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

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

Corporate Services Director: Nigel Stewart

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

9 August 2006

NOTICE OF MEETING

A meeting of ARGYLL AND BUTE COUNCIL will be held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on WEDNESDAY, 16 AUGUST 2006 at 11:00 AM, which you are requested to attend.

Nigel Stewart Director of Corporate Services

BUSINESS

1. APOLOGIES FOR ABSENCE

2. DECLARATIONS OF INTEREST (IF ANY)

3. MINUTES Argyll and Bute Council 28 June 2006 (Pages 1 - 10)

4. MINUTES OF COMMITTEES

(a) Bute and Cowal Area Committee 6 June 2006 (Pages 11 - 16) (b) Helensburgh and Lomond Area Committee 6 June 2006 (Pages 17 - 28) (c) Helensburgh and Lomond Area Committee 7 June 2006 (Pages 29 - 30) (d) Oban, Lorn and the Isles Area Committee 7 June 2006 (Pages 31 - 42) (e) Mid Argyll, Kintyre and Islay Area Committee 7 June 2006 (Pages 43 - 52) (f) Helensburgh and Lomond Area Committee 4 July 2006 (Pages 53 - 62) (g) Bute and Cowal Area Committee 4 July 2006 (Pages 63 - 72) (h) Mid Argyll, Kintyre and Islay Area Committee 5 July 2006 (Pages 73 - 82) (i) Oban, Lorn and the Isles Area Committee 6 July 2006 (Pages 83 - 90) (j) Standards Committee 13 July 2006 (Pages 91 - 94) (k) Policy Development Group on Local Governance (Scotland) Act 2004 of 13 July 2006 (Pages 95 - 98) (l) Audit Committee 13 July 2006 (Pages 99 - 100) * (m) Strategic Policy Committee (Education) 20 July 2006 (Pages 101 - 102) * (n) Strategic Policy Committee 20 July 2006 (Pages 103 - 110) (o) Policy Development Group on Local Governance (Scotland) Act 2004 of 31 July 2006 (Pages 111 - 112) (p) Housing Stock Transfer Ad Hoc Committee 3 August 2006 (Pages 113 - 114)

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

5. HOUSING STOCK TRANSFER

(a) Tenant Arrears Report by Head of Strategic Finance (Pages 115 - 118)

(b) Early Action Funding Report by Director of Community Services (Pages 119 - 122)

1. To consider the following Report by the Director of Community Services (together with the attached Annexes and Appendices) (Pages 123 - 156);

2. To receive a presentation relating to the Report and Annexes; and

3. If so resolved, to pass the resolutions contained in the Report by the Director of Community Services together with any other resolutions that may be necessary or desirable.

6. CORPORATE PLAN: REVIEW OF 2003-2007 PLAN Report by Chief Executive (Pages 157 - 184)

7. CORPORATE PLAN: 2006-2008

(a) Report by Chief Executive (Pages 185 - 188)

(b) Corporate Plan 2006-2008 (Pages 189 - 206)

8. ARGYLL COMMUNITY HOUSING ASSOCIATION - AREA COMMITTEES: APPOINTMENT OF COUNCIL REPRESENTATIVES Report by Director of Corporate Services (Pages 207 - 208)

9. CHARLES AND BARBARA TYRE TRUST - APPOINTMENT OF GOVERNORS Report by Director of Corporate Services (Pages 209 - 210)

10. ARGYLL AND BUTE COMMUNITY HEALTH PARTNERSHIP COMMITTEE - APPOINTMENT OF REPRESENTATIVES Report by Chief Executive (Pages 211 - 214)

11. LORN, MID ARGYLL, KINTYRE & ISLAY LICENSING BOARD: APPOINTMENT OF COUNCILLOR Report by Director of Corporate Services (Pages 215 - 216)

COUNCIL

ALL MEMBERS

Contact: Sandra McGlynn Tel: 01546 604159

This page is intentionally left blank Page 1 Agenda Item 3

MINUTES of MEETING of ARGYLL AND BUTE COUNCIL held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on WEDNESDAY, 28 JUNE 2006

Present: Convener William Petrie (Chair)

Councillor Robin Banks Councillor Donald MacMillan Councillor Brian Chennell Councillor Alastair McKinlay Councillor Rory Colville Councillor Gordon McKinven Councillor Robin Currie Councillor James McQueen Councillor John Findlay Councillor Bruce Marshall Councillor George Freeman Councillor Ellen Morton Councillor Alison Hay Councillor Al Reay Councillor Daniel Kelly Councillor Bruce Robertson Councillor Ronald Kinloch Councillor Elaine Robertson Councillor Allan Macaskill Councillor Len Scoullar Councillor Alistair MacDougall Councillor Isobel Strong Councillor Sidney MacDougall Councillor John Tacchi Councillor Duncan MacIntyre Councillor Dick Walsh Councillor Robert Macintyre

Attending: James McLellan, Chief Executive Nigel Stewart, Director of Corporate Services Douglas Hendry, Director of Community Services Andy Law, Director of Operational Services Bruce West, Head of Strategic Finance Dave Duthie, Head of Transportation and Infrastructure

Apologies: Councillor Douglas Currie Councillor Gary Mulvaney Councillor Ian Gillies Councillor Eric Thompson Councillor Donald McIntosh

The Convener convened the meeting at 11.00am, adjourned it, and re-convened at 11.15am.

The Convener announced that Margaret Armour, Receptionist at Kilmory, had retired from the Council after 30 years of dedicated service to local government. The Convener thanked Margaret on behalf of the Council for her outstanding service and presented her with a quaich to mark her retirement.

The Convener, on behalf of the Council, congratulated Port Ellen Primary School, Islay and the Head Teacher, Violet Cusworth who scooped a top COSLA award for its “Brilliant Beginnings” project. The school took the “Best Team” award at a ceremony held recently in Glasgow.

The Convener, on behalf of the Council, congratulated Anne Paterson, Head Teacher of Inveraray Primary School who took the “Scottish Daily Record Gold Award for Head Teacher of the Year” at a ceremony held recently in Glasgow. Mrs Paterson now goes forward as a finalist in the UK Head Teacher of the Year award at a ceremony being held in London in October. The Convener advised that he would write to her, offering the Council’s best wishes for the final.

The Convener congratulated the Council together with Navigant (formerly Precept) who were joint winners of the special award for Innovation at the Public Private Finance Awards ceremony held recently in London. These awards are the largest and most prestigious event in the PPP calendar, and celebrate the achievements of exceptional projects, managers and new initiatives and schemes delivering public service facilities throughout the UK.

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1. DECLARATIONS OF INTEREST

Councillor Macaskill declared a non financial interest in relation to item 4 (Argyll and Bute Local Plan) of this minute because he had lodged an objection as a private individual in connection with a particular matter in his own area. While he declared the interest having regard to the terms of the Councillors’ Code and the relationship between the interest and the subject matter being considered, he did not consider that role required him to play no part in the discussion of this item of business.

Councillors Colville and B Robertson each declared a non financial interest in relation to item 4 (Argyll and Bute Local Plan) of this minute because of their membership on ALIenergy Board. They left the room and took no part in the discussion of this item.

Councillor Morton declared a financial interest in relation to item 10 (Policy on Provision of School Transport) of this minute because of a family member’s business in relation to school contracts. She left the room and took no part in the discussion of this item.

2. MINUTES

The Council approved the Minutes of the Council meeting of 4 May 2006 as a correct record.

3. MINUTES OF COMMITTEES

The Council considered the following minutes. They noted the recommendations of those committees subject to what is shown below.

(a) Bute & Cowal Area Committee 4 April 2006

(b) Oban, Lorn & the Isles Area Committee 4 April 2006

(d) Public Service & Licensing Committee 20 April 2006

(e) Bute & Cowal Area Committee 2 May 2006

(f) Helensburgh & Lomond Area Committee 2 May 2006

(g) Mid Argyll, Kintyre & Islay Area Committee 3 May 2006

(h) Oban, Lorn & the Isles Area Committee 3 May 2006

(i) Housing Stock Transfer Ad Hoc Committee 9 May 2006

(j) Appeal Committees 12 May 2006

(k) Policy Development Group on Local Governance (Scotland) Act 2004 16 May 2006

(l) Strategic Policy Committee 18 May 2006

(m) Strategic Policy Committee (Education) 18 May 2006

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(n) Public Service & Licensing Committee 1 June 2006

Arising from item 3 (Civic Government (Scotland) Act 1982 – Licensing of Skin Piercing) the Council considered the recommendation of the Public Service and Licensing Committee.

Decision

Agreed that a scheme be introduced within Argyll and Bute Council for the licensing of persons undertaking skin piercing and/or tattooing, and approved the proposed licensing fees of:-

1. Application fee - operator working from premises occupied £250 by them

2. Application fee – operator working from premises under the £250 control of others

(o) Strategic Policy Committee 15 June 2006

Arising from item 3 (Contract Procurement – Change to Standing Orders Partnering Construction) the Council considered the recommendation of the Strategic Policy Committee and agreed that the Council’s Standing Orders be amended to allow the procurement of construction projects using the Partnering Model and that the new Dunoon Pier Building Project be used to pilot the Partnership process. A further report will be submitted to the Strategic Policy Committee detailing the proposed changes to the Contract Standing Orders.

(p) Housing Stock Transfer Ad Hoc Committee 15 June 2006

4. ARGYLL AND BUTE LOCAL PLAN: REPORT ON PROPOSED AMENDMENTS TO FINALISED DRAFT PROCESS AND FUTURE TIMESCALE OF LOCAL PLAN PROCESS

The Council considered a report which identified the main general and localised issued that had arisen following the publication of the Finalised Draft Local Plan and which proposed to place on deposit proposed amendments to the Finalised Draft Local Plan in an effort to reduce the anticipated size and scale of a Public Local Inquiry (PLI) scheduled to commence in the first quarter of 2007. The report also established the next key milestones for the production of the Local Plan.

Decision

1. Noted the best key milestones in the publication of the Argyll and Bute Local Plan.

2. Subject to decision 3 below, the Council approved the amendments to the Finalised Draft Local Plan contained within Appendices A, B and additional Appendix B, tabled, of the Director of Development Services’ report.

3. The Council approved the officer recommended amendments from Area Committees to Appendices A & B as detailed in Appendix E to the report, subject as follows:-

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Motion

Appendix B – Bute and Cowal – Wind Farm Policy Map

That this Council accepts as part of the Cowal Local Plan modification process the unanimous view of the Bute and Cowal Area Committee and agrees to support their recommendation that the area currently identified in the Wind Farm Policy Map as “Preferred Areas of Search” (for Wind Farms and individual turbines) for the Cowal Area be altered within the Finalised Draft to “Constrained Areas” for the following reasons namely –

• That the cumulative impacts from existing or consented Wind Farm developments makes this area sensitive as evidenced by the recent interest of 4 Wind Farm developers in the hill area immediately behind Innellan and Dunoon. • And that the area is a highly valued landscape with semi wilderness qualities deserving of protection.

Moved by Councillor Walsh, seconded by Councillor Chennell.

Amendment

Accept the recommendations of the Director of Development Services and take no action on the Motion.

Moved by Councillor Hay, seconded by Councillor R Currie.

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

Motion Amendment No Vote

Councillor Chennell Councillor R Currie Councillor Banks Councillor Freeman Councillor Findlay Councillor Macaskill Councillor Daniel Kelly Councillor Hay Councillor S MacDougall Councillor Kinloch Councillor McKinlay Councillor D MacIntyre Councillor A MacDougall Councillor Morton Councillor R Macintyre Councillor MacMillan Councillor McKinven Councillor McQueen Councillor Marshall Councillor Petrie Councillor Reay Councillor E Robertson Councillor Scoullar Councillor Strong Councillor Tacchi Councillor Walsh

Decision

The Motion was carried by 17 votes to 5 and the Council resolved accordingly.

(Ref: Report by the Head of Planning Services dated 28 June 2006, submitted and additional Appendix B, tabled)

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5. SCOTLAND'S NATIONAL TRANSPORT STRATEGY: A CONSULTATION

The National Transport Strategy Consultation had previously been considered by all four Area Committees and the Strategic Policy Committee. Their recommendations were contained within the draft response to be submitted to the Scottish Executive by 13 July 2006 which was considered by the Council.

Decision

The Council approved the draft response subject to the following amendments:-

Question 10 – in the first paragraph insert the actual monetary figure spent on roads maintenance over the last five years and relate that to the figure. In the second paragraph insert more detail relating to current backlog including the monetary value of the backlog.

Question 28 – add the sentence “Adequate investment in core path network planning and the future implementation and maintenance of core path networks will contribute significantly to the provision and promotion of healthy and sustainable transport routes. Core path networks should be a key consideration in transport planning and investment programmes such as Safer Routes to School and the National Clyde Network”.

Question 35 – Amend the first sentence to read “Generally, fares should not be reduced from tax revenue particularly in urban areas, although there may be a case for this in rural areas of sparse population”.

Question 46 – Amend the first sentence to read “Argyll and Bute Council has reservations on the issue of road pricing on the trunk road network.” In the second sentence add the word “first” after the word “would” where it first appears.

(Ref: Report and draft response by the Head of Transportation and Infrastructure dated 23 May 2006, submitted).

6. CAPITAL PLAN OVERVIEW 2005-2006

The Strategic Policy Committee had recommended that a re-profile of the Capital Plan take place to give a more even spread of work load and expenditure over the next three years. The Council considered the recommendations of the Strategic Policy Committtee as detailed within the extract of the minute.

Motion

1. To note the actual expenditure for 2005-2006;

2. To note the adjustments to phasing of Capital Expenditure as a result of the 2005-2006 actual expenditure;

3. To note the increases or decreases in project costs as per Appendix 5 of the report and to instruct Directors to contain these by adjusting the budgetary provision in respect of other projects in the Capital Plan with details of the adjustments being reported as part of the June Capital Plan monitoring exercise;

4. To delete the provision in the Capital Plan for aligning the Feolin Ferry structure;

5. To note the available capital funding of £749,000 and that the Council allocates this as follows: (a) £200,000 to be split equally between Area Committees to be spent on Page 6

projects currently in the Capital Plan and programmed for 2006/07 or 2007/08; (b) The balance of £549,000 to be allocated to Area Committees using the existing formula for roads capital expenditure and to be used for roads and infrastructure projects ; and

6. To approve in principle the re-profiling of the Capital Plan in line with the departmental expenditure limits outlined in paragraph 3.4.7 of the report with a further report to come back as part of the June Capital Plan Monitoring Reporting indicating the implications on a project by project basis.

Moved by Councillor Macaskill, seconded by Councillor Banks.

Amendment

The Council agrees:-

1. To note the actual expenditure for 2005-2006;

2. To note the adjustments to phasing of Capital Expenditure as a result of the 2005-2006 actual expenditure;

3. To approve the increases or decreases in project costs as per Appendix 5 of the report and to instruct Directors to contain these by adjusting the budgetary provision in respect of other projects in the Capital Plan with details of the adjustments being reported as part of the June Capital Plan monitoring exercise;

4. To agree the recommendation of the Strategic Policy Committee to delete the provision in the Capital Plan for aligning the Feolin Ferry structure;

5. To note that the profile of expenditure in the capital plan is heavily skewed towards 2006-07 and therefore requires the Directors to re-profile the Capital Plan in respect of design and supervision works to minimize the use of external contractors and avoid staff surpluses arising in 2007 onwards to give a more even spread of workload and expenditure over the next three years.

6. To note the re-profiling of the Capital Plan in line with the departmental expenditure limits outlined in paragraph 3.4.7 of the report and requests that Area and Corporate Strategies are considered in priority order with a further report to come back as part of the June Capital Plan Monitoring Reporting indicating the implications on a project by project basis.

7. To note there is free capital funding of £750,000 that could be allocated to projects but having regard to the need to adopt a more rigorous best value approach to options appraisal and resolves that no further expenditure is allocated until the Council is considering its budget for 2007-08 following the review of the corporate plan.

Moved by Councillor Tacchi, seconded by Councillor Hay.

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

Motion Amendment

Councillor Banks Councillor Colville Councillor Chennell Councillor Freeman Councillor R Currie Councillor Hay Page 7

Councillor R Currie Councillor Hay Councillor Findlay Councillor Tacchi Councillor Daniel Kelly Councillor Kinloch Councillor Macaskill Councillor A MacDougall Councillor S MacDougall Councillor D MacIntyre Councillor R Macintyre Councillor MacMillan Councillor McKinlay Councillor McKinven Councillor McQueen Councillor Marshall Councillor Morton Councillor Petrie Councillor Reay Councillor B Robertson Councillor E Robertson Councillor Scoullar Councillor Strong Councillor Walsh

Decision

The Motion was carried by 24 votes to 4 and the Council resolved accordingly.

(Ref: Extract of SPC 15 June 2006 and report by Head of Strategic Finance dated 7 June 2006, submitted)

The Convener ruled and the Council agreed to adjourn the meeting at 1.00pm and reconvene at 1.30pm. Councillors R Macintyre and MacMillan left the meeting at 1.00pm.

7. UNAUDITED ANNUAL ACCOUNTS TO 31 MARCH 2006

The Head of Strategic Finance presented the unaudited accounts for the year to March 2006 together with a Summary of Financial Outturn and General Reserve Fund, which was tabled.

Departmental expenditure had adhered to approved budgets which together with savings on loan charges and an increase in income generation on local taxation through improved collection and a reduction in bad dept provision resulted in a surplus for the year of £1.841m. The “free” General Reserve Fund stood at £5.739m. The sum of £8.878m required to be carried forward and earmarked within the General Fund Reserve. The total of the Capital General Fund Reserve stood at £14.617m on the face of the Council’s accounts.

The Housing Revenue Account Reserve now stood at £1.756m, an increase of £0.741m.

Decision

The Council –

1) Noted the unaudited accounts.

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2) Approved the earmarking of funds in the General Fund as per Appendix 1 to the report by the Head of Strategic Finance.

3) Noted the variances and explanations arising from comparison of budget actual for 2005/06 as laid out in Appendix 2 to the report.

4) Utilises the sum of £700,000 from the “free” element of the General Fund reserve towards care of the elderly to deliver reductions in delayed discharges and waiting times for other community care services, with periodic further monitoring reports being submitted to the Strategic Policy Committee.

5) Referred the report by the Head of Strategic Finance which gave details of Social Work GAE and expenditure for 2005/5, 2005/06 and 2006/07 to the Audit Committee to consider and report to the Strategic Policy Committee.

(Ref: Report by Head of Strategic Finance dated 19 June 2006, submitted and Summary of Financial Outturn and General Fund Reserve dated 28 June 2006, tabled and report by Head of Strategic Finance dated 26 June 2006, tabled)

8. MEMBERS ALLOWANCES

Details of allowances paid to Members of this Council during 2005/06 as part of the Accounts of the Council for that year were submitted.

Decision

To note the publication of the tables of allowances paid to Members during 2005/06.

(Ref: Report by Director of Corporate Services dated 24 May 2006, submitted)

9. ANTI SOCIAL BEHAVIOUR - LUSS VILLAGE: REQUEST FOR BYE-LAW PROHIBITING CONSUMPTION OF ALCOHOL IN PUBLIC

The Council considered a report which advised that residents in Luss had asked the Council to promote a bye-law prohibiting the consumption of alcohol in public in designated areas in and around the environs of Luss Village.

Decision

The Council passed the following resolutions:-

1) That the Council hereby makes the bye-laws to prohibit the consumption of alcohol within designated areas of Luss in accordance with the proposed bye- laws as tabled before the Council.

2) That no exemption other than 6 pm on 31 December to 6 am on 1 January for any particular event be included in the bye-laws.

3) That the Head of Legal & Protective Services be authorised to initiate the formal procedure in terms of the Local Government (Scotland) Act 1973 to have the bye-laws confirmed by the Scottish Ministers.

(Ref: Report by the Director of Corporate Services dated June 2006, submitted and Bye- Laws, Schedule and map, tabled)

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10. NOTICE OF MOTION UNDER STANDING ORDER 13 - POLICY ON PROVISION OF SCHOOL TRANSPORT

Councillor Tacchi, seconded by Councillor Stewart had given notice of the following Motion in terms of Standing Order 13.

“ That the Council resolves as follows:-

This Council notes that the Policy on Provision of School Transport which was approved by the Strategic Policy Committee (Education) on 18 May 2006 has resulted in numerous representations from concerned parents, in the light of which

(a) it resolves that the transport arrangements currently in place continue after August 2006.

(b) that any shortfall in funding to retain this service be met by the General Fund Reserve up to a maximum figure of £30,000 in this current year”.

In terms of Standing Order 16.1 no Motion which seeks to alter or revoke a decision of the Council or has that effect will be considered within a period of 6 months of the original decision, and the Convener ruled that there had been no material change of circumstances that would enable the motion to be considered.

Councillor Macaskill moved, and the Council agreed, the suspension of Standing Order 16 to enable the Motion to be considered.

Motion

Councillor Tacchi, seconded by Councillor Reay moved the motion in the terms notice had been given.

Amendment

That the Council following their unanimous decision taken at the budget meeting held on 9 February 2006, and subsequently at the Strategic Policy Committee (Education) meeting held on 18 May 2006 regarding the proposed changes to the Council’s Policy on the provision of free School Transport:-

1) Notes the concerns now being expressed by Members, Staff, School Boards and Parents of school children likely to be affected by this change.

2) Agrees not to progress with a change that moves towards the statutory travelling distance for free school travel.

3) Agrees to alter the Policy on School Transport as agreed at the SPC meeting held on 18 May 2006 to ensure that travel arrangements for school children continues on the same basis prior to this date.

4) That arrangements are put in place as a matter of urgency to advise all parents of school children to be transported to school in August of this change.

5) That the shortfall in funding to maintain this service as outlined at 2 and 3 above be met from manpower costs by increasing the previously agreed provision from the non filling of vacancies.

6) That the Council is kept advised on the progress with this saving option as amended by virtue of 5 above as part of the normal budget monitoring process.

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Moved by Councillor Macaskill, seconded by Councillor Walsh.

Decision

Councillor Tacchi with the agreement of his seconder and the Council, withdrew his Motion in favour of the amendment and the Council resolved accordingly.

11. NOTICE OF MOTION UNDER STANDING ORDER 13 - INFORMATION ON SCHOOL TRANSPORT PROVISION

Councillor Morton, seconded by Councillor Tacchi had given notice of the following Motion in terms of Standing Order 13.

“ That the Council resolves as follows:-

That the Council requests reports from the Director of Community Services at each Council meeting from September 2006 until January 2007 arising from the change in educational transport policy agreed recently at the Strategic Policy Committee.

(a) The reports should cover the following issues:-

(b) The gross savings achieved since the introduction of the Policy change

(d) The costs of any additional Crossing Patrol staff

(e) The net savings made after all costs have been allowed for

(f) The number of primary children who have been removed from school transport

(g) The schools affected by the changes

(h) The number of children who have been granted such transport

(i) The location of those affected as at (g) and (h) above

(j) Any reduction in the number of vehicles (both Council and private) used in these contracts and the cost savings resulting

The Council agree to study these reports and assess the impact on children and the savings achieved by the change in policy when setting the 2007 Council Budget”.

Decision

In the light of the decision taken at item 10 of these minutes Councillor Morton intimated that she would not be proceeding to move the motion of which notice had been given. No other Member moved the motion and it accordingly fell.

Page 11 Agenda Item 4a

MINUTES of MEETING of BUTE AND COWAL AREA COMMITTEE held in the EAGLESHAM HOUSE, MOUNTPLEASANT ROAD, ROTHESAY, ISLE OF BUTE on TUESDAY, 6 JUNE 2006

Present: Councillor B Chennell (Chair)

Councillor D Currie Councillor G McKinven Councillor B Marshall Councillor J McQueen Councillor R Macintyre Councillor I Strong Councillor J R Walsh

Attending: Kenneth MacDonald, Area Corporate Services Manager Shirley MacLeod, Area Corporate Services Manager Eilidh Headrick, Area Committee Services/Information Officer Stewart Turner, Head of Roads and Amenity Services Alan Lothian, Area Roads and Amenity Services Manger Paul Convery, Planning/Development Officer David Eaglesham, Team Leader Development Control Jenny Carlile, Conservation Design Officer Donnie Kelly, Chief Solicitor Caroline Sheen, Estates Surveyor

1. APOLOGIES

An apology for absence was intimated on behalf of Councillor Scoullar.

2. DECLARATIONS OF INTEREST

Councillor Macintyre declared a non pecuniary interest in minute item 7(b) on the grounds of membership. He intimated that he would stay for the discussion but not take part in any voting.

3. MINUTES

(a) MINUTE OF AREA COMMITTEE OF 2ND MAY 2006

The minute of the Area Committee meeting of 2 May 2006 was approved as a correct record subject to the word “lest” being changed to “left” on the 5th line of the first paragraph on page 3 of the minutes.

4. CORPORATE SERVICES

(a) COURTESY NOTIFICATION OF A CHANGE TO THE PUBLIC PAYPHONES SERVICE IN YOUR AREA

The Area Committee heard from the Area Corporate Services Manager on the proposal by British Telecom to change 3 payphones to a cashless system.

Decision

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The Area Committee to write to British Telecom regarding the removal of a telephone box at Innellan Pier.

5. OPERATIONAL SERVICES

(a) A82 TARBET - FORT WILLIAM IMPROVEMENTS

The Committee heard from the Area Corporate Services Manager regarding the A82 Tarbet –Fort William improvements.

Decision

The Area Committee noted the contents of the report. They did not accept however that there would be any economic benefits to the Bute and Cowal Area as a result of this improvement work.

(Reference: Report by the Head of Transportation and Infrastructure dated 2nd May 2006 – submitted)

(b) TENDER FOR CHRISTMAS LIGHTING BUTE & COWAL

The Area Committee heard from the Head of Roads and Amenity Services on the tender for the installation, maintenance and decommissioning of Christmas lighting in Dunoon.

Decision

Noted the contents of the report with follow up report to come to the August Area Committee.

(Reference: Report by the Head of Transportation and Infrastructure dated 23 May 2006 – submitted)

The Committee heard from the Head of Roads & Amenity Services to the draft answers to the questions posed in the National Transport Strategy Consultation.

Decision

The Area Committee:-

(a) Approved the draft answers to the questions posed on the consultation document, as set out in the report, subject to the following amendments and alterations:-

Question Comment 4 Emphasis the Clyde and links to central belt 5 Greater emphasis on ferries and issues on the Clyde 10 Should be worded stronger, with the deletion of ring fenced funding 20 Highlight the issue of unadopted roads serving Page 13

remote/rural communities 21 Add reference to peninsulas 4/25/26 Express concerns in regard to the concept of travel plans 30 Consultation should be a priority, need interlinked transport especially for ferry users. 32 The reference to congestion changes should be removed and there should be a compulsion for Young Scot cards to be recognised. 34 Highlight the issue of Road Equivalent Tariff 44 Towns and Cities interchange does not apply to Argyll & Bute 46 Recognise that road pricing may have to be considered in cities where congestion is evident. 49 There appears to be an inconsistency with question 46.

(b) Agreed that a letter should be written to Strathclyde Passenger Transport advising them of their concerns regarding the service operating from platform 11a at Glasgow Central Station.

(Reference report by the Head of Transportation and Infrastructure dated 23 May 2006 – submitted)

(d) TRAFFIC MANAGEMENT AT ROTHESAY PIER - VERBAL REPORT

The Area Roads & Amenity Services Manager gave a verbal update on the traffic management arrangement at Rothesay Pier.

Decision

The Area Roads & Amenity Services Manager to accompany Councillors Macintyre and Strong visiting the pier. The situation is to be monitored for 1 month.

6. DEVELOPMENT SERVICES

(a) REPORT ON PROPOSED AMENDMENTS TO FINALISED DRAFT PROCESS AND FUTURE TIMESCALE OF LOACL PLAN PROCESS

The Area Committee heard from the Planning/Development Officer on the proposed amendments to the Finalised Draft Process and Future Timescale of Local Plan Process and expressed their disatisfaction regarding timescales on issuing of these papers.

Decision

The Area Committee agreed to recommend approval of the amendments to the Finalised Draft Local Plan to the Strategic Policy Committee, subject to the following amendment:-

That the areas currently identified in the Windfarm Policy Map as “preferred area of search” (for Windfarms and individual turbines) for the Cowal Area Page 14

be altered within the finalised Draft to “constrained areas”. (b) PLANNING APPLICATION 05/02427/DET, MR M LINDOP, 8 CROCHAN ROAD, DUNOON

The Area Team Leader, Development Control detailed the proposed development at this property and the reasons for the recommendation to be granted.

Decision

The Committee unanimously refused the application on the grounds of “Bad Neighbour Development” in terms of POL COMM 5.

Decision

The Committee agreed that an informal site inspection be held prior to the determination of this application.

(d) PLANNING APPLICATION 05/01916/DET, MRS ELSPETH CAMERON, 6 GRAND MARINE COURT, 42 ARGYLE STREET, ROTHESAY

The Area Team Leader, Development Control detailed the proposed development at this property and the reasons for the recommendation to be refused.

Decision

The Committee approved the application, for although it is a relatively minor departure from the Council’s non Statutory Rothesay Window Policy Statement (1996), solely because of the method of opening, the proposal does not conflict with STRAT DC9, Local Plan Pol BE1 and BE6 or Emerging Plan Policy LP Env 13 and Env14 in that the character, visual and architectural quality of the building or area will not be diminished. In this respect it will have the minimal, if any, impact upon the Category C listing of this building.

(e) PLANNING APPLICATION 05/02042/LIB, MRS ELSPETH CAMERON, 6 GRAND MARINE COURT, 42 ARGYLE STREET, ROTHESAY

The Area Team Leader, Development Control detailed the proposed development at this property and the reasons for the recommendation to be refused.

Decision

The Committee approved the application, for although it is a relatively minor departure from the Council’s non Statutory Rothesay Window Policy Page 15

Statement (1996), solely because of the method of opening, the proposal does not conflict with STRAT DC9, Local Plan Pol BE1 and BE6 or Emerging Plan Policy LP Env 13 and Env14 in that the character, visual and architectural quality of the building or area will not be diminished. In this respect it will have the minimal, if any, impact upon the Category C listing of this building.

(f) PLANNING APPLICATION 06/00267/DET, PORTAVADIE ESTATES LTD, TIGH-NA-MARA, PORTAVADIE

Decision

Approved subject to the conditions contained in the report by the Head of Planning dated 24th May 2006.

(g) PLANNING APPLICATION 06/00815/DET, MR J TORRENS, LAND 100 METRES TO THE SOUTH WEST OF ARDENCRAIG HOUSE, ROTHESAY

Decision

Approved subject to the conditions contained in the report by the Head of Planning dated 24th May 2006.

(h) PLANNING APPLICATION 06/00307/COU, MR BRIAN MCDONALD, COTTAGE 2 BALLOCHYLE FARM, SANDBANK

Decision

The application be continued to the next Area Committee to allow for clarification from SEPA on the issue of flood risk pertaining to the site and to determine the existing use of the buildings, and when/if consent was granted to convert to a dwelling house.

(i) DELEGATED DECISIONS

The Committee noted Delegated Development Control and Building Control Decisions made since the last meeting.

7. EXEMPT ITEMS

(a) ARGYLL MAUSOLEUM

The Area Committee heard from the Area Roads & Amenity Services Manager on matters dealing with repairs at the Argyll Mausoleum, Kilmun.

Decision

The Committee: - 1. noted the estimated costs to meet legal obligations for the property Page 16

2. seeks confirmation from the Director of Operational Services as to possible budgetary provision to carry out the minimum work needed for the Council to avoid potential litigation. 3. Requests that the Director of Operational Services seeks other grant funders and investigates the possibility of a partnership with a community trust.

(Reference: Report by the Area Roads & Amenity Services Manager – submitted)

(b) LAND AT MEADOWS ROTHESAY

The Area Committee considered a report dated 16th May 2006 by the Director of Corporate Services in regard to licence terms agreed with the Bute Agricultural Society in respect of land at King George V Playing Fields, Rothesay.

Decision

The Area Committee agreed to recommend to the Strategic Policy Committee that the Director of Corporate Services be instructed to conclude a licence with the Bute Agricultural Society on the terms set out in the report, subject to (a) the insertion of the words “take all reasonable steps to” between the words “shall” and “ensure” in point 7 of the list of terms; and (b) approval by the Scottish Ministers with regard to the proposed nominal rent.

(Reference: Report by the Director of Corporate Services dated 16th May 2006 – submitted)

The Committee considered a report dated 23rd May 2006 by the Head of Legal and Protective Services in regard to a request for purchase of an area of ground at St Catherines.

Decision

The Area Committee agreed to recommend to the Strategic Policy Committee that the Head of Legal & Protective Services be instructed to proceed to sell the land to the prospective purchasers at the price stated in the report.

(Reference: Report by Head of Legal and Protective Services dated 23 May 2006 – submitted)

(d) REPORT ON APPEALS DECISIONS

Report on Appeals Decisions - Noted

(e) ENFORCEMENT REPORT

Enforcement Report 01/00063/ENFOTH – no further action

Page 17 Agenda Item 4b

MINUTES of MEETING of HELENSBURGH & LOMOND AREA COMMITTEE held in the VICTORIA HALLS, SINCLAIR STREET, HELENSBURGH on TUESDAY, 6 JUNE 2006

Present: Councillor Kinloch (Chair) Councillor Freeman Councillor Stewart Councillor Morton Councillor Tacchi Councillor Mulvaney Councillor Thompson Councillor Reay

Attending: Lynn Smillie, Area Corporate Services Manager Howard Young, Area Team Leader Development Control Alan Kerr, Area Roads and Amenity Services Manager Dave Duthie, Head of Transportation and Infrastructure Jim Robb, Head of Integrated Care Donald Brown, Area Property Officer Lorna Campbell, Area Community Regeneration Manager Eric Whitelaw, Home Safety Project Officer Anne Austin, Resource Manager Older People Services Sybil Johnson, Senior Planning and Strategies Officer Adrian Jackson-Stark, Statutory Plans Officer David Rae, Area Housing Manager Charlie Cairns, Lower Clyde Greenspace Project

1. APOLOGIES

Apologies for absence were intimated on behalf of Councillor Petrie and Councillor Kelly.

2. NOTICE OF MOTION

The Area Corporate Services Manager advised that the following Notice of Urgent Motion under terms of Standing Order 14.1 moved by Councillor Tacchi and seconded by Councillor Mulvaney had been received.

The Helensburgh and Lomond Area Committee notes with concern that over a dozen caravans and trade vehicles have been parked on the Pier Car Park since 1 June 2006 and, despite the most prompt action by Housing Department Staff and promises by the owners to move from the Car Park on 2 June, they still remain and would request that the Director of Operational Services and Area Housing Manager

i) Work in cooperation with the appropriate agencies including Strathclyde Police to take immediate steps to ensure the speedy removal of the unauthorised encampment.

ii) Note with the Faslane Fair 2006 scheduled for 17 June, take all necessary steps to ensure that the Car Park site is available for this event.

Page 18

iii) Give an informal report by email to the Helensburgh and Lomond Area Committee by Friday 9 June 2006.

iv) Bring a formal report to the July Area Committee outlining the action taken in this regard and proposals to prevent a repetition.

The Chair ruled in terms of Standing Order 14 that this motion be taken as a matter of urgency by reason of the circumstances of the situation. It was agreed the Urgent Motion would be considered at Item 8 of this minute.

The Chair ruled to vary the order of business and intimated that Item 5(d) Argyll and Bute Local Plan Modifications would be considered as the last item of business.

3. DECLARATIONS OF INTEREST (IF ANY)

Councillor Kinloch declared a non-pecuniary interest in Item 5(c) Planning Application – Cardross Golf Club – Erection of 7.2 metre fence as he is a life member of Cardross Golf Course. He left the room and took no part in the discussion of this item.

Councillor Tacchi declared a non-pecuniary interest in Item 5(d) Planning Application - Osborne Interiors Ltd – Erection of 3 dwellinghouses – Land between 19 and 37 Cumberland Avenue, Helensburgh due to the fact that a family member has made representation to the application. He left the room and took no part in the discussion of this item.

Councillor Morton declared a pecuniary interest in Item 5(a) Page 19 06/000447/ALTER as the work being undertaken in her home, she took no part in the discussion of this item.

Councillor Mulvaney indicated that numerous employees of Helensburgh Toyota had made representation both for and against the Osborne Interiors Ltd application and as a result sought advice on whether or not to declare an interest as a Director of this organisation. He advised that since none of these representations were made by close family members or close friends and had no influence on his decision he would not be declaring an interest and was satisfied that he was not in breach of the Council’s Code of Conduct and would participate in the determination of Item 5(d) Planning Application – Osborne Interiors Ltd – Erection of 3 dwellinghouses – Land between 19 and 37 Cumberland Avenue, Helensburgh.

4. PREVIOUS MINUTES

(a) AREA COMMITTEE - 2 MAY 2006

The Committee approved the Minutes of the meeting of 2 May 2006 as a correct record.

5. DEVELOPMENT SERVICES

Page 19

(a) MONTHLY LIST OF DELEGATED DECISIONS BY THE HEAD OF DEVELOPMENT SERVICES

Monthly list of delegated decisions taken by the Director of Development Services with regard to planning applications and building warrants since the last Committee were submitted for information.

Decision

Noted the contents of the report.

(Reference: Report by Head of Planning dated 19 May 2006)

(b) PLANNING APPLICATION - SMIDDY HOUSE, OAKFIELD, GARELOCHHEAD

05/01495/DET – Mr and Mrs Monaghan – Detailed Application – Erection of two dwellinghouses and detached garages – Smiddy House, Oakfield, Garelochhead

Decision

Approved the application subject to Conditions and Reasons recommended by Head of Planning.

(Reference: Report by Head of Planning dated 30 May 2006)

05/02296/DET – Cardross Golf Club – Detailed Application – Erection of 7.2 metre fence – Cardross Golf Club, Cardross

Decision

Agreed to continue the application to a PAN 41 hearing including a site inspection.

(Reference: Report by Head of Planning dated 30 May 2006)

(d) PLANNING APPLICATION - LAND BETWEEN 19 AND 37 CUMBERLAND AVENUE, HELENSBURGH

06/00361/DET – Osborne Interiors Ltd – Detailed Application – Erection of 3 dwellinghouses – Land between 19 and 37 Cumberland Avenue, Helensburgh

Decision

i) To note two pieces of correspondence from Osborne Interiors dated 5 June 2006 and an e-mail dated 5 June 2006 from Mr Guy Phillips.

Motion Page 20

Moved by Councillor Reay and seconded by Councillor Stewart.

To refuse the application on the basis of the reasons contained within the report dated 16 May 2006 without holding a discretionary hearing.

Amendment

Moved by Councillor Mulvaney and seconded by Councillor Thompson.

Agree to continue application to allow Officers to bring forward a report to the August Area Committee to enable Members to consider the merits of modifying the Tree Preservation Order (TPO) in relation to this particular site.

The report should update Members on the current condition of this site in light of the further information that has become available since the TPO was initially promoted.

It should also address the merits of this particular site within the whole area covered by the TPO, taking cognisance that the majority of trees are larch – a traditional timber crop, that the site is difficult to access, and that the site represents a gap between two residential developments on the same road.

ii) The Amendment was carried by 5 votes to 2 and the Committee resolved accordingly.

(Reference: Report by Head of Planning dated 16 May 2006)

(e) PLANNING APPLICATION - STRONCHULLIN, PEATON, COVE

06/00518/DET – Robert Shaw – Detailed Application – Erection of double garage with studio over and formation of new access – Stronchullin, Peaton, Cove

Decision

Approved the application subject to conditions and reasons recommended by Head of Planning.

(Reference: Report by Head of Planning dated 30 May 2006)

(f) PLANNING APPLICATION - LAND AT 40 CAMPBELL STREET, HELENSBURGH

06/00745/DET – Mr and Mrs Collins – Detailed Application – Erection of dwellinghouse and formation of access – Land at 40 Campbell Street, Helensburgh

Decision Page 21

Agreed to continue consideration of planning application to site inspection meeting.

(Reference: Report by Head of Planning dated 30 May 2006)

(g) PLANNING APPLICATION - COLGRAIN EQUESTRIAN CENTRE, CARDROSS

06/00791/COU – Mr W Hill – Change of use application – Location of residential caravan within equestrian centre – Colgrain Equestrian Centre, Cardross

Decision

i) Approved the application subject to Conditions and Reasons recommended by Head of Planning.

ii) Agreed to modify Condition 2 to read “At the end of the period of permission, or if the business known as Colgrain Equestrian Centre with which the mobile home is associated ceases operations prior to the end of the permission, the mobile home shall be removed and the land restored to its former condition as open yard.

(Reference: Report by Head of Planning dated 18 May 2006)

(h) PLANNING APPLICATION - 11 MACLACHLAN ROAD, HELENSBURGH

06/00936/DET – Mr and Mrs David Smith – Detailed Application – Erection of dwellinghouse and formation of new vehicular access – 11 MacLachlan Road, Helensburgh

Decision

Agreed to continue consideration of the planning application to a site inspection meeting.

(Reference: Report by Head of Planning dated 17 May 2006)

EXCLUSION OF PRESS AND PUBLIC

The Committee resolved in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the public for the following two items of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraph 13 of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

(i) ENFORCEMENT REPORT - WEST PRINCES STREET, HELENSBURGH

Enforcement Report – Erection of an unauthorised advertisement sign West Princes Street, Helensburgh

Decision Page 22

Agreed with recommendations contained within the report.

(Reference: Report by Head of Planning dated 16 May 2006)

(j) TREE PRESERVATION ORDER - ENFORCEMENT REPORT HELENSBURGH

A report outlining failure to undertake planting specified by the Council.

Decision

Agreed to continue consideration of Enforcement Report until August 2006 and in the interim for the Enforcement Officer to inform the applicant of the Council’s intentions and expectations.

(Reference: Report by Head of Planning 13 April 2006)

(k) ARGYLL AND BUTE LOCAL PLAN MODIFICATIONS

Moved to last item of business.

(l) HELENSBURGH SKATING POND

A report outlining the options for addressing the problems managing the skating pond in relation to vegetation growth.

Decision

i) Note the content of the report.

ii) Agreed to recognise the need to act on this priority site.

iii) Agreed that the pond area be managed towards establishing ⅔ of the area as an open water and ⅓ as managed vegetation beneficial for biodiversity.

iv) Agreed that a grant be sought to support this project.

v) Noted that additional funding may be required from the Council to support this scheme once a clearer picture is available of grants and match funding.

vi) Noted that skating pond working group would continue to coordinate the project.

(Reference: Report by Head of Planning dated 25 April 2006)

(m) NATIONAL TRANSPORT STRATEGY CONSULTATION

A report providing the opportunity to comment on the Council’s draft responses to the questions posed in the National Transport Strategy consultation. Page 23

Decision

i) Noted the contents of the report.

ii) Agreed to recommend to the Strategic Policy Committee that the following comments be considered:

a) Detailed responses contained within the draft responses document are vague and disappointing. Request the Head of Transportation and Infrastructure amend the comments to ensure that the Council’s responses are clear and concise.

b) In response to specific questions:

Q7 The response needs to be explicit as to the potential opportunities at Macrihanish.

Q12 The Council response should make it explicit that the Scottish Executive should be encouraging freight transport within Argyll and Bute is undertaken by rail and sea.

Q34 Make it explicit that ferry fares are too high and make suggestions as to how fares can be amended.

Q46-49 Do not support the principle of road pricing and it is not an Argyll and Bute issue.

(Reference: Report by Head of Planning and Head of Roads & Amenity Services dated 23 May 2006)

6. OPERATIONAL SERVICES

(a) OCCUPATION OF FOOTWAYS

A report providing information regarding the occupation of footways and to consider measures to address potential obstruction difficulties.

Decision

i) Noted the content of report.

ii) Agreed to retain the status quo with the Area Amenity and Roads Manager dealing with retailers/businesses on a case by case basis and should there be any unsolved cases that the Area Roads and Amenity Services Manager inform the Area Committee of the situation.

iii) Request the Area Roads and Amenity Services Mnager circulate the advisory information to the Helensburgh and District Chamber Page 24

of Commerce and Helensburgh Retailers Association.

Councillor Tacchi having moved an amendment which failed to find a seconder, required his dissent to be recorded.

(Reference: Report by Area Roads & Amenity Services Manager dated 6 June 2006)

(b) ROAD WORKS PROGRAMME 2006-2007

A report providing further information on the roads revenue budget to fund the Work Programme in the Helensburgh and Lomond area in 2006/07.

Decision

Agreed to approve the proposed allocations of additional budget as detailed in report.

(Reference: Report by Area Roads Amenity Services Manager dated 6 June 2006)

A report providing an update on the progress of the works in relation to fence, gates and associated works at the Victoria Halls.

Decision

To note the content of the report.

(Reference: Report by Area Property Officer dated 30 May 2006)

7. COMMUNITY SERVICES

(a) LEISURE DEVELOPMENT GRANTS

Three Leisure Development Grants were presented for consideration.

Decision

i) Noted the balance of £15,255 for financial year 2006/2007.

ii) Agreed to award certificates to successful applications.

iii) Three Leisure Development Grants were determined as follows:

Applicant Narrative Project Grant Cost Awarded

Helensburgh Music on the Streets Festival £3,000.00 £1,035.00 Retailers Association

Page 25

Cove Sailing 2 Day Regatta £2,535.00 £1,500.00 Club

Helensburgh Administration Costs £ 570.00 £ 240.00 And District Access Forum

(Reference: Report by Area Community Regeneration Manager dated 6 June 2006)

(b) EDUCATION DEVELOPMENT GRANTS

One Education Development Grant was presented and one for consideration of change of use for a previous grant award.

Decision

iv) Noted the balance of £20,654.50 for financial year 2006/2007.

v) Agreed to award certificates to successful applications.

vi) One Education Development Grant and a change of use was determined as follows:

Applicant Narrative Project Grant Cost Awarded

Helensburgh Summer Programme 2006 £9,384.00 £1,995.00 and Lomond Youth Forum

vii) Noted that Arrochar, Tarbet and Ardlui Heritage Trust who had previously been awarded £1,175 have requested a change of use of a proportion of the grant awarded to the value of £371.62.

viii) Agreed to change of use of the award previously granted to Arrochar, Tarbet and Ardlui Heritage Trust towards the cost of a history banner.

(Reference: Report by Area Community Regeneration Manager dated 2 May 2006)

A report outlining the details relating to the introduction of the Community Care (Scotland) Act 2002 Policy of Free Personal Care within the Helensburgh and Lomond area, the current situation relating to the clients Page 26

awaiting Free Personal Care Funding, the moratorium on spend across all Social Work Services and the level of funding from the Scottish Executive to support free personal care.

Decision

i) Recorded its grave concerns over the position which Argyll & Bute Council has placed itself in over care of the elderly.

ii) Blamed the Independent Administration for mishandling the GAE for care of the elderly by allocating over £4 million of the GAE for elderly care elsewhere.

iii) Blamed the Independent Administration Budget of 2006 which cut funding for care of the elderly and which every Independent Councillor voted for.

iv) Recorded its concern that such a disproportionate number of Helensburgh and Lomond residents awaiting free person care funding, particularly in view of the fact that Helensburgh and Lomond has no Council operated care homes which take a disproportionate share of the budget.

v) Agreed to recommend to the Audit Committee as a matter of urgency to clarify all the funding issues involved and to give a clear statement of how all the money allocated by the Executive for care of the elderly is spent.

(Reference: Report by Head of Integrated Care dated 31 May 2006)

8. URGENT MOTION

Moved by Councillor John Tacchi and seconded by Councillor Gary Mulvaney.

The Helensburgh and Lomond Area Committee notes with concern that over a dozen caravans and trade vehicles have been parked on the Pier Car Park since 1 June 2006, and despite the most prompt action by Housing Department Staff and promises by the owners to move from the Car Park on 2 June, they still remain and would request that the Director of Operational Services and the Area Housing Manager:

i) Work in cooperation with the appropriate agencies including Strathclyde Police to take immediate steps to ensure the speedy removal of the unauthorised encampment.

ii) Note with the Faslane Fair 2006 scheduled for 17 June, take all necessary steps to ensure that the Car Park site is available for this event.

iii) Give an informal report by email to the Helensburgh and Lomond Area Committee by Friday 9 June 2006.

iv) Bring a formal report to the July Area Committee outlining the action Page 27

taken in this regard and proposals to prevent a repetition.

Decision

Agreed to the terms of the Motion.

9. ARGYLL & BUTE LOCAL PLAN MODIFICATIONS

A report identifying the main general and localized issues following the publication of the finalized Draft Local Plan and the next key milestones for the production of the Local Plan.

Decision

i) Agreed to congratulate the Local Plan Team for their work in the production of the Argyll & Bute Council Local Plan.

ii) Agreed to recommend to the Council to approve the modifications of maps as conta9ined in Appendix B of the report and the circulated maps document with the following amendments:

a) HAL 4 to note the details of the Area Committee decision to consider the merits of modifying the Tree Preservation Order (TPO) in relation to this particular site.

b) HAL 7 to retain the open space and insert community facility allocation at top of coloured area.

c) HAL 12 Sernior Planning and Strategies Officer to clarify position of area highlighted.

iii) Agreed to recommend to the Council to approve modification 1-6 and 8- 11 as contained in Appendix A.

Agreed to adjourn the Area Committee until Wednesday 7 June 2006 at 4.00pm in the Victoria Halls.

Page 28

This page is intentionally left blank Page 29 Agenda Item 4c

MINUTES of RECONVENED MEETING of HELENSBURGH & LOMOND AREA COMMITTEE held in the VICTORIA HALLS on WEDNESDAY, 7 JUNE 2006

Present: Councillor Kinloch (Chair) Councillor Morton Councillor Stewart Councillor Mulvaney Councillor Tacchi Councillor Reay

Attending: Lynn Smillie, Area Corporate Services Manager Sybil Johnson, Senior Planning and Strategies Officer

1. APOLOGIES

Apologies for absence were intimated on behalf of Councillors Freeman, Petrie, Kelly and Thompson.

2. ARGYLL & BUTE LOCAL PLAN MODIFICATIONS

Decision

i) Agreed to recommend to the Council to approve the Modifications Nos. 12-155 with the following Amendments:

MOD 38 Take out “adequate” in paragraph.

MOD 40 Remove “and” and insert “or”.

Remove “incapable” and insert “uneconomically justifiable or is incapable for a modern purpose”.

MOD 43 Insert “unless detailed justification is provided”.

MOD 50 Remove “adequate”.

MOD 104 Remove “and shortfall in adjoining Local Plan area”.

MOD 124 Head of Strategy Plans to retain the level of housing allocation to 345 as the modifications have reduce the level to 308 and replace the displaced allocation of 46 elsewhere within the Helensburgh and Lomond area.

Councillor Kinloch (Chair) left the meeting and in terms of Standing Order CS5 as the Chair and Vice Chair were both absent the Members present chose Councillor Morton to Chair the meeting.

Page 30

MOD 7 Amend paragraph to read:

“Argyll and Bute is a diverse area, comprising of islands, large rural and remote areas and a number of main towns. In pursuing 2.17 and 2.18 it recognises the diversity of area and the key underlying issues as outlined below and incorporating a new issue affordable housing and the loss of retail outlets within the changing economic base.”

ii) To note the next key milestone for the production of the Local Plan.

(Reference: Report by Head of Planning dated 6 June 2006)

Page 31 Agenda Item 4d

MINUTES of MEETING of OBAN LORN & THE ISLES AREA COMMITTEE held in the COUNCIL CHAMBER, MUNICIPAL BUILDINGS, ALBANY STREET, OBAN on WEDNESDAY, 7 JUNE 2006

Present: Councillor Alasdair MacDougall (Chair)

Councillor Robin Banks Councillor Allan Macaskill Councillor Ian Gillies Councillor Sidney MacDougall Councillor Donald McIntosh Councillor Duncan MacIntyre Councillor Elaine Robertson

Attending: George Harper, Director of Development Services Kenneth Macdonald, Area Corporate Services Manager Hugh Blake, Senior Estates Surveyor Iain MacKinnon, Senior Environmental Health Officer Tricia Slater, Community Learning & Regeneration Angus Gilmour, Head of Planning Services Ian MacIntyre, Area Team Leader, Planning Services Blair Fletcher, Transportation Manager Adrian Jackson-Stark, Statutory Plans Officer Sandy McTaggart, Head of Facility Services Neil Brown, Area Roads & Amenity Services Manager Phil Preston, Caledonian MacBrayne Ltd Hugh Dan McLennan, Caledonian MacBrayne Ltd Janet Buchanan, Social Work Members of the public

1. APOLOGIES FOR ABSENCE

There were no apologies for absence.

2. DECLARATIONS OF INTEREST

Councillor Ian Gillies declared a non-pecuniary interest in item 5(m) of this minute because of his position as a board member of Caledonian MacBrayne Ltd.

Councillor Macaskill declared an interest in that part of item 5(k) relating to Connel.

Councillor Elaine Robertson declared a non-pecuniary interest in planning application refs 05/02395/OUT and 06/00219/OUT, dealt with at items 5(c) and 5(g) of this minute respectively, and in item 8(c) because of her husband’s position with a firm of solicitors with an interest in these matters.

3. CORPORATE SERVICES

(a) MINUTE OF OBAN LORN AND THE ISLES AREA COMMITTEE MEETING HELD ON 3RD MAY 2006

Page 32

The minute of the meeting of the Oban, Lorn & the Isles Area Committee held on 3rd May 2006 was approved as a correct record.

Arising therefrom the Area Corporate Services Manager advised that planning application ref 05/02058/OUT, dealt with at item 4(h) of the minute, which was to be continued to today’s meeting, had been withdrawn.

(b) REPORT BY CHIEF PROTECTIVE SERVICES OFFICER IN REGARD TO TWEEDALE STREET CAR PARK

Members considered a report by the Chief Protective Services Officer in regard to the possibility of redeveloping the Tweedale Street car park to increase available car parking in Oban.

Decision:

Members noted that (a) Protective Services are in the process of undertaking an initial investigation of the site to identify the extent and requirement for remediation works as part of the redevelopment; and (b) a further report will be submitted to the next meeting detailing the outcome of the assessment under the contaminated land regime.

(Ref: Report by the Chief Protective Services Officer dated May 2006, submitted)

Members considered a report by the Development Services Projects Manager in regard to the Oban Action Plan produced by Messrs Ironside Farrar, copies of which had been circulated previously.

Decision:

Members agreed:

(a) to endorse the conclusions and recommendations in the Oban Action Plan;

(b) that the Oban Action Plan be referred to the Strategic Policy Committee for formal adoption by the Council; and

(c) that the Strategic Policy Committee be requested to consider the financial and personnel resource implications of implementing the Oban Action Plan, and to include, as the highest Council priority, appropriate amounts in future budgets which will reflect the priorities identified in the Corporate Plan and related Area Strategy.

(Ref: Report by the Development Services Project Manager and the Oban Action Plan by Messrs Ironside Farrar, submitted)

Page 33

4. COMMUNITY SERVICES

(a) APPLICATIONS FOR FINANCIAL ASSISTANCE UNDER THE EDUCATION DEVELOPMENT GRANT SCHEME

Members considered an application from Girlguiding Argyll for financial assistance of £1,500 under the Education Development Grants Scheme towards the cost of an Argyll & Bute wide training event for Guide leaders estimated to cost £3,250.

Decision:

It was agreed to award a grant of £375 towards the cost of the Oban, Lorn & the Isles element of this event.

(Ref: Report by the Community Learning and Regeneration Manager, submitted)

(b) APPLICATIONS FOR FINANCIAL ASSISTANCE UNDER THE LEISURE DEVELOPMENT GRANT SCHEME

Members dealt with applications for financial assistance under the Leisure Development Grants Scheme as follows:

Applicant Description Cost of Amount Decision Requested Project

Oban Area Equipping and £2,821.00 £1,410.00 Grant of Coaching running junior shinty £1,200.00 Committee league competitions for Shinty and providing coaching assistance.

Kilmelford & Bringing a theatre £700.00 £350.00 Guarantee Kilninver company to the against Community village hall to loss up to Association perform a maximum of £250.00 Luing Setting up and £2,156.55 £1,078.00 Grant of Archers equipping an £200.00 archery group on Luing

Totals £5,677.55 £2,838.00 £1,650.00

(Ref: Report by the Community Learning & Regeneration Manager, submitted)

Page 34

5. DEVELOPMENT SERVICES

(a) LIST OF BUILDING STANDARDS DELEGATED DECISIONS ISSUED BY THE DIRECTOR OF DEVELOPMENT SERVICES SINCE THE LAST MEETING

Members considered, and noted, a list dated 19th May 2006 of Building Standards delegated decisions in respect of which approvals had been issued since the last meeting.

(Ref: List of approvals dated 19th May 2006, submitted)

(b) LIST OF TOWN AND COUNTY PLANNING DELEGATED DECISIONS ISSUED BY THE DIRECTOR OF DEVELOPMENT SERVICES SINCE THE LAST MEETING

Members considered, and noted, a list dated 19th May 2006 of Town and Country Planning delegated decisions which had been issued since the last meeting.

(Ref: List of delegated decisions dated 19th May 2006, submitted)

It was agreed that consideration of this application be continued to allow further discussions to be held between the applicant, Planning Services and Roads & Amenity Services in regard to the access arrangements to this site.

(Ref: Report dated 15th May 2006 by the Head of Planning, submitted)

(d) 06/00202/DET: FIONA VERONICA BROWN: ERECTION OF NEW POST OFFICE AND STORES WITH INTEGRAL LIVING ACCOMMODATION - AMENDED DESIGN TO PREVIOUS APPROVAL 05/01923/DET- THE POST OFFICE, PENNYGHAEL, ISLE OF MULL

The Area Team Leader, Planning Services advised Members that a late letter of representation had been received from Messrs Anderson Strathearn, Solicitors, but that this raised no new issues not already addressed in his report. He further advised that reference had been omitted from the report, under ‘Publicity and Representations’, to an objection having been lodged by Mr C Pease, but that the terms of this objection had, however, been taken into consideration within the body of the report.

After consideration of Supplementary Report No.1 dated 5th June 2006 by the Head of Planning, it was agreed that this application be approved, subject to (a) the conditions set out in the report dated 30th May 2006 by the Head of Planning, and (b) a Section 75 agreement being entered into requiring that the residential accommodation shall not be sold separately from the Post Office and shop business.

Page 35

(Ref: Report dated 30th May 2006 and Supplementary Report No.1 dated 5th June 2006 by the Head of Planning, submitted)

(e) 06/00110/OUT: MR E ROBERTSON: ERECTION OF A DWELLING - LAND AT ARDORAN LERAGS

Withdrawn.

(f) 06/00158/DET: MR D. LYLE: ERECTION OF DWELLINGHOUSE: LAND SOUTH OF WHIN BANK, CLACHAN SEIL, BY OBAN

It was agreed that consideration of this application be continued to allow a site inspection meeting to be held on 26th June 2006 to allow time for clarification of the following issues: (a) the approved application for outline permission (ref.03/01591/OUT) was for a house of up to one and a half storeys, but the current application relates to a house of two storeys; (b) the proposed water supply; (c) to obtain a response from the Area Roads Engineer; and (d) the design conditions imposed on the outline permission.

(Ref: Report dated 11th April 2006 by the Head of Planning, submitted)

(g) 06/00219/OUT: MR S BARTON: ERECTION OF A DWELLING AND SEPTIC TANK - PLOT 2 DEERVIEW, TAYNUILT

Approved as a minor departure from the approved Development Plan, subject to (a) conditions 1-5 and 7-10 as set out in the report dated 7th April 2006 by the Head of Planning; and (b) the amendment of condition 6 to reflect that the first five metres of the access from the public road shall be finished in tarmacadam.

(Ref: Supplementary Report No.1 dated 18th May and Report dated 7th April 2006 by the Head of Planning, submitted)

(h) 06/00403/DET: MR AND MRS A BLACK: ERECTION OF DWELLING HOUSE AND SEPTIC TANK AND FORMATION OF NEW SHARED ACCESS - LAND EAST OF LEDAIG HOUSE, BENDERLOCH

Approved as a minor departure from the approved Development Plan, subject to (a) the conditions set out in the report dated 16th May 2006 by the Head of Planning; and (b) a Section 75 agreement being entered into relating to access and planting as set out in the aforesaid report.

(Ref: Report dated 16th May 2006 by the Head of Planning, submitted)

(i) 06/00793/OUT: MR & MRS R. DI CIACCA: ERECTION OF A CROFTHOUSE - LAND WEST OF DUNMORE, AIRDS BAY, TAYNUILT

Withdrawn.

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(j) REPORTER'S DECISION IN REGARD TO PLANNING APPLICATION REF. 05/00713/OUT: MO DHACHAIDH, ISLE OF IONA

Members noted the terms of a letter dated 3rd May 2006 from the Scottish Executive Inquiry Reporters Unit advising that the appeal against the failure of the Council to give a decision on application ref.05/00713/DET for the installation of replacement windows and a change of roofing material on the dwelling house ‘Mo Dhachaidh’, Baile Mor, Isle of Iona had been allowed in part.

(Ref: Letter dated 3rd May 2006 from the Scottish Executive Inquiry Reporters Unit, submitted)

(k) REPORT BY HEAD OF PLANNING SERVICES IN REGARD TO PROPOSED AMENDMENTS TO THE FINALISED DRAFT ARGYLL & BUTE LOCAL PLAN

Members considered a report by the Head of Planning Services in regard to proposed amendments to the finalised draft Argyll and Bute Local Plan.

Decision:

Members (a) approved the amendments contained within appendices A (as amended) and B of the report; (b) noted the key milestones in the production of the Argyll and Bute Local Plan; and (c) agreed to recommend to the Council that the Modified Finalised Draft Local Plan be placed on deposit for a six week period to allow further comments and objections to be raised against the proposed amendments.

(Ref: Report by the Head of Planning Services, submitted)

(l) REPORT BY HEAD OF TRANSPORTATION & INFRASTRUCTURE IN REGARD TO NATIONAL TRANSPORT STRATEGY CONSULTATION

Members considered a joint report dated 23rd May 2006 by the Head of Transportation and Infrastructure and the Head of Roads and Amenity Services in regard to the Council’s draft response to the questions posed in the Scottish Executive’s National Transport Strategy consultation.

Decision:

The Committee approved the draft answers to the questions posed in the consultation document as set out in the joint report by the Head of Transportation & Infrastructure and the Head of Roads & Amenity Services dated 23rd May 2006, subject to minor textual alterations and the following:-

(a) There is a lack of recognition of rural / islands issues in the consultation questions;

(b) The appointment of a Minister for the Highlands and Islands should be pursued;

5 The investment on new and existing infrastructure falls far short of what is required; 9 Stand alone line is unlikely to be constructed. Express train could be considered; 10 Funding must be increased; 14 Reference should be made to A82; 26 Change in public transport will never replace the car in rural areas, e.g. people drive to work at different times, etc; 28 Express concerns regarding safety when cycling. Massive investment required by Scottish Executive. Separate cycle lanes well away from roads; 32 Free travel for over 60’s i.e., bus travel; 36 Who will fund?; 38 More severe penalties; 45 The Scottish Executive must invest more to alleviate congested areas; 46 Argyll and Council does not support road pricing at a local level; 47 Not appropriate within Argyll and Bute; 53 What are the targets?

(Ref: Joint report dated 23rd May 2006 by the Head of Transportation and Infrastructure and the Head of Roads and Amenity Services, submitted)

(m) REPORT BY HEAD OF TRANSPORTATION & INFRASTRUCTURE IN REGARD TO WINTER FERRY SERVICES: COLL AND TIREE

Members considered a report by the Head of Transportation and Infrastructure in regard to progress towards the continuing provision of an additional ferry sailing between Oban, Coll and Tiree during the course of the winter timetable.

Decision:

It was agreed to:

(a) note the contents of the report; and

(b) authorise the Director of Development Services to make representation to the Scottish Executive to include the additional winter sailing in the forthcoming tender specification in accordance with the arguments set out in the report by the Head of Transportation and Infrastructure.

(Ref: Report by the Head of Transportation and Infrastructure dated May 2006, submitted)

(n) REPORT BY AREA ROADS & AMENITY SERVICES MANAGER IN REGARD TO EFFECT OF COLL AIRFIELD CONSTRUCTION TRAFFIC

Members considered a report dated 22nd May 2006 by the Area Roads and Amenity Services Manager in regard to damage to the B8070 Arinagour to Page 38

Breachacha road, Coll, and proposals for remedial work.

Decision:

It was agreed to instruct the Head of Transportation & Infrastructure to prepare costs for remedial works to the B8070.

(Ref: Report dated 22nd May 2006 by the Area Roads and Amenity Services Manager, submitted)

6. OPERATIONAL SERVICES

(a) REPORT BY HEAD OF FACILITY SERVICES IN REGARD TO CORRAN HALLS - CONFERENCE PROVISION - FORMER LIBRARY AREAS

Members considered a report dated 7th June 2006 by the Head of Facility Services in regard to the progress of plans for the Labour Party conference in November, the required upgrade works at the Corran Halls and the utilisation of the former library areas within the building.

Decision: It was agreed:

(a) to note the progress with preparations for the Labour Party conference;

(b) to note that there is no budget provision for the costs of the marquee hire;

(c) to note that there is no budget provision for the required upgrade works at the hall or the procurement of conference furniture;

(d) that in light of the increasing demand for the Hall as a conference facility it would not be practicable to let the former library area to the Lorn Toy Library.

(Ref: Report dated 7th June 2006 by the Head of Facility Services, submitted)

(b) REPORT BY AREA ROADS & AMENITY SERVICES MANAGER IN REGARD TO PROPOSED FORTNIGHTLY DOMESTIC REFUSE COLLECTIONS, ALTERNATING WITH PAPER AND CARDBOARD RECYCLING FOR LISMORE

Members considered a report dated 4th April 2006 by the Director of Operational Services in regard to a proposed fortnightly refuse collection alternating with paper and cardboard recycling on Lismore on a trial basis.

Decision:

It was agreed:

(a) to approve a proposed trial on Lismore for a fortnightly general Page 39

refuse collection service uplift alternating with a paper and cardboard uplift. Each householder will be provided with a domestic wheeled bin, a blue paper and cardboard recycling wheeled bin, and a home composting bin; and

(b) that the Lismore civic amenity skip be removed and that, instead, quarterly bulky uplifts be provided free by the Council.

(Ref: Report dated 4th April 2006 by the Director of Operational Services, submitted)

Members considered, and noted, a report dated 30th May 2006 by the Area Roads and Amenity Services Manager in regard to proposals for utilising the Roads Revenue Budget for 2006/07, and agreed that a more detailed report be submitted to a future meeting.

(Ref: Report dated 30th May 2006 by the Area Roads and Amenity Services Manager, submitted)

7. PUBLIC QUESTION TIME

Mr A Proud Asked when the Dervaig (Isle of Mull) public Mull Community toiletswould be re-opened. Council The Area Roads and Amenity Services Manager advised that the toilets had been closed in accordance with the decision of the Area Committee on 8th February 2006. Consequently there is no proposal to re-open them.

The Committee resolved in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the public for the following items of business on the grounds that they were likely to involve the disclosure of exempt information as defined in Paragraphs 6, 9 and 13 of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

8. ACQUISITION / DISPOSAL / LEASING OF PROPERTY

(a) REPORT BY HEAD OF FACILITY SERVICES IN REGARD TO OBAN PROPERTY OPTIONS

Members considered a report dated 5th June 2006 by the Head of Facility Services in regard to the options development and appraisal process for Oban, which will be followed in accordance with the requirements of the Best Value Audit Action Plan.

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Decision:

Members agreed to:

(a) note the report; and

(b) express to the Head of Planning and Performance, Community Services their concern that a lease had been entered into with ACHA for accommodation within the Municipal Buildings without any consultation with the Area Committee, and that the sum obtained be ring-fenced for costs towards Kilbowie House.

(Ref: Report dated 5th June 2006 by the Head of Facility Services, submitted)

(b) REPORT BY DIRECTOR OF CORPORATE SERVICES IN REGARD TO FORMER PENNYGHAEL PRIMARY SCHOOL

Members considered, and approved, a report dated 25th May 2006 by the Senior Estates Surveyor in regard to the proposed sale of the former Pennyghael Primary School, Isle of Mull.

(Ref: Report dated 25th May 2006 by Director of Corporate Services, submitted)

Members considered a report dated 23rd May 2006 by the Director of Corporate Services in regard to offers received in respect of the recent marketing for sale of the former Kerrera Primary School, Isle of Kerrera.

Decision:

It was agreed (a) to instruct the Director of Corporate Services to offer the property to the Kerrera Residents Association at the value placed on the property and accompanying land by the District Valuer, as set out in the report; and (b) that after six months from the date of the offer if the Association have been unable to identify the necessary funding, the matter be resubmitted to the Area Committee for further consideration.

(Ref: Report dated 23rd May by the Director of Corporate Services, submitted)

(d) REPORT BY DIRECTOR OF CORPORATE SERVICES IN REGARD TO BRIDGE OF ORCHY SCHOOL

Members considered, and noted, a report dated 31st May 2006 by the Head of Legal and Protective Services in regard to proposals for settling outstanding issues to allow the disposal of the former Bridge of Orchy Primary School site, and that a report would be submitted to the next meeting. Page 41

(Ref: Report dated 31st May 2006 by the Head of Legal and Protective Services, submitted)

(e) REPORT BY DIRECTOR OF CORPORATE SERVICES IN REGARD TO DISPOSAL OF GROUND AT NORTH CONNEL

Members were advised that no response had been received from the potential developer, and it was agreed that this matter be continued to the next meeting.

(f) REPORT BY DIRECTOR OF CORPORATE SERVICES IN REGARD TO SALE OF GROUND AT HAZELDEAN, OBAN

Members considered, and noted, a report dated 31st May 2006 by the Head of Legal and Protective Services in regard to the proposed disposal of ground at Hazeldean, Oban, and that a further report be submitted to the next meeting.

(Ref: Report dated 31st May 2006 by the Head of Legal and Protective Services, submitted)

(g) REPORT BY HEAD OF LEGAL AND PROTECTIVE SERVICES IN REGARD TO FORMAL DEEDS AND DOCUMENTS EXECUTED BETWEEN 12TH APRIL 2006 AND 18TH MAY 2006

Members considered, and noted, a report dated 18th May 2006 by the Head of Legal and Protective Services in regard to formal deeds and documents executed between 12th April and 18th May 2006.

(Ref: Report dated 18th May 2006 by the Head of Legal and Protective Services, submitted)

9. OUTSTANDING SECTION 75 AGREEMENTS

(a) REPORT BY DIRECTOR OF DEVELOPMENT SERVICES IN REGARD TO OUTSTANDING SECTION 75 AGREEMENTS

Members considered a report dated 19th May 2006 by the Head of Planning in regard to the current status of applications which have been recommended for approval subject to the satisfactory conclusion of a Section 75 agreement.

Decision:

Members agreed to:

(a) note the report; and

(b) express their concern to the Head of Legal and Protective Services in regard to the length of time being taken to conclude Section 75 Agreements.

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(Ref: Report dated 19th May 2006 by the Head of Planning, submitted)

10. EADAR GLINN

(a) REPORT BY DIRECTOR OF COMMUNITY SERVICES IN REGARD TO EADER GLINN

Members considered, and noted, a report dated 9th May 2006 by the Director of Community Services in regard to Eadar Glinn.

(Ref: Report dated 9th May 2006 by the Director of Community Services, submitted)

Page 43 Agenda Item 4e

MINUTES of MEETING of MID ARGYLL KINTYRE & ISLAY AREA COMMITTEE held in the TOWN HALL, CAMPBELTOWN on WEDNESDAY, 7 JUNE 2006

Present: Councillor Alastair McKinlay (Chair)

Councillor Rory Colville Councillor Robin Currie Councillor Alison Hay Councillor Donald Kelly Councillor Donald MacMillan Councillor John McAlpine Councillor Bruce Robertson

Attending: Deirdre Forsyth, Area Corporate Services Manager Donnie McLeod, Roads and Amenity Services Manager Richard Kerr, Senior Development Control Officer Peter Bain, Development Control Officer Felicity Kelly, Community Learning and Regeneration Manager Mark Lines, Child Protection Coordinator Mark Lodge, Statutory Planning Officer Fergus Murray, Development Policy Manager Ann Muir, Team leader – Community Care Jenny Carlile, Conservation Design Officer Katie McKenzie, Area Committee Assistant

The Committee noted that Anne Paterson, Head Teacher of Inveraray Primary School has been named Head Teacher of the Year in the Scottish Education Awards 2006. Anne will now go on as a contender in the National Teacher Awards, to be presented at a ceremony in October.

Decision

It was agreed to send Anne Paterson a letter of congratulations and best wishes from the Area Committee.

1. APOLOGIES

There were no apologies for absence.

2. DECLARATIONS OF INTEREST

Councillor Colville declared a pecuniary interest in Item 15, Social Welfare Grants, Kintyre Senior Citizens, as a member of the Committee.

3. MINUTES OF MEETING OF 3 MAY 2006

The minutes of the meeting of 3 May 2006 were approved.

Arising therefrom it was noted that no response had been received from Scottish Water in regard to Defence Estates Machrihanish. It was agreed Scottish Water will be asked for an urgent response.

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Arising from item 5, it was noted that no report had been received from Education regarding addressing accommodating the rising numbers at Gigha Primary School. Community Services will be asked for a report for the next meeting.

4. MINUTES OF SITE INSPECTIONS OF 2 AND 11 MAY 2006

The minutes of the Site Inspections of 2 and 11 May 2006 were approved.

5. MINUTES OF THE KINTYRE INITIATIVE WORKING GROUP OF 24 APRIL 2006

The minutes of the Kintyre Initiative Working Group were noted.

6. PUBLIC QUESTION TIME

Councillor Kelly asked on behalf of a member of the public if the headstones at Kilkerran cemetery were going to be re-erected. It was agreed to request a report regarding this for the next Area Committee.

Councillor Kelly then raised the issue of the lack of cover for the ambulance service in Campbeltown, it was agreed the appropriate person would be contacted regarding this and invited to the next Business Day.

7. PLANNING APPLICATIONS

The Committee considered and dealt with the applications for planning permission as detailed below.

05/01469/DET Mrs B. Rait & Mr J. McEachern. Detailed. Development of 5 detached dwelling houses, installation of biodisc sewage treatment plant and access improvements. Land west of Achnacarnan, south of Tarbert.

Decision

That planning permission be granted as a ‘minor departure’ to adopted development plan policy, subject to the standard conditions and reasons and the conditions and reasons listed in the report by the Head of Planning dated 15 May 2006.

(Reference – Report by Head of Planning dated 15 May 2006, submitted).

06/00101/OUT Roland Worthington-Eyre. Outline. Site for Erection of dwellinghouse. Site No 2E, The Oa, Port Ellen, Isle of Islay.

Decision

That this application be continued to the next Area Committee meeting to allow the local Member, Planners and Local Plan Officers to look at the site and report back thereon.

(Reference – Report by Head of Planning dated 19 May 2006, submitted). Page 45

06/00210/OUT M & C Ralston. Outline. Site for the erection of dwellinghouse. Rhoin Farm, Campbeltown.

Decision

That planning permission be granted as a ‘minor departure’ to adopted development plan policy, subject to the standard conditions and reasons and the conditions and reasons set out in the report by the Head of Planning dated 19 May 2006.

(Reference – Report by Head of Planning dated 19 May 2006, submitted).

06/00368/DET Catherine King. Detailed. Installation of replacement windows. Bruichdhu, Main Street, Port Charlotte, Isle of Islay.

Decision

That planning permission be granted, subject to the standard conditions and reasons, as a minor departure to the provisions of the Development Plan.

(Reference – Report by Head of Planning dated 19 May 2006, submitted).

06/00369/LIB Catherine King. Detailed. Installation of replacement windows. Bruichdhu, Main Street, Port Charlotte, Isle of Islay.

Decision

That this application be referred to Historic Scotland with a recommendation that listed building consent be granted, subject to the standard conditions and reasons.

(Reference – Report by Head of Planning dated 19 May 2006, submitted).

06/00642/DET Dr. Hugh Willison. Detailed. Rehabilitation of ruined building to form a private bothy. Ruin of Glennan House, Ford.

Decision

That planning permission be granted subject to the standard time limit condition and reason and the conditions and reasons set out in the report by the Head of Planning dated 22 May 2006.

(Reference – Report by Head of Planning dated 22 May 2006, submitted).

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8. OUTSTANDING SECTION 75 AGREEMENTS - MID ARGYLL, KINTYRE AND ISLAY

The Committee considered a report which identified those planning applications where the issuing of a decision has been delayed pending the conclusion of a legal agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997.

Decision

The Committee agreed:

1. To continue the applications listed in the report pending the agreements being finalised. 2. To receive update reports on this periodically.

(Reference – Report by Head of Planning dated 15 May 2006, submitted).

9. DELEGATED DECISIONS

The Committee noted the decisions issued by the Director of Development Services dated 19 May 2006.

(Reference – Report by Development Services dated 19 May 2006, submitted).

10. A816 CARNASSERIE - PRELIMINARY STAGE COST ESTIMATE

The Committee considered a report which provided a breakdown of the cost of carrying out repairs to the A816 road at Carnasserie.

Decision

To recommend to the Strategic Policy Committee that consideration be given to the use of reserves to carry out this work as it is an emergency road repair, which if not carried out could require the road to be closed and the costs to escalate.

(Reference – Report by Head of Roads and Amenity Services, submitted).

11. NATIONAL TRANSPORT STRATEGY CONSULTATION

The Committee considered a report and were given the opportunity to comment on the Council’s draft responses to the questions posed in the National Transport Strategy consultation.

Decision

It was agreed to recommend to the Strategic Policy Committee that –

1. Question 4 should have the A83 added.

2. Question 5 should be underlined or stressed in some way due to the lack of public transport in this area, and the consequent importance of cars.

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3. Question 6 should contain an extract from the Agricultural Strategy about infrastructure.

4. In Question 34 the word ‘perception’ from the second line should be removed.

5. Question 41 should contain an explanation as to why the cost of vehicles and the availability of the various types of alternative fuels is problematic.

(Reference – Report by Head of Transportation and Infrastructure dated 23 May 2006, submitted).

12. CLOCK LODGE

A report explaining the outcome of the funding application for the Clock Lodge project and the process of creating an alternative development plan for the archives was considered.

Decision

To recommend to the Strategic Policy Committee:

1. That the Clock Lodge be declared surplus to the Council requirements and marketed for sale as soon as direct access from the A83 becomes available following the extension of the Lochgilphead 30 mph limit and the completion of the footpath to the new joint campus adjacent to the A83.

2. That the sum allocated to the Clock Lodge project within the Capital Programme for the provision of a local history and archive centre continue to be allocated to this purpose, thus enabling the current archive facility to be brought up to a standard acceptable to the Keeper of the Records of Scotland.

3. That any capital receipts from the sale of the property be allocated within the Capital Programme for the improvement of the standard of the archives.

(Reference: Report by Director of Corporate Services dated 12 May 2006, submitted)

13. DUNAVERTY VILLAGE HALL

The Committee considered a report which outlined the situation in regard to Dunaverty Village Hall which is currently progressing towards renovation. In view of the Council decision on 4 May 2006 that no further funding be awarded for village halls during the 2006/07 financial year unless it is funded by an area committee from its budget for leisure grants, in considering Dunaverty Hall the Area Committee should consider any funding from its budget for leisure grants as the only source of funding.

Page 48

Motion

The Area Committee requests the Council to suspend standing orders in order to agree the principle of awarding up to a maximum of £50,000 to Dunaverty Village Hall subject to Dunaverty Village Hall Committee obtaining any further necessary permissions, and their funding package being fully in place within a period of six months from the date of the Council Meeting. That it be funded from Reserves and that any free Revenue underspends in the revenue budgets within the Mid Argyll, Kintyre and Islay area for 2006/07 be directed to refund the relevant amount to the Reserves, and accordingly that a report be submitted to the Strategic Policy Committee in due course.

Moved by Councillor Kelly, seconded by Councillor McAlpine. Amendment

In light of the Council decision on 4 May 2006 (including that relating to Tarbert Village Hall) and the implications set out in this report the Area Committee should note that it will not be possible to support Dunaverty Hall during the current financial year in addition to Tarbert Village Hall, but the Area Committee recognises the merits of the Dunaverty Hall Committee’s project and urges the Council to restore this project as a priority and make provision in the revenue budget for 2007/2008. If Council’s agreement can be achieved, letters of comfort should be sent to dedicated funders and Council support given to the Dunaverty Committee to seek further funding outlets.

Moved by Councillor McKinlay, seconded by Councillor Findlay.

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

Motion Amendment No Vote

Councillor Kelly Councillor McKinlay Councillor McAlpine Councillor Findlay Councillor Currie Councillor Hay Councillor Robertson Councillor Colville Councillor MacMillan

Decision

The Motion received 4 votes and the Amendment received 5 votes and the Committee resolved accordingly.

(Reference – Report by Director of Corporate Services dated 30 May 2006, submitted).

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14. LONG AND WINDING WAY COMPANY LTD - APPOINTMENT OF COUNCILLOR TO THE BOARD

The Committee considered a report asking them to nominate a Member to join the Board of the Long and Winding Way Company Ltd, the company in charge of the Kintyre Way.

Decision

It was agreed that Councillor Colville would become a member of the board subject to him satisfying himself of the responsibilities and duties placed upon him as a Board member.

(Reference – Report by Area Corporate Services Manager dated 7 June 2006, submitted).

Prior to consideration of the following item Councillor Colville, having earlier declared an interest therein, left the meeting and took no part in the discussion thereof.

15. SOCIAL WELFARE GRANTS

The Committee considered the allocation of the Social Welfare Grants.

Decision

The Committee agreed the grants as follows, on the usual terms and conditions

ORGANISATION TOTAL TOTAL TOTAL GRANTED PROJECT REQUESTED COST 1 Argyll & Bute Carer’s £5,200 £1,700 £1,000 Network 2 KADAS £39,500 £4,500 £1,000

3 Kintyre Six Circle £7,000 £2,000 £1,000

4 Mid-Argyll Council £4,000 £2,000 £1,000 on Alcohol and Drugs 5 Springbank £8,000 £2,000 £1,000 Evangelical Furniture Recycling Project 6 Mid-Argyll Transport £8,217 £6,217 £1,200 Volunteers

7 Mid-Argyll Stroke £1,000 £400 £400 Club 8 Mid-Argyll Link Club £4,190 £3,690 £1,200 9 Mid-Argyll Friends £13,335 £3,250 £1,100 of Arms 10 Kintyre Senior £1,500 £1,000 £800 Citizens Committee

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11 Argyll Couple £4,312 £4,162 £1,000 Counselling

12 Islay and Jura £29,509 £1,753 £900 Community Enterprises 13 Homestart £74,337 £2,337 £1,000 14 SEN Parents £13,395 £5,927 £1,200 Support Group - Kintyre £216,695 £43,336 £13,800 TOTAL

(Reference – Report by Service Manager, Mid-Argyll, Kintyre & Islay, submitted).

16. EDUCATION AND LEISURE DEVELOPMENT GRANTS (REPORT TO FOLLOW)

The Committee considered the allocation of the Education and Leisure Development Grants.

Decision

The Committee agreed the grants as follows, on the usual terms and conditions

ORGANISATION TOTAL TOTAL TOTAL GRANTED PROJECT REQUESTED LEISURE EDUCATION COST Tarbert Junior 3050 100 550 Gaelic Choir Kintyre Music 6910 510 450 Club Mid Argyll Sailing 27000 3000 900 Club Tarbert Lochfyne 5500 2000 950 yacht Club (£2000 in kind) Mactaggart 7000 3500 900 Community Cybercafe The Dochas Fund 9000 6350 500 Kintyre Surf 1910 1110 550 School Islay and Jura 840 840 Transport Forum 3900 900

(Reference – Report by Director of Community Services date June 2006, tabled).

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17. CAMPBELTOWN CONSERVATION AREA REGENERATION SCHEME

Jenny Carlile gave an interesting presentation on the Campbeltown Conservation Area Regeneration Scheme. She advised the Committee that Argyll and Bute Council has been awarded £385,000 by Scottish Ministers through Historic Scotland from the Historic Environment Regeneration Fund. This grant award is for Campbeltown and is to be spent during the period 2006- 2011.

Decision

The Committee thanked Jenny for her presentation and agreed:

1. the grant offer be accepted; 2. the sum of £235,000 in the Capital Programme, within Development Services current budget, be allocated to the Campbeltown CARS and for environmental improvements in Campbeltown Town Centre; 3. a steering group be formed, comprising members, representatives local groups and officers, to develop and manage the project; 4. a part-time Project Officer be recruited.

(Reference – Report by Conservation Design Officer dated 11 May 2006, submitted).

18. ARGYLL AND BUTE LOCAL PLAN - REPORT ON PROPOSED AMENDMENTS TO THE FINALISED DRAFT

The Committee considered a report which identified the main general and localised issues that have arisen following the publication of the Finalised Draft Local Plan and proposes to place on public deposit proposed amendments to the Finalised Draft Local Plan in an effort to reduce the anticipated size and scale of a Public Local Inquiry (PLI) scheduled to commence in the first quarter of 2007.

Decision

The Committee agreed:

1. To approve the proposed amendments contained within Appendices A and B of the report to the Finalised Draft Local Plan and recommend to the Council that the Modified Finalised Draft Local Plan be placed on deposit for a six week period to allow further comments and objections to be raised against the proposed amendments.

2. To note the next key milestones in the production of the Argyll and Bute Local Plan.

(Reference – Report by Head of Planning dated 7 June 2006, submitted).

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This page is intentionally left blank Page 53 Agenda Item 4f

MINUTES of MEETING of HELENSBURGH & LOMOND AREA COMMITTEE held in the VICTORIA HALLS, SINCLAIR STREET, HELENSBURGH on TUESDAY, 4 JULY 2006

Present: Councillor Kinloch (Chair) Councillor Freeman Councillor Reay Councillor Kelly Councillor Stewart Councillor Morton Councillor Tacchi Councillor Mulvaney Councillor Thompson Councillor Petrie

Attending: Lynn Smillie, Area Corporate Services Manager Howard Young, Area Team Leader Development Control Alan Kerr, Area Roads and Amenity Services Manager Donald Brown, Area Property Officer Lorna Campbell, Area Community Regeneration Manager Gary Wilson, Building Standards Manager Kevin Williams, Development Projects Manager Hugh Blake, Estates Surveyor Tony Bartley, Building Standards Team Leader

Prior to commencement of Business the Chair apologised for the omission of the Area Committee advert in the Helensburgh Advertiser and explained how this occurred.

The Chair announced that the new Hermitage Academy had now come to a financial close and was happy to report that work would begin immediately.

1. APOLOGIES

Apologies for absence were intimated on behalf of Councillor Stewart and Councillor Thompson.

2. DECLARATIONS OF INTEREST

Councillor Mulvaney declared a non-pecuniary interest in Item 4(b) Planning Application – Buchanan Road, Helensburgh as he is a Member of the Dunbritton Housing Association Management Committee.

3. PREVIOUS MINUTES

(a) AREA COMMITTEE - 6 JUNE 2006

The Committee approved the Minutes of the meeting of 6 June 2006 as a correct record subject to the following:

Page 4 – Planning Application – Land between 9 and 37 Cumberland Avenue, Helensburgh – first line of amendment should read “Agree to continue consideration of the application.”

Page 10 – Urgent Motion – Agreed to delete paragraph iv of the agreed Motion. Page 54

It was noted that the Area Roads & Amenity Services Manager had not yet circulated the advisory information.

4. DEVELOPMENT SERVICES

(a) MONTHLY LIST OF DELEGATED DECISIONS BY THE HEAD OF DEVELOPMENT SERVICES

Monthly list of delegated decisions taken by the Director of Development Services with regard to planning applications and building warrants since the last Committee were submitted for information.

Decision

Noted the contents of the report.

Councillor Mulvaney left the meeting at this point.

(b) PLANNING APPLICATION - BUCHANAN ROAD, HELENSBURGH

05/01375/DET – Dunbritton Housing – Detailed Application – Erection of 30 housing units, formation of all weather pitch, installation of floodlighting, erection of community facility and erection of fencing – Buchanan Road, Helensburgh.

Decision

Approved the application subject to Conditions and Reasons as recommended by the Head of Planning and an additional Condition to be attached, limiting the hours of use of floodlights and hours of operation to be delegated to the Chair, Vice Chair and Local Member in line with current practice.

(Reference: Report by Head of Planning dated 23 June 2006)

Councillor Mulvaney returned to the meeting.

06/00917/DET – Norman and Lynn Harper – Detailed Application – Replacement roof finishes – 25 Queen Street, Helensburgh

Decision

i) Agreed to continue consideration of the application to allow the applicant to source and cost Rosemary tiles.

ii) Agreed that the applicant investigate whether the turret should also be clad in Rosemary tiles.

(Reference: Report by Head of Planning dated 27 June 2006) Page 55

(d) DEVELOPMENT CONTROL PERFORMANCE MONITORING - APRIL 2005 TO MARCH 2006

A report outlining Development Control Performance with respect to planning applications, reports progress on the Key Service Plan targets and the results of the exit questionnaires

Decision

i) Noted the contents of the report.

ii) Agreed to congratulate the Helensburgh and Lomond Area Development Control staff for achieving the best targets within the Argyll & Bute Council area.

(Reference: Report by Head of Planning dated 4 July 2006)

EXCLUSION OF PRESS AND PUBLIC - MINUTES

(e) PROPOSED TREE PRESERVATION ORDER - GARELOCHHEAD

A report seeking approval for a Tree Preservation Order to be imposed with immediate effect.

Decision

i) Agreed to continue consideration to allow Members to have a site familiarisation visit.

ii) Agreed that the Acting Agriculturist carry out a qualitative survey of trees on this site and submit a report to the September Area Committee for consideration.

(Reference: Report by Head of Development and Building Control dated 4 July 2006)

(f) REMOVAL OF TREE PRESERVATION ORDER - CARDROSS

A report seeking approval to remove a previous unconfirmed Provisional Tree Preservation Order.

Decision

Agreed to the removal of the Provisional Tree Preservation Order at the Cardross site.

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(Reference: Report by Head of Planning dated 19 June 2006)

(g) BUILDING STANDARDS PERFORMANCE MONITORING AND SERVICE PLAN PROGRESS 2005-2006

A report outlining Building Standards performance with respect to processing building warrant and completion certificate applications for the financial year 2005/06.

Decision

i) Noted the contents of the report.

ii) Agreed that historical information be included in future reports.

iii) Agreed to thank Building Standard staff for their work undertaken over the last year.

(Reference: Report by Head of Planning dated 19 June 2006)

(h) DUCHESS WOOD - EXTENSION OF MANAGEMENT AGREEMENT

A report seeking agreement for the extension of the current management agreement with Luss Estates for a further 6 years beyond its expiry in 2010 to allow a funding application to be made to Forestry Commission Scotland, which if approved would help secure the 10 year management plan drawn up by the Local Nature Reserve Management Committee.

Decision

i) Agreed to recommendations contained within the report.

ii) Agreed that this decision be reviewed following receipt of the decision of the Scottish Forestry Grant Scheme funding application.

iii) Agreed that the Director of Development Services seeks to consider in the 2007/8 Budget Cycle to secure revenue and capital for this project.

(Reference: Report by Senior Planning Development Officer dated 4 July 2006)

5. OPERATIONAL SERVICES

(a) LUSS CAR PARK - DUKE OF EDINBURGH'S AWARD - OUTDOOR CHALLANGE

A report outlining a request to waive car parking charges in Luss Car Park for participants and officials involved in the Duke of Edinburgh Awards 50th Anniversary Outdoor Challenge.

Decision Page 57

Agreed to waive car parking charges for vehicles of participants and officials using Luss Car Park on 14 October 2006.

(Reference: Report by Area Roads & Amenity Services Manager dated 4 July 2006)

(b) LANDSLIP A814 BETWEEN ARDMAY AND ARROCHAR

A report outlining the landslip problems which occurred between Arrochar and Ardmay on 14 January 2006.

Decision

i) Agreed that long term temporary traffic lights be installed at this location.

ii) Agreed that the Area Amenity & Roads Services Manager makes arrangements to tidy the sandbags at this location.

(Reference: Report by Area Roads & Amenity Services Manager dated 4 July 2006)

A report advising that Operational Services had been allocated £60,000 from the Regional Transport Authority and £40,000 from the Cycling, Walking and Safer Streets fund for transport infrastructure and pedestrian or cycling improvements in the Helensburgh and Lomond area. The report also put forward projects for approval for this funding.

Decision

i) Noted the amount of funding received.

ii) Agreed that the funding be used to provide the proposed projects as outlined within the report.

(Reference: Report by Area Roads & Amenity Services Manager dated 4 July 2006)

(d) PARTNERSHIP AGREEMENT TO DEVELOP BENDARROCH PLAY AREA

A report advising of the proposal to develop the present play area at Bendarroch Park in partnership with the Swing Park Sub-Group of Garelochhead and Portincaple Community Group and to approve the formal Memorandum of Understanding.

Decision

i) To approve the Memorandum of Understanding for the joint Page 58

funding and development of Bendarroch Play Area.

ii) To note that 5.2 of Financial Implications should read £16k Capital and not Revenue as intimated in the circulated report.

(Reference: Report by Director of Operational Services dated 23 June 2006)

(e) PARTNERSHIP AGREEMENT TO DEVELOP LUSS PLAY AREA

A report advising of the proposal to develop the present play area at Luss in partnership with Luss and Arden Youth Community Trust and to approve the formal Memorandum of Understanding.

Details

To approve the Memorandum of Understanding for the joint funding and development of Luss play area

(Reference: Report by Head of Operational Services dated 23 June 2006)

(f) PARTNERSHIP AGREEMENT TO DEVELOP ARROCHAR, TARBET AND SUCCOTH PLAY AREAS

A report advising of the proposal to develop the present play areas at Arrochar, Tarbet and Succoth in partnership with the Arrochar and Tarbet Development Trust and to approve the formal Memorandum of Understanding.

Decision

To approve the Memorandum of Understanding for the joint funding and development of Arrochar. Tarbet and Succoth play areas.

(Reference: Report by Director of Operational Services dated 23 June 2006)

(g) CHRISTMAS LIGHTS

A report outlining the options available for the installation of new festive lighting in the Helensburgh and Lomond area.

Decision

i) Noted the contents of the report.

ii) Agreed to proceed with Option 2 as outlined in the report and agreed to allocate £14,466 from the Area Committee Capital Receipt allocation.

(Reference: Report by Head of Roads & Amenity Services dated 4 July 2006)

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6. COMMUNITY SERVICES

(a) LEISURE DEVELOPMENT GRANTS

Three Leisure Development Grants were presented for consideration.

Decision

i) Noted the balance of £12,480 for financial year 2006/2007.

ii) Three Leisure Development Grants were determined as follows:

Applicant Narrative Project Grant Cost Awarded

Rosneath To promote the area of Rosneath £11,700 To underwrite Highland Rosneath through a Highland to £3,670 Gathering Games event

Craigendoran Community Safety Gala Day £2368.00 £1,048 Play Area

Helensburgh HAUC Training £ 780.00 £ 720 Tree Conservation Trust

(Reference: Report by Area Community Regeneration Manager dated 21 June 2006)

(b) SOCIAL WELFARE GRANTS

Eight Social Welfare Grants were presented for consideration.

Decision

iii) Noted the allocation of £13,800 for financial year 2006/2007.

iv) Eight Social Welfare Grants were determined as follows:

Applicant Narrative Project Grant Cost Awarded

Argyll Counselling Service re training £1329 £ 629 Couple for local volunteers Counselling

Arrochar & Summer outing for local older £ 880.00 £ 400 Tarbet Senior people Citizens Welfare Group Page 60

Cardross, Summer & Christmas outing £2837 £1200 Colgrain & for local older people Craigendoran Old People’s Welfare

Argyll & Bute Printing costs for Carers’ £5200 £1700 Carers’ Information booklet Network

Helensburgh Summer outing and Christmas £3005 £1100 Old People’s social for local older people Welfare Association

Helensburgh Refurbishment of kitchen £10490 £2000 United Reform Church

Rosneath & Summer outing and winter social £2100 £1000 Clynder Old bring local older people together People’s Welfare Association

Luss & Arden Summer outing for local older £ 987 £ 400 Senior people Citizens’ Association

(Reference: Report by Area Social Work Services Manager dated 13 June 2006)

7. CORPORATE SERVICES

(a) CHANGE OF FUTURE MEETING DATES FOR HELENSBURGH AND LOMOND AREA COMMITTEE 2006

A report outlining the Chair’s ruling to change the monthly meeting of the Helensburgh and Lomond Area Committee.

Decision

i) Noted the contents of the report.

ii) Noted the change to the meeting date of Helensburgh and Lomond Area Committee to the first Wednesday of every month commencing 2 August 2006 for the interim period of 4 months.

iii) Agreed that the Area Corporate Services Manager make suitable arrangements for the 2006 Helensburgh and Lomond Area Committee meetings. Page 61

iv) Agreed that the Area Corporate Services Manager report back to the November 2006 Area Committee on the implications of the change in date.

(Reference: Report by Area Corporate Services Manager dated 4 July 2006)

(b) HELENSBURGH AND LOMOND AREA CORPORATE PRIORITIES 2006 - 2008

A report outlining details of the Helensburgh and Lomond Area Corporate Priorities as part of the revised Argyll and Bute Corporate Plan 2006-2008.

Decision

i) Noted the contents of the report.

ii) Agreed to recommend to the Council the Helensburgh and Lomond Area Corporate Priorities as outlined in Appendix 1.

iii) Agreed to the addition of a fourth priority - “Improve Transportation and Infrastructure”.

iv) Agreed that the Area Corporate Services Manager finalise the Area Plan proforma for submission to the August Committee for consideration.

(Reference: Report by Area Corporate Services Manager dated

A report providing an update on the proposed works in relation to Victoria Halls.

Decision

Noted the contents of the report.

(Reference: Report by Area Property Officer dated 4 July 2006)

8. NOTICE OF MOTION

(a) PROPOSED BY COUNCILLOR MORTON - REPLACEMENT HERMITAGE ACADEMY PROJECT

Decision

In light of the Chairman’s announcement the Motion was withdrawn.

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This page is intentionally left blank Page 63 Agenda Item 4g

MINUTES of MEETING of BUTE AND COWAL AREA COMMITTEE held in the QUEEN'S HALL, DUNOON on TUESDAY, 4 JULY 2006

Present: Councillor B Chennell (Chair)

Councillor D Currie Councillor J McQueen Councillor B Marshall Councillor I Strong Councillor R Macintyre Councillor L Scoullar Councillor G McKinven Councillor J R Walsh

Attending: Shirley MacLeod, Area Corporate Services Manager Charles Reppke, Head of Democratic Services & Governance Eilidh Headrick, Area Committee Services/Information Officer John Duncan, Service Manager, Social Work Patricia McCrossan, Service Officer – Community Work Martin Turnbull, Area Community Education Learning & Regeneration Manager Alan Lothian, Area Roads & Amenity Services Manager David Eaglesham, Area Team Leader, Development Control Garry Wilson, Building Standards Manager Neil McKay, Planning Manager

1. APOLOGIES

None

Members agreed to take item 7(m) first on the agenda in order to allow Gary Wilson to leave to also visit the Helensburgh and Lomond Committee.

2. DECLARATIONS OF INTEREST

Councillor McKinven declared a non pecuniary interest in minute items 7 (f) and (g) by reason of previous business dealings which ceased some time ago.

3. MINUTES

(a) MINUTE OF AREA COMMITTEE OF 06 JUNE 2006

The Minute of the Area Committee meeting of 6 June 2006 was approved as a correct record subject to “informal site inspection” being changed to “Pan 41 Hearing” on point 6 (c)of the minutes.

(b) MINUTE OF TRAFFIC ORDER HEARING OF 20 JUNE 2006

The Minute of the Traffic Order Hearing of 20 June 2006 was approved as a correct record.

4. DEVELOPMENT SERVICES

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(a) ANNUAL REPORT ON BUILDING STANDARDS PERFORMANCE

This item was 7(m) on the agenda.

A report from the Building Control Manager detailing Building Control Performance Monitoring and Service Plan Progress for 2005/06 was submitted for the committee’s information

Decision

The Committee:-

i. Noted the contents of the report and the progress on service plan commitments and stakeholder consultations. ii. Congratulated Building Control Staff and asked that the Area Team Leader Building Control be invited to attend the August Area Committee meeting.

(Reference: Report by Building Control Manager dated 19.06.06 – submitted)

5. COMMUNITY SERVICES

(a) EDUCATION AND LEISURE DEVELOPMENT GRANTS

The Committee considered and determined Education and Leisure Development Grants as follows:-

Leisure Development Grants Project Costs Grant Awarded Bute Bowling Association £2,675 £800 Cowal Bowling Association £3,255 £1,000 Cairndow Arts Promotions £15,275 £500

(Reference: Report by the Director of Community Services dated July 2006 – submitted)

(b) SOCIAL WELFARE GRANTS

The Committee considered and determined Social Welfare Grants as follows:-

Social Welfare Grants Project Costs Grant Awarded Argyll Couple Counselling £1,329 £300 Achievement Bute £85,501 £763 Argyll & Bute Carers Network £5,200 £600 Bute Advice Centre £61,660 £4,870 Bute Women’s Group £1,200 £300 Cowal Community Care Forum £1,667 £500 Cowal Elderly Befriending Service £28,235.19 £500 Dunoon & Cowal Community £4,867 £2,404 Service Page 65

Dunoon & Cowal Elderly Forum £400 £200 Dunoon Link Club £4,320 £500 Kyles & District Elderly Forum £600 £300 Mathieson Community Centre £5,000 £1,000 People & Agencies of Cowal £3,048 £763 Community Together Rape Crisis £992 £300 Sandbank Senior Citizens Club £3,550 £500

(Reference: Report by the Director of Community Services dated 8th June 2006 – submitted)

6. OPERATIONAL SERVICES

(a) PROPOSED PARTNERSHIP AGREEMENT TO DEVELOP SANDBANK PLAY AREA

John Massey of Sandbank Community Development Trust gave a presentation on the proposals for the Sandbank Play Area and the Community Car Park. He went on to show Members the type of equipment the Trust are wanting to purchase and the benefits it will have for the community.

The Chairman thanked Mr Massey for his presentation.

The Area Roads & Amenity Services Manager spoke on the formal Memorandum of Understanding for the joint funding and development of Sandbank Play Area.

Decision

The Area Committee agreed the proposals set out in Appendix 1 of the report.

(Reference: Report by the Director of Operational Services – submitted)

7. CORPORATE SERVICES

(a) BUTE & COWAL AREA CORPORATE PRIORITIES 2006-2008

The Area Corporate Services Manager outlined a report on the Bute and Cowal Area Corporate Priorities as part of the revised Argyll and Bute Corporate Plan 2006-2008.

Decision

The Committee:-

i. Noted the contents of the report Page 66

ii. Agreed to the recommendation outlined in Appendix one with the inclusion of the Queen’s Hall, Dunoon at point 1 and the Pavilion, Rothesay at point 2. iii. Agreed to request the Area Corporate Services Manager to finalise the Area Plan proforma for submission to the August 2006 Area Committee for consideration.

(Reference: Report by the Area Corporate Services Manager – submitted)

8. DEVELOPMENT SERVICES

(a) PLANNING APPLICATION 06/00307/COU, MR B MCDONALD, COTTAGE 2, BALLOCHYLE, SANDBANK

Decision

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

(Reference: Report by Head of Planning Services dated 23rd June 2006)

(b) PLANNING APPLICATION 05/00865/DET, MR & MRS TRUE, BOATHOUSE AND SURROUNDING LAND, ASCOG

Decision

Refused in terms of the report by the Head of Planning.

(Reference: Report by the Head of Planning Services dated 26th June 2006 – submitted)

Decision

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

(Reference: Report by the Head of Planning Services dated 26th June 2006 – submitted)

(d) PLANNING APPLICATION 05/02439/DET, SCOTTISH WATER, BULLWOOD QUARRY, DUNOON

Decision

The Committee agreed that a PAN 41 Hearing with no recommendations, be held prior to the determination of this application. Before a date for this Hearing is set, the applicant Scottish Water be required by a direction under Article 13 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 to produce.

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A photomontage on a 3 dimensional basis showing the development within Bullwood Quarry with views being from the main road, from the sea and from the two adjoining properties, this also to illustrate the impact of the high chimney stack and also showing what the lighting of the development would look like in periods of darkness.

That also copies of the plans which are the subject of this application be available at the hearing, with copies made available for all Members to view well in advance of this Hearing

That the following papers be produced by Scottish Water as a pack for Members for consideration in advance of the hearing. That the contents of those papers recognise the requirements suggested as being conditions to be attached to the application if granted, namely:-

Report on investigation and assessment of any land contamination.

Report with details on any proposed remediation plan.

Production of an environmental action plan that will address issues of foul drainage, contamination and dust mitigation measures with details of monitoring methods.

Production of a dust management plan as per the conditions set down in the planning report.

Production of a noise management plan as per the conditions set down in the planning report.

Production of the proposed lighting scheme.

Production of details on all building and structure finishes including arrangements for covering all facilities to reduce smell and airborne bacteria.

Production of a plan with photo montage details and management plan on all boundary finishes as per conditions 15, 16, 17, 18, 19, 20 and 22 in the planning report.

Production of a geology report of the site together with detail of the methods proposed for excavation of rock and construction with proposed vibration controls including the means of monitoring and recording the effect of vibration on adjoining premises together with the position and type of monitoring equipment to be used. The geology report is also to assess the type of rock and whether this rock can be excavated without blasting with an assessment on the likely impact on adjoining properties of an alternative to blasting. See condition 28, 29 and 30 in the planning report.

The production of an odour management plan as set down in the planning report and as requested in writing by the Councils Environmental Health Officer and Public Protection Service.

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(e) PLANNING APPLICATION 06/00023/OUT, MR & MRS HOWAT, LAND TO EAST OF OAKBANK, STRACHUR

Decision

Approved subject to the conditions contained in the report by the Head of Planning

(Reference: Report by the Head of Planning Services dated 26th June 2006 – submitted)

(f) PLANNING APPLICATION 06/00486/COU, FYNELIFE LTD, BEDFORD HOUSE, ALEXANDRA PARADE, DUNOON

Councillor McKinven left the meeting while this item was being discussed.

Decision

Approved subject to the conditions contained in the report by the Head of Planning

(Reference: Report by the Head of Planning Services dated 26th June 2006 – submitted)

(g) PLANNING APPLICATION 06/00515/COU, FYNELIFE LTD, BEDFORD HOUSE, ALEXANDRA PARADE, DUNOON

Councillor McKinven left the meeting while this item was being discussed.

Motion

The application be refused as the proposed development is sited in an area typified by a range of mixed uses, but with residential property to the north immediately adjacent to the development site. Multiple occupancy of any resulting development is likely to give rise to anti-social behaviour, most particularly noise pollution, which would adversely affect properties immediately adjacent, and in the general locality.

On this basis it would have an adverse effect on the amenity of adjacent property and land, and would therefore be contrary to POL COM 5 of the Cowal Local Plan and Policy BAD 1: Bad Neighbour Development of the Argyll and Bute Finalised Draft Local Plan May 2005.

Proposed by Councillor McQueen, seconded by Councillor Walsh

Amendment

The application be granted.

Proposed by Councillor Chennell, seconded by Councillor Marshall

On the matter being put to a vote 6 voted for the motion and 2 for the Page 69

amendment.

Decision

The application be refused.

(Reference: Report by the Head of Planning Services dated 27th June 2006 – submitted)

(h) PLANNING APPLICATION 06/00736/COU, SCOTTISH WATER, LAND SOUTH WEST OF PUBLIC TOILETS, SHORE ROAD, INNELLAN

Motion

The application be refused as the site is designated as an Open Space Protection Area, where Policy LP REC2 imposes a presumption against development. The proposed development would adversely affect the amenity of neighbouring property and land by virtue of noise and disturbance; the proposed development would have adverse environmental impact in contravention of POL RUR 1 and by virtue of road safety issues due to the multiplicity of vehicle movements and uses at the development location. On this basis, the development would have an adverse effect on the amenity of adjacent property and land, and would therefore be contrary to POL COM5: Bad Neighbour Development of the Cowal Local Plan and Policy LP BAD 1: Bad Neighbour Development of the Argyll and Bute Finalised Draft Local Plan (May 2005)

Proposed by Councillor Walsh, seconded by Councillor McQueen

Amendment

A PAN 41 to be held prior to determination of this application.

Proposed by Councillor Currie, seconded by Councillor Marshall

On the matter being put to a vote 7 voted for the motion and 2 for the amendment

Decision

The application be refused.

(Reference: Report by the Head of Planning Services dated26th June 2006 – submitted)

(i) PLANNING APPLICATION 06/00749/DET, DRIMSYNIE CONSTRUCTION, PLOTS 7 - 11, THE MEADOWS, TOWARD

Decision

Approved in principal subject to the conditions contained in the report by the Head of Planning, with additional conditions and final determination to be delegated to the Head of Planning in consultation with the Chair, Vice Chair Page 70

and Local Member.

(Reference: Report by Head of Planning Services dated 26th June 2006 – submitted)

(j) DELEGATED DECISIONS

The Committee noted Delegated Development Control and Building Control Decisions made since the last meeting.

(k) APPEAL PROGRESS REPORT

Decision

The Area Committee noted the report on Appeal Progress.

(Reference: Report by the Head of Planning Services dated 19th June 2006 – submitted)

(l) ANNUAL REPORT ON DEVELOPMENT CONTROL PERFORMANCE

A report from the Head of Planning, detailing Development Control Performance Monitoring was submitted for the committee’s information

Decision

The Committee:- (i) Noted and endorsed the contents of the report, with particular regard to workload review, the introduction of the Uniform public access module and document management. (ii) Agreed a Council wide target of 69% for processing all applications for the period April 2006 to March 2007. (iii) Continued to adopt the Scottish Executive target of deciding 90% of householder applications over the same period. (iv) Agreed the decentralised targets specified. (v) Congratulated the Development Control staff as they have had a high number of large applications to process.

(Reference: Report by the Head of Planning Services – submitted)

9. EXEMPT ITEMS

(a) ARDENCRAIG GARDENS

The Committee heard from the Area Roads & Amenity Services Manager regarding the proposed funding sources to enable acceptance of contract to repair the greenhouses at Ardencraig nurseries.

Decision

The Committee:- Page 71

i. Noted the funding sources and approved the allocation of funds recently released by the Council. ii. Requested that the Area Corporate Services Manager write to the Director of Operational Services requesting that a protocol be put in place such that all the plants for use in the Cowal area in the future be supplied from Ardencraig Nurseries.

The Bute Members wished to record their appreciation to the Cowal Members for the allocation of the monies.

(Reference: Report by the Area Roads & Amenity Services Manager dated 29th June 2006 – submitted)

(b) ENFORCEMENT REPORT

Enforcement Report 04/00208/ENFOTH – no further action

(Reference: Report by the Head of Planning Services dated 12th June 2006 – submitted)

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This page is intentionally left blank Page 73 Agenda Item 4h

MINUTES of MEETING of MID ARGYLL KINTYRE & ISLAY AREA COMMITTEE held in the COUNCIL CHAMBERS, KILMORY, LOCHGILPHEAD on WEDNESDAY, 5 JULY 2006

Present: Councillor Alastair McKinlay (Chair)

Councillor Rory Colville Councillor Robin Currie Councillor Alison Hay Councillor Donald Kelly Councillor Donald MacMillan Councillor John McAlpine Councillor Bruce Robertson

Attending: Deirdre Forsyth, Area Corporate Services Manager Donnie McLeod, Roads and Amenity Services Manager Neil McKay, Planning Manager Kevin Williams, Development Projects Manager Gary Wilson, Building Standards Manager Peter Bain, Development Control Officer Roy Alexander, Estates Surveyor Gary Scott, General Manager, Islay and Jura Community Enterprise Diane Fuller, Convener, Islay and Jura Community Enterprise Katrina McLeod, Ardrishaig Primary School David Adams-McGilp, Dalriada Project

1. APOLOGIES

Apologies were received from Councillor John Findlay.

URGENT ITEM

The Chairman ruled, and the Committee agreed, in terms of Section 50B(4)(b) of the Local Government (Scotland) Act 1973 in terms of Standing Order 3.2.2, that item 16, which was not specified in the Agenda, should be considered as a matter of urgency due to the need to commence work during the summer months.

2. DECLARATIONS OF INTEREST

There were no declarations of interest.

3. MINUTES OF MEETING OF 7 JUNE 2006

The minutes of the meeting of 7 June 2006 were approved as a correct record.

Arising therefrom it was noted that Scottish Water would be invited to the next Area Committee as they were unable to attend today.

It was also noted that the Ambulance Service were unable to attend the last Business Day but would be invited to a future meeting.

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4. MINUTES OF THE MEETING OF MID ARGYLL PARTNERSHIP OF 23 MAY 2006

The Minutes of the Mid Argyll Partnership were noted.

Arising therefrom Councillor Hay reported that the Japanese Knotweed situation is getting worse and it was agreed to ask the Strategic Policy Committee to clarify the strategic position in regard to Japenese Knotweed. It was also noted that Councillor Hay will raise this issue with COSLA.

5. ISLAY AND JURA COMMUNITY ENTERPRISE PRESENTATION

Gary Scott, General Manager and Diane Fuller, Convener, both of Islay and Jura Community Enterprise gave an interesting presentation about the background of the Mactaggart Community Leisure Centre and outlined a proposal as detailed below to the Committee.

Proposal Single payment for year 2006-7 of £15,000 to cover non index linking of SLA revenue support payment (£8,381) and contribution towards increase in energy costs (£6,619) Permanent increase of £15,000 on existing SLA revenue payment resulting in annual subsidy of £67,632 Index linked in line with council owned & operated facilities.

They explained to the Committee the funding they have received from Argyll and Bute Council has not been index linked as was agreed in the Service Level Agreement reached with Argyll and Bute Council in 2001.

Decision

The Committee agreed –

1. To note the contents of the report, and, 2. To request a report from the Head of Community Regeneration regarding the Service Level Agreement to be submitted to the next Area Committee.

6. MALAWI PRSENTATION

Katrina McLeod, a senior teacher at Ardrishaig Primary School, gave an interesting and informative presentation to the Committee. She has recently returned from a trip to Malawi, which is one of the world’s poorest countries and is plagued by death and illnesses. The people are very welcoming and friendly and the countryside is beautiful.

Decision

The Committee thanked Katrina for her presentation and noted the contents.

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7. PUBLIC QUESTION TIME

11 written questions were received on the topic of Dunaverty Village hall and circulated to Members.

Decision

It was agreed that the Area Corporate Services Manager would respond to each letter and forward the appropriate ones to the Community Learning and Regeneration Manager for comment.

It was also noted that there had been no representatives from Strathclyde Police since May and it was agreed to ask if they could attend the next meeting.

8. PLANNING APPLICATIONS

06/00101/OUT Roland Worthington-Eyre. Outline. Site for Erection of dwellinghouse. Site No 2E, The Oa, Port Ellen, Isle of Islay.

Decision To continue consideration of this application to a site inspection on 19 July 2006.

(Reference – Report by Head of Planning dated 19 May 2006 and Supplementary Report by Head of Planning dated 20 June 2006, submitted).

06/01069OUT This application for planning permission has been withdrawn.

9. DELEGATED DECISIONS

The Committee noted the decisions issued by the Director of Development Services dated 15 June 2006.

(Reference: Report by Director of Development Services dated 15 June 2006, submitted).

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10. DALRIADA PROJECT PRESENTATION

David Adams-McGilp gave the Committee an interesting presentation on the work of the Dalriada Project. He identified and explained the 3 main programmes which are; 1. Landscape and Natural Heritage 2. Built and Cultural Heritage 3. Enjoying the Landscape.

He went on to explain some of the funding issues of the project, the Heritage Lottery Fund has ring-fenced £1.8million for it. The Council has invested £150,000 which has enabled the retention of 3 jobs, the creation of 2 jobs and local contract work worth £2million.

Decision

The Committee noted the content and thanked David for his informative presentation.

11. BUILDING STANDARDS PERFORMANCE MONITORING

The Committee considered a report outlining Building Standards performance with respect to processing building warrant and completion certificate applications for the financial year 2005/2006 in accordance with the performance indicators previously produced by Audit Scotland.

Decision

The Committee agreed -

1. To note the contents of the report, 2. To note progress on service plan commitments and stakeholder consultations, and, 3. To congratulate the team on their performance.

(Reference – Report by Head of Planning dated 19 June 2006, submitted).

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12. DEVELOPMENT CONTROL PERFORMANCE MONITORING

The Committee considered a report outlining Development Control performance with respect to planning applications and report progress on the key Service Plan targets and progress on the key Service Plan targets and provides the results on the exit questionnaires.

Decision

The Committee agreed –

1. To note and endorse the contents of the report, with particular regard to workload review, the introduction of the Uniform public access module and document management. 2. To a Council wide target of 69% for processing all applications for the period April 2006 to March 2007. 3. To continue to adopt the Scottish Executive target of deciding 90% of householder applications over the same period. 4. The decentralised target specified below:

• Mid Argyll, Kintyre and Islay 66% No change

(Reference – Report by Head of Planning dated 19 June 2006, submitted).

13. MID ARGYLL, KINTYRE AND ISLAY AREA CORPORATE PRIOITIES 2006 - 2008

The Committee considered a report outlining the details of the Mid Argyll, Kintyre and Islay Area Corporate Priorities as part of the revised Argyll and Bute Corporate Plan 2006 – 2008.

Decision

The Committee agreed –

1. To approve the Mid Argyll, Kintyre and Islay Area Corporate Priorities as • Campbeltown Regeneration • Jura Transport Initiatives • Carradale Harbour Improvements 2. To request the Area Corporate Services Manager to finalise the Area Plan pro forma for submission to the August 2006 Area Committee for consideration.

(Reference – Report by Area Corporate Services Manager dated July 2006, submitted).

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14. TARBERT ALL WEATHER PITCH

The Committee considered a report outlining the progress with the development of the Tarbert All Weather Playing Field project.

Decision

The Committee noted the current progress.

(Reference – Report by Head of Facility Services dated 21 June 2006, tabled).

15. RE-ERECTION OF HEADSTONES

The Committee considered a report outlining the policy of re-erecting fallen headstones within the Council’s cemeteries.

Decision

The Committee agreed the contents of the report.

(Reference – Report by Head of Roads and Amenity Services dated July 2006, submitted).

16. ADDITIONAL CAPITAL FUNDING

The Committee considered a report outlining proposals for the additional funding received.

Decision

1. The Committee that £10,000 of the £50,000 additional capital receipts be allocated to the re-erection of headstones in Kilkerran Cemetery. 2. To note that a further report on the allocation of the remainder of the capital receipts be submitted to the next meeting. 3. That the capital receipt of £170,190 be allocated as follows – • Mid Argyll - £56,730 for improvements to the A819 at the north end boundary with Lorn. • Kintyre - £56,730 for overlay on the A83 at Glenbarr, sections of the B842 north and south of Campbeltown and for resurfacing Campbeltown Streets • Islay - £56,730 for reshaping the carriageway at Burnside in Craighouse on Jura, reconstructing the footways in Bowmore and resurfacing the C14 road at Ardtalla.

(Reference – Report by Head of Roads and Amenity Services dated July 2006, tabled).

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17. CAMPBELTOWN CONSERVATION AREA REGENERATION SCHEME LAUNCH

The Committee considered a report which outlined the proposed structure for a capacity building event in Campbeltown The main purpose of the event is to promote the Campbeltown Conservation Area Regeneration Scheme and how this Scheme can help to progress implementation of the various action plans for the communities within Kintyre.

Decision

The Committee agreed the contents of the report.

(Reference – Report by Corporate Funding Officer dated 19 June 2006, submitted).

18. CAMPBELTOWN AND KINTYRE ACTION PLAN

The Committee considered the Campbeltown and Kintyre Action Plan which was created in line with the themes identified in the Yellow Book report.

Decision

1. The Committee agreed the contents of the Action Plan and to recommend it to th Strategic Policy Committee, and 2. The Committee agreed to recommend to the Campbeltown and Kintyre Action Plan Steering Group that the priority of investigating the feasibility of relocation of Gas Works at 2.2 be changed from Low to High.

(Reference - Campbeltown and Kintyre Action Plan, submitted).

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

19. ENFORCEMENT 06/00010/ENFOTH

06/00010/ENFOTH

Decision

The Committee agreed that enforcement action be taken as detailed in the report.

(Reference – Report by Head of Planning dated 19 April 2006, submitted).

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20. KINLOCH GREEN CHANGING ROOM - LEASE TO CAMPBELTOWN AMATEUR BOYS FOOTBALL CLUB

The Committee considered a report seeking their approval to lease the Kinloch Green Changing Rooms to the Campbeltown Boys Amateur Football Club for £1 per annum, if asked, for a period of five years.

Decision

The Committee agreed to instructs the Director of Corporate Services to conclude a lease of the Kinloch Green Changing Rooms to the Campbeltown Amateur Boys Football Club for a period of five years at the nominal rent of £1 per annum, if asked, subject to approval from the Scottish Executive and the Strategic Policy Committee.

(Reference – Report by Director of Corporate Services dated 16 June 2006, submitted).

21. PROPOSED SALE OF LAND - FERRY FARM, TAYINLOAN

The Committee considered a report advising them of a request from Mr Aitken, Ferry Farm, Tayinloan to acquire an areaof land owned by Argyll and Bute Council which is located adjacent to Ferry Farm, Tayinloan.

Decision

The Committee agreed to instruct the Director of Corporate Services to conclude a sale of the land owned by Argyll and Bute Council adjacent to Ferry Farm, Tayinloan on the terms and conditions contained in the report.

(Reference – Report by Director of Corporate Services dated 20 June 2006, submitted)

22. SALE OF PORTNAHAVEN PRIMARY SCHOOL

A report was considered which updated the Committee following the recent re- marketing campaign in respect of the former Portnahaven Primary School.

Decision

The Committee agreed –

To authorise the Head of Legal and Protective Services to accept the highest offer, as detailed in the report, with a view to concluding the sale of Portnahaven Primary School, Portnahven, Isle of Islay, and if unsuccessful to accept the next highest offer.

(Reference – Report by Director of Corporate Services dated July 2006, tabled).

Page 81

23. PROPOSED SALE OF PREMISES AT ARKLAND, INVERARAY

The Committee considered a report advising them of a request from Mr McLachlan asking that he be allowed to purchase the Council premises he currently leases from the Council at Arkland, Inveraray from where he operates a florists business.

Decision

The Committee agreed to the sale of the premises known as the Scotch Heather Shop, Arkland, Inveraray to Mr MacLachlan, subject to the Director of Corporate and Legal Services agreeing an acceptable sale price.

(Reference – Report by Director of Corporate Services dated 14 June 2006, submitted).

24. GROUND ADJACENT TO LOCHGILPHEAD CARAVAN PARK

The Committee considered a report explaining that the Council owns an area of land to the rear of Bank Park, Lochgilphead which is situated between Lochgilphead Caravan Park and Bowling Club. Mr Iain MacDonald, owner of the adjacent caravan park, has applied to the Council to purchase this area of ground.

Decision

The Committee agreed to the Director of Corporate Services entering in to negotiations with Mr Iain MacDonald for the sale of Council ground to the rear of High Bank Park, Lochgilphead, with the terms of any agreement to form the basis of a further report to committee.

(Reference – Report by Director of Corporate Services dated19 June 2006, submitted).

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MINUTES of MEETING of OBAN LORN & THE ISLES AREA COMMITTEE held in the COUNCIL CHAMBER, MUNICIPAL BUILDINGS, ALBANY STREET, OBAN on THURSDAY, 6 JULY 2006

Present: Councillor Alistair MacDougall (Chair)

Councillor Robin Banks Councillor Ian Gillies Councillor Duncan MacIntyre Councillor Sidney McDougall Councillor Elaine Robertson

Attending: George Harper, Director of Development Services Kenneth Macdonald, Area Corporate Services Manger Hugh Blake, Senior Estates Surveyor Iona McPhail, Area Housing Manager Tricia Slater, Community Learning & Regeneration Ian MacIntyre, Area Team Leader, Planning Services Gary Wilson, Building Control Manager Bill Weston, Assistant Area Roads and Amenity Services Manager 6 Members of the public

The Chairman ruled, and the Committee agreed in terms of Section 50B(4)(B) of the Local Government (Scotland) Act 1973, and in terms of Standing Order 3.2.2, that an additional application, on behalf of the Isle of Seil Community Hall Committee, for financial assistance from the Leisure Development Grants Scheme towards the cost of hiring PA equipment for the Isle of Seil Mini Music Festival, dealt with at item 4(a) of this minute, be taken as a matter of urgency due to the need for a decision to be take prior to the next ordinary meeting.

1. APOLOGIES FOR ABSENCE

Councillor Allan Macaskill Councillor Donald McIntosh

2. DECLARATIONS OF INTEREST

Councillor Elaine Robertson declared a non-pecuniary interest in planning applications ref. 06/00497/DET and 06/01091/OUT dealt with at items 5(e) and 5(h) of this minute respectively, because of her husband’s position with a firm of solicitors with an interest in these matters.

3. CORPORATE SERVICES

(a) MINUTES OF OBAN LORN & THE ISLES AREA COMMITTEE MEETING HELD ON 7TH JUNE 2006

The Minute of the meeting of the Oban Lorn and the Isles Area Committee held on 7th June 2006 was approved as a correct record.

Page 84

(b) OBAN, LORN & THE ISLES AREA CORPORATE PRIORITIES 2006- 2008

Members considered a report by the Area Corporate Services Manager in regard to the Oban, Lorn & the Isles Area Corporate Priorities 2006-2008.

Decision:

It was agreed that this matter be continued to a business meeting to be held on 17th July 2006.

(Ref: Report by the Area Corporate Services Manager, submitted)

4. COMMUNITY SERVICES

(a) APPLICATIONS FOR FINANCIAL ASSISTANCE UNDER THE LEISURE DEVELOPMENT GRANT SCHEME

Members dealt with applications for financial assistance under the Leisure Development Grants Scheme as follows:

Applicant Description Cost of Amount Decision Project Requested

Kilmore To provide and £1,750 £520 Guarantee Concerts promote two classical against loss music concerts in the of up to £320 Church using their new organ

An Tobar Financial assistance £147,730 £10,000 Grant of towards core running £2,500 costs

Dervaig To develop an external £77,237 £3,504 Grant of Village Hall sports and recreation £2,000 Management area Committee

Isle of Seil Hire of PA for Festival £400 £200 £200 Mini Music to be held on 23rd July Festival 2006

(Ref: Report by the Community Learning and Regeneration Officer, submitted)

5. DEVELOPMENT SERVICES

(a) LIST OF BUILDING STANDARDS DELEGATED DECISIONS ISSUED BY THE DIRECTOR OF DEVELOPMENT SERVICES SINCE THE LAST MEETING

Members considered and noted a list dated 15th June 2006 of Building Standards delegated decisions in respect of which approvals had been Page 85

issued since the last meeting.

(Ref: List of approvals dated 15th June 2006, submitted)

(b) LIST OF TOWN AND COUNTY PLANNING DELEGATED DECISIONS ISSUED BY THE DIRECTOR OF DEVELOPMENT SERVICES SINCE THE LAST MEETING

Members considered and noted a list dated 15th June 2006 of Town and Country Planning delegated decisions which had been issued since the last meeting.

(Ref: List of delegated decisions dated 15th June 2006 by the Head of Planning, submitted)

It was agreed that this matter be continued to a site meeting to be held on Friday 21st July 2006 to allow the Area Roads and Amenity Services Manager to carry out further traffic monitoring and further investigation of sight lines.

(Ref: Report by the Head of Planning dated 20th June 2006, submitted)

(d) 06/00373/OUT; JOHN S. MACPHAIL; OUTLINE APPLICATION - SITE FOR THE ERECTION OF DWELLINGHOUSE - LITTLE ERRAY, RAERIC ROAD, TOBERMORY.

It was agreed that this matter be continued to the next meeting to allow time for further consideration of the issues of road safety and the settlement pattern.

(Ref: Report by the Head of Planning dated 15th June 2006, submitted)

(e) 06/00497/DET; MR AND MRS P. BEATTIE; DETAILED APPLICATION - ERECTION OF A DWELLING - WEST OF INSHAIG PARK HOUSE, ELLENABEICH

Approved as a minor departure from the approved Development Plan subject to the conditions set out in the report by the Head of Planning dated 12th June 2006.

(Ref: Report by the Head of Planning dated 12th June 2006, submitted)

(f) 06/00630/OUT; MR & MRS A. COLTHART; OUTLINE APPLICATION - ERECTION OF A DWELLINGHOUSE - VACANT PLOT, TYNRIBBIE, APPIN

Approved as a minor departure from the Local Plan, subject to the conditions set out in report by the Head of Planning dated 13th June 2006.

(Ref: Report by the Head of Planning dated 13th June 2006, submitted) Page 86

(g) 06/00746/OUT; COLIN D. CAMPBELL; OUTLINE APPLICATION - ERECTION OF A DWELLINGHOUSE - TIGHGRIANACH, NORTH CONNEL

Approved as a minor departure from the Local Plan, subject to:

(a) The conditions and reasons set out in the report by the Head of Planning dated 21st June 2006; and (b) the successful conclusion of a Section 75 Agreement to protect the land required for visibility splays to the south.

(Ref: Report by the Head of Planning dated 21st June 2006, submitted)

(h) 06/01091/OUT; PAUL GALLAGHER; OUTLINE APPLICATION - SITE FOR THE ERECTION OF ONE DWELLINGHOUSE - RAERIC HOUSE, RAERIC ROAD, TOBERMORY.

It was agreed that this matter be continued to the next meeting to allow the Members an opportunity for a site familiarisation visit.

(Ref: Report by the Head of Planning dated 20th June 2006, submitted)

(i) REPORTER'S DECISION IN REGARD TO PLANNING APPLICATION REF. 05/00093/ENFOTH

Members noted the terms of a letter dated 31st May 2006 from the Scottish Executive Inquiry Reporters Unit advising that the appeal against the enforcement notice ref.05/00093/ENFOTH served by the Council relating to the alleged unauthorised siting of 2 residential caravans had been dismissed.

(Ref: Letter dated 31st May 2006 from the Scottish Executive Inquiry Reporters Unit, submitted)

(j) REPORTER'S DECISION IN REGARD TO PLANNING APPLICATION REF. 05/00450/OUT

Members noted the terms of a letter dated 6th June 2006 from the Scottish Executive Inquiry Reporters Unit advising that the appeal against the Council’s refusal of outline planning permission for the erection of two dwellinghouses on land at Baliscate, Tobermory (ref.05/00450/OUT) had been upheld, subject to the conditions set out in the aforesaid letter.

(Ref: Letter dated 6th June 2006 from the Scottish Executive Inquiry Reporters Unit, submitted)

(k) REPORT ON ANNUAL DEVELOPMENT CONTROL PERFORMANCE COUNCIL WIDE AND DECENTRALISED AREA TEAM PERFORMANCE TO JUNE 2006

Members considered a report by the Head of Planning in regard to Page 87

Development Control performance monitoring Council Wide, and decentralised area team performance.

Decision:

It was agreed to:

(a) note and endorse the report, with particular regard to workload review, the introduction of the Uniform public access module and document management; (b) agree a Council wide target of 69% for processing all applications for the period from April 2006 to March 2007; (c) continue to adopt the Scottish Executive target of deciding 90% of householder applications over the same period; and (d) agree the decentralised target of 66% for the Oban, Lorn & the Isles area.

(Ref: Report by the Head of Planning, submitted)

(l) REPORT ON BUILDING STANDARDS PERFORMANCE MONITORING AND SERVICE PLAN PROGRESS COUNCIL WIDE AND DECENTRALISED AREA TEMS FOR 2005/2006

Members considered, and noted, a report dated 19th June 2006 by the Head of Planning in regard to building standards performance monitoring and service plan progress council wide, and decentralised area teams for 2005/06.

(Ref: Report dated 19th June 2006 by the Head of Planning, submitted)

6. PUBLIC QUESTION TIME

Mr S Leddy, Asked for clarification of the position in regard to the Connel ownership of Ganavan, in light of the report in the Oban Times dated 15th June which referred to Mr MacGregor, MacGregor Hotels as the owner of Ganavan. He also The Area Corporate Services Manager confirmed that the Council has not disposed of any further ground at Ganavan, and that the only ground in Mr MacGregors ownership is the area previously owned by Ganavan Mr N.Mackay, Asked for clarification of the terms of the letter issued to Oban Community parents by the Head of Planning and Performance, Council Community Services, following the meeting of the Council on 28th June 2006 in regard to school transport. Councillor Gillies advised that further information had been sought in regard to this matter, but that the officer concerned is currently on annual leave. The matter will be taken up with the Director of Community Services. Page 88

been sought in regard to this matter, but that the officer concerned is currently on annual leave. The matter will be taken up with the Director of Community Services.

Mr N.Mackay, Asked what proportion of the sum charged by the Oban Community Council for hire of the marquee at the Corran Halls is Council passed to the Oban Common Good Fund, from which the purchase cost had been met. The Area Corporate Services Manager advised that as the marquee had been gifted to the Council, the Common Good Fund had not been required to meet the VAT element of the purchase price. Had any financial conditions been applied, this might have jeopardised the position.

The Committee resolved in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the public for the following items of business on the grounds that they were likely to involve the disclosure of exempt information as defined in Paragraphs 6, 8, 9 and 13 of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

7. LIFT AT MACDOUGALL PLACE, BUNESSAN, ISLE OF MULL

(a) REPORT BY THE DIRECTOR OF COMMUNITY SERVICES IN REGARD TO LIFT ACCESS TO MACDOUGALL PLACE, BUNESSAN, ISLE OF MULL

Members considered a report dated 16th June 2006 by the Director of Community Services in regard to the provision of a lift access to the sheltered housing properties at MacDougall Place, Bunessan, Isle of Mull.

Decision:

It was agreed to continue consideration of this matter to the next meeting to allow time to investigate the possibility of the project being undertaken on a design and build basis.

(Ref: Report by the Director of Community Services dated 16th June 2006, submitted)

8. ACQUISITION / DISPOSAL / LEASING OF PROPERTY

(a) REPORT BY HEAD OF LEGAL AND PROTECTIVE SERVICES IN REGARD TO SALE OF GROUND AT HAZELDEAN, OBAN

Members considered, and noted a report dated 6th July 2006 by the Head of Legal and Protective Services in regard to the proposed disposal of ground at Hazeldean. Oban, and requested that a further report be submitted to the next meeting

Page 89

(Ref: Report dated 6th July 2006 by the Head of Legal and Protective Services, submitted)

(b) REPORT BY HEAD OF LEGAL AND PROTECTIVE SERVICES IN REGARD TO BRIDGE OF ORCHY SCHOOL

Members considered, and noted a report dated 6th July 2006 by the Head of Legal and Protective Services in regard to the proposed disposal of the former Bridge of Orchy Primary School site, and requested that a further report be submitted to the next meeting

(Ref: Report dated 6th July 2006 by the Head of Legal and Protective Services, submitted)

The Senior Estates Surveyor advised Members of the current position in regard to the proposed disposal of this site.

Decision:

Members noted the position and requested that a written report be presented to the next meeting.

(d) REPORT BY DIRECTOR OF CORPORATE SERVICES IN REGARD TO CORRAN HALLS - FORMER PUBLIC CONVENIENCES

Members considered a report by the Director of Corporate Services dated 23rd June 2006 in regard to the former public conveniences at Corran Halls

Decision:

It was agreed that no action be taken at present due to the potential for future use of the property as storage or decant accommodation.

(Ref: Report by Director of Corporate Services dated 23rd June 2006, submitted)

(e) REPORT BY HEAD OF LEGAL AND PROTECTIVE SERVICES IN REGARD TO FORMAL DEEDS AND DOCUMENTS EXECUTED BETWEEN 19TH MAY 2006 AND 13TH JUNE 2006

Members considered and noted a report dated 13th June 2006 by the Head of Legal and Protective Services in regard to formal deeds and documents executed between 19th May and 13th June 2006

(Ref: Report by the Head of Legal and Protective Services dated 13th June 2006, submitted)

Page 90

9. UPDATE ON SECTION 75 AGREEMENTS

(a) REPORT BY HEAD OF PLANNING IN REGARD TO SECTION 75 AGREEMENTS

Members considered, and noted, a report by the Head of Planning dated 26th June 2006 in regard to the current status of planning applications requiring the conclusion of a Section 75 Agreement.

(Ref: Report by the Head of Planning dated 26th June 2006, submitted)

Page 91 Agenda Item 4j

MINUTES of MEETING of STANDARDS COMMITTEE held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on THURSDAY, 13 JULY 2006

Present: Mr Stuart MacDonald (Chair)

Councillor Donald MacMillan Councillor Bruce Robertson Councillor Elaine Robertson

Attending: Nigel Stewart, Director of Corporate Services

Apologies: Mr Alan Campion Councillor Moyra Stewart

1. MINUTES

The Minutes of the Standards Committee of 10 November 2005 were approved as a correct record.

2. STANDARDS COMMISSION FOR SCOTLAND

The Standards Commission’s Guidance on Conduct in Chamber was before the Committee for consideration.

Decision

To note the contents of the report.

(Reference: Standards Commission’s Guidance on Conduct in Chamber, submitted)

3. OMBUDSMAN'S COMMENTARY

(a) MAY 2006 REPORTS

The Committee considered the Scottish Public Services Ombudsman’s commentary on 24 reports that had been laid before the Scottish Parliament on 30 May 2006, 8 of which related to local government.

Decision

To note the contents of the report and the detail of the one report regarding Argyll and Bute Council which was not upheld.

(Reference: Ombudsman’s Commentary dated 30 May 2006, submitted)

Page 92

(b) JUNE 2006 REPORTS

The Committee considered the Scottish Public Services Ombudsman’s commentary on 39 reports that had been laid before the Scottish Parliament 27 June 2006, 24 of which related to local government.

Decision

To noted the contents of the report and the detail of the one report regarding Argyll and Bute Council which was not upheld.

(Reference: Ombudsman’s Commentary dated 27 June 2006, submitted)

4. REVIEW OF SCRUTINY OF PUBLIC SERVICES

The Committee considered a news release announcing that an independent review, chaired by Professor Lorne Crerar, will look at how improvements could be made in inspection, regulation, audit and complaints handling for public services in Scotland.

Decision

To note the contents of the news release.

(Reference: News Release dated 7 June 2006, submitted)

5. 2007 AND GOVERNANCE

The Director of Corporate Services updated the Committee on work being undertaken by the Policy Development Group on Local Governance (Scotland) Act 2004 in respect of electoral reform, Councillor remuneration and, in particular, looking at the political management arrangements for the new Council after the May 2007 elections. He advised that coming out of this process there was the potential for the present political management arrangements to change after May 2007 with a consequent possible impact on the future of the Standards Committee.

Decision

To note the Director of Corporate Services’ comments.

(Reference: Oral Report by Director of Corporate Services)

Page 93

6. APPOINTMENT OF NEW GOVERNANCE AND RISK MANAGER

The Director of Corporate Services advised the Committee that following the departure of David Logan from the post of Governance and Risk Manager, Iain Jackson, currently a solicitor within Legal and Protective Services, would shortly be taking up the post vacated by David.

Decision

To request that the Director of Corporate Services pass on to David Logan the Standards Committee’s thanks and appreciation for all his work and input to the Committee and also to advise Iain Jackson that the Committee looked forward to welcoming him on board.

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MINUTES of MEETING of POLICY DEVELOPMENT GROUP ON THE LOCAL GOVERNANCE (SCOTLAND) ACT 2004 held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on THURSDAY, 13 JULY 2006

Present: Councillor Dick Walsh (Chair)

Councillor Robin Currie Councillor Gary Mulvaney Councillor George Freeman Councillor Len Scoullar Councillor Ronald Kinloch Councillor Isobel Strong Councillor John McAlpine

Also Present: Councillor Alison Hay Councillor Elaine Robertson Councillor Donald MacMillan

Attending: James McLellan, Chief Executive Nigel Stewart, Director of Corporate Services Charles Reppke, Head of Democratic Services Governance Lynn Smillie, Area Corporate Services Manager Ken Macdonald, Area Corporate Services Manager Deirdre Forsyth, Area Corporate Services Manager Shirley MacLeod, Area Corporate Services Manager Chris Carr, Policy and Strategy Officer Andy O’Neill, Electoral Commission Sarah Mackie, Electoral Commission Malcolm Burr, Chief Executive, Western Isles Council Alistair Buchan, Chief Executive, Orkney Islands Council

The Chairman welcomed everyone to the meeting and introduced Malcolm Burr, Chief Executive of Western Isles Council, Alistair Buchan, Chief Executive of Orkney Islands Council, Andy O’Neill and Sarah Mackie of the Electoral Commission.

1. APOLOGIES FOR ABSENCE

An apology for absence was intimated by Councillor Duncan MacIntyre.

2. DECLARATIONS OF INTEREST

There were no declarations of interest.

3. MINUTES

The Minutes of the meeting of the Policy Development Group on the Local Governance (Scotland) Act 2004 of 16 May 2006 were approved as a correct record subject to the inclusion of Councillor Ronald Kinloch in the list of Attendees.

Arising under item 6 (Councillor Remuneration) Councillor R Currie asked if the subsistence levels had been set in light of the implications for Councillors of large multi member wards. The Director of Corporate Services advised that the remuneration regulations had not been made yet but he had written to the Scottish Executive regarding the need for the regulations to take account of the point, which the Leader had also raised with COSLA. Page 96

Arising under item 4 (Elections 2007 – Legislative Aspect) the Director of Corporate Services tabled a Summary Fact Sheet on the Electoral Administration Act 2006 which received Royal Assent recently. The Electoral Administration Act aims to tackle four key areas at the core of a healthy democracy. The Local Electoral Administration and Registration Services (Scotland) Bill had completed its passage through the Scottish Parliament and was just awaiting Royal Assent.

4. ELECTIONS

(a) PRESENTATION BY ANDY O'NEILL, ELECTORAL COMMISSION

The Policy Development Group heard a presentation by Andy O’Neill of the Electoral Commission on Public Awareness and the 2007 Scottish Elections. Andy advised that he was talking to all Councils to raise awareness of what the Electoral Commission were planning to do for public information activity in connection with the 2007 Scottish Elections.

There was a question and answer session and the Chairman thanked Andy and his colleague for the presentation. It was agreed the Director of Corporate Services would continue to work with the Electoral Commission on developing information for electors locally and for those who might be interested in standing for election.

(b) BALLOT PAPER DESIGN

The Director of Corporate Services advised that the Scotland Office had issued a consultation paper on possible changes to the design of the ballot paper to be used at Scottish Parliament elections. Although no formal consultation was taking place on the ballot paper for local government, the PDG considered whether it wished to provide comments to the Scottish Executive on its design, it being understood that Scottish Ministers were giving consideration to possible changes.

The Policy Development Group considered a report by the Director of Corporate Services that included a briefing paper by Fairshare.

Decision

The PDG agreed to make comments to the Scottish Executive on the design of the local government ballot paper on the basis that it agreed with the conclusion in the Fairshare paper that the advantages of grouping candidate by party were outweighed by the disadvantages and accordingly that the names of candidates on the ballot paper should remain in alphabetical order.

(Ref: Report by Director of Corporate Services dated 4 July 2006, submitted)

The Director of Corporate Services provided updates to the PDG on two issues, firstly, the Scottish Executive had agreed to use e-counting for the combined elections in May 2007. He advised that he would be attending a meeting of Returning Officers in Edinburgh on 25 July 2006 where they would be discussing the next stage for procuring the e-counting system for the next elections. Page 97

Secondly, Scottish Ministers had taken the decision to retain the tradition of overnight counting for the Scottish Parliament elections. Discussions on the local government count would also take place at the meeting on 25 July.

5. POLITICAL MANAGEMENT ARRANGEMENTS

The Chairman introduced the discussion on political management arrangements in the context of the challenges for the Council. Today’s meeting would begin discussions on those challenges highlighting issues to be considered. The intention was that possible emerging options would be brought back to the next meeting of the PDG for discussion prior to the seminars with Councillors in August.

The PDG discussed various issues surrounding political management arrangements including the analysis of the questionnaire together with the 3 Best Value Development Plan Actions, all of which would be further considered at the PDG on 31 July and at the Members Seminars.

Decision

Agreed to continue consideration accordingly to the PDG on 31 July 2006.

The PDG adjourned at 1.00pm and reconvened at 1.30pm.

(Ref: Questionnaire Analysis, Previous Discussion Paper, Councillor Hay Paper, Remit of West Lothian Council Performance Committee, Progress Reports on related Action Plan items, submitted)

6. PROGRAMME FOR AUGUST SEMINARS

The Director of Corporate Services tabled a draft Programme for the Members Seminars scheduled for August on the 2007 preparations.

Decision

Noted the draft Programme and agreed that a finalised version would be circulated prior to the Seminars taking place.

(Ref: Draft Programme for 2007 Preparations Seminars, tabled)

7. DRAFT LOCAL GOVERNANCE (SCOTLAND) 2004 (SEVERANCE PAYMENTS) REGULATIONS 2006

The Director of Corporate Services submitted a note which provided some commentary on the draft Local Government (Scotland) 2004 (Severance Payments) Regulations 2006 which he had submitted informally to the Scottish Executive.

Decision

Agreed that the Director of Corporate Services submit the note to the Scottish Executive on behalf of the Council.

(Ref: Report by Director of Corporate Services dated 2 July 2006, submitted) Page 98

8. MAKING COALITIONS WORK CONFERENCE

The PDG considered nominating Councillors and Officers to attend the Seminar on Making Coalitions Work which was taking place in Edinburgh on 8 September 2006.

Decision

Agreed that Councillors Hay and Scoullar attend with the Director of Corporate Services or his nominee.

(Ref: Leaflet on Seminar, submitted)

9. CHANGE OF MEETING DATE

It was agreed that the Meeting of the PDG scheduled for Thursday 14 September 2006 be changed to Thursday 28 September 2006.

Page 99 Agenda Item 4l

MINUTES of MEETING of AUDIT COMMITTEE held in the COUNCIL CHAMBERS, KILMORY on THURSDAY, 13 JULY 2006

Present: Councillor Gary Mulvaney (Chair)

Councillor Donald MacMillan Councillor John McAlpine Councillor Elaine Robertson Ian Ross Christopher Valentine

Attending: Charles Reppke, Head of Democratic Services and Governance Douglas Hendry, Director of Community Services Jim Robb, Head of Integrated Care Bruce West, Head of Strategic Finance Ian Nisbet, Internal Audit Manager Steve Keightly, KPMG

1. APOLOGIES

Apologies for absence were received from Councillor John Tacchi.

2. DECLARATIONS OF INTEREST

There were no declarations of interest.

3. SOCIAL WORK AND FREE PERSONAL CARE EXPENDITURE AND GAE

The Committee considered a report by the Head of Strategic Finance which identified details of Social Work GAE and expenditure amounts for 2004/05, 2005/06 and 2006/07. It was considered at the Council meeting on 28 June 2006 and referred to the Audit Committee to consider and report to the Strategic Policy Committee.

The Committee also considered a report by the Director of Community Services which provided information in regard to aspects of the report on Social Work expenditure/GAE submitted by the Head of Strategic Finance to the Council on 28 June 2006.

Decision

The Committee agreed - 1. to adjourn to a future date to allow the following information to be circulated to the Committee - a) Circular 18 2003, b) How many outstanding assessments there are, the cost of theses outstanding assessments and the effect it is likely to have on the budget this year.

2. To have any questions or queries regarding the report by the Director of Community Services submitted to the Head of Democratic Services and Page 100

Governance no later than Friday 21 July 2006.

(Reference: Extract from minutes of Council meeting of 28 June 2006 and Report by Head of Strategic dated 26 June 2006, submitted. Report by Director of Community Services dated July 2006, tabled).

Page 101 Agenda Item 4m

MINUTES of MEETING of STRATEGIC POLICY COMMITTEE (EDUCATION) held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on THURSDAY, 20 JULY 2006

Present: Councillor Allan Macaskill (Chair)

Councillor Robin Banks Councillor James McQueen Councillor George Freeman Councillor Bruce Marshall Councillor Alison Hay Councillor Dick Walsh Councillor Daniel Kelly Maureen Arthur Councillor Duncan MacIntyre Fiona Fisher Councillor Robert Macintyre

Also Present: Councillor Rory Colville Councillor Gordon McKinven Councillor Robin Currie Councillor Bruce Robertson Councillor John Findlay Councillor Elaine Robertson Councillor John McAlpine Councillor Len Scoullar Councillor Alisdair MacDougall Councillor Isobel Srong

Attending: James McLellan, Chief Executive Douglas Hendry, Director of Community Services Charles Reppke, Head of Democratic Services and Governance Bruce West, Head of Strategic Finance Dave Duthie, Head of Transportation and Infrastructure

Apologies: Councillor Alistair McKinlay Charlotte Hanbury Councillor Ian Gillies Margaret Anderson Jane Brown

1. MINUTES

The minutes of the Strategic Policy Committee (Education) of 18 May 2006 were approved as a correct record.

2. SCOTTISH HEAD TEACHER AWARDS

The Scottish Education Awards 2006 were held on Friday 2 June 2006 in Glasgow where Anne Paterson, Head Teacher of Inveraray Primary School won the Gold Award for Head Teacher of the Year. As the winner, Anne would now go forward as a finalist in the National Teaching Awards, taking place in London in October.

Decision

The Committee, on behalf of the Council, congratulated Anne Paterson on this exceptional achievement.

(Reference: Report by Director of Community Services dated 20 July 2006, submitted)

3. CONSULTATION ON THE SCHOOLS (NUTRITION AND HEALTH PROMOTION) (SCOTLAND) BILL

The Committee were advised that Scottish Ministers were currently consulting with interested parties on the Schools (Nutrition and Health Promotion) (Scotland) Bill which places importance on the role of schools in providing a health promoting environment for pupils and staff and encouraging the benefits of healthy eating to pupils. The Committee considered the draft response to be submitted to the Scottish Executive by the deadline of 31 July 2006.

Page 102

Decision

1. To approve the consultation response as outlined in the Appendix to the report for submission to the Scottish Executive with the addition of the wording “if such a duty is placed on the Council it must be properly financed by the Scottish Executive“ at the end of the answer to question 6.

2. To note the implications of this consultation document outlined in Section 3.4 of the report which will require further consideration for future implementation.

(Reference: Report by Director of Community Services dated June 2006, submitted)

4. SCHOOL AND PUBLIC TRANSPORT * In 2005 an Internal Audit Review of Community Services transport was carried out and arising from that a short life working group was established under the leadership of the Depute Leader. An action plan was agreed to address the various issues contained in the Internal Audit Report.

The costing exercise had been completed and it had become clear that any savings arising from a change in provision which benefited Community Services would have a detrimental effect on the public transport services. In order to address that issue a corporate approach to the management of school and public transport was required. A report outlining one way in which a corporate approach to managing the school and public transport budget on a combined basis might be taken forward, was considered.

Decision

To approve the approach as outlined in the Appendix attached to the report regarding the joint management of the transport budget for school and public transport.

(Reference: Report by Chief Executive dated 5 July 2006, submitted)

Page 103 Agenda Item 4n

MINUTES of MEETING of STRATEGIC POLICY COMMITTEE held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on THURSDAY, 20 JULY 2006

Present: Councillor Allan Macaskill (Chair)

Councillor Robin Banks Councillor Robert Macintyre Councillor George Freeman Councillor James McQueen Councillor Alison Hay Councillor Bruce Marshall Councillor Daniel Kelly Councillor Dick Walsh Councillor Duncan Macintyre

Attending: James McLellan, Chief Executive Douglas Hendry, Director of Community Services George Harper, Director of Development Services Andy Law, Director of Operational Services Charles Reppke, Head of Democratic Services & Governance Bruce West, Head of Strategic Finance Dave Duthie, Head of Transportation & Infrastructure

Apologies: Councillor Ian Gillies Councillor Alistair McKinlay

1. DECLARATIONS OF INTEREST

Councillor Bruce Marshall declared a non-financial interest in relation to item 11 (Major Events and Festivals Grant Applications) of this minute because he attended meetings of the Cowalfest local group. While he declared the interest having had regard to the terms of the Councillors’ Code and the relationship between the interest and the subject matter being considered, he did not consider that role required him to play no part in the discussion of this item of business.

Councillor Robert Macintyre declared a financial interest in relation to item 17 (Land at Meadows, Rothesay) of this minute because of his membership of the Bute Agricultural Society. He left the room and took no part in the discussion on this item.

2. MINUTES

The Minutes of the Strategic Policy Committee on 15 June 2006 were approved as a correct record.

3. LEADER'S REPORT

The Leader of the Council submitted a report highlighting issues which he had recently been involved with including; Highlands and Islands Conveners/Leaders Group; COSLA Convention; Hermitage Academy: Financial Close; Silver Shaw Award: Scotlands Health at Work; Aqualibrium Opening; George Lyon MSP meeting in Rothesay and Argyll and Bute Council Excellence Awards 2006.

Page 104

The Leader also detailed his forthcoming meetings and responded to questions arising from his report.

Decision

To note the contents of report for the period 9 June to 5 July 2006.

(Reference: Report by Leader of the Council dated 20 July 2006, submitted)

4. SCOTTISH EXECUTIVE CONSULTATION ON A NATIONAL STRATEGY FOR SHARED SERVICES

A report by the Head of ICT and Financial Services advised that the National Strategy for Shared Services could have a considerable impact for the Council and the scope extends beyond traditional internal support functions to the processes and systems underpinning front line services. The Committee considered the draft response on the Consultation on the National Strategy for Shared Services prepared by the ICT Strategy Group following consideration by departmental management teams, and subsequent discussion with the Council’s Strategic Management Team.

Decision

The Committee approved the draft response as set out in the Appendix attached to the report for submission to the Scottish Executive subject to the following amendments:-

Question 3 – Amend the second paragraph by adding the words “and estates” after the word “legal”.

Question 3 – Amend the final paragraph by adding the words “Scottish Schools Digital Network” at the end of the paragraph.

Question 12 – add the following sentence at the end of the second paragraph “We note that The Scottish Executive Finance and Central Services Department Analytical Services Division commissioned research on “Improving Council Tax Collection Rates in Scotland” in 2005. This is due to be published in July 2006. We expect this to comment on the proposals for a national collection agency for council tax in Scotland and recommend that appropriate cognisance should be taken of this most recent research.”

Question 32 – Amend the second paragraph by substituting for the words “rather modest” the words “totally inadequate.”

(Reference: Report by ICT Strategy Group dated 28 June 2006, submitted)

5. HIGHLANDS AND ISLANDS PATHFINDER BROADBAND PROCUREMENT: APPOINTMENT OF PREFERRED SUPPLIER

The Committee considered a report which provided an update as to the appointment of the preferred bidder on the Pathfinder broadband procurement project which aims to provide high capacity broadband links to schools, libraries and other council buildings throughout the Highlands and Islands.

Decision

To note the progress being made on this large scale procurement project.

(Reference: Report by Chief Executive dated 29 June 2006, submitted)

Page 105

6. SCHOOL AND PUBLIC TRANSPORT * In 2005 an Internal Audit Review of Community Services transport was carried out and arising from that a short life working group was established under the leadership of the Depute Leader. An action plan was agreed to address the various issues contained in the Internal Audit Report.

Decision

To approve the approach as outlined in the Appendix attached to the report regarding the joint management of the transport budget for school and public transport.

(Reference: Report by Chief Executive dated 5 July 2006, submitted)

7. HOUSING ISSUES

The Spokesperson for Housing Issues, Councillor George Freeman, submitted a report which highlighted some of the issues he had been involved in recently including, Homelessness; Local Housing Strategy; Glenshellach Phase 2; Silverhills, Rosneath and the Housing Stock Transfer. He responded to questions arising from his report.

Decision

To note the contents of the Spokespersons report.

(Reference: Report by Spokesperson for Housing Issues dated 20 July 2006, submitted)

8. BETTER NEIGHBOURHOOD SERVICES FUNDING - FINAL ANNUAL REPORT

Argyll and Bute Council was awarded £2.7m by the Scottish Executive Better Neighbourhood Services Fund for the period 2002-2005 to develop additional improved services which would achieve agreed outcomes. A further £0.9m was awarded for the year 2005/2006, bringing the total BNSF grant to £3.6m. It had been a requirement of the grant funding that annual reports be submitted to report progress. A report outlining the Final Annual Report covering progress on the achievement of the outcomes for the period July 2004 to March 2006 and detailing information on outputs delivered to achieve the outcomes along with details of actual expenditure for the period 2003/2004 to 2005/2006 was considered.

Decision

To approve the content of the Final Annual Report attached to the report for submission to the Scottish Executive.

(Reference: Report by Director of Community Services dated 26 June 2006, submitted)

9. COMMUNITIES SCOTLAND INVESTMENT PROGRAMME 2006/07

Communities Scotland have indicated that they were likely to be in a position to invest around £15.5m within Argyll and Bute during the present financial year which included the £4.5m of Early Action Funding that the Strategic Policy Committee considered on 15 Page 106

June 2006. A report listing the projects that have been prioritised for attention through the Local Housing Strategy process was considered.

Decision

To note the terms of Communities Scotland’s investment programme for 2006/2007.

(Reference: Report by Director of Community Services dated 29 June 2006, submitted)

10. DELAYED DISCHARGE/FREE PERSONAL CARE FOR THE ELDERLY

The Council meeting of 28th June 2006 had before them the un-audited accounts for 2005/06 and in consequence of the information contained therein agreed to utilise the sum of £700,000 from the “free” element of the General Fund reserve towards the care of the elderly to deliver reductions in delayed discharges and waiting times for the provision of free personal care. It was also agreed that that further monitoring reports would be presented to the SPC. The Committee considered a report which advised that the sum of £700,000 would be supplemented by an additional £360,000 recurring revenue and that the details of all clients waiting discharge from hospital, and those awaiting the Free Personal Care allowance to assist in funding their existing placement, had been collated.

Decision

In order to progress the delayed discharge and Free Personal Care issues the Committee noted the following steps which were being taken:

1. the £700k non-recurring and £360k recurring revenue will be allocated over a two and a half year period allowing for recurring revenue to be available to fund the average length of the care package;

2. the discharge of 43 delayed discharge clients with funding in place for the subsequent two and a half years;

3. an additional 6 clients, already in care, having their Free Personal Care contribution provided as of 28th June (no back payment to date of admission);

4. all other clients awaiting their Free Personal Care allowance (presently 14) and projected new cases (additional 16 for the financial year 2006/07) will be provided with their allowance at the end of a three month period and financed via turnover in the Free Personal Care budget; and

5. to inform NHS Highland that it is the Council’s view that the non-committed resource transfer of £181k following the closure of NHS continuing care beds in Dunoon and Mid Argyll is allocated to support the delayed discharge agenda. This can be progressed either by discharging existing clients or by creating support packages that either prevent admission into NHS care or accelerate discharge from NHS care thus reducing the accumulation of further delayed discharge numbers.

6. that the Director of Community Services provide bi-monthly reports to the Strategic Policy Committee on the progress being made in meeting our targets.

(Reference: Report by Director of Community Services dated 7 July 2006, submitted)

11. MAJOR EVENTS AND FESTIVALS GRANT APPLICATIONS

Following the decision of the Strategic Policy Committee of 6 October 2005 to provide Page 107

200k of the Major Events and Festivals budget to secure match funding from HIE for events in the Highland Year of Culture 2007, there was £23,136 funding still available for this financial year. The Committee considered a report which provided details of current applications for funding from the Major Events and Festivals budget, assessed to what extent they met the agreed criteria and proposed which events should be awarded the grant monies remaining for this year.

Decision

Agreed to approve the grants as detailed below:-

Applicant Project Cost Amount Requested Amount Granted

Cowalfest £41,695 £10,500 £10,424 Dochas Centre £20,000 £5,000 NIL Launch Lochgilphead £13,980 £3,495 £3,495 Lantern Workshops and Parade Mull of Kintyre £75,000 £9,000 £9,000 Music and Arts Festival Tarbert Music £22,000 £5,000 NIL Festival Benmore Botanic £23,441 £5,860 NIL Garden Walk the Light Fantastic Total £22,919

(Reference: Report by Director of Community Services dated 20 June 2006, submitted)

12. LICENSING WORKING GROUP

A report setting out progress made by the Licensing Working Group established informally last year was considered.

Decision

1. That the Licensing Working Group:-

(a) Continue to identify issues of key concern to elected Members and to consider with partner agencies how these issues are or could be addressed;

(b) Look at emerging issues through changes in legislation etc that may have an impact on service delivery in this respect; and

2. To note the Argyll and Bute Substance Misuse Strategy Group Drug and Alcohol Action Plan for 2006 – 2009.

(Reference: Report by Director of Corporate Services dated 10 July 2006 and Argyll and Bute Substance Misuse Strategy Group Drug and Alcohol Action Plan 2006 – 2009, submitted)

13. OBAN ACTION PLAN

The Committee considered a recommendation by the Oban, Lorn & the Isles Area Page 108

Committee regarding the Oban Action Plan which was jointly commissioned with Argyll and the Islands Enterprise and Caledonian MacBrayne and produced by Messrs Ironside Farrar.

Decision

The Committee noted the recommendations of the Oban, Lorn and the Isles Area Committee and referred the report to the Budget meeting of the Council, for consideration.

(Reference: Extract from Minutes of Oban, Lorn and the Isles Area Committee of 7 June 2006 and Report by Director of Development Services dated 20 July 2006, submitted)

14. A MARINE BILL - CONSULTATION DOCUMENT

The Committee gave consideration to a report regarding a consultation document produced by the Department for Environmental Food and Rural Affairs on a Marine Bill. The UK Government’s purpose for the Marine Bill is to introduce within its areas of responsibility a new framework for the seas based on marine spatial planning that balances conservation, energy and resource needs. The consultation focuses in those areas of policy which the UK Government has reserved responsibilities and therefore although it covers Scotland as regards its geographical coverage it does not make any proposals in respect of matters that are devolved to either the Scottish Parliament or the Scottish Executive. The purpose of the Bill is to improve the delivery of policies relating to the marine activities operating in coastal and off shore waters and to ensure a more sustainable and integrated approach to marine management.

Decision

To approve the comments detailed in the report and that these form the Council’s response to the Marine Bill consultation.

(Reference: Report by Director of Development Services, submitted)

15. A BEST VALUE REVIEW OF THE CURRENT ARRANGEMENTS FOR ROADS DESIGN

In December 2005, Argyll and Bute Council commissioned Bishops Consulting to undertake a comprehensive assessment of the challenges it faced in delivering the infrastructure and transport element of the capital programme, with specific focus on the subsequent work of the Roads Design Team in progressing projects. A report incorporating Bishop’s findings, recommendations and proposed implementation plan was before the Committee for consideration.

Motion

1. To note the findings and recommendations set out in the executive summary attached to the report; and

2. To agree the recommendations in principle, remitting to the Directors of Development Services and Operational Services to progress the arrangements in accordance with the stops and timescales set out in the ‘implementation route map’ and to report back to the Strategic Policy Committee at the appropriate time.

Moved by Councillor Banks, seconded by Councillor Walsh.

Page 109

Amendment

That a Policy Development Group be set up to take forward the findings and recommendations as set out in Bishop’s executive summary.

Moved by Councillor Hay, seconded by Councillor Marshall.

Decision

A vote was taken on the Motion and the Amendment. The Motion received 5 votes and the Amendment received 5 votes. On there being an equality of votes, the Chairman used his casting vote for the Motion and the Committee resolved accordingly.

(Reference: Joint Report by Director of Development Services and Director of Operational Services dated 19 June 2006 and Bishops Consulting Executive Summary on A Review of the Current Arrangements for Roads Design dated June 2006, submitted)

The Committee resolved in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, to exclude the public from the following items of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraphs 9, 9 and 8 and 9, respectively of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

16. LAND AT ST CATHERINES

The Committee considered a recommendation from the Bute and Cowal Area Committee meeting held on 6 June 2006 regarding the sale of an area of ground at St Catherines.

Decision

Agreed that the Head of Legal and Protective Services should proceed to sell the land to the prospective purchasers at the price recommended by the Area Committee the consent to this having been obtained from the Scottish Ministers.

(Reference: Extract from Minutes of Bute and Cowal Area Committee of 6 June 2006, Report by Director of Corporate Services dated 23 May 2006 and Report by Director of Corporate Services dated 29 November 2005, submitted)

17. LAND AT MEADOWS, ROTHESAY

The Committee considered a recommendation from the Bute and Cowal Area Committee meeting held on 6 June 2006 regarding licence terms agreed with the Bute Agricultural Society in respect of land at King George V Playing Fields, Rothesay.

Decision

Agreed to conclude a licence with the Bute Agricultural Society on the terms and conditions outlined in the report by the Director of Corporate Services subject to:-

(a) The insertion of the words “take all reasonable steps to” between the words “shall” and “ensure” in point 7 of the list of terms; and

(b) Approval by the Scottish Ministers with regard to the proposed nominal rent.

(Reference: Extract from Minutes of Bute and Cowal Area Committee of 6 June 2006 and Report by Director of Corporate Services dated 16 May 2006, submitted)

Page 110

18. GARTBRECK AND GLENGORM LANDFILL SITES TENDERS FOR COMPLIANCE * WITH LEGISLATION/FUNDING SHORTFALL

The Committee considered a report which advised on the anticipated shortfall in capital funding to enable the Council to comply with the current legislation relating to the landfill sites at both Gartbreck on Islay and Glengorm on Mull and highlighted the various options available to the Council to address this situation.

Decision

Agreed to recommend to the Council:-

1. to allocate an additional £1.96 million of capital funding to allow the full works at both Gartbreck and Glengorm to proceed, funded as described in Appendix 3 of the submitted report.

2. that the Director of Operational Services makes an approach to the Scottish Executive for additional Strategic Waste Funding to maximise recycling and waste minimisation for the communities served by the Gartbreck and Glengorm sites, thus prolonging the life of the landfill sites.

(Reference: Report by Director of Operational Services dated 26 June 2006, submitted)

Page 111 Agenda Item 4o

MINUTES of MEETING of POLICY DEVELOPMENT GROUP ON THE LOCAL GOVERNANCE (SCOTLAND) ACT 2004 held in the MEMBERS ROOM, KILMORY, LOCHGILPHEAD on MONDAY, 31 JULY 2006

Present: Councillor Dick Walsh (Chair)

Councillor George Freeman Councillor Len Scoullar Councillor Gary Mulvaney

Also Present: Councillor Alsion Hay

Attending: James McLellan, Chief Executive Nigel Stewart, Director of Corporate Services George Harper, Director of Development Services Andy Law, Director of Operational Services Ken Macdonald, Area Corporate Services Manager Shirley MacLeod, Area Corporate Services Manager Lynn Smillie, Area Corporate Services Manager Shona Strachan, Management Trainee

1. APOLOGIES FOR ABSENCE

Apologies were intimated by Councillor Ronald Kinloch and Councillor Isobel Strong.

2. MINUTES

The Minutes of the meeting of the Policy Development Group on the Local Governance (Scotland) Act 2004 of 13 July 2006 were approved as a correct record.

Arising under item 4c (Other Issues) the Director of Corporate Services indicated it was likely there would be an e-count in Lochgilphead for Argyll and Bute at the May 2007 elections and that the agreement with the contractor would be signed off in September/October 2006. It was noted that, as before, Argyll and Bute Council would be liable for the costs associated with the local government election, including a share of the cost of the e-counting provision.

Arising under item 8 (Making Coalitions Work Conference) Councillor Scoullar confirmed that the date of this Conference had changed to 25 October 2006. It was agreed that Councillor Scoullar and Councillor Hay should attend if they are available, and, if not, that they arrange for another Member of the PDG to attend in their place.

3. POLITICAL MANAGEMENT ARRANGEMENTS - PRESENTATION BY DIRECTOR OF CORPORATE SERVICES

Taking into account discussions at the last meeting and responses to the Councillors’ questionnaire received, the Director of Corporate Services gave a presentation on issues around future Political Management Arrangements, which highlighted themes and issues that needed to be taken account of.

Page 112

Decision

The Group thanked the Director for the presentation and agreed that this now be presented to Members at the Seminars arranged for 15 and 23 August 2006. The Group also agreed with the final format of the programme for the Seminars.

Page 113 Agenda Item 4p ARGYLL AND BUTE COUNCIL

Report by Director of Corporate Services in the Absence of a Quorum for the Housing Stock Transfer Ad Hoc Committee of 3 August 2006 held in the Council Chamber, Kilmory, Lochgilphead

Present: Councillor George Freeman (Chair)

Councillor Dick Walsh

Attending: James McLellan Chief Executive Nigel Stewart, Director of Corporate Services Douglas Hendry, Director of Community Services Malcolm MacFadyen, Head of Planning and Performance

Apology: Councillor Donald McIntosh

The meeting was inquorate and no business was transacted. Page 114

This page is intentionally left blank Page 115 Agenda Item 5a

ARGYLL AND BUTE COUNCIL COUNCIL MEETING

HEAD OF STRATEGIC FINANCE WEDNESDAY 16 AUGUST 2006

TENANT ARREARS

1 INTRODUCTION

1.1 At the point of transfer there will be a number of existing and former tenants with outstanding arrears. An agreement needs to be reached between ACHA and the Council as to who will retain responsibility for collecting these debts. This report describes the options available to be pursued with ACHA with the pros and cons associated with each option.

2 RECOMMENDATIONS

2.1 Following their meeting on 3 August 2006, the Housing Stock Transfer Steering Group has recommended that option 2 should be adopted and pursued with ACHA as it represents the best value solution for the Council.

2.2 Members are also asked to note that the figure for outstanding former tenant arrears will remain with the Council for collection.

3 DETAIL

Existing Tenant Arrears

3.1 The Council collects rental income from its domestic tenants and has a profile of unpaid rent arrears from existing tenants. As at July 2006 there was a little over £200,000 outstanding spread amongst 1,674 debtors (this will not be final, transfer arrears figure but can be used to demonstrate the alternative options). This can be broken down into the following aged debt brackets:

Age range Debt Outstanding 0-4 weeks £46,890 4-13 weeks £37,798 13-26 weeks £34,266 26-39 weeks £22,388 39-52 weeks £29,085 52+ weeks £36,573 Total £207,000

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3.2 Currently these debts are collected by Housing staff supported by staff from Legal & Protective Services. After transfer these staff will be transferred to ACHA so this collection activity will need to be undertaken by alternative staff within the Council. Also, these debts include a certain element of ‘technical arrears’ which relate to delays in repayment, to the Council, of Housing Benefit by the Department for Work and Pensions.

3.3 Given that the collection resources will transfer to ACHA the Association was approached to determine whether they would be willing to collect this debt. ACHA were initially resistant to this approach as there was a feeling that it was a Council liability to pursue. However, ACHA have now put forward a proposal to purchase the arrears with a discount applied to the older debts. This would result in the Council receiving a cash sum up front but would involve writing off some of the potential debt to be collected. The options available to the Council are explored below using the figures for July 2006 as an example of the sums involved:

Option 1: Council retains collection of the arrears

3.4 The table above shows the total level of existing tenant arrears. However, the Council would not expect to collect the full debt figure as older arrears are less likely to be collected. The Council makes assumptions on the collection rates of certain ages of debt in order to determine the Bad Debt Provision each year. The expected level of collection if the Council continued to collect would be:

Age Range Amount Expected % Amount Outstanding collection Collected 0-4 weeks £46,890 100% £46,890 4-13 weeks £37,798 90% £34,018 13-26 weeks £34,266 75% £25,700 26-39 weeks £22,388 50% £11,194 39-52 weeks £29,085 25% £7,271 52+ weeks £36,573 5% £1,829 Total £207,000 £126,902

3.5 Of all the options, this would appear to offer the chance for collecting the most cash given the assumptions on collection rates. It also offers the chance of the Council securing 100% of any debts that are collected where the expected collection rate is exceeded.

3.6 There are significant drawbacks to retaining the debt. The most important is that the resources for collecting these arrears will be transferring to ACHA. This means that the pursuit of these 1,600 or so outstanding debts would fall on retained Council resources. The additional costs and administration involved in collection could be significant. There is also the issue that ACHA will maintain the

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continuing relationship with tenants and should, potentially, have a greater chance of securing payment.

Option 2: ACHA purchase the portfolio of existing tenant arrears

3.7 ACHA have offered to purchase the debt portfolio from the Council at a discount which they have determined in consultation with their advisers. This discount is based upon how much of the arrears they would expect to collect. For the arrears outstanding in July 2006 the Council could expect to obtain from ACHA an upfront payment based upon the following calculation:

Age Range Amount Expected % Amount Outstanding collection Collected 0-4 weeks £46,890 90% £42,201 4-12 weeks £37,798 80% £27,492 12-24 weeks £34,266 70% £26,389 24-36 weeks £22,388 55% £10,133 36-50 weeks £29,085 40% £11,687 50+ weeks £36,573 20% £8,081 Total £207,000 £125,983*

*This is the amount that ACHA should be willing to pay to obtain the existing tenant rent arrears from the Council based upon their own assumptions and the arrears outstanding in mid July.

3.8 In this situation the Council would receive from ACHA an up front payment of around £126,000 which compares to a similar figure that the Council would expect to obtain from its own collection. This option would also have the advantage of removing from the Council the responsibility for pursing this debt while providing ACHA with an incentive to collect as much as possible from its own tenants.

3.9 The main drawback of this approach would be that the Council would have to write off around 36% of its current arrears. However, if the arrears collection remained with the Council paragraph 3.4 above demonstrates that a similar amount would be expected to be written off anyway.

Option 3: Enter into a sharing mechanism with ACHA

3.10 Communities Scotland have recommended that the Council could enter into a sharing agreement with ACHA. This would involve ACHA paying a modest, up front fee with a split of future receipts 50/50 for debts collected beyond the initial fee value.

3.11 Based upon the Communities Scotland recommended mechanism the Council would expect to receive the following based upon the July 2006 debt outstanding:

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Amount Total amount ACHA are expected to £125,983 collect (from 3.7 above) 10% up front payment to Council £20,700 50% of the remaining amount that ACHA would be expected to secure after the £52,642 initial payment Total expected receipt to Council £73,342

3.12 Clearly the expected return to the Council from this option is the lowest of the three. Also, this would require ACHA to continue paying over receipts to the Council on a long term basis which would impose an administrative burden on both the Council and ACHA.

Former Tenant Arrears

3.13 The arrears from former tenants amount at present to £192,000 for rent arrears with additional charges outstanding related to the council house properties such as repairs and maintenance work. As ACHA will not have an ongoing relationship these individuals the arrears will remain with the Council after transfer.

4 CONCLUSIONS

4.1 Options 1 and 2 above provide a similar expected return to the Council from the debt outstanding at transfer. However, Option 2 provides an up front receipt to the Council without the requirement to find additional administrative support for collecting the debts. This option also provides an incentive to ACHA to collect these debts and maximise the income secured from their ongoing tenants.

IMPLICATIONS Policy – None Personnel – The staff who currently pursue rent arrears are due to transfer to ACHA and will not be available to pursue the arrears should the Council agree to option 1. Legal – None Equal Opportunities – None Financial – Both option 1 and 2 have comparable financial outcomes and are better than option 3. Under options 1 or 2 the amount to be written off will be consistent with the provision the Council currently makes for bad debts (36% of arrears or £80,000).

For further information please contact Bruce West Head of Strategic Finance 01546- 604151

Bruce West, Head of Strategic Finance 8 August 2006

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ARGYLL AND BUTE COUNCIL COUNCIL MEETING

DIRECTOR OF COMMUNITY SERVICES WEDNESDAY 16 AUGUST 2006

EARLY ACTION FUNDING

1. SUMMARY

1.1 Members may recall that the Scottish Executive has provisionally allocated £10m - £15m of Early Action Funding in support of Argyll & Bute Council’s Housing Stock Transfer Project. Decisions were also taken at the Strategic Policy Committee meeting held on 15 June 2006 resulting in recommendations being passed to Communities Scotland for the use of £13m of the available funding.

1.2 A further £2m remains to be allocated and this paper sets out recommendations for Members’ consideration in this regard. It also summarises the guidance that has been published by Communities Scotland for the use of Early Action Funding.

2. RECOMMENDATION

2.1 Members are asked to agree to the recommendation for the use of the remaining £2m of Early Action Funding as set out within sections 3.6 of this paper.

3. DETAIL

3.1 Background: The Scottish Executive has provisionally allocated £10m - £15m of Early Action Funding to support Argyll & Bute Council’s Housing Stock Transfer Project.

3.2 Early Action Fund Guidance: In taking this matter forward, Members are reminded that Communities Scotland’s guidance makes clear that Early Action Funding is expected to capture the early benefits of housing stock transfer, to make positive contributions to the sustainability of the transfer proposal and to mitigate any price negativity as far as is practically possible. The guidance goes on to indicate that the fund is primarily for housing capital works, although some limited allocations could be made for revenue activity, where this is strictly time limited. Attention is specifically drawn to the fact that where it is proposed funds should be made available to establish projects which will require ongoing revenue funding, the source of this ongoing funding must be clarified as an essential pre-requisite to the application being considered.

3.3 It is expected that Early Action Funding should be targeted on specific areas/issues where the spend will achieve greatest impact. The priority for its use is to support housing activity which is directly linked to stock transfer and ensure that the investment contributes a step change in the regeneration of the area. It is specifically suggested that it can be used for the following activities:

• Demolitions • New Build F:\moderngov\Data\AgendaItemDocs\3\9\8\AI00030893\EarlyActionFunding20.doc Page 120

• Environmental improvements including bringing roads and paths up to an adoptable standard for the benefit of the transfer price • Land acquisition • Land reclamation • Support to meet pre-transfer owner/occupier costs linked to demolition

Also, in cases where a Council can demonstrate that it has a shortfall of affordable housing, the Early Action Fund allocation may be used to contribute towards meeting this shortfall. (This has been clearly demonstrated by the Council to the satisfaction of Communities Scotland through our Local Housing Strategy). Subsequently, Communities Scotland’s representatives on the Case Team have indicated that Early Action Funding may have to be considered as a potential source of support for ACHA’s business plan.

3.4 Early Action Funding allocated to date: Members agreed to adopt a series of recommendations at the Strategic Policy Committee held on 15 June 2006 for the potential use of Early Action Funding. These were forwarded for consideration by Communities Scotland and have resulted in them taking steps to provisionally allocate a total of £13m against the projects prioritised by the Council in consultation with partner agencies. Where appropriate, they have already factored the required finance into the Investment and Funding Plans of the receiving RSLs.

3.5 Related Assets: After taking these recommendations into account, a balance of £2m remains available for allocation. Members are asked to note that since the Strategic Policy Committee meeting, considerable work has been carried out to update the position on Related Assets such as unadopted roads, private water supplies etc. that impact on the Housing Stock Transfer project. This work has been carried out by the John Martin Partnership, the Council’s Stock Condition consultants and has been subject to scrutiny by DTZ Research & Consulting, our Lead Advisers in Stock Transfer. Their findings have highlighted a projected £9.5m funding requirement for ACHA if these assets are to be improved to adoptable standard. This contrasts with the provision of £5.6m that has been made to date within the Independent Valuation and ACHA’s draft business plan. Although this is the case, the funding gap has been closed to around £2.5m following the earlier decisions taken by Members in relation to the allocation of Early Action Funding for the treatment of unadopted roads and the upgrading of garages.

3.6 This problem has been subject to consideration at the recent Housing Stock Transfer Case Team and Steering Group meetings. It was also raised during a meeting with the Depute Minister for Communities on 27 July 2006. Arising from this consideration and having regard to the fact that Communities Scotland have made clear that no additional subsidy will be made available to deal with this matter, the Housing Stock Transfer Steering Group has recommended that the Council should ask Communities Scotland to provisionally allocate the remaining £2m of Early Action Funding to permit the treatment of these assets by ACHA. This is on the strict understanding that the drawdown of this additional funding will be subject to Communities Scotland’s standard grant conditions.

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4. CONCLUSION

4.1 The Early Action Funding of £10 - £15m provisionally allocated to the Council in support of its Housing Stock Transfer project, is considered to be part of the overall subsidy package for this purpose. Although it is intended principally to capture the early benefits of transfer and to make a positive contribution to the overall sustainability of the project, Communities Scotland has requested an indication of a forward programme from the Council for the use of the available funding, with approximately £4.5m of the balance to be made available during the present financial year. They have also made clear that in the event of the £40m NPV subsidy proving insufficient to support the transfer, then Early Action Funding may have to be used for this purpose.

4.2 The Council are expected to develop proposals for the use of Early Action Funding in collaboration with RSLs and other Community Planning partners as appropriate.

4.3 This report highlights recommendations for the use of the final £2m of the available funding.

5.0 IMPLICATIONS

5.1 Legal – nil. 5.2 Financial – Ongoing revenue funding has to be identified in advance of the consideration of any project of this nature. 5.3 Policy – Early Action Funding can assist the Council’s policy objectives in relation to Housing Stock Transfer and the Local Housing Strategy. 5.4 Personnel – Nil. 5.5 Equal Opportunities – Nil.

Director of Community Services 4 August 2006

For further information contact: Mr Malcolm MacFadyen, Head of Planning and Performance 01546 604412 Background Papers: Early Action Funding - Strategic Policy Committee – Thursday 15 June 2006 (Director of Community Services)

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ARGYLL AND BUTE COUNCIL COUNCIL

COMMUNITY SERVICES WEDNESDAY 16 AUGUST 2006

HOUSING STOCK TRANSFER BUSINESS PLAN APPRAISAL

1. SUMMARY

1.1 This report sets out a series of recommendations which, if acceptable to Members, would allow the Council to progress towards the conclusion of its Housing Stock Transfer project. It builds upon the appraisal of the earlier draft of Argyll Community Housing Association’s Business Plan that was considered by the Council on 29 June 2005.

2. RECOMMENDATION

The Council passes the following resolutions:

2.1 The Council

(a) notes the steps that have been taken to reach this final implementation phase as set out in Annex 1 by the Head of Planning and Performance.

(b) notes the terms of the Non-Financial Appraisal of Argyll Community Housing Association’s Business Plan as set out in Annex 2 by DTZ Consulting & Research.

(c) notes the terms of the Financial Appraisal of Argyll Community Housing Association’s Business Plan as set out in Annex 3 by the Head of Strategic Finance.

(d) notes the impact that Housing Stock Transfer will have on the Council’s General Fund as highlighted within Annex 4 by the Head of Strategic Finance.

(e) notes the arrangements that the Council will have to make post transfer for the discharge of its Strategic Housing function to accord with the provisions of the Housing (Scotland) Act 2001 as highlighted within Annex 5 by the Head of Planning and Performance.

(f) approves Argyll Community Housing Association’s Business Plan, subject to the points raised in Annexes 2 and 3.

2.2 The Council authorises the Director of Community Services to prepare and submit the final Business Case for transfer to Scottish Ministers for their approval.

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2.3 The Council authorises the Director of Community Services to negiotiate, agree and enter into on behalf of the Council, and resolves that the Council will perform the obligations contained in, inter alia, the following documents and all other contractual or conveyancing documents including any documents consequential or ancillary thereto that the Council may require to enter into in relation to the Housing Stock Transfer:- (a) Transfer agreement between the Council and Argyll Community Housing Association Limited (the “Transfer Agreement”) (b) the various other documents specified or referred to in the Transfer Agreement (c) Deed of Indemnity by the Council to Lloyds TSB (Scotland) plc

2.4 The Council authorises the Director of Corporate Services or the Head of Legal and Protective Services to sign and deliver the foregoing documents and all other contractual or conveyancing documents including any documents consequential or ancillary thereto in relation to the Housing Stock Transfer, on behalf of the Council.

2.5 The Council confirms that it has the power to enter into the Agreement and all other contractual documents referred to in paragraph 2.3 above by virtue of (a) section 12 of the Housing (Scotland) Act 1987 and (b) section 92 of the Housing (Scotland) Act 2001, subject always in both cases to the consent of the Scottish Ministers being obtained.

3. DETAIL

3.1 Annex 1 to this report, as prepared by the Head of Planning and Performance, summarises the process that has been followed by the Council to reach the final implementation phase of housing stock transfer.

3.2 Building on the successful ballot outcome, the Council and its advisors have worked to enable the Argyll Community Housing Association to submit a further update of their draft Business Plan for appraisal by the Council and Communities Scotland. This has now been subject to rigorous appraisal from a non-financial perspective as outlined within Annex 2.

3.3 Careful scrutiny has also been applied to the Business Plan from the financial perspective. This process has been led within the Council by the Head of Strategic Finance, with the assistance of DTZ Consulting & Research. The outcome of this process and associated recommendations are highlighted within Annex 3.

3.4 On a similar basis to the foregoing, prior to taking a final decision on housing stock transfer, Members must be made aware of the ongoing implications for the Council’s General Fund. This is set out within Annex 4 by the Head of Strategic Finance.

3.5 The Housing (Scotland) Act 2001 requires all local authorities to discharge a strategic housing function. This mainly manifests itself in the Local Housing Strategy process of which Members are already aware. This, however, carries significant duties and burdens in relation to

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consultation and negotiation with a range of housing providers. Post stock transfer, it will also be necessary to monitor and evaluate the delivery of the outcomes specified within the contract that will exist between the Council and Argyll Community Housing Association. Annex 5 sets out the main requirements.

3.6 If Members are prepared to accept the recommendations for the way forward as outlined within this paper, the Council will have to move forward with the submission of a formal business case for transfer for Ministerial approval. Assuming the recommendations within this paper are acceptable, it is anticipated that transfer will take place in early October 2006.

4. CONCLUSION

4.1 The Council has recognised that, while operating within the existing financial and legislative framework, stock transfer appears to offer the only real opportunity for delivery of the necessary repairs and improvements that our tenants desire within the context of an affordable rent regime. Stock transfer also appears to afford the only realistic option for delivery of the Scottish Housing Quality Standard by 2015.

4.2 The housing stock transfer process fully reflects the Council’s commitment to partnership working in discharging its Corporate and Local Housing Strategy goals. However, Members should be aware that the process is complex and not without risk. The financial appraisal of the Business Plan, in particular, has highlighted a number of areas where it is viewed, the Argyll Community Housing Association’s Business Plan will be subject to risk particularly in the early years post transfer.

5.0 IMPLICATIONS

5.1 Legal – Post housing stock transfer, the Council’s working relationship with the Argyll Community Housing Association will be set out within the framework of a detailed transfer contract, specifying all required outcomes.

5.2 Financial – The housing stock transfer process, from its outset, has been supported by the Scottish Executive through the provision of New Housing Partnership funding. In addition, following the Council’s acceptance onto the Community Ownership Programme, agreement has been reached on a £40m NPV subsidy package to support the delivery of the Business Plan. Early Action Funding of £10 - £15m has also been provisionally allocated to the Council to further assist the stock transfer process.

Post transfer, the Scottish Executive will take on the obligation to service the Council’s HRA debt and will deal with the associated breakage costs. There will be a residual impact on the Council’s General Fund as outlined within Annex 5.

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5.3 Personnel – It is recognised that stock transfer will have a major impact on staff. Staff will transfer under TUPE and meetings are being held on an ongoing basis with the Argyll Community Housing Association to bring this matter to a conclusion as soon as possible. In addition, staff briefing notes are issued on a regular basis. Arrangements have been made to employ an independent staff advisor to help address concerns.

5.4 Equal Opportunities – Argyll Community Housing Association’s Business Plan reflects Equal Opportunities.

5.5 Policy – The Council has established an overall housing goal to enable the provision of an adequate supply of good quality, affordable housing to help sustain the communities we serve. Moving forward to the final implementation phase will permit this to be addressed as stock transfer will offer the opportunity to secure the delivery of necessary repairs and improvements within the context of an affordable rent regime. It also complies with the Scottish Executive policy of extending opportunities for greater Community Ownership.

Director of Community Services 31 July 2006

For further information contact: Mr Malcolm MacFadyen, Head of Planning and Performance 01546 604412 Background Papers:

Argyll & Bute Council Housing Stock Option Appraisal Study – DTZ Pieda Consulting – June 2001

Argyll & Bute Council Housing Stock Transfer Feasibility Study - DTZ Pieda Consulting – April 2003

Housing Stock Transfer Feasibility Study – Report to the full Council - Director of Housing & Social Work – May 2003

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ANNEX 1

THE HOUSING STOCK TRANSFER PROCESS

1.0 OPTION APPRAISAL

1.1 Members are reminded that Argyll & Bute Council commissioned the firm of DTZ Pieda Consulting in the year 2000 to carry out an option appraisal into the future of its housing stock. This process examined the implications of:

• full stock transfer • partial stock transfer • stock retention

1.2 The outcome of this work was reported to the Council in June 2001 when Members agreed to move forward to the Feasibility Study stage, having noted the principal conclusion of the Option Appraisal Study that while operating within the existing financial and legislative framework, full stock transfer offered the only viable means of securing the necessary repairs and improvements to the housing stock within the context of an affordable rent regime.

2.0 FEASIBILITY STUDY

2.1 Arising from the Council meeting of June 2001, Members agreed that the Council should negotiate with Communities Scotland for the necessary funding to commission a feasibility study. Ultimately, the firm of DTZ Pieda Consulting were re-engaged in February 2002 to carry out this process. Their work was made up of the following elements:

• an updated assessment of housing needs • an appraisal of possible transfer vehicles, structures etc. • a detailed investigation of the impact of stock transfer on the Council’s General Fund, together with the subsequent impact of directly and indirectly employed staff • the generation of a stock disposal strategy and action plan for implementation • the formulation and implementation of an on-going tenant stakeholder consultation strategy

2.2 A report was submitted to the Council meeting of 8 May 2003 highlighting the principal conclusions of the feasibility study process. These made clear that stock transfer to a not for profit landlord provided the best solution for Argyll & Bute Council and its tenants to meet: Page 128

• future investment requirements • tenants’ aspirations • housing need • rent affordability • to contribute to the local economy

It was further highlighted that having appraised all options, the best solution would arise from the development of an Argyll & Bute wide landlord, based on the model of a housing association, with an area structure, contiguous with existing Council administrative areas.

2.3 On the strength of these findings, Members agreed to note the decision to move forward to the final implementation phase that had been taken by the outgoing authority at their meeting in April 2003. Agreement was also reached for the management of the project to be undertaken by the Director of Community Services, with the Head of Planning and Performance taking overall responsibility on a day to day basis. This was on the strict understanding that the project steering group would be resurrected to oversee the process. (The Members serving on this group have also occasionally formed the Housing Stock Transfer Ad Hoc Committee to take decisions on behalf of the Council when required). Five members were elected to the steering group on that day and a further five were nominated to serve on the board of the shadow RSL.

3.0 FINAL IMPLEMENTATION PHASE

3.1 Following a competitive tendering process, DTZ Pieda were engaged once again as the Council’s Lead Advisers in moving forward into the final implementation phase. Alastair MacGregor, the Chief Executive of Queens Cross Housing Association, was also seconded to the role of RSL Development Manager in early 2004. This was with a view to supporting the development of the RSL’s Business Plan together with the delivery of the training programme for Shadow Board members.

3.2 Whereas the earlier aspects of the process had been conducted under the Scottish Executive’s guidance for Housing Transfer to Community Ownership, the Council was required to submit a formal application to the Executive in order to gain access to the newly introduced Community Ownership Programme. This application was submitted in May 2004 and resulted in the authority being formally accepted onto the programme in September 2004. Also in May 2004, the Scottish Executive formally wrote to the Council to outline the allocation of a subsidy package of £40m NPV to support the business plan of the new RSL. In addition, the Council was advised that Page 129

Ministers were prepared to make available Regeneration Funding of between £10m - £15m to the Council for regeneration activity in support of the Housing Stock Transfer. Subsequently, following the publication of formal guidance on the subject, in November of 2004, this funding was re-named Early Action Funding. The Council has now reached in principle agreement with Communities Scotland over the allocation of £13m of the available Early Action Funding.

3.3 Following the submission of our Gateway 2 proposal, Ministerial permission to move forward to the ballot was granted in September 2005. This triggered the formal Stage 1 and Stage 2 Consultation Period followed by the ballot. The positive result of this was reported to the Council at their meeting in December 2005.

3.4 Building on the successful ballot outcome, the Council and its advisors have worked to enable The Argyll Community Housing Association to submit a further update of their draft Business Plan for appraisal by the Council and Communities Scotland. Following a rigorous appraisal process, this has now been subject to both non-financial and financial scrutiny as outlined within Annexes 2 and 3.

3.5 Subject to the Council’s acceptance of the recommendations contained within this report, transfer is now envisaged for the beginning of October 2006. The Council will require to submit a formal business case for Ministerial permission to transfer in the first instance.

Malcolm MacFadyen Head of Planning and Performance

31 July 2006 Page 130

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Housing Stock Transfer

Non-Financial issues associated with ACHA’s Business Plan of 30 May 2006

Page Paragraph No. Topic Issue/Implication Recommendation No. 12 1.16 Development Change of word – Change is not material Programme proposes/expects but this reflects ACHA’s aspirations for its future development role. 16 2.7 Area Level of delegated Accepted Committees authority 20 2.32 TUPE Job matching and Accepted appeals process to be completed by end August 2006 24 2.53 etc SLAs Detail stated Accuracy of the detail to be confirmed in due course. 37 4.31 Proposed Detail stated Accepted office locations 38 4.35 Community Feasibility studies Accepted facilities for Campbeltown & Soroba 40 5.4 Investment Approved list of Good progress made strategy tenderers etc 44 5.17 Aids & Bid submitted to Accepted Adaptations Communities Scotland -June 2006 45 Old 5.25 Strategic Reference removed Not material Planning 50 5.31 IT Accounting and Accepted infrastructure finance package provided for 56 6.21 Bad Debts - 0.5% provision Accepted Rent assumed 57 6.23 etc RTBs Changes in numbers Queried via Financial and values Assumptions 6.51 Investment TUPE changes Accepted 61 and Regeneration Team

1 Page 132 ANNEX 2 The non financial changes made to ACHA's previous Business Plan are all considered to be acceptable and the Steering Group is asked to approve the version dated 30th may 2006.

It is expected that the final version of ACHA's Business Plan will come forward shortly before transfer.

DTZ Consulting & Research 28th July 2006

2 Page 133

ANNEX 3

FINANCIAL EVALUATION OF ACHA BUSINESS PLAN

1 INTRODUCTION

1.1 This report summarises the work carried out on evaluation of the financial aspects of the business plan prepared by Argyll Community Housing Association (ACHA) and compares the cash flows to those reported to the Council meeting on 29 June 2005. Particular attention has been paid to the changes in the financial risk profile of the plan and the impact this could have on ACHA’s ability to fulfil the undertakings described in Annex 3.

2 RECOMMENDATION

2.1 The Steering Group should note that certain changes to assumptions in ACHA’s business plan between June 2005 and August 2006 pose an increased financial risk to the Association. However, even with the tightening financial situation the plan has sufficient scope within it to enable ACHA to meet its stated objectives as long as its assumptions hold.

2.2 It is recommended that the business plan is approved subject to the Ad Hoc Committee’s agreement with the Strategic Finance assessment of the risks inherent in the ACHA financial model.

3 DETAIL

3.1 Background

3.1.1 A report on the financial evaluation of ACHA’s business plan was presented to the Council on 29 June 2005. The 2005 report provided sufficient comfort to the Council on the ACHA business plan to enable the consultation process to proceed. It did identify two areas of concern, assessment of the DLO and assumptions in the repairs costs, that were subsequently resolved via discussions between Council officials, the Council’s advisers and representatives of ACHA. These matters have been reported in detail through various Steering Group and Ad Hoc Committee meetings over recent months.

3.1.2 The business plan requires approval by the Council and Communities Scotland and will be a key document in terms of arranging the input of private sector finance from funders. The business plan needs to demonstrate the proposals developed by ACHA are viable and fundable. The business plan is likely to receive approval from Communities Scotland and, after appropriate audit of the financial model, it will be accepted by ACHA’s chosen funders, Lloyds TSB.

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ANNEX 3 3.1.3 The update of the 2005 financial evaluation of the business plan has been carried out as follows: Review of arithmetical accuracy and logic of the financial model supporting the business plan. Review of assumptions input to the financial model. Review of outputs from financial model – cash flow, income and expenditure etc. Review financial model against business plan narrative. Comparison of financial model to independent valuation. Comparison against the criteria for housing stock transfer agreed by the Council.

The financial evaluation has been undertaken in conjunction with DTZ Consulting & Research the Council’s lead advisors on housing stock transfer.

3.1.4 A considerable amount of work has been carried out to review the financial model which supports the ACHA business plan. Arising from this a number of changes to the position reported on 29 June 2005 plan have been identified. In 2005 these issues were categorised as Green, Amber or Red:

A green issue is one of no or minor risk to the business plan and no further action or comment is required. An amber issue is one where there is a real risk to the business plan that ACHA will need to monitor and manage. Amber issues recognise that the business plan and its assumptions are ACHA’s and it is legitimate for these to differ from the independent valuation. These differences whilst legitimate do represent a risk that ACHA need to monitor and manage but are not so great as to question the overall viability of the business plan. The Council should be aware of these and the need for monitoring and management by ACHA. Red issues are those that have a significant effect on the business plan and the business plan should not be given final approval until these are resolved.

The analysis used in this report shows the changes to the cashflows and also whether there is a change to the traffic light colour from last year’s report.

3.1.5 For red and amber issues supplementary information was requested and received from ACHA asking them to explain how they arrived at their assumptions in these areas and to indicate what research they had undertaken to support their assumptions. Details of how ACHA would monitor the risks associated with each assumption and how they would take management action to address any implications if actual out-turn differed from the business plan assumption was also requested and received. Page 135

ANNEX 3

3.2 Overview of Business Plan

3.2.1 A simple financial overview of the ACHA business plan can be obtained by summarising the projected cash flows over 30 years. The table below gives the total cash flow over 30 years for the main income and expenditure associated with ACHA’s business plan and a comparison with the position in 2005.

2005 2006 % Previous Para/Stat Description £000s £000s difference Status us Rental Income 534,615 541,059 1% Green 3.3 Green Other Income 23,024 26,367 15% Amber 3.4 Amber Right to Buy (RTB) 8,289 7,814 -6% Green 3.5 Green Sales Scottish Executive 68,000 68,000 0% Amber 3.6 Amber Subsidy Total Funding 633,928 643,240 1.47% Staff & Supporting (107,136) (120,421) 12% Amber 3.7 Amber People Revenue Repairs & 3.12 (384,476) (375,819) -2% Amber Maintenance (R&M) Amber Other Revenue Spend (11,434) (2,056) -82% Amber 3.8 Amber RTB Admin (1,965) (1,552) -21% Green 3.9 Green 3.12 Capital R&M (62,463) (60,609) -3% Amber Amber 3.10 Other Capital (2,359) (169) -93% Green Green 3.11 Interest (62,170) (76,051) 22% Amber Amber Total Costs (632,003) (636,677) 0.74% Loans Taken 62,205 56,757 Loans Repaid (62,205) (56,757) Net Cash Flow 1,925 6,563 Surplus after 30 years

The paragraphs that follow consider the issues with respect to each of the income and expenditure headings in the table above.

3.3 Rental Income

3.3.1 This is the most significant income stream accounting for 84.1% of total funding. The sum of £534,615 reflects the stock numbers provided by the Council with appropriate assumptions for the level of right to buy sales. The assumptions on rent increases at retail price index (RPI)+1% are consistent with the independent valuation and are considered acceptable. ACHA’s expected performance for rates of voids and bad debts are now lower than the valuation and the 2005 business plan. This is immaterial to the overall income figure.

Status - Green

3.4 Other Income

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ANNEX 3 3.4.1 Other income comprises rents for garages and garage sites, recovery of service charges, activities associated with Supporting People and deficit funding for the operation of travelling persons sites. Although only 4.1% of the total funding there are some key assumptions that are material to the overall cash flow. The assumptions on garage and garage site income remain unchanged from 2005 and are in line with the independent valuation. It is proposed to raise £50,000 in income by recharging owner occupiers for communal services. Income from deficit funding on travelling persons sites amounts to £140,000 per annum. These 3 assumptions are acceptable.

3.4.2 The Ad-hoc Sub Committee has agreed to ACHA’s request that the Council allocate £254,000, for the remainder of the current 3 year financial settlement ie from date of transfer until 31 March 2008, of the current windfall income it receives of £274,000 related to Supporting People. From 1 April 2008 ACHA will be treated on the same basis as other housing associations that provide supporting people services. They will submit applications on an individual tenant basis each of which will be considered on its own merits. The income assumption of £254,000 continues for each of the 30 years of the business plan albeit a commitment to funding is only being sought for the period to 31 March 2008. This was identified as a risk to ACHA’s business plan for the period after 1 April 2008 particularly given that the Council’s share of Supporting People income is due to decrease over the next few years.

3.4.3 In the 2006 model ACHA are assuming that they will be able to increase the income derived from elderly person services at 10% per year for the first three years. This level of additional income, beyond the £254,000 in the previous plan, is assumed to total £3.27m over the 30 year period. Again, this increases the risk to the plan given the uncertain nature of the income to be generated.

3.4.4 ACHA have indicated they will monitor the income being achieved from supporting people and are putting in place a review of elderly person services with a view to generating additional income. The results of this process will be reported through their management structure and where necessary will take action as follows: Look to make further efficiencies or reduce the costs of the service Seek to generate further income by selling services outwith the sheltered housing service Cease service provision where appropriate Look to absorb the net additional costs within the overall financial position of ACHA ie by cutting costs in other service areas.

Status – Amber Page 137

ANNEX 3

3.5 RTB Sales

3.5.1 The assumptions on RTB sales have changed since last year with an assumed reduction in the number of sales (based on an increase in sales in the pre-transfer period). However, these are acceptable. At £7.814m it is only 1.2% of total funding and not that significant in the overall scheme of things.

Status - Green

3.6 Scottish Executive Subsidy

3.6.1 This represents the subsidy payable by the Scottish Executive. The cash amount of £68m (10% of the total funding) equates to £40m in net present value (NPV) terms. The subsidy agreed with the Scottish Executive was a NPV of £40m and the projected profile of drawdown has been agreed with the Scottish Executive. The final terms of the subsidy agreement have yet to be finalised. The profile submitted with the June 2005 plan was rejected by the Scottish Executive and this has resulted in ACHA utilising private finance more intensively at an early stage in the process. Section 3.11 provides details of this issue.

Status - Amber

3.7 Staff and Supporting People

3.7.1 This figure has increased from £107.136m to £120.421m over the 30 years due to the inclusion of costs related to sheltered housing warden activities in this heading. The staff costs themselves amount to 17% of total costs which is in keeping with previous assumptions.

3.7.2 Supporting People

3.7.2.1 The expenditure devoted to the provision of an expanded sheltered housing services assumes that year on year savings of 10% together with growth in income of 10% for the first 3 years. Income growth is based on sheltered housing wardens providing a service to the wider community. This is an acceptable assumption for ACHA to make given they wish to make changes to the service. However if they are unable to achieve the cost reductions and additional income the additional cost over 30 years is around £7m.

3.7.2.2 The Supporting People costs have increased significantly from the last model and this is due to be met from the increases in income outlined Page 138

ANNEX 3 in 3.4.3 above. This represents an additional financial risk to the business plan if the additional income is not generated and costs cannot be controlled. However, ACHA will be conducting a formal review of this area as described in 3.4.4 above with a view to rationalising the service provided in order to achieve the required savings. Within this and referring back to section 3.4.2. ACHA will be required to consider both income and costs in this area to ensure that the cost service provision and the income generated therefrom move into line over the short term and that this prevails over the longer term

Staff Costs

A number of key assumptions have been made on staff costs.

3.7.2 Staff – Pay Inflation

3.7.2.1 Staff costs are assumed to increase at RPI only. The independent valuation assumed increases at RPI+0.5%. Historically pay inflation has been higher than general inflation measured by RPI. In order to keep cost growth to RPI ACHA may in effect require efficiency savings of 0.5% per annum. If this is not achieved and costs increase at RPI+0.5% the additional cost would be £8.9m over 30 years.

3.7.2.2 ACHA accept that pay awards may well be above RPI but that consistent with other areas of the public sector they will be expected to deliver efficiency savings that should have the effect of reducing the impact of increases to RPI. ACHA propose to monitor pay inflation and report this through its management structure. Action to adjust the allocation of resources as a result of pay awards will be considered as part of each annual budgetary cycle.

3.7.2.3 Whilst the assumption on pay inflation does represent a risk it is one that ACHA should be able to react to and take action to manage the consequences if pay inflation does increase above RPI.

Status - Amber

3.7.3 Staff – Reductions In Staff Numbers

3.7.3.1 Reductions in staff numbers are assumed at the end of years 5 and 10. In each case a 5% reduction staff costs is factored in to the financial model. This is to reflect the reduction in housing stock through RTB sales. At this stage ACHA are assuming these reductions can be achieved through natural wastage. In simple terms this is equivalent to a 1% reduction per annum. If the reductions achieved were only 2.5% Page 139

ANNEX 3 then this would increase costs by £4.5m over 30 years. The assumption of efficiency savings is a requirement based on reducing housing stock.

3.7.3.2 ACHA are assuming natural wastage will contribute an average of 1 vacancy per annum. This would equate to staff turnover of 1%. The current Council staff turnover is 5% and ACHA have also calculated that the ratio of staff to housing units will increase slightly even after these proposed reductions (the rate of house sales exceeds the rate of staffing reductions). In global terms this provides a slight buffer on workload levels. ACHA will monitor and report staff turnover rates as part of its routine performance monitoring. This will include financial implications of filling vacancies and hence allows them to monitor this assumption. Where necessary ACHA will reallocate work across teams to manage the reductions in staff numbers.

3.7.3.3 The level of staff turnover required and the level of vacancies per the last TUPE list held by ACHA would indicate that this assumption is achievable through natural wastage and is acceptable. However there is a risk to the business plan if the full 5% savings are not achieved.

Status - Amber

3.7.4 Staff – Base Assumption On Staff Costs

3.7.4.1 The basic staff cost is £2.705m in the first full year of operation (2007/08). This comes from a detailed costing of staff posts and costs. It should be noted: All of the proposed call centre staff are classified as provisional and their costs are not carried to the financial model. The operation of a call centre is not funded within the terms of the current business plan. There are 4 posts at manager level that are also classified as provisional. Again this means these are not carried to the financial model and are not funded within the current business plan.

3.7.4.2 ACHA have planned on the staff transferring to the Investment and Regeneration Team carrying out the support for the investment plan. However if vacancies arise they will utilise external technical support. Should additional capital works be required to assist in spreading the cost base it is likely that ACHA will have some level of new build programme and this will provide an increased cost base over which to spread the cost of the Investment and Regeneration team. A level of new build of 150 houses per annum is quoted in the narrative to the business plan but is not included in the financial plan. Whilst this is considered to be overstated as it represent 75% of the forecast new housing levels in the local housing strategy there is a significant Page 140

ANNEX 3 requirement for new housing that ACHA will play a part in delivering and this will expand their base for spreading the cost of staff engaged on capital works. Regular monitoring of the capital plan and new build proposals will take place as part of ACHA’s management routines. This will identify any shortfall on recovery of capital fees. ACHA will also consider selling on any surplus capacity in this area to other smaller RSLs.

3.7.4.3 Although the level of new build is disputed the overall response to this item is acceptable in terms of demonstrating an adequate base to meet the charges to capital and that ACHA will put arrangements in place to monitor the risks in this area.

Status - Amber

3.8 Other Revenue Spend

3.8.1 Other revenue spend has now reduced from £11.4m to £2m due to moving the sheltered housing wardens costs into the Staff & Supporting People heading. The remainder equates to only 0.3% of the total spend and is not material to the overall financial position.

3.9 RTB Admin

3.9.1 This is based on the estimated number of RTB sales at a cost of £1,500 per sale. This is based on the experience of ACHA’s advisers and seems reasonable. Being less than 1% of total costs it is not significant in the overall financial position.

Status - Green

3.10 Other Capital

3.10.1 This comprises the set up costs for ACHA and the investment over the first 3 years in IT and the call centre. At less than 1% of total costs it is not considered significant to the overall financial position.

Status - Green

3.11 Interest

3.11.1 The total interest paid estimate of £76.051m equates to 12% of total costs and represents a 22% increase on the previous business plan. Page 141

ANNEX 3 The increase in the total amount of interest paid reflects an assumed increase in the average debt outstanding over the 30 years of the business plan. The average debt is increasing due to more debt being drawn down and less repaid in the first 10 years of the plan than was assumed in the previous iteration. An increased reliance on debt finance rather than Scottish Executive Subsidy early on in the improvements cycle increases the cost of debt as interest accrues over a longer period. This leaves less cash available to meet other cost pressures such as greater than expected works costs (see 3.12 below).

Status - Amber

3.11.2 Interest has been correctly calculated at 7% on projected borrowing. The assumed rate of 7% is acceptable for planning purposes and reflects current market rates for lending to the social housing market. A variation of 0.5% in interest rates would result in a change in interest costs of £4m. Whilst the assumptions on interest costs are acceptable and current rates are likely to be below the planned 7% there is also a risk that interest rates may rise in due course which ACHA will seek to manage through its treasury management policy.

In summary it is probable that ACHA has a buffer of 1% between its assumption for interest rates and that which it is likely to incur via its proposed private finance with Lloyds TSB which gives some degree of comfort.

Status - Amber

3.12 Revenue R&M and Capital R&M

3.12.1 This comprises Revenue (£375.819m) and Capital R&M (£60.609m) and Other capital (£.169m). At a total figure of £436,597 (69%) it is the most significant cost item in the ACHA business plan although it has decreased by 3% on the 2005 figures. These items are based on a number of different assumptions and comments on each are provided in the following paragraphs.

3.12.2 Revenue R&M and Capital R&M - Area Costs Uplifts

3.12.2.1 Allowances have been made for area cost uplifts to reflect higher costs in rural and remote areas. The allowances provided for are as follows: Mid Argyll and Kintyre +10% Oban and Lorn +10% Mull, Coll and Tiree +22.5% Islay, Jura, Gigha, Colonsay and Iona +25% These allowances remain unchanged from the 2005 report, are in line Page 142

ANNEX 3 with the independent valuation and are acceptable.

Status - Green

3.12.3 Revenue R&M and Capital R&M - Building Cost Inflation

3.12.3.1 Allowance has been made for cost growth at RPI+0.5% for years 1-10 and RPI from year 11. The independent valuation allowed RPI+2% initially then RPI+1% for year 3 and 4. From year 5 the independent valuation and business plan are consistent. Building cost inflation is significantly higher than RPI+0.5% currently. Given the expected construction activity locally over the next few years it is unlikely cost inflation will reduce to RPI. Although over the 30 years the assumptions on building cost inflation may equate to RPI the heavy investment in years 1-5 and the current level of building cost inflation suggest building cost inflation represents a real risk to the business plan.

3.12.3.2 This has been an area of disagreement. ACHA and their technical advisors believe partnering and bulk purchasing will assist in managing the impact of building cost inflation. In fact, between the 2005 and 2006 plans there has been a further assumption of downward pressure on cost levels due to expected procurement savings. ACHA are also continuing to adopt the view put forward by the Scottish Executive that building cost inflation in the long run does not rise above RPI.

3.12.3.3 Building cost inflation and its impact will be reported as part of the routine reporting through ACHA’s management structure. If building cost inflation does rise above RPI+0.5% ACHA will consider the action required when a trend becomes apparent. They believe there is some flexibility in the investment programme to reprofile some works whilst still achieving the Scottish Housing Quality Standard by 2015. Paragraph 3.11.2 also shows that there is some financial headroom in interest costs given current levels of interest rates and this would provide cover for additional costs from building cost inflation in the early years. However, the increased interest repayments in the current model will place additional pressure on ACHA’s cash flow should building cost inflation exceed the assumed rates.

3.12.3.4 These assumptions continue to deviate from the valuation but are within the parameters specified by the Scottish Executive. This remains a significant risk for ACHA but the association have described processes by which the risk will be mitigated should assumptions change.

Status - Amber

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ANNEX 3 3.12.4 Revenue R&M and Capital R&M - Fees And Prelims

3.12.4.1 ACHA previously allowed 7.5% for fees and 10% for preliminary works in respect of major repairs and Scottish Housing Quality Standard improvements. The independent valuation assumed 10% for each. The latest iteration of the business plan has increased fee assumptions to 8% with 12% for preliminary works. This brings the figures more in line with the valuation.

3.12.4.2 The level of fees and prelims will be monitored by ACHA and reported as part of the regular reports to the management committee on its capital plan. If additional costs do arise then possible headroom in the interest rate and the ability to reprofile works are options available to accommodate this. This remains a risk to the business plan but the processes appear to be in place for ACHA to manage this.

Status - Amber

3.12.5 Revenue R&M and Capital R&M - Unit Cost Allowances

3.12.5.1 Both the business plan and independent valuation make assumptions about the basic level of expenditure on repairs and investment per unit. A comparison of these is noted below: Tenant compensation payments are estimated at 3% of major repair in the business plan in the financial model this is in line with the independent valuation. Estate works are now provided for at £1,048 per unit in the financial model compared to £1,155 per the independent valuation. A reduction of just over 9%. This compares with a difference of 1% in the previous year’s business plan. The total allowance is based on the opening housing stock of 5,303 with no reduction for RTB sales. SHQS provision is £1,681 per unit per the financial model and remains broadly comparable with the independent valuation figure of £1,662. Again also based on 5,303 units throughout 30 years. Timing is mainly years 1-10 with a gap in years 11-15 and a second round of spend in years 16-30 presumably to reflect replacement. Major repairs amount to £25,257 per unit which is a drop of 4% on the 2005 plan figure and is 15% below the independent valuation figure. Again the opening stock of 5303 units is used throughout the 30 years without reduction for RTB sales. Cyclical repairs are costed at £257 per unit in the financial model compared to £260 per the independent valuation. A reduction of around 1%. Again the costing is based on 5,303 units throughout the 30 years. Responsive repairs are £358 for years 1-5 and £340 for year 6- 30 per unit per annum in the financial model. This compares to Page 144

ANNEX 3 £371 and £353 respectively in the independent valuation. It is a reduction of approximately 3%. Again the costing is based on 5,303 units for the 30 years.

The business plan assumptions based on the content of the financial model vary for most categories of repair, maintenance and investment compared to the independent valuation. In the case of major repairs, which is the largest element, the reduction is 15%. All of the figures show a deterioration in the relationship between the valuation figure and business plan when compared to 2005.

3.12.5.2 The main cost reduction relates to an assumed 20% cost saving on internal works. The additional cost reductions since the 2005 business plan are also assumed to be secured through bulk purchasing and savings in key construction elements. Assumptions on these cost reductions along with the additional interest payments place additional pressure on ACHA’s cash flows.

3.12.5.3 Although DTZ Consulting & Research have indicated that there is still not sufficient transparency on this item they have advised the Council that these assumptions represent a risk that ACHA should be required to manage. Also, the Steering Group of 27 July 2005 agreed that estimates of expenditure were at ACHA’s risk based upon advice the Association had received from its technical advisers, F3.

3.12.5.5 The Council, DTZ Consulting & Research and ACHA and their advisors are arranging further meetings with a view to considering the output of ACHA’s engagement with the contractors ACHA has selected as preferred partners.. Any adverse outcome will be referred back to the Council should it be considered material.. The final analysis will include an audit trail between the stock conditions survey information and the sums provided for investment in ACHA’s business plan

Status - Amber

3.12.6 Revenue R&M and Capital R&M - Overheads

3.12.6.1 The cash flow projections for revenue R&M and capital R&M includes allowance for overheads. After adjusting the ACHA projections for additional costs that are unique to ACHA there were some areas where the business plan allowances look to be light and these were raised with ACHA. These related to IT costs and ACHA have subsequently confirmed that allowance has been made for replacement of IT equipment and in overall terms they have considered are content with the level for provision they have for overhead costs. Their business plan advisors, Tribal HCH, support the view. Tribal HCH have significant experience of business planning and financial support in the social housing market. This is an area where Page 145

ANNEX 3 ACHA have to take responsibility for their assumptions. They have had the opportunity to review this area and have confirmed they are comfortable with the overall level of overhead provision. They have taken appropriate advice on this.

Status - Green

3.14 Financial Model check

3.14.1 As part of the review of the business plan conducted for the June 2005 report a “live” copy of the financial model was obtained from ACHA’s advisors. This has been reviewed to be check that the model is arithmetically and logically correct. Following the work done it is clear that the model performs its intended function and is acceptable from the point of view of arithmetical accuracy and logical order.

The final model audit will be conducted for ACHA by a recognised consultant and the Council will obtain sight of the resultant report to confirm that this matter is finally resolved ahead of transfer.

Status - Green

3.15 Governance

3.15.1 ACHA have confirmed the business plan, including the financial schedules, and the terms of their response were approved by their management committee.

3.16 Compliance With Criteria For Housing Stock Transfer

3.16.1 The criteria for housing stock transfer document identifies a number of requirements upon ACHA. The relevant requirements in terms of a financial evaluation of the business plan are: Achievement of SHQS by 2015 Affordable rents and long term viability 30 Year business plan including cash flow projections and sensitivities Financial assumptions and justification VAT proposals Proposals on RTB sales Private finance arrangements Comparison to independent valuation

The updated business plan continues to adhere to the relevant requirements outlined above. Other than the issues identified in paragraphs 3.1 to 3.15 above the information provided is acceptable.

Page 146

ANNEX 3 3.17 A schedule prepared by DTZ Consulting & Research is attached as Appendix 1. This compares the assumptions in the business plan with those in the independent valuation and DTZ’s comments on the arising differences are contained therein and also covered where relevant in this report.

4 CONCLUSIONS

4.1 A considerable amount of work has been carried out to compare the business plan of 2005 with the most up to date plan of May 2006. Arising from this a number of issues in relation to the business plan have been identified and these have been categorised as red, amber or green.

4.2 Green issues are acceptable and represent areas of no or minor risk.

4.3 There are a number of areas where ACHA have taken a different view on assumptions from those in the independent valuation. These are not necessarily wrong. They are just different representing ACHA’s view of what may happen in the future. There is a risk to ACHA’s financial plans if their assumptions do not hold out and different scenarios arise. ACHA have provided information on their reasoning for adopting different assumptions and have outlined how they will monitor and manage the risks associated with these aspects of the business plan. The Council needs to be aware of these amber issues. They are not so significant for the Council not to approve the business plan.

4.4 The red issues that were in place in 2005 have been addressed. In particular: Completion of the expanded DLO Health Check was conducted in the Autumn of 2005 with a result that the Scottish Executive agreed to underwrite the additional costs that ACHA believed were associated with operating the DLO activities. The results of this review were considered by the Steering Group on 11 August 2005 with agreement to proceed. ACHA and their advisors were due to demonstrate the adequacy of the sums provided in ACHA’s business plan for catch up repairs, contingent major repairs and major repairs/improvements and ensure that an audit trail exists between the stock conditions survey information and the sums provided for investment in ACHA’s business plan. This work, performed by ACHA’s advisers, F3, was presented to the Steering Group on 27 July 2005. Since that point, the unit costs of repairs and maintenance have undergone further reduction with ACHA taking the view that additional efficiencies are available. Whilst DTZ Consulting & Research and the Council are of the view that there is still a risk inherent in the business plan the ACHA assumptions are supported by their advisers Page 147

ANNEX 3 and it is a risk that ACHA will need to manage themselves.

4.5 Both of the issues described in 4.4 are now considered to be amber in the traffic light system enabling ACHA to proceed but to ensure that these issues are monitored and appropriate action taken if assumptions prove to be incorrect.

For further information please contact Bruce West, Head of Strategic Finance on 01546- 604151.

Bruce West, Head of Strategic Finance 3 August 2006 Page 148

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Comparison of Independent Valuation and Business Plan Assumptions

INDEPENDENT INDEPENDENT ACHA BUSINESS PLAN ACHA BUSINESS PLAN ASSUMPTIONS VALUATION VALAUTION (FEBRUARY 2005) (JULY 2006) (MARCH 2004) (FEBRUARY 2006) Base Date 1 April 2004 1 July 2006 1 April 2004 30 May 2006 Total Stock = 5,564 (as at 10 Feb 2006) Less Pre Transfer Demolitions – Spence Court (58) 5,303 as projected at 1st October Total Housing Stock 6,058 (as at Oct 2003) 5,572 (as at December 2004) Adjusted Total = 5,506 2006

Projected Stock (1 July 2006) = Page 149 5,446 5,160 Opening Stock as at 1st Core Housing Stock 5,862 5,303 5,364 October 2006 Less Demolitions - 143 139 –Park Square/Parliament Place/Broad Street Demolition Stock 196 4 – Croft Avenue 208 143

Total = 143 Yr 1 – 62 Yr 1 – 70 Yr 1 – 50 Yr 1 – 50 Timing of Demolition Yr 2 – 67 Yr 2 – 4 Yr 2 – 93 Yr 2 - 93 Yr 3 – 67 Yr 3 – 134 (£47.343 + 3.5%) = £49.00 (core stock) Housing – Average Weekly (£49.201 + 3.5%) = £50.92 £45.91 (core stock) £45.82 (core stock) £49.00 (core stock) Rent – Yr 1 (based on 50 (demolition stock) £47.34 (demolition stock) £47.29 (demolition stock) £50.92 (demolition stock) weeks) (Based on stock list as at 10 Feb 2006) Housing Rental Growth RPI + 1% RPI + 1% RPI + 1% RPI + 1% Core Stock = 2.18% (Yrs 1-30) Core Stock = 2.18% (Yrs 1-30) Yr 1 – 5.34% Core Stock = 2.68% (Yrs 1-30) Demolition Stock = Underlying Demolition Stock = Underlying Yr 2 – 4.40% Demolition Stock = Underlying Housing – Voids & Bad Debts voids rate of 70%, increasing to voids rate of 80%,1 increasing to Yr 3 – 4.41% voids rate of 83.80%, increasing 90% in year of demolition + 90% in year of demolition + Yrs 4-30 – 2.18% to 90.20% Bad Debts (2% of net rent) Bad Debts (2% of net rent)

INDEPENDENT INDEPENDENT ACHA BUSINESS PLAN ACHA BUSINESS PLAN ASSUMPTIONS VALUATION VALAUTION (FEBRUARY 2005) (JULY 2006) (MARCH 2004) (FEBRUARY 2006) Garages – 476* Garage Sites – 128 Garages – 470 Garages/Sites – 488 Garages/Sites – 487 Garages/Sites – Stock Numbers Garage Sites – 135 Lock Ups – 128 Lock Ups - 128 Includes 186 long term voids (39%) Garages/Sites – Voids & Bad Garages – 25% Garages/Sites – 37.3% Garages/Sites – 37.3% Garages/Sites – 40% Debts Sites – 10% Lock Ups – 5.2% Lock Ups – 6.67% Garages - £52,374 Garages/Sites - £45,377 Garages - £45,400 Garages/Sites – Net Annual

Sites - £4,308 Garages/Sites - £44,800 Lock Ups - £4,272 Lock Ups - £4,300 Page 150 Rent (Yr 1) Total - £56,682 Total - £49,649 Total - £49,700 Garages/Sites – Rental Growth RPI Only RPI + 1% RPI + 1% RPI + 1% Service Charges - £22,000 Service Charges - £22,000 Owner Occupier Recharge Service Charge Recoveries - Recoveries - £50,000 Other Income - None £50,000 Supporting People Grant - SLA Income - £200,000 £254,000 Travelling People - £140,000 Travelling People - £140,000 Core Stock = Core Stock = £605.0 per unit (Yr 1) £570 per unit (Yr 1) £797 per unit (Yrs 1-3) £544.5 per unit (Yrs 6-30) £513 per unit (Yrs 6-30) £739 per unit (Yrs 1-2) £785 (Yr 4) (10% cost saving Supervision & Management (10% cost saving phased in Yrs £727 per unit (Yrs 3-4) £746 (Yrs 5-9) phased in Yrs 2-6) (exclusive of cost uplift) 2-6) £690 per unit (Yrs 5-9) £710 (yrs 10-30)

£655 per unit (Yrs 10-30) Demolition Stock = £710.8 per Demolition Stock = £670 per unit unit

S & M – Cost Uplift RPI + 0.5% (Yrs 2-30) RPI + 0.5% (Yrs 2-30) RPI Only (Yrs 2-30) RPI Only (Yrs 2-30)

2 INDEPENDENT INDEPENDENT ACHA BUSINESS PLAN ACHA BUSINESS PLAN ASSUMPTIONS VALUATION VALAUTION (FEBRUARY 2005) (JULY 2006) (MARCH 2004) (FEBRUARY 2006)

Yr 1: Sheltered Housing Cost Supporting People Grant confirmed • Sheltered Housing Costs (Yr (506,427)/ Supporting People Grant at £274,281 pa (Yrs 1-2 only) 1) - £470,000 – included in S & M costs? Sheltered Housing (£274,000) – net cost =£232,427 Sheltered Housing Cost (Yr 1) - • Supporting People Grant (Yr Costs/Income Assumes Service Charges gradually £564,117 1) - £254,000 phased in during Yrs 2-10, so that Assumes introduction of Service Transitional Funding (Yrs 1-5) - by Yr 11, Income = Cost Charge Income phased in from Yr £175,000 1, so that by Yr 10, Income = Cost £358 per unit (Yrs 1-5) Core Stock = £350.0 per unit (Yrs 1-5) Core/Demolition Stock = £340 per unit (Yrs 6-30) Responsive/Voids Maintenance £332.5 per unit (Yrs 6-30) £371.3 per unit (Yrs 1-5) £346 per unit (Yrs 1-5) (exclusive of VAT and cost uplift £352.7 per unit (Yrs 6-30) £329 per unit (Yrs 6-30) Figures based on total stock Demolition Stock = without taking demolitions into Page 151 £400 per unit (Yrs 1-3) account. • £242 per unit (Yrs 1-30) Cyclical Maintenance Core Stock = Core/Demolition Stock = £257 per unit (Yrs 1-30) (exclusive of VAT and cost uplift) £245.0 per unit (Yrs 1-30) £259.9 per unit (Yrs 1-30)

Responsive/Cyclical Maintenance – 17.5% (Yrs 1-2) 17.5% (Yrs 1-2) 12.0% (Yrs 1-30) 12.0% (Yrs 1-30) VAT 10.0% (Yrs 3-30) 10.0% (Yrs 3-30) Responsive/Cyclical Maintenance – RPI + 0.5% (Yrs 2-10) RPI + 0.5% (Yrs 2-9) RPI + 0.5% (Yrs 2-10) RPI + 0.5% (Yrs 2-10) Cost Uplift RPI + 0.25% (Yrs 11-30) RPI + 0.25% (Yrs 10-30) RPI + 0.25% (Yrs 11-30) RPI Only (Yrs 11-30) 5,363 5,303 Total Stock for SCS Purposes 5,862 (Stock as at Feb 2006 less all 5,572 (Stock as projected at October demolitions) 2006) £2,276,364 (£424 per unit) £303,708 (£59.00 per unit) Catch Up Repairs (Yrs 1-5) £2,242,603 (£383 per unit) Pro rata adjustment to March 2004 Nil (exclusive of add-ons) costs – includes 10.95% cost uplift Yrs (1-5 Only) to April 2006

3 INDEPENDENT INDEPENDENT ACHA BUSINESS PLAN ACHA BUSINESS PLAN ASSUMPTIONS VALUATION VALAUTION (FEBRUARY 2005) (JULY 2006) (MARCH 2004) (FEBRUARY 2006) £158,862,614 (£29,622 per unit) Major Repairs (Yrs 1-30) £155,178,178 (£26,472 per unit) Yrs 1-9 costs smoothed £146,900,633 (£26,364 per unit) £130,326,816 (£25,257 per unit) (exclusive of add-ons) (Re-worked/updated costs prepared by JMP) Tenant Capital Works £4,655,345 (£794 per unit) – 3% of £4,765,878 (£889 per unit) – 3% of £4,407,019 (£791 per unit) £3,795,927 (£708 per unit) Compensation Major Repairs Major Repairs £13,966,621 (£2,604 per unit) Contingent Major Repairs (Yrs 1- £13,759,481 (£2,347 per unit) Yrs 1-9 costs smoothed £12,684,253 (£2,261 per unit) £11,799,953 (£2,287 per unit) 30) Pro rata adjustment to March 2004 costs – includes 10.95% cost uplift

to April 2006 Page 152

£8,910,710 (£1,662 per unit) £8,674,530 (£1,681 per unit) SHQS Improvements (Yrs 1-30) £8,778,555 (£1,498 per unit) Pro rata adjustment to March 2004 £8,258,810 (£1,482 per unit) (exclusive of add-ons) costs – includes 10.95% cost uplift to April 2006

£6,193,926 (£1,155 per unit) Estate Works (Yrs 1-30) £5,582,626 (£952 per unit) Includes 10.95% cost uplift to April £5,237,151 (£940 per unit) £5,410,066 (£1,048 per unit) (exclusive of add-ons) 2006

Prelims @7.5% Catch Up Repairs/Major Repairs/ Prelims @10.0% Prelims @10.0% Prelims @ 12% Fees @7.5% SHQS Improvements – Add-ons Fees @10.0% Fees @10.0% [email protected]% Fees @ 8% VAT @17.5% VAT @17.5% VAT @ 17.5%

RPI + 2% (Yr 2) Catch Up Repairs/Major Repairs/ RPI + 1% (Yrs 2-4) RPI + 1% (Yrs 3-4) RPI + 0.5% (Yrs 1-10) RPI + 0.5% (Yrs 1-10) SHQS Improvements/Estate Works RPI + 0.5% (Yrs 5-9) RPI + 0.5% (Yrs 5-10) RPI only (Yrs 11-30) RPI only (Yrs 11-30) – Cost Uplift RPI only (Yrs 10-30) RPI only (Yrs 11-30)

4 Page 153

ANNEX 4

GENERAL FUND IMPACT FROM HOUSING STOCK TRANSFER TO FOLLOW Page 154

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ANNEX 5

THE COUNCIL’S HOUSING STRATEGIC & ENABLING ROLE POST STOCK TRANSFER

5.0 STRATEGIC & ENABLING ROLE

5.1 The Housing (Scotland) Act 2001 sets out the strategic and enabling role to be undertaken by local authorities in relation to housing. As Members will perhaps be aware, this has already manifested itself in the Local Housing Strategy process.

5.2 Argyll & Bute Council has received considerable praise from Communities Scotland following their evaluation of the Council’s initial Local Housing Strategy and steps have now been taken to monitor and evaluate the delivery of this through the Strategic Housing Forum that has been established for Argyll & Bute. This is a partnership led by the Council which includes Communities Scotland and local RSLs.

5.3 The obligation to facilitate, deliver and manage this process remains with the Council post stock transfer. In this regard, Members should recall that Communities Scotland have recently conducted a consultation exercise over the proposed arrangements for the development of a Strategic Housing Investment Framework for Scotland. While the results of this are still awaited, it is envisaged that local authorities, through their Local Housing Strategies, will have the major role to play in setting out investment plans for the area.

5.4 Post stock transfer, it will also be necessary to make appropriate arrangements to monitor the transfer contract and the obligations required of the Argyll Community Housing Association by the Council. This will require the Council to ensure that appropriately experienced and suitably qualified staff are available to undertake these duties on an ongoing basis.

Malcolm MacFadyen Head of Planning and Performance

31 July 2006

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This page is intentionally left blank Page 157 Agenda Item 6

ARGYLL AND BUTE COUNCIL COUNCIL

Report of the Chief Executive 16 August 2006

Corporate plan: Review of 2003-2007 plan

1. SUMMARY The corporate plan agreed in 2003 has been reviewed following the report on the Audit of Best Value and in light of the actions in the Best Value Improvement and Development Plan to develop a new corporate plan.

2. RECOMMENDATIONS That Members note: • the categorisation of actions in the 2003 corporate plan • that approx 30% of the actions from the 2003 corporate plan have been carried forward into discussions about the content of the new corporate plan

3. BACKGROUND The Audit Scotland report following the Best Value Audit made comment on the current corporate plan with respect to: • priorities that are not clearly defined • the lack of explicit links between goals and actions • themes and actions that are not well enough defined to enable a clear judgement of whether a goal has been achieved or not The Council agreed its response to the Audit Report at the Council meeting of 4 May 2006 with the approval of the Best Value Improvement and Development Plan. The Improvement Plan includes actions (in section B) to: • transform the Corporate Plan • develop a smaller number of objectives and specific actions • engage members and others in the debate about the development of the new Corporate Plan An important part of this process included a review of the current Corporate Plan agreed in 2003. This took place at a seminar for all Members and the Strategic Management Team on 18 May 2006. This review focused on categorisation of actions in the Corporate Plan, excluding Area Committee priorities (which were discussed separately by each Area Committee at a committee business day). The actions were grouped under the following headings:

1 Page 158

• Complete • Strategic – Argyll and Bute wide • Strategic – Service • Strategic – Area • Remove from corporate plan (either because the action is no longer applicable or is more appropriate when included in other plans or strategies) The subdivision of the “Strategic” categories reflects the structure agreed for the new Corporate Plan. The seminar also considered issues and priorities that have arisen since the current Plan was agreed that need to be incorporated into the new Corporate Plan. The new Corporate Plan is included separately on the agenda for this meeting.

4. COMMENTARY The reviewed actions were categorised as follows:

Category No. Comment Complete 25 Strategic – Argyll and Bute wide 4 These items were carried forward into discussions about the content of the new Strategic – Service 3 corporate plan. The area objectives were Strategic – Area 16 reviewed by each area committee as they updated and clarified area priorities for the new corporate plan. Remove 35 Many of the actions in the plan are very specific and can be accommodated in other plans or strategies. For example, many relate to transport infrastructure and can be incorporated into the Transport Strategy or capital programme. Approx 30% of the actions in the original plan are complete and approx 40% are better suited to other plans or strategies. Actions that are still relevant at a strategic level (approx 30% of the total) have not necessarily been carried forward directly into the new corporate plan. Each has been reviewed as part of the process of compiling the plan because three years have elapsed since they were originally proposed.

5. CONCLUSIONS A large number of the actions in the corporate plan agreed in 2003 have been completed. A significant proportion of the actions have been labelled as more

2 Page 159

suitable for specific strategies or plans and this learning point has been carried forward into work on the development of a new, more focused, corporate plan.

6. IMPLICATIONS Policy: The review has reinforced the need for a more focused corporate plan with actions detailed at the most appropriate level. The implications of this are that the new corporate plan should have fewer actions, with detail or more local actions being dealt with via area plans or specific strategies. Financial: None. Personnel: None. Equal Opportunities: None.

JAMES McLELLAN

Chief Executive 29 June 2006

For Further Information Contact: Brian Barker, 01546 604436, [email protected]

3 Argyll and Bute – Leading Rural Area Area Priorities

APPENDIX – Corporate Plan Action Plan with categorisation of actions at May 2006

Bute and Cowal REF. WHAT – Specific Objectives HOW Assignment Do it In Partnership - with council ourselves contribution 1.1.1 Dunoon Pier – as distinct from the breakwater/ linkspan Strategic – ✔ ✔ area 1.1.2 Rothesay Link Span Strategic – ✔ ✔ area

1.1.3 Queen’s Hall, Dunoon Strategic – Page 160 ✔ ✔ area 1.1.4 Rothesay Pavilion Strategic – ✔ ✔ area 1.1.5 Infrastructure improvements as per the capital plan in Dunoon, Rothesay Strategic – and the rural villages ✔ ✔ area

Page 4 Argyll and Bute – Leading Rural Area Area Priorities

Helensburgh and Lomond REF WHAT – Specific Objectives HOW Assignment Do it ourselves In Partnership - with council contribution 1.2.1 Development and implementation of the Helensburgh Town Centre SED, Private Sector, European Strategic – Action Plan (Town Centre including pier, sea front and Kidston Park). Funds area 1.2.2 Upgrading and improvements to the “A” and “B” roads network and Make provision in Strategic – associated footpaths and lighting (A814, B833 and B831/ 2). roads programme area 1.2.3 The replacement and enhancement of community facilities (including SED, NPDO, Private sector Strategic – a replacement swimming pool, leisure and sports facilities and European Funds area enhancing Victoria Halls). 1.2.4 Deleted Page 161 1.2.5 Regeneration and environmental improvements throughout SED, Private Sector, Helensburgh and the rural villages. Communities Scotland, Scottish Strategic – Executive area European Funds

Page 5 Argyll and Bute – Leading Rural Area Area Priorities

Mid Argyll, Kintyre and Islay REF. WHAT – Specific Objectives HOW Assignment Enable Do it In Partnership - with Don’t do it ourselves – ourselves council contribution influence others 1.3.1 Ireland Ferry Strategic – ✔ ✔ area 1.3.2 ‘Aqualibrium’ – formerly known as

Campbeltown community project ✔ Complete

1.3.3 Bruichladdich pier ✔ ✔ Complete Page 162 1.3.4 Jura/ Islay Ferry replacement ✔ ✔ Strategic – area

1.3.5 Campbeltown promenade* ✔ Strategic – area

Page 6 Argyll and Bute – Leading Rural Area Area Priorities

Oban, Lorn and the Isles REF. WHAT – Specific Objectives HOW Assignment In Partnership - with council contribution 1.4.1 Oban Airport, North Connel HIE, Europe Complete

1.4.2 A848 Salen – Tobermory Road, Isle of Mull Europe, Scottish Executive Strategic – area

1.4.3 Development Road, Oban Private Sector, Scottish Executive Strategic – area

1.4.4 Oban Harbour Cal Mac Page 163 Strategic – Northern Lighthouse Board area Private Sector 1.4.5 Infrastructure improvements in Oban, Lorn and the Isles to alleviate development Strategic – constraints. area

Page 7 Argyll and Bute – Leading Rural Area Environment

Economy

Economy – Physical Access WHAT – Specific Objectives HOW Assignment Enable Do it ourselves In Partnership - Don’t do it ourselves – with council influence others contribution 2.1.1 A82 Trunk Road – Upgrade north With Highland Scottish Executive – to of Tarbet Council, Stirling complete study and Complete Council and programme to start 2006 HITRANS 2.1.2 Deleted Page 164 2.1.3 Campaign to keep trunk roads up Scottish Executive – to to standard – particularly A83 – increase improvement/ Remove maintenance programme 2.1.4 Campaign for the trunking of the Scottish Executive whole Oban to Campbeltown Remove road 2.1.5 Argyll and Bute main access Develop a programme to roads (other than trunk roads) increase investment in Remove roads programme including signage 2.1.6 Piers – concentrate on Conclude Strategic Review operational piers/ harbours of harbour, jetties, piers Complete and ferry operations by end of 2004. 2.1.7 Ardyne/ Rothesay/ Dunoon Link Commission study to look at cross Clyde/ Ardyne/ Remove Rothesay link

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WHAT – Specific Objectives HOW Assignment Enable Do it ourselves In Partnership - Don’t do it ourselves – with council influence others contribution 2.1.8 Oban/ Coll/ Colonsay Air Take Services Council decision in 2003/ 4 on Complete Council involvement . 2.1.9 Development of Machrihanish HIAL, Scottish Executive, Remove Airport Europe

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Economy – Transportation WHAT – Specific HOW Assignment Objectives Do it ourselves In Partnership - with council contribution Don’t do it ourselves – influence others Comprehensive Review (with Transport 2.2.1 Timetabling Operators) to co-ordinate timetabling integration to ensure sensible transport links across all types including rail; examine school Remove start/ finish times; include tourism dimension in review 2.2.2 Sea Links – Review wider possibilities for sea links (not Kintyre/ Northern restricted to Campbeltown-Ballycastle Ferry) Remove Page 166 Ireland/ Ayrshire

2.2.3 Council Owned Commission internal review Transport of contribution Council (Minibuses) owned transport might make Remove to improved local transport links. 2.2.4 Council Operated Commission comprehensive Explore options for others to operate Council Ferry Services review of fares and operated ferry services by 2009 Remove operational management arrangements. 2.2.5 Improve island Cal Mac, Scottish Executive Remove ferry services 2.2.6 Cheaper Air Scottish Executive Fares to (principally), HIAL plus airport Highland/ Islands and airline operators to look Complete destinations at airfield and carrier charges and service requirements

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WHAT – Specific HOW Assignment Objectives Do it ourselves In Partnership - with council contribution Don’t do it ourselves – influence others 2.2.7 Oban/ Glasgow With Scotrail (and for example timber rail link processors) to maximise freight use of Oban line. Passenger service improvements – Remove frequency, timetabling, commuter services, rolling stock quality. Also involve Highland Rail Partnership.

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Economy – Infrastructure WHAT – Specific HOW Assignment Objectives Enable Do it ourselves In Partnership - with council Don’t do it contribution ourselves – influence others 2.3.1 Proceed with and Complete within complete NPDO existing timetable Complete process 2.3.2 Education Maintain and increase Standards educational standards with particular Remove

reference to ICT and Page 168 practical skills 2.3.3 Further education Scottish Executive/ and skills training. formal further education providers Complete – to provide more practical skills training

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WHAT – Specific HOW Assignment Objectives Enable Do it ourselves In Partnership - with council Don’t do it contribution ourselves – influence others 2.3.4 Develop This will go forward programme to under the umbrella of promote the role of the ‘Building our Schools as part of future’ schools estate the community and strategy and will to review/ develop include: school provision. Review/ develop use of buildings as Strategic – community assets service Conduct further Page 169 review of school provision commencing in 2003/ 4 including examining “cluster” provision for primary schools. 2.3.5 Deliver national Review provision offered by priorities for community learning and Community Based development and FE providers to Complete Adult Learning ensure quality provision and Best Value

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WHAT – Specific HOW Assignment Objectives Enable Do it ourselves In Partnership - with council Don’t do it contribution ourselves – influence others 2.3.6 Ensure provision of Through planning Examine Planning/ With public and private sector Scottish Executive/ housing choice process e.g. Local Plan/ Green providers to ensure range of Communities Through Section 75 Belt Policies; look at housing choice, including looking at Scotland Agreements; more utilising Council design allocation of housing owned land land in Local Plan (particularly for Complete affordable housing). Explore the potential

for ‘Pressurised Area Page 170 Status’. 2.3.7 Complete Housing Progress within Stock Transfer existing timetable. Complete

2.3.8 Review of health Initiate debate with Health Board about care services in health care services, seeking to Argyll and Bute maintain and increase particularly primary care services locally to users, Strategic – including looking at use of ICT for Argyll and consulting; co-operation/ referral Bute wide between Council and Health Service; and maintaining clinical hospital treatment in Argyll and Bute.

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Economy – Inward Investment WHAT – Specific Objective HOW Assignment In Partnership - with council contribution Don’t do it ourselves – influence others

2.4.1 Relocation of public Scottish Executive – to relocate at least one Complete sector jobs to Argyll and central agency to Argyll and Bute Bute Continue to develop links to encourage further relocation of central agencies from Scottish Remove Executive and UK government. 2.4.2 Develop broadband Complete Broadband Pathfinder – both the provision in Argyll and Scottish Executive’s Aggregated Procurement Complete Bute scheme and HIE’s scheme Page 171

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Economy – Business Growth – Indigenous Growth WHAT – Specific Objectives HOW Assignment Enable Do it ourselves In Partnership - with council contribution 2.5.1 Seek local business growth/ local Set ground rules/ With AIE/ SED, to seek/ encourage employment increase on back of expectations in negotiations substantial increase in local jobs Remove NPDO and HST with successful bidder/ new social landlord 2.5.2 Agriculture/ aquaculture/ forestry/ Local Plan with policy Work with AIE/ SED and fishing industries – more provision to enable local Agriculture Forum to identify Remove processing on site/ in Argyll and development opportunities and economic support

|Bute to increase added value for more on site processing Page 172 2.5.3 Run Council “jobs fair” in schools – Run jobs fair in 2004 Perhaps seek wider involvement of offering the attractions of working as part of the other public sector partners Complete in Argyll & Bute Council ‘Enterprise and Education’ initiative 2.5.4 Seek expansion of apprentice/ With AIE/ SED, FE sector and local training schemes in the building businesses and public sector to Complete industry. identify under provision and opportunities for support 2.5.5 Identify growth areas/ sectors With AIE/ SED/ local businesses, to identify opportunities for Complete development and associated requirements for achievement

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Economy – Tourism WHAT – HOW Assignment Specific Do it ourselves In Partnership - with council Don’t do it ourselves – influence Objectives contribution others 2.6.1 “Quality Corporate Strategy to develop Agree with Visit Scotland what the tourism With private, public and voluntary Argyll” Council input to this theme – marketing plan is for Argyll and Bute, sectors in terms of increasing the clean beaches, roadsides, seeking what we want and agreeing what range and quality of visitor countryside, wider range of we are prepared to pay; discuss with Visit attractions and events, quality hotel Remove indoor facilities, use of school Scotland development training for Tourist and restaurant facilities; themed residential facilities for Information Centre staff particularly in multi season events e.g. golf residential tourism terms of local geographic and historical holidays, outdoor theme activities knowledge etc 2.6.2 Transport Ensure Council contribution to With other transport providers, particularly With Government to encourage fuel physical access e.g. road rail/ ferry operators and Tourist Board to pricing that does not disadvantage Strategic – Page 173 access; transportation planning ensure coordinated quality transport the development of tourism in Argyll and focuses on tourism/ visitor facilities that recognise visitor requirement remote rural/ island areas Bute wide requirement

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Social

Security – Community Safety WHAT – Specific Objectives HOW Assignment Do it ourselves In Partnership - with council contribution 3.1.1 CCTV – support Council support through CCTV partner group, with existing schemes Police, to stabilise/ sustain current schemes, Remove encouraging local businesses to contribute and seeking other sources of income 3.1.2 Reduce crime Work with police and others to identify and tackle levels in areas of areas of serious/ rising crime. Remove concern Page 174 3.1.3 Allaying fear of Community safety partnership to work with Police crime among and Council Departments (particularly Community elderly and young Services) to examine more ways of providing relevant Remove people information about crime in Argyll and Bute and advice about crime prevention 3.1.4 Sustain low crime Through Community Safety partnership, working with rate Police, and with local housing developers to develop Remove further good housing estate design 3.1.5 Community Wardens to be in place and active in local Complete Wardens communities by 2004. Community Compacts being established in Kirkmichael and Craigendoran, Dunoon and Complete Funded by Building Strong Safe Attractive Helensburgh Town Centre, in association with Area Communities (BSSAC) from Scottish Executive. Development Group. 3.1.6 Road safety – Operational Services to undertake speed reducing comprehensive review during 2004 to identify

measures opportunities for and increase the pace of Remove introduction of local speed limits/ LED warning signs/ traffic calming measures

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WHAT – Specific Objectives HOW Assignment Do it ourselves In Partnership - with council contribution 3.1.7 Pan Argyll and Community Planning Partnership to be asked to Bute community examine what/ how each partner can specifically identity and civic contribute to structured concerted effort. Remove pride Specific use to be made of the ‘Dialogue Youth’ initiative in this task.

Security – In old age WHAT – Specific Objectives HOW Assignment In Partnership - with council contribution

3.2.1 Confidence for older people With Health, to look at further measures to ensure safety net provisions for older people and support Page 175 they will be looked after for carers in cooperation amongst Health and Social Work and voluntary sector; local access Remove provision for health and social care

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Welfare WHAT – Specific HOW Assignment Objectives Do it ourselves In Partnership - with council Don’t do it ourselves – contribution influence others 3.3.1 Support for Council’s Corporate Strategy to families and include provision for development of individuals this theme looking at children/ adult/ family services across the range of Remove Council Services (particularly in Community Services), including increased support for carers of all ages

3.3.2 Community Corporate Strategy to include provision Page 176 wellbeing for development of this theme across all Services to seek involvement of appropriate services in terms of Remove community safety and community opportunity in ways which recognise and support voluntary effort 3.3.3 Economic Corporate Strategy to develop theme With relevant Community Planning With housing developers Diversification of community provision and services Partnership partners to create greater seeking to provide designed to retain/ attract young opportunities to, increase the range of housing choice (including professionals in our communities employment opportunities, a mix of affordable housing to help Remove diverse jobs, social, cultural and retain indigenous/ attract commercial services attractive to incoming young people). different age and employment classes

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WHAT – Specific HOW Assignment Objectives Do it ourselves In Partnership - with council Don’t do it ourselves – contribution influence others 3.3.4 Develop Care Develop partnership with Health through Services for Joint Futures and Scotland’s Children, children and and in other ways. Develop Argyll and elderly persons Bute as a centre of excellence for Strategic – children’s services at leading edge, leading the way also on Joint Futures. service Address with care sector providers the issue of insufficient capacity for elderly residential care to “close the care gap” 3.3.5 Influence the Corporate strategy to provide policy Work with developers/ future shape of requirement to address the adequacy providers to ensure social housing of supply of amenity housing/ affordable housing sheltered housing to reduce provision; including Strategic – Page 177 dependence on residential care; need looking at making Council Argyll and to influence the future shape of social owned land available on Bute wide housing through and following housing basis that developers stock transfer. Ensure Local Plan make affordable housing recognises need for more housing land provision

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Opportunity WHAT HOW Assignment Specific Objectives Do it ourselves In Partnership - with council Don’t do it ourselves – contribution influence others 3.4.1 Social Look at communities not in SIPS programme – are Manage SIPS transition from Work with Scottish Inclusion- they subject of social exclusion direct funding into Community Executive to ensure full Exclusion Planning Partnership while understanding of issues Complete minimising adverse impact on of deprivation/ exclusion existing projects. in Argyll and Bute. 3.4.2 Reduce Improve our own financial settlement by continued With Community Planning Influence other sectors in income gap influence on Scottish Executive to ensure Council Partnership to ensure terms of quality and best placed to contribute to reducing income gap maximum impact of all partner professional employment Remove Page 178 impact through its own services policies provision/ opportunity Develop further benefits uptake strategies 3.4.3 Achieving Ensure quality education provision and standards Develop work of Community individual to achieve potential Learning and Development Remove potential Partnership. 3.4.4 Supporting Ensure as core theme in Corporate Strategy Ensure as core theme in Voluntary Community Planning Services to identify core voluntary sector groups Effort Partnership that Council should work with – create partnership Complete and service level agreements Consider use of redundant Council IT equipment to support voluntary sector groups 3.4.5 Develop Recognise and build on success of Young Scot services for project Young People Remove Continue to support Education 6th Form Forum and look to build wider Youth Parliament/ Forum

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Culture

Quality Argyll WHAT – Specific Objectives HOW Assignment Do it ourselves In Partnership - with council contribution 4.1.1 Capitalise on and develop local heritage Develop access to/ information about heritage sites with Visit Scotland/ SNH/ Historic Scotland and others e.g. local cultural Remove organisations developing ways of promoting heritage on a worldwide basis. 4.1.2 Deleted 4.1.3 Support culture for all recognising not Seek through our educational policies Seek through our arts and culture strategies to only indigenous culture but celebrating and provision that indigenous history ensure opportunity for access by local people Page 179 diverse literary, visual and performing and culture features in the curriculum to diverse cultural opportunities, and access arts as valuable for the cultural along with other vibrant cultural by them and visitors to those opportunities Remove development of Argyll and Bute opportunities for learning that celebrate indigenous culture

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Events and venues WHAT – Specific Objectives HOW Assignment Do it ourselves 4.2.1 Supporting Sport and Prepare a Sport and Physical Activity Strategy to support leisure development within the area. – Leisure Development. Complete

– 4.2.2 Access and travel Seek to ensure that culture and leisure strategy includes provision (through Community Planning study costs of community transport needs) of community transport/ pools (inc Council vehicles), making transport to Remove events and venues affordable particularly from isolated communities, and coordinating transport timetables to support access to events and venues

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Health - Improvement WHAT – Specific HOW Assignment Objectives Do it ourselves In Partnership - with council contribution Don’t do it ourselves – influence others 5.1.1 Emphasis on Develop as part of Education and Working with other voluntary and private Ask NHS to run Health Education Leisure Strategies seeking to sector partners seeking to ensure access to annual workplace “MOT” and promotion promote – physical exercise facilities is available to health checks for communities throughout Argyll & Bute - exercise in pre-school as well as employees school provision Using the Community Planning partnership and its member organisations to get the - broad access to core path Complete healthy living message across network and cycleways Seeking to develop SHAW award concept - indoor facilities serving local with other employers (private/ public Page 181 communities (along with other voluntary sector) including discounted private/ voluntary sector providers) access to leisure/ sports facilities for registered schemes 5.1.2 Promote Healthy Promote healthy eating in schools Work with local Eating and residential establishments producers to develop and promote “Quality Argyll” Remove Promote healthy eating as part of in good healthy food curriculum 5.1.3 Promoting Maintain and publicise Council Safety Home Safety Services; Road Remove Safety measures and driver education (roads and police)

Health - Services WHAT – Specific Objectives HOW Assignment In Partnership - with council Don’t do it ourselves – influence others contribution

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WHAT – Specific Objectives HOW Assignment In Partnership - with council Don’t do it ourselves – influence others contribution 5.2.1 Promote the retention Examine national health planning strategy against the needs of and improvement of Argyll and Bute and influence Scottish Executive and Health local acute and primary Board on access to services (acute) for patients and relatives care services promoting an agenda that sees services built round the needs of Remove people and not health professionals, including examining whether health specialists can work “in and from” Argyll to secure local acute services 5.2.2 Ensure Health Services Develop further joint strategies, “not in isolation” planning jointly with Health Board-

-on Joint Futures for Adult Page 182 Services, -in planning services for children Strategic – service -surveying local people jointly between Council and Health to assist planning of local services, e.g. community health services/ day facilities etc

Environment - Physical environment WHAT – Specific HOW Assignment Objectives Do it ourselves In Partnership - with Don’t do it ourselves – council contribution influence others

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WHAT – Specific HOW Assignment Objectives Do it ourselves In Partnership - with Don’t do it ourselves – council contribution influence others 6.1.1 Promote “Quality Ensure Council contribution through- Work with other agencies With all sector agencies to Argyll” (e.g. SNH, SEPA, Scottish promote the wider aspects - clean litter free roads and verges/ attractive environment Water) to promote “Quality of civic pride in “Quality public areas including tackling dog fouling Argyll” environment Argyll” - tackle the growth of undesirable vegetation on With Scottish Executive, roadsides (e.g. Japanese Knotweed, ragwort). Forestry Commission and - quality amenity services for residents and private landowners to business reduce scrub/ open up views over lochs and Strategic – Argyll - civic pride as part of young people’s and Bute wide educational development scenic viewpoints

- commitment to recycling (including getting Page 183 Argyll % Bute back up the PI ladder on recycling) - making sure through the planning process Argyll & Bute can capitalise on “planning gain” - clean and maintain road signs 6.1.2 Promote With Community Planning Biodiversity partners and others (including Tourist Board) Complete promoting the range of Argyll & Bute biodiversity assets

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This page is intentionally left blank Page 185 Agenda Item 7a

ARGYLL AND BUTE COUNCIL COUNCIL

Report of the Chief Executive 16 August 2006

Corporate plan 2006-2008

1. SUMMARY The Council committed to develop a new corporate plan in response to the Audit of Best Value. This report summarises the steps taken to develop the new plan and presents the new Corporate Plan 2006-2008 for approval by the Council.

2. RECOMMENDATIONS That Members: • note the positive response and commitment of officers and community planning partners to the challenge to transform the Council’s corporate plan • note the ongoing developments to Area Plans and Service Plans • agree the new Corporate Plan 2006-2008

3. BACKGROUND The Audit Scotland report on the Council was published on 14 February 2006. Whilst the development and agreement of the Improvement and Development Plan was a priority, there were also clear areas where work could start immediately – the review of the Leading Rural Area vision and corporate plan were two prominent examples. There was therefore a period where work started on the corporate plan in parallel to the Improvement and Development Plan. Formal agreement of the Plan gave further clarity in terms of detail and target dates for development of the new corporate plan. The process for developing the new corporate plan has focused on: taking the best from the 2003-2007 Corporate Plan; developing a more detailed vision with community planning partners; clarifying Council objectives with respect to the shared vision; condensing the many actions down to a smaller number of concise, focused, actions with SMART (Specific, Measurable, Agreed, Realistic, Time bound) targets; and strengthening links with Area Plans and Service Plans. The process for development of the new corporate plan is detailed below: • 14 February – publication of the Audit Scotland report • 7, 13 and 22 February – SMT (Strategic Management Team) discuss development of Best Value Improvement and Development Plan, with Improvement Service attending the last meeting

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• 9 March – Members discuss the audit report and early work on the improvement plan with some input from the Improvement Service • 13 April – Members’ Best Value workshop with the Improvement Service • 25 April – Members, SMT and community planning partners discuss the Leading Rural Area vision • 4 May – Council agrees the Best Value Improvement and Development Plan • 4 May – Members receive feedback on the Leading Rural Area vision and agree approach to develop new corporate plan • 18 May – Members and SMT discuss draft strategic objectives and ways of working; agree to staff survey on values; and review actions in the 2003-2007 Corporate Plan (see separate report) • 9 June – meeting with area committee representatives to discuss links with Area Plans and the process for highlighting priorities for inclusion in the corporate plan • 14 June – WorkForce distributed with insert to survey all Members and staff about core values for the Council • 21 June and 22 June meetings with MAKI and B&C area committees at business days plus discussions with OLI and H&L representative • 28 June and 7 July – community planning partners discuss and agree the Leading Rural Area vision • 4 and 5 July – Area Committees agree priorities to include in the new corporate plan • July – consultation with members via e-mail and post • July – meetings with Heads of Service to discuss progress on “Valuing Performance” and corporate plan links with service planning processes and plans • 18 July – SMT discuss draft Corporate Plan 2006-2008 The Corporate Plan 2006-2008 that has been created as a result of this process is detailed in the Appendix. A Member seminar on 11 August provides an opportunity for Members to discuss the corporate plan prior to formal agreement by Council.

4. COMMENTARY The timeframe for the new Corporate Plan is shorter than would normally be expected because of the 2007 elections. The Plan covers the remainder of the 2006/7 financial year and the budget setting process for 2007/8 (and will therefore influence many activities in the first year of the new Council). The new Council will start a review of the Corporate Plan with the aim of producing a Plan for the period 2007-2011 and beyond. The new Plan will be subject to smaller annual reviews to remove completed items and update the

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remaining actions based on issues identified in the period since the previous review. Each area committee has identified their top three priorities and these are incorporated into the new Corporate Plan. The detailed work on Area Plans continues with the aim of completing them before the next budget setting cycle commences. A similar dialogue is ongoing with services. The result of this work will be a Corporate Plan that clearly links with Area Plans and Service Plans through a common structure that simplifies communication and interpretation.

5. CONCLUSIONS The Audit Scotland report on the Audit of Best Value and Community Planning challenged the Council to demonstrate its commitment to Best Value and continuous improvement. One of the more prominent challenges was to transform the Council’s corporate plan. The positive response and commitment of Members, Council officers and community planning partners has enabled the development of a new Corporate Plan that has clearly set out a change in approach, whilst building on existing strengths of the Council.

6. IMPLICATIONS Policy: There is greater clarity within the new Corporate Plan. Future policy development will be enhanced as Members and officers developing new policies and initiatives will be able to demonstrate clear links to corporate objectives more easily. Financial: The new Corporate Plan and associated Area and Service Plans will be used to direct the budget process for 2007/8 Personnel: Clearer focus for work of the Council will enable employees to identify their contribution more easily. Equality Impact No specific issues identified in the corporate plan. Each action Assessment: will be assessed separately (or individual elements assessed for larger projects) as they are developed and implemented.

JAMES McLELLAN

Chief Executive 3 August 2006

For Further Information Contact: Brian Barker, 01546 604436, [email protected]

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Argyll and Bute Council

Corporate Plan 2006-2008

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August 2006

Agenda Item7b Argyll and Bute Leading Rural Area

because of higher life expectancy and partly because the area is Argyll and Bute is an area of outstanding beauty and varied seen as an attractive retirement destination. geography – stretching from Helensburgh in the East to Tiree in the West. The cultural diversity of local communities reflects this Affordable housing is a significant issue as many properties are geographic diversity. sold at inflated prices for second, holiday or retirement homes.

There are 25 inhabited islands, The main employers are public sector, tourism, construction and more than any other local authority agriculture/fishing. There are higher than average levels of self area in Scotland. The islands are employment, with a significant proportion of this in tourism. not well interconnected because Average earnings are below the Scottish average. links tend to be with the mainland. The natural environment is among the most unspoiled in the UK The mainland is divided by long sea with habitats and biodiversity second to none. There are 120 lochs that cut deep inland and areas designated as Sites of Special Scientific Interest in Argyll Page 190 further fragment already remote and and Bute – taking up 10% of our land area. sparsely populated areas. This extends road links, with long drive The marine biodiversity is enviable and attracts divers and other times and very often only one road enthusiasts from across the world. There are populations of connects settlements. marine species that are of global significance such as the serpulid reefs of Loch Creran – one of only four sites in Europe. Ferries are an essential part of everyday life. 16% of the population The Council’s political management arrangements comprise: live on islands reliant on a ferry. Air • the full Council of 36 elected members forming an links are becoming more prominent as new airports are administration and opposition commissioned on Coll, Colonsay and at Oban. • a Strategic Policy Committee with wide ranging delegated authority to take decisions on behalf of the Council The area is very sparsely populated – an area that is 10% of • four decentralised Area Committees (Bute and Cowal; Scotland houses only 92,000 people. This has an impact on the Helensburgh and Lomond; Mid-Argyll, Kintyre and Islay; range of services that are available and increases the cost of Oban Lorn and the Isles) with substantial delegated delivery. Communities are often very self reliant, but do lack authority to make decisions affecting local communities access to many of the services that are often take for granted. • an Audit Committee and Standards Committee scrutinise and advise on ethical standards, conduct, audit and risk The changing population profile is a significant challenge as • a Public Service and Licensing Committee which provides younger people leave the area to attend university or seek work. a strategic reference point on matters relating to Simultaneously, the older population is on the increase, partly regulatory and quasi-judicial matters

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Leading Rural Area – our shared long term vision The Council is committed to partnership working and community planning. As the statutory lead agency and as a key stakeholder in the process, the Council facilitated the process for developing a joint vision for Argyll and Bute Community Planning Partnership of Argyll and Bute: Leading Rural Area. The vision was agreed by the Partnership at its meeting in July 2006 and is detailed below.

The community planning partners are expected to respond to this vision as part of their planning processes for activities in Argyll and Bute. The Council has adopted a format for this Plan that explicitly recognises the links between the Leading Rural Area themes and relates them to the Council’s strategic objectives.

Argyll and Bute: Leading Rural Area

Outstanding Environment Page 191 • high quality environment that is valued, recognised and protected • the environment is respected as a valued asset that can provide sustainable opportunities for business • an identity that is recognised and appreciated globally with a range of businesses that use the high quality image • an area that is accessible, yet retains its remote character

Vibrant Communities • safe supportive communities with positive culture and sense of pride in the area • well balanced demographically with young people choosing to stay or move to the area • vibrant local economy that is based on core attributes of the area, flexible and open to new opportunities • a sense of history with a view to the future • housing that is appropriate and affordable with local people able to participate in the housing market • high quality public services and leisure/community facilities that attract people to settle in Argyll and Bute

Forward Looking • communities that are culturally rich with a desire to excel • proactive communities where local people and organisations look for and create opportunities • decentralised public sector with more delivery of high quality ‘professional’ services from Argyll and Bute • partnership working across all sectors to coordinate developments, market Argyll and Bute and remove constraints that limit possibilities • communities that learn and use that knowledge

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The values and ways of working describe our overall approach. Our approach The Council has also made specific commitments for sustainable development and equal opportunities that guide the development The Council’s approach to development and delivery of services of the Council and delivery of its services. is underpinned by our values and ways of working. These describe how we expect the Council and its employees to work There are five guiding principles for sustainable development and if we fall short of these expectations we will make changes. that help to direct service improvements and developments towards the overall Council vision. They are Our values • developing, empowering and including our communities The Council’s core values, as expressed by its employees and • protecting, enhancing and managing natural resources endorsed by Members, are for the Council to be: and environment • Customer focused • developing the economy using innovative and creative • Efficient, effective and high performing solutions • Open and honest • taking an open, honest and accountable approach Page 192 • Caring, inclusive and fair • taking decisions that will maximise benefit and minimise • Proactive and innovative impact across these areas

Our ways of working The Council is developing an Equality and Diversity Scheme that builds on current commitments to race equality and equal Getting closer to communities: Listening and valuing their opportunities. This Scheme has key principles that: views, communicating clearly and directly, bringing services • no-one is disadvantaged because of their race or ethnic closer to communities, valuing diversity origin, disability, gender, age, sexual orientation, or religion and belief Working in partnership: Fostering partnerships and • the differences between people are valued and good cooperation across all sectors, delivering services more relations between groups are promoted effectively and efficiently, learning from others, innovating • people are treated fairly and with equal respect together • informed assessments are made on the impact of policies and services Valuing our employees: Listening and valuing their views, • people are involved in the decisions that affect them and communicating clearly and directly, supporting personal encouraged to participate in public life development and career progression, trusting them to deliver the best, recognising their contribution The Council has an agreed process for equalities impact assessment for policy and service development and this is being extended to embrace sustainability issues.

4 Argyll and Bute Leading Rural Area

Argyll and Bute Council Corporate Plan 2006-2008: Summary

Leading Rural Council Strategic Strategic Delivery Area Objectives

Argyll and Bute Wide Service Area

• To protect and promote • Coastal and Marine • Ardencraig Gardens Outstanding Argyll and Bute National Park • StreetScene • Environmental improvements Environment • To promote sustainable • Marketing Argyll and • Recycling • Carradale Harbour Page 193 use of the environment Bute • A848 Salen-Tobermory road

• To encourage active, • Ensure a supply of • Asset development/ • Rothesay waterfront/centre Vibrant caring communities affordable housing rationalisation • Helensburgh town centre Communities • To make Argyll and Bute • Improved transport • Opportunities for • Jura Transport Initiative an attractive place to work network young people • Infrastructure improvements

• To create opportunities and • Public sector reform • Dunoon Marine Gateway Forward lead the way • Customer First – • Social work review • Community facilities Looking • To innovate in service including Contact • Performance culture • Campbeltown regeneration delivery Centre • Oban Action Plan

Underpinned by our values and ways of working

5 Argyll and Bute Leading Rural Area

Outstanding Environment Title What this entails How this will be achieved Target Partnership Links Lead Director/ date Spokesperson Argyll and Coastal and Support for the concept of Dialogue between Scottish Mar 08 SNH, George Bute Wide Marine the Park – a European first. Executive, SNH and the Biodiversity Harper/Cllr National Park Identification of solutions to Council. Partnership, Robin issues that could affect the Discussion on preferred Scottish Banks effective creation and options with Members, Executive, local running of the Park managers and communities of communities, interest. media

Encourage proactive Page 194 contributions to Scottish Executive consultation once launched Marketing Raising the profile of the Review comparable models Nov 06 AIE, SED, George Argyll and Bute area, creating a high quality Scheme designed and agreed Feb 07 SNH, Harper/Cllr image/brand, aiming to for Argyll and Bute. Pilot Agricultural Robin attract investment and phase starts. Forum, Banks people to the area Evaluation of pilot phase and Dec 07 National Park, decision on full scheme VisitScotland, Scottish Executive Service StreetScene Combined local Combination of local services Apr 07 Local Andy Law/ environmental care service such as grounds, street community Cllrs Robin to provide coordinated and cleaning, basic roads groups, police Banks and early reactive response maintenance Duncan MacIntyre

6 Argyll and Bute Leading Rural Area

Outstanding Environment Title What this entails How this will be achieved Target Partnership Links Lead Director/ date Spokesperson Recycling Changes to service delivery Pilot of alternative weekly Feb 07 Re-JIG, GRAB Andy Law/ to increase recycling and kerbside collections on: Trust Cllr Robin waste diversion rate to 30% • Lismore – for paper Banks by 2008 and 50% by 2010. and cardboard linked This will also ensure the with home composting. Council meets Scottish • Islay and Jura – for Executive landfill diversion paper, cardboard, cans targets. and plastics bottles linked with collection of compostable waste or home composting Page 195 Evaluation of pilot and Feb 07 Community decision on future expansion environment of the scheme as part of the groups service planning and budget process. Area Refurbishment Restoration of landmark Complete refurbishment of Mar 07 AIE, Historic Andy of Ardencraig visitor attraction gardens and greenhouses Scotland, Law/Cllr

B&C Gardens European Len funding Scoullar Regeneration A number of projects The projects are detailed and Mar 08 Employability Andy Law/ and contributing to local prioritised in the Area Plan for Team, Job Cllr Ronnie environmental environmental Helensburgh and Lomond Centre Plus Kinloch improvements improvements in the H&L Helensburgh area

7 Argyll and Bute Leading Rural Area

Outstanding Environment Title What this entails How this will be achieved Target Partnership Links Lead Director/ date Spokesperson Carradale Improvement of fishing and FIFG grant for harbour and 2006/7 AIE, SNH, Andy Law/ Harbour tourism facilities, partnership working for CHUG Cllr Alastair

MAKI environment and landscape environment and landscaping McKinlay

A848 Salen- Upgrade of key road on Mull Planning decision Jan 07 HITRANS, George Tobermory from single track to double STAG appraisal and 2008/9 Scottish Harper/ Cllr road track on section from Salen acceptance by HITRANS Executive, Alistair to Gualan Dubh to enable Detailed design work Mar 09 Highlands and MacDougall OLI more effective movement of (assuming a Planning Inquiry Islands people and goods on the is not called) European Page 196 island Partnership

8 Argyll and Bute Leading Rural Area

Vibrant Communities Title What this entails How this will be achieved Target date Partnership Links Lead Director/ Spokesperson Argyll and Ensure a Provision of infrastructure to Through the Local Plan. Oct 07 George Bute Wide supply of encourage development Harper/ affordable based on identified housing Dialogue with infrastructure Nov 06 Scottish Water Allan housing needs and infrastructure providers to develop a Macaskill requirements programme, especially where this limits progress Improved To identify short, medium Production of a concise local Dec 06 HITRANS, George transport and long term priorities to transport strategy and Strathclyde Harper/Cllr network develop transport supporting documentation, Partnership for Duncan Page 197 infrastructure and services including STAG appraisal and Transport MacIntyre with the two regional strategic environmental (SPfT) transport partnerships assessment. Service Asset Rationalise asset base Develop asset strategy and Jul 07 Douglas development and/or extend/find new management plan and Hendry/ Cllr and uses for assets consider options for managing Dick Walsh rationalisation the schools estate to improve Decision on options for office Sep 06 George service rationalisation in Oban Harper/ Cllr delivery Allan Macaskill Implementation of agreed plan 2007 Nigel for office rationalisation in Stewart/ Campbeltown Cllr Alastair McKinlay Maximise Identify personal Production and Mar 07 Schools, Douglas development development needs of implementation of Youth Work Prince’s Trust, Hendry/ Cllr opportunities young people and put in Strategy for Argyll and Bute Colleges Dick Walsh for young place a framework to people support provision

9 Argyll and Bute Leading Rural Area

Vibrant Communities Title What this entails How this will be achieved Target date Partnership Links Lead Director/ Spokesperson Area Regeneration Actively pursue restoration Development of options for Mar 07 Historic Douglas of Rothesay and refurbishment of the refurbishment and Scotland, Bute Hendry/ Cllr waterfront, Pavilion, Rothesay redevelopment Beyond 2000 Brian town centre Chennell and pavilion Preparation of scheme for Mar 08 chosen option to enable more B&C effective pursuit of funds Upgrading of Rothesay Pier Work to be completed in Mar 07 Scottish and installation of new 2006/07, inner harbour Executive, AIE, linkspan development to be linked to Caledonian Page 198 overall programme. MacBrayne Development Revitalising Helensburgh Studies and development of Mar 08 Helensburgh Andy Law/ of town centre and waterfront proposals led by the Partnership, Cllr Ronnie Helensburgh Helensburgh Partnership as a Scottish Kinloch

H&L town centre specially formed body to Enterprise progress this regeneration Dunbartonshire, work private sector Jura Improved ferry services for Trial of Islander ticket for Apr 07 Scottish Nigel Transport Jura residents to ease Islay-Jura ferry to ease cost of Executive, Stewart/ Initiatives access to Islay and the travel and variable message Initiative at the Cllr Alastair mainland. This is linked to signs to improve information Edge, CPP McKinlay the SEERAD initiative on on service status

MAKI Rural Service Priority Development of passenger Apr 07 Scottish Nigel Areas. ferry link to mainland Executive, CPP Stewart/ Cllr Alastair McKinlay

10 Argyll and Bute Leading Rural Area

Vibrant Communities Title What this entails How this will be achieved Target date Partnership Links Lead Director/ Spokesperson Infrastructure Removing development Identification of issues causing Ongoing Scotland George improvements constraints in Oban, Lorn concern and high-level TranServ, Harper/ Cllr and Isles area with dialogue to remove those Scottish Water, Alistair

OLI particular reference to constraints SEPA MacDougall roads, water supply and housing development Page 199

11 Argyll and Bute Leading Rural Area

Forward Looking Title What this entails How this will be achieved Target Partnership Links Lead Director/ date Spokesperson Argyll and Public sector Continued progress to Local dialogue with partners Nov 06 CPP partners James Bute Wide reform integrate services and following workshops McLellan/Cllr improve efficiencies as part sponsored by the Scottish Allan of the Scottish Executive Executive on Integrated Macaskill initiative Transforming Service Delivery and Public Services. Locally this Governance and Shared involves practical dialogue Services

with key partners to improve Identification of areas for Ongoing Page 200 services and rationalise closer working or integration assets with partners to demonstrate intent and practical outcomes Customer First Distributed model Contact Business case Aug 06 AIE, NHS Nigel – including Centre to enable electronic Stewart/Cllr Contact Centre service delivery with access First six services go live Dec 06 Ian Gillies points for local communities

Service Social Work Review and modernisation Strategic review of Services Sep 06 NHS, private Douglas review of social work services to to develop options for and voluntary Hendry/Cllr respond to demographic recommendation to Council sector Dick Walsh changes and service Decision on options as part of Feb 07 providers pressures the service planning and budget process Performance Transformation of Council Clarification and strategic Dec 06 James culture culture to one focused on mapping of priorities and McLellan/Cllr performance management performance measures. Allan

12 Argyll and Bute Leading Rural Area

Forward Looking Title What this entails How this will be achieved Target Partnership Links Lead Director/ date Spokesperson performance management Programme agreed for Dec 06 Improvement Allan and continuous introduction of IT tool to Service Macaskill improvement. enhance feedback and Performance reporting and to develop more Management active approach. Group Actions for workforce Jan 07 development agreed following Best Value review of Personnel Services Area Dunoon Marine Redevelopment of Dunoon Promotion of the new ferry 2007 Scottish Douglas Gateway Pier, Queen’s Hall and terminal as the main hub for Executive, Hendry/ Cllr Page 201 waterfront as the marine Dunoon and Cowal ferry and bus Brian gateway for the Loch operators Chennell Lomond National Park and Establish Dunoon Seafront Oct 06 Partners to be so to promote Dunoon as a Development Group as identified desirable place to live and project board to coordinate work and as a significant and future development B&C tourist destination. Development of proposals for Mar 07 the seafront including replacement facility for the Queen’s Hall and refurbishment and new uses for Dunoon pier Replacements Upgrade and replacement Decision on provision of new Mar 08 Andy Law/ and of key facilities that have swimming pool and Cllr Ronnie enhancement reached the end of their associated facilities Kinloch H&L to community planned life. facilities

13 Argyll and Bute Leading Rural Area

Forward Looking Title What this entails How this will be achieved Target Partnership Links Lead Director/ date Spokesperson Campbeltown Campbeltown Area Bring neglected historic 2006/11 Community Nigel Regeneration Regeneration Scheme buildings back into use, groups, Stewart/ Cllr environmental improvements Historic Alastair to the promenade and Scotland, McKinlay MAKI celebrate local identity Heritage Lottery Fund, AIE Oban Action The Action Plan has STAG appraisal of options Dec 07 AIE, Scottish George Plan highlighted the Oban Executive, Harper/ Cllr

Development Road as a Scottish Alistair Page 202 catalyst for regeneration of Water, MacDougall OLI Oban Caledonian MacBrayne, private sector

14 Argyll and Bute Leading Rural Area

Integration with Area and Service A suite of measures will be selected from the Statutory Performance Indicators to provide a comparison between Argyll priorities and Bute Council and other Scottish rural councils. Further work Integration between the corporate plan, the four Area Committee will involve the public and other stakeholders including our plans and individual service plans is achieved through the use of Community Planning Partners. The comparative measures will a similar format. The links between the three themes and be described in the 2007 review of this Corporate Plan and strategic objectives can reported through the Council’s public performance reporting Leading Council Strategic Area Priorities Delivery activities. then be followed Rural Area Objectives directly to a service or •To protect and promote •XXXX Outstanding Argyll and Bute •XXXX •XXXX • Environment To promote sustainable •XXXX •XXXX team within a service. use of the environment Longer term challenges The schematic for the •To encourage active, •XXXX There are some significant challenges for the Council that extend Vibrant caring communities •XXXX •XXXX • Area Plans is shown Communities To make Argyll and Bute •XXXX •XXXX an attractive place to work beyond the life of this plan. Consideration of some of these has here to illustrate the •To create opportunities Forward and lead the way •XXXX •XXXX started already, but some will require input and consideration by Looking •To innovate in service •XXXX • links. XXXX Page 203 delivery the new Council in 2007 and beyond.

Performance These challenges include: • the changing demographic profile, projected changes and management arrangements responses that will affect that profile to ensure that The Council is developing performance management communities are viable and receive the services they arrangements to present managers at any level with the need information they need to make the best decisions. This involves • asset management to rationalise and develop Council clarifying priorities, linking areas of good practice and supporting assets, including the school estate, major facilities and weaker areas to reach a point where a balanced picture can be links with public sector partners presented for any service and for the Council as a whole. • public sector reform and the need to make a case for the best arrangements to serve the population of this unique This will involve significant investment in support for services, IT area – arrangements that could well be different to other tools to enable fast, responsive reporting of information and parts of Scotland development of balanced scorecards to report customer, quality, • changes in European funding that will have a significant financial and development related information at the same time. impact on rural areas • capitalising on economic migration as more people come Work is under way to describe the association between service to work in Argyll and Bute from other regions of Europe performance and cost. This will provide clear links between the Council’s Priorities and the Budget allocation.

15 Argyll and Bute Leading Rural Area

The Council has an extensive base of assets comprising Financial Outlook schools, social work homes, swimming pools, offices, roads, vehicles and equipment. The Council is facing a significant bill in A number of significant financial challenges face the Council in terms of the cost of bringing buildings and roads up to standard the years ahead. The Council started the 2006/7 financial year and maintaining them at that standard. Making better use of on a relatively stable footing with a free general fund reserve of assets and minimising the long-term cost of assets is a key £5m that exceeded the target 2% contingency of £4m. However, requirement in terms of efficient government. The Council will initial forecasts indicate a funding gap in the Council’s budget of address this through its asset management strategy and service around £10m for 2007/8 and this tight financial regime will reviews. continue into the future. The expectation from the forthcoming comprehensive spending review is that councils will have “to do There are significant cost implications when delivering services more with no more” – leading to a continued drive for efficiency to a population dispersed widely over the islands and peninsulas savings. This pressure creates hard choices around priorities of Argyll and Bute. Whilst the Council is proud of its and what services the Council can continue to provide. decentralised arrangements that enable more local service Page 204 delivery these are under increasing pressure and the Council in Interest rates and inflation have a significant impact on a its response to the efficient government agenda will need to council’s expenditure through increasing wage rates, operating balance the search for efficiencies with the impact on local costs or borrowing costs. Recent experience is one of relatively service delivery. low and stable inflation and interest rates, with a few notable exceptions, such as energy costs, child care placements and The Council faces a future where its population base is ageing at construction costs. Any move towards increasing or greater a rate faster than Scotland as a whole. The growing elderly and volatility in these could have an adverse impact on the Council. reducing school age population present additional challenges for the Council and a review of social work services is a first stage in Staff costs represent the largest element of the Council’s costs. addressing the implications of this challenge. Over recent years there have been significant increases in the rate of employers’ pension contributions. The Council is also in the process of implementing a new pay and grading structure following a job evaluation exercise to progress a single status agreement. An additional £1.6m has been budgeted for implementation of single status. Any settlement beyond this will have a direct impact on a combination of the level of council tax, cuts in services and reduced numbers of posts. The Council has substantially settled its historical equal pay liability.

16 Argyll and Bute Leading Rural Area

Figure 2

Revenue Expenditure 2006-07 Figure 1 shows how expenditure for the year 2006/07 is to be Education 81.9 financed. Social Work 39.5 Figure 2 gives a breakdown of the money the Council plans to Roads 18.5 spend on day to day service delivery during 2006/07. Police & Fire 15.2

Figure 3 gives a projection of the capital funding available to the Environmental 14.2 Council for investing in new assets or improving existing assets Other 9.4 over the next 5 years. Cultural 8.1

Planning 3.6 Page 205 Housing 1.5

0 102030405060708090 £millions

Figure 1 Figure 3

Capital Funding Available 2006-07/2010-11 Revenue Income 2006-07 25 £millions

19.5 19.5 19.5 Grant, £129.4 Reserves, £1.9 20

12.3 12.3 millions Rates, £33.8 £ 10

Council Tax, £42.0

0 2006-07 2007-08 2008-09 2009-10 2010-11 Financial Year

17 Page 206

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ARGYLL AND BUTE COUNCIL COUNCIL CORPORATE SERVICES 16 AUGUST 2006

ARGYLL COMMUNITY HOUSING ASSOCIATION – AREA COMMITTEES: APPOINTMENT OF COUNCIL REPRESENTATIVES

1. BACKGROUND

1.1 Argyll Community Housing Association (ACHA), as part of its governance arrangements, is forming four Area Committees covering:

• Mid Argyll and Kintyre • Oban, Lorn and the Isles (includes Islay) • Helensburgh and Lomond • Bute and Cowal

1.2 An invitation has been received from ACHA to appoint one Council representative to each of the four Area Committees which are expected to become operational around August/September.

2. RECOMMENDATION

2.1 The Council is invited to consider the appointment of one Member to each of ACHA’s four Area Committees as the Council’s representatives.

2.2 If so resolved, to appoint these Members to serve until the next ordinary election of Councillors on 3 May 2006.

3. IMPLICATIONS

Policy: This is in keeping with the Council’s commitment to work with other agencies in partnership to benefit the people of Argyll and Bute. Financial: Members travel and subsistence costs Personnel: None Equal Opportunities: None Legal: None

For further information contact: Nigel Stewart Telephone 01546 604272

6 July 2006 Page 208

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ARGYLL & BUTE COUNCIL COUNCIL

CORPORATE SERVICES 16 AUGUST 2006

CHARLES AND BARBARA TYRE TRUST – APPOINTMENT OF GOVERNORS

1. SUMMARY

This report advises that three Governors of the Charles & Barbara Tyre Trust have completed their first term of office and the Council is therefore asked to make appointments to these vacancies. The Council is required to make appointments in terms of the Charles & Barbara Tyre Trust Scheme which is a statutory scheme.

2. RECOMMENDATIONS

The Council should appoint three Governors to the Charles and Barbara Tyre Trust.

3. BACKGROUND

3.1 The Charles and Barbara Tyre Trust is operated in terms of a Statutory Scheme made in 1979 under the relevant Education (Scotland) Act. The Statutory Scheme provides for a governing body of 10 Governors to be appointed by the Council. The Governors need not be Members of the Council.

3.2 The periods of office of Governor run for three years from the date of their appointment. The Scheme also provides that a Governor may be re-appointed but can only serve for a maximum of two successive terms and thereafter must vacate office for a period of one year before becoming eligible for further re- appointment.

3.3 The current Governors are as follows:-

Name Expiry of First Term Expiry of Second Term

Mr D Walsh (Dunoon) August 2007 Mr J Findlay (Islay) August 2008 Mr A MacDougall (Mull) August 2008 Mr J McAlpine (Tarbert) August 2006 Mr J Milligan (Southend) August 2006 Reverend A Spears August 2006 (Kinlochleven) Mrs Mary Smith (Tarbert) January 2008 Mr John A Clark (Crinan) January 2008 Mrs Isabella Souden January 2008 (Lochgilphead) Mrs Elaine Robertson May 2009 (Oban)

C & B T Trust 16 Aug 06 Page 210 4. DETAIL

4.1 The situation is, that the following Governors have completed their first terms of office in August 2006.

(a) Mr J McAlpine. Mr J McAlpine is eligible for re-appointment.

(b) Mr J Milligan. Mr Milligan is eligible for re-appointment.

4.2 The Governors of the Trust have recommended the Mr J McAlpine, Mr J Milligan and Reverend A Spears be re-appointed as Governors.

5. IMPLICATIONS

5.1 Legal – The Council has an obligation to appoint Governors to the Trust. 5.2 Financial - none 5.3 Personnel - none 5.4 Equal Opportunities - none 5.5 Policy - none

Nigel Stewart Director of Corporate Services

11 July 2006

C & B T Trust 16 Aug 06 Page 211 Agenda Item 10

ARGYLL AND BUTE COUNCIL COUNCIL MEETING CHIEF EXECUTIVE 16 AUGUST 2006

ARGYLL AND BUTE COMMUNITY HEALTH PARTNERSHIP COMMITTEE

1. SUMMARY

1.1 The scheme of establishment of the Argyll and Bute Community Health Partnership has been approved by Scottish Ministers and was presented to the NHS Highland Board at their meeting on 1 August 2006.

1.2 The composition of the Argyll and Bute Community Health Partnership is as set out in the attached table and the invitation to make appointments is contained in a letter of 27 July 2006 from NHS Highland, also attached. The Chair of the Community Health Partnership is Mr Bill Brackenridge from the Scottish Ambulance Service.

2. RECOMMENDATION

2.1 That the Council appoints the Spokesperson for Communities and the Director of Community Services.

3. DETAIL

3.1 Members will see from this that the invitation is a fairly open one but it is suggested that since the main business of the Committee relates to Health the Council’s membership should be at a level that retains the same strategic links as the Joint Future Partnership, namely, Spokesperson for Communities and the Director of Community Services.

3.2 In respect of the Member appointment this is for a 3 year period from 17 August 2006 (subject to what follows) during which the Council can review, for example, after the elections in May 2007. In order to ensure continuity and minimise the risk of complete membership change at the end of the first term the period of office of half of the members of the Community Health Partnership Committee will be for 2 years, although which half has not yet been determined.

4. IMPLICATIONS

Legal None Financial None Personnel None Equal Opportunities None Policy This is in keeping with the Council’s commitment to work in partnership to benefit the people of Argyll and Bute.

Chief Executive 1 August 2006 Page 212

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ARGYLL AND BUTE COUNCIL COUNCIL MEETING CORPORATE SERVICES 16 AUGUST 2006

LORN, MID ARGYLL, KINTYRE & ISLAY LICENSING BOARD

1.0 SUMMARY

1.1 This report invites the Council to fill a vacancy on the Lorn, Mid Argyll, Kintyre & Islay Licensing Board. In terms of the Licensing (Scotland) Act 1976 a local authority appoints members to serve on the Licensing Boards for the Area.

2.0 RECOMMENDATION

2.1 The Council is invited to consider making an appointment to the Lorn, Mid Argyll, Kintyre & Islay Licensing Board.

3.0 BACKGROUND

3.1 Councillor Sidney MacDougall has resigned as a member of the Lorn, Mid Argyll, Kintyre & Islay Divisional Licensing Board.

3.2 In considering an appointment to fill the vacancy the Council should note that Section 2 of the Licensing (Scotland) Act 1976 disqualifies the following from being Members of a Licensing Board.

(a) a person who is, or who is in partnership with any person as a brewer, maltster, distiller, or dealer in or retailer of alcoholic liquor.

(b) a person who is an employee of a holder of a licence under the Act and any other person engaged in a business which deals in alcoholic liquor, including directors, officers and employees of companies so engaged.

3.3 Having regard to the implications of the Human Rights Act the Council previously agreed that any member who is a member of either the Police Board or Fire Board should not be a member of a Licensing Board.

3.4 The other Members of the Board are Councillors Colville, R Currie, Findlay, A MacDougall, D MacIntyre, McAlpine, McIntosh and McKinlay.

Nigel Stewart Director of Corporate Services 2 August 2006 Page 216

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