COMMITTEE MINUTES

6 November 2013

10 September Cabinet 1 - 8 11 September Scrutiny and Petitions Committee 9 - 11 12 September Kilwinning Area Committee 12 - 17 17 September Audit Committee 18 - 19 25 September Cabinet 20 - 27 25 September Local Review Body 28 - 29 25 September Kilwinning Area Committee 30 - 31 25 September Irvine Area Committee 32 - 33 26 September Ardrossan and Arran, Saltcoats and Stevenston Area 34 - 36 Committee 2 October Licensing Committee 37 - 47 3 October North Coast Area Committee 48 - 54 4 October Planning Committee 55 - 56 8 October Cabinet 57 - 60 9 October Scrutiny and Petitions Committee 61 - 66 10 October Garnock Valley and West Kilbride Area Committee 67 - 70 10 October Irvine Area Committee 71 - 72 11 October Appeals Committee 73 - 74 21 October Ardrossan and Arran, Saltcoats and Stevenston Area 75 - 76 Committee 23 October Planning Committee 77 - 82 24 October North Coast Area Committee 83 - 84 24 October Irvine Area Committee 85 - 88

(copies enclosed)

North Ayrshire Council, Cunninghame House, Irvine KA12 8EE North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Cabinet 10 September 2013

Irvine, 10 September 2013 - At a meeting of the Cabinet of North Ayrshire Council at 2.30 p.m. in Cunninghame House, Irvine.

Present Willie Gibson, Alan Hill, John Bruce, Marie Burns, Tony Gurney and Alex McLean; G. Smith (Teaching Representative); and E. Hawthorn and D. Flynn (Youth Representatives).

In Attendance E. Murray, Chief Executive, C. Kirk, Corporate Director, M. Docherty, Head of Education (3-18), S. Quinn, Head of Service Development and A. Sutton, Head of Community and Culture (Education and Skills); I. Colvin, Corporate Director, S. Gault, Head of Children, Families and Criminal Justice and A. Adrain, Interim Head of Housing (Social Services and Health); Y. Baulk, Head of Finance and Property, G. Macgregor, Head of Human Resources and Organisational Development, T. Burns, Asset Manager and T. Reaney, Procurement Manager (Finance and Corporate Support); R. McCutcheon, Head of Environment and Related Services and A. Laurenson, Team Manager (Regeneration) (Development and Environment); and K. Dyson, Communications Officer and M. Anderson, Committee Services Officer (Democratic and Administration Services) (Chief Executive's Service).

Chair Councillor Gibson in the Chair. Apologies for Absence Anthea Dickson and Church Representatives E. Higton, M. Fraser and Very Reverend M. Canon McManus.

1. Declarations of Interest

There were no declarations of interest by Members in terms of Standing Order 16 and Section 5 of the Code of Conduct for Councillors.

2. Minutes

The accuracy of the Minute of the meeting of Cabinet, held on 27 August 2013, was confirmed and the Minutes signed in accordance with paragraph 7(1) of Schedule 7 of the Local Government (Scotland) Act 1973.

Page 1 1 3. North Ayrshire's Response to "Language Learning in Scotland: A 1+2 Approach"

Submitted report by the Corporate Director (Education and Skills) which (a) reported on the "Language Learning in Scotland: A 1+2 Approach" report which takes forward the Scottish Government's Manifesto commitment to create the conditions in which every child in Scotland will learn two languages in addition to their own mother tongue; (b) outlined the Council's response in terms of language learning provision in North Ayrshire primary and secondary schools; and (c) advised of the planned establishment of a Language Learning Steering Group, consisting of appropriate professionals, to ensure local implementation of the advice offered by The National Implementation Group on language learning.

Members asked questions, and received clarification, on the following:-

 the role of the Development Officer; and  whether teachers are responding positively with regard to their expected involvement in the delivery of language learning.

The Cabinet agreed to (a) approve North Ayrshire's response to "Language Learning in Scotland: A 1+2 Approach as set out within the report; and (b) note that further progress reports will be submitted to the Cabinet in due course.

4. Confucius Classroom

Submitted report by the Corporate Director (Education and Skills) which (a) provided information on the aim of the Confucius Classroom Strategy to ensure that Scotland is well placed to respond to the opportunities arising from the growth of China as an economic power; and (b) advised on proposals to expand and deepen Scotland's educational links with China by continuing to strengthen and further develop the Confucius Classroom.

Members asked questions, and received clarification, on the following:-

 the level of Chinese language learning delivered in school; and  the scope for students to progress from access level to study the Chinese language at university.

The Cabinet agreed to (a) approve the proposal to expand and deepen Scotland's educational links with China by continuing to strengthen and further develop the Confucius Classroom; and (b) note that further progress reports will be submitted to the Cabinet in due course.

Page 2 2 5. Teaching Scotland's Future: Development of a Teaching Hub

Submitted report by the Corporate Director (Education and Skills) which (a) summarised the background to the teaching hub approach; (b) outlined progress made in the development of a teaching hub in partnership with the University of Glasgow; and (c) detailed plans for session 2013/14.

Members asked questions, and received clarification, on how teachers are responding to the responsibilities associated with the teaching hub approach.

The Cabinet agreed to (a) note the content of the report; and (b) receive further reports in due course.

6. Scottish Qualification Authority (SQA) Examination Results 2013

Submitted report by the Corporate Director (Education and Skills) which (a) summarised the overall performance of North Ayrshire schools in the Scottish Qualification Authority (SQA) examinations of 2013; and (b) set out detailed information in relation individual schools, as contained in the appendices to the report.

Members asked questions, and received clarification, on the likelihood of improved performance at SCQF level 6 in 2014.

The Cabinet agreed (a) to note the content of the report and the achievements of the pupils in this year's SQA examinations; and (b) that a further report be submitted to the Cabinet in due course on performance in the 2014 diet of SQA examinations.

7. Flexibility of P2/P3 Class Size

Submitted report by the Corporate Director (Education and Skills) which (a) provided background information on delegated authority provided to officers to exceed the class size maxima set by Council on a temporary basis for certain Primary 2 and or Primary 3 classes at particular schools; and (b) gave details of the five primary schools, out of a total of 53 primary schools in North Ayrshire, where class sizes at Primary 2 and Primary 3 have exceeded the class size maxima set by Council.

Noted.

The Teaching Representative and Youth Representatives left the meeting at this point.

Page 3 3 8. Nuclear Decommissioning Authority Funding

Submitted report by the Corporate Director (Development and Environment) which (a) provided information on attempts to secure funding from the Nuclear Decommissioning Authority Socio Economic Fund; and (b) set out the Council's future approach to the response to decommissioning activity and the associated pursuit of funding, including the proposed formation of a Response to Nuclear Decommissioning Steering Group.

Members asked questions, and received clarification, on the number of Nuclear Decommissioning Authority representatives to be appointed to the Steering Group.

The Cabinet agreed to (a) note the outcome of applications to the Nuclear Decommissioning Authority Socio Economic Fund; (b) the formation of a Response to Nuclear Decommissioning Steering Group, chaired by the Council and comprising those representatives set out at Section 3.1 of the report, subject to an amendment providing for 1 Nuclear Decommissioning Authority representative and 1 representative of Magnox; and (c) recommend to the Council that the Portfolio holder for Economy and Employment be appointed to serve on the Steering Group as its Chair.

9. Consultation on the National Litter Strategy

Submitted report by the Corporate Director (Development and Environment) which (a) advised on the main discussion themes and proposals within the Scottish Government consultation on a proposed National Litter Strategy; and (b) set out a proposed response by the Council to the consultation paper.

The Cabinet agreed to (a) note the key proposals from the Scottish Government’s consultation report; (b) approve the draft response to the questions posed in the paper as detailed in Appendix 1.

10. Consultation on the Marine Litter Strategy

Submitted report by the Corporate Director (Development and Environment) which (a) advised on the main discussion themes, Strategic Directions and actions within the Scottish Government consultation on a proposed National Litter Strategy; and (b) set out a proposed response by the Council to the consultation paper.

Members asked questions, and received clarification, on the type of measures required for beaches to achieve Blue Flag status.

The Head of Environment and Related Services undertook to brief the Portfolio Holder for Environment and Infrastructure further on the factors taken into consideration in the awarding of Blue Flag status to beaches.

Page 4 4 The Cabinet agreed to (a) note the key proposals from the Scottish Government’s consultation report; (b) approve the draft response to the questions posed in the paper as detailed in Appendix 1.

11. Fullarton Community Association - Land Transfer

Submitted report by the Corporate Director (Education and Skills) on progress made in finalising the business plan for Fullarton Community Association, to enable a final determination to be made in respect of the proposed land transfer.

Members asked questions, and received clarification, on the support provided by the Council to the community of Fullarton.

The Cabinet agreed (a) to record its appreciation of the significant work undertaken by members of community of Fullarton and officers of the Council in taking forward this project; (b) to transfer the community centre and the land shown at Appendix 1 to the report to Fullarton Community Association, subject to the conditions set out at Section 3.1 of the report; and (b) that Small Town and Rural Development Group (STAR) be commissioned to continue with the local action planning process in the Fullarton area.

12. Procurement Overview

Submitted report by the Corporate Director (Finance and Corporate Support) which (a) provided an update on progress in improving the Council's procurement practices; and (b) gave information on national and local procurement issues, including the National Procurement agenda and the annual Procurement Capability Assessment within the Council.

Members asked questions, and received clarification, on measures to continue to increase the percentage of Council spend with local suppliers.

The Cabinet agreed to (a) note the report; and (b) receive a further report in six months.

13. Surplus Property - Prospect House, Whiting Bay, Isle of Arran

Submitted report by the Corporate Director (Finance and Corporate Support) on the proposed disposal of the residential property known as Prospect House, Whiting Bay, Isle of Arran which was declared surplus by the former Education Executive in November 2009.

Members asked questions, and received clarification, on the impact of the economic climate and the condition of the property on its current market value.

Page 5 5 The Cabinet agreed to approve the disposal of Prospect House, Whiting Bay, Isle of Arran, for the consideration of £120,000.

14. Strategic Housing Investment Plan 2013-2018

Submitted report by the Corporate Director (Social Services and Health) which (a) advised on a number of recent developments, including the impact of increased subsidy levels for affordable housing on future financial planning; (b) sought approval of the draft Strategic Housing Investment Plan 2013-2018 for submission to the Scottish Government.

Members asked questions, and received clarification, on the following:-

 the complexity of the information presented;  the Council's capacity to deliver on its slippage programme in the event of further funding becoming available;  whether the Council itself might have been in a position to develop the Stanley Road, Ardrossan site had it retained ownership of the land; and  Cunninghame Housing Association's current house building activities in North Ayrshire.

The Cabinet agreed to approve the submission of the Strategic Housing Investment Plan 2013-2018 set out at Appendix 1 to the Scottish Government.

15. Housing Need and Demand Assessment: Isle of Arran and Isle of Cumbrae

Submitted report by the Corporate Director (Social Services and Health) which (a) gave an overview of independent research recently undertaken to assess Housing Need and Demand on the Isles of Arran and Cumbrae; and (b) sought approval to use the research findings for strategic planning purposes.

Members asked questions, and received clarification, on the difference between the small shortfall in the number of housing units on Cumbrae compared with the significant issue in terms of the availability of suitable housing to meet the needs of older people and those with disabilities on the island

The Cabinet agreed to approve the findings of the Housing Needs and Demand Assessment: Isle of Arran and Isle of Cumbrae for strategic planning purposes.

16. Whole Systems Approach

Submitted report by the Corporate Director (Social Services and Health) which (a) provided details of a number of key strands within the Whole Systems Approach designed to reduce re-offending by young people; and (b) summarised the current position relating to the locally implemented Whole System Approach.

Page 6 6 Members asked questions, and received clarification, on the need to publicise the effectiveness of the Whole Systems Approach.

The Cabinet agreed to (a) note the information provided in the report; and (b) approve the continued development of this strategy as an approach to best meet the needs of young people who offend and the community within which they live.

17. Change Programme: Progress as at 31 July 2013

Submitted report by the Chief Executive on the continuing good progress of the Change Programme as at 31 July 2013, including the activity in relation to the Social Services and Health and Education and Skills change programmes, work on Bridgegate House, the Transport Business Case, Customer Services work and a number of other initiatives currently under review.

Members asked questions, and received clarification, on the following:-

 whether the Council's approach to Senior Phase and Post 16 Education is likely to meet the Scottish Government's expectations in terms of the delivery of vocational qualifications;  the effectiveness of the Council's print management solution; and  the current approach to encouraging the public to direct their enquiries through the Council's website rather than the telephone contact centre.

The Corporate Director (Education and Skills) undertook to provide the Cabinet with a copy of a Curriculum for Excellence Senior Phase Strategy paper.

Noted.

18. Section 10 Social Work (Scotland) Act - Small Grants

Submitted report by the Corporate Director (Education and Skills) on recent Section 10 Social Work (Scotland) Act grant awards to support the work of local and national organisations that offer a direct service in support of community development across North Ayrshire, as detailed in Appendix 1 to the report.

Members asked questions, and received clarification, on measures to ensure that the availability of funding is publicised across North Ayrshire.

Noted.

Page 7 7 19. Maximising Attendance Performance – Quarter 1 Summary, April to June 2013

Submitted report by the Corporate Director (Finance and Corporate Support) which (a) provided an analysis of sickness absence and cumulative days lost in Quarter 1 2013; (b) gave comparative figures for the same period in 2012/13; and (c) offered details of the cost of sickness absence, the use of occupational health services and the causal factors of absence.

Noted.

20. Procurement EU Tender Plan - 2013/14

Submit report by the Corporate Director (Finance and Corporate Support) which (a) presented an EU procurement tender plan for the remainder of Financial Year 2013/14; and (b) requested approval for the fifteen requirements listed at Appendix 1 to the report.

Members asked questions, and received clarification, on the potential for splitting some larger contracts into framework agreements or lots to facilitate bidding by smaller local businesses.

The Cabinet agreed to invite tenders for the supplies, services and works listed in the plan at Appendix 1 to the report.

21. Education Attainment and Achievement Policy Board: Minutes of Meeting held on 12 August 2013

Submitted report by Corporate Director (Education and Skills) on the Minutes of the Meeting of the Education Attainment and Achievement Policy Board held on 12 August 2013.

Noted.

22. Housing Revenue Account Business Plan Implementation Group: Minutes of Meeting held on 13 August 2013

Submitted report by Corporate Director (Social Services and Health) on the Minutes of the Meeting of the Housing Revenue Account Business Plan Implementation Group held on 13 August 2013.

Noted.

The meeting ended at 4.25 p.m.

Page 8 8 Scrutiny and Petitions Committee 11 September 2013

IRVINE, 11 September 2013 - At a Special Meeting of the Scrutiny and Petitions Committee of North Ayrshire Council at 10.30 a.m.

Present John Hunter, Alex Gallagher, Robert Barr, Catherine McMillan, Alan Munro and Joan Sturgeon. Also Present J. Cullinane, A. Hill, J. Montgomerie and P. McNamara. In Attendance A. Fraser, Head of Democratic and Administration Services (Chief Executive's Services); J. Miller, Senior Manager (Planning, Transportation and Regeneration) (Development and Environment); and A. Little, Committee Services Officer (Chief Executive's).

Chair Councillor Hunter in the Chair. Apologies for Absence Matthew Brown.

1. Declarations of Interest

There were no declarations of interest by Members in terms of Standing Order 16 and Section 5 of the Code of Conduct for Councillors.

2. Call In Request: Consultation on a Proposed Members' Bus Regulation (Scotland) Bill

Submitted report by the Chief Executive on the decision taken by the Cabinet at its meeting on 27 August 2013 on the prepared response to the consultation on a proposed Bus Regulation (Scotland) Bill.

At its meeting on 27 August 2013, the Cabinet received a report by the Corporate Director (Development and Environment) which (a) set out the key elements of the draft Private Member's Bus Regulation (Scotland) Bill; and (b) provided a proposed consultation response from the Council, as contained in Appendix 1 to the report (Appendix A). The Cabinet agreed to approve the proposed consultation response contained in Appendix 1 to the report, to be submitted on behalf of North Ayrshire Council prior to the consultation deadline of 30 August 2013. The deadline has now been extended to 11 October 2013.

Page 9 9 Subsequently, the undernoted Call In Request was received from Councillors Cullinane, McNamara and Montgomerie in the following terms:-

"The consultation response outlines a number of ways in which the Bill will benefit the people of North Ayrshire however concludes that on the grounds of potential costs to the council and bus operators we should oppose it. The consultation document outlines key questions one of which deals with the impact the bill may have on your organisation. Issues surrounding cost, which should be dealt with in the drafting of the legislation which will take place after the consultation, should be dealt with under this question. Cost concerns are not a primary reason for rejecting the principles of the bill and not supporting it. We agree with much of the response which does not reflect the conclusion".

The desired outcome specified by Councillors Cullinane, McNamara and Montgomerie was as follows:- "That the committee consider the conclusion reached in the councils response and recommend support for the bill whilst noting cost concerns within the appropriate section (key question)".

Councillors Cullinane, McNamara and Montgomerie addressed the Committee in support of the Call In Request. Councillor Cullinane outlined the main proposal of the Bill which is to provide Transport Authorities with greater control over failing unregulated bus services in their area by enabling Authorities to regulate how these services are delivered through franchises. The Transport Authorities would be able to:-

 'Bundle’ profitable and non-profitable routes and franchise them as a package;  Set a minimum level of service within the franchise agreed with the operator; and  Use Local Authority fleets to provide socially useful services where there are gaps in provision.

The proposed Bill would also introduce new powers for the Traffic Commissioner to impose financial penalties on operators who do not meet the terms of franchises. Transport Authorities will also be able to seek redress for the cost of re-tendering routes where operators have walked away from franchise agreements.

Councillor Cullinane advised that cuts have been made in services within North Ayrshire as a result of routes not being economically attractive to companies. Bus services in London were privatised but not deregulated and are amongst the best in Europe. Strathclyde Partnership for Transport (SPT) have not made use of Quality Contracts that allow routes, service quality and fares to be decided by an authority if it can demonstrate that a Quality Contract is necessary for the success of local transport policies. The draft Bill would allow North Ayrshire to have greater control over the removal of any services and on how bus services are run.

Page 10 10 No financial costings are available at this stage, but the responses approved by the Cabinet to Question 1 and 8 of the consultation rejects the proposed Bill on the basis of cost. The responses provided to the consultation will inform a Members' Bill proposal to be put before Parliament later in 2013 and a properly costed Bill would be prepared. Councils would then be in a position to consider the financial implication for reregulation of bus services.

Councillors Cullinane, McNamara and Montgomerie advised that the responses agreed by Cabinet to Question 2 - 7 of the consultation were not disputed. The responses to Questions 1 and 8 were disputed.

Councillor Hill was also present as a member of Cabinet. In response he advised that the draft Bill would have serious financial implications for the Scottish Government and the Council. The draft Bill is uncosted and as a result of the unknown financial position it is not possible to support the consultation. In addition he commented that it is the view of SPT that reregulation would be price prohibitive.

Councillor Gallagher, seconded by Councillor Munro moved that the Committee agree to recommend to the Cabinet that the Council's response to the consultation on a Proposed Member's Bus Regulation (Scotland) Bill be as follows:-

Questions 2 - 7

The responses should read as those agreed by the Cabinet.

Question 1 - Do you support the general aim of the proposed Bill? Please indicate 'yes/no/undecided' and explain the reasons for your response.

The response should read - "Yes, whilst recognising that further work will have to be undertaken with our partners on the likely financial consequences and how the proposals can be economically delivered ."

Question 8 - Do you have any other comments to suggestion that is relevant to the need for or detail of this Bill?

The response should read - "The Council does support the proposed Bus Regulation (Scotland) Bill and acknowledges that further investigation will be required in relation to the likely financial implications".

There being no amendment, the motion was carried.

Accordingly, the Committee agreed to recommend to the Cabinet that the consultation response be amended in respect of Question 1 and 8 as detailed above.

The meeting ended at 11.05 a.m.

Page 11 11

Kilwinning Area Committee 12 September 2013

KILWINNING, 12 September 2013 - At a Meeting of the Kilwinning Area Committee of North Ayrshire Council at 2.00 p.m.

Present John Ferguson, Joe Cullinane, Donald Reid and Robert Steel.

In Attendance M. Docherty, Head of Service (Education 3-18), F. Rodman, Senior Manager (Early Years and Childcare), A. Train, Head Teacher (Kilwinning Early Years Centre), J. McHarg, Community Engagement Manager (Community Development Team) and B. Anderson, Performance/Grants Information Officer (Education and Skills); C. Forsyth, Team Manager, Transportation, Development Planning Service (Development and Environment); and D. McCaw, Committee Services Officer (Chief Executive's Service). Also In Attendance Station Commander M. Gallacher (Scottish Fire and Rescue Service). Chair Councillor Ferguson in the Chair.

1. Declarations of Interest

In terms of Standing Order 16 and Section 5 of the Code of Conduct for Councillors, Councillor Reid declared a non-pecuniary interest in Urgent Agenda Item 11.1 (Community Development Grants Scheme and Local Youth Action Fund: Application for Financial Assistance) and took no part in the determination of the application from Kilwinning Community Events.

2. Minutes

The accuracy of the Minutes of (i) the previous ordinary meeting of the Committee held on 13 June 2013; and (ii) the Special Meeting held on 28 June 2013, was agreed and the Minutes signed in accordance with paragraph 7(1) of Schedule 7 of the Local Government (Scotland) Act 1973.

3. Community Planning

3.1 North Ayrshire Community Planning Partnership (CPP) Board: Minutes of Meeting held on 13 June 2013

Submitted report by the Chief Executive on the meeting of the North Ayrshire Community Planning Partnership (CPP) held on 13 June 2013.

Page 12 12 Councillor Steel, as a representative of the Community Planning Partnership Board, gave an update to the meeting and highlighted the priority of the Board in terms of employment within North Ayrshire.

Noted.

3.2 Police Scotland

Submitted report by Police Scotland detailing statistical information on crimes reported and detected in the Committee's area during the period 1 June to 31 July 2013. The report provided comparative information from 2011/12 and highlighted a number of crimes that had taken place in the Committee's area, and a range of events which involved local officers.

Noted.

3.3 Scottish Fire and Rescue Service

Submitted report by Scottish Fire and Rescue Service on activity within the Kilwinning area from 1 July to 1 September 2013.

Information was provided on:-

 the ongoing concern that accidental dwelling fires are mainly attributed to members of the public cooking while under the influence of alcohol or drugs;  commercial waste refuse fires at the rear of shops in the Town Centre area;  the success of the multi agency approach taken in relation to secondary fires in the Dubbs Road, Longford Avenue and Nethermains areas of Kilwinning;  deliberate derelict building fires;  false alarms and other special services;  the success of the Eglinton Country Park fun day initiative involving Police Scotland and the Park Ranger Service;  the work being put in place in the lead up to Bonfire night through schools liaison, the campus officers and local Councillors to encourage organised displays throughout North Ayrshire; and  the open doors day and charity car wash scheduled to take place at Kilwinning Fire Station on Saturday 14 September.

Members asked questions and were provided with information in relation to:-

 other special services offered by the Fire and Rescue Service; and  the euro bin containers for commercial waste at the rear of the Town Centre shops.

Noted.

Page 13 13 4. Kilwinning Early Years Centre: Education Scotland Report

Submitted report by the Corporate Director (Education and Skills) on the Education Scotland Report in respect of the Kilwinning Early Years Centre.

The inspection, undertaken in May 2013, covered key aspects of the work and effectiveness of the Centre, the quality of the learning and teaching, the support provided to families in Kilwinning Early Years Centre, children's achievements, the environment for care and learning and the processes in place for self-evaluation.

The HM Inspectors' report was published on 18 June 2013 and identified a significant number of key strengths and one area for improvement, which has been agreed between Education Scotland, the Centre and the Education Authority, as detailed in the report. In consultation with the Senior Manager Early Education and Childcare and staff, the Head of Centre has put plans in place to incorporate the recommendation of the Education Scotland report in the Centre's Improvement Plan. The Centre, and the Authority, will build on the strengths identified in the inspection report and work together to address the recommendation identified. In terms of follow-through, HMIE will make no further visits given the high level of confidence in the Centre to continue its improvement journey and, due to the innovative practice identified during the inspection, would like to explore this further and share it with others.

The Committee (a) asked that the Head of Centre pass on its congratulations to the staff within the centre; (b) noted (i) that in terms of follow-through, HMIE will make no further visits given the high level of confidence in the Centre to continue its improvement journey; (ii) that due to the innovative practice identified during the inspection, HMIE would like to explore this further and share with others; and (iii) the steps taken to address the key point for action.

5. Whitehirst Park: Wetland Area

Submitted report by the Corporate Director (Development and Environment) giving an update on progress in relation to the wetland area to the front of Whitehirst Park, Kilwinning.

Environmental and Related Services have confirmed that the boundary fence erected around the wetland area is intended to prevent very young children from accidentally running into this area, rather than preventing older children who are intent on entering the area. The height and type of fencing necessary to prevent access by older children would be out of keeping with the surroundings and expensive to construct and maintain.

Transport Scotland have confirmed that the existing gully connection(s) on Stevenston Road still require to be checked with dye before a solution to the problem can be identified. They do not have a date from Scotland TranServ for when this work will be carried out but will continue to press them regarding this issue.

Page 14 14 The Committee agreed to (a) note the progress in relation to altering drainage on the A738 which is affecting the area; and (b) invite a representative from Transport Scotland / Scotland TranServ to attend a future meeting of the Committee to give a presentation on this issue.

6. Corsehill Community Association (Love Memorial Hall)

Submitted report by the Corporate Director (Education and Skills) on the history of the Association and detailing the current support given to the Corsehill Community Association by the Community Development Team within Education and Skills.

Corsehill Community Association is an independent unincorporated charitable organisation who own and manage the Love Memorial Hall, a community facility which provides accommodation and support to a wide range of community organisations and groups. The Association have requested support in order to enable them to keep the facility open in terms of entering into a service level agreement similar to that enjoyed by other Community Associations within SIMD areas. There is, however, currently no funding provision available for an additional service level agreement and the current agreements have been reduced by 10% each year for the next 3 years.

Community Development Officers have assisted the Association with the preparation of grant applications to North Ayrshire Council and Awards for All. Some of these applications are still in the process of being determined but, if successful, may assist the Association to maintain their current services.

Looking to the longer term for the Association, costs are rising and the ability to raise income is affected by high levels of unemployment, long term ill-health, lone parent families, child poverty and poor qualifications within the community. These circumstances threaten the financial viability of the hall through the reduction of income from letting.

Community Development Officers will continue to assist the group with the identification of funding to meet revenue and capital expenditure. In addition, it is proposed that a full audit of the Association's capacity to manage, finance and maintain the hall be undertaken with recommendations being made to the Committee in the form of an Action Plan.

The Committee agreed that (a) following completion of the audit, the Corporate Director (Education and Skills) prepare an update report for consideration of the Committee; and (b) that the Clerk make arrangements for a Special Meeting to allow consideration of the update report prior to the next ordinary meeting of the Area Committee.

Page 15 15 7. Community Development Grants Scheme and Local Youth Action Fund: Applications for Financial Assistance

Submitted report by the Corporate Director (Education and Skills) on applications for financial assistance received in respect of the Community Development Grants Scheme and the Local Youth Action Fund.

An update was also provided to the Committee in relation to the Burgh and Landward elderly grant allocations and on the ongoing boundary issue with regard to these areas.

The Committee agreed to make the following awards:-

Community Development Grants

Organisation Award Multiple Sclerosis Society - Kilwinning Branch £ 500

Local Youth Action Fund

Organisation Award Corsehill Community Association £2,000

8. Street Naming: Residential development adjacent to Redstone Avenue, Kilwinning

Submitted report by the Corporate Director (Development and Environment) on the naming of two streets within a new housing development adjacent to Redstone Avenue, Kilwinning.

The Committee agreed (a) to name the two streets (i) Redstone Wynd and (ii) Fir Tree Place; and (b) that the Clerk, on behalf of the Committee, issue a letter of thanks to Corsehill Primary School in connection with their street naming suggestions and advising of the successful names chosen.

9. Date and Venue of Next Meeting

The next meeting of the Kilwinning Area Committee will be held on 31 October 2013 at 2.00 p.m. in Kilwinning Library.

10. Future Agenda Items

The Committee agreed that the following item be added to the Agenda for the next meeting of the Committee:-

 Eglinton Country Park: Update Report

Page 16 16 11. Urgent Items

The Chair agreed that the undernoted item be considered as a matter of urgency to allow the request to be processed timeously.

11.1 Community Development Grant Scheme and Local Youth Action Fund: Application for Financial Assistance

The Committee agreed to make an award of £2,000 to Kilwinning Community Events from the Local Youth Action Fund.

The Meeting ended at 3.10 p.m.

Page 17 17 Audit Committee 17 September 2013

IRVINE, 17 September 2013 - At a Special Meeting of the Audit Committee of North Ayrshire Council at 11.00 a.m.

Present Peter McNamara, Ruth Maguire, Tom Marshall, Catherine McMillan, and Robert Steel.

In Attendance L. Friel, Corporate Director and Y. Baulk, Head of Finance and Property (Finance and Corporate Support; and M. Anderson, Committee Services Officer (Chief Executive's Service). Also In Attendance P. Craig, F. Mitchell Knight and S. Boyd, Audit Scotland. Chair Councillor McNamara in the Chair. Apologies for Absence John Bruce, David O'Neill

1. Declarations of Interest

There were no declarations of interest by Members in terms of Standing Order 16 and Section 5 of the Councillors Code of Conduct.

2. Audit Scotland Report - Review of Main Financial Systems 2012-13

Submitted report by the Corporate Director (Finance and Corporate Support) on the findings of the recent Audit Scotland review of the Council's main financial systems.

The review identified and undertook testing on the key controls of the financial systems. Overall, Audit Scotland is satisfied that most of the Council's key controls are operating as planned. However, several areas where improvements could be made have been identified. An action plan to address these issues has been agreed with the auditors and was attached as Appendix 1 to the Audit Scotland report. The action plan will be monitored by Internal Audit, with follow-up reports presented to the Audit Committee, as appropriate.

The Head of Finance and Property has also undertaken an exercise to assess each of the risks and actions into low, medium and high priority. The outcome of this exercise was shown at Appendix 2 to the report.

Page 18 18 Members asked questions, and received clarification, on the following:-

 government procurement cards, including the number of cards issued, access, security, training and the extension of the pilot introduction of the cards;  access issues in relation to the Masterpiece system;  work with Human Resources in respect of the Chris 21 system;  the need for more staff training in the management and operation of systems;  plans to purchase a new financial system to replace Masterpiece; and  any capacity issues in terms of the rolling revaluation of properties and non current assets.

The Committee noted the Audit Scotland report and resultant Council action plan.

3. Audit Scotland Report to Those Charged with Governance on the 2012/13 Audit

Submitted report by the Corporate Director (Finance and Corporate Support) on matters arising from the audit of the Council's accounts for the year to 31 March 2013

Audit Scotland's Governance report on the Council's 2012/13 accounts was provided at Appendix 1 to the report and indicated that the auditors anticipate issuing an unqualified opinion on 17 September 2013.

The report contained information on monetary and presentational adjustments identified during the audit process. In addition, three key issues were identified during the audit, in respect of equal pay claims, pension fund liabilities, and an objection to the 2012/13 unaudited accounts.

A more detailed report to the Audit Committee will be provided by the Auditor in due course, providing further information on the key findings of the 2012/13 audit and the steps being taken by the Council to resolve these matters.

Members asked questions, and received clarification, on the following:-

 issues raised by an objector in respect of Largs Common Good and Trust Funds; and  work currently being undertaken by officers to review deeds.

The Committee noted the three issues identified in the Audit Scotland report attached at Appendix 1 and the actions to be taken by the Council to resolve them where appropriate.

The meeting ended at 11.35 a.m.

Page 19 19 Cabinet 25 September 2013

IRVINE, 25 September 2013 - At a meeting of the Cabinet of North Ayrshire Council at 9.30 a.m. in Cunninghame House, Irvine.

Present Willie Gibson, Marie Burns, John Bruce, Anthea Dickson and Tony Gurney.

In Attendance E. Murray, Chief Executive; L. Friel, Corporate Director and G. Macgregor, Head of HR and Organisational Development (Finance and Corporate Support); I. Colvin, Corporate Director, A. Adrain, Interim Head of Housing and J. McCaig, Interim Head of Community Care (Social Services and Health); A. Sutton, Head of Community and Culture (Education and Skills); K. Yeomans, Head of Development and Planning and R. McCutcheon, Head of Environment and Related Services (Development and Environment); A. Todd, Policy and Performance Officer, K. Dyson, Communications Officer and M. Anderson, Committee Services Officer (Democratic and Administration Services) (Chief Executive's Service).

Chair Councillor Gibson in the Chair. Apologies for Absence Alan Hill and Alex McLean.

1. Declarations of Interest

In terms of Standing Order 16 and Section 5 of the Code of Conduct for Councillors, Councillor Dickson, having supported Garnock Valley Allotment Association in its application for funding, declared an indirect, non-pecuniary interest in Agenda Item 8 (Projects Funded from Landfill Communities Fund (LCF) 2013/14) and took no part in the determination of the application in question.

2. Minutes

The accuracy of the Minute of the Cabinet, held on 10 September 2013, was agreed and the Minutes signed in accordance with paragraph 7(1) of Schedule 7 of the Local Government (Scotland) Act 1973.

Page 20 20 3. Public Performance Reporting 2012/13

Submitted report by the Chief Executive which (a) provided information on the Council's performance against the four Council objectives; and (b) set out a draft Annual Council Performance Report 2012/13, incorporating the end of year Council Plan Action Plan 2012/13 progress report.

Members asked questions, and received clarification, on the following:-

 the continuing reduction in the number of active volunteers who have participated in training delivered by Community and Culture;  the frequency with which targets are set and the mechanism for changing targets;  any areas of particular concern within the performance information reported;  the target for the volume of respite care provided to older people;  the decline in the percentage of invoices paid within 30 days and the Council's performance when compared with other Scottish local authorities; and  any factors contributing to the significant decrease in the percentage of Council buildings which are accessible to disabled people.

The Cabinet agreed (a) to note the status of the Council's performance indicators at Appendices A and B; (b) to approve the draft Annual Performance Report 2012/13 set out at Appendix C; (c) that the Annual Performance Report 2012/13 will be published on North Ayrshire Performs on the 27 September 2013; and (d) that the report be referred to Scrutiny and Petitions for consideration.

4. Call In : Consultation on a Proposed Members' Bus Regulation (Scotland) Bill

Submitted report by the Chief Executive on the outcome of consideration of a Call In Request in relation to the consultation on a proposed Members' Bus Regulation (Scotland) Bill, which invited the Cabinet to consider a recommendation by the Scrutiny and Petitions Committee to amend the Council's response to the consultation.

Councillors Bruce and Burns joined the meeting at this point.

Members asked questions, and received clarification, on whether the recommendations of the Scrutiny and Petitions Committee had the effect of committing the Council to unbudgeted expenditure.

The Cabinet agreed to (a) reject the recommendation of the Scrutiny and Petitions Committee to amend the response to the consultation on a Proposed Members' Bus Regulation (Scotland) Bill in respect of Questions 1 and 8 as set out at Section 2.9 of the report; and (b) refer the matter to the next meeting of the full Council for determination.

Page 21 21 5. Regional Aid and the Assisted Areas Map 2014-20

Submitted report by the Corporate Director (Development and Environment) which (a) outlined changes to Regional Aid Guidelines 2014-20; and (b) proposed a response to a UK Government consultation on the Assisted Area Map 2014-20.

Members asked questions, and received clarification, on the position in terms of the islands within North Ayrshire.

The Cabinet agreed to (a) note the changes to Regional Aid Guidelines 2014-20; and (b) approve a North Ayrshire Council response to the UK Government consultation on the 2014-20 Assisted Area map based on the map attached at Appendix to this report.

6. Hunterston Competitive Advantage Study (Action Plan)

Submitted report by the Corporate Director (Development and Environment) which advised on the preparation of an Action Programme associated with the production of the Hunterston Competitive Advantage Study, which was undertaken by URS Infrastructure and Environment UK Limited to establish the potential for employment opportunities being developed on the site.

The Cabinet agreed to approve the content of the Action Programme set out at Appendix 1 to the report and the associated actions for the Council and its partners.

7. Implementation of Waste Strategy 2012/16

Submitted report by the Corporate Director (Development and Environment) which (a) advised on the implementation of the Council's Waste Strategy; and (b) set out an updated waste collection policy at Appendix 1 to the report.

Members asked questions, and received clarification, on the following:-

 the types of business likely to produce 50kg of food waste per week; and  the current arrangements for dealing with food waste produced by school kitchens.

The Cabinet agreed to (a) note the proposal to introduce new commercial waste collection services for businesses, including a new food waste collection service; (b) approve the new food waste collection service charge for businesses and agree that the charge be reviewed annually in line with the Council's fees and charges policy; and (c) approve the revised waste collection policy set out at Appendix 1 to the report.

Page 22 22 8. Projects from Landfill Communities Fund 2013/14

Submitted report by the Corporate Director (Development and Environment) on a proposed programme of projects to be funded through the Landfill Communities Fund (LCF) 2013/14, a tax credit scheme which enables the Council as a Landfill Operator to contribute money to projects which meet environmental objectives contained in the Landfill Tax Regulations.

Members asked questions, and received clarification, on arrangements for the processing of applications in future years.

The Cabinet agreed to (a) approve the programme of projects set out in Appendix 2 of the report, to be funded from the Council’s Landfill Communities Fund (LCF) in 2013/14; and (b) delegate authority to the Corporate Director (Development and Environment), in consultation with the Portfolio Holder for Economic Development and Regeneration, to award any excess LCF monies from the 2013/14 allocation to any eligible project(s).

9. Housing Development at Eglinton Country Park

Submitted report by the Corporate Director (Education and Skills) which (a) advised of recent developments in relation to the housing development located within Eglinton Country Park; (b) proposed a Minute of Agreement enabling relevant parts of the Country Park to be acquired by the Council; and (c) recommended that officers report further on reinstatement works required as a consequence of development work at the park.

Members asked questions, and received clarification, on the following:-

 lessons to be learned for any future developments of this type; and  how the application for planning permission had been determined in this case.

The Cabinet agreed to (a) note the proposals to be contained within the Minute of Agreement, which enables the relevant areas of the Country Park to be acquired by the Council; and (b) request that officers bring back future reports to Cabinet in relation to reinstatement works which are required as a consequence of the development work at the park.

10. Revenue Budget 2013/14 : Budgetary Control Statement to 31 July 2013

Submitted report by the Corporate Director (Finance and Corporate Support) which set out the Revenue budgetary control position for the Council at 31 July 2013 (Period 4).

Members asked questions, and received clarification, on the frequency and robustness of profiling work carried out by Services.

Page 23 23 The Cabinet agreed to (a) note the information and financial projections outlined in the report; (b) note the action being taken by Social Services and Health to reduce the current projected overspend and (c) approve the virements detailed in Appendix 9 to the report.

11. Capital Monitoring to 31 July 2013

Submitted report by the Corporate Director (Finance and Corporate Support) of progress in delivering the Capital Investment Programme as at 31 July 2013.

Members asked questions, and received clarification, on the planning condition requirements surrounding off-site roadworks at Woodlands Primary School and measures to ensure that such requirements are taken into account in future budgeting.

The Cabinet agreed to (a) approve the revisions to budgets outlined at Sections 2.1 and 2.7 of the report; (b) approve the allocation of £0.473m from the Capital Fund as outlined in section 2.4; and (c) note (i) the actual General Services and HRA expenditure to 31 July 2013 and (ii) the forecast of expenditure to 31 March 201

12. Reform of Independent Living Fund

Submit report by the Corporate Director (Social Services and Health) which (a) provided information on the reform of the Independent Living Fund; (b) advised of the proposed consultation by the Scottish Government; and (c) considered the implications arising for the Council.

Members asked questions, and received clarification, on the following:-

 the potential for a reduction in funding following the reform of the Independent Living Fund;  the options being considered for the transfer of funds, as set out at Section 2.6 of the report; and  the position of COSLA with respect to the consultation.

The Cabinet agreed (a) that the Council will maintain the current commitment to match funding of existing packages until the transfer of the funds has been determined by the Scottish Government; (b) to authorise participation in the Scottish Government consultation process; and (c) otherwise, to note the content of the report.

Page 24 24 13. North Ayrshire Carers Strategy

Submitted report by the Corporate Director (Social Services and Health) which sought approval of the proposed Carers Strategy set out at Appendix 1 to the report.

Members asked questions, and received clarification, on the following:-

 the likely timescale for the publication of the strategy document; and  the background to a planned demonstration by members of the national organisation representing kinship carers.

The Cabinet agreed to (a) approve the North Ayrshire Carers Strategy 2013-18 set out at Appendix 1 to the report; and (b) authorise implementation of its recommendations.

14. Housing Support Contracts

Submitted report by the Corporate Director (Social Services and Health) which sought approval to negotiate a one year extension to the existing homeless support contracts, to allow time for a full and detailed assessment of the homelessness provision to be undertaken, informed by accurate financial information and clarification from the UK Government on the classification of Scottish local authority temporary accommodation.

The Interim Head of Housing provided a verbal update on the possible reduction to £45 of the management fee referred to in Section 2.16 of the report.

The Cabinet agreed to give approval to negotiate a one year extension to the existing homeless support contracts.

15. South West Hub Territory Partnership Board held on 6 June 2013

Submitted report by the Corporate Director (Finance and Corporate Support) on the Minutes of the Meeting of the South West Hub Territory Partnering Board held on 6 June 2013.

Noted.

16. Economy and Employment Policy Board: Minutes of the meeting held on 19 August 2013

Submitted report by the Corporate Director (Development and Environment) on the Minutes of the Economy and Employment Policy Board held on 19 August 2013.

Noted.

Page 25 25 17. Ayrshire Economic Partnership: Minutes of the meeting held on 21 August 2013

Submitted report by the Corporate Director (Development and Environment) on the Minutes of the Ayrshire Economic Partnership held on 21 August 2013.

Noted.

18. Health and Social Care Policy Board : Minutes of Meeting held on 26 August 2013

Submitted report by the Corporate Director (Social Services and Health) on the Minutes of the Health and Social Care Policy Board meeting held on 26 August 2013.

Noted.

19. Environment and Infrastructure Policy Board: Minutes of meeting held on 2 September 2013

Submitted report by the Corporate Director (Development and Environment) on the Minutes of the Environment and Infrastructure Policy Board held on 2 September 2013.

Noted.

20. Brodick Pier Redevelopment Committee: Minutes of meeting held of 2 August 2013

Submitted report by the Corporate Director (Development and Environment) on the Minutes of the Brodick Pier Redevelopment Committee held on 2 August 2013.

Noted.

21. Urgent Item

The Chair agreed that the undernoted item of business be considered as a matter of urgency to allow a decision to be implemented on this matter without delay.

21.1 Local Government Pay Offer for 2013/14

Submitted report by the Corporate Director (Finance and Corporate Support) which sought approval to implement the pay offer for 2013/14.

Page 26 26 The Cabinet agreed (a) to implement an increase in pay on all spinal points across all bargaining groups by 1% from 1 April 2013 in a one year settlement; (b) that all associated back-pay and increases are implemented as soon as operationally practicable from October 2013 pay cycles; and (c) that, following final confirmation, of the 2-year pay offer from COSLA, the Council also applies the terms of this revised agreement.

The meeting ended at 10.55 a.m.

Page 27 27 Local Review Body 25 September 2013

IRVINE, 25 September 2013 - At a Meeting of the Local Review Body of North Ayrshire Council at 2.30 p.m.

Present Matthew Brown, John Ferguson, Robert Barr, John Bruce, Joe Cullinane, Ronnie McNicol and Robert Steel.

In Attendance K. Smith, Planning Adviser to the Local Review Body (Development and Environment); J. Law, Legal Adviser to the Local Review Body and D. McCaw Committee Services Officer (Chief Executive's Service).

Chair Councillor Brown in the Chair. Apologies for Absence John Bell, Tom Marshall and Jim Montgomerie.

1. Declarations of Interest

There were no declarations of interest by Members in terms of Standing Order 16 and Section 5 of the Code of Conduct for Councillors.

2. Minutes

The accuracy of the Minutes of the meeting held on 4 September 2013 was agreed and the Minutes signed in accordance with paragraph 7(1) of Schedule 7 of the Local Government (Scotland) Act 1973.

3. Notice of Review: 13/00301/PP: Change of Use of Existing Shop Unit to Form a Hot Food Takeaway: 38 Nelson Street/44-46 Boyd Street, Largs

Submitted report by the Chief Executive on a Notice of Review by the applicant in respect of the refusal of a planning application by officers under delegated powers for a change of use of existing shop unit to form a hot food takeaway at 38 Nelson Street/44-46 Boyd Street, Largs. The Notice of Review documentation, further representations received from interested parties, the Planning Officer's Report of Handling, a location plan and a copy of the Decision Notice, were provided as Appendices 1-5 to the report.

The Planning Adviser to the Local Review Body introduced the matter under review, confirming that the Notice of Review had been submitted timeously by the applicant. Photographs and plans of the proposed development were displayed and the Planning Adviser provided the LRB with a verbal summary of the review documents.

Page 28 28 Members agreed that the Local Review Body had sufficient information before it to determine the matter without further procedure.

Councillor Ferguson, seconded by Councillor McNicol, moved to uphold the officer's decision to refuse planning permission on the grounds specified in the decision notice. There being no amendment, the motion was declared carried.

Accordingly, having considered all of the information, the Local Review Body agreed (a) to uphold the decision to refuse planning permission on the following grounds:-

1. That, the proposed change of use fails to satisfy the requirements of Policy TC 1(2) of the North Ayrshire Local Plan (Excluding Isle of Arran), in that it has not been demonstrated to the satisfaction of North Ayrshire Council, as Planning Authority, that all reasonable steps have been taken to let or sell the property for retail purposes, and that no interest has been expressed in it at a rental level similar to nearby retail properties.

2. That, the proposed hot food takeaway fails to satisfy the requirements of Policy TC 1(3) of the North Ayrshire Local Plan (Excluding Isle of Arran), in that it would be located in close proximity to and detract from the amenity of existing residential properties.

3. That, the proposed hot food takeaway would be contrary to criterion (b) of the Development Control Statement of the North Ayrshire Local Plan (Excluding Isle of Arran), in that it is likely to give rise to increased levels of noise, pedestrian and vehicular movement and general disturbance, to the detriment of the amenity of nearby residential property. and (b) that the Decision Notice be drafted by Officers, agreed by the Chair and, thereafter, signed by the Proper Officer for issue to the applicant.

The Meeting ended at 2.50 p.m.

Page 29 29 Kilwinning Area Committee 25 September 2013

IRVINE, 25 September 2013 - At a Special Meeting of the Kilwinning Area Committee of North Ayrshire Council at 3.00 p.m.

Present John Ferguson, Joe Cullinane, Donald Reid and Robert Steel.

In Attendance J. McHarg, Community Engagement Manager (Community Development Team) and B. Anderson, Performance/Grants Information Officer (Education and Skills); and D. McCaw, Committee Services Officer (Chief Executive's Service).

Chair Councillor Ferguson in the Chair.

1. Declarations of Interest

There were no declarations of interest by Members in terms of Standing Order 16 and Section 5 of the Code of Conduct for Councillors.

2. Corsehill Community Association (Love Memorial Hall)

Submitted report by the Corporate Director (Education and Skills) giving an update on the current management status of the Love Memorial Hall, with particular reference to finance, programming and governance.

On 12 September 2013, the Committee agreed that the Community Engagement Manager (Education and Skills) meet with the Corsehill Community Association and thereafter prepare an update report for submission to a special meeting to be held prior to the date of the next ordinary meeting of the Committee.

The officer met with the Executive and Committee members of the Association on 17 September. Those in attendance intimated a willingness to continue their voluntary support and co-operation with a view to working toward maintaining the hall as a local community asset. The Association's current financial situation has primarily arisen from the increased costs of gas and electricity and the loss of North Ayrshire Council's support for cleaning provision. The Association has been subsidising costs from funding reserves, a position which is unsustainable.

Page 30 30 There was discussion on how best to support the Association in relation to the following recommendations:-

 conducting a review of their working practices and arrangements to achieve an efficient and effective use of the hall, without loss of quality of service;  making improvements to the programme of educational, social and recreational activities; and  reviewing the arrangements for caretaking and cleaning to make best use of the scarce resources within current guidelines and statutory frameworks.

It was further recommended that the Corsehill Community Association enter into a fixed short-term service level agreement (SLA) with Community Development to run until the end of March 2014, the cost of which will be met from within existing Council budgets.

Members asked questions, and received clarification, in relation to:-

 the way forward to enable the Association to build capacity and to establish their own long-term planning;  current lets and centre programming;  current youth worker provision;  the identification of the Love Memorial Hall Trustees, who are a separate organisation from the Community Association; and  the specific nature of the support which could be provided by Members.

The Committee agreed to (a) note the recommendations detailed within the report; and (b) support the Community Development Team in building the individual and group capacity of the Corsehill Community Association to (i) enable them to improve the governance and management of the facility; and (ii) achieve improved financial stability and sustainability.

The Meeting ended at 3.30 p.m.

Page 31 31 Irvine Area Committee 25 September 2013

IRVINE, 25 September 2013 - At a Special Meeting of the Irvine Area Committee of North Ayrshire Council at 4.00 p.m.

Present Joan Sturgeon, Matthew Brown, Marie Burns, Ian Clarkson, John Easdale and Ruth Maguire.

In Attendance G. Hunter, Town Centre Manager (Development and Environment) and A. Little, Committee Services Officer (Chief Executive's Service).

Chair Provost Sturgeon in the Chair. Apologies for Absence David O'Neill and Irene Oldfather.

1. Declarations of Interest

In terms of Standing Order 16 and Section 5 of the Code of Conduct for Councillors, Councillor Clarkson, as the Chair of the Irvine Special Events Forum declared an indirect, non-pecuniary interest in Agenda Item 2, Irvine Common Good: Application for Financial Assistance.

2. Irvine Common Good Fund

Submitted report by the Chief Executive on an application received in respect of the Irvine Common Good Fund from Irvine Special Events Forum (ISEF) for financial assistance of £8,235 towards the costs of the "switch-on" of the Christmas lights in Irvine town centre.

The Committee considered the information provided by ISEF within the application and the comments provided by services of the Council. Discussion took place on:-

 discrepancies in the application in respect of the amount requested of £8,235 and the detailed costs that totalled £8,825;  the level of detail required for Education and Skills to assess the application;  the financial position of the Common Good Fund and the impact on the Fund of an award of more than the balance remaining for disbursement.

Page 32 32 Councillor Clarkson, as Chair of the Irvine Special Events Forum, was invited to respond to the issues raised and provided information on:-

 the wide range of activities and entertainment planned for the "switch-on" event on Sunday 1 December 2013;  the wider festive programme that will run from 30 November 2013 to 5 January 2014 and include a continental market and fairground in Bridgegate Square;  potential sponsorship by local businesses and fundraising that has been undertaken;  the economic impact of the potential benefits of the event;  funding totalling £39,000 (Sainsbury's - £19,000 and Town Centre Regeneration - £20,000) for the purchase and installation of new and additional festive lights.

Councillor Clarkson left the meeting at this point.

The Committee discussed the extensive works at Bridgegate and the surrounding area that will provide an attractive public realm area. The Committee was of the view that a smaller scale and more cost effective "switch-on" event would enhance the works at Bridgegate and could be developed in future years. Funding is in place for the purchase and installation of festive lights.

The Committee expressed its support for the festive programme and "switch-on" event and commended the work that has been done by the Irvine Special Events Forum.

The Committee agreed that (a) the ISEF be requested to (i) provide additional information to allow Education and Skills to assess the application and advise the Committee accordingly; and (ii) revisit the "switch-on" events programme and submit a proposal for a smaller scale event at a reduced cost; and (c) that a special meeting of the Area Committee be arranged to consider the revised application as soon as is practicable.

The meeting ended at 4.45 p.m.

Page 33 33 Ardrossan and Arran, Saltcoats and Stevenston Area Committee 26 September 2013

STEVENSTON, 26 September 2013 - At a Meeting of the Ardrossan and Arran, Saltcoats and Stevenston Area Committee of North Ayrshire Council at 2.00 p.m.

Present John Bruce, Willie Gibson, Ronnie McNicol, Jim Montgomerie and Alan Munro.

In Attendance J. McHarg, Community Engagement Manager and B. Anderson, Performance/Grants Information Officer (Education and Skills); D. Whyte, External Funding Officer (Development and Environment); and A. Little, Committee Services Officer (Chief Executive's). Also In Attendance Inspector Skimming, Police Scotland. Chair Councillor Bruce in the Chair. Apologies for Absence Tony Gurney, John Hunter and Peter McNamara.

1. Declarations of Interest

There were no declarations of interest by Members in terms of Standing Order 16 and Section 5 of the Councillors Code of Conduct.

2. Minutes

The accuracy of the Minutes of the meeting of the Committee held on 15 August 2013 was confirmed and the Minutes signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973.

3. Community Planning Partnership Partners

3.1 Police Scotland

Inspector Skimming provided information on the following:-

 crimes of note;  notable arrests;  directed patrol initiatives that have taken place in the Committee's area.

The Committee was advised that the Arran Resilience Team won the Resilience Team of the Year Award at the Emergency Planning Society Resilience Award ceremony held on 25 September 2013.

Page 34 34 The Committee discussed the use of Community Wardens in North Ayrshire and their deployment in the Saltcoats area.

The Committee agreed (a) that the Corporate Director (Social Services and Health) be requested to consider deploying Community Wardens in the Saltcoats area; and (b) to otherwise note the report.

3.2 Scottish Fire and Rescue Service

Submitted report by the Scottish Fire and Rescue Service on activity within the Committee's area in the period 14 July to 15 September 2013.

Noted.

4. Community Development Grant Scheme and Local Youth Action Fund 2013/14: Applications for Financial Assistance

Submitted report by the Corporate Director (Education and Skills) on applications received in respect of the Community Development Grants Scheme and Local Youth Action Fund 2013/14.

The Committee agreed to make the following awards:-

Community Development Grant Scheme

Organisation Award

The Cronies Social Club of Stevenston £ 500 Shibumi Karate Club £ 500 The International, Historical, Cultural and Geographical Agency £1,000

Local Youth Action Fund

Organisation Award

Ardrossan Indoor Bowling Club £1,000

Page 35 35 5. Community Benefit Fund: Applications for Grant Aid

Submitted report by the Corporate Director (Development and Environment) on applications received in respect of the Community Benefit Fund 2013/14.

The Committee agreed to make the following awards :-

Organisation Award

Ardrossan Christmas Decorations Committee £4,000 Ardeer Parish Church, Stevenston £4,000 North Ayrshire Table Tennis Club, Saltcoats £1,600

6. Street Naming: Ardrossan: Glasgow Street: Residential Development Formerly Linked to Currie Court

Submitted report by the Corporate Director (Development and Environment) on the naming of a new assisted living development (formerly linked to Currie Court), Glasgow Street, Ardrossan.

The Committee agreed the new assisted living development at Glasgow Street, Ardrossan be named "Castlecraigs Court".

7. Future Agenda Items

The Committee agreed that a report be provided to the next meeting by the Chief Executive on the nomination and voting process for the Civic Pride Awards.

The meeting ended at 2.40 p.m.

Page 36 36

Licensing Committee 2 October 2013

IRVINE, 2 October 2013 - At a Meeting of the Licensing Committee of North Ayrshire Council at 2.00 p.m.

Present Ronnie McNicol, Tom Marshall, Robert Barr, John Bruce, Ian Clarkson, Ruth Maguire, Alex McLean, Alan Munro, Donald Reid and Robert Steel.

In Attendance C. Andrew, Senior Manager Legal Services, W. O'Brien, Solicitor (Licensing), K. Sharkey, Training Solicitor, A. Toal, Administrative Assistant and M. Anderson, Committee Services Officer (Chief Executive's Service). Also In Attendance Inspector Skimming and PC McLean (Police Scotland). Chair Councillor McNicol in the Chair.

1. Declarations of Interest

In terms of Standing Order 16 and Section 5 of the Code of Conduct for Councillors, Councillor Reid, as the applicant, declared an interest in Agenda Item 3.2 (Urgent Item: Public Charitable Collection) and left the meeting for that item of business.

2. Minutes

The accuracy of the Minutes of the meeting of the Committee held on 21 August 2013 and the Special meeting held on 10 September 2013 was confirmed and the Minutes signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973.

3. Civic Government (Scotland) Act 1982: Licensing Matters

Submitted report by the Chief Executive on (a) Hearings to be determined; (b) applications for the grant or renewal of licences and permits; and (c) issues arising in respect of existing licences, all in terms of the Civic Government (Scotland) Act 1982.

Page 37 37 Part A: Hearings

4.1 LHCL/109 (Suspension) GB Oils Limited - Castlebay Filling Station, Largs

The Committee, at its meeting on 21 August 2013, agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 4(2) of Schedule 1 of the Civic Government (Scotland) Act 1982.

The licenceholder, having been duly cited to attend, was in attendance and was represented. One of the complainers, John Maxwell, was also in attendance. Representatives from Police Scotland were in attendance.

The Solicitor (Licensing) set out the background to the Hearing as previously intimated in writing to the licenceholder. The licenceholder's representative, the complainant and the representatives from Police Scotland addressed the Committee on the issues raised. Thereafter, the licenceholder responded to questions.

The licenceholder, his representatives, the complainant and representatives of Police Scotland then withdrew to allow the Committee to deliberate, returning to hear the Committee's decision.

Decision

After discussion, Councillor Maguire, seconded by Councillor Bruce, moved that the Committee agree not to suspend the licence.

As an amendment, Councillor McLean, seconded by Councillor Marshall, moved that the licence be suspended.

On a division, there voted for the amendment 4 and for the motion 6, and the motion was declared carried.

Accordingly, the Committee agreed not to suspend the licence.

Thereafter, the Committee unanimously agreed, on the basis of the information presented, to proceed to a hearing in terms of Paragraph 10 of Schedule 1 of the Civic Government (Scotland) Act 1982.

4.2 LHCL/111 (New) Muhammed Aslam

The Committee, at its meeting on 21 August 2013, agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 4(2) of Schedule 1 of the Civic Government (Scotland) Act 1982.

The applicant, having been duly cited to attend, was represented at the meeting. Representatives from Police Scotland were in attendance.

Page 38 38 The Solicitor (Licensing) set out the background to the Hearing as previously intimated in writing to the applicant. He advised that the observation of Police Scotland had been withdrawn on the basis that the operation of the business would not now extend beyond 1.00 a.m.

Decision

The Committee unanimously agreed to grant the application subject to conditions in terms of Paragraph 5(1)(a) of Schedule 1 of the Civic Government (Scotland) Act 1982.

4.3 TDL/01698 (Renewal) Martin Cruickshank

The Committee, at its meeting on 21 August 2013, agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 4(2) of Schedule 1 of the Civic Government (Scotland) Act 1982.

The licenceholder, having been duly cited to attend, was in attendance. Representatives from Police Scotland were in attendance.

The Solicitor (Licensing) set out the background to the Hearing as previously intimated in writing to the licenceholder. The representatives of Police Scotland then addressed the Committee on the terms of letters setting out the observations of Police Scotland in relation to the application. Thereafter, the licenceholder addressed the Committee of the issues raised and responded to questions.

The licenceholder and representatives of Police Scotland then withdrew to allow the Committee to deliberate, returning to hear the Committee's decision.

Decision

The Committee unanimously agreed to grant the application subject to conditions in terms of Paragraph 5(1)(a) of Schedule 1 of the Civic Government (Scotland) Act 1982.

4.4 TDL/01848 (New) Charles Stewart

The Committee, at its meeting on 21 August 2013, agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 4(2) of Schedule 1 of the Civic Government (Scotland) Act 1982.

The applicant, having been duly cited to attend, was in attendance. Representatives from Police Scotland were in attendance.

Page 39 39 The Solicitor (Licensing) set out the background to the Hearing as previously intimated in writing to the applicant. The representatives of Police Scotland then addressed the Committee on the terms of letters setting out the observations of Police Scotland in relation to the application. Thereafter, the applicant addressed the Committee of the issues raised and responded to questions.

The applicant and representatives of Police Scotland then withdrew to allow the Committee to deliberate, returning to hear the Committee's decision.

Decision

The Committee unanimously agreed to grant the application subject to conditions in terms of Paragraph 5(1)(a) of Schedule 1 of the Civic Government (Scotland) Act 1982.

4.5 TDL/011855 (New) David Smith

The Committee, at its meeting on 21 August 2013, agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 4(2) of Schedule 1 of the Civic Government (Scotland) Act 1982.

The applicant, having been duly cited to attend, was in attendance. Representatives from Police Scotland were in attendance.

The Solicitor (Licensing) set out the background to the Hearing as previously intimated in writing to the applicant. The representatives of Police Scotland then addressed the Committee on the terms of letters setting out the observations of Police Scotland in relation to the application. Thereafter, the applicant addressed the Committee of the issues raised and responded to questions.

The applicant and representatives of Police Scotland then withdrew to allow the Committee to deliberate, returning to hear the Committee's decision.

Decision

After discussion, Councillor Maguire, seconded by Councillor Munro, moved that the application be granted.

As an amendment, Councillor Barr, seconded by Councillor Bruce, moved that the application be refused.

On a division, there voted for the amendment 6 and for the motion 3, and the amendment was declared carried.

Accordingly, the Committee agreed to refuse the application in terms of Paragraph 5(1)(c) of Schedule 1 of the Civic Government (Scotland) Act 1982 on the grounds set out in Paragraph 5(3)(a)(ii) of the Schedule, that the applicant is not a fit and proper person to be the holder of a Taxi Driver's Licence.

Page 40 40 4.6 TDL/01860 (New) Dominic McCann

The Committee, at its meeting on 21 August 2013, agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 4(2) of Schedule 1 of the Civic Government (Scotland) Act 1982.

The applicant, having been duly cited to attend, was not in attendance. The Committee was satisfied that due notice of the meeting had been given and resolved to proceed in the absence of the applicant. Representatives from Police Scotland were in attendance.

The Solicitor (Licensing) set out the background to the Hearing as previously intimated in writing to the applicant. The representatives of Police Scotland then addressed the Committee on the terms of letters setting out the observations of Police Scotland in relation to the application.

Representatives of Police Scotland then withdrew to allow the Committee to deliberate, returning to hear the Committee's decision.

Decision

After discussion, Councillor Marshall, seconded by Councillor Maguire, moved that the application be granted.

As an amendment, Councillor Barr, seconded by Councillor Bruce, moved that the application be refused.

On a division, there voted for the amendment 2 and for the motion 7, and the motion was declared carried.

Accordingly, the Committee agreed to grant the application subject to conditions in terms of Paragraph 5(1)(a) of Schedule 1 of the Civic Government (Scotland) Act 1982.

Councillor Maguire left the meeting at this point.

4.7 TDL/01862 (New) Mohamed Othmani

The Committee, at its meeting on 21 August 2013, agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 4(2) of Schedule 1 of the Civic Government (Scotland) Act 1982.

The applicant, having been duly cited to attend, was in attendance.

The Solicitor (Licensing) set out the background to the Hearing as previously intimated in writing to the applicant. Standard conditions attached to Taxi and Private Hire Car Licences include that all applicants for whom English is not a first language, prove their competence in English. The applicant addressed the Committee on the issues raised and responded to questions.

Page 41 41 Decision

The Committee unanimously agreed to grant the application subject to conditions in terms of Paragraph 5(1)(a) of Schedule 1 of the Civic Government (Scotland) Act 1982.

4.8 TDL/01865 (New) Saman Mohammed

The Committee, at its meeting on 21 August 2013, agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 4(2) of Schedule 1 of the Civic Government (Scotland) Act 1982.

The applicant, having been cited to attend, was not in attendance.

Decision

The Committee unanimously agreed to continue consideration of this matter to the next meeting.

4.9 TDL/00804 (Suspension) Patrick John Griffin

The Committee, at its meeting on 21 August 2013, unanimously agreed (a) to suspend licence TDL/00804 in terms of Paragraph 12 of Schedule 1 of the Civic Government (Scotland) Act 1982; (b) on the basis of the information presented, to proceed to a Hearing, within 6 weeks, in terms of Paragraph 11(2)(a) of Schedule 1 of the Civic Government (Scotland) Act 1982.

The licenceholder, having been cited to attend, was not in attendance.

The Solicitor (Licensing) set out the background to the Hearing as previously intimated in writing to the licenceholder. He advised that the licenceholder had surrendered his licence, but that the licence itself had not yet expired.

Decision

The Committee unanimously agreed to suspend licence TDL/00804 with immediate effect and for the remaining duration of the licence in terms of Paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982.

4.10 TDL/196 (New) Peter Cassidy

The Committee, at its meeting on 21 August 2013, agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 4(2) of Schedule 1 of the Civic Government (Scotland) Act 1982.

The applicant, having been duly cited to attend, was in attendance.

Page 42 42 The Solicitor (Licensing) set out the background to the Hearing as previously intimated in writing to the applicant. He advised that the licenceholder's vehicle has now passed its inspection.

Decision

The Committee unanimously agreed to grant the application subject to conditions in terms of Paragraph 5(1)(a) of Schedule 1 of the Civic Government (Scotland) Act 1982.

Part B - Applications for Licences and Renewal of Licences

4.11 LHCL/084 (Variation) Nasir Gulem

The Committee unanimously agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 4 (2) of Schedule 1 of the Civic Government (Scotland) Act 1982.

4.12 LHCL/110 (New) Shahzad Hassan

The Committee unanimously agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 4 (2) of Schedule 1 of the Civic Government (Scotland) Act 1982.

4.13 MOL/001 (Renewal) Spook Erection Limited

The Committee unanimously agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 4 (2) of Schedule 1 of the Civic Government (Scotland) Act 1982.

4.14 PCC (Temporary) Hansel

The Committee unanimously agreed to grant the application subject to conditions in terms of Section 119 of the Civic Government (Scotland) Act 1982.

4.15 PEL/173 (New) Aquilla Clark

After discussion, Councillor Munro, seconded by Councillor Marshall, moved that the application be granted for a period of 3 years.

As an amendment, Councillor McLean, seconded by Councillor Reid, moved to proceed to a Hearing in terms of Paragraph 4 (2) of Schedule 1 of the Civic Government (Scotland) Act 1982.

Page 43 43 On a division, there voted for the amendment 2 and for the motion 7, and the motion was declared carried.

Accordingly, the Committee agreed to grant the application for a period of 3 years subject to conditions in terms of Paragraph 5(1)(a) of Schedule 1 of the Civic Government (Scotland) Act 1982.

4.16 PEL/176 (New) Beachcombers Kiosks

After discussion, Councillor Marshall, seconded by Councillor Munro, moved that the application be granted for a period of 3 years.

There being no amendment, the motion was declared carried.

Accordingly, the Committee agreed to grant the application for a period of 3 years subject to conditions in terms of Paragraph 5(1)(a) of Schedule 1 of the Civic Government (Scotland) Act 1982.

4.17 SPTL/019 (New) Anita Rose Wood

The Committee unanimously agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 4 (2) of Schedule 1 of the Civic Government (Scotland) Act 1982.

4.18 STL/O/385 (New) Kerry Smith

The Committee unanimously agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 4 (2) of Schedule 1 of the Civic Government (Scotland) Act 1982.

4.19 TDL/00259 (Renewal) Robert Howie

The Committee unanimously agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 4 (2) of Schedule 1 of the Civic Government (Scotland) Act 1982.

4.20 TDL/00840 (New) Ian Roderickson

The Committee unanimously agreed to grant the application subject to conditions in terms of Paragraph 5(1)(a) of Schedule 1 of the Civic Government (Scotland) Act 1982.

Page 44 44 4.21 TDL/01454 (New) Ronald Smallridge

The Committee unanimously agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 4 (2) of Schedule 1 of the Civic Government (Scotland) Act 1982.

4.22 TDL/01711 (Renewal) Gareth Walsh

The Committee unanimously agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 4 (2) of Schedule 1 of the Civic Government (Scotland) Act 1982.

4.23 TDL/01866 (New) Roderick Cameron

The Committee unanimously agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 4 (2) of Schedule 1 of the Civic Government (Scotland) Act 1982.

4.24 TDL/01869 (New) Martin Sneddon

The Committee unanimously agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 4 (2) of Schedule 1 of the Civic Government (Scotland) Act 1982.

4.25 TDL/01870 (New) Thomas Brownlow

The Committee unanimously agreed to grant the application subject to conditions in terms of Paragraph 5(1)(a) of Schedule 1 of the Civic Government (Scotland) Act 1982.

4.26 TDL/01872 (New) Atif Mahmood

The Committee unanimously agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 4 (2) of Schedule 1 of the Civic Government (Scotland) Act 1982.

4.27 TDL/01874 (New) Paul Gorman

The Committee unanimously agreed to grant the application subject to conditions in terms of Paragraph 5(1)(a) of Schedule 1 of the Civic Government (Scotland) Act 1982.

4.28 TDL/01875 (New) Donald McMahon

The Committee unanimously agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 4 (2) of Schedule 1 of the Civic Government (Scotland) Act 1982.

Page 45 45 4.29 TDL/01868 (New) John Symington

The Committee unanimously agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 4 (2) of Schedule 1 of the Civic Government (Scotland) Act 1982.

Part C - Issues in Respect of Existing Licences

4.30 Booking Office Licence - Kevin Blades - 1 Dale Crescent, Irvine

The Committee was advised of complaints received in respect of the operation of the business from residential premises.

The Committee unanimously agreed, on the basis of the information presented, to proceed to a Hearing in terms of Paragraph 11(7) of Schedule 1 of the Civic Government (Scotland) Act 1982.

5. Urgent Items

The Chair agreed that the following items be considered as a matter of urgency to update Members and to allow the matters to be actioned without delay.

5.1 PCC (Temporary) Donald Reid

Donald Reid has applied for a Public Charitable Collection Permission under Section 119 of the Civic Government (Scotland) Act 1982. The proposal was for a street collection in Kilwinning on 5 November 2013 between 5.00 p.m. and 8.00 p.m.

The Committee considered whether or not to make exceptions to the following Council policies:-

(a) days:

(i) house to house collections are only permitted on Monday-Friday

(ii) street collections are only permitted on Saturday

and only one of each is allowed on a particular day in a particular town. Neither is permitted on Sunday.

(b) times:

the Licensing Committee decided at is meeting on 20 March 2012 that collections should not happen after 6.00 p.m.

On considering the circumstances, the Committee unanimously agreed to grant the Permission as requested, subject to the usual North Ayrshire Council conditions under Section 199(5), other than the condition prohibiting collections after 6.00 p.m.

Page 46 46 5.2 Public Entertainment Licences

At its meeting of 26 June 2012, the Committee agreed (a) to the establishment of a Member/Officer working group, comprising Councillors McNicol, Clarkson, Marshall and Reid, to review the existing Resolution and propose a draft for the Committee's consideration; (b) thereafter, to consider the draft and amend it as appropriate; (c) that the amended draft be used in the statutory review procedure; and (d) that after consideration of any representations from the public, the Committee adopt an amended Resolution.

The Solicitor (Licensing) advised of arrangements for a meeting to discuss the amended draft Resolution, to which Elected Members on the Member/Officer working group would be invited to attend.

Noted.

The meeting at 4.40 p.m.

Page 47 47

North Coast Area Committee 3 October 2013

LARGS, 3 October 2013 - At a Meeting of the North Coast Area Committee of North Ayrshire Council at 2.00 p.m.

Present Alan Hill, Alex Gallagher, Tom Marshall and Alex McLean.

In Attendance B. Anderson, Performance/Grants Information Officer (Education and Skills); and M. Anderson, Committee Services Officer (Chief Executive's Service). Also In Attendance Inspector G. Jones (Police Scotland); R. McGinlay (Scottish Fire and Rescue Service); and P. Nelis, Development Manager (Scottish Community Development Centre). Chair Councillor Hill in the Chair (Agenda Items 1, 2, 4.1, 4.2 and 6) and Councillor Marshall in the Chair (for all other items of business).

1. Chair's Remarks

The Chair, in terms of Standing Order 9.1, agreed to vary the order of business to allow earlier consideration of Agenda Items 6 (Chairmanship of the Area Committee), 4.1 (Police Scotland report) and 4.2 (Scottish Fire and Rescue Service report).

2. Chairmanship of the Area Committee

The Committee considered the future chairmanship of the Area Committee.

Members discussed the procedural arrangements associated with the appointment of the Area Committee's Chair.

The Committee agreed to recommend to the Council that (a) Councillor Marshall be appointed as Chair of the Area Committee until 31 December 2014; and (b) thereafter, the position of Chair be rotated between the Area Committee Members for the remainder of the current Administration, with Councillor McLean serving from 1 January 2015 and Councillor Gallagher from 1 March 2016.

3. Declarations of Interest

There were no declarations of interest by Members in terms of Standing Order 16 and Section 5 of the Councillors Code of Conduct.

Page 48 48 4. Minutes

The accuracy of the Minutes of the meeting of the Committee held on 22 August 2013 and the Special meeting held on 28 August 2013 was confirmed and the Minutes signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973.

Arising from consideration of the Minutes of the last ordinary meeting of the Area Committee, the Committee noted that the requested report on statistical information analysing the use of Largs Car Park, would now be presented to the November 2013 meeting of the Area Committee.

5. CPP Partners

5.1 Police Scotland

Submitted report by Police Scotland on incidents of local interest or concern within the North Coast area during the period between 1 April 2013 and 15 September 2013.

Information was provided on:-

 crime statistics for the North Coast area between April and September 2013 and the same period the previous year;  priorities arising from the 2013/14 public consultation exercise;  a fatal road crash on 7 September 2013 in Gateside Street, Largs;  directed patrol plans to address disorder/antisocial behaviour, speeding, mobile phones/disqualified drivers/drug supply, bogus callers, housebreaking and violence and disorder near Largs Town Centre;  a number crimes of note, including a serious assault, two robberies and an incident relating to the Dangerous Dogs Act; and  the public consultation survey.

Inspector Jones provided a verbal update on:-

 a total of 4 robberies in and around Largs town centre and on charges which have now been made in relation to 3 of those robberies;  recent support provided by the Gangs Task Force, the Anti-Social Behaviour Team and additional patrols;  the operating hours of Largs Police Station, which will provide a public counter service between 0900 and 1700 hours Monday to Friday; and  recent crimes in relation to ATM card use.

Page 49 49 Members asked questions, and received clarification, on the following:-

 the operating hours for Largs Police Station;  a number of incidents which occurred during the first weekend of the Viking Festival;  the nature of the reported ATM card crimes; and  action taken in relation to reported drug-related offences.

Noted.

5.2 Scottish Fire and Rescue Service

Submitted report by Scottish Fire and Rescue Service on incidents within the North Coast area in the period 1 August to 11 September 2013.

Information was provided on:-

 1 accidental dwelling fire in Skelmorlie;  1 accidental non-domestic fire in Fairlie;  a heath/grass fire in Largs;  a number of good intent false alarms and false alarms relating to equipment faults;  a water-related incident in Largs; and  various special service and community activities.

Community Firefighter McGinlay provided a verbal update on:-

 the delivery of work experience involving pupils from Largs Academy;  the provision of training to NHS staff at Crosshouse hospital;  engagement with Social Services and Housing staff in relation to vulnerable persons; and  approximately 50 Home Fire Safety Visits following a recent fire in Millport.

Members asked questions, and received clarification, on the following:-

 the water-related fatality in Largs;  the over-representation of Cumbrae in terms of false alarm calls; and  fire risk assessments for bed and breakfast and hotel premises.

Noted.

Councillor Hill left the meeting at this point. Councillor Marshall assumed the Chair.

Page 50 50 6. Ayrshire 21 Project

The Committee received a presentation from Paul Nelis, Development Manager with the Scottish Community Development Centre, on the Ayrshire 21 rural development programme, which is aimed at helping local residents, community groups and young people identify and take action on issues that affect them. The Scottish Community Development Centre, which is delivering the programme, has been carrying out community views surveys in Skelmorlie and Fairlie.

A copy of the questionnaire and the initial analysis of the survey findings result were circulated at the meeting. At the request of Members, the survey analysis forms an appendix to the Minute.

Members asked questions, and received clarification, on the following:-

 the delivery of questionnaires via pupils' schoolbags;  the Council's role in the project;  whether a cost/benefit analysis had been carried out in relation to the project;  the provision of support to assist communities in accessing funding for local initiatives;  the next stages in the project, including community meetings to which local Elected Members would be invited;  the risks associated with raised expectations when funding may not be available for initiatives which might arise;  the timescale for completion of the project; and  the position of Cumbrae, which does not qualify for the project in North Ayrshire.

The Committee agreed to (a) note that further information would be circulated to Members in due course on the next steps in the consultation exercise; and (b) otherwise note the content of the presentation.

7. Community Development Grants Scheme and Local Youth Action Fund: Applications for Financial Assistance

Submitted report by Corporate Director (Education and Skills) on applications received in respect of the Community Development Grants Scheme and the Local Youth Action Fund.

The Committee agreed to (a) make the following awards:-

Community Development Grant Scheme

Organisation Award St. Mary's Awards for All £2,000.00

Page 51 51 Local Youth Action Fund

Organisation Award Largs Community Sport and Leisure Club £2,000.00 and (b) refuse the application from Largs Gymnastics Club on the grounds that the club has been successful in accessing other funding which has allowed it to invest and leave a surplus.

8. Date and Venue of Next Meeting

The next meeting of the North Coast Area Committee will be held on 21 November 2013 in Skelmorlie Community Centre.

9. Future Agenda Items

The Committee agreed that the following items be added to the Agenda for the next meeting of the Committee:-

 an update on the Ayrshire 21 programme, if available;  a report on the Skelmorlie Housing Needs Analysis, if available;  a report on Skelmorlie Primary School, including information on the boiler and toilet refurbishment plans and drop-off/parking arrangements; and  statistical information analysing the use of Largs Car Park.

The meeting ended at 3.00 p.m.

Page 52 52

North Coast Area Committee 03/10/2013

Appendix No NCAC 1

Rural Ayrshire 21

Initial Analysis

Fairlie Survey

1. Things we like 2. Things we don’t like Sense of community Coal dust/coal terminal Friendly A78 The people HGVs Quiet/peaceful Traffic Scenic/beautiful (lack of) facilities residents – Lack of facilities for children Location Development Transport Beach Village Hall (Lack of) local shops School Failure to develop old school after 10 years The pub

Beach

Activities

3. What would you like to see improved?

 Road safety – bypass, pedestrian improvements (pavements, path, etc.), traffic speed  Local facilities – community facilities (access/parking); shops  Environment – clean up beach, coal dust, air quality, park

Page 53 53 Skelmorlie Survey

1. Things we like 2. Things we don’t like Safe Area Parking area Friendly, quite, neighbourly, More transport links in upper Skelmorlie Very well organised and well run school, More youth groups/more for teenagers a very dedicated Tenants and Residents board, good playing facilities for young children People look out for the elderly Facilities are disappearing and the infrastructure is crumbling round them. The village reeks of neglect. Toddler group, playgroup & Bookbug at Quite isolated … you have to drive to do the library. anything It is a good place to live when you are Speeding cars. Noisy dogs. bringing up small children. Cost of community centre to the village residents. Gets ignored where funding is concerned as it’s seen as a more “affluent” area.

3. What would you like to see improved?

 Lights down park and paths and it football area, more speed bumps on way to school better crossing at school gates.  Local facilities – community facilities (access/parking); shops  Improve choices for teens for activities without resorting to anti-social behaviour or leaving the village  Less private houses being built and more money put back into the community, better facilities for all age group  Lighting of the mugga especially during the winter months. Bike tracks through the woods, a larger park for older children.  I think the community is very let down with child care. Working parents are having to find ways to get before and after school care for children.  I would like to see the occasional bus link throughout the day heading down the coast to Largs, Ardrossan and Saltcoats areas. Many services for Skelmorlie are in Ayrshire.  Somewhere the kids can play even if it has been raining, like a bike/skateboard area in the park. The community centre opened as a café/pop in canter in the mornings etc.

Page 54 54 Planning Committee 4 October 2013

IRVINE, 4 October 2013 - At a Special Meeting of the Planning Committee of North Ayrshire Council at 1.30 p.m.

Present Matthew Brown, John Ferguson, Robert Barr, John Bruce and Ronnie McNicol.

In Attendance J. Miller, Senior Manager (Planning, Transportation and Regeneration) (Development and Environment); J. Law, Solicitor (Contracts and Licensing) and D. McCaw, Committee Services Officer (Chief Executive's Service).

Chair Councillor Brown in the Chair. Apologies for Absence John Bell, Joe Cullinane, Tom Marshall, Jim Montgomerie and Robert Steel.

1. Declarations of Interest

There were no declarations of interest by Members in terms of Standing Order 16 and Section 5 of the Code of Conduct for Councillors.

2. Call In Request: 13/00558/PP Site to West of 35 Margnaheglish Road Lamlash, Brodick, Isle of Arran

Submitted report by the Chief Executive on a call in request in relation to an application for Planning Permission for the erection of a detached dwellinghouse on a site to the west of 35 Margnaheglish Road, Lamlash, Brodick, Isle of Arran.

The request, submitted in accordance with the approved call in procedure, has been made by Councillors Barr, Bruce and McNicol that the application for Planning Permission should be determined by the Planning Committee and not by Officers under delegated powers. The stated reason for the call in request was as follows:-

"It raises significant public interest insofar as a decision on the application would decidedly impact on the social and economic structure, namely

(a) of the immediate community and the Isle of Arran (Lamlash Golf Club is integral to the social life and economy of the community. It contributes to the recreational, social and tourist focus within Lamlash and the wider economic well-being of the island)

Page 55 55 (b) on sustainable employment (Lamlash Golf Club provides employment and training for up to 12 local people, a not inconsiderable number for Arran)".

Councillor Bruce addressed the Committee in support of the call in request. Councillor Bruce expressed the view that the application raised a significant public interest issue insofar as any decision would affect the social and economic structure of the wider community.

Councillor Ferguson addressed the Committee and intimated that as the planning application was for the erection of a detached dwellinghouse, then, in his opinion, part (a) of the call in request would not apply. In relation to part (b) of the call in request, with regard to sustainable employment, he would be against supporting the call in on that basis.

Councillor Bruce, seconded by Councillor McNicol, moved, in terms of Section 43A(6) of the Town and Country Planning (Scotland) Act 1997 and in accordance with the approved call in procedure, that the Committee agree that the application be called in and determined by the Planning Committee and not by officers under delegated powers.

As an amendment, Councillor Ferguson, seconded by Councillor Brown, moved that the Committee agree not to call in the application and that instead it be determined by officers under delegated powers. Councillor Brown requested a roll call vote.

On a division and roll call vote, there voted for the amendment Councillors Brown and Ferguson (two), and for the motion Councillors Barr, Bruce and McNicol (three), and the motion was declared carried.

Accordingly, the Committee agreed that the application be determined by the Planning Committee at their next meeting to be held on 23 October 2013.

The meeting ended at 1.40 p.m.

Page 56 56 Cabinet 8 October 2013

Irvine, 8 October 2013 - At a meeting of the Cabinet of North Ayrshire Council at 2.30 p.m. in Cunninghame House, Irvine.

Present Willie Gibson, Alan Hill, John Bruce, Marie Burns and Tony Gurney.

In Attendance L. Friel, Corporate Director, D. Tate Senior Manager (Housing Assets and Investment) and T. Reaney, Procurement Manager (Finance and Corporate Support); A. Sutton, Head of Community and Culture (Education and Skills); A. Fraser, Head of Democratic and Administration, K. Dyson, Communications Officer and M. Anderson, Committee Services Officer (Chief Executive's Service).

Chair Councillor Gibson in the Chair. Apologies for Absence Anthea Dickson and Alex McLean.

1. Declarations of Interest

There were no declarations of interest by Members in terms of Standing Order 16 and Section 5 of the Code of Conduct for Councillors.

2. Minutes

The accuracy of the Minutes of the meeting of Cabinet held on 25 September 2013 was confirmed and the Minutes signed in accordance with paragraph 7(1) of Schedule 7 of the Local Government (Scotland) Act 1973.

3. Suspension of Standing Orders

The Cabinet resolved, in terms of Standing Order 19, to suspend Standing Order 21, to allow consideration of the recommendation within Agenda Item 6 (Energy Company Obligation (ECO) – Appointment of ECO Partner.

4. Council Governance – Policy Boards Review and Neighbourhood Planning Forums

Submitted report by the Chief Executive which (a) provided information on the outcome of the review of Policy Boards; (b) proposed the creation of Advisory Panels; and (c) reported on progress in taking forward Neighbourhood Planning.

Page 57 57 Members asked questions, and received clarification, on the following:-

 the participation of Community Planning Partners and community representatives in Neighbourhood Planning Forum meetings;  the role of Neighbourhood Planning Forums and any anticipated overlap with the business of Area Committees;  whether some reports for information only might require to be noted formally by the Cabinet; and  the potential for duplication of effort in terms of matters which might be considered by an Advisory Panel and then the Cabinet.

The Cabinet agreed (a) to note the outcome of the Policy Boards review; (b) that the six Policy Boards be replaced by two Advisory Panels, namely the Physical Environment Advisory Panel and the Communities and Lifelong Learning Advisory Panel; (c) to the creation of six Neighbourhood Planning Forums; and (d) that the Chief Executive carry out a review of the new arrangements once they have been in place for approximately a year.

5. Sundry Debtor and Commercial Refuse Write Offs

Submitted report by the Corporate Director (Finance and Corporate Support) which (a) advised of sundry debtor and commercial refuse write offs under delegated powers; and (b) requested authority to write off balances which exceed the delegated powers threshold.

The Cabinet agreed (a) to note the sums written off under delegated powers; and (b) authorise the write off of balances over £1,000, as set out in Appendix 1 to the report.

6. Energy Company Obligation (ECO) – Appointment of Eco Partner

Submitted report by the Corporate Director (Finance and Corporate Support) which sought approval to vary the appointment of its ECO partner from British Gas Plc to Scottish Power Energy Retail Ltd.

The Cabinet agreed to (a) approve the replacement of British Gas Plc as the preferred ECO partner for projected noted as 1, 2 and 3 within the Cabinet report of 25 June 2013, as contained in Appendix 1 to the report; and (b) delegate authority to the Corporate Director (Finance and Corporate Support) to appoint the appropriate ECO providers for any further ECO projects identified throughout the remainder of the 2013/14 financial year.

Page 58 58 7. Property Factors (Scotland) Act 2011

Submitted report by the Corporate Director (Finance and Corporate Support) which (a) reported on the outcome of the public consultation exercise on the introduction of North Ayrshire Council’s Property Factoring Service; and (b) provided information on the contents of the finalised Statement of Service which sets out the operation of the Property Factoring service.

Members asked questions, and received clarification, on the background to the report.

Noted.

8. Community Empowerment and Community Associations in North Ayrshire

Submitted report by the Corporate Director (Education and Skills) which informed of progress made within the short life working group on community centres to support community associations in developing progressive approaches to managing community centres in North Ayrshire.

Members asked questions, and received clarification, on the operation of the community centre at Cranberry Moss in Pennyburn.

Noted.

9. Measured Term Contract: Annual Inspection and Reactive Maintenance of Domestic Gas Central Heating Installations and Ancillary Equipment

Submitted report by the Corporate Director (Finance and Corporate Support) which (a) advised of the outcome of the tender exercise for the Measured Term Contract for the Annual Inspection and Reactive Maintenance of Domestic Gas Central Heating Installations and Ancillary Equipment; and (b) presented a recommendation in terms of the award of the contract.

The Cabinet agreed to approve the award of the contract for the Annual Inspection and Reactive Maintenance of Domestic Gas Central Heating Installations and Ancillary Equipment, to the end of 31 March 2017, with the option to extend for up to a further 2 years, to Saltire Facilities Management Limited.

Page 59 59 10. Measured Term Contract 2013-16 - Heating, Mechanical and Ventilation Systems: Responsive Repairs and Maintenance

Submitted report by the Corporate Director (Finance and Corporate Support) which (a) advised of the outcome of the tender exercise for the Measured Term Contract for Responsive Repairs and the Maintenance of Heating, Mechanical and Ventilation Systems; and presented a recommendation in terms of the award of the contract.

The Cabinet agreed to approve the award of the contract for Responsive Repairs and the Maintenance of Heating, Mechanical and Ventilation Systems, for 3 years with the option to extend for a further two years, commencing on 1 December 2013, to Arthur McKay and Company Limited.

11. Corporate Equality Group

Submitted report by the Chief Executive on the Minutes of the Meeting of the Corporate Equality Group held on 2 September 2013.

Noted.

The meeting ended at 3.05 p.m.

Page 60 60 Scrutiny and Petitions Committee 9 October 2013

IRVINE, 9 October 2013 - At a Meeting of the Scrutiny & Petitions Committee of North Ayrshire Council at 2.00 p.m.

Present John Hunter, Alex Gallagher, Robert Barr, Catherine McMillan, Alan Munro and Joan Sturgeon. Also Present Tony Gurney. In Attendance L. Friel, Corporate Director (Finance and Corporate Support); C. Hatton, Corporate Director (Development and Environment); A. Fraser, Head of Administration and Democratic Services, A. Todd, Policy and Performance Officer and M. Rae, Acting Policy and Performance Officer; A. Adrain, Interim Head of Housing and I. McKnight, Manager Service Development (Social Services and Health); S. Quinn, Head of Service (Development) (Education and Skills); and A. Little, Committee Services Officer (Chief Executive's). Also In Attendance Veron Maneely and Nicola McPherson, Petitioners. Chair Councillor Hunter in the Chair. Apologies for Absence Matthew Brown.

1. Declarations of Interest

There were no declarations of interest by Members in terms of Standing Order 16 and Section 5 of the Code of Conduct for Councillors.

2. Minutes

The accuracy of the Minutes of (i) the ordinary meeting of the Committee held on 28 August 2013; and (ii) the Special Meeting held on 11 September 2013 was confirmed and the Minutes signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973.

3. Petition in Respect of Siting of the Three Towns Campus

Submitted report by the Chief Executive on the receipt of a petition in respect of the proposed siting of a school campus in the Three Towns.

Page 61 61 At its meeting held on 26 March 2013, the Cabinet considered a report by the Corporate Director (Education and Skills) which sought confirmation of a preferred site for the proposed school campus within the Three Towns and sought approval to issue consultative documents arising from this proposal. The report explained the rationale for choosing the site of the current Ardrossan Academy as the preferred location for the campus. At that time the Cabinet agreed that (a) the preferred location for the new campus is the site of the current Ardrossan Academy; (b) the consultative documents attached to the report be issued to all interested parties; (c) all interested parties be invited to make written representation on the proposals to the Corporate Director (Education and Skills) no later than noon on 14 June 2013; and (d) the Corporate Director (Education and Skills) submit a report on the results of the consultative process to a future meeting of the Cabinet (Education).

On 16 June 2013, a petition of 1680 signatures was received from Veron Maneely of Auchenharvie Academy Parent Council. The terms of the petition are as follows:-

"Please take a minute to sign our petition to vote AGAINST the new school campus being built on the Ardrossan Academy Site. Auchenharvie Academy is the ideal site to build a new school. Save our School and your community"

At the time of receipt, the petitioners were approached to ascertain if they wished the petition to be considered by the Scrutiny and Petitions Committee in terms of the procedure set out in Standing Orders. At that time the petitioners declined this opportunity being satisfied that the petition would be considered as part of the ongoing consultation exercise. On 2 October 2013, following publication of the consultation outcome report, Ms Maneely advised that she now wished the petition to be considered by the Scrutiny and Petitions Committee.

The Petitioners, Veron Maneely and Nicola McPherson, as representatives of Auchenharvie and Ardeer Parent Councils, addressed the Committee in support of the petition. They advised they were also expressing the views of Glencairn and Haysholm and concerns of parents and residents from Stevenston, Saltcoats and Ardrossan.

The Petitioners raised concerns at the way the consultation had been conducted. It appeared that the Auchenharvie site had been discounted prior to the consultation process and asked that Auchenharvie be reconsidered. They expressed the view that the consultation question should have been split into two parts, the first on the principle of the amalgamation of Auchenharvie and Ardrossan academies and Haysholm and James McFarlane schools and the second on the siting of the new education campus.

The Petitioners are opposed to the siting of the new school campus at Ardrossan Academy on the basis of:-

 the close proximity to an existing superschool and the prospect of 3,000 pupils converging in the same vicinity at the same times throughout the day;  lack of the need for the new school and St. Matthew's to share resources;

Page 62 62  the safety of pupils in terms of road safety, the lack of safe walking routes from Stevenston to the Ardrossan site and the increased walking distance for pupils from the Ardeer area;  road congestion and parking issues at the Ardrossan site;  the loss to the Stevenston community of its community hub at Auchenharvie that provides a well used meeting place for various social groups;  the loss of afterschool provision in the Stevenston area; and  space for future expansion at the Auchenharvie site that is not available at the Ardrossan site.

The Outcome Report stated that 77% of respondents disagreed with the proposal and that the main issue raised by those who disagreed with the proposal was the location of the preferred site.

Members asked questions and were provided with information in relation to the two main concerns raised by parents and residents that their children should received an education in a school within their own community and that the removal of the hub of the community would result in the loss of meeting places for community groups and organisations and therefore impact on the activities available in the local area.

Councillor Sturgeon, seconded by Councillor McMillan, moved that the Committee agree to note the comments provided by the Petitioners and that all views in respect of the consultation exercise would be considered by the Cabinet (Education) at its meeting on 29 October 2013.

As an amendment, Councillor Gallagher, seconded by Councillor Munro, moved that the Committee recommend to Cabinet (Education) that the Petitioners be invited to address the Cabinet (Education) at its meeting on 29 October 2013 in terms of the petition.

On a division, there voted for the amendment 4 and for the motion 2, and the amendment was declared carried.

Accordingly, the Committee agreed to recommend that the Cabinet invite the Petitioners to address the Cabinet (Education) at its meeting on 29 October 2013 in terms of the petition.

4. Public Performance Reporting 2012/13 Submitted report by the Chief Executive on public performance reporting and the Annual Performance Report 2012/13.

Page 63 63 The report provided information on the 137 performance indicators used for public performance reporting against the four Council objectives for the year 2012/13. Analysis of the indicators showed that 71% of measures met or exceeded target, 16% were slightly adrift and 13% of measures were significantly adrift of target. Appendices A - C to the report provided further details of the full set of performance indicators publicly reported, the 29 red/amber measures along with management commentary from the relevant service and the Annual Council Performance Report 2012/13.

Noted.

5. North Ayrshire CCTV Limited: Monitoring Report

Submitted report by the Corporate Director (Social Services and Health) on the operation of North Ayrshire CCTV and the allocation of funding from the Council and other sources.

North Ayrshire CCTV provides a monitoring facility for 43 CCTV cameras located in public areas throughout North Ayrshire. One new camera was brought on-line within the Vineburgh area which was funded by Cunninghame Housing Association as part of their re-development of the area. The Company also operates a mobile unit and has access to 3 redeployable cameras, the locations of which are determined by demand.

The Company currently has a workforce of 9 of which 8 are full time and 1 part time. The Company has a turnover of £253,520.93. Of this 68% relates to payroll and 11% for on-line rental for the transmission of images with the remainder on running costs for the equipment. The report provided information on the funding from the Council and other sources and a reduction in funding from the former Fairer North Ayrshire Fund in 2013/14. Police Scotland are currently undertaking a review of public space CCTV in Scotland and the findings will inform discussions with local authorities on future funding contributions from the police towards the provision of CCTV.

Members asked questions and were provided with further information in relation to:-

 funding that has been provided by Police Scotland in previous years and information that will be provided to Members in the event the review recommends any financial reduction in future years.

The Committee agreed to note (a) the work of the Company; and (b) that Members will be provided with further information in relation to the timescale for the conclusion of the Police Scotland review of public space CCTV.

Councillor Hunter, vacated the Chair and left the meeting. Councillor Gallagher, as Vice Chair, took the Chair.

Page 64 64 6. Zero Hours and Casual Contracts

Submitted report by the Chief Executive on the usage by the Council of zero hours and casual contracts and the issues relating to such contracts.

At its meeting on 18 September 2013, the Council considered a motion in relation to zero hour contacts. The Council resolved to have a report submitted to the Scrutiny and Petitions Committee to assess the use of zero hours and casual contracts by the Council and to explore ways in which the Council can use procurement to ensure social care employees in North Ayrshire are guaranteed working hours.

The report outlined the distinction between zero hour contracts, contracts of employment, employment of contractors, casual contracts where the worker is employed directly by the Council and those who are employed by a contractor working for the Council. There are no zero hours workers employed by the Council and there are no casual contracts which are similar to those which have given rise to national criticism. Casual contracts are used within the Council for essential business reasons. It is however recommended that services review the usage of casual contracts and wherever possible identify opportunities for fixed or permanent employment in place of casual contracts.

Members asked questions and were provided with information in relation to:-

 the increase in the number of casual workers employed within Social Services as a result of the increased demand in care at home;  posts that have not been filled on a permanent basis to achieve the objective of a 50/50 split with the third sector and difficulties in recruiting permanent care staff; and  the indication by the Scottish Government that they are considering a requirement in procurement contracts that zero hours contracts cannot be used.

The Committee agreed to (a) note (i) that the Council does not have any zero hours contracts, (ii) the position in relation to casual contracts and the reasons for these; (iii) that the casual contracts for workers employed by the Council do not give rise to the same issues as those zero hours contracts which have been the subject of national criticism; (b) recommend that services review the usage of casual contracts and wherever possible identify opportunities for fixed or permanent employment in place of casual contracts and receive a further report on this; and (c) write to the Scottish Government in support of their intention to reform public procurement to prevent the use of zero hours contracts.

7. Annual Equality Report 2012/13

Submitted report by the Chief Executive on the Annual Equality Report and equality developments during 2012/13.

Page 65 65 The Annual Equality Report 2012/13, entitled "Mainstreaming the Equality Duty in North Ayrshire" provided information on the Council's performance in promoting equality and tackling disadvantage over the period April 2012 to March 2013. The report, a copy of which was appended, contained an overview of work relevant across the Council to mainstream equalities (such as Equality Impact Assessments and training on equalities) as well as service specific work. Employee information was provided in respect of race, disability and gender and details of the Equal Pay Audit were also included.

Noted.

The meeting ended at 3.00 p.m.

Page 66 66 Garnock Valley and West Kilbride Area Committee 10 October 2013

DALRY, 10 October 2013 - At a Meeting of the Garnock Valley and West Kilbride Area Committee of North Ayrshire Council at 2.00 p.m.

Present Robert Barr, John Bell, Anthea Dickson and Catherine McMillan.

In Attendance B. Anderson, Performance/Grants Information Officer (Education and Skills); and D. McCaw, Committee Services Officer (Chief Executive's Service). Also In Attendance Inspector G. Jones (Police Scotland) and Watch Manager G. Harkins (Scottish Fire and Rescue).

Apologies for Absence Jean Highgate and Elizabeth McLardy.

1. Declarations of Interest

There were no declarations of interest by Members in terms of Standing Order 16 and Section 5 of the Councillors Code of Conduct.

2. Minutes

The accuracy of the Minutes of the meeting of the Committee held on 29 August 2013 was confirmed and the Minutes signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973.

3. Community Planning

3.1 North Ayrshire Community Planning Partnership (CPP) Board: Minutes of Meeting held on 12 September 2013

Submitted report by the Chief Executive on the meeting of the North Ayrshire Community Planning Partnership (CPP) held on 12 September 2013.

Councillor Dickson, as a representative of the Community Planning Partnership Board, gave an update regarding the Neighbourhood Planning Development Day held on 19 September 2013 and on the information presented by Professor Tannahill of the Glasgow Centre for Population Health on regenerating areas of need in Glasgow and on how this tied in to the neighbourhood planning approach.

Page 67 67 There was discussion on the local implications in terms of neighbourhood planning and on the future role of the Area Committees.

The Committee agreed to invite the Community Planning Partnership Analyst within the Chief Executive's Section to attend the next meeting of the Committee on 28 November 2013 to outline how the whole neighbourhood planning process will work locally and on how the Area Committee will relate to all Community Planning Partners in the future in terms of practical constraints and accountability.

3.2 (a) Police Scotland

Submitted report by Police Scotland on activity within the Garnock Valley and West Kilbride area for the period 1 April to 15 September 2013.

Information was provided on:-

 detailed Ward crime statistics;  the statistical increases in relation to common assaults and the consumption of alcohol in relation to Ward 7;  directed patrol plans in relation to bogus workmen, violence, disorder and antisocial behaviour, acquisitive crime, drug related offences and speeding;  speeding offences in West Kilbride and West Kilbride Road, Dalry;  traffic management issues in relation to the Lochlibo Road, Burnhouse area and along the Burnhouse to Lugton route;  crimes of note in the Ward areas; and  the wide-ranging public consultation survey, the results of which will influence priorities for future policing plans.

Members asked questions, and received clarification, on the following:-

 robbery statistics in relation to house breakings;  the pro-active approach to stop and searches;  whether there is a specific trend in relation to the increase of common assaults and the consumption of alcohol in Kilbirnie and Beith;  speeding in relation to Largs Road, Kilbirnie;  the reporting of an incident in the Garden City/Kirkland Road area of Kilbirnie;  the use of the new 101 Police contact number; and  the theft of farm gates highlighted at the Dalry Community Council meeting.

Noted.

Page 68 68 3.2 (b) Police Scotland: Public Counter Service Provision

Submitted report by the Chief Executive on the proposals arising from Police Scotland's Public Counter Services review, and seeking feedback from Members to inform the Council's response to the consultation which will be considered and agreed by the Police and Fire and Rescue Committee on 30 October 2013.

Members discussed on the following:-

 the Saltcoats Police Station holding area and any impact the restriction of hours from 24 hours to 0800-1800 7 days a week would have on this aspect of the facility; and  the operation of the public counter facilities at Kilbirnie and Largs between 0900-1700 hours Monday to Friday and the phone provision which will be available outside the Police Stations.

The Committee (a) noted the information contained within the report and briefing paper; and (b) agreed that Members intimate any further concerns to the Divisional Commander.

3.3 Scottish Fire and Rescue Service

Submitted report by the Scottish Fire and Rescue Service on activity within the Garnock Valley and West Kilbride area for the period 18 August to 28 September 2013.

Information was provided on:-

 accidental/deliberate dwelling and non-domestic fires;  no malicious false alarms for the reporting period;  one third of the road traffic collisions in North Ayrshire were within the Committee ward areas;  other special service activities;  the Post Domestic Incident Response (PDIR) campaign to address fires in sheltered housing;  the inter-agency work, and work within schools, being undertaken in the lead up to Bonfire night; and  the 8 Home Fire Safety Visits undertaken since the last reporting period, of which 3 were considered to be high risk,

Page 69 69 Members asked questions, and received clarification, on the following:-

 the impact of liaison officers within schools;  rubbish fires at Balgraymuir Farm, Barrmill; and  clarification on what constitutes a rubbish fire.

Watch Manager Harkins undertook to pass on the information regarding Balgraymuir Farm, Barrmill to the Group Manager.

Noted.

4. Community Development Grants Scheme and Local Youth Action Fund: Applications for Financial Assistance

Submitted report by the Corporate Director (Education and Skills) on applications received in respect of the Community Development Grants Scheme and the Local Youth Action Fund.

The Committee agreed (a) to award £700 to the North Ayrshire Access Panel from the Community Development Grants Scheme; and (b) to defer consideration of the Local Youth Action Fund application from Garnock Valley Youth Forum to the next meeting for further information on what consultation has been undertaken with regard to the application.

5. Date and Venue of Next Meeting

The next meeting of the Garnock Valley and West Kilbride Area Committee will be held on 28 November 2013 at 2.00 p.m. in Bridgend Community Centre, Kilbirnie.

The meeting ended at 3.05 p.m.

Page 70 70 Irvine Area Committee 10 October 2013

IRVINE, 10 October 2013 - At a Special Meeting of the Irvine Area Committee of North Ayrshire Council at 2.00 p.m.

Present Joan Sturgeon, Matthew Brown, Marie Burns, Ian Clarkson, John Easdale and Ruth Maguire.

In Attendance G. Hunter, Town Centre Manager (Development and Environment) and A. Little, Committee Services Officer (Chief Executive's Service).

Chair Provost Sturgeon in the Chair. Apologies for Absence David O'Neill and Irene Oldfather.

1. Declarations of Interest In terms of Standing Order 16 and Section 5 of the Code of Conduct for Councillors, Councillor Clarkson, as the Chair of the Irvine Special Events Forum, declared an indirect, non-pecuniary interest in Agenda Item 2, Irvine Common Good: Applications for Financial Assistance (Irvine Special Events Forum).

2. Irvine Common Good Fund Submitted report by the Chief Executive on applications received in respect of the Irvine Common Good Fund.

2.1 Irvine Special Events Forum At its special meeting on 25 September 2013, the Committee considered an application from Irvine Special Events Forum (ISEF) for financial assistance of £8,235 towards the costs of the "switch-on" of the Christmas lights in Irvine town centre.

The Committee expressed its support for the festive programme and "switch-on" event and commended the work that has been done by the Irvine Special Events Forum.

The Committee agreed that (a) the ISEF be requested to (i) provide additional information to allow Education and Skills to assess the application and advise the Committee accordingly; and (ii) revisit the "switch-on" events programme and submit a proposal for a smaller scale event at a reduced cost; and (c) that a special meeting of the Area Committee be arranged to consider the revised application as soon as is practicable.

Page 71 71 A revised application was therefore submitted and was presented to the Committee for consideration. The application sought financial assistance of £6,615 towards the costs of the switch-on event. Savings of £1,780 had been made by removing the tribute acts from the programme, reducing the marketing and sundries budgets and by requesting the Council waive the road closure fees.

The Committee considered the information provided by ISEF within the application. Discussion took place on:-

 the original proposal prepared by ISEF that anticipated 5,000 - 10,000 visitors to the switch on event;  information provided in the business plan in respect of financial support from Economic Development;  financial support of £20,000 provided by Economic Development's Town Centre Regeneration Fund to ISEF for Christmas lights;  the considerable officer time and support that has been provided to support the event;  the current financial position of Irvine Common Good Fund and the request to ISEF that a much smaller scale event be costed;  the use of Irvine Beat FM, the successful local community radio station, for the switch-on event; and  fund raising opportunities that have been identified and will assist towards self-funding of the event in future years.

The Committee agreed to (a) note the (i) £20,000 provided by the Council's Economic Development's Town Centre Regeneration Fund to ISEF for Christmas lights; and (ii) support provided to ISEF by officers of the Council; and (b) award ISEF £3,000 towards the costs of the switch-on event.

2.2 Irvine Joint Wards Old Folks Committee

The Committee agreed to award Irvine Joint Wards Old Folks Committee £8,000.

The meeting ended at 2.30 p.m.

Page 72 72 Appeals Committee 11 October 2013

IRVINE, 11 October 2013 - At a Meeting of the Appeals Committee of North Ayrshire Council at 10.30 a.m.

Present Robert Barr, John Easdale, Elizabeth McLardy, Ronnie McNicol and Jim Montgomerie.

In Attendance A. Young, Acting Human Resources Operations Manager (Human Resources) (Finance and Corporate Support); A. Craig, Team Manager, Litigation and A. Little, Committee Services Officer (Chief Executive's Service). Also In Attendance D. MacRitchie, Head of Children and Families (Social Services and Health), R. Lightfoot, HR Adviser and F. Meechan, Training Officer and the appellant. Chair Depute Provost Barr in the Chair. Apologies for Absence Irene Oldfather, David O'Neill and Robert Steel.

1. Declarations of Interest

There were no declarations of interest by Members in terms of Standing Order 16 and Section 5 of the Code of Conduct for Councillors.

2. Minutes

The accuracy of the Minutes of the meeting of the Committee held on 17 May 2013 was confirmed and the Minutes signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973 .

3. Exclusion of the Public

The Committee resolved in terms of Section 50(A)4 of the Local Government (Scotland) Act 1973, to exclude from the Meeting the press and the public for the following item of business on the grounds indicated in terms of Paragraph 1 of Part 1 of Schedule 7A of the Act.

4. Disciplinary Procedure: Appeal Against Dismissal

Submitted report by the Chief Executive on the background to an appeal against dismissal by a former employee within Social Services and Health.

Page 73 73 The Service Representative presented the grounds for dismissal as previously advised to the appellant in writing. The appellant was given the opportunity to respond to the issues raised and to ask questions of the Service Representative. Members of the Committee were also given the opportunity to ask questions.

Thereafter the appellant presented the grounds of appeal. The Service Representative was given the opportunity to respond to the issues raised and to ask questions of the appellant. Members of the Committee were also given the opportunity to ask questions.

After summing up their respective cases, the Service Representative, together with the appellant, withdrew from the hearing to allow the Committee to deliberate.

Councillor Montgomerie, seconded by Councillor McNicol, moved that the grounds of the appeal had not been substantiated and accordingly that the appeal should not be upheld.

As an amendment, Councillor McLardy, seconded by Councillor Easdale, moved that the grounds of the appeal had been substantiated and accordingly that the appeal should be upheld.

On a division, there voted for the amendment 2 and for the motion 3, and the motion was declared carried.

Accordingly, the Committee agreed (a) that the grounds of the appeal had not been substantiated and the appeal should not be upheld; and (b) that the appellant be so advised within 14 days.

The meeting ended at 12.25 p.m.

Page 74 74 Ardrossan and Arran, Saltcoats and Stevenston Area Committee 21 October 2013

IRVINE, 21 October 2013 - At a Special Meeting of the Ardrossan and Arran, Saltcoats and Stevenston Area Committee of North Ayrshire Council at 2.00 p.m.

Present John Bruce, Tony Gurney, John Hunter, Ronnie McNicol, Peter McNamara and Alan Munro.

In Attendance A. Little, Committee Services Officer (Chief Executive's). Also In Attendance Inspector Skimming (Police Scotland). Chair Councillor Bruce in the Chair.

1. Declarations of Interest

There were no declarations of interest by Members in terms of Standing Order 16 and Section 5 of the Councillors Code of Conduct.

2. Police Scotland: Public Counter Service Provision

Submitted report by the Chief Executive on the proposals arising from Police Scotland's Public Counter Services review.

On 1 October 2013, Police Scotland wrote to the Council advising of the outcome of their review of Public Counter Service provision. Special meetings of Area Committee were arranged to allow Members to discuss local issues arising from the proposals and to provide feedback to inform the Council’s response. The responses from the Area Committees will be reported to the Police and Fire and Rescue Committee on 30 October 2013, which will agree the Council’s response to the proposals.

Members asked questions and were provided with further information in relation to:-

 the data capture exercise that took place over a variety of different lengths of time at different stations;  the reduction in the provision of public counter provision in the Saltcoats station and the anticipated increase in Police provision by one officer for part of their shift;  the location of North Ayrshire CCTV within the Saltcoats station;  the use of the customer contact centre as there are no plans to install a public phone outside stations for use outwith the public counter hours.

Page 75 75  the continued provision of core custody services 24 hours a day at the Saltcoats station; and  arrangements that will require to be made for those in custody to have legal representation.

Discussion took place on the following areas:-

 the different categorisation of Kilmarnock and Saltcoats Police Stations despite both stations having the same percentage of recorded activity directly relating to core front counter provision;  the core custody services provided by Saltcoats Police Station for the local area;  the lack of background information provided such as a breakdown of the footfall to stations and the days and times of those who visited stations;  the provision of a public counter service at the Saltcoats station beyond 1800 hours once a week to allow working people to access the station for a variety of reasons (e.g. the provision of insurance documentation); and  the need for further information on (i) how the data analysis was undertaken; (ii) the additional policing hours that will be available as a result of the reduction in public counter service provision at the Saltcoats station; (iii) arrangements to allow those in custody access to legal representation outwith the public counter service; and (iv) whether any review is planned to ascertain if there has been any change in the demand for public counter service provision.

The Committee agreed to (a) note the proposals arising from Police Scotland’s Public Counter Services Review; and (b) that the Police and Fire and Rescue Committee consider the views of the Area Committee when preparing the Council's response to the Public Counter Services Review.

The meeting ended at 2.25 p.m.

Page 76 76 Planning Committee 23 October 2013

IRVINE, 23 October 2013 - At a Meeting of the Planning Committee of North Ayrshire Council at 2.00 p.m.

Present Matthew Brown, John Ferguson, Robert Barr, John Bell, John Bruce, Ronnie McNicol, Tom Marshall and Robert Steel.

In Attendance J. Miller, Senior Manager (Planning, Transportation and Regeneration) and R. Middleton, Planning Officer (Development and Environment); A. Craig, Team Manager (Litigation) and D. McCaw, Committee Services Officer (Chief Executive's Service).

Chair Councillor Brown in the Chair. Apologies for Absence Joe Cullinane and Jim Montgomerie.

1. Declarations of Interest

There were no declarations of interest by Members in terms of Standing Order 16 and Section 5 of the Code of Conduct for Councillors.

2. Minutes

The accuracy of the Minutes of (i) the ordinary meeting of the Committee held on 4 September 2013; and (ii) the special meeting held on 4 October 2013 was confirmed and the Minutes signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973.

3. Isle of Arran

13/00558/PP: Lamlash: Site to the West of 35 Margnaheglish Road

Lamlash Golf Club, Lamlash, Isle of Arran has applied for planning permission for the erection of a detached dwellinghouse on a site to the west of 35 Margnaheglish Road, Lamlash. 1 objection and 1 representation have been received, as detailed in the report. An additional objection was emailed to Members prior to the meeting.

The Senior Manager (Planning, Transportation and Regeneration) advised the Committee on the terms of a statement by Councillor Bruce in response to comments attributed to him within an article in the Arran Banner newspaper in relation to the call in of this planning application.

Page 77 77 He further advised that Policy E2 of Alteration No. 1 to the Local Plan was relevant to consideration of this application in terms of enabling development proposals within rural areas, subject to the submission of a detailed and robust business plan. As the procedure in terms of the call in of an application required the planning report to come to the next meeting of the Committee, this matter has not been fully discussed with the applicant.

The Committee agreed to continue consideration of this item to its next meeting to allow officers to progress discussions with the applicant in relation to Policy E2 and on the submission of a detailed business plan in that regard.

4. Ardrossan, Saltcoats and Stevenston

13/00545/PP: Stevenston: Ardeer: Ardeer Golf Club

John Boyle, 17 Muir Drive, Stevenston has applied for planning permission to vary planning permissions CH/85/6/S and CH/85/255/S to remove conditions restricting occupation of the dwellinghouse at Ardeer Golf Club, Stevenston.

The Committee agreed to grant the application.

5. Irvine / Kilwinning

13/00408/PPPM: Irvine: Marine Drive: North Gailes Country Club

Gailes Sports and Leisure Ltd, Marine Drive, Gailes, Irvine has applied for planning permission in principle for an extension to the golf course and leisure facilities, the building of a residential development and the upgrading of the nature reserve at North Gailes Country Club, Marine Drive, Irvine. 7 objections have been received, as detailed in the report.

The Committee agreed to grant the application subject to (i) a Section 75 legal agreement relating to the implementation of improvements to North Gailes (including but not limited to extension to the golf course and environmental mitigation measures), affordable housing provision and contributions to strategic transport improvements, all as referenced within a revised business plan to be agreed; and (ii) the following conditions:-

1. That the approval of North Ayrshire Council as Planning Authority with regard to the siting, design and external appearance of, landscaping and means of access to the proposed development shall be obtained before the development is commenced.

2. The proposed development shall be designed in accordance with the principles of the Scottish Government's "Designing Streets" and Designing Places" policy documents and North Ayrshire Council's Neighbourhood Design Guidance to the satisfaction of North Ayrshire Council as Planning Authority.

Page 78 78 3. That prior to the commencement of the development, hereby approved, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority, a Strategy for Open Space which shall include proposals for (i) the provision of open space and play provision, in accordance with the North Ayrshire Council policy "Provision and Maintenance of Landscaping, Open Space and Play Areas in New Housing Developments" together with proposals for the management and maintenance thereof.

4. That prior to the commencement of the development, hereby approved, the applicant shall undertake a desk study of the application site, (including the review of any previous site investigations) to assess the likelihood of contamination and assist in the design of an appropriate site investigation and subsequent suitable quantitative risk assessment as advocated in BS10175: 2011. Remediation proposals shall also be presented in relation to any significant findings. All documentation shall be verified by a suitably qualified Environmental Consultant and submitted to North Ayrshire Council as Planning Authority. Any required remediation measures shall be undertaken, prior to the commencement of the development to the satisfaction of North Ayrshire Council as Planning Authority. Thereafter the presence of any significant unsuspected contamination, which becomes evident during the development of the site, shall be reported to North Ayrshire Council and treated in accordance with an agreed remediation scheme. On completion of the proposed works written verification, detailing what was done by way of any remediation, shall also be submitted to North Ayrshire Council as Planning Authority.

5. That no development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant in consultation with the West of Scotland Archaeology Service and approved by North Ayrshire Council as Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of North Ayrshire Council as Planning Authority.

6. That a detailed drainage plan shall be submitted for the development, including full details of SUDS in accordance with the principles and practices contained in CIRIA's "Sustainable Urban Drainage Systems Manual", published in March 2007. The SUDS scheme shall be self certified by a suitably qualified person, a copy of which shall be submitted to North Ayrshire Council as Planning Authority. Thereafter, the certified scheme shall be implemented prior to the development becoming operational and maintained thereafter to the satisfaction of North Ayrshire Council as Planning Authority.

Page 79 79 7. That a noise impact assessment in accordance with the Technical Advice Note of PAN 1/2011 shall be undertaken to identify any noise control measures which may be required to ensure that the following noise levels are not exceeded at the curtilage (closest to Ayr Road) of any of the proposed noise sensitive properties:

LAeq, 16 hour (0700-2300) (day) : 50 db LAeq, 8 hour (2300-0700) (night): 40 db.

8. That the further application(s) for approval under the terms of Condition 1 shall be accompanied by a phasing plan. For the avoidance of doubt, the residential element of the development shall be the final phase unless North Ayrshire Council as Planning Authority gives written consent to any variation.

9. That the further application(s) for approval under the terms of Condition 1 shall be accompanied by a detailed Flood Risk Assessment, taking into account the recommendations of PAN 69 (paragraphs 85-100) in relation to flood resistant and resilient materials.

6. North Coast and Cumbraes

13/00483/PP: Largs: Lade Street: Carpark Site

North Ayrshire Council, Perceton House, Irvine has applied for planning permission for the erection of a Day Care Centre at a car park site at Lade Street, Largs.

The Committee agreed to grant the application subject to the following conditions:-

1. That prior to the commencement of the development the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority exact details of all external finishes, boundary treatment and hard surfaces including parking and manoeuvring areas.

2. That prior to the commencement of the development the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority proposals for the provision of disabled parking bays within the car park layout; the car park hereby approved including disabled parking bays shall be formed prior to the commencement of the use of the Day Care Centre hereby approved.

3. That notice shall be given to Development Planning Services (Roads) prior to the closure of the existing car park.

4. That visibility splays of 2.5m x 35m at the junction of the site access with Lade Street shall be provided and maintained on land within the applicant's control, such that there is no obstruction to visibility above a height of 1.05 metre measured above the adjacent carriageway level to the satisfaction of North Ayrshire Council as Planning Authority.

Page 80 80 5. That no development shall take place within the development site as outlined in red on the approved plan until the applicants have secured the implementation of a programme of archaeological works in accordance with a written Scheme of Investigation which has been submitted by the applicants, agreed by the West of Scotland Archaeology Service and approved by North Ayrshire Council as Planning Authority. Thereafter the applicants shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery or archaeological resources within the development site is undertaken to the satisfaction of North Ayrshire Council as Planning Authority in agreement with the West of Scotland Archaeology Service.

6. That prior to the commencement of the development the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority proposals for the provision of a bin storage and refuse collection facility for the day care centre; the approved details shall be implemented prior to the commencement of the use of the Day Care Centre hereby approved.

7. That no development shall take place until there has been submitted to and approved by North Ayrshire Council as Planning Authority a scheme of landscaping, which shall include details of species, planting densities, soil treatment and aftercare and shall include indications of all existing trees and hedgerows on the land and details of any to be retained together with measures for their protection in the course of the development.

8. That all planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting season and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which, within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless North Ayrshire Council as Planning Authority gives written consent to any variation.

7. Millport Conservation Area Appraisal and Management Plan

Submitted report by the Corporate Director (Development and Environment) seeking approval to publish draft Supplementary Guidance on Millport Conservation Area Appraisal and Management Plan for public consultation for a 6 week period commencing in October 2013.

A funding application to operate a Townscape Heritage Initiative in Millport Conservation Area has been submitted to the Heritage Lottery Fund on 29 August 2013. As part of the production of this application, a Conservation Area Appraisal and Management Plan has been prepared to assess the value of the Millport Conservation Area. The appraisal defines and evaluates the character and appearance of the Millport Conservation Area, identifies its important characteristics and ensures that there is a full understanding of what is worthy of preservation.

Page 81 81 The outcome of the consultation will be reported to Members to revise, if required, and adopt the documents as non-statutory guidance to the North Ayrshire Local Development Plan.

The Committee agreed to approve for public consultation the publication of the Millport Conservation Area Appraisal and Management Plan, as detailed at Appendix 1 and 2 to the report, for public consultation.

The meeting ended at 2.30 p.m.

Page 82 82 North Coast Area Committee 24 October 2013

IRVINE, 24 October 2013 - At a Special Meeting of the North Coast Area Committee of North Ayrshire Council at 2.30 p.m.

Present Tom Marshall and Alex Gallagher.

In Attendance M. Anderson, Committee Services Officer (Chief Executive's Service). Also In Attendance Inspector G. Jones (Police Scotland). Chair Councillor Marshall. Apologies for Absence Alan Hill and Alex McLean.

1. Declarations of Interest

There were no declarations of interest by Members in terms of Standing Order 16 and Section 5 of the Code of Conduct for Councillors.

2. Police Scotland: Public Counter Service Provision

Submitted report by the Chief Executive on the proposals arising from Police Scotland's Public Counter Services review. A copy of a letter dated 1 October 2013 from Police Scotland, which contained a public briefing paper on the matter, was attached as an appendix to the report.

Discussion took place on the following:-

 the accuracy of the public briefing paper in terms of the current opening hours of Largs Police Office;  factors which might warrant some weekend opening of Largs Police Office;  the availability of alternative methods of contacting the Police, including social media;  the call charge associated with use of the "101" non-emergency telephone number;  the need for a balance meeting meet public demand for public counter support versus the importance of deploying Police Officers within the community;  previous staffing levels within Largs Police Station and the extent to which there is currently resilience in the event of staff sickness absence; and  clerical/administration capacity across the Division, which might be deployed to cover periods of high demand.

Page 83 83 Members expressed the following views in respect of the review:-

 the Public Counter Service Review public briefing paper is inaccurate in that the current opening hours of Largs Police Office are already 0900-1700 hrs Mon-Fri and not 0800-1900 hours Mon-Sun as stated in the paper;  there is a case for Largs Police Office being open in some capacity at weekends during busy holiday periods which see a significant number of visitors to the town;

 whilst it is appreciated that alternative methods of contacting the Police (e.g. social media) are now available, the high proportion of older people in the local community may mean that face-to-face contact remains important to Largs; and  consideration should be given to the need for some spare clerical/administration capacity across the Division, to provide an appropriate level of resilience in terms of sickness absence cover and periods of high demand.

The Committee agreed to (a) note the proposals arising from Police Scotland’s Public Counter Services Review; and (b) to refer the views expressed by Members of the Area Committee to the Police and Fire and Rescue Committee to consider when preparing the Council's response to the Public Counter Services Review.

The meeting ended at 2.50 p.m.

Page 84 84 Irvine Area Committee 24 October 2013

IRVINE, 24 October 2013 - At a Meeting of the Irvine Area Committee of North Ayrshire Council at 3.00 p.m.

Present Joan Sturgeon, Matthew Brown, Marie Burns, Ian Clarkson, John Easdale, Ruth Maguire and Irene Oldfather.

In Attendance J. McHarg, Community Engagement Manager and B. Anderson, Performance/Grants Information Officer (Education and Skills); D. Wilson, Streetscene Manager (Development and Environment); and A. Little, Committee Services Officer (Chief Executive's) Also In Attendance Inspector Conway (Police Scotland) and Station Commander Cunningham (Scottish Fire and Rescue). Chair Provost Sturgeon in the Chair. Apologies for Absence David O'Neill.

1. Declarations of Interest

In terms of Standing Order 16 and Section 5 of the Code of Conduct for Councillors, Councillor Clarkson, as an member of the Irvine Special Events Forum declared an indirect, non-pecuniary interest in Agenda Item 7.1, Festive Lights Irvine.

2. Minutes

The accuracy of the Minutes of the meeting of the Committee held on 5 September 2013 and the Special meetings held on 25 September and 10 October 2013 was confirmed and the Minutes signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973

3. Community Planning Partnership Partners

3.1 North Ayrshire Community Planning Partnership (CPP) Board: Minutes of Meeting held on 12 September 2013

Submitted report by the Chief Executive on the Minutes of the meeting of the Community Planning Partnership (CPP) Board held on 12 September 2013.

Noted.

Page 85 85 3.2 Police Scotland

Inspector Conway provided information on crimes reported and detected in the Committee's area for September 2013.

Members asked questions and were provided with further information in relation to joint working by Police Scotland, Housing and the Courts in relation to drug dealing.

Noted.

3.3 Police Scotland: Public Counter Service Provision

Submitted report by the Chief Executive on the proposals arising from Police Scotland's Public Counter Services review, and seeking feedback from Members to inform the Council's response to the consultation.

The Committee (a) noted the information contained within the report and briefing paper; and (b) agreed that Members who have any further comments on the proposals advise the Clerk of the Police and Fire and Rescue Committee.

3.4 Scottish Fire and Rescue Service

Submitted report by the Scottish Fire and Rescue Service on activity within the Committee's area in the period 20 August to 11 October 2013.

The Committee was advised that the Summer Strategy Report has now been finalised and will be circulated to Members.

Members asked questions and were provided with information in relation to work that will be done by Scottish Fire and Rescue Service and other agencies with sheltered housing units in an effort to reduce the number of equipment fault false alarm calls.

The Committee agreed (a) that a letter be sent to the Corporate Director (Social Services and Health) to advise of issues at Heathfield Sheltered Housing Unit in relation to fire safety training for residents; and (b) to otherwise note the report.

4. Scottish Water Re-instatement Works, Irvine

Submitted report by the Corporate Director (Development and Environment) on progress with the re-instatement of landscaped areas within Irvine following infrastructure works undertaken by Scottish Water.

Page 86 86 The report provided details of a range of works at Low Green, Greenbank Road and Merryvale Road, Milgarholm, and Irvine Moor that have been undertaken to reinstate the areas of ground to an acceptable standard. Scottish Water would like to install a sandstone bench at the Low Green. Members were previously advised of the proposed engraving of the bench and provided comments on the proposed wording. Scottish Water have now revised the wording to read "For the enjoyment of visitors to the Low Green - to commemorate the 2013 Ayrshire environmental improvement project" and "Scottish Water Always Serving Scotland" on either end panel of the bench. It is proposed that the bench will be positioned at the grassed area where the three paths meet at the green bridge

Areas still requiring attention following the infrastructure works by Scottish Water include:-

 the removal of a tree stump at the bund area near the old putting area;  the repair/replacement of the drain ducts and bollards at the entrance to the Low Green; and  works that are required at the inspection tanks at the new bund area but are not included in the schedule of current works.

The Committee was advised that Scottish Water will be arranging an opening ceremony on completion of the works at Low Green.

The Committee agreed (a) to note the progress and current position in respect of the re-instatement works; (b) that a further update will be provided to the Committee in Spring 2014; and (c) the proposed location and wording for the inscription on the bench to be installed on the Low Green.

5. Community Development Grants Scheme and Local Youth Action Fund 2013/14: Applications for Financial Assistance

Submitted report by the Corporate Director (Education and Skills) on applications received in respect of the Community Development Grants Scheme and the Local Youth Action Fund 2013/14.

The Committee agreed (a) to make the following awards:-

Community Development Grant Scheme

Organisation Award Irvine Freshwater Angling Club £500.00 Noonday £1,199.82 Irvine Beat FM £716.60 Girdle Toll Football Club 1999s £685.00

Page 87 87 Local Youth Action Fund

Organisation Award Noonday £1,500 Different Class (DC! World) £750 Different Class (Dream Team) £750 Diversity Crew £750 Different Class (D-Crew Group) £750 Vineburgh Community Centre (Association) £1,500

(b) that the young people participating in the Different Class groups be involved in deciding how the award is used; and (c) that a report be provided to a future meeting on the progress of each of the Different Class programmes.

6. Future Agenda Items

The Committee noted that any items for the next meeting of the Area Committee should be submitted to A. Little or C. Graham.

7. Urgent Items

The Chair agreed that the following item of business be considered as a matter of urgency to allow the matters to be actioned without delay.

7.1 Community Development Grants Scheme and Local Youth Action Fund 2013/14: Applications for Financial Assistance

Applications received in respect of the Community Development Grants Scheme and the Local Youth Action Fund 2013/14 were circulated.

The Committee agreed to make the following awards:-

Community Development Grant Scheme

Organisation Award Irvine Special Events Forum £1,250

Local Youth Action Fund

Organisation Award Break a Leg Drama £1,500 with a condition that an appropriately amended constitution is provided.

The meeting ended at 4.05 p.m.

Page 88 88