Government Committee Report, submitted, Report by Dr Arthur Midwinter, submitted)
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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, 27 JUNE 2002
Present: Convener William Petrie (Chair)
Councillor Campbell Cameron Councillor Duncan MacIntyre Councillor Brian Chennell Councillor Dugie MacKinnon Councillor Paul Coleshill Councillor Alastair McKinlay Councillor Douglas Currie Councillor Donald McIntosh Councillor Robin Currie Councillor Gordon McKinven Councillor John Findlay Councillor Donnie MacMillan Councillor George Freeman Councillor James McQueen Councillor Alison Hay Councillor Bruce Robertson Councillor Donald Kelly Councillor Len Scoullar Councillor Stanley Latimer Councillor Moyra Stewart Councillor Bruce Marshall Councillor John Stirling Councillor Ellen Morton Councillor Isobel Strong Councillor Allan Macaskill Councillor Eric Thompson Councillor Alistair MacDougall Councillor Dick Walsh Councillor David Webster Councillor Sheila Wilson
Apologies: Councillor Robin Banks Councillor Ronald Kinloch Councillor Alasdair Blair Councillor Robert Macintyre Councillor Ian Gillies
Attending: James McLellan, Chief Executive Nigel Stewart, Director of Corporate & Legal Services Stewart McGregor, Director of Finance Archie Morton, Director of Education Mike Geraghty, Head of Capital Funding, Education Bruce West, Head of Accounting Alan MacDonald, Head of Roads Andy Law, Head of Property & Facilities Management Seamus Lalor, Head of Economic Development, Tourism & Leisure Jane Brown (for item 13) Sandra Shanks (for item 13) Alexandra Montgomery (for item 13)
The Convener accepted the gift of a picture presented to Councillor Bruce Marshall at the Clan Ewan Society Annual Gathering on 1 June 2002 in Hunter’s Quay. The Convener thanked Councillor Marshall and asked that the picture be located at a suitable venue within the Cowal area.
The Convener welcomed Councillor McKinlay back following his recent period of illness.
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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 matter of urgency by reason of the need to give instructions to the NPDO Project Board arising from the Scottish Executive’s announcement this week of an offer of funding to support an NPDO/PPP project for the Education Service in Argyll and Bute.
The Convener ruled and the Council agreed that the business as dealt with at item 14 of this minute be dealt with as a matter of urgency in view of the announcement today of the consultation exercise on the tendering of Clyde and West Coast Ferry Services.
1. DECLARATIONS OF INTEREST
Councillor Robin Currie declared a non-pecuniary interest in the business dealt with at item 3 of this minute (10) (Columba Gaelic Centre, Islay – Request for Financial Assistance) and indicated in terms of the National Code of Local Government Conduct that he might speak but would not vote on this item.
2. MINUTES
The Council approved the Minutes of the Council Meeting of 2 May 2002 as a correct record.
3. MINUTES OF COMMITTEES
The Council considered the following Minutes. They approved the recommendations of those Committees subject to what is shown below
1. Mid Argyll, Kintyre & Islay Area Committee 24 April 2002 2. Bute & Cowal Area Committee 29 April 2002 3. Appeals Committee 1 May 2002 4. Mid Argyll, Kintyre & Islay Area Committee 3 May 2002 5. Helensburgh & Lomond Area Committee 7 May 2002
Arising from item 11 (Financial Support to Community Councils) the Council agreed to remit the Area Committee’s recommendations to the Policy Development Group on the Review of the Scheme of Community Councils.
6. Bute & Cowal Area Committee 7 May 2002 7. Mid Argyll, Kintyre & Islay Area Committee 8 May 2002 8. Oban, Lorn & The Isles Area Committee 8 May 2002 9. Strategic Policy Committee Education 9 May 2002
Arising from item 4 (Local Framework Recognition and Procedure Agreement) the Council agreed that the local Negotiating Committee be established in terms of the recommendation of the Strategic Policy Committee.
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10. Strategic Policy Committee 9 May 2002
Arising from item 8 (Mid Argyll, Kintyre & Islay Area Strategy) the Council noted the Mid Argyll, Kintyre & Islay Area Strategy.
Arising from item 13 (Columba Gaelic Centre, Islay – Request for Financial Assistance) – the recommendation of the Strategic Policy Committee was considered.
Motion
That the Council agree to the request for £50,000 Capital Funding 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.
Amendment
That no action be taken.
Moved by Councillor Stirling, seconded by Councillor Marshall.
The requisite number of Members required the vote to be taken by calling the roll and Members voted as follows:-
Motion Amendment No Vote
Councillor Cameron Councillor Marshall Councillor Coleshill Councillor Chennell Councillor Stirling Councillor R Currie Councillor D Currie Councillor Wilson Councillor Morton Councillor Findlay Councillor Freeman Councillor Hay Councillor Kelly Councillor Latimer Councillor Macaskill Councillor MacDougall Councillor D MacIntyre Councillor MacKinnon Councillor MacMillan Councillor McIntosh Councillor McKinlay Councillor McKinven Councillor McQueen Councillor Petrie Councillor Robertson Councillor Scoullar Councillor Stewart
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Councillor Strong Councillor Thompson Councillor Walsh Councillor Webster
Decision
The Motion was carried by 25 votes to 3 and the Council resolved accordingly.
Arising from item 14 (Capital and Revenue Allocations to Area Committees) the Council noted that decisions taken subsequently by the Helensburgh & Lomond Area Committee superseded the requirement for the Council to consider this matter.
11. Bute & Cowal Area Committee 22 May 2002 12. Public Service & Licensing Committee 23 May 2002 13. Commercial Operations Board 23 May 2002 14. Audit Committee 24 May 2002 15. Mid Argyll, Kintyre & Islay Area Committee 27 May 2002 16. Helensburgh & Lomond Area Committee 30 May 2002 17. Strategic Policy Committee 30 May 2002
Arising from item 14 (Scheme of Administration and Delegations – Amendment) the Council agreed to amend the Scheme of Administration and Delegations under the Delegations to the Director of Development & Environment Services by adding a new paragraph 41 to give the Director of Development & Environment Services the power:- “ 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”.
18. Bute & Cowal Area Committee 5 June 2002 19. Mid Argyll, Kintyre & Islay Area Committee 5 June 2002 20. Oban, Lorn & The Isles Area Committee 5 June 2002 21. Helensburgh & Lomond Area Committee 6 June 2002
Arising from item 8 (Standard/Domesticated Fridge/Freezer Uplift Charges) the Council noted that the recommendations by the Area Committee would be considered by the Strategic Policy Committee with an accompanying report from the Director of Development & Environment Services.
4. LOCAL FRAMEWORK AND RECOGNITION AGREEMENT
The Strategic Policy Committee had recommended and the Council had agreed that a Local Negotiating Committee (Education) be established in terms of a Local Framework and Recognition Agreement. Arising from the Agreement the Council required to appoint (in addition to the Education Spokesperson) one Member from the Non-Aligned Group and one other Councillor to be Members of the Committee.
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Decision
Councillors Cameron and Freeman were appointed to serve on the Local Negotiating Committee (Education).
(Ref: Report by Director of Corporate & Legal Services dated 27 June 2002, submitted)
5. AUDIT COMMITTEE: VACANCY
Councillor Scoullar had intimated his intention to resign from the Audit Committee. Councillor Robert Macintyre intimated his willingness to exchange places with Councillor Scoullar taking his place on the Commercial Operations Board.
Decision
The Council approved this exchange.
(Ref: Report by Director of Corporate & Legal Services dated 27 June 2002, submitted).
6. CHIEF OFFICERS SALARY REVIEW
At its meeting on 14 February 2002 the Council had agreed to continue consideration of the Chief Officers Salary Review to this meeting, when the outturn expenditure for 2001/02 was before the Council.
A report by the Chief Executive outlined the history to this matter and recommended that the previous linkage between the salary of the Chief Executive and other Chief Officers be restored with effect from 1 September 2002.
Motion
That no action be taken meantime until consideration is given again following the review referred to in item 10 of this minute.
Moved by Councillor Macaskill, seconded by Councillor Walsh
Amendment
That the Chief Executive submit a further report on how the available money might be spent to deal with staff shortages in particular areas where these shortages appear to arise from issues of remuneration.
Moved by Councillor Coleshill, seconded by Councillor Cameron.
The requisite number of Members required the vote to be taken by calling the roll and Members voted as follows:-
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Motion Amendment
Councillor Chennell Councillor Cameron Councillor R Currie Councillor Coleshill Councillor Findlay Councillor D Currie Councillor Freeman Councillor Hay Councillor Latimer Councillor Kelly Councillor Marshall Councillor Morton Councillor Macaskill Councillor McIntosh Councillor MacDougall Councillor Scoullar Councillor D MacIntyre Councillor Stewart Councillor MacKinnon Councillor Stirling Councillor MacMillan Councillor Strong Councillor McKinlay Councillor Thompson Councillor McKinven Councillor Wilson Councillor McQueen Councillor Petrie Councillor Robertson Councillor Walsh Councillor Webster
Decision
The motion was carried by 18 votes to 13 and the Council resolved accordingly.
(Ref: Report by Chief Executive dated 18 June 2002, submitted)
7. MEMBERS’ ALLOWANCES
The Council noted the publication of the allowances paid to Members during 2001/02.
(Ref: Report by Director of Corporate & Legal Services dated 27 June 2002, submitted).
8. REVIEWING LOCAL DEMOCRACY
The Council agreed to endorse the response to the Scottish Executive’s White Paper “Renewing Local Democracy – the next steps” subject to the following changes:- Under the heading Salaries, Paragraph 2, line 2, delete the words “and in most cases exceeds it”, and Paragraph 2, line 4, replace the words “far in excess” with “greater”.
(Ref: Report by Head of Corporate Policy dated 27 June 2002, submitted)
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9. WHAT BUSINESS ARE WE IN/HOW WE DO OUR BUSINESS
On 21 March 2002 the Council had made a series of decisions in consequence of which the Chief Executive now submitted two reports (1) “What business Are We In” and (2) “How We Do Our Business”.
Decision
The Council resolved as follows:-
(1) That the Council embarks on a review which is designed to put the Council in the best position to deliver services effectively, comprising a review of the core/non-core business of the Council and how that business is delivered against a vision in terms of service delivery and culture which 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.
(2) The methodology for the review should be open and inclusive with the intention of positioning the Council in strategic terms over three and five year perspectives and beyond.
(3) In the first instance, that the Council establishes a Policy Development Group of nine Members (comprising five from the Non-Aligned Group being the Leader and Deputy Leader of the Council, the Convener, and Councillors Walsh and Freeman, and four others being Councillors Hay, Cameron, Scoullar and Stirling), chaired by the Leader, with the following initial remit –
(a) that the Policy Development Group meet to define the outline brief for the consultants;
(b) to make arrangements to advertise as soon as possible for expressions of interest from suitably qualified and experienced organisations in the public, private and academic sectors, to assist and advise the Council with the exercise on the basis that initial expressions of interest would outline approach and indicative costs;
(c) that the Policy Development Group considers expressions of interest received and draws up a shortleet;
(d) that the shortleeted organisations be invited to make presentations to all Members of the Council at a meeting to be arranged at an early date, in order that all Members may have the opportunity of considering in more detail the scope and methodology for the review as outlined in the expressions of interest;
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(e) immediately thereafter, the Council finalises the remit to be given to the adviser(s), the costs involved in the review and the basis on which those costs are to be met;
(f) and thereafter the Policy Development Group report on a regular basis to Council(lors) on progress of the review.
(Ref: Report by Chief Executive dated 17 June, submitted).
The Chairman adjourned the meeting at 12.45.p.m. and re-convened at 1.30.p.m.
10. 2001/2002 ANNUAL ACCOUNTS (UNAUDITED)
A report submitted by the Director of Finance advised that the unaudited annual accounts for 2001/2002 would be lodged with the Controller of Audit by 30 June 2002. The report indicated that the General Fund showed a surplus position of £487,000, the Housing Revenue account a surplus position of £1,151,000. The DLO and DSO’s returned a net surplus of £157,000 although included in the overall surplus was a deficit on the Property Maintenance DLO of £85,000
Decision
Noted the submission of the unaudited accounts within the statutory timescale and remitted the accounts to the Audit Committee for further scrutiny.
(Ref: Report by Director of Finance dated 27 June 2002, submitted
11. AMENDMENT TO SCHEME OF ADMINISTRATION AND DELEGATIONS
The Council considered a recommendation from the Helensburgh & Lomond Area Committee to the Strategic Policy Committee of 20 June 2002 in regard to an extension of delegation to the Director of Development & Environment Services to process and determine certain development control matters.
Decision
Agreed:-
1. To amend the Scheme of Administration and Delegations (Section III, 3(c) as follows:- Add new paragraph 18 “Approval of planning applications where objections have been received from Statutory Consultees on unreasonable grounds which, after investigation by, and in the opinion of, the Director cannot be substantiated”.
2 That the Director of Development and Environment Services write to Scottish Water requesting them to improve the specification of responses to consultations on planning applications.
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(Ref: Extract of Minute of the Strategic Policy Committee of 21 June 2002, tabled).
12. NON-PROFIT DISTRIBUTING ORGANISATION/PUBLIC PRIVATE PARTNERSHIP (NPDO/PPP: SCOTTISH EXECUTIVE INITIATIVE TO PROVIDE REVENUE SUPPORT FOR PRIVATE PARTNERSHIP SCHOOL BUILDINGS PROJECTS
The Council considered the outcome of the Council’s application to the Scottish Executive to award capital investment to support an NPDO/PPP Project for the Education Service. The Scottish Executive, on 25 June 2002, announced that they were making an offer of revenue support on capital expenditure of £80m.
Decision
The Council noted the offer of revenue support on capital investment of £80m and authorised the Project Board to progress the preliminary work associated with the project including the matters noted in the report by the Project Board.
(Ref: Report by Project Board dated 27 June 2002, tabled).
13. CLYDE AND WEST COAST FERRIES
The Scottish Executive had today issued for public consultation the tender documents covering the provision of Clyde and West Coast Ferry Services.
A number of Members expressed concern regarding certain elements/omissions, particular reference being made to the Greenock/Gourock vehicular service, and the need for the Council to consult local communities before responding to the consultation.
Decision
That appropriate arrangements be made to ascertain local community views prior to the Council responding to the consultation.
The Council resolved in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, to exclude the public for the following items of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraphs 1 and 9 respectively Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.
14. AMENITY SERVICES DSO BUSINESS PLAN
The Council considered the Amenity Services DSO Business Plan 2002-2003.
Decision
Agreed to note and endorse the report.
(Ref: Report by Director of Environmental Services dated 27 June 2002,
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submitted).
15. ROADS BUSINESS PLAN
The Council considered the Roads Business Plan 2002-2003.
Decision
Agreed to note and endorse the contents of the report.
(Ref: Report by Director of Transportation & Property dated 27 June 2002, submitted).
16. BUILDING SERVICES DLO BUSINESS PLAN
The Council considered the Building, Services DLO Business Plan 2002/2003.
Decision
Agreed to note and endorse the contents of the report.
(Ref: Report by Head of Property & Facilities Management dated 23 May 2002, submitted).
17. CATERING, CLEANING AND JANITORIAL SERVICES BUSINESS PLAN
The Council considered the Catering, Cleaning & Janitorial Business Plan 2002- 2003 and beyond.
Decision
Agreed to note and endorse the contents of the report.
(Ref: Report by Head of Property & Facilities Management dated May 2002, submitted).
18. LEISURE MANAGEMENT BUSINESS PLAN
The Council considered the Leisure Management Business Plan 2002-2003.
Decision
Agreed to note and endorse the contents of the report.
(Ref: Report by Head of Economic Development Tourism & Leisure 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 item of business on the grounds that it was likely to involve the disclosure of exempt information as defined
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in Paragraph 9 of Part 1 of Schedule 7A to the Act.
19. PURCHASE OF SITE FOR HELENSBURGH DEPOT
The Council considered the purchase of a site for the development of a council depot for the Helensburgh & Lomond Area.
Decision
Agreed the recommendations in the report by the Director of Development & Environment Services.
(Ref: Report by Director of Development & Environment Services dated 27 June 2002, submitted).
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11 Page 16 Page 17 Agenda Item 3c
ARGYLL AND BUTE COUNCIL
MINUTES of MEETING of ARGYLL AND BUTE COUNCIL held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on THURSDAY, 15 AUGUST 2002
Present: Convener William Petrie (Chair)
Councillor Robin Banks Councillor Duncan MacIntyre Councillor Campbell Cameron Councillor Robert Macintyre Councillor Douglas Currie Councillor Donnie MacMillan Councillor John Findlay Councillor Alastair McKinlay Councillor George Freeman Councillor Gordon McKinven Councillor Ian Gillies Councillor James McQueen Councillor Alison Hay Councillor Bruce Robertson Councillor Ronald Kinloch Councillor Len Scoullar Councillor Stanley Latimer Councillor Moyra Stewart Councillor Bruce Marshall Councillor John Stirling Councillor Ellen Morton Councillor Sheila Wilson Councillor Allan Macaskill
Apologies: Councillor Brian Chennell Councillor Eric Thompson Councillor Paul Coleshill Councillor Dick Walsh Councillor Dugald MacKinnon Councillor David Webster Councillor Isobel Strong
Attending: James McLellan, Chief Executive Nigel Stewart, Director of Corporate & Legal Services Stewart McGregor, Director of Finance George Harper, Director of Development & Environment Services Ian Love, Head of Statutory Plans
1. PROPOSED MODIFICATIONS TO ARGYLL AND BUTE STRUCTURE PLAN
The Scottish Executive had proposed modifications to the Argyll & Bute Structure Plan. A report by the Director of Development & Environment Services reviewed these and proposed objections and comments for the Council’s consideration.
Decision
That the Council –
(1) lodge objections to the Scottish Executive’s proposed modifications to the Structure Plan in the terms of the proposed objections as set out in Section 3 PART A of the report by the Director of Development and Environment Services, paragraphs 3.2, 3.3, 3.14, 3.17, 3.20, 3.23, 3.26, 3.29, 3.32, 3.35, 3.38 and 3.41.
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(2) note the comments set out in Section 3 PART B of the report; and
(3) submit to the Scottish Executive the following further comment –
There is concern that the proposed modified wording of PROP SET 4 relating to housing provision, may be interpreted as preventing positive consideration of windfall opportunities on infill sites within the settlement boundaries during the period up to the publication and analysis of the 2001 Census outputs for the area. Accordingly, for the purposes of clarity, the Council seeks to add the following two categories of housing development to PROP SET 4B.
Small scale windfall housing opportunities within the settlement boundaries. New Local Plan proposed housing allocations within the settlement boundaries subject to these developments not exceeding the remaining balance of the existing Local Plan allocations adjusted to take account of consents granted subsequent to August 2001 and of the ineffectiveness of some of these existing allocations.
There is particular concern about the proposed business, industry and housing provision modifications for the Helensburgh and Lomond area. The Council is concerned that Ministers should be aware of and appreciate the democratic dimension, beyond the technical statistics, which the Council wishes to convey. The Council’s Structure Plan position was and has been reached after extensive local consultation. Its democratic mandate, and its assessment of the needs and aspirations of the people in Helensburgh and Lomond give the Council confidence, on which it believes Ministers may rely, about the needs and aspirations of the majority of those in that area. It is also important that this Council be able to continue, with confidence, to prepare and present, next year in 2003, a consultative draft Local Plan for the area, incorporating effective housing to include appropriate provision for affordable housing across the planning area as a whole.
(Ref: Report by Director of Development & Environment Services dated 15 August 2002, submitted).
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2 Page 19 Agenda Item 4a
ARGYLL AND BUTE COUNCIL
MINUTES of MEETING of STRATEGIC POLICY COMMITTEE (EDUCATION) held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on THURSDAY, 20 JUNE 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 Alexandra Montgomery Councillor Duncan MacIntyre Sandra Shanks Councillor Alastair McKinlay Jane Brown Councillor Donnie MacMillan
Also Present: Councillor Campbell Cameron Councillor Dugald MacKinnon Councillor Robin Currie Councillor James McQueen Councillor John Findlay Councillor Bruce Robertson
Attending: James McLellan, Chief Executive Nigel Stewart, Director of Corporate & Legal Services Archie Morton, Director of Education Stewart McGregor, Director of Finance
The Chairman welcomed Councillor McKinlay back to the Strategic Policy Committee after his recent illness.
1. DECLARATIONS OF INTEREST
Councillors MacMillan and Robertson declared an interest in relation to the report on Mid Argyll Swimming Pool: Swimming Instruction, which is dealt with at Item 5 of this minute and took no part in the discussion on this item.
Councillor R Currie declared an interest in relation to the report on the Gaelic Specific Grant Bids 2003/2004 on one project (Ionad Chaluim Chille-Ile) which is dealt with at item 4 of this minute and took no part in the discussion on this item.
2. MINUTES
The Minutes of the Strategic Policy Committee (Education) of 9 May 2002 were approved as a correct record.
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3. COMMUNITY USE OF COUNCIL VEHICLES
The Education Service makes vehicles available for use by community organisations when not required by the Education Service. Community Groups are required to cover costs in the event of an accident and in order to protect these groups from facing large uninsured losses the Committee considered setting up a fund to cover this.
Decision
Agreed that a fund be created by charging community groups £10 per use for a period of less than 4 hours or £20 per day. Community groups would still be liable for the first £250 of any uninsured loss. The fund would be used to protect community groups from additional liability and payment would require to be made by cheque at the time of booking the vehicle.
(Ref: Report by Director of Education dated 23 May 2002, submitted).
4. GAELIC SPECIFIC GRANT BIDS 2003/2004
Argyll and Bute Education Service makes extensive use of the scheme of Specific Grants to support Gaelic language and culture across the education sector. Details were submitted on the various distinct but inter-related elements of the proposed bids being put forward by the authority for session 2003/04 and reflected the maintenance agenda required to sustain Gaelic across the council area.
Decision
1. Approved the arrangements being made in the education service to maintain the authority’s policy of promoting Gaelic language and culture and agreed to the package of proposed bids for session 2003/04 as detailed in the Director’s report.
2. Agreed that a further report be brought to the Committee once the outcome of the 2003/04 bid was known.
(Ref: Report by Director of Education dated 25 April 2002, submitted).
5. MID ARGYLL SWIMMING POOL: SWIMMING INSTRUCTION
The Strategic Policy Committee at its meeting on 18 April 2002 agreed that the Education Service would require to cost access to Mid Argyll Swimming Pool at the rate of £38 per hour and either cut the number of hours of tuition provided or find the additional finance to pay for this. The Committee requested that a further report be submitted on the outcome of the consultation with 14 primary schools.
2 Page 21
Decision
1. Noted the outcome of the discussions with schools and confirmed the agreement that the Education Service would reduce the primary schools’ swimming in Mid Argyll to 160 hours per annum.
2. Noted that the Director of Education would be submitting a report to a future meeting of the Committee regarding the future of swimming provision for pupils throughout Argyll and Bute.
(Ref: Report by Director of Education dated 27 May 2002, submitted).
6. EDUCATION FINANCE MONITORING GROUP
Members considered a note by the Leader of the Council with regard to the Education Finance Monitoring Group which sought approval to incur further expenditure from the Education Department’s savings in place for the year 2002/2003.
Decision
Noted and approved the contents of the report.
(Ref: Report by Leader of the Council dated 20 June 2002, submitted).
Strat pol ed 20 Jun
3 Page 22 Page 23 Agenda Item 4b
ARGYLL AND BUTE COUNCIL
MINUTES of MEETING of STRATEGIC POLICY COMMITTEE held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on THURSDAY, 20 JUNE 2002
Present: Councillor Allan Macaskill (Chair)
Councillor Robin Banks Councillor Alastair McKinlay Councillor George Freeman Councillor Donald MacMillan Councillor Ian Gillies Councillor Billy Petrie Councillor Ronald Kinloch Councillor Dick Walsh Councillor Duncan MacIntyre Councillor David Webster
Also Present: Councillor Campbell Cameron Councillor Robert Macintyre Councillor Robin Currie Councillor James McQueen Councillor John Findlay Councillor Dugie MacKinnon Councillor Alison Hay Councillor Bruce Robertson Councillor Bruce Marshall
Attending: James McLellan, Chief Executive Nigel Stewart, Director of Corporate & Legal Services Stewart McGregor, Director of Finance Malcolm MacFadyen, Head of Development & Client Services Peter Ward, Transportation & Property Services
The Chairman intimated that he had acceded to a request from Councillor Robin Currie, who was not a Member of the Strategic Policy Committee, in terms of Standing Order 22.1, to be added as a Member of the Committee in respect of item 17 of this minute.
The Chairman advised the Committee that the new Spokesperson for Health & Social Issues was Councillor Donald MacMillan.
1. MINUTES
(a) The note of the inquorate meeting of the Policy Development Group on Community Councils of 3 May 2002 was noted.
(b) The minutes of the Policy Development Group on Aquaculture of 17 May 2002 were noted.
(c) The minutes of the Policy Development Group on KPMG/Campbeltown Community Project of 20 May 2002 were noted.
(d) The minutes of the Strategic Policy Committee of 30 May 2002 were approved as a correct record.
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2. 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 Children and Families, Benefits Performance Standards, Prosecution Policy, Maintenance, Scottish Secure Tenancy, Tenants Communication Strategy and Rent Setting Policy.
Decision
Noted the terms of the report.
(Ref: Report by Director of Housing & Social Work, submitted)
3. COMMUNITIES SCOTLAND’S INVESTMENT PROGRAMME 2002/2003
Communities Scotland had indicated that they were likely to be in a position to invest around £5m within Argyll & Bute during 2002/2003. In turn, a further £1.5m will be drawn into the area in the form of private sector leverage gained in support of housing association projects. The Committee considered an outline of all the projects that were being considered for inclusion in this year’s programme which reflected the joint priorities for investment that had been negotiated with the Council and other key partners.
Decision
Noted the terms of Communities Scotland’s Investment Programme for 2002/2003.
(Ref: Report by Director of Housing & Social Work dated 15 May 2002, submitted).
4. THE LOCAL HOUSING STRATEGY Implementing the Housing (Scotland) Act 2001
The strategic housing functions of local authorities had been substantially enhanced by new provisions contained in the Housing (Scotland) Act 2001. The requirement to produce a Housing Plan had been replaced with a duty to produce a Local Housing Strategy. Guidance on developing the Local Housing Strategy is anticipated from the Scottish Executive in the near future and a provisional timetable has been set for the process. The Council will be required to produce a draft strategy and undertake extensive consultation by the end of 2002, and have a completed version ready for submission by March 2003.
Decision
Noted the new statutory duties placed on local authorities and the significant resource commitments and that substantial consultation will be required in order to produce the Local Housing Strategy within the envisaged timescale.
(Ref: Report by Director of Housing & Social Work dated 15 May 2002, submitted).
2 Page 25
5. THE HOMELESSNESS STRATEGY Implementing the Housing (Scotland) Act 2001
The Housing (Scotland) Acts 2001 obliges local authorities to undertake the development of Homelessness Strategies, working in collaboration with a range of partners. The Committee were updated on the progress being achieved.
Decision
1. Noted the work ongoing to comply with the new statutory duty relating to homelessness placed on the local authority under the Housing (Scotland) Act 2001.
2. Noted the formation of an Officers’ Steering Group to formulate recommendations for consideration in relation to the future development of policies and procedures designed to eradicate homelessness.
(Ref: Report by Director of Housing & Social Work dated 20 June 2002, submitted).
6. THE MODERNISED RIGHT TO BUY Implementing the Housing (Scotland) Act 2001
The Housing (Scotland) Act 2001 introduced considerable amendments to the Right to Buy process which were due to be introduced on 30 September 2002 along with the new Scottish Secure Tenancy Agreement. The Committee considered the principal changes together with the likely implications for the Council, its tenants, and other residents of Argyll & Bute.
Decision
1. Noted the principal changes and implications that will arise following the introduction of the modernised Right to Buy.
2. Agreed the recommendations contained in the report by the Director of Housing & Social Work.
3. Agreed to refuse all applications that are received from tenants who have an outstanding debt attributable to their present or past tenancy, or where they have arrears of Council Tax or Water and Sewage charges, relating to their present home or another property elsewhere within the Council’s area for which they have responsibility.
(Ref: Report by Director of Housing & Social Work dated 20 May 2002, submitted).
7. IMPROVEMENT AND REPAIRS GRANTS – CONSULTATION Implementing the Housing (Scotland) Act 2001
The Housing (Scotland) Act 2001 modified the improvement and repair grants system set out in the Housing (Scotland) Act 1987, which was the basis for the Council’s current policies for improvement and repair grants. The Scottish Executive have issued a consultation paper for consideration by local authorities and other interested bodies and sought comments on various aspects of the implementation of the new provisions.
Decision
Agreed the proposed responses to the Scottish Executive’s Consultation Document.
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(Ref: Report by Director of Housing & Social Work dated 22 May 2002, submitted).
8. RESOURCE ISSUES
The Spokesperson for Resource Issues, Councillor George Freeman submitted a report summarising the issues he had been involved in recently including the COSLA Finance Executive Group and Budget for 2003/2004. 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 20 June 2002, submitted)
9. TREASURY MANAGEMENT ANNUAL REPORT
Preparation of an annual report is a requirement of the Chartered Institute of Public Finance and Accountancy Code of Practice on Treasury Management in Local Authorities. The Committee considered the key points from the Treasury Management Annual Report.
Decision
Noted the annual report on Treasury Management.
(Ref: Report by Director of Finance dated 24 May 2002, submitted).
10. OBAN AIRPORT – AIR/GROUND RADIO SERVICE
The Committee considered a recommendation by the Oban, Lorn & The Isles Area Committee with regard to the provision of an air/ground radio service at Oban Airport.
Decision
Agreed that the cost of enhancement of the air/ground radio service at Oban be met by:
1. Reducing the Council’s share of landing charge revenue above the historic levels to zero.
2. 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.
3. Charging private air craft of 3,000 kg or above the commercial/public transport landing rate of £4.90 per 500 kg.
4. To note that these arrangements are for the period until the present contract with Total Logistic Concepts expires.
(Ref: Extract from Oban, Lorn & The Isles Area Committee of 5 June 2002 and report by Director of Transportation & Property to that Committee, submitted).
4 Page 27
11. CONTAMINATED LAND: ADDITIONAL CAPITAL CONSENT 2002/2003
The Committee considered a report which showed the planned outcomes to be derived from the use of additional capital expenditure allocated to Argyll & Bute Council in 2002/2003 for the purposes of its statutory role in the contaminated land regime.
Decision
1. Noted the current and future basis for funding in support of the Council’s statutory role in the contaminated land regime.
2. Approved the broad proposals designed to deliver the Council’s Contaminated Land Strategy.
(Ref: Report by Director of Development & Environment Services dated 21 May 2002, submitted.
12. SCOTTISH EXECUTIVE CONSULTATION ON AQUACULTURE
Previously the Strategic Policy Committee established a Policy Development Group to prepare a response to the Scottish Executive’s Consultation into the preparation of an Aquaculture Strategy for Scotland. The Committee considered the recommended response by the Policy Development Group to the Scottish Executive.
Decision
1. Approved the recommended response by the Policy Development Group to the Scottish Executive on behalf of Argyll & Bute Council.
2. Agreed that the Policy Development Group be given a further remit to investigate a pro active response to the issues highlighted in the response for the benefit of Argyll and Bute and to report back to the Strategic Policy Committee.
(Ref: Report by Director of Development & Environment Services dated 17 June 2002 and Extract from the Policy Development Group and draft response, tabled).
13. LOCH LOMOND AND THE TROSSACHS NATIONAL PARK
The Committee considered recommendations by the Scottish Executive with regard to the proposed transitional development control arrangements for the Loch Lomond and the Trossachs National Park.
Decision
Agreed that the Scottish Executive be advised that:-
1. Argyll & Bute Council agree to carry out part of the Development Control function on behalf of the National Park for a period of 6 months and if need be for one year from the commencement date.
2. Argyll & Bute Council agree to carry out part of the Development Control function on the basis of the agreed transitional Development Control arrangements as considered by the Planning Officers Sub Group and that Argyll & Bute Council will receive the planning fees for the applications.
5 Page 28
(Ref: Report by Director of Development & Environment Services dated 11 June 2002, submitted).
14. SCHEME OF ADMINISTRATION AND DELEGATIONS – AMENDMENT * The Committee considered a recommendation from the Helensburgh & Lomond Area Committee which arose from a report by the Director of Development & Environment Services regarding an extension of delegation to the Director to process and determine certain development control matters.
Decision
Agreed to recommend the following adjustment to the Scheme of Administration and Delegations (Section III, 3, (C)) –
Add new paragraph 18 “Approval of planning applications where objections have been received from Statutory Consultees on unreasonable grounds which, after investigation by, and in the opinion of, the Director cannot be substantiated”.
(Ref: Report by Director of Corporate & Legal Services dated 11 June 2002, Extract by the Helensburgh & Lomond Area Committee of 6 June 2002, and report to that Committee, submitted).
The Committee resolved in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, to exclude the public for the following 3 items of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraphs 6 and 9, 6, 6 and 9, respectively of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.
15. HERMITAGE ACADEMY SYNTHETIC PITCH – PROGRESS REPORT
The Committee considered a report with regard to the main contractor for the construction of the synthetic all-weather playing surface at Hermitage Academy, Helensburgh.
Decision
Noted the actions taken and requested that a further report be submitted providing detailed financial analysis at the completion of the project.
(Ref: Report by Director of Development & Environment Services, submitted).
16. REQUEST TO WRITE-OFF DEBT
The Committee considered a report with regard to a request to write-off a debt owed to the Council.
Decision
Agreed to accept the owner’s offer subject to the deduction of legal fees up to the maximum figure noted in a report by the Director of Housing & Social Work and that the balance of the debt be written-off.
(Ref: Report by Director of Housing & Social Work dated 17 May 2002, submitted).
6 Page 29
17. FEOLIN SLIP REPAIRS, JURA
The Committee considered a report by the Director of Transportation & Property Services which sought approval for the acceptance of a tender for the repairs to the ferry slipway at Feolin on Jura.
Decision
1. Approved the acceptance of the lowest tender from the company at the figure noted in the report.
2 Approved the expenditure of an additional amount for the strengthening of weak foundations if required at the figure noted in the report.
3. Agreed that the additional expenditure of the approved budget be accommodated within the Roads approved capital Plan for 2002/2005 by slippage of the A846 Duich Bridge strengthening – Islay.
(Ref: Report by Director of Transportation & Property dated 11 June 2002, submitted).
Strat pol 20 Jun
7 Page 30 Page 31 Agenda Item 4c
ARGYLL AND BUTE COUNCIL MINUTE of MEETING OF AREA COMMITTEE FOR MID ARGYLL, KINTYRE AND ISLAY held in COUNCIL CHAMBER, CAMPBELTOWN on 24 JUNE 2002
Present: Councillor Donnie MacMillan (Chair)
Councillor Alison Hay Councillor John Findlay Councillor Alastair McKinlay 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 Bruce Campbell, Senior Environmental Health Officer Lisa Robinson, Development and Environment Services Moir Nelson, Scottish Environment Protection Agency Scott Crawford, Scottish Environment Protection Agency
1. APOLOGIES
Apologies were received from Councillor Currie.
2. BACKGROUND
Moir Nelson explained the background to the Campbeltown sewage treatment scheme. A copy of his note is attached.
Scottish Water was represented by Colin Baillie, Kenny Naylor, Martin Dunne and Duncan Aitken.
Colin Baillie the Regional Manager for the north area which includes Argyll explained the background to the Campbeltown issues and in particular that infiltration, that is water entering the system from various sources, was greater than had been expected. As a result the pipe network is not draining and is permanently full (or surcharged). Water is also entering the pipes from burns, as it always has, and at high tides, from seawater.
Scottish Water are taking action to increase pumping by upgrading the pumps to those that can take 75 litres per second. Extra membranes have been installed at the treatment facility and investigations are being made into the condition of the pipe network.
Questions were put by all the Councillors in regard to the situation and the prospects for the future.
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3. OUTCOME
It was agreed that Scottish Water would return to the Area Committee at their meeting on 4 September 2002 to give an update on the Campbeltown system.
Scottish Water will also ensure that the reinstatement of both Kinloch Park and at the village of Stewarton, which has now been allocated, will also be carried out. They will be investigating the whole network in Campbeltown and will reinstate any matters which they notice or are brought to their attention, such as pipes left at Kinloch Green.
In regard to the acute problems at Campbeltown harbour, Scottish Water require to address these urgently and the Council’s Public Protection department will be monitoring their progress on this and reporting on a regular basis to the Area Committee.
The Committee will write to the Water Industry Commissioner to ask for information on how decisions are made in regard to the works required for the Coastal Communities in Mid Argyll, Kintyre and Islay. Information will be provided by Scottish Water to the Area Committee on the protocols being worked out in regard to new users connecting to the network.
It was noted that it was expected that Inveraray waste water treatment would commence in July 2002, Tarbert in September 2002, Ardrishaig in January 2003 and details would be provided for Bowmore and Port Ellen.
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ARGYLL AND BUTE COUNCIL
MINUTES of SPECIAL MEETING of the PUBLIC SERVICE & LICENSING COMMITTEE held in THE CORRAN HALLS, OBAN on TUESDAY 25 JUNE 2002
Present: Council Stanley Latimer (Chair)
Councillor Campbell Cameron Councillor Alistair MacDougall Councillor Gordon McKinven
Attending: Nigel Stewart, Director of Corporate and Legal Services Colin Brown, Chief Solicitor
Apologies Councillor John Findlay Councillor Bruce Marshall Councillor Bruce Robertson Councillor Moyra Stewart
The Chairman ruled, and the Committee agreed, that the business which is dealt with at item 1 of this minute be considered as a matter of urgency by reason of the need to make an early decision on the classification of the film Spider-Man in view of the fact that cinemas in Argyll and Bute were currently showing the film and the cinema operators required to know the Council’s position.
1 CINEMA ACT 1985: SPIDER-MAN
Highland Discovery Centre Limited had submitted a request that the Council exercise its discretion to alter the classification of the Spider-Man film from a 12 Certificate with the warning “Some strong scenes of fantasy violence” to a PG certificate with the warning “Some strong scenes of fantasy violence – not suitable for under 8s”
The Committee had viewed the film prior to the commencement of this meeting.
Decision
1. To apply a “PG-12” classification to the film which would permit cinema operators to admit a person under 12 to view the film if accompanied by an adult, being a person of 16 years or over.
2. That if cinema operators wish to take advantage of the revised clarification that they be required to exhibit a notice at a prominent place on or near the entry to the premises, where it will easily be viewed by patrons, warning that the film contains strong scenes of fantasy violence and parents are advised to consider whether the content may upset younger or more sensitive children.
(Ref: Report by Director of Corporate & Legal Services dated 20 June 2002, Submitted)
Spsl 25 june Page 34 Page 35 Agenda Item 4e
MINUTES of MEETING of BUTE AND COWAL AREA COMMITTEE held in the QUEEN'S HALL, DUNOON on TUESDAY 02 JULY 2002
Present: Councillor J. R. Walsh (Chair)
Councillor Chennell Councillor McQueen Councillor D.C. Currie Councillor Marshall Councillor McKinven Councillor Scoullar Councillor Macintyre Councillor Strong
Attending: Sharon Nulty, Scottish Water Bill Martin, Scottish Water Dave Petrie, Scottish Water
W. Allan, Loyal Orange Institution of Scotland, Argyll & The Isles Chief Inspector J. Donnelly, Strathclyde Police
George B. McKenzie, Area Corporate Services Manager Colin Brown, Senior Solicitor Alan Lothian, Area Manager, Transportation Hugh Blake, Etates Martin Turnbull, Senior Community Education Officer Phillip O’ Sullivan, Senior Development Control Officer Alan Brandie, Research and Development Officer, Housing Services
1. Apologies
None
2. Scottish Water - Options Report
The Area Committee heard a detailed report from Sharon Nulty and Bill Martin of Scottish Water on the draft Options Report for Wastewater Treatment in the Dunoon area. They detailed the various sites which had been considered giving the advantages and disadvantages of each and said that of the sites considered three remained viable, Kilbride Quarry, Dunloskin and Sand bank Industrial Estate. They indicated that the first two were preferred sites and the third a reserve option. Following their lengthy and detailed presentation on the options the Chairman opened the meeting to public comment and questions and statements were received from the audience. The Chairman of Sandbank Community Council following a statement against the siting of the Treatment Works in the Sandbank area handed the Area Corporate Services Manager a file containing his statement, consultations and petitions on the subject. The members of the Area Committee then debated the matter and agreed the following:-
(i) That the meetings with Scottish Water have been useful and should continue as a part of the Area Committee agenda for Dunoon meetings. (ii) To accept the undernoted draft criteria for Wastewater Treatment Facility Site selection. Page 36
Any site selected for a Waste Water Treatment Facility should be consistent with all the requirements of National, Regional and Local Planning Policy Guidelines. Any site selection should not include sites in the following categories:-
Sites in close proximity to established residential developments Sites in close proximity to schools, educational establishments with children, hospitals and medical facilities Sites in close proximity to public water supplies Sites that promote the development of high quality in-bye agricultural land Sites earmarked for residential development Sites earmarked for Industrial and Tourist related development Sites where the development will be prominent and where there would be an adverse environmental impact. Sites that promote bad neighbour development Sites of Archaeological and local historical significance Sites with Natural Heritage interests Sites that promote development where the boundaries conflict with the legal requirements for Airborne Bacteria.
(iii) that visits organised by Scottish Water would take place to Helensburgh and possibly Rothesay Wastewater Treatment Works for the members of the Area Committee and Community Council representatives.
The Chairman thanked the representatives of Scottish Water and the members of the public who had attended this part of the Area Committee meeting for their participation and contributions to this important matter.
The Area Committee meeting was then adjourned for one hour.
3. Additional Items of Business
When the meeting reconvened the Chairman advised the Committee that he had accepted two additional items of business for the agenda of the meeting, namely the lease of a piece of land at the Black Park, Dunoon and the Scottish Office Tendering Process for the Clyde and Hebrides Lifeline Ferry Routes, which he considered urgent in terms of Standing Order 3.2.2, both being governed by time limits.
The Committee agreed these items be discussed at the appropriate sections of the published agenda items.
4. Declarations of Interest
Declarations of Interest were made as follows:-
Councillor McKinven – Minute item 6(a) Councillor Macintyre – Minute item 6(a) Councillor McQueen – Minute item 6(c) Councillor Marshall – Minute item 10 (b) & (c) – a pecuniary interest Councillor Scoullar – Minute item 10 (a) – a non pecuniary interest
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5. Minutes
(a) Minute of Area Committee meeting of 5th June 2002
The Area Committee approved as a correct record the minute of their meeting of 5th June 2002
(b) Minute of meeting of 22nd May 2002 - Orange Institution March
The minute of the meeting of 22nd May 2002 to consider the Loyal Orange Institution Annual Boyne Parade notification was approved as as correct record.
(c) Minute of Informal Hearing of 5th June 2002
The minute of the Informal Hearing of 5th June 2002 was approved as a correct record.
6. Corporate and Legal Services
(a) Loyal Orange Institution of Scotland, Argyll & The Isles District - Proposed feeder march to Main Boyne Celebration March in Dunoon - 6th July 2002. - Report to Follow
Councillor MacKinven and Macintyre left the meeting while this item was being discussed.
A report was submitted from the Director of Corporate and Legal Services advising the Area Committee that notification had been received from the Loyal Orange Institution of Scotland, Argyll & The Isles that they intend to hold a feeder march to the main Annual Boyne Celebration March taking place in Dunoon on 6th July 2002.
Colin Brown, Senior Solicitor also advised the Committee of the Appeal heard before the Sheriff in Dunoon on 1st July 2002 concerning the Committee’s prohibition of the proposed Orange Institution of Scotland’s Boyne Celebration March in Dunoon on 6th July 2002, the Sheriff having upheld the appeal.
The Committee heard from Mr W. Allan, Secretary of the Argyll & The Isles District of the Orange Institution and Chief Inspector Donnelly of Strathclyde Police. Page 38
Decision
The Area Committee noted the intentions of the Loyal Orange Institution of Scotland, Argyll & The Isles and the route and timings of their feeder march and did not make an order in terms of Section 63 the Civic Government (Scotland) Act 1982, but added a condition that only members of the Argyll & The Isles Orange Institution and the Corby Flute Band should take part in the feeder parades.
(Reference; Report by Director of Corporate and Legal Services dated 26th June 2002 – submitted)
(b) Proposed Lease of Ground at Argyll Street Car Park, Dunoon
A report was submitted recommending the lease of a piece of Argyll Street Car Park to McKays Stores Ltd for use as a bin store.
Decision
The Committee approved the lease of the piece of Ground at Argyll Street Car Park in terms of the report by the Director of Corporate Services.
(Reference; Report by Director of Corporate Services dated 14th July 2002 – submitted)
7. Proposed Ground Lease - Black Park, Dunoon
Councillor McQueen declared an interest in this item of business and left the meeting while it was being discussed.
A report was submitted recommending the lease of an area of ground at the Black Park, Dunoon to Dunoon Royal British Legion (Scotland) Trust
Decision
The Committee agreed:-
(i) to accept early termination of the Dunoon Amateur Boxing Club’s lease of the site (ii) to instruct the Director of Corporate and Legal Services to seek Scottish Ministers’ consent to the proposed grant of a lease of this site to the Dunoon Royal British Legion (Scotland) Trust at a nominal rental for a period of 25 years (iii) to instruct the Director of Corporate and Legal Services to negotiate and conclude new terms and conditions with Dunoon Royal British legion (Scotland) Trust for this site, subject to the Council gaining Scottish Ministers’ consent and the Trust exhibiting a satisfactory constitution.
(Reference; Report by Director of Corporate and Legal Services dated 24th June 2002 – submitted) Page 39
8. Proposals for Tendering Clyde and Hebrides Lifeline Ferry Services
A report was submitted advising the Committee of the draft Scottish Executive Proposals for the delivery of the Clyde and Hebrides Lifeline Ferry Services.
The Chairman advised the Committee that this consultation document had only been received by the Council in the past few days and some of the proposals contained in it, particularly relating to the Gourock- Dunoon Ferry Services were far reaching and not acceptable. The Chairman also commented that it was unacceptable that the Scottish Executive in releasing this document appeared to have taken no notice of the views expressed by the community in Dunoon and Cowal following recent public consultation exercises on the matter of a vehicular ferry service to Gourock from Dunoon. He said it was the Council’s intention to hold public meetings in various venues throughout Argyll and Bute to prepare a response before the closing date in September. With the approval of the Committee he asked for comment from the public before any debate by the members of the Committee and there followed numerous comments upon the parts of the document relating to the Gourock- Dunoon service.
The Area Committee then considered the subject and felt that some of the proposals contained in the document had serious implications for both Dunoon and Rothesay and the adjacent mainland authorities.
There was general consensus that:-
(i) public meeting be held in Bute and Cowal on 3rd September (ii) local newspapers should be encouraged to feature this issue (iii) the community should be encouraged to write and express their views on this matter to the Scottish Executive direct. (iv) the Council be encouraged to arrange meetings with COSLA and adjacent authorities to discuss the proposals (v) the matter becomes a standing item on the agenda of this Area Committee
Decision
The Area Committee:-
(a) noted the detail of the report and the intention of the Council to invite the views of the communities and businesses served by Calmac (b) noted the intention to hold a public meetings (c) expressed its strong concern that at this stage the negative nature of the draft proposals for this area will create a clear negative impact of the sustainability of the community and development of the economy of the Bute and Cowal Area (d) regretted the decision of the Executive to ignore the wishes of business and residents of the area, as detailed in the Council’s response to the previous consultation, when formulating it’s draft contract proposals. (e) Invited the press to encourage individuals to write to the Scottish Executive with their objections to the proposals in the consultative draft.
(Reference; Report by Head of Transportation – submitted)
Page 40
9. Education
(a) Educational Development Grants
A report was submitted recommending Education Development Grants to organisations and individuals.
Decision
Educational Development Grants were awarded as follows:
Cowal Dog Training Club £500 Nicholas Kidd £100 Jo-Ann Smith £150
10. Housing and Social Work
(a) Cowal Housing Market Study
A report was submitted concerning the Cowal Housing Market Study which outlined the arrangements being made for the conduct of the study.
Decision
The Area Committee noted and endorsed the arrangements for the conduct of the study
(Reference; Report by Director of Housing and Social Work dated 10th June 2002 – submitted)
(a) Landfill Tax Applications
The Committee considered as report the second tranche of Landfill Tax applications to EB Scotland and prioritised them as follows:-
Argyll and Bute Trust – Agreed to ranking Recycle Jura & Islay Group – Agree to support in principle Ecobiz – Agreed to support in terms recommended in report Loch Goil Community Council – Agreed to ranking Campbeltown Waste Watchers – Not agreed Minard Community Woodland Trust – Not agreed Mid Argyll Swimming Pool – Not agreed Argyll and Bute Preservation Trust – Not agreed Lochgilphead Parish Church – Not agreed – not appropriate Ecobiz – No award as recommended
(Reference; Report by Head of Amenity Services – submitted)
Page 41
(b) Local Spending on Improved Waste Management Services
A report outlining schemes on improved waste management which would benefit from local spending through European Funding were considered.
Decision
The Committee continued this matter to the August meeting.
(Reference; Report by Head of Amenity Services – submitted)
(c) Planning Application No. 02/00983/DET - Fyne Homes (Bute Housing Assoc) - Erection of 10 Houses, Former Argyll Training Centre, Edward/Mary Street, Dunoon
Councillor Scoullar declared a non pecuniary interest and left the meeting while this application was determined
Decision
Approved subject to the conditions contained in the report by the Director of Development and Environment Services.
(d) Planning Application No. 02/00809/DET - Drimsynie House Hotel, Retention of brown Powerwall rendering on south west & south elevations and proposed rendering of remaining elevations, Drimsynie House Hotel, Lochgoilhead
Councillor Marshall declared a pecuniary interest in this application and left the meeting while it was being determined.
Decision
An informal site inspection followed by a meeting to determine the application to be held in Lochgoilhead on Wednesday 10th July 2002.
(e) Planning Application No. 02/00810/LIB - Drimsynie House Hotel, Retention of brown Powerwall rendering on south west & south elevations and proposed rendering of remaining elevations, Drimsynie House Hotel, Lochgoilhead
Councillor Marshall declared an interest in this application and left the meeting while it was being determined.
Decision
An informal site inspection followed by a meeting to determine the application to be held in Lochgoilhead on Wednesday 10th July 2002.
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(f) Planning Application No. 02/00638/OUT - Mrs J. Foulis, Site for Dwellinghouse, Upper Kames Cottage, Kames
Decision
Approved subject to the conditions contained in the report by the Director of Development and Environment Services.
(g) Delegated Decisions
Noted
(h) Enforcement Action
The Area Committee agreed that enforcement action be taken as follows:
Ref 02/00065/ENFOTH – continued. Ref 02/00040/ENFOTH – enforcement action agreed in terms of the report TPO 5/02 – Tree Preservation Order agreed in terms of the report TPO 6/02 – Tree Preservation Order agreed in terms of the report
Page 43 Agenda Item 4f
ARGYLL AND BUTE COUNCIL
MINUTES of MEETING of the HELENSBURGH AND LOMOND AREA COMMITTEE held in VICTORIA HALLS, HELENSBURGH on TUESDAY, 2 JULY 2002
Present: Councillor Kinloch (Chair)
Councillor Coleshill Councillor Petrie Councillor Freeman Councillor Stirling Councillor Latimer Councillor Thompson Councillor Morton Councillor Wilson
Attending: Charles Reppke Head of Democratic & Community Services Howard Young Senior Development Control Officer Gordon Sutherland Area Amenity Services Manager Alister Mackenzie Area Roads Manager Dan O’Neil Estates Surveyor
Apologies: Councillor Stewart
Under Section 14 of the Council’s Standing Orders the Chair agreed to consider an Urgent Motion as a matter of urgency to allow a view to be referred to the Strategic Policy Committee. It was agreed to consider this item as Item 5 of the Minute.
1. DECLARATIONS OF INTEREST
None.
2. APPROVAL OF PREVIOUS MINUTES
(a) Area Committee - 6 June 2002
(i) The Committee approved Minutes of Meeting of 6 June 2002 as a correct record.
(ii) Noted that a report regarding Standard Domestic and Fridge/Freezer Uplift Charges was being put to the Strategic Policy Committee to consider the abolition of these charges. Page 44
(b) Site Visit Minute - Dalarne, Pier Road, Rhu - 18 June 2002
The Committee approved Minutes of Site Visit of 18 June 2002 as a correct record.
3. 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
(i) To note the contents of the report.
(ii) Agreed that the Area Amenity Services Manager arrange with Police to visit the skateboarding facility site at Hermitage Park.
(Reference: Report by Head of Service - Development & Building Control dated 13 June 2002). . (b) 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 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 13 of Part I of Schedule 7A to the Act”.
(c) Enforcement Report - Helensburgh
A report was submitted seeking approval for enforcement action to be taken under Section 127 of the Town & Country Planning (Scotland) Act 1997. Page 45
Motion
That enforcement action be taken for the reasons outlined in the report by the Head of Development and Building Control.
Moved by Councillor Freeman Seconded by Councillor Thompson
Amendment
To continue consideration to the next meeting.
Moved by Councillor Stirling Seconded by Councillor Wilson
On a show of hands
Motion 3 votes Amendment 2 votes
Decision
That enforcement action be taken for the reasons outlined in the report by the Head of Development and Building Control.
(Reference: Report by Head of Development & Building Control dated 14 June 2002) .
(d) Local Spending on Improved Waste Management Services - European Funding
A report suggesting particular projects which could be implemented locally as a result of funding released through success in attracting European Transitional Funding to support the Council’s Waste Management Public Private Partnership was considered.
Motion
Agree to the recommendations as contained within the report.
Moved by Councillor Kinloch Seconded by Councillor Freeman
Amendment
(i) Agreed to delete project 1 - Civic Amenity Site, this being a statutory obligation, should be funded by Central Budget.
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(ii) Agreed to accept project 2 - Street Sweeping, with the inclusion of funds transferred from project 1 on a like basis for future years and to remove the words “rural areas”.
(iii) Agreed to accept project 3 - Greenlight.
Moved by Councillor Stirling Seconded by Councillor Coleshill
On a show of hands
Motion 3 votes Amendment 6 votes
Decision
(i) Agreed to delete project 1 - Civic Amenity Site, this being a statutory obligation, should be funded by Central Budget.
(ii) Agreed to accept project 2 - Street Sweeping, with the inclusion of funds transferred from project 1 on a like basis for future years and to remove the words “rural areas”.
(iii) Agreed to accept project 3 - Greenlight.
(Reference: Report by Head of Amenity Services dated 17 June 2002).
4. CORPORATE & LEGAL SERVICES
Prior to discussion of the following item of business it was resolved not to exclude the press and public.
(a) Former Drill Hall, East Princes Street, Helensburgh
Update on the proposal to demolish the former Drill Hall, East Princes Street, Helensburgh.
Decision
Agreed to the recommendations contained within the report.
(Reference: Report by Director of Corporate & Legal Services dated 14 June 2002). Page 47
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 these items 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”.
(b) Land at Luss Car Park - Proposed Disposal
A report on a request that an area of ground be declared surplus and disposed of at market value on a negotiated sale was considered.
Decision
(i) To declare the area of ground surplus to the requirements of the Council after consultation with the Loch Lomond and the Trossachs National Park Authority.
(ii) To remit consideration of the response from the Park Authority and all other matters relating to the disposal to the Head of Legal Services in consultation with the Chair and Vice Chair of the Committee.
(Reference: Report by Director of Corporate & Legal Services dated 28 June 2002).
Councillor Petrie left the meeting at this point.
5. URGENT MOTION
In terms of Standing Order 14 the Chair agreed to take this item as a matter of urgency to allow the Committee’s views to be considered by the Strategic Policy Committee.
Motion
The Helensburgh and Lomond Area Committee welcomes the Scottish Executives allocation of more money to Councils throughout Scotland. The Area Committee proposes that:
1. The Argyll & Bute Council share (approx. £1.8M) should be divided equally among the four Area Committees for their individual decision on spending priorities in their area.
And that if (1) above is adopted then: Page 48
2. The funding thus given to the Area Committee is added to road expenditure in this area.
Proposed by Councillor Coleshill Seconded by Councillor Morton
Amendment
The Argyll & Bute Council share (approx. £1.8M) should be divided equally among the 10 four Area Committees (in proportion to their number of Councillors, i.e. /36ths) for their individual decision on spending priorities in their area.
Proposed by Councillor Stirling Seconded by Councillor Thompson
On a show of hands
Motion 5 votes Amendment 2 votes
Decision
The Helensburgh and Lomond Area Committee welcomes the Scottish Executives allocation of more money to Councils throughout Scotland. The Area Committee proposes that:
1. The Argyll & Bute Council share (approx. £1.8M) should be divided equally among the four Area Committees for their individual decision on spending priorities in their area.
And that if (1) above is adopted then:
2. The funding thus given to the Area Committee is added to road expenditure in this area.
(Reference: Motion by Councillor Coleshill dated 2 July 2002).
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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 2 July 2002. Minute Item 3 (b).
Application No.
02/00527/DET Callum Williamson - Detailed Application - Erection of dwellinghouse, land west of ‘Hillcroft’, Lineside Walk, Rhu.
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 the Head of Development and Building Control dated 13 June 2002).
02/00083/DET Dobbies Garden Centre Plc - Detailed Application - Alteration and extension to Garden Centre, Ardencaple Garden Centre, Rhu Road Higher, Helensburgh.
Decision
(i) Agreed to accept this proposal on the grounds that it is for a smaller extension and alteration to the Garden Centre than was requested in 1998, during the life of the previous Council. This Garden Centre has long been established on the site (between forty and fifty years) predating the construction of Kathleen Park, whose residents must have been well aware of its existence when they built or purchased their homes. Garden Centres are an accepted countryside use and are commonly to be found in green belt locations. The proposals do not call for further intrusion into the Green Belt, or any new use, and the extension is contained within the existing development boundaries, therefore the proposal complies with Structure Plan Policy GB1, Argyll and Bute Finalised Draft Structure Policy STRAT3, and Government guidance set out in circular 24/1985 which advises against the encroachment of development into the countryside within Green Belts. Further under GB1 A and POLICY DC2 there would be a beneficial effect to the appearance of the site due to the rationalisation and refurbishment of some Page 50
buildings on the site and the removal of some poor quality ones. The business provides horticultural materials for domestic recreational use, in a location that is easily accessible to town residents and visitors. There would be an economic benefit from the refurbished premises, possibly greater than we already have from the existing facility. New landscaping would also offer an improved appearance from the road and this must impact favourably on the local area. Neither will the proposal conflict with retail policies R1A or R1C, however as with the original 1998 recommendation and that in the current report, I suggest that a Section 75 agreement be attached to prevent this business becoming a general retail outlet, by limiting the sale of non Garden Centre Goods to no more than 10% of the floor area.
No objections have been brought forward by either Roads Department or Public Protection.
In terms of material considerations the terms of the Reporter’s appeal decision on the previous application are noted. However, for the reasons set out above it is not considered that the proposed development would lead to an extension of the built up area, as the proposed extension is within an existing developed area. Further the rationalisation of the site and the removal of a number of poor quality buildings would result in an overall environmental improvement. As such the proposal would not result in the piecemeal erosion of the greenbelt by urbanising the site, or undermine the areas greenbelt designation as concluded by the Reporter.
(ii) Noted that the application would be referred to Public Services & Licensing Committee for final determination.
(Reference: Report by Head of Development and Building Control dated 13 June 2002). Page 51 Agenda Item 4g
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 3 JULY 2002.
Present: Councillor David Webster (Chairman)
Councillor Campbell Cameron Councillor Alistair MacDougall Councillor Ian Gillies Councillor Donald McIntosh Councillor Allan Macaskill Councillor Duncan MacIntyre
Attending: Kenneth Macdonald, Area Corporate Services Manager Colin Brown, Chief Solicitor Donald Kelly, Chief Solicitor Derek White, Area Property Officer Neil MacKay, Planning Manager John McIver, Senior Planning Officer Gordon King, Senior Building Control Officer Iain Welsh, Area Amenity Services Manager Seamus Lalor, Head of Economic Development, Tourism & Leisure Gwilym Gibbons, Development Manager, Corran Halls Carol Walker, Head of Primary and Early Education Alex Taylor, Area Service Manager, Social Work Bill Weston, Assistant Area Transportation Manager Peter Ward, Acting Head of Design (Transportation & Property Services) Inspector Ciorstan Shearer, Strathclyde Police
Apologies: Councillor Robin Banks
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 15, 18 and 22, 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.
Prior to the commencement of business, the Chairman expressed the Committee’s sadness at the passing of Mr John McGillvray, who had served on the Luing Ferry for many years.
1. DECLARATIONS OF INTEREST
Councillor Duncan MacIntyre declared an interest in item 9 (applications for planning permission, references 02/00824/DET, 02/00826 DET and 02/00827/DET) and took no part in the discussion thereof.
2. MINUTES
The Committee approved the following Minutes:
(a) Meeting of the Area Committee held on 5 June 2002;
(b) Meeting of the Soroba Area Development Group held on 9 May 2002; (c) Planning site inspection meeting held on 5 June 2002;
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(d) Meeting with Royal Mail held on 5 June 2002; and
In terms of the note of the meeting of Oban Airport Member / Officer Working Group held on 21 June 2002, the Chairman advised that this would be submitted to the next meeting of the Working Group to be held later in the day.
3. PUBLIC CHARITABLE TRUST FUNDS
The Committee considered report by the Head of Legal Services in regard to the current position in respect of proposals for the reorganisation of trust funds whose purposes require funds to be applied within the Oban, Lorn & the Isles area.
Decision:
Agreed that a further report be submitted to a future meeting listing the appropriate trust funds, with recommendations for addressing the issue of the reorganisation thereof.
(Ref: Report by the Head of Legal Services, submitted)
4. BETTER NEIGHBOURHOOD SERVICES FUND
The Committee considered extract from the minute of the meeting of the Strategic Policy Committee held on 30 May 2002 in regard to the Better Neighbourhood Services Fund, and noted that the Local Outcome Agreement for the Atlantic Islands pathfinder has been approved by ministers.
(Ref: Extract from minute of the meeting of the Strategic Policy Committee held on 30 May 2002, and report by Head of Corporate Policy, submitted)
5. POSSIBLE BYE-LAWS FOR LOCH AWE
The Committee considered report by the Head of Legal Services in regard to the current position in respect of possible bye-laws for Loch Awe.
Decision:
Agreed not to proceed further, at present, with the promotion of bye-laws for Loch Awe.
(Ref: Report by Chief Solicitor, submitted)
6. WASTE WATER OUTFALL, OBAN
The Committee were given a verbal report by Mr Martin Dunn, Scottish Water, in regard to the current situation in respect of waste water outfall in Oban. Several questions having been put and answered, it was agreed that Mr Dunn would provide to the members of the Committee details of the costs incurred in addressing the pumping station flooding problem.
7. STRATHCLYDE POLICE – REMOVAL OF ABANDONED VEHICLES
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Inspector Ciorstan Shearer advised the Committee of the approach adopted by Strathclyde Police to the removal of abandoned vehicles.
8. 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)
9. 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. 02/00224/DET Mrs J Turnbull - Detailed application - Erection of a dwelling house - Land at rear of Raniven, Strathaven Terrace, Breadalbane Street, Oban. Agreed that consideration of this application be continued to a future meeting to allow time for the roads issues to be addressed.
2. 02/00653/DET Argyll Properties - Detailed application - Erection of four residential flats - Land at Eas Brae, Tobermory, Isle of Mull. Members were advised that a further letter of representation had been received. It was agreed that consideration of this application be continued to allow an informal hearing to be held on 25 July 2002 in Aros Hall, Tobermory.
3. 02/00800/DET Mr A.Macleod – Detailed application – Erection of two restaurants, public toilets and harbour master’s office – North Pier, Oban. Members were advised that 2 further letters of representation, including a letter dated 1 July 2002 from the Oban Community Council, had been received. It was also reported that a further letter had been received from the Architectural Heritage Society of Scotland amplifying their initial concerns.
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Having regard to the concerns raised in the aforesaid letter from the Community Council, the Chairman sought clarification from Mr Macintyre, Chairman of the Community Council, who was present in the public gallery, as to whether, having seen the report by the Head of Development & Building Control, and having heard the Development Control Manager, these concerns had been satisfactorily addressed and that the Community Council were no longer opposed to the proposal.
Decision: Agreed that the application be approved, subject to the conditions set out in the supplementary report no.1 dated 25 June 2002 by the Head of Development & Building Control. It was further agreed that conditions be incorporated into the lease to the effect that (i) delivery vehicles will only stop on the west (seaward) side of the building and that all deliveries will be through doors on that side of the building; (ii) there be no reduction in the current provision of public seating; (iii) the public at no time be excluded from walking freely around the North Pier; and (iv) a car parking space be set aside for use of the Piermaster. It was further agreed that there would be no requirement for the application to be notified to the First Minister.
4. 02/00818/LIB Mr A Macleod - Listed building consent - Partial demolition – North Pier, Oban. Granted, subject to the conditions set out in the Supplementary report no.1 dated 25 June 2002 by the Head of Development & Building Control.
Prior to consideration of the following three applications Councillor Duncan MacIntyre, having earlier declared an interest therein, left the meeting and took no part in the discussion thereof.
5. 02/00824/DET Atlantis Leisure – Detailed application - Proposed skateboard park with associated floodlighting - Land to front (existing tennis courts) of Atlantis Leisure Centre, Dalriach Road, Oban. It was agreed that consideration of this application be continued to allow an informal hearing to be held on 31 July 2002 in the Corran Halls, Oban.
6. 02/00826/DET Atlantis Leisure - Detailed application - Proposed all weather pitch with associated floodlighting - Land to rear of Atlantis Leisure Centre, Dalriach Road, Oban. It was agreed that consideration of this application be continued to allow an informal hearing to be held on 31 July 2002 in the Corran Halls, Oban.
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7. 02/00827/DET Atlantis Leisure - Detailed application - Proposed all weather pitch with associated floodlighting - Land to front (existing tennis courts) of Atlantis Leisure Centre, Dalriach Road, Oban. It was agreed that consideration of this application be continued to allow an informal hearing to be held on 31 July 2002 in the Corran Halls, Oban.
10. LOCAL SPENDING ON IMPROVED WASTE MANAGEMENT SERVICES – EUROPEAN FUNDING
The Committee considered report by the Head of Amenity Services in regard to the proposed expenditure of £29,610 over each of the next three financial years, released through success in attracting European Transitional Funding to support the Council’s Waste Management Public Private Partnership.
Decision:
Agreed:-
(a) to approve the expenditure as follows:
Item 2002/03
Major improvements to the street sweeping in the Oban area. £ 15,000
Community collections for bulk waste on Mull & Iona. £ 6,000
Total £ 21,000
and (b) that a further report be presented to the next meeting in regard to (i) proposed allocation of the remaining £8,610 in 2002/03, £29,610 in 2003/04 and 29,610 in 2004/05; and (ii) costings of the proposed projects, implementation dates and any proposed scale of charges to be imposed.
(Ref: Report by the Head of Amenity Services, submitted)
11. JOINT WORKING ON LISMORE
The Area Amenity Services Manager advised the Committee of progress towards the provision of a joint service delivery arrangement on the Isle of Lismore.
Decision:
Agreed that a joint report by the Head of Amenity Services and the Area Transportation Manager be submitted to the next meeting in regard to proposals to deliver joint working and the costs thereof.
12. 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.
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(Ref: Report dated 24 June 2002 by the Development Manager, Corran Halls submitted)
13. 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
Mull Theatre Core grant funding £ 219,000 Grant of £ 2,000 subject to the provision of audited accounts.
Mull Theatre Touring work £ 219,000 Grant of £ 500
An Tobar Arts programme £ 100,000 Grant of £ 2,000
Total £ 4,500
(Ref: Report by the Development Manager, Corran Halls submitted)
14. BUNESSAN PIER, ISLE OF MULL
The Committee considered report by the Acting Head of Design Services advising on the progress of various matters in regard to improvement and remedial works at Bunessan Pier, Isle of Mull.
Decision:
Agreed that a further report be presented to the next meeting detailing levels of income and measures taken to ensure the collection of dues in respect of all piers in the Oban, Lorn & the Isles area.
(Ref: Report dated 24 June 2002 by the Principal Engineer, submitted).
15. PROPOSALS FOR TENDERING CLYDE AND HEBRIDES LIFELINE FERRY SERVICES
The Committee considered, and noted, report by the Head of Transportation in regard to draft Scottish Executive proposals for delivering their Clyde and Hebrides Lifeline Ferry Services, and informing of the proposed means of consultation with the community to inform the Council’s response to the Executive.
16. PUBLIC QUESTION TIME
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Mr N.MacKay, Expressed concern that the Corran Halls box office is Oban Community Council closed for business on a Tuesday afternoon for staff training. It was agreed that the Service be instructed to introduce alternative arrangements for the provision of staff training so as to minimise disruption to public access to the box office.
Mr N.Mackay, Requested clarification in regard to advice he had Oban Community Council received from the warden of Lynn Court that in spite of the Government’s commitment to free personal care for the elderly, such elderly persons are being charged a supplement of £3 for medication in easy bubble wrap type dispensers. It was agreed that the Area Service Manager, Social Work, investigate the matter and prepare a report for the next 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 4, 9 and 13 of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.
17. DISPOSAL OF GROUND – GLENVIEW, DALMALLY
The Committee considered report dated 14 April 2002 by the Director of Corporate & Legal Services in regard to the potential disposal of 24 square metres, or thereby, of ground to the rear of 33-36 Glenview, Dalmally.
Decision:
It was agreed to authorise the Director of Corporate & Legal Services to conclude a disposal in respect of the Council’s interest in the area of land referred to in the report.
(Ref: Report dated 14 April 2002 by the Director of Corporate & Legal Services, submitted.)
18. GANAVAN
The Chairman advised of concerns from the public in regard to unauthorised building works and alleged breaches of planning permission at Ganavan.
Decision:
Agreed to instruct the Head of Legal Services to raise an interim interdict against the proprietor to prevent further unauthorised works being carried out, pending appropriate permissions being sought and granted.
19. CORRAN HALLS, OBAN - CONTRACTUAL ARRANGEMENTS
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The Committee considered report by the Head of Economic Development, Tourism and Leisure in regard to building development works at the Corran Halls, Oban.
Decision:
Agreed that a further report be presented to the next meeting detailing (a) works to be carried out by the contractor; (b) works to be carried out by Development & Environment Services, including costings and timescales; and (c) works in dispute.
(Ref: Report by the Head of Economic Development, Tourism & Leisure, submitted.)
20. OBAN DEVELOPMENT ROAD
The Committee considered report by the Head of Transportation in regard to the proposed Oban Development Road.
Decision:
It was agreed:-
(a) to note the contents of the Consultant’s report;
(b) to continue to promote the need for this project; and
(c) that a further report be presented to a future meeting in regard to proposals for additional feasibility work.
(Ref: Report dated 24 June 2002 by the Head of Transportation, submitted.)
21. APPLICATION FOR FINANCIAL ASSISTANCE UNDER SECTION 12 OF THE SOCIAL WORK (SCOTLAND) ACT 1968
The Committee considered joint report dated 14 June 2002 by the Director of Housing & Social Work and the Head of Legal Services in regard to an application for financial assistance from an individual under Section 12 of the Social Work (Scotland) Act 1968.
Decision:
Agreed to refuse grant aid from the allocation of funds available to the Committee under the Social Welfare Grants Scheme, and that the matter be referred to the Strategic Policy Committee for consideration.
(Ref: Joint report dated 14 June 2002 by the Director of Housing & Social Work and the Head of Legal Services, submitted)
22. PROPOSED SERVING OF ORDER IN TERMS OF SECTION 10 OF THE BUILDING (SCOTLAND) ACT 1959/70
The committee considered report dated 25 June 2002 by the Director of Development & Environment Services in regard to unauthorised building operations and seeking authorisation to make and serve an Order in terms of Section 10 of the Building (Scotland) Act 1959/70 against the proprietors of the subjects.
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Decision:
Agreed to authorise the Head of Development & Building Control to make and serve the Order under Section 10 of the Building (Scotland) Act 1959/70 against the current proprietors of the subjects.
23. ENFORCEMENT ACTION
The Committee considered issues of enforcement action as follows:
Reference Decision
02/00042/ENF Noted.
02/00079/ENF Agreed the terms of the report.
05/90/0089/ENF Agreed the terms of the report.
05/90/0090/ENF Agreed the terms of the report.
02/00059/ENF Agreed:
(a) that no enforcement action be taken with respect to the landscaping works, drainage pipe or septic tank re-positioning; (b) that no enforcement action be taken with respect to the change in water supply arrangements from a private to public supply and that a further report be provided on the need for planning permission or otherwise for the route and installation of the water pipe; and (c) that Members endorse the view that the non- material changes referred to above should be regularised through an application for non- material amendments.
9 Page 60 Page 61 Agenda Item 4h MINUTES of MEETING of MID ARGYLL KINTYRE & ISLAY AREA COMMITTEE held in theCOUNCIL CHAMBERS, KILMORY on WEDNESDAY 03 JULY 2002
Present: Councillor Donnie MacMillan (Chair)
Councillor Alison Hay Councillor John Findlay Councillor Alastair McKinlay Councillor Robin Currie Councillor Dugie McKinnon Councillor Donald Kelly Councillor Bruce Robertson
Attending: Deirdre Forsyth, Area Corporate Services Manager Richard Kerr, Senior Planning Officer Ian Fawcett, Area Amenity Services Manager Angus Smith, Area Social Work Manager Felicity Kelly, Community Education Donnie McLeod, Area Manager, Transportation & Property Services Willie Young, Principal Leisure Officer Hugh Blake, Estates Surveyor Andy Ewan, Principal Library & Information Services Officer Bruce Campbell, Senior Environmental Health Officer Inspector David Sutherland, Strathclyde Police Chief Inspector Harry Miller Joy Stewart, Women’s Aid Pamela McDonald, Women’s Aid Jackie Fulton, Homestart Kintyre
1. URGENT ITEM
The Chairman decided in terms of Section 50B (4) (b) of the Local Government (Scotland) Act 1973, and the Committee agreed in terms of Standing Orders that item 16 which was not specified in the agenda should be considered as a matter of urgency because of the short period for consultation with the public.
2. APOLOGIES
Apologies were received from Councillor Alastair Blair.
3. DECLARATIONS OF INTEREST
Councillor McKinnon declared an interest in Planning Application 02/00604/LOU, took no part in the proceedings relating to that item and left the room.
Councillor Currie declared a non pecuniary interest in item 18.
4. MINUTES OF MEETINGS OF 5 AND 24 JUNE 2002
The Committee agreed the minutes of their meetings of 5 and 24 June 2002.
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5. PRESENTATIONS
Presentations were made by
(a) Inspector Sutherland on Traffic Statistics
(b) Chief Inspector Miller, Joy Stewart and Pamela McDonald on Women’s Aid and
(c) Jackie Fulton on the expansion of Homestart into Mid Argyll and Islay.
These were all informative and helpful to the work of the Committee.
EDUCATION
6. Drumlemble Primary School
Councillor Kelly expressed the Area Committee’s congratulations to Drumlemble Primary School on reaching the finals of the Scottish Youth One-Act Play Festival. He was also concerned that this and other small schools still had the closure axe hanging over them. He pointed out that it was clear from their achievement that Drumlemble Primary School pupils were not socially disadvantaged.
It was agreed that a letter would be sent on behalf of the Area Committee congratulating the school on their achievement.
DEVELOPMENT AND ENVIRONMENT SERVICES
7. Planning Application Reports
The Committee considered and dealt with applications for planning as detailed in the list attached to the minute. (Appendix 1).
8. Delegated Decisions
The Committee noted decisions issued by the Director of Development and Environment Services dated 3 July 2002.
9. Local Spending on Improved Waste Management Services - European Funding
The report suggesting 3 projects and asking for further ideas was discussed.
Decision
To agree the 3 projects in the report and that a further report would be submitted to the next meeting updating the figures and including the projects agreed for Gigha, Campbeltown Waste Watchers and mainland rural areas.
10. People's Network - Lochgilphead Library Learning Centre and Tarbert Library Learning Access Point
The Principal Librarian reported that as part of the roll out of the people’s Network, PC’s will be installed in Lochgilphead and Tarbert. Page 63
Decision
The Committee agreed the report and requested that they be kept informed about the launch arrangements.
GRANTS
11. Leisure Development
A report was submitted by Director of Development and Environment Services dated 3 July 2002 describing applications which had been received for grants. The sum remaining for distribution amounted to £2,097.
Decision
The following grants were agreed on the normal terms and conditions.
ORGANISATION PROJECT GRANT COST Lochgilphead Millennium Group £7,500 £500 Mid Argyll Dance Group £1,970 Guaranteed to support to £500 Mull Theatre £219,000 £500 Campbeltown Activity Group £4,908 £597 Stephanie Peach £500 nil Louise Evans £250 nil Rhona Barr £420 nil Hazel Barr £420 nil Iain K W Hill £420 nil Alasdair Hill £420 Nil £235,808 £2,097 TOTALS
12. Social Welfare
A report was submitted by Director of Housing and Social Work Services dated 3 July 2002 describing applications which has been received for grants.
Decision
The following grants were agreed on the normal terms and conditions.
ORGANISATION PROJECT GRANT COST Mid Argyll Friends of A.R.M.S. £5,730 £2,180
TOTAL £5,730 2,180
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Islay and Jura Advice Centre
As agreed at the last meeting a report on the Advice Centre was circulated.
Decision
Angus Smith was asked to continue to look for funding opportunities to support the Islay and Jura Advice Centre.
13. Education Development
A report was submitted by Director of Education dated 3 July 2002 describing applications which had been received fro grants.
Decision
The following grants were agreed on the normal terms and conditions.
ORGANISATION PROJECT GRANT COST Maggie Donaldson £600 £150 Kathleen Redman £600 £150 Maureen Macintosh £600 £150 Homestart £1,151 £350
TOTAL £19,151 £800
TRANSPORATION AND PROPERTY SERVICES
14. Jura Ferry
The report detailed the work carried out so far and was noted. The Area Committee will receive regular reports on the position in regard to the Jura Ferry and its replacement.
15. Integrated Transport Islay and Jura
The note of the meeting held with Loganair on 25 June 2002 to discuss bus and ferry links to the evening plane from Glasgow to Islay was approved.
Decision
1. To approach the Health Trusts to advise them of the difficulties in providing a bus link from the evening flight to the Jura ferry and the subsequent effect this will have on patients.
2. To continue to investigate options to allow the bus service to link the air service to the ferry.
16. Proposals for Tendering Clyde & Hebridies Lifelong Ferry Services
The report detailing the Scottish Executive’s consultation paper on Ferry Services was Page 65
circulated to the meeting with details of the timetable for consultation.
Decision
1. The “Mid Argyll” meeting would be held in Tarbert, on 19 August 2002 in the Village Hall, Tarbert
2. Local meetings on Islay, Jura, Colonsay and Gigha would be supported by Area staff, to allow communities to be consulted prior to the meeting in Tarbert on 19 August 2002 and the Area Committee on 4 September 2002.
CORPORATE AND LEGAL SERVICES
17. Street Naming - Lochgilphead and Cairnbaan
Reports were circulated relating to requests for street names and numbers for Baddens Phase IV, Whitegates Phase II and Cairnbaan.
Decision
It was agreed that
1. Baddens Phase IV would be named Meadows Road with the numbering to continue on from the existing houses.
2. Cairnbaan would be named Cairnbaan Lea and numbered as on the plan.
3. Whitegates Phase II – to continue consideration to the next meeting for proposals linking with local history.
EXEMPT SECTION
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 it is likely to involve the disclosure of exempt information as defined in paragraph 9 Schedule 7a to the Local Government (Scotland) Act 1973.
CORPORATE AND LEGAL SERVICES
18. Land at An-Creagan, Port Charlotte, Islay
Councillor Currie declared a non pecuniary interest in the following item
A verbal report from the Estates Officer linking with the letter circulated to the Committee was discussed.
Decision
The Committee agreed to sell the land at market value less a discount of 20% subject to planning permission being obtained and to the approval of the Scottish Ministers.
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19. Lease of Land at Kintyre Park, Campbeltown
The purpose of this report is to advise the Committee of a proposal received from Campbeltown Former Pupils Amateur Football Club who are interested in obtaining a fresh leasehold interest in respect of the Council owned Kintyre Park, Campbeltown, as shown on the attached plan. It is understood the club requires a lease of 25 years duration in order to obtain funding of proposals to undertake various upgrading works to the premises.
Decision
The Committee agreed to the renewal of the lease to Campbeltown Former Pupils Amateur Football Club on the terms and conditions contained in the report.
20. Proposed Sale of Land at Tarbert Carpark, Tarbert
This purpose of the report is to advise the Committee of the provisional terms agreed with the Lomond & Argyll Primary Care NHS Trust for the sale of an area of ground at Tarbert and an associated right of permanent access over the Car Park and to request the Committee’s consent to proceed to conclude matters on the basis of the provisionally agreed terms.
Decision
The Committee agreed to the sale of land at Tarbert Car park to Lomond and Argyll primary Care NHS Trust on the terms and conditions contained in the report and to the granting of a permanent servitude right of access on the route shown on the plan attached to the report.
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Appendix 1
ARGYLL AND BUTE COUNCIL
TOWN AND COUNTRY PLANNING
APPLICATIONS CONSIDERED BY THE MID ARGYLL, KINTYRE & ISLAY AREA COMMITTEE AT THEIR MEETING ON 3 JULY 2002
1. 02/00604/COU Whitesands Estates Ltd. Change of use. Change of use of and alterations to farmhouse to form Hotel (Use Class 7), Ferry Farm, Tayinloan, Tarbert.
Councillor McKinnon declared an interest in this item, took no part in the proceedings and left the room.
Decision
That planning permission be approved subject to the conditions and reasons contained in the report by Director of Development and Environment Services dated 16 June 2002.
2. 02/00744/DET Mr & Mrs J Bevan. Detailed. Erection of dwelling, Barrfadadh Farm, Ardfern, Lochgilphead.
Motion
Councillor Hay, seconded by Councillor Kelly moved that 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, the proposal should be approved as a ‘minor departure’ as it does not undermine the intentions of Policy HO11 or PAN 36 and the siting and design does not give rise to an unacceptable environmental impact.
Amendment
Councillor MacMillan, seconded by Councillor Findlay moved an amendment that the application be refused for the reasons detailed in the report by Director of Development and Environment Services dated 13 June 2002.
Decision
1. Councillor MacMillan, seconded by Councillor Findlay moved an amendment that the application be refused for the reasons detailed in the report by Director of Development and Environment Services dated 13 June 2002.
There voted 3 for the motion and 4 for the amendment.
2. To refuse the application for the reasons detailed in the report by the Director of Development and Environment Services dated 13 June 2002.
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3. 02/00798/OUT Mr Robin Squair. Outline application. Erection of dwellinghouse, installation of septic tank and formation of new access road, Land north west of Woodbank, Southend Road, Kintyre.
Decision
That planning permission be approved 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 17 June 2002.
F:\moderngov\Data\AgendaItemDocs\9\7\7\AI00004779\MAKIminute3JulyAppendix100.doc Page 69 Agenda Item 4i
ARGYLL AND BUTE COUNCIL
MINUTES of MEETING of PUBLIC SERVICE AND LICENSING COMMITTEE held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on THURSDAY, 4 JULY 2002
Present: Councillor Stanley Latimer (Chair)
Councillor Campbell Cameron Councillor Gordon McKinven Councillor John Findlay Councillor Bruce Robertson Councillor Bruce Marshall
Also Present; Councillor Alison Hay Councillor Donald MacMillan (items 1 – 3 only)
Attending: Charles Reppke, Head of Democratic & Community Services Neil McKay, Planning Manager (items 1 – 3 only) Jane Fowler, European Manager (items 1 – 3 only) Sheila MacFadyen, Solicitor (item 5 only)
Apologies: Councillor Alistair MacDougall Councillor Moyra Stewart
The Chairman intimated that Councillor Alison Hay who was not a Member of the Public Service & Licensing Committee had notified him that she wished in terms of Standing Order 22.1 to speak and vote on 2 items of business on the agenda. He confirmed that he would exercise his discretion to allow Councillor Hay to speak and vote on the items of business which are dealt with at items 2 and 3 of this minute.
1. MINUTES
The Minutes of the Public Service and Licensing Committee of 23 May 2002 were approved as a correct record subject to the change of Argyll FM to Oban FM at item 1.
2. DIANE JOAN STEELE AND CAROLINE SUSAN MORRIS: OUTLINE APPLICATION FOR ERECTION OF 2 DWELLINGHOUSES, INSTALLATION OF SEPTIC TANK AND IMPROVEMENT TO PRIVATE ROAD, PLOTS 1 AND 2, LAND NORTH EAST OF CORRANBEG HOUSE, ARDFERN (REF: 02/00657/OUT)
The Mid Argyll, Kintyre & Islay Area Committee had referred the application to the Public Service and Licensing Committee in terms of the Council’s Scheme of Delegations with the recommendation that the application be granted as a minor departure.
Having heard from the Planning Manager in regard to the terms of the late representations received and considered the report submitted.
Page 70
Decision
1. To Grant the application on the basis the land supply for housing in the 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 in consequently a lack of available sites on allocated land. Although the forthcoming Argyll & 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 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 the application as a minor departure from adopted structure plan policy. RR82(D)(J) an adopted local plan policy HO11, given that 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.
2. That the imposition of conditions relating to the application be remitted to the Head of Development and Building Control in Consultation with the Chair and Vice Chair of the Public Services and Licensing Committee and the Local Member.
(Ref: Report by Head of Development & Building Control dated 5 April 2002 and Extract from Mid Argyll, Kintyre & Islay Area Committee of 5 June 2002, submitted).
3. LAKELAND MARINE FARMS LIMITED: PROPOSED FISH FARMING SITE, ARDIFUIR, LOCH CRAIGNISH (REF: 02/004833/MFF)
The Mid Argyll, Kintyre & Islay Area Committee referred the application to the Public Service and Licensing Committee in terms of the Council’s Scheme of Delegations with the recommendation that the application be approved as a minor departure to development plan policy subject to the recommended conditions.
Having heard from the Planning Manager in regard to the terms of the late representations received and considered the report submitted.
Motion
That the officers recommendation be supported.
Moved by Councillor Hay Seconded by Councillor Robertson
Amendment
Notwithstanding the outstanding objection from the Clyde Fisherman’s Association, that no objection be raised to the proposal subject to:- (a) SNH conditions and to the requirement by SEERAD regarding an escape contingency plan; (b) That use of the cages be restricted to white fish only and; (c) That the imposition of any further conditions be remitted to the Head of Development and Building Control in consultation with the Chair and Vice Chair of the Public Services and Licensing Committee and the Local Member.
Moved by Councillor Marshall Seconded by Councillor McKinven
Page 71
Decision
The amendment was carried 5 votes to 2 and the committee resolved accordingly to approve the application as a minor departure for the reasons stated in the recommendation from the Area Committee.
(Ref: Report by Head of Development & Building Control dated 13 March 2002 and Extract from Mid Argyll, Kintyre & Islay Area Committee of 27 May 2002, submitted and reports dated 14 May and 7 June by the Head of Development and Building Control, tabled).
4. T REID: ADVERTISEMENT CONSENT, DISPLAY OF GABLE MURAL ADVERTISEMENT (RETROSPECTIVE), 30 COLQUHOUN SQUARE, HELENSBURGH (REF: 02/00366/ADV)
The Helensburgh & Lomond Area Committee referred the application to the Public Service & Licensing Committee in terms with the Council’s Scheme of Delegations with the recommendation that the application be considered as a minor departure.
Decision
To approve the application as a minor departure for the reasons stated in the recommendation from the Area Committee and subject to the standard conditions.
(Ref: Report by Head of Development & Building Control dated 28 February 2002 and Extract from Helensburgh & Lomond Area Committee of 6 June 2002, submitted).
5. PROTECTION OF CHILDREN AT WORK
In order to comply with the EEC Directive on the protection of young people at work which will regulate the age, type of employment and hours of employment for young persons, the Committee had been requested to approve the draft bye laws which had been prepared by the Scottish Executive.
Decision
To instruct the Head of Democratic and Community Services to make enquiries with the Scottish Executive as to the responses received from other rural authorities and report back to the PSL committee on 14 August 2002.
(Ref: Report by Head of Legal Services dated 4 July 2002, submitted).
6. LICENSING OF STREET TRADERS
The Public Services & Licensing Committee at its meeting on 23 May 2002 had requested a report from the Head of Legal Services on the implications of granting street trading licences where an existing retail outlet is within a radius of 100 metres from the proposed site but where no objection to the application had been raised.
The Committee were advised that in terms of the Council’s standard conditions, it was considered that there was sufficient flexibility to deal with any concerns expressed.
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Decision
Agreed to consult the 3 remaining Area Committees, namely, Bute and Cowal, Helensburgh and Lomond and Mid Argyll, Kintyre and Islay regarding the proposal from Oban, Lorn and the Isles Area Committee with the request that they report back to the Public Service & Licensing Committee on 14 August 2002.
(Ref: Report by Head of Legal Services dated 4 July 2002, submitted).
7. SOLEMNISATION OF CIVIL MARRIAGES AT LOCATIONS OTHER THAN REGISTRATION OFFICES
The Committee had been advised that the Marriage (Scotland) Act 2002, containing legislation permitting the conduct of civil marriages outside registration offices, received Royal Assent in April and had come into effect on 10 June 2002.
Decision
1. To agree that Argyll & Bute will bring into effect the Marriages (Scotland) Act 2002 in the authority’s area permitting civil marriages outwith registration offices.
2. To note the implication of these new developments on the Registration service.
3. To delegate to the Director of Corporate & Legal Services authority to:-
(a) Prepare a scale of fees for licences and charges; and staff payments for civil marriages outwith registration offices, in terms of the Corporate & Legal Services Service Plan, which will incur no additional costs to the Council.
(b) To draw up an appropriate scheme for the licensing of ‘Approved Places’ in terms of the Act.
(c) Review the arrangements made at (a) and (b) within a nine month period and that a further report should be submitted to the Public Service & Licensing Committee at that time.
(Ref: Report by Head of Democratic & Community Services dated 4 July 2002, submitted).
PSL 4JULY
Page 73 Agenda Item 4j
MINUTES of MEETING of BUTE AND COWAL AREA COMMITTEE held in the LOCHGOIL VILLAGE HALL, LOCHGOIL on WEDNESDAY 10 JULY 2002
Present: Councillor J. R. Walsh (Chair)
Councillor Chennell Councillor McQueen Councillor Currie Councillor Marshall Councillor Macintyre Councillor Scoullar Councillor McKinven
Attending: George B. McKenzie, Area Corporate Services Manager Phillip O’ Sullivan, Senior Development Control Officer
1. Apologies for absence
An apology was tendered on behalf of Councillor Strong
2. Declarations of Interest
None
3. Development and Environment Services
(a) Planning Application No 02/00809/DET - Drimsynie House Hotel, Retention of brown Powerwall rendering on South West & Sout elevations and proposed rendering of remaining elevations, Drimsynie House Hotel, Lochgoilhead
Following an informal site inspection the members determined the application.
Motion
The application be refused in terms of the recommendation by the Director of Development and Environment Services.
Proposed by Councillor Walsh, seconded by Councillor McQueen
Amendment
The application be granted in that given the special circumstances it is consistent with Local Plan Policy BE1 and does not affect the character, aesthetic appearance and integrity of the building.
Proposed by Councillor Currie, seconded by Councilor Scoullar
On the matter being put to a vote 4 voted for the amendment and four for the motion. The Chairman then used his second or casting vote in favour of the motion which was declared the decision of the meeting.
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(b) Planning Application No 02/00810/LIB - Drimsynie House Hotel, Retention of brown Powerwall rendering on South West & South elevations and proposed rendering of remaining elevations, Drimsynie House Hotel, Lochgoilhead.
Following an informal site inspection the committee determined the application
Motion
The application be refused in terms of the report by the Director of Development and Environment Services
Proposed by Councillor Walsh, seconded by Councillor McQueen
Amendment
The application be granted as given the special circumstances it is consistent with Local Plan Policy BE! And does not affect the character, aesthetic appearance and integrity of the building.
Proposed by Councillor Currie, seconded by Councillor Scoullar
On the matter being put to a vote four voted for the amendment and four for the motion. The Chairman used his second or casting vote in favour of the motion which was declared the decision of the meeting.
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 it was likely to involve the disclosure of exempt information as defined in Paragraph 13, Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.
(c) Enforcement Action
The Committee agreed that enforcement action be taken in terms of the recommendation by the Director of Development and Environment Services.
Page 75 Agenda Item 4k
ARGYLL AND BUTE COUNCIL
MINUTES of MEETING of the STRATEGIC POLICY COMMITTEE held on 18 JULY 2002, in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD
Present: Councillor Allan Macaskill (Chair)
Councillor Robin Banks Councillor Donnie MacMillan Councillor Ian Gillies Councillor Duncan MacIntyre Councillor Ronald Kinloch Councillor David Webster
Also Present: Councillor Robin Currie Councillor James McQueen Councillor Campbell Cameron Councillor Stanley Latimer Councillor John Findlay Councillor Bruce Robertson Councillor Gordon McKinven Councillor Len Scoullar
Attending: James McLellan, Chief Executive George Harper, Director of Development & Environment Services Stewart McGregor, Director of Finance Charles Reppke, Head of Democratic & Community Services Douglas Hendry, Director of Housing and Social Work Susan Mair, Head of Legal Services Ronnie Gould, Head of Support Services Dave Duthie, Head of Transportation Services Danny Longwill, Head of Personnel Services Inspector David Sutherland, Strathclyde Police
Apologies: Councillor George Freeman Councillor Billy Petrie Councillor Alastair McKinlay Councillor Dick Walsh
1. MINUTES
(a) The minutes of the Policy Development Group on Renewable Energy of 17 June 2002 were noted.
(b) The minutes of the Policy Development Group on Aquaculture of 18 June 2002 were noted.
(c) The minutes of the Strategic Policy Committee of 20 June 2002 were approved as a correct record.
(d) The minutes of the Policy Development Group on Leisure Services Review/Campbeltown Community Project of 27 June 2002 were noted.
2. ISLAND AND 21ST CENTURY GOVERNMENT ISSUES
The Islands and 21st Century Government Spokesperson, Councillor Ian Gillies, submitted a report on the Potential Introduction of Call Centre Facilities, Digital Communities, the Tender/Consultation Document on Lifeline Ferry Services and Air Services, from Oban Airport. He then responded to questions arising therefrom.
1 Page 76
Decision
Noted the terms of the report.
(Ref: Report by Islands and 21st Century Government Issues Spokesperson dated 5 July 2002, submitted).
3. ABSENCE MONITORING FIGURES APRIL 2001 TO MARCH 2002
The levels of absence for the Council workforce for the period from April 2001 to March 2002 had been outlined and where appropriate, comparisons with the previous financial year had been made.
Decision
1. Noted the figures as outlined in appendices 1, 2, and 3 of the report.
2. That absence monitoring in accordance with the Managing Attendance Policy and Stress Reduction Policy continue to be undertaken.
(Ref: Report by Head of Personnel Services dated 4 July 2002, submitted).
4. SCOTTISH EXECUTIVE CONSULTATION: ENFORCEMENT OF CIVIL OBLIGATIONS IN SCOTLAND AND DEBT ARRANGEMENT AND ATTACHMENT (SCOTLAND) BILL
The Committee considered a draft response to the Scottish Executive Consultations on Enforcement of Civil Obligations in Scotland and the Arrangement and Attachment (Scotland) Bill which summarised the practical implications of the proposals for Argyll & Bute Council.
Decision
1. Endorsed the response to the Scottish Executive Justice Department on the Consultation Document: Enforcement of Civil Obligations in Scotland.
2. Endorsed the response to the Social Justice Committee of the Scottish Parliament on the Debt Arrangement and Attachment (Scotland) Bill.
(Ref: Joint Report by Directors of Finance and Corporate & Legal Services dated 1 July 2002, submitted).
5. REALLOCATION OF SCOTTISH BUDGET RESOURCES
The Scottish Executive had announced their proposals for the redeployment of resources within the Scottish Budget for this year, including the allocation of an additional £95m. to local authorities for supporting children and young people and improving the local environment. Argyll and Bute’s share of the allocation was £1.8m.
The re-profiling is subject to the Council responding to the Scottish Executive by 24 July 2002 accepting the allocation and ensuring that the spending proposals fit within the broad themes set by Ministers for these funds. The Committee considered the proposals as detailed in the tabled report by the Director of Finance.
2 Page 77
Decision
Agreed the package as follows:-
1. (A) Education
(i) Buses – to LPG £267,000 (ii) Footpaths – safer routes to 89,000 £356,000 school (B) Social Work
S.I.P’s Schemes 60,000
(Ć) D.E.S.
(i) Library Books 60,000 (ii) Scarifying Equipment 24,000 (iii) All Weather Playing Fields 100,000 184,000
(D) Roads 1,200,000 £1,800,000
2. That the Roads Budget be allocated on the existing formula to Area Committees who would then prioritise their funding for road resurfacing works within their area from schemes submitted to them by the Director of Transportation and Property.
3. In regard to the other heads of expenditure proposed that Directors report back to the next Strategic Policy Committee on a proposed programme of expenditure with the exception of A(i), B and C(i) which proceed immediately on the basis of a programme to be identified by the relevant Director in consultation with the appropriate spokesperson
(Ref: Letter from Scottish Executive dated 26 June 2002, submitted and report by Director of Finance dated 17 July 202, tabled.)
6. FUTURE WORK OF THE RENEWABLE ENERGY POLICY DEVELOPMENT GROUP
The Committee considered a recommendation by the Policy Development Group on Renewable Energy with regard to remitting to the Director of Development & Environment Services to progress, with key local partners on an Argyll Energy Initiative and report back to the Policy Development Group.
Decision
Agreed to remit to the Director of Development & Environment Services to progress, with key local partners, on an Argyll Energy Initiative and report back to the Policy Development Group.
(Ref: Extract Minute of Policy Development Group on Renewable Energy 17 June 2002).
3 Page 78
7. LANDFILL TAX APPLICATIONS TO EB SCOTLAND: SECOND TRANCHE OF APPLICATIONS
Previously the Strategic Policy Committee agreed to forward any Landfill Tax Rebate generated to the Environmental Body EB Scotland. The Committee gave each Area Committee the opportunity to comment on the Landfill Tax Applications received by EB Scotland. Recommendations for confirming or amending the ranking preference of the second tranche of applications were considered from each of the Area Committees.
Decision
Agreed the priority order as detailed below:
Ranking Applicant
1. Argyll & Bute Trust 2. Recycle Jura & Islay Recycle Groups (ReJIG) 3 Ecobiz – Dunbeag Community Composting Scheme, Tignabruaich 4. Lochgoil Community Council 5. Campbeltown Waste Watchers Limited 6. Minard Community Woodland Trust 7. Mid Argyll Community Enterprise Limited – Mid Argyll Swimming Pool 8. Argyll & Bute Preservation Trust 9. Lochgilphead Parish Church 10. Ecobiz
(Ref: Report by Director of Development & Environment Services dated 5 June 2002 and recommendations from the 4 Area Committees, submitted).
8. STANDARD DOMESTIC AND FRIDGE/FREEZER UPLIFT CHARGES
The Committee considered a report which addressed an issue raised by a notice of motion by the Helensburgh & Lomond Area Committee of 6 June 2002 regarding charges for fridge and freezer uplifts, the standard domestic uplift charge and in particular affordability for those families on low income.
Decision
1. To note the budgetary impact in this financial year does not, at this stage, require any staff reductions to pay for the cost of collection and disposal.
2. To agree to reduce the costs of domestic fridge and freezer uplift from £50 to the standard domestic charge of £24.21.
3. To instruct the Director of Development & Environment Services to explore a concessionary scheme for those on income support and report back on the potential introduction with full budgetary implications at the start of the 2003/2004 financial year.
(Ref: Report by Director of Development & Environment Services dated 18 July 2002 and recommendation from Helensburgh & Lomond Area Committee of 6 June 2002, submitted).
4 Page 79
9. FLEET MANAGEMENT – REVENUE BUDGET
The outcome of the review of the revenue budget of Fleet Management advised that up to the sum of £198,000 was available to meet the ongoing premium from leases drawn down in 2002/2003. This sum permits leases to be arranged for vehicles with a value of £1,200,000.
Decision
1. Approved the revised budget for Fleet Management as outlined in paragraph 3.3 in the submitted report.
2. Agreed to enter into leases for vehicles estimated to cost £1.2m and with an estimated annual premium of £198,000.
3. Agreed to lease the vehicles listed in appendix 2 of the submitted report during 2002/2003 subject to any adjustments for unforeseen circumstances.
4. Agreed to implement a policy whereby proceeds from sale of old vehicles are ringfenced to supplement the capital programme allocation for replacement of vehicles.
5. Noted a possible one-off saving of £145,000 depending upon timing of draw down.
(Ref: Report by Director of Finance dated 17 May 2002, submitted).
10. TRANSPORT ISSUES
The Transportation Spokesperson, Councillor Duncan MacIntyre, submitted a report detailing issues such as Oban Airport, Jura Ferry, Ballycastle Ferry and Local Bus Services. He then responded to questions arising therefrom.
Decision
Noted the contents of the report and that a report on Oban Airport would be submitted to the next Strategic Policy Committee.
(Ref: Report by Transport Spokesperson dated 18 July 2002, submitted).
11. ROAD ACCIDENTS IN ARGYLL AND BUTE – JANUARY TO APRIL 2002
The Committee considered information regarding Road Accident figures within the Council’s area for the first four months of the year 2002 which compared with accidents in 2000 and 2001 with the Government’s overall targets for accident reduction by 2010. The committee also heard from Inspector David Sutherland with regard to fatal road accidents within Argyll & Bute Area.
Decision
Noted the content of the report and that joint efforts by the Council and Strathclyde Police continue to be made in an effort to reduce the number of accidents on roads in Argyll & Bute, in accordance with the Council’s core objective to provide a safe environment.
(Ref: Report by Director of Transportation & Property Services dated 10 July 2002, submitted).
5 Page 80
12. PUBLIC TRANSPORT FUND BIDS
Agreement was sought for the Council to work in partnership with HITRANS and Loch Lomond and the Trossachs National Park on two joint applications to the Public Transport Fund for partnership projects.
Decision
Agreed to authorise:-
1. Participation of the Council in the HITRANS Bid to the Public Transport Fund for 2003/2004.
2. Joint working by the Council with other Authorities in the Loch Lomond and the Trossachs National Park Area to identify one possible partnership bid to the Public Transport Fund which will enhance public transport facilities within the Argyll & Bute Area within the Park.
3. To instruct the Director of Transportation & Property Services to report back to the Strategic Policy Committee in due course on the detail of the Park Authority application for a decision as to whether to proceed as partners for the bid.
(Ref: Report by Director of Transportation & Property Services dated 11 July 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 3 items of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraph 8; 12 and 4 respectively of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.
13. FLOOD PREVENTION SCHEMES AT MILTON BURN/KILBRIDE ROAD, DUNOON: APPOINTMENT OF CONSULTANTS
The Committee considered a report on progress on the Milton Burn and Kilbride Road, Dunoon flood prevention schemes and approval was sought for acceptance of a tender for the watercourse modelling and cost benefit works.
Decision
Approved acceptance of the lowest tender as detailed in the report submitted.
(Ref: Report by Director of Transportation & Property Services dated 8 July 2002, submitted).
14. REQUEST TO ENGAGE PLANNING CONSULTANTS
Previously the Council resolved to grant planning permission for a windfarm development at An Suidhe, near Inveraray. The application was notifiable and was subsequently called in by Scottish Ministers who resolved that a Public Local Inquiry be held at the end of October 2002. Approval was sought to appoint outside Consultants to speak in support of the Council’s case as referred to in the report.
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Decision
Agreed to refuse the appointment of Consultants and to note that the Director of Development & Environment Services would provide a professional planning witness to outline policy to the enquiry
(Ref: Report by Director of Corporate & Legal Services dated 4 July 2002, submitted)
15. SECTION 12 APPLICATION
The Committee considered a recommendation by the Oban, Lorn & The Isles Area Committee with regard to an application for financial assistance from an individual under Section 12 of the Social Work (Scotland) Act 1968.
Decision
After taking into consideration the needs of the individual, the Committee agreed to refuse the request for needs based reasons having assessed the needs of the individual against the needs of others dependent on the Council.
(Ref: Joint Report by Directors of Corporate and Legal Services and Housing and Social Work dated 14June 2002 and Recommendation from Oban, Lorn & The Isles Area Committee of 3 July 2002, submitted)
Strat pol 18 july
7 Page 82 Page 83 Agenda Item 4l
ARGYLL AND BUTE COUNCIL
MINUTES of MEETING of AUDIT COMMITTEE held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on FRIDAY 26 JULY 2002
Present: Councillor John Stirling (In the Chair)
Councillor Alistair MacDougall Mr Graham Michie Councillor Robert Macintyre
Attending: Stewart McGregor, Director of Finance Charles Reppke, Head of Democratic & Community Services Ian Nisbet, Audit Manager Steve Clark, KPMG Asif Haseeb, Senior Audit Manager, Audit Scotland
Apologies: Councillor Gordon McKinven Mr Vincent Bradbury Councillor James McQueen
1. MINUTES
The Committee approved the minutes of the Audit Committee of 24 May 2002 as a correct record.
2. VACANCY ON THE AUDIT COMMITTEE
At it’s meeting on 27 June 2002, the Council agreed that Councillor Scoullar be replaced by Councillor Macintyre on the Audit Committee with effect from 26 July 2002.
Decision
To note the report.
(Ref: Report by Director of Corporate & Legal Services dated 27 June 2002, submitted).
3. PROGRESS REPORT ON INTERNAL AUDIT PLAN 2002-2003
The progress on the audit work performed by Internal Audit during the first quarter of 2002-03 was reported on by the Internal Audit Manager.
Decision
To note the progress made with the Annual Audit Plan for 2002-03.
(Ref: Report by Internal Audit Manager dated 26 July 2002, submitted)
1 Page 84
4. PROGRESS REPORT ON EXTERNAL AUDIT REPORTS
The Internal Audit Manager outlined the progress made by management in the implementation of recommendations made by PricewaterhouseCoopers, the Council’s former external auditors.
Decision
1. To note the contents of the Internal Audit Manager’s Report dated 26 July 2002.
2. To note with concern the outstanding issues highlighted in the schedules and to request the appropriate officials to bring a detailed report on the reasons for non- compliance, if the issues remain unresolved as at the date of the next meeting.
(Ref: Report by Internal Audit Manager dated 26 July 2002, submitted).
5. 2001/2002 ANNUAL ACCOUNTS (UNAUDITED) * The Director of Finance intimated that the unaudited Annual Accounts had been lodged with the Controller of Audit by 30 June 2002 as required by statute.
Decision
1. To note the submission of the unaudited accounts within the statutory timescale.
2. To note the very small accumulated surplus and to highlight to the Council the need to increase this in their approach to the budget process for future years.
3. That the Education Finance Team be invited to give a presentation to the next meeting of the Audit Committee.
(Ref: Report by Director of Finance dated 17 June 2002, submitted)
6. 2001-2002 ANNUAL REPORT * The Internal Audit Manager provided Members with information on audits performed by internal Audit during 2001-2002.
Decision
1. To note the terms of the report.
2. To recommend to the Council that it note the satisfactory performance of Internal Audit for 2001/2002.
(Ref: Report by Internal Audit Manager dated 26 July 2002, submitted).
2 Page 85
7. APPROACH TO BENCHMARKING
The Head of Accounting submitted a report outlining the approach to Benchmarking by internal audit which had been requested at the last meeting of the Audit Committee.
Decision
To note the terms of the report.
(Ref: Report by Head of Accounting dated 2 July 2002, submitted).
8. IMPROVING PERCENTAGE DIRECT AUDIT TIME
At its meeting on 24 May 2002, the Audit Committee had requested that Internal Audit along with KPMG identify steps to improve the target of 67% which is the present percentage of direct audit time. Steve Clark outlined the response to this request.
Decision
Agreed to note the terms of the report.
(Ref: Report by KPMG dated 25 June 2002, submitted).
Audit comm. 26 july
3 Page 86 Page 87 Agenda Item 4m
MINUTES of MEETING of BUTE AND COWAL AREA COMMITTEE held in EAGLESHAM HOUSE, MOUNTPLEASANT ROAD, ROTHESAY, ISLE OF BUTE on TUESDAY 06 AUGUST 2002
Present: Councillor J. R. Walsh (Chair)
Councillor Chennell Councillor Marshall Councillor Currie Councillor Scoullar Councillor McKinven Councillor Strong Councillor McQueen
Attending: George B. McKenzie, Area Corporate Services Manager Sandra McGlynn, Committee Services Officer Moira Logan, Senior Solicitor Lorna Whyte, Asst. Leisure Services Manager Alan Lothian, Area Manager, Transportation Terry Markwick, Area Amenity Services Manager Phillip O’Sullivan, Senior Development Control Officer Charlie McFadyen, Senior Building Control Officer
Inspector D. Sutherland, Strathclyde Police
Mr A. Wilkes, 18 McCall Terrace, Dunoon – Appellant
Mr M. McLean, 35 Argyll Street, Dunoon – Taxi Licence Applicant
1. Apologies for absence
An apology for absence was tendered on behalf of Councillor Macintyre
2. Declarations of Interest
None
3. Presentation from Strathclyde Police on Traffic Accident Statistics in Bute and Cowal
The Chairman welcomed Inspector Sutherland from Strathclyde Police Traffic Division to the meeting and invited him to speak about traffic accidents in Bute and Cowal. Inspector Sutherland said he would give the Committee a comparison between 2001 and 2002 concentrating on the months January to June.
Page 88
He advised the Committee of the following crash statistics:-
2001 2002
Total number of vehicle crashes 98 93 Deaths caused by crash 1 Serious injuries 3 6 Slight injuries 23 20 No injuries sustained 72 66
Figures for Bute alone
Death caused by vehicle crash 1 Slight injuries 7 4 No injuries sustained 22 17
He said that despite the one road death in 2002 generally road accident figures were gradually decreasing and Strathclyde Police were working towards the Government’s accident reduction target for 2010. In Argyll and Bute his department was pursuing a campaign based on Education, Engineering, Encouragement and Enforcement and in the next month this campaign will concentrate on child casualty prevention. The Police also had concern about the irresponsible motor bikers who were speeding on the Argyll and Bute roads and measures such as unmarked video bikes were now being used to identify offenders. He also told the members that all his traffic officers were now trained in impairment test techniques used where drivers are suspected of driving whilst under the influence of drugs. There then followed a series of questions from the members of the Committee. The Chairman thanked Inspector Sutherland for attending and giving his briefing on this matter and the Inspector agreed to return to the Committee at a later date to give an updated picture of the road accident statistics.
4. Minutes
(a) Minute of Area Committee of 2nd July 2002
The Area Committee approved as a correct record the minute of the meeting of 2nd July 2002
(b) Minute of Area Committee of 10th July 2002
The minute of the meeting of 10th July 2002 was approved as a true record, subject to the amendment of BE! on Page 10, line 19 to read BE1.
Page 89
5. Corporate & Legal Services
(a) Street Traders Licences - Recommendation from PSL Committee
The Area Committee considered a report from the Public Services and Licensing Committee concerning the implications of granting Street Traders Licenses where an existing retail outlet is within a radius of 100 metres of the proposed site but where no objections to the application have been raised.
Decision
The Area Committee noted the report and recommended that there be no changes to the existing scheme as it had sufficient flexibility to deal with these circumstances.
(Reference; Report by Head of Legal Services – submitted)
(b) Licensing of Taxis - Consider Survey in Bute & Cowal
A report was submitted from the Head of Legal Services concerning a survey of unmet demand for the services of taxis in the Bute and Cowal Area. Concern was expressed by several members of the Committee at the ongoing delays caused by waiting to hear the decisions of another Area Committee.
Decision
The Area Committee agreed that a taxi survey should take place in Bute and Cowal without delay, the costs of the survey to be borne by the taxi operators through an increase in future taxi licence fees in this area.
(Reference; Report by Head of Legal Services dated 28th June 2002 – submitted)
(c) Council Buildings Castle St/High St, Rothesay - Fyne Homes redevelopment proposals
The Committee considered a report advising of a proposal by Fyne Homes to re-develop the empty Council Buildings at High Street/Castle Street, Rothesay but felt the recommendation of a further report to the September meeting would merely delay this matter.
Decision
The Committee agreed:
(i) to note and support the proposals in principle (ii) to dispose of the Council Buildings to Fyne Homes at a nominal sum of £1 subject to implementation of the proposed development.
Page 90
(iii) a detailed report from the Director of Housing and Social Work on the full financial aspects of this project to the Council be submitted to the Strategic Policy Committee at its meeting in Dunoon on 12th September 2002.
(Reference; Report by Director of Corporate and Legal Services dated 25th July 2002 – submitted)
6. Transportation & Property Services
(a) Scottish Executive Additional Funds - Proposed Works
A report was submitted advising the Committee of the proposed works to be funded by the allocation of additional resources from the Scottish Executive.
Decision
The Area Committee noted and agreed the proposals in the appendix to the report.
(Reference; Report by Area Manager, Transportation – submitted)
Gourock - Dunoon Ferry Service - Update
The Area Committee was advised that public meetings concerning the Proposals for Tendering Clyde and Hebrides Lifeline Ferry Services Consultation would be held as follows:
Rothesay – Wednesday 7th August 2002 – 7.15 p.m., Pavilion, Rothesay Dunoon – Tuesday 3rd September 2002 - 7.30 p.m., Queen’s Hall, Dunoon.
The Committee agreed that a formal invitation should be sent to Lewis MacDonald MSP to attend the meeting on 3rd September along with an appropriate representative from the European Commission.
In view of the fact that a report would have to come forward from the meeting on 3rd Sept to the Area Committee, The Committee also agreed that the September Area Committee meeting would be held in Dunoon on Monday 9th September at 10.30 a.m.
Page 91
7. Development & Environment Services
(a) Local Spending on Improved Waste Management Services
The Area Committee considered a report, which had been continued from their last meeting, outlining particular projects funded from European Transitional Funding secured by the Council, which could be implemented locally to the benefit of the public in the area served by this committee. The Area Amenity Services Manager outlined his proposals for the utilisation of this funding and a discussion followed on the purchase of mechanical equipment for street sweeping.
Decision
The Area Committee agreed that the funding available over the next three years in the Bute and Cowal Area should be allocated to the purchase of an appropriate number of mechanical street sweeping equipment.
(Reference; Report by Head of Amenity Services - submitted)
(b) Leisure Development Grants
The Area Committee considered applications for Leisure Development Grants following the release of a further £3000 of unused grant funding.
Decision
Grants were awarded as follows:
Ardentinny Hall Association £ 464.12 Mounstuart Trust £1000 Traditional Music and Song Assoc of Scotland £1000
(Reference; Report by Leisure Development Manager – submitted)
(c) Notification of Planning Appeal - Ferry House, Lenihuline, Rothesay, Isle of Bute
The Area Committee noted the decision of the Scottish Executive Reporter concerning the outcome of a Planning Appeal for Ferry House, Lenihuline, Rothesay.
Page 92
(d) Notification of Planning Appeal - Demolition of Existing Building and Erection of Extension, The Burnside, Tighnabruaich, Argyll
The Area Committee noted a report from the Scottish Executive concerning the outcome of a Planning Appeal for The Burnside, Tighnabruaich.
(e) Planning Application No. 02/01003/DET - Mr & Mrs Stokes, Erection of House and Garage, Plot 25, Hunters Grove, Hunters Quay, Dunoon
Decision
Granted subject to the conditions contained in the report by the Head of Development and Building Control.
(f) Report on Proposed Amendment to Section 75 Agreement Dwellinghouse, Ardachearnbeg, Glendaruel
Decision
Approved in terms of the report by the Head of Development and Building Control
(g) Delegated Decisions
The Area Committee noted delegated Development and Building Control decisions made since their last meeting.
(f) Report on Application for Relaxation of Building Standards (Scotland) Regulations - A Wilkes, Dwelling House at Plot 2 Land North of Lag-Na-Craig, Toward - Hearing
The Chairman welcomed the appellant, Mr Wilkes to the meeting and said that before the Committee could deal with his appeal a preliminary matter concerning his letter of 30th July 2002 to the Area Corporate Services Manager concerning the status of the hearing would have to be addressed. In the short discussion that followed between the Chairman, the appellant, the Senior Building Control Officer and the Senior Solicitor, Mr Wilkes accepted without reservation that the Committee had full powers to determine the matter and on this basis agreed to move to the process of the appeal. All parties also accepted the appeal process which had been circulated to them prior to the Hearing
The Senior Building Control Officer outlined the background of the matter before the Committee and said that although his department had met Mr Wilkes amended proposals and prepared an appropriate Draft Relaxation Order for the house under construction, Mr Wilkes was not prepared to accept the Draft and had exercised his right to a hearing before the Area Committee. He then responded to some technical questions from Mr Wilkes on the aspects of the project which had led to the Draft Relaxation Order Page 93
Mr Wilkes then spoke at length and in great detail about his development and the advice he had secured from various sources on the implementation of certain aspects of the Planning and Building Regulations, particularly those related to disabled access to the property he was constructing. He questioned the rigid application of the 45-metre length of any disabled access, but acknowledged that he had sent in an amended sketch plan which had become the basis of the Draft Relaxation Order now under discussion. He confirmed he no longer wished to accept this Draft Order.
He then responded to several questions from the Senior Building Control Officer on aspects of the design of his property which he had initially accepted but was now rejecting as unacceptable.
The Senior Building Control Officer and Mr Wilkes were asked questions on aspects of the planning and design of the property under discussion and the guidelines laid down by the Building Regulations for disabled access.
The Chairman asked Mr Wilkes if he no longer wished to provide any disabled access to his property. The applicant confirmed that this was the case.
When the members had concluded their questions the Chairman asked both parties to sum up.
The Senior Building Control Officer briefly re-iterated the background to the Draft Relaxation Order prepared after an amendment submitted by Mr Wilkes and again advised the Committee of the requirements of the current Building Standards relating to disabled access to domestic properties. He asked the Committee to confirm the Draft Relaxation Order.
Mr Wilkes then spoke again about the apparent inflexibility that was being applied in this particular case by the Senior Building Control Officer and said that in his opinion, and that of others, there was no need for him to provide the disabled access as specified in the Draft Relaxation Order. He invited the Committee to refuse to confirm the Order.
Having obtained confirmation from both parties that they had had a fair hearing the Chairman invited the Committee to debate and determine the matter.
Decision
In the interest of ensuring consistency of interpretation and achieving the intentions of the Building Regulations, Bute and Cowal Area Committee confirmed and agreed the terms and conditions of the Draft Relaxation Order applying to the dwelling being constructed under Building Warrant B(S)A 01/00107/ERD.
Page 94
8. Civic Government (Scotland) Act 1982 - Taxi Licence - Hearing - Michael McLean, Flat 4, 35 Argyll Street, Dunoon
The Chairman advised the meeting that because of an administrative oversight the objectors to this Hearing had not been notified of the date and time of the Hearing. He apologised to the applicant who had travelled to Rothesay for the hearing and with the applicant’s approval set a fresh date of 19th August at 2.00 p.m. in the Queen’s Hall, Dunoon a re-convened hearing.
Page 95 Agenda Item 4n
ARGYLL AND BUTE COUNCIL
MINUTES of MEETING of the HELENSBURGH AND LOMOND AREA COMMITTEE held in COVE BURGH HALL, COVE on TUESDAY, 6 AUGUST 2002
Present: Councillor Kinloch (Chair)
Councillor Freeman Councillor Stirling Councillor Latimer Councillor Thompson Councillor Morton Councillor Wilson Councillor Stewart
Attending: Lynn Smillie Area Corporate Services Manager Howard Young Senior Development Control Officer Gordon Sutherland Area Amenity Services Manager Jack McAuley Senior Engineer Dan O’Neil Estates Surveyor Susan Mair Head of Legal Services Jim Robb Area Service Manager Joe McGeer Head of Revenue Resource & Secondary Education
Apologies: Councillor Coleshill Councillor Petrie
1. DECLARATIONS OF INTEREST
Councillor Morton declared a private and pecuniary interest in Minute Item 6(b) and took no part in the discussion of this item.
Councillor Kinloch declared a non-pecuniary interest in Minute Item 6(c).
2. APPROVAL OF PREVIOUS MINUTES
Area Committee - 2 July 2002
The Committee approved Minutes of Meeting of 2 July 2002 as a correct record. Page 96
Arising from the Minute the following action was agreed:-
(i) Instruct the Area Amenity Services Manager to circulate Community Safety report by Strathclyde Police regarding the skateboarding facility site at Hermitage Park.
(ii) Request the Director of Corporate & Legal Services to confirm the administrative procedure undertaken from the July 2002 Area Committee regarding the reallocation of Scottish Budget Resources decision and whether or not the Area Committee motion was considered by the Strategic Policy Committee on 18 July 2002.
3. 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 22 July 2002). . (b) 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 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 13 of Part I of Schedule 7A to the Act”. Page 97
(c) Tree Preservation Order - Clynder
Recommending that a Tree Preservation Order be placed on an area of land at Clynder.
Decision
Agreed that a Tree Preservation Order be made covering the area of land as outlined within the report.
(Reference: Report by Head of Development & Building Control dated 22 July 2002) .
(d) Leisure Development Grants
Leisure Development Grant applications for consideration.
Decision
(i) Agreed to seek comments from the Helensburgh and Lomond Sports Council on Leisure Development Grant applications submitted by sports organisations and instruct the Leisure Services Manager to include this in the report to the Area Committee for determination.
(ii) The applications were determined as follows:-
Applicant Narrative Project Decision Cost
Mull Theatre Theatre tour of £219,000.00 £1,000.00 Group Helensburgh & Lomond area
Helensburgh Indoor Cricket £1,600.00 £1,000.00 Junior Cricket Competition for Club approximately 35 juveniles
(Reference: Report by Area Leisure Manager dated 22 July 2002).
4. TRANSPORTATION AND PROPERTY
Street Lighting Column Condition - Helensburgh and Lomond
The current situation regarding the worsening condition of street lighting columns in the Helensburgh and Lomond area. Page 98
Decision
(i) To draw this paper to the attention of the Chief Executive, the Director of Transportation and Property and the Head of Public Protection, for immediate appropriate action.
(ii) To advise the Strategic Policy Committee to instruct the replacement of all dangerous lighting columns throughout Argyll & Bute without delay from the repair and renewal budget.
(iii) Instruct Area Roads Manager to provide information on the budgets available for street lighting columns.
(iv) Request Area Roads Manager to clarify the location of Clachan Road as outlined within report.
(Reference: Report by Director of Director of Transportation & Property dated 22 July 2002).
5. HOUSING AND SOCIAL WORK
(a) Social Welfare Grants
Social Welfare Grant applications for consideration.
Decision
The applications were determined as follows:-
Applicant Narrative Project Decision Cost
Garelochhead Ongoing costs of the £450.00 £250.00 Elderly Forum organisation
Enable Children’s To provide 45 week per £10,532.90 £9,632.90 Committee annum day respite/drop in Helensburgh and service Lomond
Helensburgh and Ongoing costs/outings £500.00 £200.00 District Senior’s Forum
Page 99
Applicant Narrative Project Decision Cost
Dumbarton and Providing a 3 day £1,500.00 £300.00 District Intergroup convention in Helensburgh Alcoholics Anonymous
Arrochar & Tarbet Senior Citizens Welfare Committee
Motion
Arrochar & Tarbet Senior Citizens Grant of £100
Proposed by Councillor Morton Seconded by Councillor Stewart
Amendment
Arrochar & Tarbet Senior Citizens Nil
Proposed by Councillor Wilson Seconded by Councillor Stirling
On a show of hands
Motion 4 votes Amendment 4 votes
On votes being equal the Chair gave his casting vote in favour of the amendment
Arrochar and Provision of social events £1,900.00 Nil Tarbet Senior and food hampers to Citizens Welfare housebound at Christmas Committee
Rosneath & Clynder Old People’s Welfare Association
Motion
Rosneath & Clynder Old People’s Welfare Assoc. Grant of £100
Proposed by Councillor Morton Seconded by Councillor Stewart
Page 100
Amendment
Rosneath & Clynder Old People’s Welfare Assoc. Nil
Proposed by Councillor Wilson Seconded by Councillor Stirling
On a show of hands
Motion 4 votes Amendment 4 votes
On votes being equal the Chair gave his casting vote in favour of the amendment
Rosneath & Provision of social £700.00 Nil Clynder Old outings for members People’s Welfare Association
Helensburgh Old People’s Welfare Committee
Motion
Helensburgh Old People’s Welfare Committee Grant of £100
Proposed by Councillor Morton Seconded by Councillor Stewart
Amendment
Helensburgh Old People’s Welfare Committee Nil
Proposed by Councillor Wilson Seconded by Councillor Stirling
On a show of hands
Motion 4 votes Amendment 4 votes
On votes being equal the Chair gave his casting vote in favour of the amendment
Helensburgh Old Provision of social activities £3,160.00 Nil People’s Welfare – winter social Committee Page 101
Applicant Narrative Project Decision Cost
Garelochhead Ongoing costs/outings £450.00 £250.00 Senior Citizens
Enable, Provision of holidays for £6,000.00 £4,717.60 Helensburgh & people with learning District Branch disabilities
(Reference: Report by Social Work Service Manager dated 22 July 2002).
The Area Committee adjourned at 11.20 a.m. and reconvened at 11.50 a.m.
(b) Disposal of Surplus MOD Housing – Churchill
Advising of Defence Estates’ intention to dispose of surplus MOD properties including locations within the Helensburgh and Lomond area.
Decision
Agreed that the Helensburgh and Lomond Area Committee notes the latest position relating to the disposal of surplus Ministry of Defence (MOD) properties within the Helensburgh and Lomond Area. The Area Committee welcomes the opportunity that the disposal of these properties provides in trying to address the plight of local first time buyers, as highlighted within the Helensburgh & Lomond Housing Market Study (ODS Study) that was conducted by ODS during 2000.
The Area Committee also recognises the time and effort that the Head of Development and Client Services (HDCS) has put in to the negotiations with Defence Estates, to try and ensure the targeted sale of these properties to existing Defence Housing Executive / Argyll & Bute Council and Housing Association tenants, or waiting list applicants in the first instance.
The Area Committee is less than happy with the system adopted by Defence Estates for the disposal of these properties, which in effect, requires prospective buyers to camp out for long periods of time. It is also considered that the system adopted, failed to ensure that the plight of local first time buyers, as highlighted within the ODS Study, was addressed.
Further, it is considered that the system adopted was unfair, as it did not allow an equal opportunity to all potential first time buyers throughout the Helensburgh and Lomond Area, as many could not camp out due to their own personal / family circumstances. This included carers, single parents and those suffering from medical conditions etc.
Page 102
The Helensburgh & Lomond Area Committee calls on Defence Estates to review the current disposal system and to enter into further discussions with HDCS on current and future disposals to try and ensure:
a. That surplus properties are disposed of in such a way that it helps to address the problems highlighted in the ODS Study.
b. That all surplus properties are targeted at local first time house buyers.
c. That safeguards are put in place to ensure that properties are not sold to private landlords and are preferably targeted at those living within the Helensburgh & Lomond Area.
d. That details are provided to HDCS at an early date, to show how many local first time buyers were successful in purchasing one of the surplus properties.
(Reference: Report by Director of Housing and Social Work dated 1 August 2002).
6. CORPORATE & LEGAL SERVICES
(a) Licensing of Street Traders
Seeking comments on the implications of granting street trading licences where an existing retail outlet is within a radius of 100 metres from the proposed site but where no objections to the application had been raised.
Decision
Agreed to recommend to the Public Services and Licensing Committee that the existing scheme has the flexibility to deal with concerns expressed by Members should the occasion arise.
(Reference: Report by Head of Legal Services dated 4 July 2002).
(b) Civic Government (Scotland) Act 1982 – Licensing of Taxis
To consider issues involving significant unmet demand for taxi services within the Helensburgh and Lomond area and whether or not to commission a survey into demand covering one or more of the current taxi zones.
Decision
Agreed to recommend to the Public Services and Licensing Committee against commissioning a survey of demand for taxi services in the Helensburgh and Lomond area at the present time.
(Reference: Report by Head of Legal Services dated 18 June 2002). Page 103
(c) Administration of Trust Funds – Moore’s Mortification Fund
Examining the possibility of the transfer of the administration of the Moore’s Mortification Fund to the Cardross Trust be investigated.
Decision
Agreed to instruct the Director of Corporate & Legal Services to:
(i) Ascertain from the Inland Revenue that the trust assets could be transferred to Cardross Trust and continue to be given exemption from tax.
(ii) Seek confirmation from the Lord Advocate that the procedure in terms of Section 10 can be followed on the basis that the current income is less than £5,000.00.
(iii) To confirm with the Cardross Trust their willingness to accept the transfer subject to them accepting any conditions in regard to the utilisation of the Fund the Members may deem appropriate and on (1), (2) and (3) being satisfied to refer the matter to the Council for consideration.
(Reference: Report by Head of Legal Services dated 22 July 2002).
The Area Committee adjourned at 1.10 p.m. and reconvened at 2.30 p.m.
(d) Reallocation of Scottish Budget Resources – Argyll & Bute Council £1.8M
Detailing the decision by the Strategic Policy Committee to utilise the reallocation of Scottish Budget Resource and prioritise the road resurfacing works within the Helensburgh and Lomond area.
Decision
(i) To note the content of the report.
(ii) Agreed to instruct Chief Librarian to submit a report to a future meeting on the operating hours of Helensburgh Library and options for opening library on a Friday.
(iii) Agreed to instruct the Director of Development and Environment Services to submit a report to a future Area Committee confirming the actual expenditure for the £100,000 allocated for all weather playing fields. Page 104
(iv) Agreed to approve the additional works programme as outlined within report to utilise the additional £204,000 allocated to the Helensburgh and Lomond area.
(Reference: Report by Director of Finance dated 17 July 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 these items 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”.
(e) Former Community Centre – Rosneath
Outlining the current position in respect of the form Community Centre, Rosneath.
Decision
Agreed to recommendation as outlined within report.
(Reference: Report by Director of Corporate & Legal Services dated 23 July 2002).
Page 105
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 August 2002. Minute Item 3 (b).
Application No.
02/00251/DET Mr. R. Massey - Detailed Application - Erection of two detached dwellings, land at Dunivard Road, Garelochhead.
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 the Head of Development and Building Control dated 19 July 2002).
02/00352/DET Mr. & Mrs. McGeorge - Detailed Application - Erection of dwellinghouse, Craigend Nursery, 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 the applicant entering a legal Section 75 Agreement to tie the occupancy of dwelling to persons employed in the horticultural business.
(Reference: Report by Head of Development and Building Control dated 19 July 2002).
02/00778/LIB Stephen Levy - Listed Building Consent - Installation of fascia sign, projecting board sign and internal signage, 19 West Clyde Street, Helensburgh. Page 106
Decision
Agreed to refuse in accordance with the recommendations contained within the report by the Director of Development and Environment Services.
Noted Councillor Stirling’s dissent.
(Reference: Report by Head of Development and Building Control dated 18 July 2002).
02/00909/DET Mr. & Mrs. Moffat - Detailed Application - Erection of dwellinghouse (amended design), Plot 13 Barbour Road, Kilcreggan.
Decision
To continue consideration pending site inspection with delegated powers by Members.
Noted Councillor Stirling’s dissent to site visit having delegated powers.
(Reference: Report by Head of Development and Building Control dated 19 July 2002).
02/00585/DET Andrew Young - Detailed Application - Erection of dwellinghouse, Plot 19 Barbour Road, Kilcreggan.
Decision
To continue consideration pending site inspection with delegated powers by Members.
Noted Councillor Stirling’s dissent to site visit having delegated powers.
(Reference: Report by Head of Development and Building Control dated 19 July 2002). Page 107 Agenda Item 4o
MINUTES of MEETING of MID ARGYLL KINTYRE & ISLAY AREA COMMITTEE held in the TOWN HALL, CAMPBELTOWN on WEDNESDAY 07 AUGUST 2002
Present: Councillor Donnie MacMillan (Chair)
Councillor Alison Hay Councillor Robin Currie Councillor Alastair McKinlay Councillor Donald Kelly Councillor Bruce Robertson Councillor Alasdair Blair
Attending: Deirdre Forsyth, Area Corporate Services Manager Richard Kerr, Senior Planning Officer Ian Fawcett, Area Amenity Services Manager Felicity Kelly, Community Education Donnie McLeod, Area Manager, Transportation & Property Services Roddy McDowell, Head of Lifelong Learning & Capital Resource Kevin Williams, Economic Development & Tourism Barry Johnstone, Housing Services
1. URGENT ITEM
The Chairman decided in terms of Section 50B (4) (b) of the Local Government (Scotland) Act 1973, and the Committee agreed in terms of Standing Orders that item 18 which was not specified in the agenda should be considered as a matter of urgency because the application to Historic Scotland had to be submitted by the end of August 2002.
2. APOLOGIES
Apologies for absence were received from Councillors Findlay and McKinnon.
3. MINUTES OF MEETING OF 3 JULY 2002
The Committee agreed the minutes of their meeting of 3 July 2002 as a correct record.
4. PUBLIC QUESTION TIME
Stewarton Play Area
On a question being raised by Mrs F Lamont about the play area in Stewarton because of her concerns about noise and road safety, it was explained that the area which has traditionally been used by local children, has been fenced off and basic play equipment will be installed shortly. Road barriers will also be installed prior to its being used by the children. Councillor Kelly advised the committee that the Stewarton residents are happy with the proposals.
Page 108
DEVELOPMENT AND ENVIRONMENT SERVICES
5. Delegated Decisions
The Committee noted decisions issued by the Director of Development and Environment Services dated 22 July 2002
6. Local Spending on Improved Waste Management Services
The Council at its meeting of 30 May 2002 agreed to make available to each Area Committee the sum of £29,610 over each of the next three years as a result of funding released through success in attracting European Transitional Funding to support the Council’s Waste Management Public Private Partnership. This report suggests particular projects, which could be implemented locally to the benefit of members of the public in the area served by this local committee.
Decision
1. The Committee reiterated their approval of items 1, 2, and 3 in Appendix I of the report.
2. The Committee approved proposals 5, 6, 7, 9, and 10 in Appendix II of the report.
3. The Committee asked the Area Amenity Services Manager to investigate other sources of funding for items 5(a) and 8.
TRANSPORTATION AND PROPERTY SERVICES
7. Reallocation of Scottish Budget Resources: Argyll and Bute Council £1.8m
The Scottish Executive have recently awarded £1.8 million additional funding to Argyll and Bute Council. The Strategic Policy Committee has agreed that a considerable amount of this funding should go to road maintenance and it is suggested that the proportion of this fund allocated to Mid Argyll, Kintyre and Islay be distributed as indicated in the report.
Various matters including Crinan Road, Barnbrae and its connection with the car park in Inveraray, Limecraigs and Low Askomil, Campbeltown, the barrier at the play area in Stewarton and the improvement of street furniture were all discussed.
1. The recommendations contained in the report were approved.
2. The Area Manager, Transportation and Property Services will report back on where the surface dressing funds have been spent.
3. The Area Committee agreed that the Chief Executive be asked to pursue the failure to spend agreed budgets and also to consider how to address the problems of departmentalism and the shifting of responsibility for carrying out agreed work from one department to another. Page 109
8. Jura Ferry
The Area Manager, Transportation and Property Services, advised that a bid document for a new ferry was being prepared by his department to be submitted to Scottish Executive on 15 August 2002. There are no current problems with the ferry and Serco Denholm are in discussions with the Maritime Coastguard Agency with a view to reducing some of the restrictions on the use of the ferry.
Decision
1. It was agreed that these restrictions need to be removed before winter starts.
2. The report was otherwise approved.
9. Royal Mail Postbus Services - Service 185 Port Askaig, Bowmore, Port Ellen, Ardbeg
The purpose of the report was to advise members that Royal Mail Postbus Services have intimated their intention to withdraw Postbus Service 185 (Port Askaig, Bowmore, Port Ellen and Ardbeg) with effect from Sunday 29 September 2002. A letter from Ann Clark, Islay and Jura CVS was also circulated for information.
Decision
1. The proposal to withdraw the service by Royal Mail Postbus was noted.
2. It was agreed to ask Royal Mail Postbuses if the postbuses could be replaced with vehicles which could take 2 or 3 passengers so that the service could be continued on a reduced capacity basis.
3. It was agreed to ask Douglas Blades (a) to investigate opportunities to cover this loss of service by looking at amendments to the service bus service provided by Mundells, (b) to consider ways of using the new electric bus being introduced on 29 August 2002, and the school buses, and (c) to report back to the earliest possible meeting.
Page 110
GRANTS
10. Education Development
A report was submitted by Director of Education dated 7 August 2002 describing applications which had been received for grants. The sum remaining for distribution amounted to £650.
Decision
The following grants were agreed on the normal terms and conditions. The decision to assist Whitehouse Village Hall Committee was made retrospectively on the basis that the building was used by Council Services and there would be a serious problem for the Council if the hall was not able to reopen.
ORGANISATION PROJECT GRANT COST Stephanie Peach £500 £150 Whitehouse Village Hall Committee £137,940 £500 Alexandrina Shanks £1,893.60 Nil
TOTAL £140,336.60 £650
As arising therfrom, on a question being raised by Councillor Kelly, it was agreed that a report should be submitted to the next meeting with information on how advertisements to attract school teachers to Campbeltown could be improved.
CORPORATE AND LEGAL SERVICES
11. Mid Argyll, Kintyre and Islay Windfarm Trust
The report summarises the outcome of the first meeting of the Trust.
Decision
1. It was agreed to note the allocation of funds in East and West Kintyre.
2. It was agreed that negotiations take place with the proprietor, original applicant and present applicant for amendment of the Section 50 (75) agreement for Tangy Windfarm to enable the Mid Argyll, Kintyre and Islay Windfarm Trust to be applied to the Tangy Community Fund.
Page 111
12. Street Naming - Lochgilphead
This report requests that a name be chosen for the housing development at Whitegates Phase II.
The Chairman proposed that the development follow Lochgilphead tradition by being named after Dr Donald Ross who had been the Superintendant of Argyll and Bute Hospital from 1914 to 1946 and who had been much respected in Lochgilphead because of his service and dedication to duty and his input to the community.
Decision
That the development be named Ross Crescent, and numbered according to the plan attached to the report.
13. Extract of Minute of the Public Service & Licensing Committee 4 July 2002 - Licensing of Street Traders
The Public Service and Licensing Committee of 4 July 2002 asked the Area Committee to consider the implications of the granting of street traders licences where an existing outlet is within a radius of 100 metres, but no objection has been raised.
Decision
The committee agreed that they would wish to continue to be able to use their discretion to grant licences in these circumstances, after taking account of the views of relevant local businesses and the police.
14. Licensing of Taxis
The Public Service and Licensing Committee has considered issues involving significant unmet demand for taxi services and has invited the Area Committee to consider the position in their areas and report back, so that it can consider whether or not to commission a survey into demand, covering one or more of the current taxi zones
Decision
The Committee agreed to recommend to the Public Service and Licensing Committee against commissioning a survey of demand for taxi services in Mid Argyll, Kintyre and Islay at the present time.
Page 112
15. Scottish Water Issues in Campbeltown
Councillor Blair advised that there was severe flooding recently at low tide with sewage water flooding Longrow.
It was agreed to raise this issue with Scottish Water at the September meeting when they will be reporting back on the questions raised at the June meeting.
16. Charges for Fairground in Campbeltown
Because of issues relating to the cost of the fairground using Kinloch Green in Campbeltown, it was agreed to request a report to the Area Committee on proposed charges for 2003/2004.
EXEMPT SECTION
The Committee was asked to pass a resolution in terms of Section two 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 paragraphs 13 and 8 of Schedule 7a to the Local Government (Scotland) Act 1973.
17. Enforcement
Enforcement – 02/00140/ENFMIN
The Committee resolved to allow a further month for the operators to submit the results of the options for camouflaging the seaward slope of the membrane and their proposals for implementation with a report back to the October meeting at the latest.
18. Burnett Building, Campbeltown
This report updates Members on the progress of this project and seeks approval to proceed to the next stage.
Decision
1. That the project now be progressed wholly within the council’s ownership.
2. That consultants be engaged on the terms and conditions contained in the report.
3. That the detailed plans be submitted with a grant application to Historic Scotland by September 2002.
Page 113 Agenda Item 4p
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 7 AUGUST 2002.
Present: Councillor David Webster (Chairman)
Councillor Robin Banks Councillor Alistair MacDougall Councillor Campbell Cameron Councillor Donald McIntosh Councillor Allan Macaskill Councillor Duncan MacIntyre
Attending: Kenneth Macdonald, Area Corporate Services Manager Donald Kelly, Chief Solicitor Derek White, Area Property Officer George Harper, Director of Development and Environment Services John McIver, Senior Planning Officer Iain Welsh, Area Amenity Services Manager Iain MacKinnon, Senior Environmental Health Officer Gwilym Gibbons, Development Manager, Corran Halls David Craig, Area Community Education Officer Moira Macdonald, Area Housing Manager Alex Taylor, Area Service Manager, Social Work Janet Buchanan, Community Care Manager Neil Brown, Assistant Area Transportation Manager Inspector David Sutherland, Strathclyde Police
Apologies: Councillor Ian Gillies
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 18, 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 McIntosh declared an interest in item 3 and took no part in the discussion thereof.
2. MINUTES
The Committee approved the following Minutes:
(a) Meeting of the Area Committee held on 3 July 2002;
(b) Meetings of the Soroba Area Development Group held on 6 June and 4 July 2002;
Prior to consideration of the following item of business Councillor McIntosh, having earlier declared his interest therein, left the meeting and took no part in the discussion thereof.
1 Page 114
3. LICENSING OF TAXIS
The Committee considered report dated 18 June 2002 by the Head of Legal Services seeking the Area Committee’s comments in regard to the demand for taxi services in the Oban, Lorn & the Isles area, with a view to reporting back to the Public Service and Licensing Committee to allow it to consider whether or not to commission a survey into that demand.
Decision:
Agreed that a hearing be convened to offer all taxi operators in Oban, Lorn and the Isles an opportunity to put forward their views on this matter.
(Ref: Report dated 18 June 2002 by the Head of Legal Services, submitted)
4. AREA FUNDING MONITORING REPORT
The Committee considered progress report advising of the current position in regard to expenditure on the projects previously identified in terms of the capital and revenue funding allocated to the Oban, Lorn & the Isles Area Committee for disbursement.
Decision:
Agreed:
(a) to note the report; (b) that the £1,000 allocated for the purchase of a radio for Oban Airport be reallocated to the provision of additional street lighting, Kirk Road, Dunbeg; and (c) that a detailed progress report be submitted to the Area Committee on a monthly basis.
(Ref: Progress report as at 28 July 2002, submitted)
5. STRATHCLYDE POLICE
Inspector David Sutherland advised the Committee of issues relating to the road policing strategy in the Oban, Lorn and the Isles area, and of the following crash statistics:
No.of Serious Slight Non Period Crashes Fatal Injury Injury Injury
January-June 2001 107 4 4 32 67 January-June 2002 130 1 9 22 98
6. 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 dated 22 July 2002, submitted)
2 Page 115
7. 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 dated 22 July 2002, submitted)
The Committee also considered and dealt with the following applications for planning permission:-
Ref. No. Narrative
1. 01/01695/OUT Mr & Mrs D.Fellowes - Outline application – Site for the erection of a dwelling house - Land north of Keepers Cottage, (Plot 2), Cladich, by Dalmally. Approved, subject to (a) conditions 1-6,8 and 9 as set out in the report dated 17 July 2002 by the Head of Development and Building Control; and (b) the expansion of condition 7 to specify the requirements of the Council’s Highways Drawing No. NA32/05/2A that the access shall be surfaced in dense bitumen macadam for the first five metres from the public road.
2. 02/00169/DET Aldi Stores Ltd. and Deanway Developments Ltd. - Detailed application - Erection of Class 1 retail unit and associated car park / service area – Lynn Road, Oban. Having heard from the Senior Planning Officer and considered the report submitted:
Motion
That the application be refused for the reasons set out in the report dated 11 July 2002 by the Head of Development and Building Control.
Moved by Councillor Webster Seconded by Councillor Banks
Amendment
That the proposal be approved (a) in that the proposal will utilise a site for which there is an existing consent for retail purposes and the precedent has been set; and (b) subject to conditions to be remitted to the Chairman, Vice Chairman and Local Member in consultation with the Director of Development and Environment Services.
Moved by Councillor Cameron Seconded by Councillor McIntosh
Decision:
The motion was carried 5 votes to 2 and the Committee resolved accordingly.
3 Page 116
3. 02/00243/OUT Steven and Alison Watson – Outline application – Erection of house – Land south of The Haven, Gallanach, Oban. Approved, subject to the conditions set out in the report dated 8 July 2002 by the Head of Development and Building Control.
4. 02/00498/LIB Patricia O’Neil – Listed Building application – Change of roof covering from thatch to felt – Thatched Cottage, Kenovay, Isle of Tiree. Refused for the reasons set out in the report dated 25 June 2002 by the Head of Development and Building Control.
5. 02/00665/DET Mr G.Mackechnie – Detailed application – Conversion of pavilion and erection of self catering chalets to form holiday village – Amended proposal to 01/00515/DET – Ganavan Pavilion, Ganavan Road, Oban. Having heard from the Senior Planning Officer in regard to the terms of a further representation received, it was agreed that the application be approved, subject to (a) conditions 1,2,5 and 6 set out in the report dated 16 July 2002 by the Head of Development and Building Control; (b) the amendment of condition 3 to ensure the maintenance of the landscaped areas for a period of ten years; and (c) the amendment of the final sentence of condition 4 to read ‘Such details shall include full details of the location, type, angle of direction and wattage of each light, which shall be so positioned and angled downwards to prevent any glare or light spillage outwith the site boundary’.
6. 02/00713/DET Mrs E.Detiger – Detailed application – Alteration and extension to dwelling house – Highland Cottage, Isle of Iona. Having heard from the Senior Planning Officer in regard to the terms of a further representation received, it was agreed that the application be approved, subject to the conditions set out in the report dated 8 July 2002 by the Head of Development and Building Control.
7. 02/00773/REM Mrs and Mrs Gillies – Reserved matters application – Erection of a dwelling house and installation of septic tank – Land west of Dunoran, North Connel. Approved, subject to (a) conditions 1-4 as set out in the report dated 17 July 2002 by the Head of Development and Building Control; and (b) the expansion of condition 5 to specify the requirements of the Council’s Highways Drawing No. NA32/05/2A that the access shall be surfaced in dense bitumen macadam for the first five metres from the public road.
4 Page 117
8. 02/01043/COU D.Kirsop and Sons – Change of use of workshop to form three dwellings – Fletcher Terrace, Port Mor, Main Street, Tobermory, Isle of Mull. Refused for the reasons set out in the report dated 26 June 2002 by the Head of Development and Building Control.
8. PLANNING APPLICATION REF 02/00653/DET – ARGYLL PROPERTIES (SCOTLAND) LTD – ERECTION OF 4 RESIDENTIAL FLATS – LAND EAST OF EAS BRAE, TOBERMORY, ISLE OF MULL
There was submitted, and approved, note in connection with site inspection hearing held on 25 July 2002 in regard to an application for detailed planning permission for the erection of 4 residential flats on land east of Eas Brae, Tobermory, Isle of Mull, at which it was agreed to continue consideration of the application to this meeting to allow the Area Transportation Manager to submit a report in regard to his detailed requirements in road safety terms.
Having heard from the Senior Planning Officer in regard to the terms of further representations received, and having considered Supplementary Report No.2 dated 6 August 2002 by the Head of Development and Building Control incorporating the views of the Area Transportation Manager, it was agreed that the application be approved, subject the conditions set out in the aforementioned report.
(Ref: Report dated 6 August 2002 by the Head of Development and Building Control, 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
Scottish Ballet Performance – £ 146,591 Grant of £ 250 Corran Halls – 10 September 2002
Coll Community Two days of arts, £ 1,990 Grant of £ 500 Learning Forum crafts and sports activities for young residents and visitors on Coll
Total £ 750
(Ref: Report by the Development Manager, Corran Halls submitted)
10. JOINT WORKING ON LISMORE
The Area Amenity Services Manager having been called away from the meeting to deal with an urgent operational issue, it was agreed that this matter be continued to the next meeting.
5 Page 118
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
Salen Youth Club Let charges and £ 467.18 Grant of £ 233.50 purchase of equipment
12. MONITORED DOSAGE SYSTEMS AND PAYMENTS
With reference to an issue raised by a member of the public during question time at the last meeting there was submitted report dated 26 July 2002 by the Community Care Manager in regard to charges for monitored dosage systems and payments to pharmacists.
Decision:
Agreed that the Manager of the Lorn & Isles Local Health Care Co-operative be invited to attend the next meeting to expand on this issue.
(Ref: Report dated 26 July 2002 by the Community Care Manager, submitted)
13. WILLOWVIEW REDEVELOPMENT
There was submitted report dated 12 July 2002 by the Director of Housing and Social Work in regard to proposals for the redevelopment of Willowview House to offer an integrated service with Primary Health, Mental Health and Social Work, which all form part of the Joint Future Agenda.
Decision:
Agreed:
(a) to approve, in principle, the proposal for the redevelopment of Willowview House; and (b) that the proposed centre be known as The Willowview Community Care Centre.
It was further agreed that Members be provided with detailed costings of the proposals.
14. ADDITIONAL FUNDING FROM THE SCOTTISH EXECUTIVE FOR ROAD NETWORK REPAIRS
There was submitted report by the Area Transportation Manager in regard to proposals for expenditure of £360,000, being the sum allocated to the Oban, Lorn and the Isles area from the additional funding made available by the Scottish Executive. The Strategic Policy Committee had allocated £1.2m for road repairs and improvements.
6 Page 119
Decision:
Agreed to approve the list of projects contained in the report, with the exception of scrub cutting to road verges on Mull and the mainland (£40,000) in respect of which a report is to be submitted to the next meeting in regard to utilisation of this funding. It was further agreed that further information be provided on the length of road A816 Oude Hill to be surfaced.
(Ref: Report by the Area Transportation Manager, submitted)
15. CHARGING AT REMOTE PIERS
There was submitted, and noted, report by the Area Transportation Manager in regard to progress being made to instigate a regime for collecting pier dues at the remote piers in the Oban, Lorn and the Isles area.
Arising from this it was agreed that Members be provided with the actual income figures for each pier.
(Ref: Report by the Area Transportation Manager, submitted).
16. PUBLIC QUESTION TIME
Mr C.J.Hughes Expressed concern that it had come to his attention that there are proposals for the redevelopment of the Luing ferry slipway which would encroach onto his land, but he had not been consulted in this regard. Having been advised by the Area Transportation Manager that he was unaware of any such proposals it was agreed to invite the Director of Transportation & Property Services to attend the next meeting to clarify the position.
Mr C.J.Hughes Asserted there are a number of errors within the Council’s Luing Ferry timetable publication. The Area Transportation Manager was instructed to submit a report to the next meeting responding to this assertion, including costs of production of the timetable.
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.
17. CORRAN HALLS, OBAN - CONTRACTUAL ARRANGEMENTS
The Committee considered, and noted, report by the Head of Economic Development, Tourism and Leisure in regard to building development works at the Corran Halls, Oban. Arising from this it was agreed that a progress report be submitted to the next meeting.
(Ref: Report by the Head of Economic Development, Tourism & Leisure, submitted.)
7 Page 120
18. PROPOSED DESIGNATION OF CNUIC AGUS CLADACH MHUILE (MULL HILL AND COAST) AS A SPECIAL PROTECTION AREA
There was submitted report by the Head of Development and Building Control in regard to advice received from Scottish Natural Heritage that it is considering the designation of Cnuic agus Cladach Mhuile (Mull Hill and Coast) as a Special Protection Area.
Decision:
Agreed to advise Scottish Natural Heritage that the Council has no objections to the proposed designation and that there are no extant planning permissions, or other consents, which affect the proposed area.
19. OBAN AIRPORT
There was submitted, and approved, Minute of meeting of the Oban Airport Member / Officer Working Group held on 3 July 2002.
20. FORMER ROADS DEPOT, KIRK ROAD,DUNBEG
The Committee considered, and approved, report dated 25 July 2002 by the Director of Corporate & Legal Services in regard to the current status of the former Roads Depot, Kirk Road, Dunbeg.
(Ref: Report dated 25 July 2002 by the Director of Corporate & Legal Services, submitted.)
21. ENFORCEMENT ACTION
The Committee considered issues of enforcement action as follows:
Reference Decision
99/00107/ENF Agreed the terms of the report.
02/00042/ENF Agreed the terms of the report.
02/00079/ENF Agreed the terms of the report.
8 Page 121 Agenda Item 4q
ARGYLL AND BUTE COUNCIL
MINUTES of MEETING of PUBLIC SERVICE AND LICENSING COMMITTEE held in THE COUNCIL CHAMBERS KILMORY, LOCHGILPHEAD on WEDNESDAY 14 AUGUST 2002
PRESENT: Councillor Stanley Latimer (In the Chair)
Councillor Campbell Cameron Councillor Bruce Robertson Councillor John Findlay Councillor Moira Stewart Councillor Gordon McKinven
ATTENDING: Charles Reppke, Head of Democratic and Community Services Angus Gilmour, Head of Development and Building Control Sandy Taylor, Head of Public Protection
APOLOGIES: Councillor Alistair McDougall Councillor Bruce Marshall
1. MINUTES
a. The Minutes of the Public Service and Licensing Committee of 25 June 2002 were approved as a correct record.
b. The Minutes of the Public Service and Licensing Committee of 4 July 2002 were approved of a correct record.
2. DOBBIES GARDEN CENTRE PLC: DETAILED APPLICATION FOR ALTERATION AND EXTENSION TO GARDEN CENTRE, ARDENCAPLE, RHU ROAD HIGHER, HELENSBURGH (REF: 02/00083/DET)
The Helensburgh and Lomond Area Committee had referred the application to the Public Services and 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 and Building Control in regard to the reports submitted.
Decision
Agreed to accept this proposal on the ground that it is for a smaller extension and alteration to the Garden Centre than was requested in 1998, during the life of the previous Council. This Garden Centre has long been established on the site (between forty and fifty years) predating the construction of Kathleen Park, whose residents must have been well aware of its existence when they build or purchased their homes. Page 122
Garden Centres are an excepted countryside use and are commonly to be found in green belt locations. The proposals do not call for further intrusion into the green belt, or any new use, and the extension is contained within the existing development boundaries, therefore the proposal complies with Structure Plan Policy GB1, Argyll & Bute Finalised Draft Structure Policy STRAT3, and Government guidance set out in circular 24/1985 which advises against the encroaching of development into the countryside with Green Belts. Further under GB1 A and POLICY DC2 there would be a beneficial effect to the appearance of the site due to the rationalisation and refurbishment of some buildings on the site and the removal of some poor quality ones. The business provides horticulture materials for domestic recreational use, in a location that is easily accessible to town residents and visitors. There would be an economic benefit from the refurbished premises, possibly greater that we already have from the existing facility. New landscaping would also offer an improved appearance from the road and this must impact favourably on the local area. Neither will the proposal conflict with retail policies R1A or R1C, however as with the original 1998 recommendation and that that in the current report, I suggest that a Section 75 agreement be attached to prevent this business becoming a general retail outlet, by limiting the sale of non Garden Centre Goods and that conditions be remitted to the Head of Development & Building Control in consultation with the Chair, Vice – Chair and Councillor Campbell Cameron. No objections have been brought forward by either Roads Department or Public Protection.
In terms of material consideration the terms of Reporter’s appeal decision on the previous application are noted. However, for the reasons set out above it is not considered that the proposal development would lead to an extension of the built up area, as he proposed extension is within an existing developed area. Further the rationalisation of the site and the removal of a number of poor quality buildings would result in an overall environmental improvement. As such the proposal would not result in the piecemeal erosion of the greenbelt by urbanising the site, or undermine the areas greenbelt designation as concluded by the Reporter.
(Reference Reports by head of Development and Building Control dated 13 June 2002 and 30 July 2002, Recommendation by Helensburgh & Lomond Committee of 2 July 2002 and letter dated 28 July 2002 from A. Morris, S. McQuarrie, K. Sharp and N. Plenderleith, submitted)
3. FILM CLASSIFICATION
The British Board of Film Classification (BBFC) had written to all Local Authorities regarding changes to the present mandatory ‘12’ Cinema Classification. They had proposed that this certificate be converted to an advisory ‘12A’ and had sought comments on this proposal.
Decision
Agreed to suggest to the BBFC that introduction of a ‘PG12’ classification may give parents better guidance as to the suitability of the film as opposed to the proposed ‘12A’ Classification. (Ref: Letter dated 17 July 2002 from the British Board of Film Classication).
Page 123
4. PROTECTION OF CHILDREN AT WORK
The committee, at its meeting on 4 July 2002, had requested that enquiries be made with the Scottish Executive as to the responses received from other Rural Authorities and that a report to be brought back to this meeting.
Having considered the responses detailed in an update by the Head of Legal Services.
Decision
1. To agree to adopt the model bylaws prepared by the Scottish Executive and as set out in appendix 1 of the submitted report.
2. To authorise the Head of Legal Services to initiate the formal procedure, in terms of the Local Government (Scotland) Act 1973, to have the Byelaws confirmed by the Scottish Ministers and to revoke the existing Byelaws when the new Byelaws take effect.
3. To request that a further report be brought forward by Development and Environmental Services and the Education Service on publicising these bylaws once they have been confirmed by Scottish Ministers to raise public awareness.
(Reference report by Head of Legal Services dated July 2002, submitted)
5. LICENSING OF STREET TRADERS
Views had been sought from the Bute & Cowal, Helensburgh & Lomond and Mid Argyll, Kintyre & Islay Area Committees on a proposal by Oban, Lorn and the Isles Area Committee regarding the process for granting street traders licences where an existing similar outlet is within a radius of 100 metres from the proposed site. Their responses had been placed before the Committee for consideration.
Decision
To note the terms of the responses.
(Reference: Report by Head of Legal Services dated 4 July 2002, extract of Public Services and Licensing Committee of 4 July 2002, submitted and Recommendations from Bute & Cowal Area Committee and Helensburgh & Lomond Area Committee of 6 August 2002, and Mid Argyll, Kintyre & Islay Area Committee of 7 August 2002, tabled)
6. PEST CONTROL PERFORMANCE STANDARDS
A Best Value Scrutiny Review of the Public Protection Services had been conducted which identified the need to review the basis of the current prioritisation of the services response.
Page 124
Decision
To approve the adoption of the national benchmarking standards for pest control and the proposed categorisation of “High” and “Low” priority requests.
(Reference report by head of Public Protection dated 23 July 2002, submitted)
7. NATIONAL PERFORMANCE FRAMEWORK FOR TRADING STANDARDS
Formal approval of the Service Plan that had been produced in accordance with a new National Performance Framework and which had been implemented on 1 April 2002 was sought.
Decision
1. To approve the Trading Standards Service Plan 2002-03.
2. To instruct the Director of Development & Environment Services to prepare a report on the current position of the Highlands and Islands Hydrocarbon Group and actions currently being taken by the Group.
(Reference report by head of Public Protection dated 23 July 2002, submitted)
8. FOOD STANDARDS AGENCY AUDIT
The Committee considered a report on the findings of the Food Standards Agency Audit of the Council’s food law enforcement service.
Decision
To note the findings of the Food Standards Agency Report, the action taken to date to address the last audit findings and also the timetable for completion of outstanding actions.
(Reference report by head of Public Protection dated 23 July 2002, submitted)
Page 125 Agenda Item 4r
ARGYLL AND BUTE COUNCIL
MINUTES of MEETING of COMMERCIAL OPERATIONS BOARD held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on 15 AUGUST 2002
Present: Councillor Bruce Robertson (Chair)
Councillor James McQueen Councillor Len Scoullar
Attending: James McLellan, Chief Executive Stewart McGregor, Director of Finance Alistair Gow, Director of Transportation & Property Services Nigel Stewart, Director of Corporate & Legal Services Andy Law, Head of Property & Facilities Management Alan MacDonald, Head of Roads Alan Brough, Support Services Manager
Apologies: Councillor Brian Chennell Councillor Eric Thompson
1. MINUTES
The Minutes of the Meeting held on 23 May 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 3 items of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraphs 1 and 9 respectively of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.
* 2. TRANSPORTATION AND PROPERTY DLO/DSO FINANCIAL POSITION AS AT 30 JUNE 2002
The DLO and the DSO (within Transportation and Property Services) financial positions as at 30 June 2002 were summarised by the Support Services Manager.
Decision
Noted the report.
(Ref: Report by Support Services Manager dated 15 August 2002, submitted).
Page 126
* 3. BUILDING SERVICES DLO FINANCIAL POSITION
The Head of Property & Facilities Management submitted a report which advised the Board on the Financial Performance of the Building DLO for the first quarter of this financial year and future tendering strategy.
Decision
1. To note the current financial position.
2. That monthly updates on the financial position be provided to the Chair of the Commercial Operations Board, the leader of the Council, and the Resources Spokesperson in addition to the present quarterly monitoring reports.
3. To endorse the measures outlined in the report, the tender negotiating strategy, and the potential alignment implications for DLO trading.
(Ref: Report by Head of Property & Facilities Management dated 29 August 2002, submitted).
* 4. AMENITY SERVICES DSO FINANCIAL POSITION AS AT 30 JUNE 2002
The Amenity Services DSO Accounts for the first three months of the financial year for 2002/2003, including the projection to 31 March 2003 was presented to the Board.
Decision
To note the current financial position of the DSO Accounts and the trends highlighted in the report.
(Ref: Report by the Operations Manager dated 15 August 2002, submitted).
COB15AUG
Page 127 Agenda Item 4s
ARGYLL AND BUTE COUNCIL
MINUTES of MEETING of STRATEGIC POLICY COMMITTEE (EDUCATION) held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on THURSDAY 15 AUGUST 2002
Present: Councillor Allan Macaskill (In the Chair)
Councillor Robin Banks Councillor Alastair McKinlay Councillor George Freeman Councillor Donald MacMillan Councillor Ian Gillies Councillor William Petrie Councillor Ronald Kinloch Jane Brown Councillor Duncan MacIntyre Sandra Shanks
Also Present: Councillor John Findlay Councillor Bruce Robertson Councillor Alison Hay Councillor Len Scoullar Councillor James McQueen Councillor Moira Stewart Councillor Bruce Marshall
Attending: James McLellan, Chief Executive Nigel Stewart, Director of Corporate & Legal Services Archie Morton, Director of Education Stewart McGregor, Director of Finance
Apologies: Councillor Dick Walsh Councillor David Webster Alexandra Montgomery
The Chairman ruled, and the Committee agreed, that the business as dealt with at item 8 of this minute be dealt with as a matter of urgency by reason of the need to make a recommendation to the Council Meeting on 29 August 2002.
The Chairman ruled, and the Committee agreed, that the business as dealt with at item 9 of this minute be dealt with as a matter of urgency by reason of the need to appoint without delay an external adviser to the NPDO Project in order that the project should proceed within the timescale.
1. MINUTES
The Minutes of the Strategic Policy Committee (Education) of 20 June 2002 were approved as a correct record.
2. NPDO: CLARIFICATION OF AWARD
The annual revenue support on offer from the Scottish Executive had been confirmed at £5.73m per annum. The scope of the original Outline Business Case (OBC) now had to be reviewed to accommodate the offer from the Scottish Executive and required input from external financial and technical advisers. The views of the Council’s partners, Partnership UK, were reported, that the project remained capable of being
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sustained, but there was a need for the Council to ensure Ministers’ backing for the project.
Decision
1. Noted the content of the report and agreed that the project team and advisers produce a strategic options paper for the schools estate together with a revision of the Outline Business Case as soon as possible and report back to the Strategic Policy Committee.
2. That the project team be requested to raise with the Scottish Executive, the Council’s and its co-sponsor’s, concern to ensure an early indication of Minister’s backing for the project.
(Ref: Report by Director of Education dated July 2002, submitted).
3. KERRERA PRIMARY SCHOOL
In August 1997 the Education Committee had agreed to the proposal that Kerrera Primary School cease to operate until a minimum threshold of 10 pupils was achieved and that the delineated area of Rockfield Primary School be adjusted to include Kerrera. It was also agreed that the School be retained on a care and maintenance basis for a period of 5 years, which was now near its end. The future of Kerrera Primary School required to be reviewed.
Decision
To undertake a consultative exercise on the proposals:-
1. that Kerrera Primary School be closed permanently and that the school building be declared surplus to requirements;
2. that the delineated areas of Rockfield Primary School and St. Columba’s Primary School be adjusted permanently to include the Island of Kerrera;
and that a report be prepared for a future Strategic Policy Committee.
(Ref: Report by Director of Education dated July 2002, submitted)
4. THE NATIONAL DEBATE ON EDUCATION
The National Debate on Education was launched in mid March 2002 and was intended to create a vision for the future of education in Scotland and identify strategies which would enable that vision to be achieved. The Scottish Executive sought to include pupils, parents, teachers, employers and all other interested parties in the debate which was facilitated through information leaflets, questionnaires, meetings, events, etc and provided opportunities for a wide range of people to debate and discuss the key elements of an education system for future generations. The Scottish Executive now plan to publish the vision and strategy for the future in early 2003.
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Decision
Agreed to note the widespread debate throughout Argyll & Bute and endorsed the views and opinions expressed by the interested parties as detailed in the Director’s report.
(Ref: Report by Director of Education dated July 2002, submitted).
5. PRE-SCHOOL EDUCATION PROVISION 2002/2003
The Committee considered the proposals for providing pre-school education in Argyll & Bute within a mixed economy of local authority and commissioned provision for all eligible 3 and 4 year olds whose parents wished it.
Decision
1. Agreed the arrangements for service provision for pre-school education as outlined in the Director’s report and appendices 1A to 1D thereto.
2. Agreed that a minimum commissioning rate for 2002/2003 be set at £1,090 per full pre-school education place as specified and that a full administration and financial support services, quality assurance and quality development continue to be provided to all centres.
(Ref: Report by Director of Education dated July 2002, submitted).
6. CAPITAL GRANTS FOR VILLAGE HALLS
The Committee were updated on the progress of applications approved in the current year for the development of village halls. A surplus had been identified arising from a project which had not progressed as anticipated. Re-allocation of these funds to projects which could progress in the current year were recommended by the Director of Education, as were priorities for Scottish Executive funding for financial year 2003/2004.
Decision
1. That support be given to the provision of local community facilities to a maximum outlay of £42,963 in the financial year 2003/2004.
2. To make the following grant awards in priority order for 2003/2004 on the basis that the Scottish Executive funding or alternative funding is secured to allow them to proceed in the next financial year:-
Younger £19,000 Sandbank £7,813 Campbeltown Guide Hall £8,750
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Clachan £7,000 Minard £400
3. That Toberonochy Village Hall be awarded a grant of £15,812 from the surplus available in the current year.
4. That Lochgoilhead Village Hall be awarded £4,392 in the current year to assist them to complete their programme of refurbishment.
(Ref: Report by Director of Education dated July 2002, submitted).
7. INTERNATIONAL YOUTH EXCHANGE GRANT TO VOLUNTARY ORGANISATIONS 2002/2003
The Committee were advised of the four applications which had been received for international exchanges in 2002/2003 and recommendations were made for the allocation of grants to these youth organisations from a total budget of £4,400.
Decision
1. That £3,000 be disbursed among the four current applications with the balance of £1,400 being retained for further applications within the current financial year.
2. That the following grants be awarded:-
Organisation Cost of Project Amount Grant Awarded Requested
Cowal Europe £1,520 £500 £500 Association – Belguim
Cowal Europe £10,898 £1,000 £1,000 Association – Greece
Julie Bidwell – £3,000 £1,000 £500 Australia
1st Craigendoran £4,256 £1,000 £1,000 Venture Scout Unit
Total £19,674 £3,500 £3,000
(Ref: Report by Director of Education dated July 2002, submitted)
4 Page 131
8. EDUCATION SERVICE: REVENUE BUDGET 2002/2003 * Following completion by finance staff of the zero-based CCLS budget exercise on education service revenue funding in accordance with the agreed timetable, the service budget for 2002/2003 was £1.314m above the approved estimate to deliver the service. The Committee considered the further steps which the Director of Education now proposed to take to close the gaps between the CCLS budget as reported and the agreed estimate for the service.
Decision
Agreed:-
1. The implementation of the further proposals to scrutinise and interrogate the current education service revenue budget as recommended in the Director of Education’s report.
2. To extend the remit of the existing Member/Officer Education Finance Monitoring Group to monitor progress of the project group proposed at paragraph 3.1.4 of the Director’s report.
3. The outcomes from the foregoing inform the budget processes for financial year 2003/2004.
4. To recommend to the Council the savings totalling £1,110,000 and actions identified for financial year 2002/2003, comprising savings to be implemented by Education and compensatory adjustments from overall Council finances in the current financial year. It was agreed that a further report be presented to the next meeting of the Strategic Policy Committee (Education) identifying further savings.
(Ref: Report by Director of Education dated August 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 6 respectively Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.
9. CAPITAL FUNDING ISSUES IN EDUCATION: NPDO
The Committee considered a report which provided the background to the proposed appointment of external financial advisers to the NPDO Project.
Motion
To establish a Special Committee comprising of 5 members (3 from the Non-Aligned Group being the Leader, Depute Leader and Spokesperson for Education and Lifelong Issues and 2 other members being Councillors Cameron and Hay) with powers to consider and accept a tender for the appointment of external financial advisers to the
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NPDO Project.
Moved by Councillor Macaskill, seconded by Councillor Banks.
Amendment
To approve the recommendation in the report that the preferred company be appointed as external financial advisers to the NPDO Project.
Moved by Councillor Freeman, seconded by Councillor D MacIntyre.
Decision
The motion was carried by 5 votes to 3 and the Committee resolved accordingly.
(Ref: Report by Director of Education dated August 2002, tabled)
Strat pol ed 15 aug
6 Page 133 Agenda Item 4t
ARGYLL AND BUTE COUNCIL
MINUTES of MEETING of STRATEGIC POLICY COMMITTEE held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on THURSDAY, 15 AUGUST 2002
Present: Councillor Allan Macaskill (Chair)
Councillor Robin Banks Councillor Alastair McKinlay Councillor George Freeman Councillor Donnie MacMillan Councillor Ian Gillies Councillor William Petrie Councillor Ronald Kinloch Councillor Duncan MacIntyre
Also Present: Councillor Campbell Cameron Councillor Gordon McKinven Councillor John Findlay Councillor Bruce Robertson Councillor Alison Hay Councillor Len Scoullar Councillor Ellen Morton Councillor John Stirling Councillor James McQueen Councillor Moyra Stewart Councillor Bruce Marshall
Attending: James McLellan, Chief Executive Nigel Stewart, Director of Corporate & Legal Services Stewart McGregor, Director of Finance Douglas Hendry, Director of Housing & Social Work George Harper, Director of Development & Environment Services Alistair Gow, Director of Transportation & Property Services Susan Mair, Head of Legal Services Andy Law, Head of Property & Facilities Management Seamus Lalor, Head of Economic Development, Tourism & Leisure
Apologies: Councillor Dick Walsh Councillor David Webster
1. MINUTES
(a) The minutes of the Policy Development Group on Review of Council Business of 27 June 2002 were noted.
(b) The minutes of the Strategic Policy Committee of 18 July 2002 were approved as a correct record.
Arising from item 5 (Reallocation of Scottish Budget Resources) – the Chairman advised the Committee that the Scottish Executive had approved the package of spending proposals as submitted by the Council.
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(c) The minutes of the Policy Development Group on Conference and Event Facilities of 19 July 2002 were noted.
(d) The minutes of the Policy Development Group on European Issues of 29 July 2002 were noted and, subject as follows, the recommendations of the Scottish Executive Funding Group were approved.
Arising from item 3 (European Strategy) – the Strategic Policy Committee * endorsed, and recommended to the Council, the draft European Strategy.
Arising from item 4 (CPMR Islands Commission Proposal for Islands * Region Co-operation Initiative in the Field of Transport) – the Committee recommended that the Council participate in the study and that the necessary source of funding for such participation be identified by the Council.
Councillor Gillies advised the Committee that Councillor Duncan MacIntyre, as Transportation Spokesperson, would attend the CPMR General Assembly in Greece in September 2002 in place of Councillor Gillies (as Islands Issues Spokesperson).
2. INTEGRATED SERVICE PLANNING AND BUDGETING 2003/2004
The Committee considered the proposed timetable, process and output from the forthcoming cycle of integrated service planning and revenue and capital budget preparations, the provisional resource allocations for both revenue and capital budgets for each department based on the current estimate of the likely levels of revenue and capital resources and additional savings targets for departmental revenue budgets that provide flexibility for the Council in terms of setting Council Tax at a level below 2.9% were identified.
Decision
1. Agreed the proposed timetable, process and outputs as detailed in the appendix to the report by the Director of Finance.
2. Agreed the provisional resource allocations for revenue and capital budgets and the additional savings requirements for revenue budgets.
(Ref: Report by Director of Finance dated 15 August 2002, submitted).
2 Page 135
3. RESOURCES AND HOUSING ISSUES
The Spokesperson for Resources and Housing Issues, Councillor George Freeman, submitted a report summarising the issues that he had been involved in recently including Council Tax and Non Domestic Rates Collections: Mismatch: Local Housing Strategy: Housing-Familiarisation Visits and White Paper – Renewing Local Democracy. The Spokesperson highlighted some particular issues contained in his report and responded to a number of comments and questions.
Decision
Agreed to note the terms of the report.
(Ref: Report by Spokesperson dated 15 August 2002, submitted).
4. SOCIAL AND HEALTH ISSUES
The Spokesperson for Social and Health Issues, Councillor Donald MacMillan submitted a report summarising the issues that he had been involved in recently including Joint Community Care Plan 2002/2005, Better Neighbourhood Services Fund, Island Seminars: Health and Wellbeing, Progressive Care – Mull – Older People’s Services, Free Personal Care and Direct Payments. The Spokesperson highlighted some particular issues contained in his report and responded to a number of comments and questions.
Decision
Agreed to note the terms of the report.
(Ref: Report by Spokesperson dated July 2002 and Leaflet on Free Personal and Nursing Care from 1 July 2002, submitted).
5. CHARGES FOR SOCIAL WORK SERVICES – 2002/03
The Committee considered a report which reviewed the existing charging policy for Housing and Social Work Services and detailed proposed levels of charges for services during the period up to 31 March 2003. The charges were not reviewed as part of the Revenue Budget preparation process for 2002/03, in order that the proposed national rates for residential/nursing homes and consequences of the 1 July 2002 implementation of the National “Free Personal Care” Policy could be taken into consideration.
Decision
1. Agreed the amendments to the existing policy as detailed in Sections 3 and 4 of the report by the Director of Housing & Social Work.
3 Page 136
2. Approved the charges for services as set out within the report to take effect from 1 September 2002, except where otherwise specified in the body of the Director’s report.
(Ref: Report by Director of Housing & Social Work dated 7 August 2002, submitted).
6. HOUSING (SCOTLAND) ACT 2001: IMPLEMENTATION OF HOMELESSNESS PROVISIONS
The Housing (Scotland) Act 2001 obliges Local Authorities to undertake the development of homelessness strategies, working in collaboration with a range of partners. The Scottish Executive, via Communities Scotland, had made an offer of grant funding to Argyll & Bute Council amounting to £210,000 for each of the financial years 2002/03 and 2003/04, in order to assist in the development and implementation of a strategy. The Committee considered the strategic priorities for addressing homelessness in order to develop proposals for expenditure of the funding allocation.
Decision
1. Noted the arrangements proposed to utilise the Scottish Executive’s offer of grant, which had already been allocated to help the Council achieve the delivery of its Homelessness Strategy.
2. Agreed that determination of the utilisation of the grant monies be remitted to the Director of Housing & Social Work in consultation with the Leader and Depute Leader of the Council, the Spokesperson for Housing Issues and the Leader of the Alliance Group.
(Ref: Report by Director of Housing & Social Work dated 15 August 2002, submitted).
7. PHYSICAL ACTIVITY TASK FORCE: CONSULTATION FROM THE SCOTTISH EXECUTIVE
The Committee considered a draft Council response to the strategy for physical activity developed by the National Physical Activity Task Force. The strategy report had been circulated throughout the Council, and the views expressed on the consultation report incorporated all of the comments made in response to the circulation.
Decision
Agreed to submit the response as detailed in the report to the Scottish Executive as the Council’s response.
(Ref: Report by Head of Corporate Policy dated 15 August 2002, submitted).
4 Page 137
8. REVIEW OF AREA TOURIST BOARD STRUCTURES
The Committee considered a draft response relating to a consultation by the Scottish Executive in regard to Area Tourist Board arrangements in terms of which responses were sought by the end of August 2002.
Decision
The Committee endorsed the terms of the response to the Scottish Executive as set out in paragraph 3.4 of the Director’s report with an addition to paragraph vi to the effect that the Council recognised the contribution of the Tourist Board through provision of local tourist information centres, particularly in Oban and Rothesay.
(Ref: Report by Director of Corporate & Legal Services dated 5 August 2002, submitted).
9. COMMON FISHERIES POLICY CONSULTATION
The Council’s Policy Development Group on the Common Fisheries Policy after consultation with interested parties, prepared a response to the European Common Fisheries Policy (CFP) in August 2001. The European Commission have now published their proposed policy and the Scottish Executive have launched a final consultation on the review of the CFP, asking for comments from interested parties by 30 August 2002. The Committee considered the draft response to the consultation.
Decision
Agreed to the response as detailed in the report to the consultation on the basis of the Policy Development Group’s position and to submit it to the Scottish Executive as the view of Argyll & Bute Council.
(Ref: Report by Director of Development & Environment Services dated August 2002, submitted).
10. UCA ENERGY CONSULTANTS
The Committee considered the merits of appointing UCA Energy Consultants to conduct a review of water usage by the Council and the potential for savings in the payments made to Scottish Water.
Decision
Agreed to accept the offer by UCA Energy Consultants to review the Council’s water usage on the basis of the terms set out in the Draft Agreement with the proviso that their appointment be restricted in the first instance to a period of 12 months.
(Ref: Report by Director of Transportation & Property dated August 2002, submitted).
5 Page 138
The Committee resolved in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, to exclude the public for the following 7 items of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraphs 1 and 9, 1 and 9, 1 and 9, 1 and 9, 6 and 1 respectively Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973
11. AMENITY SERVICES DSO FINANCIAL POSITION
The Committee considered an oral report from the Commercial Operations Board on the financial position of the Amenity Services DSO Accounts for the first 3 months of the financial year for 2002/2003 including the projection to 31 March 2003.
Decision
Noted the current financial position of the DSO Accounts and the trends highlighted in the report.
(Ref: Report by Director of Development & Environment Services dated 15 August 2002, submitted.)
12. TRANSPORTATION AND PROPERTY DLO/DSO FINANCIAL POSITION
The Committee considered an oral report from the Commercial Operations Board on the trading position of the various DLO/DSO’s within Transportation & Property Services.
Decision
Noted the contents of the report.
(Ref: Report by Director of Transportation & Property Services dated August 2002, submitted.)
13. BUILDING SERVICES DLO FINANCIAL POSITION
The Committee considered an oral report fom the Commercial Operations Board on the financial performance of the Building DLO for the first quarter of the financial year.
Decision
1. Noted the current financial position and the decision of the Board that monthly updates, in addition to the normal quarterly monitoring reports be provided to the Chair of the Commercial Operations Board, Leader of the Council and the Spokesperson for Resource Issues.
2. Endorsed the short term measures being taken by the Board in regard to DLO Trading and approved the increase in current contract rates.
6 Page 139
3. Noted the tender negotiating strategy and the potential alignment implications for DLO trading.
(Ref: Report by Director of Transportation & Property Services dated August 2002, submitted and oral update by the Commercial Operations Board).
14. TERM MAINTENANCE CONTRACTS: HOUSING AND NON HOUSING PROPERTY
Progress being made in implementing the new term maintenance contracts for the Council’s housing & non-housing properties was reported.
Decision
1. Agreed to an up-lift on contract rates (as specified in the report by the Director of Housing and Social Work and Transportation and Property Services) from 5 August 2002 until 1 December 2002.
2. Noted the advice provided by the Head of Legal Services that the issue of TUPE may apply for the Mid Argyll, Kintyre & Islay Contract work.
(Ref: Joint Report by the Directors of Housing & Social Work and Transportation & Property Services dated August 2002, submitted).
15. RIVERSIDE SWIMMING POOL, DUNOON – FINAL ACCOUNT FOR CAPITAL WORKS
The capital works to improve the Riverside Pool, Dunoon were completed in August 2000 and the main contractor for the project has since been in negotiation with the Council over the amount of the final account for the development. The Committee considered a report which identified a recommended agreed amount to secure final payment and legal completion of the contract.
Decision
1. Agreed recommendations 2.1 and 2.2 as detailed in the report.
2. Agreed an alteration to the Capital Programme by substituting expenditure from the Port Askaig project 02/03 to Riverside Pool, with subsequent repayment of the amount of £170,307 to the Port Askaig project from the Development and Environment Services programme in the next financial year.
(Ref: Report by Director of Transportation & Property dated August 2002, submitted).
7 Page 140
16. ARGYLL ISLANDS AIR SERVICES
The Committee considered a report which detailed the current situation as regards the development of air services in Argyll serving the Islands, particularly those of Colonsay and Coll, using Oban as a hub, and developing flights from Oban to Glasgow.
Decision
Agreed that the Directors of Development & Environment Services and Transportation & Property proceed to develop the project, with Partners, and report further to the Strategic Policy Committee on 12 September 2002 on the technical and financial implications in order to clarify the funding arrangements prior to the European Funding deadline in October 2002.
(Ref: Report by Director of Development & Environment Services dated August 2002, submitted).
17. REVIEW OF HOME CARE SERVICES
The future shape of the Council’s Home Care Services was originally considered as part of the regime of Best Value Service Reviews carried out within the Housing & Social Work Department. The Committee considered a detailed report on the developed recommendations since that time.
Decision
1. Agreed to the terms of the review paper as attached to the report, as a basis for the Director of Housing & Social Work to take forward discussions with employees/Trade Unions/service providers and service users as appropriate.
2. Noted that reports on progress will be brought forward on a regular basis.
3. Agreed that the report be submitted to the four Area Committees with a report back to the Strategic Policy Committee.
(Ref: Report by Director of Housing & Social Work dated 23 July 2002, submitted)
Strat pol 15 aug
8 Page 141 Agenda Item 5
ARGYLL & BUTE COUNCIL COUNCIL
CORPORATE AND LEGAL SERVICES 29 AUGUST 2002
CHARLES AND BARBARA TYRE TRUST – APPOINTMENT OF GOVERNORS
1. SUMMARY
This report advises that two Governors of the Charles and Barbara Tyre Trust have completed their second terms of office and the Committee is therefore asked to make appointments to these vacancies.
2. RECOMMENDATIONS
The Council is invited to consider appointing two Governors to the Charles and Barbara Tyre Trust.
3. BACKGROUND
3.1 The Charles and Barbara Tyre Trust is operated in terms of a Statutory Scheme made in 1979 under the relevant Education (Scotland) Act. The Statutory Scheme provides for a governing body of 10 Governors to be appointed by the Council. The Governors need not be Members of the Council.
3.2 The periods of office of Governor run for three years from the date of their appointment. The Scheme also provides that a Governor may be re-appointed but can only serve for a maximum of two successive terms and thereafter must vacate office for a period of one year before becoming eligible for further re-appointment.
3.3 The current Governors are as follows:-
Name Expiry of First Term Expiry of Second Term
Mr B Robertson (Lochgilphead) March 2003 Mr D MacKinnon (Tarbert) March 2003 Mr D Walsh (Dunoon) August 2004 Mr J McKerrall (Campbeltown) August 2001 August 2004 Mrs M Smyth (Oban) August 2001 August 2004 Mr R Currie (Islay) August 2002 Mr A McKinlay (Campbeltown) August 2002 Mr J Thomson (Dunoon) March 2003 Mr A Slack (Glencoe and Nether March 2003 Lochaber) Mrs Norma Ross (Lochgilphead) March 2003
(charles&barbaratyretrust report2-Reports2002) Page 142
4. DETAIL
4.1 The situation is therefore, that the following Governors will have completed their second term of office on 1 August 2002.
(a) Mr R Currie. Mr R Currie is not eligible for re-appointment.
(b) Mr McKinlay. Mr McKinlay is not eligible for re-appointment.
5. CONCLUSION
5.1 The Committee is accordingly invited to make two Governors appointments, both of these to take effect from August 2002.
6. IMPLICATIONS
6.1 Policy - None
6.2 Financial - None
6.3 Personnel - None
6.4 Equal Opportunities - None
6.5 Legal - None
Nigel Stewart Director of Corporate & Legal Services
9 July 2002
(charles&barbaratyretrust report2-Reports2002) Page 143 Agenda Item 6
ARGYLL AND BUTE COUNCIL COUNCIL MEETING CORPORATE & LEGAL SERVICES 29 AUGUST 2002
VACANCIES ON VARIOUS OUTSIDE BODIES
1. SUMMARY
1.1 Councillor McKinlay has intimated his intention to resign from the COSLA Executive Group on Social Services & Health Improvement; The Criminal Justice Social Work Partnership Joint Committee and the Care and Repair Agency. As a result there is one vacancy on each of these bodies.
2. RECOMMENDATIONS
2.1 The Council is invited to make one appointment to each of the bodies listed below.
3. DETAIL
3.1 COSLA Executive Group on Social Services & Health Improvement
A vacancy will exist on the above Group and the Council should make one appointment. For information, Councillor McKinlay was appointed to the Group by the Council at its meeting on 13 December 2001 in his capacity as the Council’s Spokesperson for Housing, Social and Health Issues.
3.2 Criminal Justice Social Work Partnership Joint Committee
A vacancy will exist on the above Committee (which is a Joint Committee of this Council, West Dunbartonshire and East Dunbartonshire Councils) and the Council should make one appointment. For information, Councillors McKinlay and Stewart were appointed as substantive members and Councillors Stirling and McKinven were appointed as substitute members of the Committee by the Council at its meeting on the 7 February 2002.
3.3 Argyll & Bute Care and Repair Agency
A vacancy will exist on the above Committee and the Council should make one appointment. For information, Councillors McKinlay and R Currie were appointed as Directors of the Agency by the Strategy Policy Committee at its meeting on 26 April 2001.
0042DG (Reports) Page 144
4. IMPLICATIONS
Policy - In keeping with Council Policy Financial - Members Travel and Subsistence costs. Personnel - None Equal Opportunities - None Legal - None
Nigel Stewart Director of Corporate & Legal Services 16 August 2002
0042DG (Reports) Page 145 Agenda Item 7
ARGYLL AND BUTE COUNCIL COUNCIL EDUCATION 29 August 2002
EDUCATION SERVICE : REVENUE BUDGET 2002/2003
1. SUMMARY
1.1 Following completion by finance staff of the zero-based CCLS budget exercise on education service revenue funding in accordance with the agreed timetable the service budget for 2002/2003 is £1.314M above the approved estimate to deliver the service.
1.2 This paper outlines the further steps which the Director of Education now proposes to take to close the gap between the CCLS budget as reported and the agreed estimate for the service. The action plan comprises two elements, namely:
1 Proposals to undertake detailed scrutiny and interrogation of the existing budget.
2 Proposals for action in the current financial year to mitigate the effects of projected over expenditure.
2. RECOMMENDATIONS
It is recommended that members agree:
2.1 The implementation of the further proposals to scrutinise and interrogate the current education service revenue budget.
2.2 To extend the remit of the existing member officer finance monitoring group for education to monitor progress of the project group as detailed in paragraph 3.1.4.
2.3 The savings and actions identified for financial year 2002/2003 be agreed.
2.4 The outcomes inform the budget processes for financial year 2003/2004.
ACM/RG/SJK/I/committee/spc/15aug02/aug 1 Page 146
3. DETAIL
3.1. PROPOSALS TO UNDERTAKE DETAILED SCRUTINY AND INTERROGATION OF THE EXISTING BUDGET
3.1.1 In essence, the current budget is built on a structure laid down by the former regional council and this has been amended and adjusted over time in the light of the pressures faced by, and needs identified within, Argyll and Bute.
3.1.2 Following the zero-based budget exercise, the opportunity should now be taken to scrutinise, interrogate, challenge and reconsider the basis on which the budget for the education service is built up; to answer questions on why services are delivered at the current level; to ascertain whether the services can be delivered effectively at lower cost and to identify a series of policy choices for consideration by members.
3.1.3 It is proposed that the Head of Support Services in education should convene and lead a core team which will, over the period August 2002 to January 2003, critically examine the following key aspects of service provision, - pre school, primary, secondary, special educational needs and community education as well as associated support services including transport, cleaning, catering and janitorial services and hostels.
3.1.4 Membership of the core team will comprise
The head of support services R Gould
An external adviser from outwith Argyll and Bute A McNish *
A head of service from Housing and Social Work D MacVicar
A representative from Education G Higgins
A representative from Finance S MacDonald
This core team will be supplemented by expert witnesses from the areas of service being scrutinised, for example
Primary education – 1 secondary head teacher and 2 primary head teachers
Secondary education – 1 primary and 2 secondary head teachers
Special education – 1 head teacher from a mainstream school, 1 from a mainstream school with integrated learning centre and 1 from the special sector.
* To be confirmed
ACM/RG/SJK/I/committee/spc/15aug02/aug 2 Page 147
3.1.5 The scrutiny team (core team and expert witnesses) will draw up a task specification and template for each service area, taking account of CIPFA and council guidance. This will include the following elements
- Why is the service provided? - What does the service comprise? - How is the service currently configured and why? - A study of benchmarking information - An evaluation of statutory requirements and relevant service guidance - Consideration of alternative forms of service delivery - A critical examination of costs
The scrutiny team will be supported from the outposted finance team based in Argyll House as agreed between the relevant heads of service in education and finance.
3.1.6 As project leader, the Head of Support Services will ensure that reports will be provided for consideration by the Education Finance Monitoring Group in the schedule of meetings to be held between August 2002 and January 2003. The Education Finance Monitoring Group will consider any implications for the Council’s revenue budget process and make recommendation as appropriate.
3.1.7 The Director of Education will make adjustments to the current remits of the Heads of Service in education to enable this work to be taken forward as a priority and reports on progress will be made to the Strategic Policy Committee.
3.2 PROPOSALS FOR ACTION TO MITIGATE THE EFFECTS OF PROJECTED OVER EXPENDITURE
3.2.1 These proposals contain two elements
- Savings to be implemented by education in the current financial year
- Compensating adjustments from overall council finances in the current financial year
3.2.2 A potential requirement to reduce expenditure in the current financial year by £1.314M would seriously compromise education’s capacity to deliver its services effectively or efficiently. In real terms, with only six months of the financial year remaining, delivering a reduction in expenditure of the amount outlined would be a daunting task of unprecedented magnitude.
3.2.3 Examination of existing commitments has identified the following areas of service where savings can be made. These include:
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The following savings can be made to the existing budget. They would lead to a worsening of the current difficulties we face with regard to McCrone and to the quality of our school buildings. The majority of the savings are of a “one off” nature which cannot be repeated. The proposals are made in order of priority.
1. Utilise £400,000 of current £600,000 savings (£200,000 already utilised for finance team) £400,000
2. Capitalise £176k of Building Improvements Costs subject to suitability of expenditure. £176,000
3. Transfer of funding from Social Work re cleaning/catering £70,000
4. Pre 5 Service (£60,000 accrual from 2001-2002) £60,000
5. Teachers’ Staffing (class reduction teachers) £100,000
6. Support staff (partial allocation only to secondary schools) £70,000
7. Unanticipated accrual (Com Ed) £32,000
8. Substitute part of additional Science Grant £45,000
9. Substitute part of additional CPD Grant £40,000
10. Hold vacant central Pre 5 post until March; part year costs of other existing vacancies £60,000
11. Substitute Excellence Funding to cover existing EDSO post £30,000
12. LPG minibus savings – part year savings £5,000
13. Reduce activities budgets £22,000
Total £1,110,000
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Notes
1. The Education Service has a £600,000 savings built into the Capital Programme. £200,000 is earmarked to pay for the finance team. It is proposed that the remaining £400,000 be set against the target.
2. An additional grant of £576,000 has been received from SEED to improve school buildings. £400,000 is required for the NPDO team costs. £176,000 can be obtained by the transfer of property maintenance to capital releasing this sum as a revenue saving.
3. The Strategic Policy Committee agreed that Social Work would take responsibility for their own cleaning and catering. The management costs they previously contributed to requires to be borne largely by Education and a transfer of £70,000 has been agreed. The budget preparation did not take account of this transfer and consequently it can be offered as a saving.
4. In the Pre 5 Service a development grant of £60,000 was accrued from financial year 2001/2002. These monies were only received in March 02 thus not giving any time to prepare a spending plan. The Scottish Executive gave permission to carry these forward. This unanticipated sum being offered as a saving would not have an immediate impact on the Service.
5. One of the aspects of the Excellence Fund which was moved into grant aided expenditure was funding for class size reduction teachers in Primaries 1 to 3. As a result of very careful management it is possible to offer a £100,000 saving.
6. The allocation of additional support staff to secondary schools has not yet been implemented. It is proposed that secondary schools receive only part of this allocation in this financial year thereby providing a budget saving of £70,000.
7. Community Education have a year end accrual of £32,000 from 2001/2002. It is proposed that this be used as a saving rather than as an increased expenditure in this financial year.
8. An additional grant of £107,000 has been received to support Science Education. Agreement has already been reached with secondary heads to utilise this money to support two Science Probationer Teachers and release staff to rewrite the S1/S2 Science Programme. A saving can be achieved from the remainder of this money which would have been issued to schools.
9. Continuing Professional Development is an integral element of the McCrone Agreement. National agreement is however proceeding very slowly. It is therefore proposed to set part of the resource allocation of £140,000 against an existing EDSO salary and achieve a saving of £40,000.
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10. The budget for 2002/2003 contains provision for a number of posts which have been held vacant. These require to be filled but the part year costs to date are available. It is also proposed that the second Pre 5 Development Officer post remain vacant until the new financial year. A saving of £60,000 in total is possible.
11. The Excellence Fund plan for 2002/2003 will be adjusted to include the cost of an EDSO who will manage the programme.
12. Agreement to replace minibuses with LPG powered vehicles will reduce fuel costs by approximately £15,000 in a full year. Part year costs are only possible this year so the target is £5,000.
13. An activities budget exists to support schools undertake curricular enrichment opportunities. It assists young people who have disadvantaged financial backgrounds participate in out of school activities. For this year only it is proposed that this budget be cut by 50%.
4. CONCLUSIONS
4.1 Establishing the relevant and appropriate budget for the education service is a two stage process.
4.2 The first stage, the carrying out of a zero-based CCLS exercise, has been completed and a service revenue budget book for 2002/2003 issued. Significant adjustments to expenditure have been proposed for the current financial year.
4.3 The second stage, arguably the more critical, is to undertake a detailed scrutiny of the patterns of education service delivery and associated expenditure with a view to informing more effectively the education service budget planning and preparation process for 2003/2004 and subsequent years.
4.4 This two stage process will identify a range of policy choices to be considered by elected members and subsequently establish the baseline levels of financial commitment to the education service to be made by the council for the following years.
5. IMPLICATIONS
Policy: The actions proposed are consistent with the council’s commitment to Best Value and Service Improvement.
Financial: The education service will reduce expenditure in the current financial year by £1,110,000. The Director of Education will examine all aspects of the current operation to ensure budgeting stringency. ACM/RG/SJK/I/committee/spc/15aug02/aug 6 Page 151
Personnel: No redundancies are anticipated. The recommendations arising from the scrutiny exercise may require re-examination of the staffing standards currently implemented by the education service.
Equal opportunities: The council’s policies will continue to be implemented.
Legal: The statutory requirements placed on the education service will continue to be met.
Archibald C Morton Director of Education August 2002
Members wishing further information should contact Archibald C Morton, Director of Education, Argyll House, Alexandra Parade, Dunoon, Argyll PA23 8AJ: Telephone 01369 70 4000.
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