ANGUS COUNCIL
to be held on
16 SEPTEMBER 2010
MINUTES 2010
VOLUME 101
ANGUS COUNCIL – 16 SEPTEMBER 2010
VOLUME 101
Date Page No (a) Development Management Review Committee 22 June 2010 311 (b) Angus Council 24 June 2010 312 (c) Development Standards Committee 6 July 2010 320 (d) Development Management Review Committee 6 July 2010 324 (e) Infrastructure Services Committee (Special) 29 July 2010 326 (f) Corporate Services Committee (Special) 29 July 2010 328 (g) Development Standards Committee 10 August 2010 329 (h) Development Management Review Committee 10 August 2010 333 (i) Social Work and Health Committee 12 August 2010 335 (j) Civic Licensing Committee 17 August 2010 339 (k) Neighbourhood Services Committee 19 August 2010 343 (l) Infrastructure Services Committee 24 August 2010 358 (m) Education Committee 26 August 2010 382 (n) Development Standards Committee 31 August 2010 399 (o) Development Management Review Committee 31 August 2010 403 (p) Corporate Services Committee 2 September 2010 405 (q) Strategic Policy Committee 7 September 2010 418 (r) Civic Licensing Committee 7 September 2010 428
The symbol in the margin of a minute indicates a matter which has been referred to the Council in terms of Standing Orders.
311 ANGUS COUNCIL
MINUTE of MEETING of the DEVELOPMENT MANAGEMENT REVIEW COMMITTEE held in the ACCESS Office, Kirk Square, Arbroath on Tuesday 22 June 2010 at 11.00 am.
Present: Councillors DAVID LUMGAIR, ALISON ANDREWS, DAVID FAIRWEATHER and BOB SPINK.
Also Present: IAN MITCHELL, Planning Adviser, DAVID THOMPSON, Legal Adviser and ELAINE WHITTET, Committee Officer.
Councillor LUMGAIR, Convener, in the Chair.
1. APOLOGY
An apology for absence was intimated on behalf of Councillor John Rymer.
2. DECLARATIONS OF INTEREST
The Committee agreed to note that no declarations of interest were made.
3. APPLICATION FOR REVIEW – LAND BETWEEN CONDOR DRIVE AND KEPTIE ROAD, ARBROATH
With reference to Article 4 of the minute of meeting of this Committee of 8 June 2010, there was submitted Report No 433/10 by the Director of Corporate Services detailing an application for the review of the decision taken by the Planning Authority in respect of the refusal of a proposal for the erection of two houses on land between Condor Drive and Keptie Road, Arbroath.
The Committee noted that an unaccompanied site visit had taken place at 10.00am.
The Committee then gave further consideration to the contents of the Report and to the papers submitted by the applicant and the planning authority and determined that they now had sufficient information to consider the review.
Following discussion, the Committee agreed that the decision to refuse the application by the Head of Planning and Transport was in accordance with the Council’s Local Planning Policies and therefore the Director’s decision was endorsed and accordingly the review dismissed.
Councillor Fairweather intimated his dissent from the foregoing decision.
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ANGUS COUNCIL
MINUTE of MEETING of ANGUS COUNCIL held in the Town and County Hall, Forfar on Thursday 24 June 2010 at 4.00pm.
Present: Provost RUTH LESLIE MELVILLE MBE, Depute Provost PETER MURPHY, Councillors ALISON ANDREWS, COLIN BROWN, MAIRI EVANS, DAVID FAIRWEATHER, IAIN GAUL, ALEX KING, JEAN LEE, IAN MACKINTOSH, DAVID MAY, JIM MILLAR, DONALD MORRISON, BOB MYLES, PETER NIELD, HELEN OSWALD, RALPH PALMER, JOHN RYMER, MARK SALMOND, BOB SPINK, MARGARET THOMSON, PAUL VALENTINE, SHEENA WELSH, SANDY WEST and JOHN WHYTE.
Provost RUTH LESLIE MELVILLE, in the Chair.
1. APOLOGIES
Apologies for absence were intimated on behalf of Councillors David Lumgair, Bill Middleton, Glennis Middleton and Rob Murray.
2. DECLARATIONS OF INTEREST
Councillor Oswald declared an interest in Item 11 as her husband was a former employee of Carnoustie Golf Links Management Committee. She indicated that she would not participate in discussion and voting and would leave the meeting.
EDUCATION APPOINTMENTS SUB-COMMITTEE
The Head of Law and Administration indicated that arrangements had been made for a meeting of the Education Appointments Sub-Committee to take place on Monday 5 July 2010 at 2.00pm. Due to prior holiday commitments Councillor Mackintosh would be unable to attend and would be substituted by Councillor Alison Andrews.
Membership of the Sub-Committee would therefore consist of the following members:-
Councillor Peter Nield (Convener of Education Committee) Councillor Margaret Thomson (Vice Convener of Education Committee) Councillor Bob Myles (Leader of the Administration) Councillor Alison Andrews (Substitute for Depute Leader of the Administration) Councillor Helen Oswald (Leader of the Opposition) Councillor Sheena Welsh Councillor Paul Valentine
The Council resolved to note the position.
3. MINUTES OF COUNCIL AND COMMITTEES
(a) Angus Council
The minute of meeting of Angus Council of 13 May 2010 was submitted and approved as a correct record, subject to the deletion of “and noted” at Articles 3(h), (i), (j), (k), (l) and (m).
(b) (Special) Angus Council
The minute of the special meeting of Angus Council of 10 June 2010 was submitted and approved as a correct record.
(c) Development Standards Committee
The minute of meeting of the Development Standards Committee of 18 May 2010 was submitted and noted.
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(d) Development Management Review Committee
The minute of meeting of the Development Management Review Committee of 18 May 2010 was submitted and noted.
(e) Social Work and Health Committee
The minute of meeting of the Social Work and Health Committee of 20 May 2010 was submitted and noted.
(f) Civic Licensing Committee
The minute of meeting of the Civic Licensing Committee of 25 May 2010 was submitted and noted.
(g) Neighbourhood Services Committee
The minute of meeting of the Neighbourhood Services Committee of 27 May 2010 was submitted and noted.
(h) Infrastructure Services Committee
The minute of meeting of the Infrastructure Services Committee of 1 June 2010 was submitted and noted.
(i) Education Committee
The minute of meeting of the Education Committee of 3 June 2010 was submitted and, except as detailed hereunder, noted:
Arbroath Primary Schools: Update
With reference to Article 11, Councillors Welsh and Valentine had referred the Committee’s decision for the determination by the Council in accordance with Standing Order 39(3).
COUNCILLOR NIELD, SECONDED BY COUNCILLOR THOMSON, MOVED THAT THIS COUNCIL AGREES:
(I) TO NOTE THE CONTENTS OF REPORT NO 427/10;
(II) TO NOTE THE OUTCOMES OF THE CONSULTATION EXERCISE UNDERTAKEN DURING DECEMBER 2009 AND JANUARY 2010;
(III) TO APPROVE THE NEXT STEPS RELATING TO PHASE ONE OF THE PROJECT, AS DETAILED IN SECTION 5 OF THE REPORT, INCLUDING A PROPOSAL TO PROVIDE A NEW PRIMARY SCHOOL LOCATED IN WEST ARBROATH TO REPLACE THE EXISTING TIMMERGREENS AND MUIRFIELD PRIMARY SCHOOLS;
(IV) TO INSTRUCT THE ACTING DIRECTOR OF EDUCATION TO BRING FORWARD A FURTHER REPORT WITH A VIEW TO UNDERTAKING A PUBLIC CONSULTATION EXERCISE IN ACCORDANCE WITH THE TERMS OF THE SCHOOLS (CONSULTATION) (SCOTLAND) ACT 2010;
(V) TO INSTRUCT THE ACTING DIRECTOR OF EDUCATION TO ESTABLISH SUITABLE AND ROBUST PROJECT MANAGEMENT ARRANGEMENTS FOR THE CONTINUED DEVELOPMENT OF THE PROJECT; AND 314
(VI) TO APPROVE THE COMMISSIONING OF THE NECESSARY PROFESSIONAL SERVICES (IN-HOUSE AND EXTERNAL) IN RELATION TO TECHNICAL ISSUES TO INFORM THE SELECTION OF THE PREFERRED SITE FOR THE NEW SCHOOL AND TO SUPPORT AN APPLICATION FOR PLANNING PERMISSION IN PRINCIPLE (BOTH PROCEDURES TO BE THE SUBJECT OF FURTHER COMMITTEE REPORTS).
Councillor Welsh, seconded by Councillor Valentine, moved as an amendment, that this Council agrees:-
(i) to note the outcomes of the consultation exercise undertaken during December 2009 and January 2010;
(ii) to reject the findings of the consultation, due to the anomalies contained within it;
(iii) to instruct the Acting Director of Education to bring forward a new Report detailing how further informal consultation could be undertaken;
(iv) to instruct the Acting Director of Education to include details of how it would ensure that participants could only vote once; and
(v) to instruct the Acting Director of Education to include details of all options available to improve the primary school estate in Arbroath and the surrounding area.
On a vote being taken, the members voted:-
For the motion:-
Provost Leslie Melville, Depute Provost Murphy, Councillors Andrews, Brown, Fairweather, Mackintosh, May, Millar, Myles, Nield, Rymer, Salmond, Thomson and Whyte (14)
For the amendment:-
Councillors Evans, Gaul, King, Lee, Morrison, Oswald, Palmer, Spink, Valentine, Welsh and West (11)
The motion was declared carried and the Council resolved accordingly.
(j) Development Standards Committee
The minute of meeting of the Development Standards Committee of 8 June 2010 was submitted and noted.
(k) Development Management Review Committee
The minute of meeting of the Development Management Review Committee of 8 June 2010 was submitted and noted.
(l) Corporate Services Committee
The minute of meeting of the Corporate Services Committee of 10 June 2010 was submitted and noted.
The Disposal of Land by Local Authorities (Scotland) Regulations 2010
With reference to Article 5 of the minute, the Council resolved to approve the Committee’s recommendation that the Financial Regulations be amended in compliance with the Disposal of Land by Local Authorities (Scotland) Regulations 2010.
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Policy on the Disposal of Surplus Land and Buildings to Support the Provision of Affordable Housing in Angus
With reference to Article 6 of the minute, the Council resolved to approve the Committee’s recommendation that the Financial Regulations be amended in accordance with the policy for the disposal of surplus land and buildings to support the provision of affordable housing in Angus.
Monifieth Town Centre Enhancements
With reference to Article 15(v) of the minute, the Director of Corporate Services indicated that a works compound was in place and the contract would commence on Monday 28 June 2010 and whilst no minute of agreement regarding agreed enhancements had been achieved with one of the site owners, this would not delay the commencement of work on the contract.
The Council resolved to note the position.
(m) Strategic Policy Committee
The minute of meeting of the Strategic Policy Committee of 15 June 2010 was submitted and noted.
(n) Civic Licensing Committee
The minute of meeting of the Civic Licensing Committee of 15 June 2010 was submitted and noted.
4. MINUTES OF BOARDS AND PARTNERSHIPS
(a) Tayside Joint Police Board
The minute of meeting of Tayside Joint Police Board of 29 March 2010 was submitted and noted.
(b) Tayside Fire and Rescue Board (Special)
The minute of the special meeting of Tayside Fire and Rescue Board of 29 March 2010 was submitted and noted.
(c) Tayside Valuation Joint Board
The minute of meeting of Tayside Valuation Joint Board of 1 February 2010 was submitted and noted.
(d) Tayside Contracts Joint Committee
The minute of meeting of Tayside Contracts Joint Committee of 15 March 2010 was submitted and noted.
(e) Tay Road Bridge Joint Board
The minute of meeting of Tayside Road Bridge Joint Board of 8 March 2010 was submitted and noted.
(f) Tayside and Central Scotland Transport Partnership
The minute of meeting of Tayside and Central Scotland Transport Partnership of 16 March 2010 was submitted and noted.
(g) Tayside Community Justice Authority
The minute of meeting of Tayside Community Justice Authority of 19 March 2010 was submitted and noted. 316
(h) Angus Licensing Board
The minute of meeting of Angus Licensing Board of 5 May 2010 was submitted and noted.
5. MOTION IN TERMS OF STANDING ORDER 24(1)
(a) Anticoagulate Poisons
Councillor Rymer had given notice of the following motion:-
“That this Council strongly opposes any further restrictions on the use of poisons for the control of vermin and instructs the Chief Executive to write to the European Commission in these terms”.
Councillor Rymer indicated that given the early stage these proposals were currently at within the European Commission he would wish to withdraw his motion.
6. REVISIONS TO STANDING ORDERS AND RELATED DOCUMENTS
With reference to Article 10 of the minute of meeting of Angus Council of 6 November 2008, there was submitted Report No 482/10 by the Director of Corporate Services making revisions to Standing Orders, the Order of Reference of Committees and the Scheme of Delegation to Officers which largely reflected changes previously approved as a result of former Council decisions.
The Report indicated that, following the last review of Standing Orders a number of significant changes had taken place within the Council’s management structure specifically in relation to Infrastructure Services and Neighbourhood Services Departments. The Report sought to incorporate these changes into the Scheme of Delegation to Officers and the Order of Reference of Committees along with updates to the Scheme of Delegation which reflected extant legislation with a number of other minor changes being proposed to the General Delegation to Directors.
In addition, the review was proposing a number of changes to Standing Orders which required the approval of the Council.
PROVOST LESLIE MELVILLE, SECONDED BY COUNCILLOR MYLES, MOVED THAT THIS COUNCIL AGREES:-
(I) TO NOTE THE CONTENTS OF THE REPORT;
(II) TO NOTE THE CHANGES TO STANDING ORDERS, THE ORDER OF REFERENCE OF COMMITTEES AND THE SCHEME OF DELEGATION TO OFFICERS WHICH HAD ALREADY BEEN APPROVED BY THE COUNCIL, AND OTHERS WHICH EITHER REFLECTED STATUTORY CHANGES OR WHICH SIMPLY FORMALISED PRESENT PRACTICES (ALL AS DETAILED IN APPENDIX 1 TO THE REPORT); AND
(III) TO APPROVE THE FURTHER REVISIONS TO STANDING ORDERS, THE ORDER OF REFERENCE OF COMMITTEES AND THE SCHEME OF DELEGATION TO OFFICERS AS HIGHLIGHTED BY AN ASTERISK IN APPENDIX 1 TO THE REPORT, TO BE EFFECTIVE FROM 25 JUNE 2010.
Councillor Oswald, seconded by Councillor Gaul, moved as an amendment, that this Council agrees:-
(i) to note the contents of the Report; and
(ii) to defer consideration of recommendations (ii) and (iii) to the Council meeting on 16 September 2010 and that meantime, a cross party working group be set up to discuss these proposals.
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On a vote being taken, the members voted:
For the motion:
Provost Leslie Melville, Depute Provost Murphy, Councillors Andrews, Brown, Fairweather, Mackintosh, May, Millar, Myles, Nield, Rymer, Salmond, Spink, Thomson and Whyte (15)
For the amendment:
Councillors Evans, Gaul, King, Lee, Morrison, Oswald, Palmer, Valentine, Welsh and West (10)
The motion was declared carried and the Council resolved accordingly
7. REVIEW OF FINANCIAL REGULATIONS SECTION 16 (PROCUREMENT ARRANGEMENTS) AND RELATED MATTERS, 2010
With reference to Article 9 of the minute of meeting of Angus Council of 6 November 2008, there was submitted Joint Report No 483/10 by the Director of Corporate Services and the Head of Finance advising members on the outcome of the full review undertaken of the Council’s Financial Regulations Section 16 (Procurement Arrangements) and recommending changes to improve the efficiency and effectiveness of these arrangements consistent with best procurement practice. The Report also outlined some other minor changes to Financial Regulations considered necessary at this time.
Having heard Councillor Oswald express concern with regard to the removal of elected member involvement in the opening of tenders above the delegated values, the Council resolved:
(i) to adopt the revised Financial Regulations Section 16 (procurement arrangements) (and related Appendix 1) as set out in Annex 1 to the Report as its standing orders for contracts in terms of Section 81 of the Local Government (Scotland) Act 1973;
(ii) to note the minor amendments to Financial Regulations that had been made under the delegated authority of the Head of Finance, as set out in Annex 2 to the Report; and
(iii) that the Head of Finance make the necessary arrangements for internal and external publicity of these revised Regulations.
8. MEDIUM TERM FINANCIAL STRATEGY 2011/2012 TO 2014/15
With reference to Article 10 of the minute of meeting of Angus Council of 25 June 2009, there was submitted Joint Report No 484/10 by the Chief Executive, the Director of Corporate Services and the Head of Finance setting out the updated medium term financial strategy for Angus Council’s General Fund services which incorporated a programme of efficiency reviews and departmental budgets savings requirements.
The Report indicated that the Council faced unprecedented financial challenges for the foreseeable future and it was therefore essential that it planned both its service provision and its finances on a medium term basis. The strategy set out in the Report was considered to provide a solid base from which to take forward to future policy development, service provision and budget setting.
The Council resolved:
(i) to note the contents of the Report and in particular the need to continue to plan over the medium term to meet the expected significant financial challenges which the Council would face in the next few years;
(ii) to approve the updated medium term financial strategy for the period 2011/12 to 2014/2015 attached as Appendix A to the Report as a basis on which to continue to take forward service planning and policy led budget setting for the period covered by the strategy;
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(iii) that additional ongoing savings to the value of £750,000 in a full financial year (which would deliver £375,000 of cash savings in 2010/11) be sought from departments (subject to such proposals being submitted for approval to the next meeting of Angus Council) in order to give the Council a head start towards addressing the substantial projected funding shortfall for the financial year 2011/12;
(iv) to note that this medium term financial strategy may require to be refined to deal with changing circumstances, in particular the impact of the Chancellor’s emergency budget of 22 June 2010; and
(v) to note the intention to continue to update the strategy on an annual basis so that the Council had a rolling four year financial strategy in place.
9. 2009/10 DRAFT UNAUDITED ACCOUNTING STATEMENTS
With reference to Article 5(a) of the minute of meeting of the Scrutiny and Audit Sub- Committee of 22 June 2010, there was submitted Joint Report No 478/10 by the Director of Corporate Services and the Head of Finance relating to the 2009/10 draft Unaudited Accounting Statements which was being submitted to the Council prior to their submission to the Controller of Audit for audit purposes.
The Report indicated that the Accounts for 2009/2010 had been concluded on time and provided a snap shot of the Council’s financial position as at 31 March 2010 and would now be subjected to the public inspection/external audit process.
The Council resolved:
(i) to note the 2009/2010 draft Accounting Statements (including the Addendum on a Single Entity and Cash Group Cash Flow Statements, as tabled);
(ii) to note that, in accordance with statutory requirements, the draft Accounting Statements would be submitted to the Controller of Audit by the 30 June deadline;
(iii) to note the budget performance commentary as set out in Section 4 of the Report; and
(iv) to note that finalised end-of-year carry forwards, in accordance with the Council’s budget carry forward scheme, would be detailed in the Report accompanying the audited Accounting Statements.
10. PROCUREMENT PROGRAMME ANNUAL REPORT 2009/10
There was submitted Report No 485/10 by the Director of Corporate Services summarising the procurement programme activities for the 2009/2010 financial year and updating the members on actual performance against the objectives included in the improved procurement strategy for 2008-2011.
The Report indicated that full achievement had been met against four out of the five programme objectives set by Tayside Procurement Consortium Councils with continuing evidence of achievement against the ongoing objective of continuous improvement. The Report highlighted procurement efficiency savings for 2009/10 of £354,000, which was 26% beyond the target set.
The Council resolved to note the contents of the Report, which had been submitted in accordance with the approved procurement objectives as contained within the Tayside Procurement Strategy 2008-2011.
11. CONSENT FOR THE ERECTION OF A GOLF PRO CENTRE AND ANCILLARY WORKS AT CARNOUSTIE GOLF COURSE, LINKS PARADE, CARNOUSTIE
Councillor Oswald having declared an interest at item 2 above, left the meeting during consideration of the following item.
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With reference to Article 8 of the minute of meeting of the Development Standards Committee of 8 June 2010, there was submitted Joint Report No 486/10 by the Director of Corporate Services and the Director of Neighbourhood Services seeking to gain Angus Council consent in its landlord capacity for the erection of a Golf Pro Centre and Changing Facilities and Associated Access and Landscaping for Carnoustie Golf Links Management Committee at Carnoustie Golf Course, Links Parade, Carnoustie.
The Council resolved to grant consent to the proposed development at Carnoustie Golf Course, Links Parade, Carnoustie.
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ANGUS COUNCIL
MINUTE of MEETING of the DEVELOPMENT STANDARDS COMMITTEE held in the Town and County Hall, Forfar on Tuesday 6 July 2010 at 10.00 am.
Present: Councillors DAVID LUMGAIR, JOHN RYMER, ALISON ANDREWS, COLIN BROWN, DAVID FAIRWEATHER, BOB MYLES and BOB SPINK.
Councillor LUMGAIR, Convener, in the Chair.
1. APOLOGIES FOR ABSENCE
Apologies for absence were intimated on behalf of Councillors Jean Lee and Ralph Palmer.
2. DECLARATIONS OF INTEREST
In terms of the Councillors' Code of Conduct the following undernoted declarations of interest were made:-
Councillor Rymer declared an interest in item 20, application No 10/00278/FULL, as he was the applicant. He indicated that he would not be taking part in the discussion and voting.
Councillor Brown declared an interest in item 16, application No 10/00535/FULL, as he was the applicant on behalf of Forfar Farmington. He indicated that he would not be taking part in the discussion and voting.
3. MINUTE OF PREVIOUS MEETING
The minute of meeting of this Committee of 8 June 2010 was approved as a correct record and signed by the Convener.
4. BUILDING WARRANTS
The Committee noted that during the period 31 May - 25 June 2010, a total of 2 Demolition Warrants, 17 Amendments to Warrants and 97 Building Warrants had been approved with an estimated cost of £6,467,306.
5. DELEGATED DECISIONS
The Committee noted that during the period 29 May to 26 June 2010, a total of 2 planning applications had been refused and 81 granted under the Scheme of Delegation to Officers.
6. LAND AT EAST MUIRHEAD OF LOGIE, LOGIE, KIRRIEMUIR
There was submitted Report No 490/10 by the Director of Infrastructure Services detailing application No 09/00667/OUT by Muirhead Estates Ltd for the renewal of planning permission, in principle for a mixed industrial development on land at East Muirhead of Logie, Logie, Kirriemuir. The application was recommended for approval.
The Committee agreed that the application be approved as detailed in the Report.
7. SITE AT DUBTON FARM, BRECHIN
There was submitted Report No 491/10 by the Director of Infrastructure Services detailing application No 09/00675/FUL by Scotia Homes for the erection of a mixed use development comprising 99 residential units and 120 square metres of retail/commercial units on a site at Dubton Farm, Brechin. The application was recommended for approval.
Slides were shown.
The Committee agreed that the application be approved, as detailed in the Report subject to the following amended condition. 321
Amended condition:-
5. That visibility sightlines of 4.5 x 120 metres be provided on each side of the proposed access at its junction with the A935 Castle Street; and that visibility sightlines of 4.5 x 70 metres be provided on each side of the proposed access at its junction with the unnumbered classified Pittendriech Road prior to the use of each respective access.
Reason:- In the interests of road traffic and pedestrian safety.
8. LAND AT TAYOCK BRIDGE, BRECHIN ROAD, MONTROSE
There was submitted Report No 492/10 by the Director of Infrastructure Services detailing application No 10/00201/FULM for Messrs Baillie and Alexander Middleton for planning permission under Section 42 of the Act to "vary the time limit conditions of the existing outline planning permission (04/00083/OUT)" on land at Tayock Bridge, Montrose. The application was recommended for approval.
The Committee agreed that the application be approved as detailed in the Report.
9. PRINCESS ALEXANDRA HOUSE, 65 DUNDEE ROAD, FORFAR
There was submitted Report No 493/10 by the Director of Infrastructure Services detailing application No 10/00138/FULM for Guide Dogs for the Blind Association for planning permission under Section 42 of the Act to "vary the time limit conditions of the existing outline planning permission (06/01149/OUT)" on land at Dundee Road, Forfar. The application was recommended for approval.
The Committee agreed that the application be approved as detailed in the Report.
10. 1 THE STEADING, NETHER DRUMGLEY, FORFAR
There was submitted Report No 494/10 by the Director of Infrastructure Services detailing application No 10/00150/FULL by Mr W MacDonald for the change of use from dwellinghouse to guest house at 1 The Steading, Nether Drumgley, Forfar. The application was recommended for approval.
Slides were shown and Mr Fraser, the objector's agent and Miss Fox, the applicant's agent, addressed the meeting.
The Committee agreed that the application be approved, as detailed in the Report.
In accordance with Standing Order 15(11)(ii), Councillor Fairweather requested that his dissent be recorded from the foregoing decision.
11. SCALLYWAGS CHILDRENS NURSERY, TAYMOUTH TERRACE, CARNOUSTIE
There was submitted Report No 495/10 by the Director of Infrastructure Services detailing application No 10/00402/FULL by Ms Jacqueline Mitchell for an extension to a building to form a baby room at Scallywags Childrens Nursery, Taymouth Terrace, Carnoustie. The application was recommended for approval.
The Committee agreed that the application be approved, as detailed in the Report.
12. AUCHTERHOUSE COMMUNITY HALL, KIRKTON OF AUCHTERHOUSE, DUNDEE
There was submitted Report No 496/10 by the Director of Infrastructure Services detailing application No 10/00486/FULL by Mr Garry Stewart for an extension to Auchterhouse Community Hall to form a store room. The application was recommended for approval.
Slides were shown and Mr Wyllie, an objector, addressed the meeting.
The Committee agreed that the application be approved, as detailed in the Report.
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The Committee further agreed that the Head of Planning and Transport write to the Acting Director of Education and the Head of Property regarding the existing store and the concerns raised in respect of children and road safety.
13. WELLBRAE PRIMARY SCHOOL, WELLBRAEHEAD, FORFAR
There was submitted Report No 497/10 by the Director of Infrastructure Services detailing application No 10/00547/LBC by Taylor Shepherd Homes for the demolition of the former Wellbrae Primary School, Wellbraehead, Forfar. The application was recommended for refusal.
Slides were shown and Mrs Ross, Mrs Taylor and Mr Lawson, objectors, addressed the meeting.
The Committee agreed that the application be refused for the reasons detailed in the Report.
14. 2 LAIRD STREET, MONIFIETH
There was submitted Report No 498/10 by the Director of Infrastructure Services detailing application No 10/00436/FULL by Angus Council Housing Division for the demolition of the former police station and erection of two dwellinghouses at 2 Laird Street, Monifieth. The application was recommended for approval.
The Committee agreed that the application be approved as detailed in the Report.
15. LOCHSIDE CARAVAN PARK, CRAIG O' LOCH ROAD, FORFAR
There was submitted Report No 499/10 by the Director of Infrastructure Services detailing application No 10/00457/FULL by Joe Sollner (The Caravan Club) for the erection of a timber framed and clad building to provide site staff with welfare facilities in respect of toilet and bathroom accommodation in association with a fenced compound for the siting of the Warden's caravan at Lochside Caravan Park, Craig o' Loch Road, Forfar. The application was recommended for approval.
The Committee agreed that the application be approved as detailed in the Report.
Councillor Brown, having declared an interest at item 2 above, left the meeting during consideration of the following application.
16. PLAYPARK, MARKET MUIR, MUIR ROAD, FORFAR
There was submitted Report No 500/10 by the Director of Infrastructure Services detailing application No 10/00535/FULL by Mr Colin Brown for the erection of a storage building at Market Muir, Muir Road, Forfar. The application was recommended for approval.
The Committee agreed that the application be approved as detailed in the Report.
17. SEATON PARK, SEATON ROAD, ARBROATH
There was submitted Report No 501/10 by the Director of Infrastructure Services detailing application No 10/00132/FULL by Mr John Barron for the reconfiguration of layout of the car boot sale and variation of condition 3 of planning permission No 00/00694/COU to allow entry to Seaton Park, Arbroath from 7.30 am. The application was recommended for approval.
The Committee agreed to defer consideration of the application in order to allow the Director of Infrastructure Services to provide further information in respect of the conditions associated with the lease placed by the landowner (the Education Authority).
18. THE GLEBE, ARBROATH
There was submitted Report No 502/10 by the Director of Infrastructure Services detailing application No 10/00554/FULL by Angus College for the extension to an existing agricultural store at The Glebe, St Vigeans, Arbroath. The application was recommended for approval.
The Committee agreed that the application be approved as detailed in the Report. 323
19. ST NINIANS SQUARE, BRECHIN
There was submitted Report No 503/10 by the Director of Infrastructure Services detailing application No 10/00427/FULL by Watson-Watt Society for the erection of a bronze statue on sandstone base and plinth at St Ninians Square, Brechin.
The Committee agreed that the application be approved as detailed in the Report.
Councillor Rymer, having declared an interest at item 2 above, left the meeting during consideration of the following application.
20. NETHER FINLARG FARM, KINCALDRUM, FORFAR
There was submitted Report No 504/10 by the Director of Infrastructure Services detailing application No 10/00278/FULL by Mr John Rymer, for the development of four industrial starter units and provision for the erection of two wind turbines at Nether Finlarg Farm, Kincaldrum, Forfar. The application was recommended for approval.
Slides were shown.
The Committee agreed that the application be approved as detailed in the Report.
21. ENFORCEMENT UPDATE
There was submitted Report No 505/10 by the Director of Infrastructure Services on the progress by the Planning and Transport service of enforcement cases which had been agreed previously by the Development Standards Committee.
The Committee agreed to hear Mr Ewart in respect of 1 Broomwell Gardens and noted his position.
The Committee thereafter agreed to note the current position with all other enforcement cases.
05_devstand_6jul_vol 101.doc 324 ANGUS COUNCIL
MINUTE of MEETING of the DEVELOPMENT MANAGEMENT REVIEW COMMITTEE held in the Canmore Room, Municipal Buildings, Forfar on Tuesday 6 July 2010 at 11.45am.
Present: Councillors DAVID LUMGAIR, JOHN RYMER, ALISON ANDREWS, DAVID FAIRWEATHER and BOB SPINK.
Also Present: GORDON PYPER, Planning Adviser, STEPHEN BROWN, Legal Adviser and ELAINE WHITTET, Committee Officer.
Councillor LUMGAIR, Convener, in the Chair.
1. APOLOGIES
There were no apologies intimated.
2. DECLARATIONS OF INTEREST
There were no declarations of interest intimated.
3. MINUTE OF PREVIOUS MEETING
The minute of meeting of this Committee of 22 June 2010 was submitted and approved as a correct record.
4. APPLICATION FOR REVIEW - 16 LINKS PARADE, CARNOUSTIE
There was submitted Report No 487/10 by the Director of Corporate Services detailing a request for a review of a decision taken by the Planning Authority in respect of the refusal of a two storey extension to the side of existing dwellinghouse and change of use to guest house at 16 Links Parade, Carnoustie.
The Committee gave consideration to the papers submitted by the applicant and the Planning Authority and determined that they had sufficient information to consider the review at this meeting.
The Committee were then advised that a Statement of Reasons for the review had been received from the applicant outwith the prescribed period. Following detailed discussion and clarification of a number of points, the Committee agreed to accept the Statement of Reasons.
Councillor Lumgair, seconded by Councillor Andrews, moved that the decision was in accordance with the Council’s Local Plan Review Policies and therefore the Director’s decision should be endorsed and the review dismissed.
COUNCILLOR SPINK, SECONDED BY COUNCILLOR RYMER, MOVED, AS AN AMENDMENT, THAT THE APPLICATION BE APPROVED FOR THE FOLLOWING REASONS:-
(I) THE PROPOSED EXTENSION BY VIRTUE OF ITS DESIGN WOULD NOT SIGNIFICANTLY ALTER THE PROPERTY IN A MANNER THAT WAS UNCHARACTERISTIC OF AN OTHERWISE DISTINCTIVE AREA OF CARNOUSTIE AND WOULD NOT RESULT IN AN EROSION OF THE CHARACTER OF THE AREA AND WAS THEREFORE NOT CONTRARY TO POLICIES S3, S6 AND SC15 OF THE ANGUS LOCAL PLAN REVIEW;
(II) THE PROPOSAL, DESPITE ITS PROXIMITY TO THE NEIGHBOURING PROPERTY AT 17 LINKS PARADE, WOULD NOT HAVE AN ADVERSE EFFECT ON THE RESIDENTIAL AMENITY OF THE PROPERTY AND THEREFORE DID COMPLY WITH POLICIES S6 AND SC15 OF THE ANGUS LOCAL PLAN REVIEW AND ADVICE NOTE 19; AND
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(III) THE PROPOSAL WOULD NOT BE CONTRARY TO POLICY S1 CRITERIA (A) AND POLICY SC20 OF THE ANGUS LOCAL PLAN REVIEW AS IT WAS COMPATIBLE WITH OTHER POLICIES OF THE LOCAL PLAN REVIEW, NAMELY POLICIES S3, S6 AND SC15.
On a vote being taken, the members voted:-
For the motion:-
Councillors Lumgair and Andrews (2)
For the amendment:-
Councillors Spink, Rymer and Fairweather (3)
The amendment was declared carried and accordingly, the review was upheld and the Director’s decision dismissed. Consequently the application was approved, subject to conditions to be submitted to the next available meeting of the Development Management Review Committee.
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ANGUS COUNCIL
MINUTE of SPECIAL MEETING of the INFRASTRUCTURE SERVICES COMMITTEE held in the Town and County Hall, Forfar on Thursday 29 July 2010 at 4.00 pm.
Present: Councillors DAVID MAY, DAVID FAIRWEATHER, IAIN GAUL, ALEX KING, JEAN LEE, IAN MACKINTOSH, JIM MILLAR, PETER MURPHY, ROBERT MYLES, HELEN OSWALD, RALPH PALMER, MARK SALMOND, ROBERT SPINK, ROB MURRAY and JOHN WHYTE.
Councillor MAY, Convener, in the Chair.
1. APOLOGIES/SUBSTITUTES
An apology for absence was intimated on behalf of Councillor Sandy West with Councillor Rob Murray substituting.
2. DECLARATION OF INTEREST
Councillor Oswald declared an interest in item 3 as the wife of a member of Carnoustie Community Council who also participated in the consultation group. She indicated that she would be taking part in discussion and voting.
3. CHRISTMAS LIGHTING
With reference to Article 23 of the minute of meeting of this Committee of 1 June 2010, there was submitted Report No 507/10 by the Director of Infrastructure Services detailing the conclusion of the consultation process which had been conducted on proposals for festive illuminations in the burgh towns and recommending approval of the recorded outcomes.
The Report indicated that the Head of Roads had contacted all Community Councils, Business Associations and Local Community Partnerships as established to seek views on the proposed display areas and had offered to meet them in conjunction with local elected members. The Roads Division had also been represented at a number of meetings with organisations, where requested, to discuss the issues which had been raised at the meeting of this Committee on 1 June 2010 and particularly the extent of the proposed displays.
The suggestions made during the consultations had been mixed, including funding of replacement equipment and the extension of the areas already considered and should this be agreed, and Common Good funding approved, it was essential that clear timescales were agreed for future year approvals, as several of the proposals had implications for future years.
The Report further indicated that, subject to the initial funding being confirmed from Common Good funds by the Corporate Services Committee for 2010/2011, the following practices be agreed for future years:-
Any Common Good funding required for replacement/additional equipment or to fund any ongoing revenue costs, to be raised as part of the annual revenue budget setting process and approved at meetings of the Special Service Committees held at the setting of the Council Tax each year, in order to facilitate purchasing in February/March.
Any community funding to be provided for replacement/additional equipment to be paid to the Council by 31 January each year.
Any community funding to be utilised for running costs to be paid to the Council by 30 June each year.
The foregoing would ensure that contracts could be organised in a timely manner for the delivery of the service during the annual festive period.
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Having heard a number of members, the Committee agreed:-
(i) to note the outcome of the consultations on Christmas lighting;
(ii) to note the suggestions made during the consultations to supplement the core Council funding, as detailed in Report No 419/10 considered by this Committee on 1 June 2010;
(iii) to approve the proposals set out in Appendix 3 of Report No 507/10 for the 2010/2011 period Christmas displays, subject to approval of Common Good funding by the Corporate Services Committee;
(iv) to instruct the Head of Roads to proceed with these displays and implementation of the policy as detailed in Report No 419/10;
(v) to approve the additional areas of lighting in Montrose being provided in 2010 only if the required funding was received from Montrose Community Council by 30 September 2010;
(vi) to approve the deadlines for approval and receipt of additional funding as set out in section 2.7 of Report No 507/10 to be applied for future years; and
(vii) to note that so far as Carnoustie was concerned, the consultative group had agreed that for this year only, the display would extend out to North Burnside Street and that the Community Council would, over the coming months, discuss the possibility of raising funds to purchase new features in February/March, during the sales period.
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ANGUS COUNCIL
MINUTE of SPECIAL MEETING of the CORPORATE SERVICES COMMITTEE held in the Town and County Hall, Forfar on Thursday 29 July 2010 at 4.30 pm.
Present: Councillors MARK SALMOND, JOHN WHYTE, DAVID FAIRWEATHER, IAIN GAUL, ALEX KING, IAN MACKINTOSH, DAVID MAY, BILL MIDDLETON, GLENNIS MIDDLETON PETER MURPHY, ROB MURRAY, BOB MYLES, PETER NIELD, HELEN OSWALD and RALPH PALMER.
Councillor SALMOND, Convener, in the Chair.
1. APOLOGIES/SUBSTITUTES
Apologies for absence were intimated on behalf of Councillors John Rymer and Sandy West, with Councillors David Fairweather and Glennis Middleton, respectively, substituting.
2. DECLARATIONS OF INTEREST
The Committee agreed to note that no declarations of interest were made.
3. COMMON GOOD FUNDS AND CHRISTMAS LIGHTING
With reference to Article 3 of the minute of the special meeting of the Infrastructure Services Committee held earlier today, there was submitted Report No 510/10 by the Chief Executive advising members of the outcome of community consultation on the provision of Christmas lighting and the potential impact on Common Good funds, together with a note of the outcome of meetings held on 27 and 28 July 2010 with local members in Brechin, Forfar, Arbroath and Montrose when local members had been given the opportunity to give their views on this matter.
The Report indicated that any proposals for Common Good funding would require to be considered as part of the 2011/2012 Revenue Budget setting process in order that a funding source would be confirmed to enable the order for lighting fixtures to be placed by February/March 2011.
The Committee, having heard from a number of members, agreed:-
i) to note the revised Christmas lighting policy which was approved by the Infrastructure Services Committee on 1 June 2010 (Article 23 refers);
ii) to note the suggestions made at the various community consultation meetings held on 27 and 28 July 2010;
iii) to approve the suggestions which had been made at these meetings, on a burgh by burgh basis, taking account of the revenue balance figures of each Common Good fund as detailed in Report No 510/10;
iv) to approve the additional funding from Common Good funds in respect of Christmas lighting for 2010/2011, including the ongoing revenue funding;
v) to note the change to existing policies on Christmas lighting and Common Good as detailed in Report No 510/10; and
vi) to instruct that a scheduled series of meetings commence as soon as possible with local members with a view to submissions being made to the budget setting meetings in February 2011.
Thereafter, members expressed thanks and appreciation to all Community Councils for their assistance and the valuable work they continued to undertake.
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ANGUS COUNCIL
MINUTE of MEETING of the DEVELOPMENT STANDARDS COMMITTEE held in the Town and County Hall, Forfar on Tuesday 10 August 2010 at 10.00 am.
Present: Councillors DAVID LUMGAIR, JOHN RYMER, ALISON ANDREWS, COLIN BROWN, DAVID FAIRWEATHER, BOB MYLES, MARK SALMOND and BOB SPINK.
Also present: Councillor IAIN GAUL
Councillor LUMGAIR, Convener, in the Chair.
1. APOLOGIES FOR ABSENCE
Apologies for absence were intimated on behalf of Councillors Lee and Palmer.
2. DECLARATIONS OF INTEREST/INTIMATIONS OF CONTACT
In terms of the Councillors' Code of Conduct the following undernoted declarations of interest/intimations of contact were made:-
Councillor Andrews advised that in relation to item 9, application No 10/00124/PPPL, she had received correspondence from the applicant’s agent regarding the previous application which had been refused under delegated powers. Councillor Andrews also declared an interest in item 10, application No. 10/00414/FULL, as she was a neighbour and knew the applicant. She advised that she would be taking part in the discussion and voting on both items.
Councillor Fairweather declared an interest in item 7, application No. 10/00592/FULL, as he knew the applicant, and in item 11, application No. 10/00132/FULL, as he had received a telephone call regarding the application and he had asked the Education Convener for a briefing on site. He advised that he would be taking part in the discussion and voting on both items.
3. MINUTE OF PREVIOUS MEETING
The minute of meeting of this Committee of 6 July 2010 was approved as a correct record and signed by the Convener.
4. BUILDING WARRANTS
The Committee noted that during the period 28 June - 30 July 2010, a total of one Staged Warrant, two Demolition Warrants, 14 Amendments to Warrants and 78 Building Warrants had been approved with an estimated cost of £4,088,076.
5. DELEGATED DECISIONS
The Committee noted that during the period 26 June to 31 July 2010, a total of 6 planning applications had been refused and 117 planning applications approved under the Scheme of Delegation to Officers.
PLANNING APPLICATIONS
6. LAND BETWEEN 55 AND 51 DUNDEE STREET, CARNOUSTIE.
There was submitted Report No. 532/10 by the Director of Infrastructure Services detailing application No. 10/00426/FULL by Angus Council Housing Division for the erection of two dwellinghouses on land between 55 and 51 Dundee Street, Carnoustie. The application was recommended for approval.
Slides were shown.
The Committee agreed that the application be approved as detailed in the Report. 330
7. SNACK BAR, WEST LINKS, QUEENS DRIVE, ARBROATH
There was submitted Report No. 524/10 by the Director of Infrastructure Services detailing application No 10/00592/FULL by Miss Jade Mitchell for a new frontage to the snack bar and external seating area at West Links, Queens Drive, Arbroath. The application was recommended for approval.
The Committee agreed that the application be approved as detailed in the Report.
8. 43 WESTFIELD PLACE, CARNOUSTIE
There was submitted Report No. 525/10 by the Director of Infrastructure Services detailing application No. 10/00657/FULL by Mrs Irene Clark for the change of use of land from public ground to private garden at 43 Westfield Place, Carnoustie. The application was recommended for approval.
The Committee agreed that the application be approved as detailed in the Report.
9. LAND 110 METRES WEST OF INGLISTON FARM, EASSIE, GLAMIS
There was submitted Report No. 526/10 by the Director of Infrastructure Services detailing application No. 10/00124/PPPL by Mr W.W. Shaw for planning permission in principle for the erection of an essential workers dwellinghouse on land west of Ingliston Farm, Eassie, Glamis. The application was recommended for refusal.
Slides were shown and Councillor Gaul, followed by Mrs Clark, the applicant’s agent, addressed the meeting.
COUNCILLOR LUMGAIR, SECONDED BY COUNCILLOR BROWN, MOVED THAT THE APPLICATION BE REFUSED FOR THE REASONS DETAILED IN THE REPORT.
Councillor Myles, seconded by Councillor Rymer, moved, as an amendment, that the application be approved subject to conditions and a Section 75 Agreement limiting the area to one house only. The reasons for approval being that the application was in accordance with Policy SC7 of the Angus Local Plan and, subject to the appropriate conditions, would not have a detrimental impact on the surrounding area and was therefore compatible with Policy ER5. It was also agreed that all other identified areas within the curtilage of the farm were unsuitable, therefore in order to allow the farming business to expand, the local plan should be set aside, in this instance only.
On a vote being taken, the members voted:-
For the motion:-
Councillors Lumgair, Brown, Fairweather, Salmond (4).
For the amendment:-
Councillors Rymer, Andrews, Myles and Spink (4).
There being an equality of votes, the Convener exercised his casting vote in favour of the motion which was accordingly declared carried, resulting in the application being refused for the reasons detailed in the Report.
10. FINAVON HOTEL, FINAVON, FORFAR
There was submitted Report No. 527/10 by the Director of Infrastructure Services detailing application No. 10/00414/FULL by Mr David Howatson for the change of use of land from agricultural to overspill car parking and incorporation of acoustic bund at the Finavon Hotel, Finavon, Forfar. The application was recommended for approval.
Slides were shown.
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The Committee agreed that the application be approved subject to the deletion of Conditions 3 and 4 as detailed in the Report.
11. SEATON PARK, SEATON ROAD, ARBROATH
With reference to Article 17 of the minute of meeting of this Committee of 6 July 2010, there was submitted Report No. 528/10 by the Director of Infrastructure Services detailing application No. 10/00132/FULL for the reconfiguration to the layout of the Car Boot Sale and variation of Condition 6 of Application No 00/00694/COU and Condition 3 of Application No 01/01249/FUL to allow for entry to the park from 07:30 hours for Mr John Barron at Seaton Park, Seaton Road, Arbroath. The application was recommended for approval.
COUNCILLOR LUMGAIR, SECONDED BY COUNCILLOR MYLES, MOVED THAT THE APPLICATION BE APPROVED AS DETAILED IN THE REPORT.
Councillor Spink, seconded by Councillor Fairweather, moved as an amendment, that the application be refused as there would be a detrimental impact on residents in the area as a result of further road traffic congestion if approved.
On a vote being taken, the members voted:-
For the motion:-
Councillors Lumgair, Rymer, Andrews and Myles (4)
For the amendment:-
Councillors Brown, Fairweather, Salmond, Spink (4)
There being an equality of votes, the Convener exercised his casting vote in favour of the motion resulting in the application being approved as detailed in the Report and with the following additional condition:-
4. That the layout of any car boot sale on the site shall be in accordance with site plan on Brunton Design Drawing 1494_D_001. In particular, there shall be no more than 130 car boot seller pitches on site at any time and that the 224 off street car parking spaces shall be reserved for customer parking and shall not be used as pitches for the selling of goods.
Reason:- In order to clarify the extent of the reconfiguration of layout provided by this permission in the interests of residential amenity and road traffic and pedestrian safety.
12. ENFORCEMENT UPDATE
There was submitted Report No 529/10 by the Director of Infrastructure Services on the progress of enforcement cases which had been agreed previously by the Development Standards Committee.
The Committee agreed to hear Mrs Belford in respect of 1 Broomwell Gardens and viewed slides of the property.
The Committee thereafter agreed to note the current position with all other enforcement cases.
13. ENFORCEMENT NOTICE DECISION - MID WHITEHILL FAULDS, KIRKTON OF AUCHTERHOUSE, DUNDEE
There was submitted Report No 530/10 by the Director of Infrastructure Services detailing the findings of the Reporter appointed by the Scottish Ministers to determine the enforcement notice appeal following breaches of planning control at Mid Whitehill Faulds, Kirkton of Auchterhouse, Dundee.
The Committee noted that appeal had been dismissed and the enforcement notice upheld subject to minor variation. 332
14. PLANNING AND ENFORCEMENT NOTICE APPEAL DECISION 21 HIGHFIELD PLACE, BIRKHILL, DUNDEE
There was submitted Report No 531/10 by the Director of Infrastructure Services detailing the findings of the Reporter appointed by the Scottish Ministers to determine the appeal against the refusal by Angus Council to grant consent for a dormer extension to a dwellinghouse and the appeal against a subsequent enforcement notice at 21 Highfield Place, Birkhill.
The Committee noted that the appeal had been dismissed, planning permission refused and the enforcement notice upheld subject to minor amendment.
15. DEVELOPMENT MANAGEMENT AND BUILDING STANDARDS CUSTOMER SATISFACTION
With reference to Article 10 of the minute of meeting of this Committee of 10 November 2009, there was submitted Report No 532/10 by the Director of Infrastructure Services which detailed the level of customer satisfaction in respect of the Development Management and Building Standards service for the period 1 October 2009 to 31 March 2010.
In respect of Building Standards, 148 responses were received of which 97% indicated a level of overall satisfaction of fairly satisfied or very satisfied. In response to individual questions, 84% of respondents considered that they had been given the advice and help they needed to submit their application, 89% considered that any queries had been dealt with promptly and 89% of respondents found the procedures associated with their application easy to understand.
In respect of Development Management, 62 responses were received, of which 74% were either fairly satisfied or very satisfied with the Development Management service. This could be broken down by category, with 70% of applicants, 73% of agents and 79% of third party representees being either fairly satisfied or satisfied. In respect of individual questions, 50% of respondents agreed that the advice given was what they required to submit their application/representation, 50% agreed that they were kept informed of the progress of the application they had an interest in, 47% felt that they were dealt with promptly, 53% considered that the Council dealt helpfully with their queries, 68% understood the reason for the decision that was made on the application they had an interest in and 61% considered that they were fairly treated and that their viewpoint was listened to.
The Committee agreed to note the contents of the Report.
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MINUTE of MEETING of the DEVELOPMENT MANAGEMENT REVIEW COMMITTEE held in the Canmore Room, Municipal Buildings, Forfar on Tuesday 10 August 2010 at 12noon.
Present: Councillors DAVID LUMGAIR, JOHN RYMER, ALISON ANDREWS, DAVID FAIRWEATHER and BOB SPINK.
Also Present: IAIN MITCHELL, Planning Adviser, STEPHEN BROWN, Legal Adviser and ELAINE WHITTET, Committee Officer.
Councillor LUMGAIR, Convener, in the Chair.
1. APOLOGIES
There were no apologies intimated.
2. DECLARATIONS OF INTEREST
There were no declarations of interest intimated.
3. MINUTE OF PREVIOUS MEETING
The minute of meeting of this Committee of 6 July 2010 was submitted and approved as a correct record.
4. APPLICATION FOR REVIEW - 16 LINKS PARADE, CARNOUSTIE
With reference to Article 4 of the minute of meeting of this Committee of 6 July 2010, there was submitted Report No 509/10 by the Director of Corporate Services detailing the conditions proposed for planning application no 10/00240/FULL, following the decision of the Development Management Review Committee to uphold the review in respect of development at 16 Links Parade, Carnoustie.
The Committee agreed the conditions as detailed in the Report.
5. APPLICATION FOR REVIEW – LAND AT THE TOLLHOUSE, FRIOCKHEIM
There was submitted Report No 508/10 by the Director of Corporate Services detailing a request for a review of a decision taken by the planning authority in respect of the refusal of the proposed change of use of land adjacent to the Tollhouse, Friockheim.
The Committee gave consideration to the paper submitted by the applicant and the planning authority and determined that they had sufficient information to consider the review at this meeting.
Detailed discussion took place on the proposal for planning consent in principle for a house plot on an area of land approximately 3,400m² in area which was located to the west of the Tollhouse, Friockheim.
COUNCILLOR LUMGAIR, SECONDED BY COUNCILLOR RYMER, MOVED THAT THE APPLICATION BE APPROVED, SUBJECT TO APPROPRIATE CONDITIONS, AS WHILST ACCEPTING THAT THE PROPOSAL WAS CONTRARY TO THE ANGUS LOCAL PLAN REVIEW IT DID, IN SPIRIT, REFLECT THE DESIRE TO GUIDE NEW HOUSING DEVELOPMENT IN THE COUNTRYSIDE TOWARDS EXISTING HOUSING IN BUILDING GROUPS AND GAP SITES, ALSO GIVEN THE CONSTRAINED NATURE OF THE SITE AND THE PROXIMITY OF ADJACENT DWELLINGHOUSES THAT, ON THIS OCCASION, THERE WAS MERIT IN ALLOWING A SINGLE PLOT DEVELOPMENT.
Councillor Spink, seconded by Councillor Andrews, moved as an amendment, that the reasons for refusal given by the Director of Infrastructure Services be upheld as detailed in the planning report on handling.
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Councillor Fairweather was of the view that a house could be located on the site as the proposed development would form a natural conclusion to the development in the area and would round off the building group which, in this instance, warranted a departure from the policies of the development plan.
The review was therefore upheld and the Director’s decision dismissed. Consequently the application was approved, subject to conditions to be submitted to the next available meeting of the Development Management Review Committee.
6. APPLICATION FOR REVIEW – 101 DUNDEE STREET, CARNOUSTIE
There was submitted Report No 511/10 by the Director of Corporate Services detailing a request for a review of a decision taken by the planning authority in respect of their refusal of a change of use from Café/Takeaway to flat at 101 Dundee Street, Carnoustie.
The Committee gave consideration to the paper submitted by the applicant and the planning authority and determined that they had sufficient information to consider the review at this meeting.
After detailed discussion the Committee concluded that subject to the issue of noise the principle of residential development was acceptable and that the proposal would be compliant with development plan policy. Therefore subject to the submission of an appropriate noise impact assessment and its subsequent implementation, the proposal would not be unacceptably affected by activity and noise from the adjoining public house and would be in accordance with the policies of the Angus Local Plan Review. Accordingly, the review was upheld and the Director’s decision dismissed. Consequently the application was approved, subject to conditions to be submitted to the next available meeting of the Development Management Review Committee.
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ANGUS COUNCIL
MINUTE of MEETING of the SOCIAL WORK AND HEALTH COMMITTEE held in the Town and County Hall, Forfar on Thursday 12 August 2010 at 4.00 pm.
Present: Councillors ALISON ANDREWS, RUTH LESLIE MELVILLE MBE, COLIN BROWN, MAIRI EVANS, DAVID FAIRWEATHER, SHEENA WELSH, IAN MACKINTOSH, JOHN RYMER, BILL MIDDLETON, GLENNIS MIDDLETON IAIN GAUL, HELEN OSWALD, PETER MURPHY, PAUL VALENTINE and JOHN WHYTE.
Councillor ANDREWS, Convener, in the Chair.
1. APOLOGIES/SUBSTITUTES
Apologies for absence were intimated on behalf of Councillors Jean Lee, David May, Rob Murray and Margaret Thomson with Councillors Sheena Welsh, John Rymer, Iain Gaul and Peter Murphy substituting respectively.
2. DECLARATIONS OF INTEREST
Councillors Bill and Glennis Middleton declared an interest in items 7 and 8 as they were volunteer drivers. They indicated that they would participate in discussion and voting on these items.
3. MINUTE OF PREVIOUS MEETING
The minute of meeting of this Committee of 20 May 2010 was approved as a correct record and signed by the Convener.
4. SOCIAL WORK AND HEALTH DEPARTMENT ANNUAL REPORT 2009/2010
With reference to Article 5 of the minute of meeting of this Committee of 13 August 2009, there was submitted Report No 514/10 by the Director of Social Work and Health advising the Committee of the production of the 2009/2010 Annual Report for the Social Work and Health Department, a copy of which was attached to the Report.
Previously, service plans had reviewed progress against the previous year's service plan but this information, together with other general and performance information about the Department would now be included in an Annual Report by each Director which would be submitted to Committee after the financial year end. The standard format had been adopted for the Annual Reports to ensure consistency of approach across the Council.
The Committee agreed:-
(i) to note the contents of the Report; and
(ii) to note the terms of the Social Work and Health Department Annual Report 2009/2010.
5. CHIEF SOCIAL WORK OFFICER'S REPORT
With reference to Article 5 of the minute of meeting of this Committee of 24 September 2009, there was submitted Report No 515/10 by the Director of Social Work and Health presenting the Chief Social Work Officer's Report for 2009/2010.
The Report indicated that the national guidance published by the Scottish Government required that a Chief Social Work Officer Report be provided to elected members on an annual basis. This was the second Chief Social Work Officer's Report provided in Angus and had been written to complement, and should be read in conjunction with, the Departmental Annual Report for 2009/2010 (Report No 514/10 refers). This Report specifically provided details as to how the Chief Social Work Officer for the Council discharged the specific statutory elements of his role.
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The Committee agreed:-
(i) to note the contents of the Report; and
(ii) to note the contents of the Chief Social Work Officer Report for 2009/2010, a copy of which was appended to the Report.
6. ANGUS CHILD PROTECTION COMMITTEE ANNUAL REPORT AND BUSINESS PLAN 2009/2010
With reference to Article 8 of the minute of meeting of this Committee of 24 September 2009, there was submitted Joint Report No 516/10 by the Chief Executive, the Director of Social Work and Health, the Acting Director of Education and the Director of Neighbourhood Services presenting the Angus Child Protection Committee Annual Report and Business Plan for 2009/2010.
The Report indicated that the Angus Child Protection Committee had been formed at local government reorganisation and the Annual Report and Business Plan, which had been circulated to all members of the Social Work and Health Committee, was the 14th one produced and detailed the work and activity of the Committee and member agencies in the field of child protection over the past year.
The Committee, for its interest, agreed:-
(i) to note the contents of the Report;
(ii) to note the contents of the Angus Child Protection Committee Annual Report and Business Plan 2009/2010; and
(iii) to commend the Director and his staff for all their hard work in the field of child protection.
7. ANNUAL REPORT ON VOLUNTEERING IN SOCIAL WORK AND HEALTH
With reference to Article 5 of the minute of meeting of this Committee of 22 May 2008, there was submitted Report No 517/10 by the Director of Social Work and Health presenting the Annual Report on volunteering in Social Work and Health.
The Report highlighted the important and valuable role played by volunteers in the provision of services within Social Work and Health. The Report also highlighted the importance of continued investment in volunteering to enable volunteers to enhance the lives of service users and to support citizens of Angus to become more empowered and to achieve personal outcomes.
The Committee agreed:-
(i) to note the contents of the Report;
(ii) to note the contents of the Annual Report on Volunteering; and
(iii) to support the continued investment in developing the role of volunteers with service users within Social Work and Health.
8. IMPACT OF VOLUNTEERING IN SOCIAL WORK AND HEALTH
There was submitted Report No 518/10 by the Director of Social Work and Health outlining the findings of an independent assessment of the impact of volunteering within Social Work and Health in Angus.
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The Report indicated that an assessment of the impact of volunteering in Social Work and Health had been undertaken by the manager of the Volunteer Centre Angus between November 2009 and March 2010. The aim of the study had been to ascertain views of the Social Work and Health Volunteer Services and to highlight areas for improvement. The Report recognised the progressive management arrangements and provided evidence of satisfaction with the existing service from volunteers, service users and staff. Areas for further improvement had been identified and were outlined within the Report, together with priorities for action.
The Committee agreed:-
(i) to note the contents of the Report; and
(ii) to commend all those involved in volunteering.
9. REVIEW OF SMOKING POLICY FOR FOSTER CARERS, ADOPTIVE PARENTS AND KINSHIP CARERS
With reference to Article 9 of the minute of meeting of this Committee of 13 August 2009, there was submitted Report No 519/10 by the Director of Social Work and Health which reviewed the implementation of a voluntary code of practice introduced in August 2009 in relation to smoking by foster carers, kinship carers and prospective adoptive parents.
The Report indicated that the voluntary code of conduct had been in operation for 12 months. It had been widely accepted by carers and had played an important part in minimising the risks of passive smoking to looked after children. The policy would be kept under review in light of any emerging medical evidence regarding the impact of passive smoking on children.
The Committee agreed to note the contents of the Report.
10. CUSTOMER SATISFACTION SURVEY
There was submitted Report No 520/10 by the Director of Social Work and Health which advised the Committee of the findings of the biennial customer satisfaction survey undertaken in March and April 2010.
The Report indicated that 96% of those who had responded to the survey were either satisfied or very satisfied with the services and support being provided. Consultation with service users ensured that services would continue to reflect the needs and wishes of the people who used them and that there was an improved and shared understanding of the desired outcomes. The feedback would be used to help improve outcomes for people who used the services and to create a greater sense of involvement and ownership.
The Committee agreed:-
(i) to note the contents of the Report including the areas for improvement; and
(ii) to note the contents of the 2010 customer satisfaction survey, a copy of which was appended to the Report.
11. THE NATIONAL DEMENTIA STRATEGY
There was submitted Report No 521/10 by the Director of Social Work and Health which advised the Committee of the publication of the National Dementia Strategy and the recommendations contained therein. The Report highlighted the progress that had been made or was planned in Angus as part of the best value review of older people’s services to meet the recommendations contained within the strategy, and advised members of the associated charter of rights for people with dementia and their carers.
The Report indicated that the strategy had been instigated following the publication of “Remember I’m Still Me”, a joint publication by the Care Commission and Mental Welfare Commission. The development of the strategy had been carried out in an inclusive way which involved partners from a range of organisations.
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The Report outlined the key recommendations of the National Dementia Strategy and the areas of priority for local authorities and NHS Boards. It also set out the existing and planned service developments for service users with dementia and their carers, which were consistent with the recommendations contained within the national strategy.
The Committee agreed:-
(i) to note the contents of the Report; and
(ii) to endorse the charter of rights for people with dementia and their carers in Scotland.
12. SELF-DIRECTED SUPPORT BILL
There was submitted Report No 522/10 by the Director of Social Work and Health which advised the Committee of the proposed Self-Directed Support Bill and the associated national strategy, and which highlighted the key recommendations contained within the Bill and the potential implications for Councils.
The Report indicated that the consultation on the draft national strategy had been published on 8 February with a closing date of 7 May 2010. The consultation period for the Self- Directed Support Bill had concluded on 23 June 2010 and the Director of Social Work and Health had submitted comments, a copy of which was appended to the Report.
The Council supported the values and principles upon which the national strategy was based and was committed to supporting the development of self-directed care. The Council supported the principles and ethos of the National Self-Directed Care Strategy, and these comments had been reflected in the response to the consultation exercise. A national implementation plan would be produced following the consultation and it was envisaged that a local implementation plan would be developed at that time.
The Committee agreed:-
(i) to note the contents of the Report;
(ii) to note the comments submitted by the Director of Social Work and Health on the Self-Directed Support Bill, a copy of which was appended to the Report; and
(iii) to instruct the Director of Social Work and Health to provide updates to this Committee as the development of the national strategy and proposed Bill progressed.
11_sw_12aug_vol 101.doc
339
ANGUS COUNCIL
MINUTE of MEETING of the CIVIC LICENSING COMMITTEE held in the Town and County Hall, Forfar on Tuesday 17 August 2010 at 6.00 pm.
Present: Councillors IAN MACKINTOSH, DAVID FAIRWEATHER, COLIN BROWN, DAVID LUMGAIR, ROB MURRAY, HELEN OSWALD, BOB SPINK and MARGARET THOMSON.
Councillor MACKINTOSH, Convener, in the Chair.
1. APOLOGIES
Apologies for absence were intimated on behalf of Councillors Mairi Evans and Mark Salmond.
2. DECLARATIONS OF INTEREST
Councillor Fairweather declared an interest in item 14(b) as he was an acquaintance of the applicant. He advised that he would not be taking part in any discussion and voting.
3. MINUTE OF PREVIOUS MEETING
The minute of meeting of this Committee of 15 June 2010 was approved as a correct record and signed by the Convener.
4. DELEGATED APPROVALS
There was submitted Report No 563/10 by the Director of Corporate Services detailing applications for licences under the Civic Government (Scotland) Act 1982 and other miscellaneous Acts, which had been granted/renewed by the Head of Law and Administration in accordance with the Scheme of Delegation appended to Standing Orders.
The Committee agreed to note the applications, detailed in the Appendix to the Report, granted/renewed under delegated powers during the period 3 June to 4 August 2010.
5. EAST SEATON FARM, ARBROATH
There was submitted Report No 564/10 by the Director of Infrastructure Services regarding an application received from Lochart Porter, for a licence to operate a temporary workers caravan site at East Seaton Farm, Arbroath.
The Committee agreed:-
(i) to grant a temporary workers caravan site licence to Lochart Porter, East Seaton Farm, Arbroath, for a site located at East Seaton Farm, Arbroath for up to 25 static caravans, the site licence to expire on 21 May 2015; and
(ii) to note that the site would operate between 1 May and 31 October each year.
6. EAST SCRYNE FARM, CARNOUSTIE
There was submitted Report No 565/10 by the Director of Infrastructure Services regarding an application received from James Porter, East Scryne Farm, Carnoustie to operate a temporary workers caravan site at East Scryne Farm, Carnoustie.
The Committee agreed:-
(i) to grant a temporary workers caravan site licence to James Porter, East Scryne Farm, Carnoustie for a site located at East Scryne Farm, Carnoustie for up to 42 static caravans, the site licence to expire on 27 May 2015; and
(ii) to note that the site would operate from 1 May to 31 October each year.
340
7. WEST SCRYNE FARM, CARNOUSTIE
There was submitted Report No 566/10 by the Director of Infrastructure Services regarding an application received from James Porter, East Scryne Farm, Carnoustie to operate a temporary workers caravan site at West Scryne Farm, Carnoustie.
The Committee agreed:-
(i) to grant a temporary workers caravan site licence to James Porter, East Scryne Farm, Carnoustie for a site located at West Scryne Farm, Carnoustie for up to 11 static caravans, the site licence to expire on 25 May 2015; and
(ii) to note that the site would operate from 1 May to 31 October each year.
8. BALHUNGIE FARM, MONIFIETH
There was submitted Report No 567/10 by the Director of Infrastructure Services regarding an application received from David Porter, Balhungie Farm, Monifieth for a licence to operate a temporary workers caravan site at Balhungie Farm, Monifieth.
The Committee agreed:-
(i) to grant a temporary workers caravan site licence to David Porter, Balhungie Farm, Monifieth for a site located at Balhungie Farm, Monifieth for up to 27 static caravans, the site licence to expire on 26 May 2015; and
(ii) to note that the site would operate from 1 May to 1 November each year.
9. AUCHRENNIE FARM, MUIRDRUM
There was submitted Report No 568/10 by the Director of Infrastructure Services regarding an application received from J P Gray & Son Ltd for a licence to operate a temporary workers caravan site at Auchrennie Farm, Muirdrum, by Carnoustie.
The Committee agreed:-
(i) to grant a temporary workers caravan site licence to J P Gray & Son Ltd. Auchrennie Farm, Muirdrum, by Carnoustie for a site located at Auchrennie Farm, Muirdrum, by Carnoustie for up to 76 static caravans, the site licence to expire on 26 May 2015; and
(ii) to note that the site would operate from 1 March to 31 October each year.
10. WOODSIDE FARM, COLLISTON
There was submitted Report No 569/10 by the Director of Infrastructure Services regarding an application received from Geddes Farm Ltd for a licence to operate a temporary workers caravan site at Woodside Farm, Colliston, by Arbroath.
The Committee agreed:-
(i) to grant a temporary workers caravan site licence to Geddes Farm Ltd, Kirkgate House, Baden Powell Road, Kirkton Industrial Estate, Arbroath for a site located at Woodside Farm, Colliston, Arbroath for up to 26 static caravans, the site licence to expire on 19 May 2015; and
(ii) to note that the site would operate from 1 February to 31 October each year.
11. MYRETON OF CLAVERHOUSE FARM, DUNDEE
With reference to Article 7 of the minute of meeting of this Committee of 25 May 2010, the Committee noted that the caravan site at Myreton of Claverhouse Farm, Dundee had been inspected on 22 July 2010. All of the outstanding matters had been rectified and the site now complied with the model standards.
341 12. EXCLUSION OF PUBLIC AND PRESS
The Committee resolved, in terms of Standing Order 27(2) that the public and press be excluded from the meeting during consideration of the following items, so as to avoid the possible disclosure of information that was exempt in terms of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973, paragraphs 3 and 6.
13. NEW APPLICATION
There was submitted Report No 570/10 by the Director of Corporate Services regarding an application received for a new licence under the Civic Government (Scotland) Act 1982 which required to be determined by the Committee, as detailed in the appendix to the Report.
(a) Private Hire Car Driver's Licence (TD11)
The Committee considered a letter of representation received from Tayside Police dated 18 June 2010 in relation to an application for a private hire car driver's licence (TD11) received on 2 June 2010.
The applicant was present and addressed the Committee.
Inspector Fiona Jarrott addressed the Committee and the applicant thereafter summed up.
The Committee agreed that the application be granted for six months only, subject to the standard conditions.
14. RENEWAL APPLICATIONS
There was submitted Report No 571/10 by the Director of Corporate Services on applications received for the renewal of licences under the Civic Government (Scotland) Act 1982 and other miscellaneous Acts which were required to be determined by the Committee, as detailed in the Appendix to the Report.
(a) Taxi Driver's Licence (TD12)
The Committee considered a letter of representation received from Tayside Police dated 18 June 2010 in relation to an application for a taxi driver's licence (TD12) received on 16 June 2010.
The applicant was present but did not address the Committee.
Inspector Fiona Jarrott addressed the Committee and gave details regarding the current conviction.
The Committee agreed that the application be renewed, subject to the standard conditions but that the applicant be given a warning of the possible consequences of any future adverse reports.
Having declared an interest at item 2 above, Councillor Fairweather left the meeting during consideration of this item.
(b) Window Cleaner's Licence (WC3)
The Committee considered a letter of objection received from Tayside Police dated 6 July 2010 in relation to the renewal of an application for a window cleaner's licence (WC3) received on 22 June 2010.
The applicant's agent was present and addressed the Committee.
Inspector Fiona Jarrott then addressed the Committee on the terms of the objection letter from Tayside Police.
342
The Committee noted that the applicant had spent convictions, outline details of which were contained within Appendix 2 to the above letter from Tayside Police and agreed, that in all the circumstances, it was in the interests of justice that Appendix 2 be circulated.
The Committee then noted the outline details of the spent convictions and it was noted that no further details were available.
The applicant's agent then summed up and the Committee agreed that the application be renewed subject to the standard conditions but that the applicant be given a warning of the possible consequences of any future adverse reports.
12_civic_17aug_vol 101.doc
343 ANGUS COUNCIL
MINUTE of MEETING of the NEIGHBOURHOOD SERVICES COMMITTEE held in the Town and County Hall, Forfar on Thursday 19 August 2010 at 4.00 pm.
Present: Councillors JIM MILLAR, COLIN BROWN, ALISON ANDREWS, MAIRI EVANS, DAVID FAIRWEATHER, DAVID MAY, BILL MIDDLETON, GLENNIS MIDDLETON, DONALD MORRISON, PETER NIELD, HELEN OSWALD, IAN MACKINTOSH, BOB SPINK, MARGARET THOMSON and SHEENA WELSH.
Councillor MILLAR, Convener, in the Chair.
1. APOLOGIES/SUBSTITUTES
An apology for absence was intimated on behalf of Councillor Mark Salmond, with Councillor Ian Mackintosh substituting.
2. DECLARATIONS OF INTEREST
The Committee agreed to note that no declarations of interest were made.
3. DEPUTATION
The Committee agreed, in accordance with Standing Order 12, to hear a deputation from Mrs Jean Smedley on behalf of Edzell Library Action Group (ELAG).
On behalf of the Edzell Library Action Group, Mrs Heather Gow and Mrs Elaine Milne indicated that ELAG would like the Committee to reinstate the public lending library in Inglis Memorial Hall, Edzell incorporating a museum idea. They felt that the historic nature of the 19th Century Inglis Memorial Hall could be used to greater advantage and suggested Edzell might become a satellite library of Brechin staffed by workers from there. They also felt that books were only one part of the library as it was also a local meeting point helping to keep the community together.
Following questions, Mrs Gow, Mrs Milne and the other members of the deputation were thanked for their attendance and withdrew to the public benches.
4. MINUTES
(a) Previous Meeting
The minute of meeting of this Committee of 27 May 2010 was approved as a correct record and signed by the Convener.
(b) Executive Sub-Committee
The minute of meeting of the Executive Sub-Committee of this Committee of 15 June 2010, a copy of which is appended hereto, was submitted and noted (APPENDIX I).
5. NEIGHBOURHOOD SERVICES DEPARTMENT ANNUAL REPORT 2009/2010
With reference to Article 6 of the minute of meeting of this Committee of 20 August 2009, there was submitted Report No 533/10 by the Director of Neighbourhood Services advising the Committee of the production of the 2009/2010 Annual Report for the Neighbourhood Services Department, a copy of which was attached to the Report.
The Committee agreed to note the contents of the Neighbourhood Services Annual Report 2009/2010. 344
6. HOUSING CAPITAL AND REVENUE BUDGET PERFORMANCE 2009/2010
With reference to Article 4 of the minute of meeting of this Committee of 15 February 2010, there was submitted Joint Report No 536/10 by the Director of Neighbourhood Services and the Director of Corporate Services setting out the final unaudited outturn of Capital, Planned Maintenance and Revenue spends to 31 March 2010 together with capital funding arrangements.
The Report advised that the actual spend achieved to 31 March 2010 on the Housing Capital Programme was £9.544 million which represented an underspend against the monitoring budget of £215,000 (2.2%) and the main reasons for this position were highlighted in Section 5 of the Report.
With regard to the Capital Funding position, the unaudited total overall net HRA capital receipts amounted to £1,536,286 for the period to 31 March 2010 and this was £56,286 over the original capital receipts budget. As a result of achieving the budgeted receipts level and the underspend on the programme, it had been possible to reduce the amount of borrowing required to fund HRA capital expenditure in 2009/2010 by £237,000.
With regard to the 2009/2010 Planned Maintenance Programme, the level of spend in respect of all elements of the HRA for the period to 31 March 2010 amounted to £1,962,000 which represented an underspend of £236,000 against the original budget of £2,198,000. The main reasons for this position were highlighted in the Report.
With regard to the 2009/2010 Revenue Budget Performance, the Revenue Budget Performance Statement was summarised in table 5 in the Report and indicated that for the period to 31 March 2010, the Housing Revenue Account showed a surplus of £304,000. Table 5 also showed that there were a number of projected over and underspends within various budget heads of the Housing Revenue Account and the main reasons for these were highlighted in Section 9 to the Report.
The Committee, for its interest, agreed:-
(i) to note the unaudited final outturn expenditure figures presented for the Housing Capital and Planned Maintenance Programmes for the period to 31 March 2010;
(ii) to note the unaudited final outturn capital receipts position for the period to 31 March 2010;
(iii) to note the Capital Programme funding arrangements; and
(iv) to note the Revenue Budget Performance Statement for the period 1 April 2009 to 31 March 2010.
7. HOUSING CAPITAL AND PLANNED MAINTENANCE PROGRAMME - HRA BLOCK - 2010/2011
With reference to Article 4 of the minute of meeting of this Committee of 27 May 2010, there was submitted Joint Report No 535/10 by the Director of Neighbourhood Services and the Director of Corporate Services setting out the actual Capital and Planned Maintenance spends to 30 June 2010 together with a project outturn for the year to 31 March 2011 and updated funding proposals.
The Report advised that the actual spend achieved to 30 June 2010 on the Housing Capital Programme was £1.441 million which equated to 15.4% of the monitoring budget of £9.353 million. It was currently projected that by the end of the 2010/2011 financial year, expenditure would be in line with the capital monitoring budget.
With regard to the 2010/2011 Planned Maintenance Programme, the level of spend in respect of all elements of the HRA for the period to 30 June 2010 was approximately £119,000 which equated to only 5% of the original budget of £2.348 million. It was anticipated at this time that by the end of the financial year, projected expenditure would be in line with the originally budgeted position.
345 The Committee, for its interest, agreed:-
(i) to note the expenditure figures presented for the Housing Capital and Planned Maintenance Programmes for the period to 30 June 2010;
(ii) to note the capital monitoring budget position;
(iii) to note the capital receipts position for the period to 30 June 2010;
(iv) to note the projected year end Capital and Planned Maintenance expenditure positions and updated indicative funding proposals; and
(v) to note that relevant officers were endeavouring to ensure that the Capital Programme and Planned Maintenance Programme remained within overall available resources.
8. COUNCIL HOUSE SALES
With reference to Article 5 of the minute of meeting of this Committee of 27 May 2010, there was submitted and noted Report No 537/10 by the Director of Corporate Services detailing individual Council house sales for the first quarter of 2010/2011 to 30 June 2010.
9. IMPROVEMENT/REPAIRS GRANT APPLICATIONS APPROVED UNDER DELEGATED AUTHORITY
With reference to Article 6 of the minute of meeting of this Committee of 27 May 2010, there was submitted and noted Report No 538/10 by the Director of Infrastructure Services advising that there had been no approvals of grant applications for improvements, repairs, windows, gutter replacements and town centre refurbishments grants for the period 1 April to 30 June 2010.
10. ARREARS UPDATE - HOUSING REVENUE ACCOUNT TENANTS
With reference to Article 7 of the minute of meeting of this Committee of 27 May 2010, there was submitted Report No 539/10 by the Director of Neighbourhood Services updating the Committee on current rent arrears levels and activities being undertaken to tackle them in Angus. The tables contained within Appendix A to the Report provided details of performance at 28 June 2010 in comparison with figures previously reported to Committee.
The Report indicated that rent arrears levels of 7.5% reported to Committee on 16 May 2010 had seen a decline to 7.25% at 28 June 2010. This showed a steady reduction of arrears despite the economic decline and the Division would continue to apply the methods which had been successful in reducing the rent arrears and use innovative methods to target groups identified likely to be in arrears. A review of the current rent arrears policy had been carried out and a report would be submitted to the next meeting of this Committee.
The Report concluded that the overall downward trend in arrears was encouraging but it was noted that further and ongoing work was being done to ensure that the momentum on tackling arrears was maintained and where further improvements could be made, these would be thoroughly investigated.
The Committee agreed:-
(i) to note the contents of the Report;
(ii) to note the current performance information, as detailed in Appendix A to the Report; and
(iii) to note the progress to date in pursuing serious arrears.
11. HOUSING SUPPORT - RECYCLED GOODS PROVISION UPDATE
There was submitted Report No 540/10 by the Director of Neighbourhood Services. However, the Committee agreed to defer consideration of this item to allow further relevant information to be submitted.
346
12. NATIONAL HOUSING TRUST - UPDATED POSITION
With reference to Article 11 of the minute of meeting of this Committee of 15 April 2010, there was submitted Report No 541/10 by the Director of Neighbourhood Services updating the Committee on the latest development on the Scottish Government’s National Housing Trust (NHT), recent Angus Council decisions and outlining further actions to be taken.
The Report concluded that the NHT, backed by Government Guarantee, represented a unique opportunity to work in partnership with the Scottish Government and developers safe in the knowledge that the Government was protecting the Council’s and the tenants’ interests through the guarantee. Participation in this scheme would generate new homes for affordable rent and possible future sale would create employment and should see applicants taken off the housing list. Given the many benefits, the Council was taking the opportunity to work with the Government to test a model of housing provision which might lead to the development of further innovation in the Angus area.
The Committee agreed:-
(i) to note the contents of the Report;
(ii) to note the updated position as detailed in the Report;
(iii) to homologate the Chief Executive’s decision to include Angus Council in the Scottish Government’s Contract Notice in the Official Journal of the European Union seeking tenders from parties interested in participating in the scheme;
(iv) to note that the requirement, via the National Housing Trust, in Angus, was for up to 50 units of housing over the next three years;
(v) to instruct the Director of Neighbourhood Services to continue to investigate the potential for the model in an Angus context and report back to Committee with regular progress reports; and
(vi) to note, in particular, that these recommendations did not at this time contractually commit the Council to the procurement process.
13. AWARD OF GRANT FUNDING FOR FURTHER PHASES OF COUNCIL HOUSE NEW- BUILD PROGRAMME
With reference to Article 11 of the minute of meeting of this Committee of 14 January 2010, there was submitted Report No 542/10 by the Director of Neighbourhood Services advising the Committee of a successful application under the Scottish Government’s Incentive New Council House Building Fund.
The Report indicated that the Scottish Government had allocated a further £25 million to help councils build houses for rent. Angus Council had submitted a bid for £30,000 per unit for 43 new homes to be constructed in three phases in Arbroath, Kirriemuir and Montrose and had been successful in securing £1.29 million funding for all 43 houses. In line with the criteria for the grant funding, Phase 4 of the new build programme aimed to deliver 11 two storey mainstream houses in Arbroath between 2010 and 2012; Phase 5 aimed to deliver 28 two storey mainstream houses in Montrose between 2011 and 2013; and Phase 6 aimed to deliver four single storey houses in Kirriemuir between 2010 and 2012.
The Council’s “in house” Property Division would provide full design and delivery consultancy services to see the project through planning, site preparation, construction and completion. The next three phases of the programme in Arbroath, Kirriemuir and Montrose provided a clear statement of intent by the Council that it was responding vigorously to calls from the community to increase provision of affordable housing across all areas of Angus suffering pressure of housing need. Specifically it would provide much needed family sized and older people’s accommodation, which in turn would free up space for people on the waiting list and contribute to tackling homelessness.
347
The Committee agreed:-
(i) to note the contents of the Report; and
(ii) to instruct the Director of Neighbourhood Services to report detailed financial options for funding arrangements at a future committee meeting as part of a revised Financial Plan, along with procurement options.
14. DISPOSAL OF AREA OF GROUND AT 18 BEECHGROVE, MONIFIETH
There was submitted Report No 543/10 by the Director of Neighbourhood Services seeking approval for the disposal of an area of hard landscaped ground at 18 Beechgrove, Monifieth.
The Committee agreed, subject to Section 12 consent being received from the Scottish Ministers and planning permission for the change of use being granted:-
(i) that the area of ground adjacent to 18 Beechgrove, Monifieth be sold to the owners of 18 Beechgrove, Monifieth for the sum of £1,000 on appropriate terms and conditions; and
(ii) that the owners of 18 Beechgrove, Monifieth be responsible for meeting all the Council’s and their own costs in connection with this matter.
15. DISPOSAL OF AREA OF GROUND AT BROTHOCK WAY, ARBROATH
There was submitted Report No 544/10 by the Director of Neighbourhood Services seeking approval for the disposal of an area of ground adjacent to 42 Brothock Way, Arbroath.
The Committee agreed, subject to Section 12 consent being received from the Scottish Ministers and planning permission for the change of use being granted:-
(i) that the area of ground adjacent to 42 Brothock Way, Arbroath be sold to the owner of 42 Brothock Way, Arbroath for the sum of £2,000 on appropriate terms and conditions; and
(ii) that the owner of 42 Brothock Way, Arbroath be responsible for meeting all the Council’s and their owns costs in connection with this matter.
16. TENANT AND COMMUNITY PARTICIPATION STRATEGY 2008-2011
With reference to Article 13 of the minute of meeting of this Committee of 29 May 2008, there was submitted Report No 545/10 by the Director of Neighbourhood Services updating the Committee on progress, developments and achievements of the Action Plan from the Tenant and Community Participation Strategy 2008/2011.
The Action Plan progress was outlined in Appendix 1 to the Report and officers were confident that local community planning teams, together with tenants, community representatives and groups, could build on the good work done so far. Over 80 meetings between tenants, community representatives and staff had been held during 2009-2010 and so far this year 52% of the aims in the Action Plan from the Strategy had been achieved.
The Committee agreed:-
(i) to note the contents of the Report; and
(ii) to note and welcome the progress, developments and achievements of the Action Plan from the Tenant and Community Participation Strategy 2008/2011.
17. HOUSING: FRESH THINKING: NEW IDEAS - A DRAFT RESPONSE
There was submitted Report No 546/10 by the Director of Neighbourhood Services setting out Angus Council’s draft response to the latest Scottish Government’s housing consultation entitled Housing: Fresh Thinking: New Ideas. 348
The Committee agreed to defer consideration of this item to allow further discussion between members and officers.
18. QUALITY IN COMMON – CONSULTATION ON A VOLUNTARY ACCREDITATION SCHEME
There was submitted Report No 547/10 by the Director of Neighbourhood Services advising the Committee on the Scottish Government’s Consultation paper on Quality In Common - Consultation on a Voluntary Accreditation Scheme which looked at improving the condition and energy efficiency of the common parts of housing in the private sector. A copy of the Council’s response was appended to the Report.
The Report indicated that the Scottish Government’s consultation paper built on previous work and positive direction of accreditation and continuous improvement within common parts of private property. The Council’s response, an amended copy of which was circulated at the meeting, positively favoured the development of a national approach to accreditation and the Council would provide further comment and participate in the development of this agenda as more details emerged.
The Committee agreed:-
(i) to note the contents of the Report; and
(ii) to homologate the response to the Scottish Government’s consultation paper on Quality in Common - Consultation on a Voluntary Accreditation Scheme.
19. WIDER PLANNING FOR AN AGEING POPULATION – HOUSING AND COMMUNITIES CONSULTATION- A DRAFT RESPONSE
There was submitted Report No 548/10 by the Director of Neighbourhood Services and following discussion, the Committee agreed to defer consideration of this item to the meeting of Angus Council on 16 September 2010.
20. ANGUS GARDEN AWARDS 2010
The Committee agreed to note that the Annual Garden Awards would be held at the Meadowbank Inn at 1.30pm on 31 August 2010 to which all members of the Committee were invited.
21. INTRODUCTION OF ADMINISTRATION FEE IN CONNECTION WITH THE SALE OF SMALL AREAS OF GROUND
There was submitted Report No 549/10 by the Director of Neighbourhood Services requesting approval for the introduction of an administration fee in connection with sales of small areas of ground held on the Housing Revenue Account.
The Report indicated that, traditionally, anyone purchasing an area of ground held on the Housing Revenue Account had been required to meet any costs the Council incurred in connection with the disposal, such as the valuation fee, the Council’s legal expenses and the cost of preparing a deed plan. An administration fee was not currently charged although each application involved a considerable amount of work, not only by staff from the Housing Division, but colleagues from Law and Administration, Property Services, Planning and Transport and Roads. Liaison with the applicants and their agents was also involved.
A cross-section of the applications received during the previous two-year period had been examined with the average purchase price of the areas of ground at £1,400. Taking into account the average number of hours to deal with each case, it was felt reasonable that the sum of £100 be charged as an administration fee for each application. The majority of applications were received from owner occupiers who did not contribute to the Housing Revenue Account and therefore it was appropriate that a fee should be charged to offset some of the staff costs involved in providing this service.
349
The Committee agreed:-
(i) to note the contents of the Report; and
(ii) to approve the introduction of an administration fee of £100 to be charged to purchasers of small areas of ground held on the Housing Revenue Account.
22. DISPOSAL OF PARK HOMES
With reference to Article 15 of the minute of meeting of this Committee of 20 November 2008, there was submitted Report No 550/10 by the Director of Neighbourhood Services relating to the disposal of two park homes in Montrose.
The Report indicated that two park homes in Montrose previously used as decant accommodation for tenants were now not required and were therefore surplus to the requirements of the Housing Division. There were no outstanding loan charges on the units and the two park homes had been advertised for sale by tender with only one offer being received from G A Murray in the sum of £3,000 for both units.
COUNCILLOR BILL MIDDLETON, SECONDED BY COUNCILLOR MILLAR, MOVED THAT THE COMMITTEE AGREES:-
(I) SUBJECT TO SECTION 12 CONSENT BEING RECEIVED FROM SCOTTISH MINISTERS THAT TWO PARK HOMES FROM THE SITE AT MONTROSE BE SOLD;
(II) THAT THE DIRECTOR OF NEIGHBOURHOOD SERVICES HOLD DISCUSSIONS WITH REPRESENTATIVES OF THE LETHAM PROJECT GROUP TO ESTABLISH WHETHER THEY HAD AN INTEREST IN PURCHASING ONE OF THE PARK HOMES;
(III) DEPENDENT ON THE OUTCOME OF THOSE DISCUSSIONS, THAT EITHER ONE OR BOTH PARK HOMES BE SOLD TO G A MURRAY WITH THE OTHER BEING SOLD TO THE LETHAM PROJECT GROUP; AND
(IV) THAT THE ABOVE PARTY/PARTIES BE WHOLLY RESPONSIBLE FOR UPLIFTING, TRANSPORTING AND OBTAINING ALL NECESSARY CONSENTS FOR THEIR RE-USE ELSEWHERE, AT NO COST TO THE COUNCIL.
Councillor Nield, seconded by Councillor Fairweather, moved, as an amendment, that the Committee agrees:-
(i) subject to Section 12 consent being received from Scottish Ministers that the two park homes from the site at Montrose be sold to G A Murray; and
(ii) that the above party be wholly responsible for dismantling, uplifting, transporting, and obtaining all necessary consents for their re-use elsewhere at no cost to the Council.
On a vote being taken, the members voted:-
For the motion:-
Councillors Millar, Brown, Evans, Bill Middleton, Glennis Middleton, Morrison, Oswald and Welsh (8).
For the amendment:-
Councillors Andrews, Fairweather, May, Nield, Mackintosh, Spink and Thomson (7).
The motion was declared carried and became the finding of the meeting.
350
23. CONVERSIONS AND ENVIRONMENTAL IMPROVEMENTS (PHASE 3), 26-40 NORAN AVENUE, ARBROATH - TENDER REPORT
With reference to Article 3 of the minute of meeting of the Executive Sub-Committee of this Committee of 15 June 2010, there was submitted Report No 551/10 by the Director of Corporate Services advising the Committee on tenders received for the conversion and modernisation of an existing two storey block of eight flats into six terraced houses at 26-40 Noran Avenue, Arbroath.
The Committee agreed:-
(i) to note the contents of the Report;
(ii) to approve the acceptance of the lowest tender for the conversion and environmental improvements (Phase 3) at 26-40 Noran Avenue, Arbroath from Hadden Construction Ltd, Aberuthven in the amount of £660,954.50;
(iii) to approve the estimated total cost of £797,906 (at outturn prices);
(iv) to note that an allowance of £801,000 for this project was contained in the Housing Financial Plan 2009/2013 as approved by the Special Neighbourhood Services Committee on 15 February 2010 (Report 127/10 refers); and
(v) to note the financial implications included in Section 6 of the Report.
24. CARE CENTRE AND SUPPORTED HOUSING, KINLOCH STREET, CARNOUSTIE - TENDER LIST AND PROCUREMENT
With reference to Article 8 of the minute of meeting of Angus Council of 25 March 2010, there was submitted Report No 552/10 by the Director of Corporate Services containing details of the contractors who it was proposed be invited to tender for the construction of a new care centre and supported housing at Kinloch Street, Carnoustie.
The Report indicated that each firm had been asked to supply information in a pre-qualification questionnaire on its capability, technical references, resources, general financial standing, health and safety record, environmental awareness, together with other relevant details.
The Committee, for its interest, agreed:-
(i) to note the contents of the Report;
(ii) to invite the undernoted six contractors to tender for the project: CCG (Scotland) Ltd, Glasgow Galliford Try Construction Ltd trading as Morrison Construction, Newmachar G & J Seddon Ltd, Glasgow Mansell Construction Services Ltd, Perth Muirfield (Contracts) Ltd, Dundee Robertson Construction Group Ltd, Stirling
(iii) to approve the undernoted two contractors be held as reserves who might be invited to tender, in sequence, should any of the six approved contractors decline the invitation:-
Morgan Ashurst plc, Edinburgh Ogilvie Construction Ltd, Stirling; and
(iv) to approve the procurement authority, as contained in Section 4 of this Report, in accordance with the process relating to a “major procurement” all in accordance with Section 16.8 of the Financial Regulations.
25. DISABLED PERSONS’ PARKING PLACES (SCOTLAND) ACT 2009
There was submitted Report No 553/10 by the Director of Neighbourhood Services summarising the staffing and financial implications for the Housing Division arising from the new Disabled Persons’ Parking Places (Scotland) Act 2009. 351
The Report indicated that the 2009 Act had gained Royal Assent on 1 April 2009 and had come into force on 1 October 2009. The purpose of the Act was to make all permanent on- street disabled persons’ parking places and, with the agreement of private land owners, all off- street disabled persons’ parking places legally enforceable. This would apply where parking bays were constructed on ground in the Housing Division’s (HRA) ownership.
The Report described the changes required to the management of disabled parking provision under the new Act and highlighted the potential resource implications for the Housing Division. A further report would be brought to Committee to detail the financial implications for the service to deliver the requirements brought about by the introduction of the Act in due course.
The Committee agreed:-
(i) to note the contents of the Report;
(ii) to note that a further report will be brought forward describing the associated financial implications, once a detailed investigation into the impact of the new Disabled Persons’ Parking Places (Scotland) Act 2009 had been completed.
26. MANAGEMENT RULES FOR NEIGHBOURHOOD SERVICES
With reference to Article 18 of the minute of meeting of this Committee of 19 November 2009, there was submitted Report No 554/10 by the Director of Neighbourhood Services requesting approval of the revised Management Rules to regulate conduct within the different service areas managed by Angus Council’s Neighbourhood Services Department.
The Report indicated that Section 112 of the Civic Government (Scotland) Act 1982 gave local authorities the power to make Management Rules to regulate (a) the use of; and (b) the conduct of persons while in or on, any land or premises owned, occupied or managed by the local authority or otherwise under its control and to which the public had access whether on payment or not. Management Rules had to be reviewed every ten years and were last reviewed in 2004. Copies of the reviewed Management Rules were appended to the Report and they covered archives, libraries, museums, theatre, country parks and open spaces, public parks, gardens, recreation grounds and leisure facilities and outdoor recreation facilities. As caravan parks were no longer managed by the Council, it was no longer appropriate to have caravan park management rules.
The Committee agreed:-
(i) to approve the implementation of the Management Rules for Neighbourhood Services, a copy of which was appended to the Report;
(ii) to instruct the Head of Law and Administration to formally execute the Management Rules by signing and arranging for them to be sealed with the Common Seal of Angus Council;
(iii) to note that the revised Management Rules would come into force on the date of their execution; and
(iv) to instruct the Director of Neighbourhood Services to ensure that copies of the appropriate Management Rules were publicly displayed in or at all facilities managed by Neighbourhood Services.
27. ACCESSING SERVICES IN RURAL AREAS
With reference to Article 15 of the minute of meeting of this Committee of 19 November 2009, there was submitted Report No 555/10 by the Director of Neighbourhood Services providing the Committee with a progress update with regard to proposals to enhance service provision in rural areas and making recommendations for further work towards the delivery of this project.
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The Report referred to the necessary replacement of the two existing mobile library vehicles and discussions which had considered the incorporation of the mobile library service into vehicles offering additional service provision. Following discussions among relevant officers, the Report brought together recommendations for vehicle specification, the procurement process and the necessary consultation with relevant Council services, Community Planning Partners and local communities.
Following a full discussion, the Committee agreed:-
(i) to note the contents of the Report;
(ii) to approve, in principle, the concept for the proposed service provision;
(iii) to approve the commencement of a public consultation process;
(iv) to approve, in principle, the vehicle specification profiles as detailed in the Report;
(v) to approve the deletion of stock reservation charges; and
(vi) to note that a further report would be brought forward following the public consultation process which would set out the detail of the financial implications and the procurement process.
28. SCOTLAND’S ZERO WASTE PLAN
With reference to Article 25 of the minute of meeting of this Committee of 19 November 2009, there was submitted Report No 556/10 by the Director of Neighbourhood Services advising the Committee of the publication of the Scottish Government’s Zero Waste Plan and its implications for Angus Council.
The Report indicated that Zero Waste Scotland would take the lead in delivering a number of actions in the Zero Waste Plan and the details of delivery would be contained in Zero Waste Scotland’s Operating Plans. The Zero Waste Plan, a copy of which had been placed in the Members’ Lounge, outlined the processes and timescales on how it was to be delivered and the Report outlined the strategic direction required to meet the long term targets of recycling 70% of all Scotland’s waste and only 5% of remaining waste ending in landfill by 2025.
The Committee agreed:-
(i) to note the contents of this Report; and
(ii) to instruct the Director of Neighbourhood Services to bring forward future reports as appropriate on delivery of the Zero Waste Plan Targets and associated funding packages.
29. 2010 APPLICATION FOR SEASIDE AWARDS
With reference to Article 21 of the minute of meeting of this Committee of 19 November 2009, there was submitted Report No 557/10 by the Director of Neighbourhood Services advising the Committee of the successful applications for Seaside Awards for Montrose Beach from Blue Flag to Resort Seaside Award, for a continued Rural Seaside Award for Carnoustie, and new awards for Lunan Bay and Arbroath West Links for award period June to September 2010.
The Report indicated that the Blue Flag programme was administered in Scotland by Keep Scotland Beautiful on behalf of the Foundation of Environmental Education (FEE). The Beach Awards and Coastal Campaigns were also administered in Scotland by Keep Scotland Beautiful in the two categories; Resort and Rural. A total of 30 criteria had to be met for the Resort Seaside Award while a minimum of 15 criteria had to be met for a Rural Seaside Award, the reason being that rural seaside award beaches were usually not developed to the same level as Resort Seaside Award beaches. For all award beaches to be eligible for entry to the awards scheme, the bathing water associated with the beach must have attained at least the mandatory standard as outlined in the Bathing Water Directive 76/160/EEC, with the results of the current season’s water quality monitoring and the standard of, at least, the previous three years, where available, being posted at the beach 353
The Committee agreed:-
(i) to note the contents of the Report;
(ii) to note the application for a Resort Seaside Award at Montrose Beach had been successful for 2010, replacing previous successful applications for a Blue Flag Award;
(iii) to note the successful application for 2010 for a Rural Seaside Award at Carnoustie Beach; and
(iv) to note the new successful applications for a Rural Seaside Award at both Lunan Bay and Arbroath West Links.
30. DEMPSTER PARK, LETHAM - PROPOSED YOUTH FACILITY
With reference to Article 22 above, there was submitted Report No 558/10 by the Director of Neighbourhood Services advising the Committee that he was entering into discussions with ‘The Basement’ Letham Youth Project Group to lease an area of ground within Dempster Park, Letham, to site a portacabin building for use as a youth centre for the Youth Project.
The Report indicated that the Letham Youth Project Group had been actively seeking a permanent youth facility while fundraising for the last four years for either a building or a plot of land within the village. However, this was proving difficult although the organisation’s committee continued to meet twice a month and the young people met weekly at the Community Learning and Development Centre at Forfar Academy. This situation was not ideal and they were keen to enter into discussions with the Council regarding the possible lease of an area of ground at Dempster Park.
The Committee agreed:-
(i) to note the contents of the Report;
(ii) to approve the Director of Neighbourhood Services entering into discussions with “The Basement” Letham Youth Project to lease an area of ground within Dempster Park, Letham to site a portacabin building approximately 18m by 4m; and
(iii) to instruct the Director of Neighbourhood Services to report back to the Committee on the outcome of these discussions.
31. SHRUB AND ROSE BED MAINTENANCE – EFFECT OF RECENT HERBICIDE LEGISLATION
There was submitted Report No 559/10 by the Director of Neighbourhood Services advising the Committee on the changes to working practices following the withdrawal of plant protection products containing the pre-emergence herbicide dichlobenil.
The Report indicated that in September 2008, EU Standing Committee on the Food Chain and Animal Health had voted for a non-inclusion of dichlobenil in Annex 1 to Council Directive 91/414/EEC, resulting in the withdrawal of authorisations for plant protection products containing dichlobenil. For over 35 years, under various trade names, this product had been an essential tool as an alternative to more labour intensive methods of weed control in the beds and borders of the Council’s parks and open spaces. Applied in February/March the product gave up to six months weed control, reducing maintenance costs dramatically. Final stocks of chemicals had been applied in early 2010 to shrub and rose beds throughout Angus and would provide complete weed control until the autumn of 2010. From Spring 2011 maintenance visits would increase from two to eight occasions per annum with emergent weeds being spot treated with approved contact herbicides.
The Committee agreed:-
(i) to note the contents of the Report; and
(ii) to acknowledge that the overall appearance of amenity areas within Angus may deteriorate. 354
32. PARKS & CEMETERIES RENEWAL AND REPAIR FUND - PROGRAMME OF WORKS 2010/2011
With reference to Article 14 of the minute of meeting of this Committee of 16 April 2009, there was submitted Report No 560/10 by the Director of Neighbourhood Services giving details of the proposed work in relation to the 2010/11 Parks & Cemeteries Renewal and Repair Fund.
The Report indicated that some works in the 2009/2010 Parks & Cemeteries Renewal and Repairs programme were not fully committed and these were set out in table (B) in the Report. These projects would be incorporated in the 2010/11 programme of works as set out in table (A).
The Committee agreed:-
(i) to note the contents of the Report;
(ii) to approve the programme of work in relation to the 2010/2011 Parks & Cemeteries Renewal and Repairs Fund as outlined in the Report; and
(iii) to note the projects carried forward from 2009/2010 Parks & Cemeteries Renewal and Repairs Fund (Report No 302/09 refers).
33. FIELDS IN TRUST SCOTLAND
There was submitted Report No 561/10 by the Director of Neighbourhood Services seeking the Committee’s views regarding an invitation from Fields in Trust Scotland to participate in the Queen Elizabeth Fields Challenge.
The Report indicated that Fields in Trust was the only independent UK wide charity dedicated to protecting and improving outdoor space for sport, play and recreation. Formed in 1925 as the National Playing Fields Association, its Patron was HRH Prince William of Wales.
The Queen Elizabeth Fields Challenge was a project to create a permanent, tangible and relevant legacy from the three landmark events scheduled to occur in the UK between 2012 and 2014, namely, Queen Elizabeth’s Diamond Jubilee 2012; London 2012 Olympics; and Commonwealth Games 2014. The Queen Elizabeth Fields Challenge aimed to create a branded network of 2012 permanently protected outdoor spaces for sport, play and recreation in communities all across the UK. There were to be 214 sites in Scotland in recognition of the Commonwealth Games in 2014.
Following discussion, the Committee agreed to participate in the Queen Elizabeth Fields Challenge.
34. ANGUS CHILD PROTECTION COMMITTEE ANNUAL REPORT AND BUSINESS PLAN 2009/10
With reference to Article 6 of the minute of meeting of the Social Work and Health Committee of 12 August 2010, there was submitted Joint Report No 516/10 by the Chief Executive, the Director of Social Work and Health, the Director of Education and the Director of Neighbourhood Services presenting the Angus Child Protection Committee Annual Report and Business Plan 2009/2010.
The Committee, for its interest, agreed to note the content of the Angus Child Protection 2009/10 Annual Report and Business Plan.
35. EXCLUSION OF PUBLIC AND PRESS
The Committee resolved, in terms of Standing Order 27(2), that the public and press be excluded during consideration of the following item, so as to avoid the possible disclosure of information which was exempt in terms of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973, paragraph 3.
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36. IMPROVEMENT/ADAPTATIONS GRANT APPLICATIONS APPROVED UNDER DELEGATED AUTHORITY
With reference to Article 9 above, there was submitted Report No 562/10 by the Director of Infrastructure Services detailing grant applications in respect of improvements and adaptations, all of which had been approved under delegated authority, for the period 1 April to 30 June 2010.
The Committee agreed to note the contents of the Report.
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APPENDIX I to the minute of meeting of the Neighbourhood Services Committee of 19 August 2010 (Article 4(b) refers)
MINUTE of MEETING of the EXECUTIVE SUB-COMMITTEE of the NEIGHBOURHOOD SERVICES COMMITTEE held in the First Floor Meeting Room, 7 The Cross, Forfar on Tuesday 15 June 2010 at 3.15 pm.
Present: Councillors JIM MILLAR, COLIN BROWN and DONALD MORRISON.
Councillor MILLAR, Convener, in the Chair.
1. APOLOGIES
There were no apologies for absence intimated.
2. DECLARATIONS OF INTEREST
The Committee agreed to note that no declarations of interest were made.
3. CONVERSIONS AND ENVIRONMENTAL IMPROVEMENTS (PHASE 3), 26-40 NORAN AVENUE, ARBROATH - TENDER LIST
There were submitted Report No 476/10 by the Director of Corporate Services containing details of the contractors who it was proposed to invite to tender for the conversion and modernisation of an existing two storey block of eight flats into six terraced houses at 26- 40 Noran Avenue, Arbroath.
The Report indicated that each firm had been asked to supply information using ConstructionLine on its history, capability, financial standing and present and future commitments, together with other relevant details.
The Sub-Committee agreed:-
(i) to note the contents of the Report;
(ii) to invite the undernoted six contractors to tender for the project:-
Bancon Construction Ltd, Banchory CCG (Scotland) Ltd, Glasgow CHAP Construction (Aberdeen) Ltd, Westhill Hadden Construction Ltd, Aberuthven Pert-Bruce Construction Ltd, Montrose Rok PLC trading as Rok Building Ltd, Glasgow; and
(iii) to approve the undernoted two contractors to be held as reserves who might be invited to tender, in sequence, should any of the six approved contractors decline the invitation:-
Stewart & Shields Ltd, Helensburgh R S Hill Joiners & Building Contractors, Forfar.
4. EXCLUSION OF PUBLIC AND PRESS
The Sub-Committee resolved, in terms of Standing Order 27(2) that the public and press be excluded during consideration of the following item, so as to avoid the possible disclosure of information which was exempt in terms of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973, paragraph 3. 357
5. RIGHT TO BUY - 65 RIVER STREET, BRECHIN - REQUEST TO CONSIDER DISREGARDIGN A BREAK IN OCCUPATION UNDER SECTION 61(10)(B)(VI) OF THE HOUSING (SCOTLAND) ACT 1987
With reference to Article 9 of the minute of meeting of the Housing Committee of 28 September 2006, there was submitted Report No 475/10 by the Director of Neighbourhood Services requesting members to consider disregarding a break in occupation of relevant properties by the tenant of 65 River Street, Brechin for the purposes of a Right to Buy application under Section 61(10)(b)(vi) of the Housing (Scotland) Act 1987.
The Sub-Committee agreed:-
(i) to note the contents of the Report; and
(ii) to disregard a break in occupation of relevant properties by the tenant of 65 River Street, Brechin under Section 61(10)(b)(vi) of the Housing (Scotland) Act 1987 to allow a previous tenancy to be taken into consideration when calculating the tenant's Right to Buy discount entitlement.
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ANGUS COUNCIL
MINUTE of MEETING of the INFRASTRUCTURE SERVICES COMMITTEE held in the Town and County Hall, Forfar on Tuesday 24 August 2010 at 4.00 pm.
Present: Councillors DAVID MAY, DAVID FAIRWEATHER, IAIN GAUL, ALEX KING, JEAN LEE, IAN MACKINTOSH, COLIN BROWN, PETER MURPHY, ROBERT MYLES, HELEN OSWALD, RALPH PALMER, DAVID LUMGAIR, ROBERT SPINK, SANDY WEST and JOHN WHYTE.
Councillor MAY, Convener, in the Chair.
1. APOLOGIES/SUBSTITUTES
Apologies for absence were intimated on behalf of Councillors Jim Millar and Mark Salmond with Councillors Colin Brown and David Lumgair, respectively, substituting.
2. DECLARATIONS OF INTEREST
Councillor Gaul declared an interest in item 14 as a member of Canmore Bowling Club. He indicated that he would not be taking part in discussion and voting and would leave the meeting during consideration of the item.
Councillor Lumgair declared an interest in item 11 as a farmer and user of feedstuffs. He indicated that he would be taking part in discussion and voting.
Councillor Mackintosh declared an interest in item 11 as a farmer and user of feedstuffs. He indicated that he would be taking part in discussion and voting.
Councillor Myles declared an interest in item 11 as a farmer and user of feedstuffs. He indicated that he would be taking part in discussion and voting.
Councillor Myles also declared an interest in item 20 as a Council appointee to the Brechin Town Heritage Project Support Group. He indicated that he would be taking part in discussion and voting.
Councillor Spink declared an interest in item 4 as he had discussed the issue of a pedestrian crossing with local residents. He indicated that he would be taking part in discussion and voting.
Councillor Spink also declared an interest in item 35 as a member of the Esk Fishery Board. He indicated that he would be taking part in discussion and voting.
Councillor West declared an interest in item 35 as a possible affected homeowner. He indicated that he would be taking part in discussion and voting.
Councillor Whyte declared an interest in item 10 as a member of Monifieth Dramatics. He indicated that he would be taking part in discussion and voting.
3. DEPUTATION - REQUEST FOR PEDESTRIAN CROSSING AT MONTROSE ROAD, ARBROATH
The Committee agreed, in accordance with Standing Order 12, to hear a deputation from residents in the Grampian Gardens area of Arbroath on the subject of the possible provision of a light controlled pedestrian crossing on the A92 Montrose Road, Arbroath adjacent to the Golden Lion garage and convenience store.
On behalf of the deputation, Mr Angus Copland addressed the meeting and urged members to consider the installation of a controlled pedestrian crossing at this location.
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He stressed the problems faced by members of the public, especially senior citizens, disabled people and school children when crossing and advised that the lack of a pedestrian crossing in this area had caused concern to local residents for some time.
Following questions, Mr Copland and the other member of the deputation were thanked for their attendance and withdrew to the public benches.
In accordance with Standing Order 36(2), the Committee agreed that the order of business be varied from that published and considered in the following order.
4. REQUEST FOR A LIGHT CONTROLLED PEDESTRIAN CROSSING, A92 MONTROSE ROAD, ARBROATH
With reference to Article 5(a) of the minute of meeting of Angus Council of 5 November 2009, there was submitted Report No 596/10 by the Director of Infrastructure Services advising members of the outcome of an investigation by the Head of Roads following concerns of residents that a light controlled crossing be provided at the A92 Montrose Road, Arbroath adjacent to the Red Lion garage and convenience store.
The Report indicated that following site surveys and investigations and based on the Council’s established policy, it was considered that a signal controlled pedestrian crossing in this area could not be supported.
Councillor Fairweather, seconded by Councillor Myles moved that the Committee agrees:-
(i) to note the contents of the Report; and
(ii) that in view of the results of the site surveys and investigations, the request for a light controlled pedestrian crossing at the A92 Montrose Road, Arbroath be not supported at this time but could be supported in future.
COUNCILLOR SPINK, SECONDED BY COUNCILLOR KING MOVED, AS AN AMENDMENT, THAT THE COMMITTEE AGREES THAT THERE EXISTS A PUBLIC SAFETY RISK ON THE A92 ADJACENT TO THE RED LION GARAGE AND STORE, ARBROATH AND THAT THE HEAD OF ROADS BE INSTRUCTED TO BRING FORWARD IN EARLY COURSE A REPORT TO THIS COMMITTEE SETTING OUT A FULLY COSTED PROPOSAL FOR THE INSTALLATION OF A LIGHT CONTROLLED CROSSING AT THIS LOCATION.
On a vote being taken, the members voted:-
For the motion:-
Councillors May, Fairweather, Brown, Murphy, Myles and Whyte (6)
For the amendment:-
Councillors Gaul, King, Lee, Oswald, Palmer, Spink and West (7)
No vote:-
Councillors Mackintosh and Lumgair.
The amendment was declared carried and became the finding of the meeting.
5. MINUTES
(a) Previous Meeting
The minute of meeting of this Committee of 1 June 2010 was approved as a correct record and signed by the Convener.
(b) Special Meeting
The minute of the special meeting of this Committee of 29 July 2010 was approved as a correct record and signed by the Convener.
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(c) Arbroath Harbour Joint Consultative Committee
The minute of meeting of the Arbroath Harbour Joint Consultative Committee of 21 May 2010, a copy of which is appended hereto, was submitted and noted (APPENDIX I).
(d) Executive Sub-Committee
The minute of meeting of the Executive Sub-Committee of 6 July 2010, a copy of which is appended hereto, was submitted and noted (APPENDIX II).
6. INFRASTRUCTURE SERVICES DEPARTMENT ANNUAL REPORT 2009/2010
With reference to Article 5 of the minute of meeting of this Committee of 25 August 2009, there was submitted Report No 572/10 by the Director of Infrastructure Services advising members of the production of the 2009/2010 Annual Report for the Infrastructure Services Department, a copy of which was appended to the Report.
The Committee agreed to note the contents of the Infrastructure Services Department Annual Report 2009/2010.
7. EAST COAST RENEWABLES
With reference to Article 20 of the minute of meeting of this Committee of 22 April 2008, there was submitted Report No 573/10 by the Director of Infrastructure Services advising members of the proposed creation of “East Coast Renewables” which was a collaborative alliance of local authorities in the east of Scotland, higher and further education establishments, Scottish Enterprise and Scottish Development International with a view to generating economic benefit and sustainability through opportunities created by renewable energy.
The Report indicated that the need to generate power through these sources was well recognised and the creation of "East Coast Renewables" would facilitate the move towards this while at the same time ensuring that the economy of the east coast of Scotland benefited to the maximum.
The Committee, having heard Councillor Gaul who stressed the importance of the Council having an equal voice on this group and Councillor Lee with regard to the maximum use of renewable energy, the Committee agreed:-
(i) to note the significant opportunities being created for Angus and the east coast of Scotland through the development of environmentally sustainable renewable energy;
(ii) to note the proposal to establish “East Coast Renewables”, being an alliance of local authorities, higher and further education establishments, Scottish Enterprise and Scottish Development International in the east coast of Scotland;
(iii) to authorise the Head of Economic Development and Environmental and Consumer Protection, in conjunction with the Head of Law and Administration, to conclude and participate in an “East Coast Renewables” agreement; and
(iv) to authorise the Convener to sign this agreement on behalf of the Council.
8. EUROPEAN REGIONAL DEVELOPMENT FUND AND EUROPEAN SOCIAL FUND – OUTLINE APPLICATIONS
With reference to Article 24 of the minute of meeting of this Committee of 20 January 2009, there was submitted Report No 574/10 by the Director of Infrastructure Services seeking approval for two stage 1 outline funding applications to be submitted to the Lowlands and Uplands Programme (European Rural Development Fund) and, if successful, the submission of two full stage 2 applications in October 2010.
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The Report indicated that in order to achieve maximum marketing and tourism impact across the east of Scotland, the undernoted work packages had been devised, most of which were of interest to rural authorities and which could be presented as a single funding bid:-
food and drink golf ancestral tourism outdoor tourism.
These themes were all tourism initiatives which were central to the Council’s Tourism Strategy, “a sustainable strategy for growth through tourism 2008 to 2012” and the project would augment work which was already taking place within the Marketing Team of the Economic Development and Environmental and Consumer Protection Division.
The Committee agreed:-
(i) to homologate the submission of stage 1 outline ERDF applications for the East of Scotland Strategic Tourism Project and the Renewable Energy Project to the European Regional Development Fund Lowlands and Uplands Programme;
(ii) to homologate the submission of a stage 1 outline Strategic Skills Pipeline Project to the European Social Fund Lowlands and Uplands Programme; and
(iii) to authorise the Director of Infrastructure Services and the Director of Corporate Services to agree the terms of Stage 2 applications in the event of the Stage 1 applications being successful, in consultation with the Head of Finance and the Conveners of the Infrastructure Services and the Corporate Services Committees.
9. EUROPEAN REGIONAL DEVELOPMENT FUND - PROJECT BID SUBMISSION, ANGUS BUSINESS PARKS
With reference to Article 12 of the minute of meeting of Angus Council of 17 September 2009, there was submitted Report No 575/10 by the Director of Infrastructure Services advising members of the results of the Council’s bid to secure European Regional Development Fund grant funding for three proposed new business parks in Angus and updating members of the current status of the proposed developments.
The Report indicated that while details of the ERDF application had been successful, no money was actually available and, while this was disappointing, finance was currently still available to develop two major business sites in the area which, if combined, would have the capacity to accommodate a number of businesses and several hundred jobs.
The Committee agreed:-
(i) to note with disappointment that European funding was unlikely to be available for three proposed new business parks in Angus; and
(ii) to note that plans were still in place to develop two new business sites in the area, budgets for which were contained within the current Financial Plan.
10. ANGUS COUNCIL COMMUNITY GRANT SCHEME – NEW APPLICATIONS
With reference to Article 8 of the minute of meeting of this Committee of 1 June 2010, there was submitted Report No 576/10 by the Director of Infrastructure Services detailing applications for grants over £1,000 and advising members of applications for grants of £1,000 or less which had been approved under delegated authority since 1 June 2010.
The Committee agreed:-
(i) to note the contents of the Report;
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(ii) to approve the following awards in respect of applications for grants over £1,000:-
Lochside Boys Football Club - £3,505.78 Auchterhouse Parish Hall Committee - £5,000; and
(iii) to note the following decisions in respect of applications for grants of £1,000 or less:-
Angus Opera Group - £800 Art Moves - £1,000 Auchterhouse Sports/Fun Day - £200 Bell Rock Audio Visual Enterprise - £670 Brechin Mechanics Society - £1,000 Forfar Chabanais Twinning Association - £500 Forfar Horticultural Society - £402 Forfar and District Garden Club - £523.57 Monifieth Amateur Dramatics - £965.84 Strathmore Pipe Band - £900 TradAngus - £369
11. FEED, FOOD AND SAFETY SERVICES PLAN 2010-2011
With reference to Article 10 of the minute of meeting of this Committee of 24 November 2009, there was submitted Report No 577/10 by the Director of Infrastructure Services advising members that the Council was required by statute to devise and implement a plan for the enforcement of the legislation relating to the essential Services of Feeding Stuffs, Food Safety and Health and Safety.
The plan, which was appended to the Report, would fulfil the Council’s legal obligations to a number of external agencies and defined the programme of work to be undertaken in these services by operational staff.
The Committee agreed:-
(i) to note the contents of the Report; and
(ii) to adopt the Feed, Food and Safety Plan 2010-2011, as appended to the Report.
12. TAYSIDE JOINT HEALTH PROTECTION PLAN
With reference to Article 22 of the minute of meeting of this Committee of 22 January 2008, there was submitted Report No 578/10 by the Director of Infrastructure Services seeking approval to issue the Tayside Joint Health Protection Plan 2010-2012.
The Report indicated that there was a requirement for local authorities to collaborate with NHS Tayside in the production of a Joint Health Protection Plan and in terms of the Public Health (Scotland) Act 2008, there was also a duty on each Health Board to produce such a plan and to consult relevant local authorities during its preparation.
Meetings had taken place between Angus, Dundee City and Perth and Kinross Councils and NHS Tayside when comments on various drafts of the plan had been shared.
The Committee agreed:-
(i) to note the contents of the Report; and
(ii) to authorise the Head of Economic Development and Environmental and Consumer Protection to formally agree to the issue of the Tayside Joint Health Protection Plan 2010-2012, a copy of which had been placed in the Members’ Lounge.
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13. MONTROSE TO NORTHWATER VIADUCT CYCLEWAY
There was submitted Report No 579/10 by the Director of Infrastructure Services seeking authority to proceed with the establishment of a combined footway/cycleway between Montrose and the Northwater Viaduct.
The Report indicated that agreement had been sought with the relevant landowners for a number of years for the establishment of a combined footway/cycleway between Montrose and St Cyrus via the Northwater Viaduct and the proposed works would provide a safe off- road link to the viaduct which would be part of the Sustrans National Cycle Route and the North Sea Cycle Route.
The provisional terms of legal agreements with the landowners had now been agreed and the project was in a position to proceed.
The Committee agreed:-
(i) to note the contents of the Report;
(ii) to authorise the Director of Infrastructure Services to proceed with the establishment of a combined footway/cycleway between Montrose and the Northwater Viaduct, as detailed in the Report, subject to the conclusion of legal agreements and receipt of planning permission;
(iii) to note that an application for planning permission would now be submitted;
(iv) to authorise the Head of Law and Administration, in consultation with the Head of Property, to conclude the legal agreements with the relevant landowners;
(v) to note that the revised capital expenditure could be met from the allocations within the Infrastructure Services 2009/2013 financial plan; and
(vi) to express thanks and appreciation to all staff concerned in satisfactorily concluding this matter
14. CONSULTATION ON PROPOSED FORFAR CONSERVATION AREA BOUNDARY AMENDMENT
Having declared an interest at item 2 above, Councillor Gaul left the meeting during consideration of this item.
With reference to Article 27 of the minute of meeting of this Committee of 25 August 2009, there was submitted Report No 580/10 by the Director of Infrastructure Services seeking authority to undertake a second public consultation on the proposed amendment to the Forfar conservation area boundary.
The Report indicated that conservation area boundary reviews, including area analysis and design guidance, would in due course be prepared for all 19 conservation areas throughout Angus which would provide stakeholders with information to assist with managing the development process and would assist with information on the built heritage of Angus.
A public consultation exercise had been undertaken in early 2010 and a summary of the responses received were appended to the Report.
The Committee agreed:-
(i) to note the contents of the Report;
(ii) to authorise the Head of Planning and Transport to undertake a second consultation exercise with the Forfar community and other stakeholders on a proposed amendment to the boundary for the Forfar Conservation Area and to report back to this Committee following completion of the consultation; and
(iii) to note the programme for future conservation area reviews.
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15. ANGUS LOCAL PLAN REVIEW - SUPPLEMENTARY PLANNING GUIDANCE IMPLEMENTATION GUIDE FOR RENEWABLE ENERGY PROPOSALS (POLICIES ER34: RENEWABLE ENERGY DEVELOPMENTS AND ER35: WIND ENERGY DEVELOPMENT) STRATEGIC ENVIRONMENTAL ASSESSMENT - SCREENING DETERMINATION
There was submitted Report No 581/10 by the Director of Infrastructure Services presenting the case for a Screening Determination arising from the response by the consultation authorities in relation to a Strategic Environmental Assessment Screening Report for an Implementation Guide for Renewable Energy proposals which were submitted to the SEA Gateway on 3 June 2010.
The Report indicated that following submission of the report and assessment of the consultation authorities’ responses, it was considered that the proposed supplementary planning guidance could have significant environmental effects and that a strategic environmental assessment of the implementation guide for renewable energy proposals should be undertaken.
The Committee agreed:-
(i) to note the responses of the Consultation Authorities to the Screening Report prepared for the Implementation Guide for Renewable Energy proposals Supplementary Planning Guidance as submitted to the SEA Gateway in June 2010 and as detailed in Appendix 1 of the Report;
(ii) to accept the majority view of the consultation authorities that the Implementation Guide for Renewable Energy Proposals Supplementary Planning Guidance could have significant environmental effects; and
(iii) to publish the Screening Determination and to undertake a Strategic Environmental Assessment as detailed in the Report.
16. ANGUS LOCAL DEVELOPMENT PLAN - COMMENCEMENT
With reference to Article 7 of the minute of meeting of this Committee of 2 March 2010, there was submitted Report No 582/10 by the Director of Infrastructure Services seeking approval to commence preparation of an Angus Local Development Plan and setting out a broad project timetable, main stages and outputs associated with preparing the new Plan.
The Report indicated that commencement of preparation of the Angus Local Development Plan provided the opportunity for the Council to review its existing Land Use Planning Policy, as set out in the adopted Angus Local Plan Review and early progress on the Angus Local Development Plan would seek to maintain an up to date and robust Land Use Planning Policy framework.
The Committee agreed:-
(i) to approve commencement of the preparation of the first Angus Local Development Plan;
(ii) to note the indicative timetable proposed for the preparation and publication of the Main Issues Report, supporting documents and other key stages of the Plan which, where possible, would be aligned with progress against the TAYplan.
(iii) to approve the arrangements detailed in the Report for initial awareness raising and stakeholder and community engagement, including early raising of issues and sites for consideration during preparation of the Local Development Plan Main Issues Report; and
(iv) to note that progress reports would be submitted to this Committee at appropriate stages.
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17. ABERDEENSHIRE LOCAL DEVELOPMENT PLAN 2010
With reference to Article 23 of the minute of meeting of this Committee of 26 August 2008, there was submitted Report No 583/10 by the Director of Infrastructure Services commenting on and suggesting the basis for the Council’s response to the proposed Aberdeenshire Local Development Plan 2010.
The Report indicated that publication of the Development Plan and associated documentation was a significant step towards preparation of replacement local planning guidance for the Aberdeenshire area. The land allocations were in line with Aberdeen City and Aberdeenshire Structure Plans and there were no significant issues for Angus Council as an adjoining local planning authority.
The Committee agreed:-
(i) to note the publication of the proposed Aberdeenshire Local Development Plan 2010;
(ii) to make no formal objection to the proposed Plan;
(iii) to urge that consideration be given to upgrading the road junction at Laurencekirk on the grounds of road safety; and
(iii) to authorise the Head of Planning and Transport and the Head of Housing to investigate opportunities for joint working in respect of delivery of housing in the North Angus and Kincardine and Mearns housing market area.
18. TREE PRESERVATION ORDERS - CONSULTATION PAPER
There was submitted Report No 584/10 by the Director of Infrastructure Services advising members that the Scottish Government was undertaking a consultation exercise in relation to new Tree Preservation Order Regulations and seeking approval of a response to the consultation.
The Report indicated that part of the Planning etc (Scotland) Act 2006 had been commenced with regard to Tree Preservation Orders which extended to Scottish Ministers a duty to ensure it was appropriate that in the granting of planning permission for any development, adequate provision was made, by the imposition of conditions, for the preservation of planting of trees.
The Committee agreed:-
(i) to note the contents of the Report;
(ii) to remove the example given in response to question 7; and
(ii) to otherwise approve the proposed response as detailed in Appendix A of the Report, as the Council’s response to the Scottish Government Tree Preservation Orders Consultation Paper.
19. RURAL SHOPS AND COMMUNITY POST OFFICE CONVERSION GRANT SCHEME - REQUEST FOR FINANCIAL ASSISTANCE - WELLBANK VILLAGE SHOP AND POST OFFICE (PART-TIME)
With reference to Article 11 of the minute of meeting of this Committee of 24 August 2006, there was submitted Report No 585/10 by the Director of Infrastructure Services advising members that the owner of Wellbank Village Shop had applied for grant assistance to undertake further internal improvements to the premises.
The Report indicated that the Rural Shops and Community Grant Scheme was designed to support a basic level of convenience shopping and facilities in rural areas as part of a strategy to maintain rural population levels.
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The owner of the Wellbank Village Shop was endeavouring to maximise the facilities and range of goods for the benefit of both the local community and the wider rural area and had applied for a grant to assist with internal improvements.
Having heard Councillors Lee and Whyte welcome the Report, the Committee agreed:-
(i) to note the contents of the Report; and
(ii) to authorise grant aid in the amount of £2,639.70 to the owner of Wellbank Village Shop, being 90% of the total cost for improvements to the shop premises, in terms of the Rural Shops and Community Post Office Grant Scheme.
20. CITY OF BRECHIN TOWNSCAPE HERITAGE INITIATIVE - UPDATE
With reference to Article 14 of the minute of meeting of this Committee of 2 June 2009, there was submitted Report No 586/10 by the Director of Infrastructure Services updating members on the progress of the City of Brechin Townscape Heritage Initiative.
The Report indicated that the Initiative was now in its third year of implementation and the partnership between Angus College and the Brechin Townscape Heritage Initiative had strengthened with a strong interest and desire being demonstrated to develop and improve traditional building skills essential for assisting in the long term sustainability of the historic buildings located in both Brechin and throughout Angus.
Having heard Councillor Myles, the Committee agreed;-
(i) to note the contents of the Report; and
(ii) to note that an invitation was extended to all members of the Council to attend the official opening of Brechin Town House on 30 August 2010.
21. MONIFIETH TOWN CENTRE ENVIRONMENTAL ENHANCEMENTS - UPDATE
With reference to Article 8 of the minute of meeting of this Committee of 13 October 2009, there was submitted Report No 587/10 by the Director of Infrastructure Services seeking authority to enter into a licence arrangement with Tesco Stores for the landscape strip along the frontage of its property in Monifieth for the purpose of incorporating the area as part of the Monifieth Town Centre Environmental Enhancements.
The Report indicated that the proposed enhancement works to this strip of ground were an important part of the overall programme of works and would help improve the appearance of Monifieth Town Centre.
Three of the four landowners had entered into legal agreements for the adoption of the land by the Council on completion of the works and the remaining owner, Tesco, had also recently agreed to the widening of the vehicular entrance/egress to its store and the installation of the refuge island with agreement that both the entrance and island were adopted by the Council.
The Committee agreed:-
(i) to note the contents of the Report;
(ii) to authorise the Head of Law and Administration to enter into a licence arrangement with Tesco for the landscape strip along the frontage of its property in Monifieth for the purposes of incorporating the area as part of the Monifieth Town Centre Environmental Enhancements; and
(iii) to instruct the Director of Infrastructure Services to update the local members on progress.
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22. LOCAL BUS SERVICES - REVIEW OF CONTRACT PRICES
With reference to Article 22 of the minute of meeting of this Committee of 25 August 2009, there was submitted Report No 588/10 by the Director of Infrastructure Services recommending a local bus service contract price increase of 2.89% with effect from 1 July 2010.
The Committee agreed to approve the award of a 2.89% contract price increase for eligible local bus service contracts, with effect from 1 July 2010.
23. RENEWAL OF LOCAL BUS SERVICE CONTRACTS
With reference to Article 6 of the minute of meeting of this Committee of 14 June 2007, there was submitted Report No 589/10 by the Director of Infrastructure Services advising members of local bus service contracts which were due for renewal in 2011 and seeking authority to procure replacement service provision.
The Report indicated that recent re-tendering had resulted in significant budgetary implications for the Council and it was considered prudent to undertake a procurement exercise to secure placement contracts for those due to terminate in 2011 to be brought forward to September 2010, to enable the results to be taken into account in the 2011/2012 budget setting process.
The Committee agreed:-
(i) to note the local bus service contracts which were due for renewal in 2011;
(ii) to authorise a re-tendering exercise to be undertaken to secure replacement service provision; and
(iii) to instruct that the outcome of the re-tendering exercise be reported to a future meeting of this Committee.
24. TRAFFIC REGULATION ORDERS
(a) Update
With reference to Article 23 of the minute of meeting of this Committee of 24 November 2009, there was submitted and noted Report No 590/10 by the Director of Infrastructure Services detailing the current stage of progress with regard to pending Traffic Regulation Orders.
(b) Proposed Alterations to Procedure
There was submitted Report No 591/10 by the Director of Infrastructure Services suggesting proposed amendments to the Council’s current process for the promotion of Traffic Regulation Orders.
The Report indicated that in order to reduce the timescale relating to the promotion of Traffic Orders, the consultation stage within the current procedure should be reduced subject to early intimation of the proposals to members and to statutory consultees.
The Committee agreed:-
(i) to approve the proposed changes to the Council’s current process relating to Traffic Regulation Orders promoted under the Road Traffic Regulation Act 1984, as detailed in the Report;
(ii) to authorise the alterations to the consultation stage as detailed in the Report; and
(iii) to approve reduction of the objection period at the publication stage from twenty eight to twenty one days.
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25. TEMPORARY TRAFFIC ORDERS
There was submitted and noted Report No 592/10 by the Director of Corporate Services advising that, at the request of the Head of Roads, nine Temporary Traffic Orders had been made as detailed in the Report.
26. MONIFIETH TOWN CENTRE TRAFFIC MANAGEMENT ARRANGEMENTS
With reference to Article 8 of the minute of meeting of this Committee of 13 October 2009, there was submitted Report No 593/10 by the Director of Infrastructure Services advising members that as a result of changes to the road network and in the interest of pedestrian, traffic safety and free traffic flow, alterations to traffic management arrangements in Monifieth Town Centre were considered appropriate and a variation of the current Traffic Regulation Order to implement these proposals was recommended.
The Committee agreed:-
(i) to note the contents of the Report; and
(ii) to homologate the decision of the Head of Roads to initiate promotion of the variation to the Traffic Regulation Order to effect essential changes to the waiting restrictions in the High Street, Monifieth.
27. ALTERATIONS TO WEIGHT LIMITS ON BRIDGES
There was submitted Report No 594/10 by the Director of Infrastructure Services recommending that a permanent Traffic Order be promoted to limit the weight of vehicles using Lunan Bridge, Lunan and Westhaven Bridge, Carnoustie.
The Report indicated that in view of either structural or environmental reasons, the weight of vehicles which they were permitted to carry required to be restricted and a permanent Order was therefore required for enforcement purposes.
The Committee agreed to authorise the promotion of a Traffic Regulation Order restricting the weight of vehicles permitted to use Lunan Bridge, Lunan and Westhaven Bridge, Carnoustie as detailed in the Report.
28. ACCIDENT INVESTIGATION PROGRAMME UPDATE: MONITORING THE OUTCOME OF WORKS AND PREVIOUSLY IDENTIFIED ACCIDENT CLUSTER SITES AND CASUALTY REDUCTION TARGETS UPDATE
With reference to Article 16 of the minute of meeting of this Committee of 24 November 2009, there was submitted Report No 595/10 by the Director of Infrastructure Services outlining the current road traffic accident situation in Angus and the progress made towards the Government’s 2010 Casualty Reduction Target. The Report also advised members of the outcome of road safety measures undertaken in recent years and identified accident cluster sites based on analysis of data for the period 2005-2007.
Having heard from a number of members who asked that more information might be made available from Tayside Police when compiling these statistics, the Committee agreed:-
(i) to note the progress which had been made towards the National 2010 Casualty Reduction Targets; and
(ii) to note the outcome of the Road Safety works carried out at accident cluster locations previously identified in Reports Nos 580/08 and 460/09.
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29. 20MPH SPEED LIMITS AT SCHOOLS: SCHOOLS WITH NO PROPOSALS FOR A 20MPH SPEED LIMIT
With reference to Article 25 of the minute of meeting of this Committee of 27 November 2007, there was submitted Report No 597/10 by the Director of Infrastructure Services updating members on schools within Angus where a decision had been taken not to introduce a 20mph speed limit and outlining the reasons for each decision.
The Report detailed the schools concerned and gave an explanation for the continuance of the view that 20mph limits were not considered appropriate or necessary.
Having heard from the Convener and a number of members the Committee agreed:-
(i) to note the contents of the Report;
(ii) to instruct the Director of Infrastructure Services to establish 20 mph speed limits for Arbirlot, Inverarity, Murroes, Stracathro, Tannadice and Tealing primary schools and Montrose Academy;
(iii) to note that the estimated cost of these works would be £70,000; and
(iv) to note that the estimated cost of £70,000 would be met from the Roads capital budget 2011/2012 subject to that budget being approved through the normal budget setting process.
30. SHORT STAY CAR PARKING IN ANGUS AND TURNOVER OF PARKING IN THE BURGH CAR PARKS
There was submitted Report No 598/10 by the Director of Infrastructure Services detailing the position with regard to car parking provision in Angus, identifying current issues particularly with short stay car parking and describing options for consideration.
The Report indicated that while car parking arrangements throughout Angus worked well, there were some concerns regarding the appropriateness of current management arrangements and the capacity to provide for sufficient turnover in some of the short stay car parks.
Various alternative methods were available to improve the management of turnover in the short stay car parks but in the absence of a regime of charging, it was more difficult to achieve that improvement in a cost effective way.
COUNCILLOR MAY, SECONDED BY COUNCILLOR MYLES, MOVED THAT THIS COMMITTEE AGREES:-
(i) TO NOTE THE CURRENT ARRANGEMENTS FOR MANAGING PUBLIC CAR PARKING IN ANGUS, BOTH LONG TERM AND SHORT TERM;
(ii) TO INSTRUCT THE HEAD OF ROADS TO ARRANGE FOR A TRIAL PERIOD OF ONE YEAR, A SYSTEM OF PARKING TICKETS TO BE DISPLAYED BY INSTALLING TICKET MACHINES WHERE TICKETS MIGHT BE PURCHASED, WITHOUT CHARGE, AS EVIDENCE OF TIME OF ARRIVAL, AS DETAILED IN THE REPORT;
(iii) TO INSTRUCT THE HEAD OF ROADS TO INTRODUCE THIS TRIAL IN ONE OFTHE SHORT STAY CAR PARKS;
(iv) TO THE LEVEL OF FINE TO BE APPLIED IN THE EVENT OF OVERSTAYING THE PRESCRIBED SHORT STAY PERIOD UP TO A FURTHER PERIOD OF ONE HOUR TO BE INCREASED FROM £6 TO £20; AND
(v) TO INSTRUCT THE HEAD OF ROADS TO PROMOTE THE NECESSARY TRAFFIC REGULATION ORDER TO ENABLE IMPLEMENTATION OF THE ABOVE.
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Councillor Gaul, seconded by Councillor Palmer moved as an amendment, that (i) (iv) and (v) above, only, be approved and that (ii) and that (iii) be discounted.
On a vote being taken, the members voted:-
For the motion:-
Councillors May, Mackintosh, Brown, Murphy, Myles, Lumgair and Whyte (7).
For the amendment:-
Councillors Gaul, King, Lee, Oswald, Palmer, Spink and West (7).
There being an equality of votes the Convener exercised his casting vote in favour of the motion.
The motion was declared carried and became the finding of the meeting.
31. DISABLED PERSONS’ PARKING PLACES (SCOTLAND) ACT 2009
With reference to Article 23 of the minute of meeting of this Committee of 2 June 2009, there was submitted Report No 599/10 by the Director of Infrastructure Services advising members of the procedures and resources required to meet the Council’s duties in relation to the Disabled Persons’ Parking Places (Scotland) Act 2009.
The Report indicated that the Act had come into effect on 1 October 2009 and placed specific duties on Roads Authorities to make mandatory and enforceable all eligible advisory disabled persons’ parking places available for use and accordingly the promotion of appropriate Traffic Regulation Orders was required.
The Committee agreed:-
(i) to note the contents of the Report;
(ii) to promote Traffic Regulation Orders to implement the requirements of the Disabled Persons’ Parking Places (Scotland) Act 2009;
(iii) to authorise promotion of further Traffic Regulation Orders on an annual basis in order to make mandatory all newly approved on street advisory disabled person parking places; and
(iv) to instruct the Head of Roads to investigate the position in Aberdeenshire with a view to clarifying the position on the provision of dedicated disabled parking spaces for householders at their properties.
32. WINTER SERVICE POLICY AND PROVISION FOR 2010/2011
With reference to Article 19 of the minute of meeting of this Committee of 1 June 2010, there was submitted Report No 600/10 by the Director of Infrastructure Services setting out the proposed winter service policy and detailing the proposed service provision for preventative salting and snow clearing during the winter period 2010/2011 in conjunction with the operational issues which had been detailed in the supplement placed in the Members’ Lounge.
The Report indicated that notwithstanding the difficulty in predicting the duration, severity and geographical distribution of winter conditions, it was necessary to have a policy and an agreed level of service to enable the planning and preparation necessary for delivery of a winter roads service. The Report also reminded members of the statutory duty imposed on the Council to take such steps as considered reasonable to keep public roads safe during adverse winter weather conditions.
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The Committee agreed:-
(i) to note the severity of the winter of 2009/10 and the out turn expenditure as detailed in Report No 414/10 Winter Maintenance Review 2009/10 Activity Review;
(ii) to adopt the policy for the winter service during the forthcoming winter as stated in Appendix 1 of Report No 600/10;
(iii) to approve the proposed arrangements for the winter 2010/11 which were broadly similar to the arrangements for 2009/2010 subject to the alterations detailed in the Report;
(iv) to note that as winter service operations could not be easily managed within the normal constraints of a cash limited budget due to the unpredictable and variable effects of winter weather, accordingly winter service expenditure would be closely monitored with any over or under-spend projected out-turn reported to this Committee as necessary along with any recommended corrective budget adjustment options;
(v) to delegate authority to the Head of Roads to deviate from the gritting/salting decision matrix and introduce salt conservation techniques as detailed in the Report if difficulties were experienced or anticipated in obtaining salt supplies;
(vi) to allow a deviation of the policy to be made at the discretion of the Head of Roads where public holidays combined with weekends over the Christmas/New Year period meant that in lengthy sub zero temperatures non-priority routes would remain untreated for up to four days at a time, by allowing such treatment as would be practicably provided in between should weather conditions so justify;
(vii) to note that a review of grit bin locations had been carried out which recommended continuing provision in accordance with the established operational practices and that greater publicity on appropriate use would be provided to the public;
(viii) to consultation being undertaken with local members by Roads staff on appropriate locations for the deployment of grit bins in each of the wards for the forthcoming winter in accordance with the principles established in the operational practices;
(ix) to note that greater clarity would be set out in promotional information that treatment times did not mean continuous operation over the hours of cover but rather that treatment be provided within the stated times to prevent, as far as considered reasonably practicable, snow and ice endangering the safe passage of pedestrians and vehicles over public roads and footways;
(x) to the addition of the U338 Auchterhouse Brae to a weekend auxiliary route given the altitude of the area and the number of properties served, subject to finding a suitable turning area for the vehicle, at an additional average cost of £1,000 per annum;
(xi) to add the short section of unadopted road between the adopted road end at Braedownie (Glen Clova) and the Rangers’ Centre to the 7 day a week auxiliary route at an anticipated average yearly cost of £1,500 as detailed in the Report;
(xii) to note the continuing use of “red” diesel for agricultural tractors for treatment subject to continued approval by Her Majesty’s Revenue and Customs and payment of the relevant fuel duty; and
(xiii) to note that expressions of interest had been received from weather forecasters and that tenders were currently being sought for the necessary weather forecasting service.
33. AUTUMN FLOOD EVENTS - FOLLOW UP INTERIM REPORT
With reference to Article 18 of the minute of meeting of this Committee of 19 January 2010, there was submitted Report No 601/10 by the Director of Infrastructure Services providing an update on the work undertaken on the sites listed in the Appendix to Report No 51/10 as
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considered by this Committee on 19 January 2010, which set out the issues following the flooding events in Angus during the autumn of 2009.
The Report indicated that works were ongoing to address routine maintenance issues and progress to date on consideration of the circumstances which resulted in flooding during the autumn of 2009 were detailed in the Appendix to the Report.
The Report also indicated that the Head of Roads would continue to review the various flood sites with a view to undertaking work of a routine or small to medium capital nature and identify actions to be recommended separately to mitigate the risk of future flooding occurrences.
In response to a question, the Head of Roads confirmed that as much preventative action as possible was being taken to clean drain pits and gullies.
The Committee agreed:-
(i) to note the background and action taken to date with regard to those sites known to have suffered flood problems during the specific flood events which occurred during the period September to December 2009;
(ii) to note the ongoing reviews with regard to all these flood sites as set out in the Appendix to the Report; and
(iii) to note that a further Report would be submitted in due course on work yet to be undertaken and would make recommendations for such future action as might be identified through that work.
34. ARBROATH FLOODING STRATEGY
With reference to Article 26 of the minute of meeting of this Committee of 3 June 2008, there was submitted Report No 602/10 by the Director of Infrastructure Services updating members on proposals for the combination of the Brothock Water Flood Alleviation Scheme and the Victoria Park and West Links, Arbroath Sea Wall Scheme, in order that a joint strategy might be developed to deal with potential flooding within Arbroath.
The Report indicated that combination of these projects would enable the Roads Division to deliver a flooding strategy for the Arbroath area and increase the protection to current standards while also addressing the condition of the existing sea wall and parapet at Victoria Park/West Links. The Report also advised that combination of the projects would enable delivery on site to be either carried out in one project or be delivered over a number of phases which would alleviate potential flooding in Arbroath.
Having heard Councillor King who urged that discussions should take place with local people on this issue, the Committee agreed:-
(i) to note the contents of the Report
(ii) to authorise the Head of Roads to combine the Brothock Flood Alleviation Scheme and the Victoria Park and West Links Sea Wall projects in order that a risk based flooding strategy be developed for Arbroath;
(iii) to authorise expansion of the scope of the strategy to encompass the harbour and "Fit of the Toon” areas and the potential for flooding within this area;
(iv) to authorise the Head of Roads to develop a brief in order to invite expressions of interest from specialist consultants to assist in the development of a flooding strategy for Arbroath; and
(v) to authorise the Head of Roads to carry out all the required steps of a Strategic Environmental Assessment for the Arbroath flooding strategy up to the point of its adoption by the Council to ensure compliance with the requirements of the Environmental Assessment (Scotland) Act 2005.
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35. BRECHIN FLOOD ALLEVIATION SCHEME SOUTH ESK – UPDATED POSITION
With reference to Article 13 of the minute of meeting of Angus Council of 5 November 2009, there was submitted Report No 603/10 by the Director of Infrastructure Services providing an update on the progress being made on the proposed Flood Alleviation Scheme for the River South Esk at Brechin and making recommendations with respect to the progression of various associated matters.
The Report indicated that development of a scheme for the protection of parts of Brechin from flooding from the River South Esk had developed to a stage where the Flood Prevention Scheme required to be progressed.
COUNCILLOR MYLES, SECONDED BY COUNCILLOR WEST, MOVED THAT THIS COMMITTEE AGREES:-
(I) TO NOTE THE CURRENT STATE OF DEVELOPMENT OF THE PROJECT, INCLUDING THE FINDINGS WITH RESPECT TO THE PRELIMINARY INVESTIGATIONS OF ALTERNATIVE DESIGNS TO OFFER PROTECTION TO ALTERNATIVE AREAS AND TO A LESSER RETURN PERIOD (LEVEL OF PROTECTION);
(II) TO NOTE THE CURRENT POSITION WITH REGARD TO CORRESPONDENCE WITH SCOTTISH MINISTERS AND SCOTTISH WATER REGARDING THE INTERDEPENDENCY OF THE PROPOSALS FOR FLOOD ALLEVIATION, AND TO INSTRUCT THE HEAD OF ROADS TO CONTINUE TO PURSUE A DEFINITIVE POSITION STATEMENT FROM SCOTTISH WATER WITH REGARD TO THEIR APPARATUS;
(III) TO NOTE THE FINANCIAL IMPLICATIONS AS SET OUT IN SECTION 4 OF THE REPORT AND THAT THE FUNDING OF THIS SCHEME WOULD REQUIRE FURTHER CONSIDERATION WHEN INFORMATION BECAME AVAILABLE REGARDING FUTURE FUNDING FOR FLOOD PREVENTION SCHEMES LOCATED IN ANGUS;
(IV) TO PROMOTE A FLOOD PREVENTION SCHEME UNDER THE FLOOD PREVENTION (SCOTLAND) ACT 1961 PRIOR TO SEPTEMBER 2010 AND CONSISTENT WITH THE CURRENTLY ENVISAGED SCOPE OF THE SCHEME;
(V) TO PROGRESS A PLANNING APPLICATION FOR THE WORKS SCHEME FOLLOWING ON FROM THE FLOOD PREVENTION SCHEME AND CONSISTENT WITH THE PROPOSED SCHEME ONLY WHEN ACCEPTABILITY OF THE SCHEME WAS AFFIRMED THROUGH THE STATUTORY PROCESS, THE AFFORDABILITY OF THE PROJECT HAD BEEN DETERMINED AND THE REQUIRED FUNDING FOR THE PROJECT HAD BEEN CONFIRMED;
(VI) TO INSTRUCT THE HEAD OF ROADS TO COMMISSION FURTHER DETAILED HYDRAULIC MODELLING AND DRAINAGE STUDIES OF THE BRECHIN CITY DRAINAGE SYSTEM FOLLOWING ON FROM THE FLOOD PREVENTION SCHEME TO ALLOW DESIGN SOLUTIONS TO BE FULLY DEVELOPED WHICH WERE LIKELY TO AFFECT SCOTTISH WATER’S DRAINAGE SYSTEM;
(VII) TO NOTE THE DESIGN CONSIDERATIONS COVERING FLOOD DEFENCE DESIGN, PRELIMINARY ASSESSMENT OF ALTERNATIVE APPROACHES TO THE FLOODING ISSUES AND SHORT TERM FLOOD PROTECTION MEASURES;
(VIII) TO INSTRUCT THE HEAD OF ROADS TO GIVE CONSIDERATION TO THE PHASING OF THE WORKS TO MEET THE REQUIREMENTS OF THE PLANNING APPROVAL, AFFORDABILITY AND FUNDING, TO MAXIMISE THE LEVEL OF PROTECTION FROM EACH PHASE OF WORKS AND TO MINIMISE ANY DETRIMENTAL IMPACTS ON OTHER AREAS, WHICH HAD NOT YET AT EACH STAGE OF IMPLEMENTATION BEEN AFFORDED PROTECTION;
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(IX) TO INSTRUCT THE HEAD OF ROADS TO PROGRESS THE SHORT-TERM PROTECTION MEASURES ONCE THEIR SIGNIFICANCE HAD BEEN ASSESSED AND FUNDING AND RESOURCES WERE AVAILABLE, AS DETAILED IN THE REPORT; AND
(X) TO INSTRUCT THE HEAD OF ROADS TO INVESTIGATE MORE EFFECTIVE AND REALISTIC OPTIONS FOR THE REMOVAL OF THE ESTABLISHED GRAVEL BANK.
Councillor Spink, seconded by Councillor Gaul moved as an amendment, that the recommendations in the Report, being (i) to (ix) above, inclusive, be approved, together with (x) being that removal of the gravel bank was not considered to be value for money or merit further progress due to the impact on the Special Area of Conservation and associated governing legislation.
On a vote being taken, the members voted:-
For the motion:-
Councillors May, Lee, Mackintosh, Brown, Murphy, Myles, Oswald, Palmer, Lumgair, West and Whyte (11).
For the amendment:-
Councillors Gaul, King and Spink (3).
The motion was declared carried and became the finding of the meeting.
36. MONTROSE BEACH STUDY - UPDATE
With reference to Article 13 of the minute of meeting of this Committee of 16 October 2007, there was submitted Report No 604/10 by the Director of Infrastructure Services updating members on the progress of research currently being undertaken by the University of Dundee on behalf of the Council and the Scottish Government into the dynamics of the beach at Montrose.
The Report indicated that increased knowledge and understanding of the coastal processes within Montrose Bay would allow the second phase of the project to be progressed in looking at possible relatively low cost interventions, including demonstration projects with a view to slowing down the rate of erosion currently being experienced at Montrose.
The Committee agreed:-
(i) to note the findings of the Phase 1 Report entitled “Morphodynamics of Montrose Bay and Implications for Coastal Management” which had been prepared for the Council by the University of Dundee;
(ii) to instruct the Head of Roads to enter into formal discussions with the Montrose Port Authority with regard to the findings of the Phase 1 Report; and
(iii) to instruct the Head of Roads to re-convene the stakeholder meetings to discuss the findings of the Phase 1 Report and the proposals of the next phase of this project.
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APPENDIX I to the minute of meeting of the Infrastructure Services Committee of 24 August 2010 (Article 5(c) refers)
Minute of Meeting of the ARBROATH HARBOUR JOINT CONSULTATIVE COMMITTEE held in Room A, Bruce House, Arbroath on Friday 21 May 2010 at 3.00pm.
Present: Council Representatives:
Councillors JIM MILLAR, DONALD MORRISON and ROBERT SPINK.
Harbour Users' Representatives:
PAUL SIMPSON (substitute for HARRY SIMPSON) (Boatbuilders/Repairers); ALAN RUSSELL (RNLI); CLARK ROSS (Leisure Craft Owners); and CLIVE WEDGE (Arbroath Sailing and Boating Club).
Apologies: Apologies for absence were intimated on behalf of Councillors DAVID MAY, DAVID FAIRWEATHER and SHEENA WELSH and ALEX SMITH (Arbroath Fishermen’s Association) and HARRY SIMPSON (Boatbuilders/Repairers).
Councillor MILLAR, Convener, in the Chair.
1. CONSTITUTION
With reference to Article 7 of the minute of meeting of this Committee of 20 November 2009, it was noted that the Infrastructure Services Committee at its meeting held on 19 January 2010, had agreed that as the Royal National Lifeboat Institution had a significant presence at Arbroath Harbour through its Lifeboat Station, the Institution be invited to become a member of this Consultative Committee.
The Institution had accepted the invitation and had nominated Mr Alan Russell as their representative who was in attendance and on behalf of the Committee, the Convener welcomed Mr Russell to the meeting.
As a consequence, the Committee also noted that the representation from Arbroath Fisherman’s Association was now reduced to one, being the President of that Association and the constitution of the Joint Consultative Committee was being amended accordingly.
2. MINUTE OF PREVIOUS MEETING
The minute of meeting of this Joint Consultative Committee of 20 November 2009 was submitted and approved as a correct record.
3. ARBROATH HARBOUR – SPRING REPORT
There was submitted Report No 390/10 by the Director of Infrastructure Services detailing ongoing operations at Arbroath Harbour since November 2009, outlining plans for future programmes of works and discussing contemporary matters of relevance to harbour activities.
The Committee agreed to note and approve the contents of the Report as follows:-
(a) Administrative Matters
(i) Financial Update to end of March 2010
The unaudited financial statement for the period to the end of March 2010, notwithstanding some over spend in property costs due to higher than normal energy costs in the financial year 2009/2010 and an increased income, showed the overall position broadly in line with the budget provision.
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(ii) Port Marine Safety Code
With reference to Article 2.1 (b) of the minute of meeting of this Committee of 20 November 2009, it was reported that there had not been a need for a formal inspection so far this year as all the points raised at the last inspection had been addressed and rectified. The Harbourmaster had been dealing with any minor issues as they arose over the past year.
A full joint safety inspection would be undertaken following the installation of the fuel dispensing facility in the summer of 2010.
Officers had recently received the revised Port Marine Safety Code which was the first significant revision to this code since it was developed and officers were reviewing the implications with a view to reporting back to this Committee in due course.
(iii) Revision of Harbour Charges – Biennual review of Charges for Implementation in April 2010
With reference to Article 2.1 (c) of the minute of meeting of this Committee of 20 November 2009, it was reported that the Infrastructure Services Committee on 19 January 2010 had approved the charges for 2010/2011 which remained unchanged from 2009/2010 and had now been implemented.
The next review of charges would be undertaken in Autumn 2010 which might consider reverting back to a biennual review or continuing with the annual review, as undertaken over the past two years.
(iv) Oil Spill Contingency Planning and Response
With reference to Article 2.1(d) of the minute of meeting of this Committee of 20 November 2009, it was reported that there had been no further significant pollution incidents in the harbour since then.
All harbour staff had appropriate oil spill certificates which were due for renewal between March and May 2011. The Harbourmaster had an On Scene Commander’s Certificate (MCA Level 4/5), the Senior Harbour Assistant had an On Scene Commander’s Certificate (MCA Level 4) and the Harbour Assistants both had an MCA Level 1 in Oil Response Familiarisation.
All harbour staff were to attend a one day refresher course prior to the expiry dates to ensure their certification remained valid and next year it was proposed that the two Harbour Assistants would attend the course in order to attain an MCA Level 2 Certificate.
The Council continued to retain the services of a specialist contractor to deal with higher level pollution incidents should they occur.
(v) Control of Organotins
With reference to Article 2.1 (e) of the minute of meeting of this Committee of 20 November 2009, it was noted that in all tests to date from the inner and outer harbours and the wash down waters from the recycling system at the slipway, the levels of organotins had been acceptably low.
Tests had also been undertaken on silt samples from the inner basin, the outer basin and slipway with results from recent sampling, along with the e- coli results from the recycled water all acceptably low.
(vi) Scottish Ports Meeting
With reference to Article 2.1 (f) of the minute of meeting of this Committee of 20 November 2009, it was reported that the next Scottish Ports Committee meeting was to be held in Aberdeen on 18 June 2010 with the Harbourmaster proposing to attend.
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The minute of the Scottish Port meeting of 11 March 2010 were available for inspection in the harbour office.
(vii) Safer Ports Initiative 2
With reference to Article 2.1 (g) of the minute of meeting of this Committee of 20 November 2009, it was reported that Safer Port Initiative 2 had been discussed at the last meeting of the Scottish Ports Committee and that Port Skills and Safety had almost completed its road show events.
A rollout of its third model would possibly be available in 2011.
(viii) Arbroath SEAFEST
With reference to Article 2.1 (h) of the minute of meeting of this Committee of 20 November 2009, several meetings were planned in the near future with the event organisers and emergency services to consider this year's event which was scheduled for the weekend 21 and 22 August 2010.
(ix) Maritime and Coastguard Agency –Forth to Border and Tayside/North Fife Sub Committee
With reference to Article 2.1 (i) of the minute of meeting of this Committee of 20 November 2009, it was reported that while no indication had been received from the Agency of any meetings to be held in the near future, the Harbourmaster would attend any meetings which might be convened and he would advise members of relevant developments.
(x) Visiting Craft Numbers
With reference to Article 2.1 (j) of the minute of meeting of this Committee of 20 November 2009, it was reported that the numbers of visiting craft to the harbour from 1 April 2009 to 31 March 2010 was 224 which represented an increase of 23% from the previous year.
This was a very positive trend and after hearing Mr Wedge, the Committee agreed that the Head of Roads should investigate with neighbouring authorities the possibility of a “Rover” ticket being introduced.
4. ENGINEERING MATTERS
(i) Inner Harbour Gates
With reference to Article 2.2 (a) of the minute of meeting of this Committee of 20 November 2009 it was reported that there had been no problems in operating the harbour gates since that date.
The opening and closing times of the gates had recently moved to the summer schedule with times routinely posted outside the Harbourmaster’s office and on the security gate leading on to the pontoons, which were generally posted one month in advance.
Following a request by Arbroath Sailing and Boating Club the Head of Roads had agreed to consider occasions throughout the months of June, July and August when it would be possible to extend the opening times of the harbour gates until 9.45pm and fourteen occasions throughout this three month period had been identified where this was possible.
These arrangements had now been agreed between the Head of Roads and the Club and on behalf of the Club Mr Wedge expressed thanks and appreciation for this.
(ii) Pontoon Berths
With reference to Article 2.2 (b) of the minute of meeting of this Committee of 20 November 2009, it was reported that the pontoon berths continued to be well used and were currently at maximum capacity. 378
The Head of Roads had written to all concerned on the pontoon berthing waiting list explaining the low turnover for pontoon berthing and inviting them to contact the Harbourmaster to ascertain the position and decide whether they wished to remain on the list as overall numbers on the waiting list remained high with forty eight people.
A more comprehensive review addressing all the dated criteria surrounding the waiting list would be undertaken at the time of the review of charges in Autumn 2010.
(iii) Structural Works in Inner and Outer Harbour Including West Breakwater Repairs
With reference to Article 2.2 (c) of the minute of meeting of this Committee of 20 November 2009, capital funding was earmarked in the provisional capital budget submission for future works on the main breakwaters and other structures as part of an on-going programme of repair works to the harbour infrastructure.
These works would include defects or storm damage repair work to both the south and west breakwaters and accelerated low water corrosion investigation works to the inner harbour steel piling.
(iv) Maintenance Dredging Operations
With reference to Article 2.2 (d) of the minute of meeting of this Committee of 20 November 2009, it was noted that the dredger, “Shearwater” from Moray Council had arrived in Arbroath on 7 November 2009 and completed the dredging operations on 11 December 2009.
All areas identified by the Harbourmaster in conjunction with harbour users had been addressed and in total 7,210 cubic metres of silt had been removed.
Samples of dredgings were only required biennially and as samples were taken in 2008, the next due to be tested would be during the 2010 dredging operations.
The dredging for 2010, which would be the third year of the three year dredging contract with Moray Council, was proposed for November 2010 and discussions were ongoing with Moray Council to programme the visit of the dredger at that time.
In this connection Mr Russell referred to a build up of silt at the bottom of the slipway as the dredger did not appear to remove this and it was agreed that the Head of Roads would investigate the position having regard to tidal issues and appropriate plant.
(v) Ladders and Handrails
With reference to Article 2.2 (e) of the minute of meeting of this Committee of 20 November 2009, it was reported that a phased programme of installing handrails and repairs to steps continued with funding from the Roads and Transport Renewal and Repairs Fund, 2009/2010.
Harbour staff would continue to undertake a monthly inspection of the ladders and handrails in liaison with harbour users and priority would be given to the most used items identified in the inspection.
(vi) Stainless Steel Tie Rails
With reference to Article 2.2 (g) of the minute of meeting of this Committee of 20 November 2009, it was reported that the Head of Roads had received quotations to carry out replacement of the stainless steel tie rails around the outer harbour in front of the fish market at black shed and down to the slipway bridge.
The new tie rails which had a more robust design with a circular upstand were now in the process of being fabricated and would be installed within the next few months.
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5. FUTURE PROGRAMME OF WORKS
5.1 Infrastructure Repairs
(i) Accelerated Low Water Corrosion
With reference to Article 3.1 (a) of the minute of meeting of this Committee of 20 November 2009, it was reported that Iicorr Ltd. had undertaken the first year maintenance inspection of the sacrificial anodes of the cathodic protection system installed in the harbour gates and from the findings, it was evident that the gates were being protected by the system with the next inspection due in March 2011.
A second cathodic protection system had been installed on the sheet piles on the oil dispensing pier at the harbour which had been completed by Iicorr Ltd. on 16 March 2010. Initial readings after installation confirmed that the sacrificial cathodic protection system was protecting the sheet piles and associated steelwork.
It was proposed that the condition of all other steel piles within the inner harbour be assessed and if further protection systems were required, it was proposed that a future cathodic protection programme be developed and implemented, consistent with available funding.
(ii) West Breakwater Masonry Repairs
With reference to Article 3.1 (b) of the minute of meeting of this Committee of 20 November 2009, it was reported that severe weather conditions had delayed any inspection work over the winter period.
Inspections of the work carried out last year were currently been undertaken by the Roads Division and would continue during the summer months with defects or storm damage found on the West Breakwater to be repaired as part of the proposed contract for the South Breakwater.
(iii) South Breakwater
With reference to (ii) above, it was noted that the Roads Division was currently working on the design of necessary repair work to the South Breakwater with a view to work commencing on site in 2010/2011, with details to be reported to the Infrastructure Services Committee at the earliest possible date.
(iv) Oil Dispensing Facilities and Storage Compounds
With reference to Article 3.2 of the minute of meeting of this Committee of 20 November 2009, it was reported that the Council was acting to comply with the Water Environment (Oil Storage) (Scotland) Regulations 2006 and the Water Environment and Water Services (Scotland) Act 2003 by installing a new fuel dispensing facility in the harbour which would be managed by the harbour staff.
The Council had been successful in their bid for funding from the European Fisheries Fund and a contract to install the new fuel dispensing facility and storage compounds had been awarded to Tayside Contracts with work being programmed to commence immediately.
(v) Crew Room
With reference to Article 3.3 of the minute of meeting of this Committee of 20 November 2009, it was reported that the Council had been successful in its bid to the European Fisheries Fund for a grant to assist with financing provision of a separate “Crew Room” facility for leisure craft users.
380
A brief had been passed to the Council’s Property Services Division to produce a detailed design and cost estimate for the Crew Room facility within part of the existing fish market.
(vi) Potential Programme
With reference to Article 3.5 of the minute of meeting of this Committee of 20 November 2009, the Committee noted the proposed works to be undertaken in the harbour during 2010/2011 and the budget available.
Following a request from the Convener the members of the committee agreed to discuss the options available with their own organisations and report back to the Head of Roads with a view to identifying the priorities.
6. OTHER ISSUES
(i) Northern Lighthouse Board
The Northern Lighthouse Board had indicated that a status report on down time of any of the harbour lights was only required to be reported to this Committee once on an annual basis and details would be reported in November 2010.
(ii) Workplace Inspections
With reference to Article 4.2 of the minute of meeting of this Committee of 20 November 2009, it was reported that the follow up inspections after upgrading of the electrical systems in the harbour office, store and staff messing area was now scheduled to be undertaken in June 2010.
(iii) Additional Signing
At the request of Arbroath Sailing and Boating Club, an additional sign had been placed on the quayside at ladder 11 warning users of bilge keel boats to take care when berthing at low tide as there was the presence of a low shelf at the base of the quay.
(iv) Memorial Plaque
It was noted that a plaque had been unveiled at the harbour by Provost Ruth Leslie Melville on 31 March 2010 to commemorate the nine Arbroath fishermen who had lost their lives during the great storm of 31 March 1887.
The unveiling was attended by local elected members, representatives of this Committee and family members of the deceased who had also attended a short reception at the Webster Theatre thereafter.
7. DATE OF NEXT MEETING
It was agreed that the next meeting be held on Friday 19 November 2010 at 3.00pm in Bruce House, Arbroath.
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APPENDIX II to the minute of meeting of the Infrastructure Services Committee of 24 August 2010 (Article 5(d) refers)
MINUTE of MEETING of the EXECUTIVE SUB-COMMITTEE of the INFRASTRUCTURE SERVICES COMMITTEE held in the First Floor Meeting Room, 7 The Cross, Forfar on Tuesday 6 July 2010 at 9.30 am.
Present: Councillors DAVID FAIRWEATHER, BOB MYLES and IAIN GAUL.
Councillor FAIRWEAHTER, Vice-Convener, in the Chair.
1. APOLOGIES/SUBSTITUTES
An apology for absence was intimated on behalf of Councillor David May with Councillor Bob Myles substituting.
2. DECLARATIONS OF INTEREST
The Sub-Committee agreed to note that no declarations of interest were made.
3. MINUTE OF PREVIOUS MEETING
The minute of meeting of this Sub-Committee of 25 March 2010 was approved as a correct record and signed by the Vice-Convener.
4. AWARD OF ROAD SURFACING MECHANICAL RE-TEXTURING WORK TO KLARUW RMS LTD
There was submitted Report No 488/10 by the Director of Infrastructure Services recommending the award of road surface mechanical retexturing work to improve the skid resistance of several road surfaces throughout Angus to the specialist contractor, Klaruw RMS Ltd.
The Report detailed the ten sites where this work was required and advised that Klaruw was the only contractor known to be able to offer the process and that the price offered was considered to be best value.
The Sub-Committee agreed:-
(i) to note the contents of the Report;
(ii) to grant exemption from normal tendering arrangements on the basis of Financial Regulation 16.22.4(b)(ii) as detailed in the Report; and
(ii) to approve the award of road surface mechanical retexturing work to improve the skid resistance of several road surfaces in Angus to the specialist contractor, Klaruw RMS Ltd in the amount of £71,145.
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ANGUS COUNCIL
MINUTE of MEETING of the EDUCATION COMMITTEE held in the Town and County Hall, Forfar on Thursday 26 August 2010 at 4.00 pm.
Present: Councillors PETER NIELD, MARGARET THOMSON, MAIRI EVANS, IAIN GAUL, JEAN LEE, DAVID LUMGAIR, DAVID MAY, DONALD MORRISON, BOB MYLES, JOHN RYMER, COLIN BROWN, PAUL VALENTINE and SHEENA WELSH.
Church Representatives: Mr DAVID ADAMS and Mr BILL SIMPSON.
Teacher Representative: Mr DAVID DRYSDALE.
Councillor NIELD, Convener, in the Chair.
Prior to the commencement of the business, the Convener welcomed Mr David Drysdale to his first meeting of the Education Committee.
1. APOLOGIES/SUBSTITUTES
Apologies for absence were intimated on behalf of Councillors Alison Andrews, Rob Murray and Mark Salmond, with Councillor Colin Brown substituting for Councillor Salmond. Apologies for absence were also intimated on behalf of Mrs Patricia Millar and Mr Philip Jackson.
2. DECLARATIONS OF INTEREST
The Committee agreed to note that no declarations of interest were made.
3. MINUTES
(a) Previous Meeting
The minute of meeting of this Committee of 3 June 2010 was approved as a correct record and signed by the Convener.
(b) Angus Joint Negotiating Committee for Teachers
The minute of meeting of the Angus Joint Negotiating Committee for Teachers of 26 May 2010, a copy of which is appended hereto, was submitted and noted (APPENDIX I).
(c) School Attendance Sub-Committee
The minutes of meetings of the School Attendance Sub-Committee of 28 May, 2, 16 and 22 June 2010, copies of which are appended hereto, were submitted and noted (APPENDICES II, III, IV and V respectively).
(d) Special Cases Sub-Committee
The minute of meeting of the Special Cases Sub-Committee of 3 June 2010, a copy of which is appended hereto, was submitted and noted (APPENDIX VI).
(e) Staffing Sub-Committee
The minute of meeting of the Staffing Sub-Committee of 3 June 2010, a copy of which is appended hereto, was submitted and noted (APPENDIX VII).
(f) Special Appeals Sub-Committee
The minute of meeting of the Special Appeals Sub-Committee of 30 June 2010, a copy of which is appended hereto, was submitted and noted (APPENDIX VIII). 383
4. EDUCATION DEPARTMENT ANNUAL REPORT 2009/10
With reference to Article 11 of the minute of meeting of this Committee of 27 August 2009, there was submitted Report No 605/10 by the Director of Education, together with a copy of the 2009/2010 Annual Report for the Education Department.
Previously, service plans had reviewed progress against the previous year's service plan but this information, together with other general and performance information about the Department would now be included in an Annual Report by each Director which would be submitted to Committee after the financial year end. The standard format had been adopted for the Annual Reports to ensure consistency of approach across the Council.
Having heard from the Convener in relation to the % of female teachers in Primary schools, the Committee agreed:-
(i) to note the contents of the Report;
(ii) to note the contents of the Education Department Annual Report 2009/2010;
(iii) to instruct the Director of Education to write to the Cabinet Secretary for Education and Lifelong Learning requesting him to consider appropriate steps to address the gender imbalance in Scottish Education; and
(iv) to express thanks and appreciation to all teachers and staff involved in the production of the Annual Report.
5. EDUCATION REVENUE AND CAPITAL BUDGET MONITORING FOR THE YEAR ENDED 31 MARCH 2010
With reference to Article 10 of the minute of meeting of this Committee of 27 August 2009, there was submitted Joint Report No 606/10 by the Director of Education and the Director of Corporate Services advising members of the net revenue and capital expenditure compared to budget in respect of the Education Department for the financial year to 31 March 2010 and providing comment on the more significant variances arising.
The Report indicated a net underspend of £8,000 which included elements of the budget not under the direct control of the Education Department.
The Committee, for its interest, agreed to note the contents of the Report.
6. EXTRA IN-SERVICE DAY TO SUPPORT THE IMPLEMENTATION OF CURRICULUM FOR EXCELLENCE
There was submitted Report No 607/10 by the Director of Education seeking Committee approval for an extra additional in-service closure day to take place on 25 November 2010.
The Report indicated that the Cabinet Secretary for Education and Lifelong Learning had announced that one additional in-service closure day would be provided for in the period August–December 2010 to enable practitioners to address individual school priorities in relation to the implementation of Curriculum for Excellence. Following consultation with Head Teachers and the Angus Joint Negotiating Committee Teacher Representatives, it had been agreed that the additional in-service closure day would be most useful if taken alongside the in-service days already fixed for 26 and 29 November 2010.
The Committee agreed:-
(i) to note the contents of the Report;
(ii) to note that the Cabinet Secretary for Education and Lifelong Learning had made provision for an additional Curriculum for Excellence in-service day for all Scottish schools in the period August–December 2010; 384
(iii) to note that, given the short timescale, the Director of Education had sought and obtained the consent of Scottish Ministers to close all Angus schools for one additional day in the new school session in order to provide extra in-service support for the implementation of Curriculum for Excellence; and
(iv) to approve the closure of all Angus schools to pupils on Thursday 25 November 2010.
7. EXCLUSIONS FROM SCHOOLS 2009/2010
With reference to Article 8 of the minute of meeting of this Committee of 22 April 2010, there was submitted Report No 608/10 by the Director of Education providing the Committee with an overview of exclusions from Angus schools during 2009/2010.
The Report indicated that exclusions from school had been monitored systematically throughout 2009/2010 and termly reports had provided detailed information about exclusions from individual schools. During 2009/2010 there had been 175 exclusion instances in primary schools and 544 incidents across the eight secondary schools, which represented an increase in the number of exclusions from primary schools and a continuing decrease in exclusions from secondary schools.
The annual overview of exclusions from schools in Angus had highlighted a range of areas for improvement and development. All schools had received data on their individual circumstances and Link Quality Improvement Officers would discuss action points with schools at an early stage in the new session. The Senior Management Team would continue to monitor exclusion from school on a monthly basis and a Report on revised Angus Guidance on Exclusion from School would be brought to this Committee in due course.
The Committee agreed:-
(i) to note the contents of the Report;
(ii) to note that, while there had been a pleasing reduction in secondary school exclusions, there were still specific challenges in relation to primary school exclusions;
(iii) to note that strategies had been put in place to prevent pupils from missing out on education; and
(iv) to note that clear guidance had been issued to schools with regard to exclusion from school and Looked After Children.
8. INTERNATIONAL VISITS AND EXCHANGES
With reference to Article 8 of the minute of meeting of this Committee of 23 April 2009, there was submitted Report No 609/10 by the Director of Education advising of arrangements made for members of the Education Department to participate in international visits and exchanges.
The Report indicated that there were significant linguistic, social and cultural benefits for Angus staff and pupils who had the opportunity to be involved in these visits and exchanges.
The Committee agreed:-
(i) to note the contents of the Report; and
(ii) to endorse the programme of international visits and exchanges, as detailed in the Appendix to the Report.
9. SCHOOL TERMS AND HOLIDAYS 2011/2012 AND BEYOND
With reference to Articles 9 and 10 of the minute of meeting of this Committee of 23 April 2009, there was submitted Report No 610/10 by the Director of Education seeking approval of the proposed 2011/2012 school terms and holiday dates and inviting members to consider the basis of a consultation exercise on school term and holiday dates for the following three school sessions. 385
The Report indicated that the proposed dates for the 2011/2012 school terms and holiday dates represented a pattern which was consistent with that adopted in previous years.
It was proposed that the consultation exercise on the draft schedule of dates for 2012/2013 and beyond be authorised inviting comments from all the parent councils, all Trade Unions recognised by the Council and from individual members of staff on:-
The precise date of the Christmas Holiday The planned dates of the long weekend in February The policy of adopting the first two weeks in October as the October school holiday fortnight The planned dates of ‘one day’ holidays, being St Andrews Day and the May holiday The dates of in-service pupil closure days The benefits or otherwise of setting school terms and holiday dates 3-4 years in advance The extent of parental interest in future changes to the pattern of the four term school year
It was also proposed that the Director of Education be authorised to share the proposed dates with the Directors of Education of neighbouring Councils as part of the ongoing deliberations on harmonisation.
The Committee agreed:-
(i) to note the contents of the Report;
(ii) to approve the dates for school terms and holidays in session 2011/2012, as detailed in Appendix A to the Report;
(iii) to authorise a consultation exercise to be undertaken on the draft schedule of school term and holiday dates for school session 2012/2013 and beyond, as detailed in Appendix B to the Report; and
(iv) to note that the outcomes of the exercise would be the subject of a future Report to this Committee.
10. SCHOOL CONVEYANCE CONTRACTS – REVIEW OF CONTRACT PRICES
With reference to Article 9 of the minute of meeting of this Committee of 27 August 2009, there was submitted Joint Report No 611/10 by the Director of Education and the Director of Infrastructure Services recommending the school conveyance contract inflationary price increase of 2.89% with effect from 1 July 2010.
The Report indicated the basis for calculating the annual review of school conveyance contract prices which had resulted in the recommendation of a 2.89% increase.
The Committee agreed:-
(i) to note the contents of the Report; and
(ii) to approve a 2.89% inflationary contract price increase for eligible school conveyance contracts with effect from 1 July 2010.
11. REVIEW OF SERVICE LEVEL AGREEMENT WITH THE COMMUNITY ALCOHOL FREE ENVIRONMENT (CAFÉ) PROJECT
With reference to Article 4 of the minute of meeting of the Executive Sub-Committee of this Committee of 19 April 2007, there was submitted Report No 612/10 by the Director of Education seeking approval to extend the current Service Level Agreement with the Community Alcohol Free Environment (Café) Project in Arbroath. 386
The Report indicated that the review of the 2007-2010 Service Level Agreement had identified particular strengths including a significant improvement in self-evaluation activities. More confident approaches to self-evaluation had contributed to, for example, more effective provision for vulnerable young people. The past 12 months had seen an overall improvement in the quality of youth work provision and a realistic approach to what could be done within the resources available. As a result of the positive outcomes of the review of the 2007-2010 Service Level Agreement, it was recommended that the Service Level Agreement be extended to cover the period 1 April 2010 to 31 March 2012.
The Committee agreed:-
(i) to note the contents of the Report; and
(ii) to approve the extension of the Service Level Agreement with the Community Alcohol Free Environment (Café) Project to 31 March 2012 following a favourable review of the work of the project.
12. ANGUS CHILD PROTECTION COMMITTEE ANNUAL REPORT AND BUSINESS PLAN 2009/2010
With reference to Article 6 of the minute of meeting of the Social Work and Health Committee of 12 August 2010, there was submitted Joint Report No 516/10 by the Chief Executive, the Director of Social Work and Health, the Director of Education and the Director of Neighbourhood Services presenting the Angus Child Protection Committee Annual Report and Business Plan for 2009/2010.
The Report indicated that this was the 14th Annual Report and Business Plan produced by the Angus Child Protection Committee and detailed the work and activities of the Committee and member agencies in the field of Child Protection over the past year.
The Committee, for its interest, agreed:-
(i) to note the contents of the Report; and
(ii) to note the contents of the Angus Child Protection Committee Annual Report and Business Plan 2009/2010.
13. EDUCATION APPEAL COMMITTEE AND SCHOOL ATTENDANCE SUB-COMMITTTEE
The Committee were advised that nominations had recently been sought from Parent Councils for parent members who might be willing from time to time to serve on the Education Appeal Committee and the School Attendance Sub-Committee as, at present, there were now only two parents who were available for this work.
Six of the parents nominated had been interviewed by the Director of Education and the Head of Law and Administration and it had been recommended that the following appointments be made:-
Mr K Linton, St Margaret’s Parent Council Mrs H Pratt, Webster’s High School Parent Council Mrs A Reid, Andover Parent Council Mrs A Rogers, Mattocks Parent Council Mr T Varty, Whitehills Parent Council Mrs A Watson, Newbigging Parent Council
The Committee agreed to appoint the six parents to the Education Appeal Committee and the School Attendance Sub-Committee, subject to satisfactory disclosure reports.
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APPENDIX I to the minute of meeting of the Education Committee of 26 August 2010 (Article 3(b) refers)
MINUTE of MEETING of the ANGUS JOINT NEGOTIATING COMMITTEE FOR TEACHERS held in Room A and B, Angus House, Forfar on Wednesday 26 May 2010 at 4.15 pm.
Present: Council Representatives
Councillor PETER NIELD (Convener of the Education Committee), NEIL LOGUE (Acting Director of Education), CRAIG CLEMENT (Senior Education Manager) and SUSAN DUFF (Senior Education Manager).
Teachers’ Panel Representatives
DAVID DRYSDALE, GRAEME KIDDIE, BRIAN McHARDY, ARTHUR PRITCHARD (all EIS) and MIKE NASH (SSTA).
Apology: An apology for absence was intimated on behalf of Councillor MARGARET THOMSON (Vice-Convener of the Education Committee).
1. CONVENERSHIP
In accordance with paragraph 5.2 of the Constitution, the Committee noted that the Convenership should rotate on an annual basis between a Council representative and a Joint Union side representative, with the Vice-Convenership rotating on a similar basis.
Accordingly, Councillor Peter Nield was appointed as Convener, with David Drysdale (EIS) appointed as Vice-Convener.
2. MINUTE OF PREVIOUS MEETING
(i) Correct Record
The minute of meeting of this Committee of 10 February 2010 was submitted and approved as a correct record.
(ii) Matters Arising
(a) Absence Management Procedures
With reference to Article 8 of the minute of previous meeting, the teachers’ representatives welcomed the input from Fiona Thain and Craig Clement at the Angus Teachers’ Panel meeting on 17 May. The Teachers’ Panel had felt that the procedures had been clarified and members had been reassured that these would be consistently and appropriately applied.
(b) School Building Programme
With reference to Article 10 of the minute of previous meeting, the Convener confirmed that a Report would be presented to the Education Committee on 3 June outlining the responses to the consultation for the Arbroath Schools Project. In relation to Brechin High School, the Convener indicated that confirmation was awaited from the Scottish Futures Trust, and it was hoped that the information would be received by the end of May.
Mr Clement confirmed that the joint meetings with parents and the questionnaires had been used to gauge opinion and that technical appraisals had been carried out on possible sites.
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Thereafter, the Committee noted that the School Consultation (Scotland) Act 2010 introduced new procedures for sanctioning school closures and therefore, consideration of the new procedures would be required prior to a final decision on the Arbroath Schools Project.
3. CURRICULUM FOR EXCELLENCE
With reference to Article 2 of the minute of previous meeting, Mr Logue advised that HMIE and the Scottish Government had requested information on the Council’s readiness for Curriculum for Excellence and, whilst it was felt that all schools in Angus were well placed to deal with the implementation of Curriculum for Excellence, a full Report would be presented to the Education Committee on 3 June outlining the Council’s position in this regard.
Mr Logue confirmed that, in March 2010, the Cabinet Secretary had announced a 10 point plan targeted at secondary schools with a commitment to ensure that every secondary school that required support would receive it. Also, HMIE inspections of secondary schools had been suspended in the period August 2010 to January 2011.
The teachers’ representatives acknowledged that Angus schools had had a great deal of support and advice from the Education authority. They emphasised the need for manageable moderation structures reinforcing the principles of Assessment is for Learning. Further, realistic time should be set aside in school improvement plans for the implementation of ‘On track with Learning’, the new planning and assessment tool.
Mr Logue agreed that assessment procedures required to be fit for purpose, avoid bureaucratic burdens and would be proportionate and affordable.
The Committee agreed to note the position.
4. WORKLOAD ACTION PLAN
With reference to Article 7 of the minute of previous meeting, the teachers’ representatives advised that, following discussion of the starter paper at the last meeting of the JNCT Sub- Committee, teachers’ panel members had been working on a draft plan which would be ready by the end of session. The plan would then be shared with the Acting Director of Education.
The Committee agreed that the plan would be submitted to the next meeting of this Committee and thereafter to SNCT in due course.
5. EXTENDED SUPPORT PROVISION
Mr Logue referred to the recent HMIE Inspection of ESP facilities and a number of challenges which required to be addressed.
Mrs Duff advised that following publication of the Inspection Report, an authority Strategy Group had been established to consider improvements to the ESP provision.
The Strategy Group had identified the need to improve provision and it had been agreed to reconfigure the existing sites. Mrs Duff reminded the Committee that the Schools Consultation (Scotland) Act 2010 would also apply to off-site provision, and any proposal to amalgamate off-site provision would require to follow the procedure as set out in the new Act. The Strategy Group had also given consideration to the appointment of a teacher to manage the off-site provision in response to points raised by HMIE.
The teachers’ representatives welcomed the establishment of the Strategy Group and indicated that the meetings had been extremely productive and that there had been no disagreement of the route being taken. The teachers’ representatives were also confident that the issues of management and an appropriate curriculum for the young people in off-site provision would be addressed.
Mr Logue confirmed that a formal consultation exercise would be undertaken and that a further report on ESP provision would be presented to the next meeting of the Education Committee on 3 June 2010.
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The Committee agreed to note the position.
6. SHARED HEADSHIPS
With reference to Article 1(ii)(a) of the minute of previous meeting, Mr Logue confirmed that the Working Group had reviewed and shared outcomes with teachers’ representatives. The basic rationale was that a Head Teacher must be willing and enthusiastic before being considered for a shared headship. It was also hoped that the approach being adopted would help to retain Head Teachers in the post for longer.
The teachers’ representatives welcomed the opportunity to discuss this issue and agreed that, whilst there were benefits to Head Teachers in terms of reduced class contact time, it was important to consider conditions of staff as well as the learning and teaching for pupils.
The Committee noted that the joint guidance on shared headships would be issued in October and, once approved, should become policy for approval by the Education Committee.
7. TP21 SECONDARY REVIEW
With reference to Article 5(a) of the minute of previous meeting, Mr Logue indicated that there was an expectation that all schools were gradually addressing the issues contained within the Report.
The Workload Action Plan, together with the recently agreed Operational Guidelines for Teachers’ Negotiating and Consultative Committees and the Employee Survey, were also relevant in monitoring TP21.
The teachers’ representatives welcomed the document and looked forward to the positive impact that this would have in the future.
The Committee agreed to note the position.
8. EMPLOYEE SURVEY IMPROVEMENT PLANS
With reference to Article 6 of the minute of previous meeting, Mr Logue advised that there was an expectation that the issues identified in the improvement plans were being addressed in schools. A review of education headquarters had been undertaken and good progress was being made. Issues regarding communication, workload and work-life balance were also matters for discussion within school negotiating Committees.
The teachers’ representatives indicated that they hoped that schools would take a more integrated approach necessary with improvement plans, working time agreements, school calendars and PRD/CPD all having a part to play.
The Committee agreed to note the position.
9. OPERATION OF TEACHERS’ NEGOTIATING AND CONSULTATIVE COMMITTEES: GUIDELINES
With reference to Article 1(ii)(b) of the minute of previous meeting, the teachers’ representatives indicated that the effective operation of Teachers’ Negotiating and Consultative Committees would be essential to the success of the Workload Action Plan, TP21 secondary review, employee attitude improvement plan and Curriculum for Excellence.
Mr Logue confirmed that the new guidelines, as agreed by this Committee on 18 November 2009, had been ratified by the Staffing Sub-Committee on 26 November 2009 and thereafter published on the Council’s Intranet and the SNCT website on 8 December, as an Appendix to AJNCT/2. This item would be discussed at both primary and secondary Head Teacher meetings but, meantime, all Head Teachers had been written to requesting that copies of their working time agreements be forwarded to the Joint Secretary as soon as possible, for those who had not already done so.
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The teachers’ representatives indicated that they hoped that the work of Teachers’ Negotiating and Consultative Committees would become a focus for quality assurance visits by Quality Improvement Officers to ensure that improvement plans were realistic and time costed. Staff should also be aware of their own responsibilities within the improvement plan.
The Committee agreed to note the position.
10. STAFF ABSENCE DUE TO AIR TRAFFIC DISTRUPTION
Mr Logue advised the Committee that the vast majority of staff whose return to work had been affected were teachers. Angus Council had adopted a sensitive and low-key approach to address the issue of off-setting working time lost which had been agreed with the staff concerned. This issue would be further discussed at all Head Teacher meetings as there was a requirement to document how the time had been off-set and thereafter, signed off by 25 August 2010.
The teachers’ representatives indicated that they welcomed the approach taken by the authority. They recognised the efforts of all staff affected to make up working-time lost and thereafter, praised the staff that had covered for absent colleagues to ensure the maintenance of educational provision.
Following a full discussion the Committee agreed:-
(i) to instruct the Acting Director of Education to write to all staff commending their efforts in covering for absent colleagues; and
(ii) to note that this matter would be discussed at the next meeting of the Education Committee.
11. VIOLENCE AND AGGRESSION TO STAFF
With reference to Article 11 of the minute of previous meeting, there was submitted a Report by the Acting Director of Education providing information on the 65 incidents reported in the period January-March 2010.
Following discussion, the Committee agreed:-
(i) to note the contents of the Report; and
(ii) to discuss the issues raised on identified incidents further at the next meeting of the Sub-Committee.
12. PROPOSED TIMETABLE OF MEETINGS 2010/2011
The Committee noted and agreed the following programme of meetings for 2010/2011:-
Wednesday 15 September 2010;
Wednesday 17 November 2010;
Wednesday 9 February 2011; and
Wednesday 25 May 2011.
13. VALIDICTORY
Following conclusion of the meeting, the Convener paid tribute to Mr Brian McHardy who was to retire from his post of Depute Head Teacher at Carnoustie High School, and who was today attending his final meeting of the Angus Joint Negotiating Committee for Teachers as a teachers’ panel representative. On behalf of the Committee, the Convener offered his best wishes to Mr McHardy for a long, healthy and fulfilling retirement, following which Mr McHardy replied and thanked the Committee for its support over the years.
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The Committee also noted that Mr Mike Nash was attending his last meeting of the Angus Joint Negotiating Committee for Teachers and, on behalf of the Committee, the Convener wished him well for the future.
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APPENDIX II to the minute of meeting of the Education Committee of 26 August 2010 (Article 3(c) refers)
MINUTE of MEETING of the SCHOOL ATTENDANCE SUB-COMMITTEE of the EDUCATION COMMITTEE held in Montrose Sports Centre, Marine Avenue, Montrose on Friday 28 May 2010 at 4.45pm.
Present: Councillors PETER NIELD and MARGARET THOMSON and Mr JAMES EWENS (Parent Council Representative).
Councillor NIELD, Convener, in the Chair.
1. APOLOGIES/SUBSTITUTES
There were no apologies intimated.
2. DECLARATIONS OF INTEREST
The Sub-Committee agreed to note that no declarations of interest were made.
3. MINUTES OF PREVIOUS MEETINGS
The minutes of meetings of this Sub-Committee of 5 and 11 May 2010 were submitted and approved as correct records.
4. EXCLUSION OF PUBLIC AND PRESS
The Sub-Committee resolved, in terms of Standing Order 27(2), that the public and press be excluded during consideration of the following item so as to avoid the possible disclosure of information which was exempt in terms of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973, paragraph 5.
5. EDUCATION (SCOTLAND) ACT 1980 – SCHOOL ATTENDANCE DEFAULT – CASE NO SA02/10
With reference to Article 4 of the minute of meeting of this Sub-Committee of 20 April 2010, there was submitted Report No 398/10 by the Acting Director of Education updating the Sub- Committee on the school attendance record in respect of this child (Case No SA02/10) since that meeting.
The Sub-Committee considered the case and heard from the child, the child’s parents, the school representative and the Education Support Officer, School and Family Support.
After discussion, and having noted that the child’s attendance had improved since the last meeting, the Sub-Committee agreed:-
(i) to welcome the significant improvement in attendance and to congratulate the child on the improvement;
(ii) to take no action on prosecution of the parents meantime, in view of the improvement; and
(iii) to instruct that the Attendance Order already served should remain in force.
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APPENDIX III to the minute of meeting of the Education Committee of 26 August 2010 (Article 3(c) refers)
MINUTE of MEETING of the SCHOOL ATTENDANCE SUB-COMMITTEE of the EDUCATION COMMITTEE held in Montrose Academy, Academy Square, Montrose on Wednesday 2 June 2010 at 4.15pm.
Present: Councillors PETER NIELD and MARK SALMOND and Mr JAMES EWENS (Parent Council Representative).
Councillor NIELD, Convener, in the Chair.
1. APOLOGIES/SUBSTITUTES
An apology for absence was intimated on behalf of Councillor Margaret Thomson with Councillor Mark Salmond substituting.
2. DECLARATIONS OF INTEREST
The Sub-Committee agreed to note that no declarations of interest were made.
3. EXCLUSION OF PUBLIC AND PRESS
The Sub-Committee resolved, in terms of Standing Order 27(2), that the public and press be excluded during consideration of the following item so as to avoid the possible disclosure of information which was exempt in terms of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973, paragraph 5.
4. EDUCATION (SCOTLAND) ACT 1980 – SCHOOL ATTENDANCE DEFAULT – CASE NO SA03/10
With reference to Article 4 of the minute of meeting of this Sub-Committee of 28 April 2010, there was submitted Report No 430/10 by the Acting Director of Education updating the Sub- Committee on the school attendance record in respect of this child (Case No SA03/10) since that meeting.
The Sub-Committee considered the case and heard from the child’s grandparents (“the parents”), the representatives of the school and Social Work and Health, and the Education Support Officer, School and Family Support.
After discussion, the Sub-Committee agreed:-
(i) to confirm, by reference to the up-to-date certificate of attendance for Case No SA03/10, that the child had failed to attend school regularly;
(ii) to confirm that there was no reasonable excuse for such failure;
(iii) to revoke the Attendance Order issued on 28 April 2010;
(iv) to make a further Attendance Order in terms of Section 36(2) of the Education (Scotland) Act 1980 requiring the parents to ensure the child’s attendance at an Extended Support for Pupils’ Centre to be provided by the Education Authority; and
(v) to refer the child to the Reporter to the Children’s Panel.
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APPENDIX IV to the minute of meeting of the Education Committee of 26 August 2010 (Article 3(c) refers)
MINUTE of MEETING of the SCHOOL ATTENDANCE SUB-COMMITTEE of the EDUCATION COMMITTEE held in the Education Meeting Room, Angus House, Forfar on Wednesday 16 June 2010 at 4.30pm.
Present: Councillors PETER NIELD and MARGARET THOMSON and Mrs JOANNA JOHNSTON (Parent Council Representative).
Councillor NIELD, Convener, in the Chair.
1. APOLOGIES/SUBSTITUTES
There were no apologies intimated.
2. DECLARATIONS OF INTEREST
The Sub-Committee agreed to note that no declarations of interest were made.
3. MINUTES OF PREVIOUS MEETINGS
The minutes of meetings of this Sub-Committee of 28 May and 2 June 2010 were submitted and approved as correct records.
4. EXCLUSION OF PUBLIC AND PRESS
The Sub-Committee resolved, in terms of Standing Order 27(2), that the public and press be excluded during consideration of the following item so as to avoid the possible disclosure of information which was exempt in terms of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973, paragraph 5.
5. EDUCATION (SCOTLAND) ACT 1980 – SCHOOL ATTENDANCE DEFAULT – CASE NO SA04/10
With reference to Article 4 of the minute of meeting of this Sub-Committee of 5 May 2010, there was submitted Report No 474/10 by the Acting Director of Education updating the Sub- Committee on the school attendance record in respect of this child (Case No SA04/10) since that meeting.
The Sub-Committee considered the case and, in the absence of the parents, heard from the school representative and the Education Support Officer, School and Family Support. The Sub-Committee also considered a letter submitted by the parents, together with attachment.
After discussion, the Sub-Committee agreed:-
(i) to confirm, by reference to the Certificate of Attendance, that the child had failed to attend school regularly;
(ii) to confirm that there was no reasonable excuse for such failure;
(iii) to note that the parents had appealed against the making of the Attendance Order to the Sheriff and that the case had been continued to 8 September 2010;
(iv) to instruct the Head of Law and Administration to request the Sheriff to amend the Attendance Order by substituting Mattocks Primary School with Monifieth High School when the case calls next in Forfar Sheriff Court on 8 September 2010; and
(v) to delegate authority to the Head of Law and Administration to determine whether, between the commencement of the new school term in August 2010 and the October break, the child had attended Monifieth High School regularly, and to proceed with the prosecution of the parents in the event that the child had not attended regularly between the said dates.
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APPENDIX V to the minute of meeting of the Education Committee of 26 August 2010 (Article 3(c) refers)
MINUTE of MEETING of the SCHOOL ATTENDANCE SUB-COMMITTEE of the EDUCATION COMMITTEE held in the ACCESS Office, 26 High Street, Carnoustie on Tuesday 22 June 2010 at 4.45 pm.
Present: Councillors PETER NIELD and MARGARET THOMSON and Mr JAMES EWENS (Parent Council Representative).
Councillor NIELD, Convener, in the Chair.
1. APOLOGIES/SUBSTITUTES
There were no apologies intimated.
2. DECLARATIONS OF INTEREST
The Sub-Committee agreed to note that no declarations of interest were made.
3. EXCLUSION OF PUBLIC AND PRESS
The Sub-Committee resolved, in terms of Standing Order 27(2), that the public and press be excluded during consideration of the following item so as to avoid the possible disclosure of information which was exempt in terms of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973, paragraph 5.
4. EDUCATION (SCOTLAND) ACT 1980 – SCHOOL ATTENDANCE DEFAULT – CASE NO SA05/10
With reference to Article 5 of the minute of meeting of this Sub-Committee of 11 May 2010, there was submitted Report No 470/10 by the Acting Director of Education updating the Sub- Committee on the school attendance record in respect of this child (Case No SA05/10) since that meeting.
The Sub-Committee considered the case and heard from the child's father, the representatives from the school and Social Work and Health, and the Education Support Officer, School and Family Support.
After discussion, and having noted that the child's attendance had improved since the last meeting, the Sub-Committee agreed:-
(i) to welcome the improvement in attendance;
(ii) to take no action on prosecution of the parents meantime, in view of the improvement; and
(iii) to instruct that the Attendance Order already served should remain in force (unless deemed unnecessary).
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APPENDIX VI to the minute of meeting of the Education Committee of 26 August 2010 (Article 3(d) refers)
MINUTE of MEETING of the SPECIAL CASES SUB-COMMITTEE of the EDUCATION COMMITTEE held in the Committee Room, Town and County Hall, Forfar on Thursday 3 June 2010 at 5.40pm.
Present: Councillors PETER NIELD, MARGARET THOMSON AND PAUL VALENTINE.
Councillor NIELD, Convener, in the Chair.
1. APOLOGIES/SUBSTITUTES
An apology for absence was intimated on behalf of Councillor Sheena Welsh, with Councillor Paul Valentine substituting.
2. DECLARATIONS OF INTEREST
The Sub-Committee agreed to note that no declarations of interest were made.
3. MINUTE OF PREVIOUS MEETING
The minute of meeting of this Sub-Committee of 18 March 2010 was submitted and approved as a correct record.
4. EXCLUSION OF PUBLIC AND PRESS
The Sub-Committee resolved, in terms of Standing Order 27(2), that the public and press be excluded during consideration of the following item so as to avoid the possible disclosure of information which was exempt in terms of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973, paragraphs 3, 6 and 10.
5. PARENTAL REQUEST FOR SCHOOL TRANSPORT TO CARNOUSTIE HIGH SCHOOL
There was submitted Report No 431/10 by the Acting Director of Education outlining the position of two pupils attending Carnoustie High School and requesting the Sub-Committee to consider whether assistance could be provided with home to school transport for these pupils.
Following discussion, and having heard from the applicant and the Acting Director of Education, the Sub-Committee agreed:-
(i) to note the circumstances described in the Report; and
(ii) to decline the request for free home to school transport in this case.
The parties were then readmitted to the meeting and advised of the foregoing decision.
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APPENDIX VII to the minute of meeting of the Education Committee of 26 August 2010 (Article 3(e) refers)
MINUTE of MEETING of the STAFFING SUB-COMMITTEE of the EDUCATION COMMITTEE held in the Committee Room, Town and County Hall, Forfar on Thursday 3 June 2010 at 6.05pm.
Present: Councillors PETER NIELD, MARGARET THOMSON and PAUL VALENTINE.
Councillor NIELD, Convener, in the Chair.
1. APOLOGIES/SUBSTITUTES
An apology for absence was intimated on behalf of Councillor Sheena Welsh with Councillor Paul Valentine substituting.
2. DECLARATIONS OF INTEREST
The Sub-Committee agreed to note that no declarations of interest were made.
3. MINUTE OF PREVIOUS MEETING
The minute of meeting of this Sub-Committee of 22 April 2010 was submitted and approved as a correct record.
4. EXCLUSION OF PUBLIC AND PRESS
The Sub-Committee resolved, in terms of Standing Order 27(2), that the public and press be excluded during consideration of the following item so as to avoid the possible disclosure of information which was exempt in terms of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973, paragraph 1.
5. TEACHERS (COMPENSATION FOR PREMATURE RETIREMENT) (SCOTLAND) REGULATIONS 1980 - REQUEST FOR PREMATURE RETIREMENT
There was submitted Report No 432/10 by the Acting Director of Education detailing a request from a teacher to be allowed to retire early for the reasons indicated in the Report.
Following discussion, and having considered all the circumstances, the Sub-Committee agreed that the member of staff concerned should not be granted premature retirement.
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APPENDIX VIII to the minute of meeting of the Education Committee of 26 August 2010 (Article 3(f) refers)
MINUTE of MEETING of the SPECIAL APPEALS SUB-COMMITTEE of the EDUCATION COMMITTEE held in the Education Meeting Room, Angus House, Forfar on Wednesday 30 June 2010 at 9.00 am.
Present: Councillors MARGARET THOMSON, IAIN GAUL, DAVID MAY, BOB MYLES AND PAUL VALENTINE.
Councillor THOMSON, in the Chair.
1. DECLARATIONS OF INTEREST
The Sub-Committee agreed to note that no declarations of interest were made.
2. EXCLUSION OF PUBLIC AND PRESS
The Sub-Committee resolved, in terms of Standing Order 27(2), that the public and press be excluded during consideration of the following item so as to avoid the possible disclosure of information which was exempt in terms of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973, paragraph 1.
3. APPEAL AGAINST DISMISSAL
The Sub-Committee considered an appeal against dismissal lodged by an employee of the Education Department.
There were admitted to the meeting the Appellant, the Appellant’s representative and Mrs Susan Duff, Senior Education Manager.
The Sub-Committee considered written and oral submissions by the Senior Education Manager and by the Appellant and her representative, including the statement of a witness called by the Appellant, following which the parties withdrew from the meeting.
After deliberation, and having considered all the circumstances, the Sub-Committee found that the grounds of the appeal had not been substantiated and that accordingly, the appeal be not upheld.
The parties were then recalled to the meeting and advised of the foregoing decision.
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399
ANGUS COUNCIL
MINUTE of MEETING of the DEVELOPMENT STANDARDS COMMITTEE held in the Town and County Hall, Forfar on Tuesday 31 August 2010 at 10.00 am.
Present: Councillors DAVID LUMGAIR, JOHN RYMER, ALISON ANDREWS, COLIN BROWN, DAVID FAIRWEATHER, JEAN LEE, BOB MYLES, MARK SALMOND and BOB SPINK.
Also present: Councillor JOHN WHYTE
Councillor LUMGAIR, Convener, in the Chair.
1. APOLOGIES FOR ABSENCE
An apology for absence was intimated on behalf of Councillor Palmer.
2. DECLARATIONS OF INTEREST/INTIMATIONS OF CONTACT
In terms of the Councillors' Code of Conduct the following undernoted declarations of interest/intimations of contact were made:-
Councillor Fairweather declared an interest in item 8, application No 10/00386/FUL, as he was a member of Arbroath Golf Course Committee. He advised that he would be taking part in the discussion and voting.
Councillor Lee declared an interest in item 11, Case No 02/00149 as she was a former neighbour and friend of the individuals involved. She advised that she would be taking part in the discussion and voting.
3. MINUTE OF PREVIOUS MEETING
The minute of meeting of this Committee of 10 August 2010 was approved as a correct record and signed by the Convener.
4. BUILDING WARRANTS
The Committee noted that during the period 2 to 20 August 2010, a total of one Demolition Warrant, ten Amendments to Warrants and 83 Building Warrants had been approved with an estimated cost of £5,126,966.
5. DELEGATED DECISIONS
The Committee noted that during the period 31 July to 21 August 2010, a total of three planning applications had been refused and 64 planning applications approved under the Scheme of Delegation to Officers.
PLANNING APPLICATIONS
6. KINLOCH PRIMARY SCHOOOL, LINKS AVENUE, CARNOUSTIE
There was submitted Report No. 648/10 by the Director of Infrastructure Services detailing application No. 10/00411/FULL by Angus Council Social Work Department for the erection of a care home and supported housing complex at Kinloch Primary School, Links Avenue, Carnoustie. The application was recommended for approval.
Slides were shown.
The Committee agreed that the application be approved as detailed in the Report. 400
7. 93 BROOMHILL DRIVE, MONIFIETH
There was submitted Report No 649/10 by the Director of Infrastructure Services detailing application No 10/00723/FULL by Mr & Mrs Liang for the change of use from Council land to garden ground and extension to dwellinghouse at 93 Broomhill Drive, Monifieth. The application was recommended for approval.
The Committee agreed that the application be approved as detailed in the Report.
8. ARBROATH GOLF COURSE, ELLIOT, ARBROATH
There was submitted Report No 650/10 by the Director of Infrastructure Services detailing application No. 10/00386/FULL by Mr Thomas Pullar for the erection of a stone bridge at Penston Burn, Arbroath Golf Course, Elliot, Arbroath. The application was recommended for approval.
The Committee agreed that the application be approved as detailed in the Report.
9. 72 SPENCER CRESCENT, CARNOUSTIE
There was submitted Report No 651/10 by the Director of Infrastructure Services detailing application No 10/00766/FULL by Mr Ronald Gray for the formation of a boundary fence at 72 Spencer Crescent, Carnoustie. The application was recommended for approval.
Slides were shown and Mr Gamack and Mr McNicoll, objectors, addressed the meeting.
The Committee agreed that the application be approved as detailed in the Report.
10. SITE AT MONTROSE ROAD, ARBROATH
There was submitted Report No 654/10 by the Director of Infrastructure Services detailing application No. 09/00836/FULL by Stewart Milne Homes for the erection of 338 dwellinghouses and associated works on land at Montrose Road, Arbroath. The application was recommended for approval subject to conditions and a Section 75 Agreement.
Slides were shown and Mr Wilson, the applicant’s agent, addressed the meeting.
The Committee agreed that the application be approved as detailed in the Report subject to the following revised additional conditions:-
Condition 7: delete and replace with:-
7. That notwithstanding the details shown on the site plan hereby approved for the development of plots 312-318 as indicated on drawing number MR- 801 and the proposed 4m screen fence to the south of those plots, are not approved as part of this planning permission.
Reason: The proposed method of boundary screening which is required to attenuate noise from the commercial/industrial land uses to the south of plots 312-318 is not considered to be acceptable in visual amenity and residential amenity terms and no development on plots 312-318; those being the plots most directly affected, can take place unless this matter is satisfactorily resolved.
Additional Conditions:
8. Prior to the commencement of development of Phase 2 as shown on plan MR- 802 a revised detailed scheme for the attenuation of noise to the north of the adjoining commercial/ industrial land uses shall be submitted to and approved in writing by the Planning Authority. Prior to the occupation of any of the houses forming part of Phase 2 the approved scheme of noise attenuation to the north, east and south of the adjoining commercial uses shall be implemented and thereafter permanently maintained unless otherwise agreed in writing by the Planning Authority.
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Reason: In order to ensure the timely provision and retention of adequate and essential noise attenuation in the interests of the residential amenity within the A1 site as identified in the Angus Local Plan Review.
9. That the noise attenuation scheme for the area to the north of the adjoining commercial/ industrial land uses as required by condition 8 shall make provision for vehicular access to the remainder of the A1 site, that being the area highlighted in blue on drawing MR-801. Once formed the access between the site hereby approved and the remainder of the A1 site as highlighted in blue on Drawing Number MR-801 shall be maintained permanently thereafter unless otherwise agreed in writing by the Planning Authority.
Reason: In order to ensure that adequate standard of access is provided between the site hereby approved and the balance of the A1 site as identified in the Angus Local Plan Review.
Existing conditions numbered 8 to 13 are unchanged but will be renumbered 10 to 15 accordingly.
11. ENFORCEMENT UPDATE
There was submitted Report No 652/10 by the Director of Infrastructure Services on the progress of enforcement cases which had been agreed previously by the Development Standards Committee.
The Committee agreed to note the current position with the enforcement cases.
12. STRATHMARTINE HOSPITAL - UPDATE
With reference to Article 11 of the minute of meeting of this Committee of 16 February 2010, there was submitted Report No 653/10 by the Director of Infrastructure Services detailing information on Strathmartine Hospital, a Category B Listed Building and the potential for securing the long term future of the listed building.
The Report indicated that members of the Development Standards Committee had carried out a fact finding visit on 16 August 2010. A meeting had also been held with the owner of the site and a Planning and Development consultant to discuss the strategy for redevelopment of Strathmartine Hospital. A specialist conservation architect had also been engaged by the owner. A detailed character appraisal and conservation plan were currently being progressed to establish the significance of the buildings on site which would form the basis for a comprehensive masterplan for redevelopment.
The Report also advised that the interior of the building was saturated and most of the finishes were beyond repair. Therefore urgent works were required to help the buildings dry out and restrict further damage from timber decay.
The owner had indicated that the next key stages identified by the consultants was the completion of the conservation plan, preparation of a final draft masterplan for pre application discussion purposes and scoping of key technical information which would be required in support of any planning applications. The scale of proposed development which had been indicated by the consultants would indicate a major development as defined by the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009. The consultants therefore proposed to submit a Proposal of Application Notice including details of a public consultation strategy once the initial historic analysis had been completed and the formal 12 week notice period for submission of a planning application had commenced on submission of the Notice to Angus Council.
At this stage, Councillor Whyte, followed by Karen McAuley, were heard in respect of the Strathmartine Hospital site.
Thereafter the Committee agreed:-
(i) to note the owner’s intentions for the site; and 402
(ii) to remit to the Head of Planning and Transport to continue to engage with the owners in respect of the works required for conservation of the listed building and to engage with the owners in respect of pre-application discussions regarding the proposed major planning application for redevelopment of the site, including the retention of the listed building.
13. TREE PRESERVATION ORDERS - CONSULTATION PAPER
With reference to Article 18 of the minute of meeting of the Infrastructure Services Committee of 24 August 2010, there was submitted Report No 584/10 by the Director of Infrastructure Services advising members that the Scottish Government had undertaken a consultation exercise in relation to new Tree Preservation Order Regulations and sought approval of a response to the consultation.
The Committee, for its interest, agreed to note the contents of the Report and that the example given in response to question 7 had been removed.
14. DEVELOPMENT MANAGEMENT REVIEW COMMITTEE DECISIONS
There was submitted Report No 670/10 by the Director of Infrastructure Services detailing the outcome of recent cases considered by the Development Management Review Committee.
The Committee agreed to note the outcome of the cases to date.
16_devstand_31aug_vol 101.doc 403 ANGUS COUNCIL
MINUTE of MEETING of the DEVELOPMENT MANAGEMENT REVIEW COMMITTEE held in the Canmore Room, Municipal Buildings, Forfar on Tuesday 31 August 2010 at 1.00pm.
Present: Councillors DAVID LUMGAIR, JOHN RYMER, ALISON ANDREWS, DAVID FAIRWEATHER and BOB SPINK.
Also Present: IAIN MITCHELL, Planning Adviser, DAVID THOMPSON, Legal Adviser and ELAINE WHITTET, Committee Officer.
Councillor LUMGAIR, Convener, in the Chair.
1. APOLOGIES
There were no apologies intimated.
2. DECLARATIONS OF INTEREST/INTIMATIONS OF CONTACT
In terms of the Councillors’ Code of Conduct Good Practice Guidelines, the following undernoted declarations of interest/intimations of contact were made:-
Councillor Andrews intimated that in relation to item 6, DMRC-09-2010AR, she had had telephone contact with the applicant before the decision had been made by the appointed person and enquiring on the process involved. She advised that she would be taking part in the discussion and voting.
Councillor Rymer intimated that in relation to item 6, DMRC-09-2010AR, he had received a telephone call from a member of the applicant’s family. He advised that he would be taking part in the discussion and voting.
3. MINUTE OF PREVIOUS MEETING
The meeting of this Committee of 10 August 2010 was submitted and approved as a correct record, subject to the following amendment.
ITEM 6 – 101 DUNDEE STREET, CARNOUSTIE
Delete - “subject to the submission of an appropriate noise impact assessment and its subsequent implementation”.
4. 101 DUNDEE STREET, CARNOUSTIE - CONDITIONS
With reference to Article 6 of the minute of meeting of this Committee of 10 August 2010, there was submitted Report No 616/10 by the Director of Corporate Services detailing proposed conditions in respect of application No 09/01276/FULL for the change of use from café/takeaway to flat at 101 Dundee Street, Carnoustie.
The Committee gave consideration to the conditions detailed in the Report and agreed to approve the conditions subject to the deletion of condition 2 and its replacement with a condition which was worded to the satisfaction of the Director of Infrastructure Services and which ensured that the development was provided with appropriate acoustic insulation and double glazed windows in order to attenuate noise disturbance from the adjoining public house.
Reason: In order to reduce the potential for noise nuisance from the adjacent public house.
5. LAND WEST OF TOLLHOUSE, FRIOCKHEIM - CONDITIONS
With reference to Article 5 of the minute of meeting of this Committee of 10 August 2010, there was submitted Report No 617/10 by the Director of Corporate Services detailing proposed conditions in respect of application No 10/00308/PPPL for the change of use of land to house plot on land at the Tollhouse, Friockheim.
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The Committee approved the conditions as detailed in the Report.
6. LAND AT LOCHCRAIGS WOODS, LINTRATHEN
There was submitted Report No 614/10 by the Director of Corporate Services detailing an application for a review of the decision taken by the appointed person in respect of the refusal of the erection of a dwelling house and ancillary office on land at Lochcraigs Woods, Lintrathen.
The Committee gave consideration to the paper submitted by the agent, objector and the appointed person and given that there was a substantial amount of new information which had been submitted by both the applicant and the agent acting on behalf of the objector, the Committee asked that both the applicant for the review and the objector identify every matter, on a document by document basis, which had not been before the appointed person at the time the original determination was made. The Committee also requested that each party demonstrate why they should be permitted to raise each of these matters in the Review process, having regard to the provisions of Section 43B of the Town and Country Planning (Scotland) Act 1997.
The Committee also agreed that an unaccompanied site visit be held in due course and that the Committee reconvene after the site visit to discuss the application further.
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ANGUS COUNCIL
MINUTE of MEETING of the CORPORATE SERVICES COMMITTEE held in the Town and County Hall, Forfar on Thursday 2 September 2010 at 4pm.
Present: Councillors MARK SALMOND, JOHN WHYTE, IAIN GAUL, ALEX KING, IAN MACKINTOSH, DAVID FAIRWEATHER, BILL MIDDLETON, PETER MURPHY, PAUL VALENTINE, BOB MYLES, PETER NIELD, HELEN OSWALD, RALPH PALMER, JOHN RYMER and SANDY WEST.
Councillor SALMOND, Convener, in the Chair.
1. APOLOGIES/SUBSTITUTES
Apologies for absence were intimated on behalf of Councillors David May and Rob Murray with Councillors David Fairweather and Paul Valentine substituting respectively.
2. DECLARATIONS OF INTEREST
Councillors Oswald and Palmer declared an interest in item 13 as they both know the parties referred to in the Report. Both indicated they would leave the meeting during discussion of this item.
Councillor Murphy declared an interest in item 14 as he was a member of the Carnoustie Action Group, Community Centre. He indicated he would not take part in discussion or voting.
3. MINUTES
(a) Previous Meeting
The minute of meeting of this Committee of 10 June 2010 was approved as a correct record and signed by the Convener.
(b) Special Meeting
The minute of special meeting of this Committee of 29 July 2010 was approved as a correct record and signed by the Convener.
4. CORPORATE SERVICES DEPARTMENT ANNUAL REPORT
With reference to Article 24 of the minute of meeting of this Committee of 3 September 2009, there was submitted Report No 618/10 by the Director of Corporate Services advising the Committee of the production of the 2009/2010 Annual Report for the Corporate Services Department, a copy of which was attached to the Report.
The Committee agreed to note the contents of the Corporate Services Annual Report 2009/2010.
5. PROPOSED DISPOSAL OF LAND AT LOCHSIDE ROAD, FORFAR
There was submitted Report No 619/10 by the Director of Corporate Services advising the Committee of a request to acquire land at Lochside Road, Forfar.
The Report indicated that developers of a residential development at Lochside Road, Forfar had advised the Head of Property that an area of land included in their completed development was owned by the Forfar Common Good. The development, which consisted of eighteen, two bed flats was shown in the drawing attached to the Report as Appendix 1. The drawing at Appendix 2 identified the extent of the land in relation to the completed development. It was proposed that the Head of Property enter into negotiations for the disposal of the land and report the outcome to a future meeting of the Committee. The local Councillors had been consulted and had no objections to this disposal.
The Committee agreed:- 406
(i) to note the contents of the Report; and
(ii) to approve the disposal of land at Lochside Road, Forfar on provisional terms and conditions to be negotiated by the Head of Property.
6. PROPOSED DISPOSAL OF PRIMARY SCHOOLS AT GLENISLA, LINTRATHEN AND KILRY
With reference to Article 8 of the minute of meeting of this Committee of 10 June 2010, there was submitted Report No 620/10 by the Director of Corporate Services advising the Committee that the three primary schools at Glenisla, Lintrathan and Kilry were surplus to Angus Council’s requirements and that Hillcrest Housing Association had expressed an interest in acquiring the properties.
The Report indicated that in accordance with the Council’s policy on the disposal of surplus land and buildings to support the provision of affordable housing in Angus, the Housing Division of Neighbourhood Services Department had circulated the availability of the properties to Local Housing Associations, resulting in Hillcrest Housing Association having expressed an interest in acquiring all three properties for the development of affordable housing. In addition, the owners of the former schoolhouse adjacent to Kilry School had expressed an interest in acquiring Kilry School. The schoolhouse was accessed through the grounds of the school.
In view of the interest expressed by Hillcrest Housing Association, it was proposed that the Head of Property enter into negotiations for the sale of the three properties in accordance with Angus Council Policy with a view to selling the properties to Hillcrest Housing Association at open market value subject to the proposed developments being compatible with the Strategic Housing Plan and confirmation of the overall programme delivery. It was further proposed that the properties be marketed for sale on the open market should the proposed disposal to Hillcrest Housing Association not proceed. This would enable the owners of the former schoolhouse at Kilry the opportunity to submit an offer for the school when a closing date was set.
The Committee agreed:-
(i) to note the contents of the Report;
(ii) to approve that the primary schools at Glenisla, Lintrathen and Kilry be declared surplus to Angus Council’s requirements;
(iii) to note the interest by Hillcrest Housing Association in acquiring all three schools at open market value and to authorise the Head of Property to enter into negotiations for the disposal of the property subject to the proposed developments being compatible with the Strategic Housing Plan and confirmation of the overall programme delivery; and
(iv) to approve the disposal of the properties on the open market should the proposed disposals to Hillcrest Housing Association not proceed.
7. PROPOSED DISPOSAL OF LAND AT DALL’S LANE, BRECHIN
There was submitted Report No 621/10 by the Director of Corporate Services advising the Committee that land at Dall’s Lane, Brechin could be declared surplus to Angus Council's requirements.
The Report indicated that as there was a garage built on the land the Head of Law and Administration had been requested to research the possibility of the Executors of 2 Dall’s Lane exhibiting a claim for unjust enrichment. The Executors would, however, need to prove that the garage had been constructed by the recent owner, rather than a previous owner otherwise a claim would be hard to sustain because it could not be argued that the recent owner expended money on the improvement and that the expenditure incurred in putting up the garage had proved beneficial and the true owner (ie the Council) was subsequently enriched, as a result of the improvement. The Head of Property was of the opinion that the presence of the garage on site added little or no value to the land and therefore it would be difficult to argue that the Council had benefited from unjust enrichment. 407
The Committee agreed:-
(i) to note the contents of the Report; and
(ii) to approve the land at Dall’s Lane, Brechin be declared surplus to Angus Council’s requirements and disposed of on the open market.
8. PROPOSED DISPOSAL OF SITE AT BROOMFIELD ROAD, MONTROSE
With reference to Article 7 of the minute of meeting of this Committee of 6 August 2009, there was submitted Report No 622/10 by the Director of Corporate Services advising the Committee of the proposed alterations to the agreed terms and conditions for the sale of the former fuel dump site at Broomfield, Montrose.
The Report indicated that it was proposed that the disposal price of the former fuel dump site at Broomfield Road, Montrose be reduced due to unforeseen costs associated with servicing the site as detailed in the Report.
The Committee agreed:-
(i) to note the contents of the Report; and
(ii) to approval the disposal of the former fuel dump site at Broomfield Road, Montrose on the revised terms and conditions contained in the Report.
9. DISPOSAL OF PROPERTY THROUGH THE ESTATES SERVICES CONSULTANT OR PROPERTY AUCTION
There was submitted Report No 623/10 by the Director of Corporate Services advising the Committee of the option of disposing of land and buildings through a property auction.
The Report indicated that Angus Council utilised the services of an Estates Services Consultant, currently J & E Shepherd, for the disposal of surplus properties (land and/or buildings). However, there was no rigid contractual obligation for the Council to continue with this arrangement. Sales of property held by the Economic Development and Environmental and Consumer Protection Division were supported by the Council’s Principal Estates Manager in accordance with the Scheme of Delegation to Officers, Section 6(a)1. The Head of Property had investigated the use of property auctions as an alternative to the current process for disposal of all, or selected property by the Council to determine whether there is advantage to the Council and his findings were detailed in the Report.
The Report concluded that the current procedure for the disposal of land and buildings was considered to remain appropriate for most Angus Council disposals. However, it was considered beneficial for the Head of Property to be authorised to utilise property auctions when deemed appropriate and generally for the disposal of properties of a relatively low value (under £10,000) which had been exposed to the market for a reasonable period of time without selling.
In response to a question from Councillor Oswald, the Director indicated he would advise the Committee at its next meeting of the total fees charged for the 2009/2010 financial year by the Estates consultants, J & E Shepherd, in relation to the disposal of land and buildings.
The Committee agreed:-
(i) that the disposal of surplus land and buildings continue to be carried out primarily by the Council’s Estate Services Consultant, currently J & E Shepherd, as instructed by the Council’s Principal Estates Manager;
(ii) that the current procedure for disposal of property held by the Economic Development and Environmental and Consumer Protection Division continue to be supported by the Council’s Principal Estates Manager in accordance with the Scheme of Delegation to Officers, Section 6(a)1; and 408
(iii) that the Head of Property, on behalf of the Director of Corporate Service, be authorised to utilise the services of a property auction, in accordance with Section 16.2.4(b) of the Financial Regulations, when deemed appropriate and generally for the disposal of properties of a relatively low value (under £10,000) which had been exposed to the market for a reasonable period of time without selling.
10. POLICY FOR THE LEASE OF COUNCIL LAND AND BUILDINGS
With reference to Article 11 of the minute of meeting of the Personnel and Property Services Committee of 11 March 1997, there was submitted Report No 624/10 by the Director of Corporate Service advising the Committee of the current practices of leasing land and buildings and recommending amendments to improve the efficiency of the process.
The Report indicated that to complement the policies already approved by this Committee for the management of the non-housing estate it was felt appropriate to submit a specific consolidated policy for the leasing of land and buildings. The Council’s policy in terms of leasing land and buildings was to obtain market value and optimise rental income as contained in Financial Regulations 17.1.4 and 17.1.5. This applied to all tenants including organisations that supported Council services in Angus. Proposals on how the leasing and management of property would continue to be dealt with were detailed in the Report.
The Committee agreed:-
(i) to note the contents of the Report;
(ii) to approve the policy for the lease of Council land and buildings as detailed in the Report;
(iii) to note that a Policy Statement would be issued to reflect the Committee’s decision.
11. PROPOSED LEASE OF FLATS AT THE FORMER FAIRWAYS GARAGE, HIGH STREET, CARNOUSTIE
With reference to Article 10 of the minute of meeting of this Committee of 28 January 2010, there was submitted Report No 625/10 by the Director of Corporate Services seeking approval to the proposed lease arrangements detailed in the Report following the marketing exercise to lease the flats at the former Fairways Garage, Carnoustie.
The Report indicated that leasing the property to Musselcraig Limited (a subsidiary company of Angus Housing Association Limited) would result in refurbishment of the property at no cost to Angus Council. A rental income would be generated and the property would remain within the ownership of the Council.
The Committee agreed:-
(i) to note the contents of the Report; and
(ii) to approve the lease of the two flats at the former Fairways Garage, High Street, Carnoustie on the provisional terms and conditions contained with the Report.
12. CHANGES TO THE LEASE OF THE FORMER ROAD DEPOT, TEALING
With reference to Article 3 of the minute of meeting of the Resources and Central Services Committee of 20 October 2005, there was submitted Report No 626/10 by the Director of Corporate Services advising the Committee of proposed changes to the lease of the former Roads Depot at Tealing.
The Report indicated that the tenant of the site had now requested that he be given the opportunity to acquire part of the site to enable him to undertake major capital expenditure on the current building plus the construction of additional industrial units. The remaining area of the site, which might be required to accommodate major road works in the future and which was presently used for open storage, would continue to be occupied under a lease agreement. The sale price realised and the revised annual lease will be reported back to Committee for noting once concluded under authority delegated to the Head of Property.
409 The Committee agreed:-
(i) to note the contents of the Report;
(ii) to approve the disposal of a site measuring 0.147 hectare and forming part of the former Roads Depot at Tealing; and
(iii) to approve the lease of a site measuring 0.152 hectare and forming part of the former Roads Depot at Tealing.
13. A92 DUALLING SURPLUS LAND
Councillors Oswald and Palmer, having declared an interest at item 2 above, left the meeting during consideration of this item.
With reference to Article 12 of the minute of meeting of this Committee of 22 October 2009, there was submitted Report No 627/10 by the Director of Corporate Services advising the Committee that the previous owner of surplus land adjacent to Brax Cottage and Cul Mhor Cottage, Carnoustie had no interest in re-acquiring the surplus land.
The Report indicated that as a result of the construction of the A92 and a new road comprising a cycle path and access to Brax and Cul Mhor Cottages which had previously taken access direct from the A92, the surplus land was now bounded by the A92 and the new access road to the cottages. The former owner, who did not own either of the two neighbouring cottages, had advised that he had no interest in re-acquiring the ground. Due to the location of the land it was therefore proposed to offer the land to the owners of Brax and Cul Mhor Cottages.
The Committee agreed:-
(i) to note the contents of the Report; and
(ii) to authorise the Head of Property to approach the owners of Brax Cottage and Cul Mhor Cottage, Carnoustie with a view to negotiating a disposal of surplus land adjacent to the cottages.
14. CORPORATE ASSET MANAGEMENT PLAN – UPDATE
With reference to Article 10 of the minute of meeting of this Committee of 30 April 2009, there was submitted Report No 628/10 by the Director of Corporate Services advising the Committee of the progress made by the Corporate Asset Management Group (CAMG) and providing updated information in relation to the Asset Management Plan (AMP).
The Report indicated that with the review of the Monifieth and Carnoustie area completed to the extent that an Action Plan had been determined, a copy of which was appended to the Report, it was proposed that the next areas to be considered in detail be Arbroath and Forfar. It had been originally intended that Arbroath and Forfar would be dealt with individually, however, the experience gained from reviewing Monifieth and Carnoustie jointly had led officers to the conclusion that Forfar and Arbroath should be reviewed jointly.
In response to a question from Councillor Oswald, the Director indicated he would revisit the issue of Disabled Access to the first floor at the Access Office, Carnoustie and submit a report to a future meeting of the Committee.
The Committee agreed:-
(i) to note the contents of the Report;
(ii) to approve the continuation of the geographical AMP with the joint review of Forfar and Arbroath properties;
(iii) to approve the membership arrangements for the Forfar/Arbroath review, as detailed in the Report;
(iv) to approve that the CAMG set maximum space standards for the occupation of operational office buildings; 410
(v) to approve that the CAMG carry out an investigation into flexible/home/mobile working/hot desking, as detailed in the Report;
(vi) to approve the Carnoustie/Monifieth properties Action Plan as detailed in Appendix 1 to the Report; and
(vii) to note the progress detailed in the Asset Management Plan – Implementation Plan – Update, as detailed in Appendix 2 to the Report.
15. PROPERTY TRANSACTIONS
With reference to Article 12 of the minute of meeting of this Committee of 10 June 2010, there was submitted Report No 629/10 by the Director of Corporate Services advising the Committee of the outcomes of negotiations for lease renewals, rent reviews, new leases, appropriation and open market disposal, as detailed in Appendices 1- 5 in the Report.
The Committee agreed to note and approve, as appropriate, the conclusion of these negotiations as detailed in Appendices 1-5 of the Report.
16. PROPERTY MAINTENANCE, PROGRESS REPORT 2009/2010
With reference to Article 15 of the minute of meeting of this Committee of 3 December 2009, there was submitted and noted Report No 630/10 by the Director of Corporate Services presenting the 2009/2010 end of year status of expenditure on the maintenance of non- housing properties.
17. PROPERTY RENEWAL AND REPAIR FUND – PHASE 2 – 2010/2011
With reference to Article 5 of the minute of meeting of this Committee of 11 March 2009, there was submitted Report No 631/10 by the Director of Corporate Services advising the Committee on the next programme of urgent repairs to be undertaken utilising the Property Renewal and Repair Fund.
The Report indicated that the repairs had been discussed and agreed with the respective departments as being their highest priorities for the funding and the proposed expenditure had been agreed with the Head of Finance.
The Committee agreed:-
(i) to note the contents of the Report;
(ii) to approve next programme of works for the execution of urgent property repairs at an estimated cost of £144,400 by utilising the Property Renewal and Repair Fund; and
(iii) to note the deferral of a previously approved project and its replacement with two other high priority projects as detailed in the Report.
18. ENERGY BUDGET END OF YEAR REPORT 2009/2010
With reference to Article 4 of the minute of meeting of this Committee of 22 October 2009, there was submitted and noted Report No 632/10 by the Director of Corporate Services presenting the 2009/2010 end of year status of expenditure on the individual council heating and electricity budgets for non-housing properties, which showed a managed overspend of £102,734.00 on energy.
19. END OF YEAR REPORT ON THE ENVIRONMENTAL IMPACT OF ENERGY CONSUMPTION DURING 2009/2010
With reference to Article 5 of the minute of meeting of this Committee of 22 October 2009, there was submitted Report No 633/10 by the Director of Corporate Services presenting the 2009/2010 end of year status of the environmental impact of the energy consumed by the non-housing building stock and the progress towards meeting the target of a 12.5% reduction in CO2 emissions by 1 April 2010. 411
The Report indicated that the Council had achieved a reduction of 3.7% in 2009/2010 compared to 2008/2009.
The Committee agreed to note the contents of the Report.
20. CENTRAL ENERGY EFFICIENCY FUND ANNUAL REPORT 2009/2010
With reference to Article 5 of the minute of meeting of this Committee of 3 September 2009, there was submitted Report No 634/10 by the Director of Corporate Services presenting the 2009/2010 end of year status of the Central Energy Efficiency Fund.
The Report indicated that as at 31 March 2010, the value of the fund was £81,079 and projects completed in 2009/2010 had resulted in a saving of 137,013 kg of CO2. Financial year 2009/2010 had an opening balance of £198,135 and had received £75,438 of repayments from projects completed in preceding years and had benefited from interest of £1,360.
The Committee agreed to note the contents of the Report.
21. UPDATE OF MARKET PROCUREMENT OF WATER SERVICES
With reference to Article 13 of the minute of meeting of this Committee of 4 September 2008, there was submitted Report No 635/10 by the Director of Corporate Services providing an update of the progress achieved in assessing market place opportunities for replacing the current contract for water services with Business Stream when it expired and recommending a migration to the new Procurement Scotland water services contract in due course.
The Report indicated that following approval to enter into the contract with Business Stream a delay had occurred due to reduced staff resources and due to Scottish Water revising their contract documentation. As a consequence the contract had been entered into at a later date and would currently expire on 31 July 2011. Procurement Scotland had determined to develop and establish a national contract to provide these services for all Scottish public bodies and had undertaken a scoping exercise gathering data from all public bodies including Angus Council. The expiry of the existing contract therefore provided an opportunity for the Council to migrate to the Procurement Scotland contact subject to a review of the terms and conditions of the new contract confirming benefit to the Council and to then transfer the Council to the new Procurement Scotland water services contract at the expiry of the current contract with Business Stream.
The Committee agreed:-
(i) to note the contents of the Report; and
(ii) to authorise the Director of Corporate Services, subject to a review of terms and conditions of the new contract confirming benefit to Angus Council, to transfer Angus Council to the new Procurement Scotland water services contract at the expiry of the current contact with Business Stream.
22. TENDERS ACCEPTED UNDER AUTHORITY DELEGATED TO THE HEAD OF PROPERTY
With reference to Article 9 of the minute of special meeting of this Committee of 22 October 2009, there was submitted Report No 636/10 by the Director of Corporate Services containing details of Tenders accepted by the Head of Property under delegated authority during the period 1 October 2009 to 31 March 2010.
The Committee agreed:-
(i) to note the contents of the Report; and
(ii) to note that a further Report would be submitted detailing Tenders accepted during the next six month period.
412
23. CARE CENTRE AND SUPPORTED HOUSING, KINLOCH STREET, CARNOUSTIE – TENDER LIST AND PROCUREMENT
With reference to Article 24 of the minute of meeting of the Neighbourhood Services Committee of 19 August 2010, there was submitted Report No 552/10 by the Director of Corporate Services containing details of the contractors it was proposed be invited to tender for the construction of a new care centre and supported housing at Kinloch Street, Carnoustie.
The Committee, for its interest, agreed to approve the recommendations as detailed in the Report.
24. COMMUNITY COUNCIL ELECTIONS
With reference to Article 6 of the minute of meeting of Angus Council of 11 February 2010, there was submitted Report No 637/10 by the Director of Corporate Services advising the Committee of the arrangements for the conduct of the Community Council Elections which were due to be held in September/October 2010.
The Report indicated that Schedule 2 of the Scheme for the Establishment of Community Councils gave responsibility for the arrangement of Community Council Elections to the Head of Law and Administration who was the designated Returning Officer for Community Council Elections as per the Council’s Standing Orders. The 2010 Scheme of Electoral Arrangements for Community Council Elections set out these arrangements and was attached to the Report as Appendix 1.
The Committee agreed:-
(i) to note the contents of the Report;
(ii) to note that the expiry of the term of office of all existing Community Councillors was Monday 4 October 2010; and
(iii) to note the Scheme of Electoral Arrangements for the 2010 Community Council Elections as appended to the Report.
25. SHAW TRUST RE-ACCREDITATION
The Director of Corporate Services advised the Committee that in March 2009 the Council website (angus.gov.uk) had been awarded an “Accessible Plus” rating by the Shaw Trust’s accreditation service. Accreditation was an annual process requiring re-testing by Shaw Trust technical and user audit teams.
Since initial accreditation had been received last year, the criteria by which accreditation was awarded had become much stricter in areas such as colour contrast, page structure and links to documents such as PDFs. The recent introduction of video content on the website had also resulted in substantial effort to ensure captions and transcripts were in place.
After considerable effort by staff from the IT Division, in conjunction with representatives from the Shaw Trust, the Council website had successfully been reaccredited at the same “Accessible Plus” rating. The outcome meant individuals with disabilities of varying types, could continue to use the Council’s website to review information and access services.
The Committee agreed to note that the Council website had successfully been reaccredited “Accessible Plus” and congratulated all staff from the IT Division on their achievement.
26. RESOURCE LINK PAYROLL APPLICATION UPGRADE
There was submitted Report No 638/10 by the Director of Corporate Services outlining the decisions taken by the Head of Information Technology under delegated authority regarding procurements related to the resource link payroll application upgrade and recommending that his decisions be homologated. 413
The Report indicated that NorthgateArinso as a vendor of the Resourcelink Payroll application had announced that all users required to migrate to the new “Aurora” version as support for the current “Enterprise” version would be withdrawn during late summer 2010. In addition, it had been recognised that the current hardware did not meet the revised requirements necessary to support the new version. The Head of Information Technology had identified that best value could be achieved by utilising existing procurement arrangements for the servers, Microsoft Product licences and CommVault backup software licences. In addition procuring the services of NorthgateArinso as the application vendor had provided best value to perform the upgrade and provide ongoing support for the application.
The Committee agreed:-
(i) to note the contents of the Report; and
(ii) to homologate the decisions taken by the Head of Information Technology under delegated authority.
27. CONSOLIDATED STORAGE INFRUSTRUCTURE PROCUREMENT
There was submitted Report No 639/10 by the Director of Corporate Services advising the Committee of the actions taken to provide a Consolidated Storage Infrastructure for electronic data assets and seeking approval to procure the most economically advantageous solution from the tendering exercise.
The Report indicated that the Council’s corporate infrastructure included 200 computer servers in some 140 sites across Angus. It was now proposed to implement a dual consolidated storage system to reduce the number of physical servers and the number of locations where servers were required. This project would also facilitate the deployment of virtual services to reduce the physical server estate.
The Committee agreed:-
(i) to note the contents of the Report;
(ii) to note the actions taken to date to issue a competitive tender and evaluate the results as detailed in the Report; and
(iii) to approve European Electronique as the supplier of the Consolidated Storage Infrastructure at a cost of £210,803.
28. MONIFIETH COMMUNITY CENTRE STEERING GROUP REQUEST FOR USE OF LAND
There was submitted Joint Report No 640/10 by the Director of Corporate Services and the Director of Neighbourhood Services advising the Committee of the availability of Angus Council sites to assist the development of a project feasibility study for a community centre facility to be further explored by Monifieth Community Centre Steering Group (MCCSG).
The Report indicated that Monifieth Community Centre Steering Group had, over a number of years, been seeking to identify a site, preferably close to the town centre, that would be suitable for the development of a community centre facility for the use of the residents of Monifieth and the surrounding area. A number of potential sites had been previously identified and explored but to date MCCSG had been unable to locate a suitable site available for their intended purpose.
The Director of Corporate Services and the Director of Neighbourhood Services had encouraged MCCSG to involve the local community planning team officers to promote engagement with the local community and to assist and advise them on external grants availability particularly in light of the imminent severe budget constraints to be applied across public sector bodies.
Liaising with MCCSG had continued and the Council had identified two further potential sites in addition to the MCCSG’s stated preferred site at South Union Street for parallel exploration by the Group 414
Given MCCSG’s perspective on the suitability of the South Union Street site, Invertay House senior staff had reviewed a number of logistical issues across the overall Invertay House site on the premise that the South Union Street site might be carved out of their available operational area. The main areas of the review and pertinent commentary were summarised within the Report.
Having heard from Councillor Whyte, local member, the Committee agreed:-
(i) to note the contents of the Report;
(ii) to note the exploratory work undertaken to date;
(iii) to note that the Director of Corporate Services did not consider the South Union Street, Monifieth site to be surplus to his operational requirements;
(iv) to note, however, that in the interests of assisting the feasibility of a community centre provision within Monifieth to be fully determined he would apply alternative management and operational practices to allow the site to be made available for potential development by MCCSG;
(v) to note the alternative site provision options identified by Neighbourhood Services as detailed in the Report;
(vi) to note that all site options should initially be explored in parallel until a clear preference was substantiated in the form of a deliverable end project outcome;
(vii) to note the other existing and potential community facility provisions in Monifieth, and agree that MCCSG be required as part of the feasibility arrangement to liaise closely with these interests to ensure that there was no duplication of effort and/or provision, and to avoid the potential of one local group being in direct competition with another in seeking external funding;
(viii) to approve, in principle, that the Council enter into a legal agreement with MCCSG for a 50 year peppercorn lease initially incorporating all prospective sites but then narrowed to one site subject to MCCSG being formally constituted with the power to enter into legal agreements, full planning consent being achieved and all necessary funding to deliver the project being in place by 31 March 2013;
(ix) to approve Angus Council committing, in principle, to contribute £300,000 towards the delivery of a community centre project and that this represented the maximum Council financial contribution to the project including, if applicable, any imputed land valuation consideration;
(x) to approve the Council’s contribution be subject to the project being confirmed as fully deliverable in terms of planning consents and a full funding package for both the construction and running costs being in place;
(xi) to require, as part of this arrangement, that the MCCSG work closely with, and take professional advice from the local community planning team, and other Council staff in developing their proposals further; and
(xii) to note that updates would be presented to Committee as appropriate.
29. DISPOSAL OF LEISURE SERVICE MINIBUS SP03 FYM
There was submitted Joint Report No 641/10 by the Director of Corporate Services and the Director of Neighbourhood Services advising the Committee on the disposal of a current Leisure Services minibus due for replacement during September 2010.
415
The Report indicated that the current minibus, registration number SP03 FYM, would become surplus to requirement on delivery of a new vehicle and a request had been received from Councillor Colin Brown, Chair of Forfar Farmington Football Club to purchase the vehicle at its anticipated auction sale offer price. This was pre-deduction of the dealer fee. The Director of Neighbourhood Services supported the request from Forfar Farmington because the projected sale price would be realised with no offsetting public auction dealer fee being applied. As per Financial Regulation 17.4.5 the Director had provided the Financial Regulations Exemption Co-ordinator with written supporting evidence to seek an exemption from Financial Regulation 17.4.1 on the disposal of other assets and regulation 17.4.5. The Exemption Co-ordinator had considered the exemption request and confirmed their agreement to the proposed disposal route.
The Committee agreed:-
(i) to note the contents of the Report; and
(ii) to note the arrangements made by the Director of Neighbourhood Services to dispose of the minibus, registration number SP03 FYM to Forfar Farmington Football Club.
30. HOUSING CAPITAL AND REVENUE BUDGET PERFORMANCE 2009/2010
With reference to Article 6 of the minute of meeting of Neighbourhood Services Committee of 19 August 2010, there was submitted Joint Report No 536/10 by the Director of Neighbourhood Services and the Director of Corporate Services setting out the final unaudited outturn of Capital, Planned Maintenance and Revenue spends to 31 March 2010 together with capital funding arrangements.
The Committee, for its interest, agreed:-
(i) to note the unaudited final outturn expenditure figures presented for the Housing Capital and Planned Maintenance Programmes for the period to 31 March 2010;
(ii) to note the unaudited final outturn capital receipts position for the period to 31 March 2010;
(iii) to note the Capital Programme funding arrangements; and
(iv) to note the Revenue Budget Performance Statement for the period 1 April 2009 to 31 March 2010.
31. HOUSING CAPITAL AND PLANNING MAINTENANCE PROGRAMME – HRA BLOCK – 2010/2011
With reference to Article 7 of the minute of meeting of the Neighbourhood Services Committee of 19 August 2010, there was submitted Joint Report No 535/10 by the Director of Neighbourhood Services and the Director of Corporate Services setting out the actual Capital and Planned Maintenance spends to 31 June 2010 together with a projected outturn for the year to 31 March 2011 and updated funding proposals.
The Committee for its interest agreed:-
(i) to note the expenditure figures presented for the Housing Capital and Planned Maintenance Programmes for the period to 30 June 2010;
(ii) to note the capital monitoring budget position;
(iii) to note the capital receipts position for the period to 30 June 2010;
(iv) to note the projected year end Capital and Planned Maintenance expenditure positions and updated indicative funding proposal funding proposals; and
(v) to note that relevant officers were endeavouring to ensure that the Capital Programme and Planned Maintenance Programme remained within overall available resources.
416
32. CAPITAL MONITORING – GENERAL FUND CAPITAL PROGRAMME 2010/2011
There was submitted Report No 642/10 by the Director of Corporate Services. The Committee agreed to defer consideration of this item to the meeting of the Strategic Policy Committee on 7 September 2010 to allow further relevant information to be submitted.
33. REVENUE MONITORING/PROJECTED OUTTURN STATEMENT 2010/2011
With reference to Article 17 of the minute of meeting of this Committee of 29 April 2010, there was submitted Report No 643/10 by the Director of Corporate Services advising the Committee of the actual revenue expenditure incurred and income received for the period 1 April – 30 June 2010, together with the anticipated year end position in respect of each Council Department.
The Report indicated that, in the main, expenditure was currently behind the phased budget and although there were no particular concerns arising from these areas at present, the position would continue to be monitored closely during the course of the financial year.
The Committee agreed:-
(i) to note the contents of the Report; and
(ii) to note in particular comments on the financial implications section with regard to the projected year end position.
34. REMISSION OF RATES
With reference to Article 16 of the minute of meeting of this Committee of 10 June 2010, there was submitted Report No 644/10 by the Director of Corporate Services advising the Committee of applications for Remission of Rates and recommending that they should be granted, which would result in an annual cost of £172.47 to the Council.
The Committee agreed to approve the applications for Remission of Rates, as detailed in the Report.
35. RENEWAL AND REPAIR FUNDS AS AT 30 JUNE 2010.
With reference to Article 16 of the minute of meeting of this Committee of 29 April 2010, there was submitted Report No 645/10 by the Director of Corporate Services advising the Committee of the actual financial position of the Renewal and Repairs Funds for Property, Information Technology, Roads and Transport, Print and Design Unit and Recreation as at 30 June 2010, which showed an effective uncommitted balance of £688,763.
The Committee agreed to note the contents of the Report.
36. MISCELLANEOUS ACCOUNTS – DEBT WRITE OFF
With reference to Article 19 of the minute of meeting of this Committee of 11 March 2010, there was submitted Joint Report No 646/10 by the Director of Corporate Services and the Head of Finance containing details of miscellaneous accounts which it was recommended be written off.
The Report indicated that a relatively small number of accounts had been identified for write off and the number and value of these accounts within the context of the total number issued throughout the year were relatively insignificant although they would continue to be pursued in light of any further information which might become available.
The Committee agreed:-
(i) to note the contents of the Report; and
(ii) to authorise accounts amounting to £32,742.91 (including £1,014.97 of VAT) as detailed in Appendix 1 of the Report, be written off as irrecoverable.
417
37. 2010/2011 FINAL CAPITAL BUDGET VOLUME – GENERAL FUNDING AND HOUSING
There was submitted Report No 647/10 by the Director of Corporate Services. The Committee agreed to defer consideration of this item to the meeting of the Strategic Policy Committee on 7 September 2010 to allow further relevant information to be submitted.
38. EDUCATION REVENUE AND CAPITAL BUDGET MONITORING FOR THE YEAR ENDED 31 MARCH 2010.
With reference to Article 5 of the minute of meeting of the Education Committee of 26 August 2010, there was submitted Joint Report No 606/10 by the Director of Education and the Director of Corporate Services advising members of the net revenue and capital expenditure compared to budget in respect of the Education Department for the financial year to 31 March 2010 and providing comment on the more significant variances arising.
The Committee, for its interests, agreed to note the contents of the Report
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ANGUS COUNCIL
MINUTE of MEETING of the STRATEGIC POLICY COMMITTEE held in the Town and County Hall, Forfar on Tuesday 7 September 2010 at 4.00 pm.
Present: Councillors BOB MYLES, IAN MACKINTOSH, ALISON ANDREWS, IAIN GAUL, ALEX KING, DAVID MAY, GLENNIS MIDDLETON, COLIN BROWN, DONALD MORRISON, PETER MURPHY, ROB MURRAY, HELEN OSWALD, DAVID FAIRWEATHER, SHEENA WELSH and JOHN WHYTE.
Councillor MYLES, Convener, in the Chair.
1. APOLOGIES/SUBSTITUTES
Apologies for absence were intimated on behalf of Councillors Jim Millar and Mark Salmond, with Councillors Colin Brown and David Fairweather substituting respectively.
2. DECLARATIONS OF INTEREST
Councillor Whyte declared an interest in item 8 as a member of TACTRAN. He indicated that he enjoyed the benefit of a general dispensation from the Standards Commission and accordingly would take part in any discussion and voting on the matter.
3. MINUTES
(a) Previous Meeting
The minute of meeting of this Committee of 15 June 2010 was approved as a correct record and signed by the Convener.
(b) Scrutiny and Audit Sub-Committee
The minutes of meeting of the Scrutiny and Audit Sub-Committee of 22 June and 10 August 2010, copies of which are appended hereto, were submitted and noted (APPENDICES I and II).
4. 2010/2011 FINAL CAPITAL BUDGET VOLUME - GENERAL FUND AND HOUSING
There was submitted Joint Report No 647/10 by the Director of Corporate Services and the Head of Finance presenting to members the 2010/2011 Final Capital Budget Volume, containing the updated 2009/2013 Financial Plan (which incorporated the 2010/2011 Capital Monitoring Budget) for both the General Fund and Housing Capital Programmes.
The Report indicated that the process of drawing together and issuing the 2010/2011 capital monitoring budget for both General Fund Departments and Housing had now been completed. The 2010/2011 Capital Budget Volume would, subject to Committee approval, be published on the Council's website and internet; be distributed for use within departments and would be the base utilised for performance monitoring purposes.
The Committee, for its interest, agreed:-
(i) to approve the contents of the updated 2009/2013 General Fund Financial Plan, as contained in the 2010/2011 Final Capital Budget Volume, a copy of which was available in the Members' Lounge;
(ii) to approve the contents of the updated 2009/2013 Housing Financial Plan, as contained in the 2010/2011 Final Capital Budget Volume; and
(iii) to note that the 2010/2011 Capital Budgets for both the General Fund Departments and Housing represented the Council's approved budgets for capital monitoring purposes.
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5. CAPITAL MONITORING - GENERAL FUND CAPITAL PROGRAMME - 2010/2011
There was submitted Report No 642/10 by the Director of Corporate Services apprising members of the capital expenditure incurred for the period from 1 April to 30 June 2010 and measuring projected capital expenditure against budgeted provision for the year.
The Report indicated that, at this stage in the financial year, the latest year-end estimate of both gross and net expenditure was in line with the budgets of £24.613 million and £13.585 million respectively. As part of the budget process for 2010/2011 and beyond, it was intended that the Capital Budget Sub-Group would continue to review the position on the General Fund Capital Programme and address issues relating to the projected 2010/2011 spend position, slippage on projects and the overall resources potentially available for 2010/2011.
The Committee, for its interest, agreed:-
(i) to note the expenditure position on the General Fund Capital Programme as at 30 June 2010 as per tables 1 and 2 within the Report and the Capital Monitoring Statement, as appended to the Report;
(ii) to note that projections of the 2010/2011 year-end position for the General Fund Capital Programme would be ongoing and brought forward on a regular basis to future Committees; and
(iii) to note that the next meeting of the Projects Monitoring Group was scheduled to take place on 9 September 2010.
6. CHIEF EXECUTIVE'S DEPARTMENT ANNUAL REPORT 2009/2010
With reference to Article 6 of the minute of meeting of this Committee of 8 September 2009, there was submitted Report No 660/10 by the Chief Executive advising members of the production of the 2009/2010 Annual Report for the Chief Executive's Department, a copy of which was appended to the Report.
The Report indicated that, as an integral part of the Council's performance management arrangements, each Department was required to prepare an Annual Report for submission to their service committee in the first committee cycle following the summer recess. The Reports were designed to give members, employees and the public an at a glance picture of performance within the Departments during the previous financial year and followed a standard format to ensure consistency of approach across the Council. The Reports would also be considered in detail by the Scrutiny and Audit Sub-Committee at its meeting on 21 September 2010.
The Committee agreed to note the terms of the Chief Executive's Department Annual Report 2009/2010.
7. CORPORATE ANNUAL REPORT 2009/2010
With reference to Article 8 of the minute of meeting of this Committee of 5 May 2009, there was submitted Report No 661/10 by the Chief Executive presenting the Corporate Annual Report for 2009/2010.
The Report incorporated a corporate overview of progress against the Corporate Plan within 2009/2010, together with an overview of progress against the Corporate Plan within 2009/2010, along with an overview of performance in 2009/2010 against the range of statutory performance indicators, albeit the indicators for 2009/2010 remained unaudited at present. The Report also included a summary of some of the actions and achievements within 2009/2010 as presented in the “Putting You First” magazine which had been issued to all Angus households in June of this year.
The Committee agreed to note the terms of the Corporate Annual Report for 2009/2010.
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8. 2009/2010 FULL YEAR PROGRESS REPORT - SINGLE OUTCOME AGREEMENT FOR ANGUS
With reference to Article 9 of the minute of meeting of this Committee of 2 February 2010, there was submitted Report No 662/10 by the Chief Executive presenting a progress report on the Angus Single Outcome Agreement for 2009/2010 prior to submission to the Angus Community Planning Partnership and the Scottish Government at the end of September 2010.
The Report summarised achievements to date, giving an explanation where indicators fell short of targets and highlighted ongoing or planned areas of work for the future. The Annex to the Report detailed a draft digest of indicators to help support thematic partnerships to manage their performance. The digest included trends and projections which would provide an evidence base for all of the community planning partners in order to plan ahead and focus on areas for improvement. Overall, the performance of the Angus Community Planning Partnership had been positive, with almost 70% of the indicators meeting or exceeding target.
The Committee agreed:-
(i) to note the 2009/2010 Performance Report for the Single Outcome Agreement for Angus 2009/2012; and
(ii) to note that the Report would be considered by the Angus Community Planning Partnership at its meeting on 22 September 2010.
9. 2009/2010 EFFICIENCY STATEMENT
With reference to Article 9 of the minute of meeting of this Committee of 8 September 2009, there was submitted Report No 663/10 by the Chief Executive presenting Angus Council's Annual Efficiency Statement for 2009/2010 which had been submitted to COSLA for consolidation into a national report to the Scottish Government.
The Report indicated that the Council had delivered efficiency gains across all areas of the Efficient Government Programme and in addition, had identified further efficiencies under a number of local efficiency themes. It was noted that £3.098 million cashable efficiency gains had been achieved in 2009/2010, which had exceeded the Council's own target established for cashable efficiency gains of £1.8 million and the efficiency gain of £2.862 million identified in 2008/2009. With the addition of non-cashable efficiencies of £5,000 this gave a total efficiency gain of £3.103million against a target of £2.1 million
The Committee agreed to note the terms of the Council's 2009/2010 Efficiency Statement, as appended to the Report.
10. GENERAL FUND BUDGET SETTING PROCESS - COMMUNICATION AND CONSULTATION ARRANGEMENTS
There was submitted Report No 664/10 by the Chief Executive outlining a proposed strategy for communication and consultation in relation to setting the General Fund budget.
The Report indicated that Angus Council already consulted when setting its Housing Revenue Account budget and on ad hoc basis on specific issues. It was proposed that a process of communication and consultation be similarly implemented for the setting of the General Fund starting with the 2011/2012 budget. The nature of the budget choices which members would be taking in the months and years ahead made it more important than ever for the Council to aim to ensure that the Angus public could understand the reasons behind the decisions and were provided the opportunity to transparently contribute to the process.
The Committee agreed:-
(i) to note the importance and benefits of communication and consultation with regard to the Council’s budget decision making;
(ii) to approve the strategy for communication and consultation on budget setting as outlined in Section 5 of the Report; and
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(iii) that implementation of the strategy be subject to a further Report to be submitted to the next meeting of this committee.
11. CORPORATE ANNUAL HEALTH AND SAFETY REPORT
There was submitted Report No 665/10 by the Chief Executive giving an overview of the Council’s health and safety activities and performance during 2009/2010.
In addition to giving a summary of health and safety performance during the year, the Report also explained the approach to health and safety management within the Council, the Council’s health and safety priorities and how these were being addressed.
The Committee agreed to note the contents of the Report.
12. ESTABLISHMENT CHANGES
With reference to Article 12 of the minute of meeting of this Committee of 15 June 2010, there was submitted and noted Report No 660/10 by the Chief Executive summarising changes to establishments within the Chief Executive's, Corporate Services, Infrastructure Services, Neighbourhood Services and Social Work and Health departments for the period 10 May to 16 July 2010.
13. SCOTTISH PUBLIC SERVICES OMBUDSMAN CONSULTATION ON COMPLAINTS HANDLING PRINCIPLES AND PROCEDURES
There was submitted Report No 667/10 by the Chief Executive advising members that the Scottish Public Services Ombudsman was currently consulting on Complaints Handling Principles and Procedures for public services.
Attached as an Appendix to the Report was a proposed response to the consultation paper which highlighted the implications for Angus Council. The draft response concluded that, whilst the opportunity to review and improve the Council's complaints procedure was to be welcomed, the proposed model would result in a significant change to how Angus Council handled its complaints and it would be necessary to provide specific training and support for front line staff and investigative staff to handle complaints appropriately.
The Committee agreed:-
(i) to note the contents of the Report; and
(ii) to instruct the Director of Social Work and Health, as Chair of the Customer Services Programme Group, to forward the proposed response to the consultation exercise on Complaints Handling Principles and Procedures to the Scottish Public Services Ombudsman.
14. THE ESTABLISHMENT OF MANAGEMENT ARRANGEMENTS TO FULFIL THE REQUIREMENTS OF THE CARBON REDUCTION COMMITMENT ENERGY EFFICIENCY ORDER 2010
With reference to Article 10 of the minute of meeting of Angus Council of 17 September 2009, there was submitted Report No 668/10 by the Director of Corporate Services providing an update on the progress achieved in preparing Angus Council to participate fully in delivering the new legal duty introduced by the Carbon Reduction Commitment Energy Efficiency Order 2010 and proposing management arrangements for establishing and implementing appropriate carbon reduction strategies.
The Committee agreed:-
(i) to note the contents of the Report; and
(ii) to approve the management arrangements for nominated representatives as detailed in the Report.
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15. CONSULTATION ON THE DRAFT NATIONAL GUIDANCE FOR CHILD PROTECTION IN SCOTLAND
There was submitted Report No 669/10 by the Chief Executive appending a copy of a draft response to the consultation exercise on the National Guidance for Child Protection in Scotland, which had been compiled by the Angus Child Protection Committee.
The Report indicated that the revised National Guidance on Child Protection reflected the changing child protection landscape in Scotland and was to be welcomed. There were no major concerns about the revised draft guidance as there was a general endorsement by the Angus Child Protection Committee of the key overarching principles. However, there was agreement that the guidance should be clearer in some areas and detailed comments on the draft guidance were set out in the draft response.
The Committee agreed:-
(i) to note the contents of the Report; and
(ii) to instruct the Chief Executive, on behalf of the Angus Executive Group for Child Protection, to forward the proposed response to the Scottish Government.
16. ANGUS CHILD PROTECTION COMMITTEE ANNUAL REPORT AND BUSINESS PLAN 2009/2010
With reference to Article 12 of the minute of meeting of the Education Committee of 26 August 2010, there was submitted Joint Report No 516/10 by the Chief Executive, the Director of Social Work and Health, the Director of Education and the Director of Neighbourhood Services advising members of the Angus Child Protection Committee Annual Report for 2009/2010 which set out the work of the Committee and detailed the priorities for the Committee during 2010/2011.
The Report indicated that the next year would see the Child Protection Committee continuing to provide a strategic overview of partnership improvement actions and developments aimed at improving the outcomes for the children and young people of Angus. The 2010/2011 Business Plan set out key priorities and improvement agenda for the coming year.
The Committee, for its interest, agreed to note the contents of the Angus Child Protection 2009/2010 Annual Report and Business Plan.
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APPENDIX I to the minute of meeting of the Strategic Policy Committee of 7 September 2010 (Article 3(b) refers)
MINUTE of MEETING of the SCRUTINY AND AUDIT SUB-COMMITTEE of the STRATEGIC POLICY COMMITTEE held in The Board Room, Angus House, Forfar on Tuesday 22 June 2010 at 12.00 noon.
Present: Councillors BOB MYLES, IAN MACKINTOSH, PAUL VALENTINE, ALEX KING, HELEN OSWALD, DAVID MAY and JOHN WHYTE.
Councillor MYLES, Convener, in the Chair.
1. APOLOGIES/SUBSTITUTES
Apologies for absence were intimated on behalf of Councillors Iain Gaul and Mark Salmond with Councillors Paul Valentine and David May substituting respectively.
2. DECLARATIONS OF INTEREST
There were no declarations of interest made.
3. MINUTE OF PREVIOUS MEETING
The minute of meeting of this Sub-Committee of 18 May 2010 was submitted and approved as a correct record.
4. REVIEW OF WARDEN SERVICES
The Sub-Committee agreed to defer consideration of Report No 477/10.
5. UNAUDITED ACCOUNTING STATEMENTS 2009/2010 AND ASSOCIATED MATTERS
(a) Draft Unaudited Accounting Statements 2009/2010
There was submitted Report No 478/10 by the Director of Corporate Services and the Head of Finance appending a copy of the Council’s 2009/2010 draft Unaudited Accounting Statements which were being submitted to this Sub-Committee and to Angus Council, prior to their submission to the Controller of Audit for audit purposes. The Report highlighted a number of items contained within the Accounting Statement and also made comment on aspects of budget performance.
The Report indicated that the Council was required by law to prepare a set of Accounting Statements which set out its financial position at the end of each financial year. The Accounts had been prepared by the Head of Finance and his staff on a draft basis for submission to the Controller of Audit so that they could be scrutinised for accuracy and completeness. The Accounts represented the culmination of the year’s financial transactions and were an essential means of demonstrating the proper stewardship of public funds as well as budget performance and financial control.
Having heard from the Head of Finance, the Sub-Committee agreed to note the 2009/2010 draft Unaudited Accounting Statements appended to the Report and the Budget Performance Commentary, as set out in Section 4 of the Report.
(b) Internal Audit Activity Update
With reference to Article 7 of the minute of meeting of this Sub-Committee of 18 May 2010, there was submitted Report No 480/10 by the Head of Finance providing the Chief Internal Auditors update on the progress of the 2009/2010 and 2010/2011 internal audit plans and summarising the main findings of Internal Audit Reports issued since the date of the last Scrutiny and Audit Sub-Committee.
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In relation to the 2009/2010 audit plan, the vast majority of the audit work had been discharged with all but 3 audits either complete or with the client in draft for consideration. In relation to the 2010/2011 audit plan, work was well underway with the Corporate Governance Audit, the single largest audit in the plan being complete. The Report also provided details of the other audits that were now underway.
The Report detailed the Internal Audit Reports that had been finalised and issued since the last Sub-Committee meeting, these being:-
Performance Indicators (Corporate 09-15b) Stocks HR Compliance (Infrastructure Services 09-28) Saltire Leisure Services (Neighbourhood Services 09-24) Management of Contracted Services (Social Work & Health 09-12) Northgate Revenues and Benefits (Corporate Services 09-39) Data Protection (Corporate Services 09-26) IT Inventory Control (Corporate Services 09-35)
IT Patch Management (Corporate Services 09-25) Webster Theatre (Neighbourhood Services 09-36) Creditors (Neighbourhood Services 09-32)
The Sub-Committee agreed:
(i) to note the progress of the 2009/2010 2011 Audit Plans;
(ii) to note the summaries of the Audit Reports and follow-ups;
(iii) that in relation to Creditors Audit 09-32, whilst noting the significant progress that had been achieved in the processing of invoices within a 30 day period, the Director of Corporate Services report on progress to this Sub-Committee on a regular basis, and if possible, on a quarterly basis; and
(iv) to note that the Chief Internal Auditor would bring back to future Sub- Committees update Reports in relation to follow-up audits including any outstanding actions.
(c) Chief Internal Auditors Annual Report and Assurances 2009-2010
There was submitted Report No 481/10 by the Head of Finance presenting the Chief Internal Auditors Annual Report and Independent Assurance opinions in relation to both the overall corporate governance arrangements and internal controls for 2009/2010.
The Report indicated that in terms of overall corporate governance it was the Chief Internal Auditors opinion that although there was work to be completed for full compliance with the local code, the overall governance arrangements of the Council were considered sound. In relation to the Council’s internal financial controls, whilst some matters in relation to assurance and compliance had been raised, the Chief Internal Auditor had indicated that internal financial control arrangements and the framework in which the Council operated were generally sound.
The Sub-Committee agreed to note the contents of the Annual Report and Assurances for 2009/2010, as appended to the Report.
(d) Local Code of Corporate Governance
With reference to Article 5(c) above, there was submitted Report No 479/10 by the Chief Executive advising of the outcome of the Annual Review of Compliance with the Council’s Local Code of Corporate Governance and appending a copy of the draft Annual Governance Statement which was required to be signed by the Chief Executive and the Leader of the Council.
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The Report indicated that the overall conclusion from the review was that in 2009/2010 the Council continued to demonstrate that the governance arrangements and framework within which the Council operated were generally sound and operating effectively, with significant advances having been made during the year in supporting the Council’s Governance arrangements. The Review had however identified a small number of areas where further improvement in governance arrangements was required to achieve full compliance with the Local Code, particularly in relation to arrangements for scrutiny, community engagement and performance management. These areas had also been highlighted in the BV2 Pathfinder Audit and as a result of which, specific actions to address these areas had been incorporated within the Council’s Corporate Improvement Plan that had been agreed by the Council on 10 June 2010.
The Sub-Committee agreed:
(i) to note the terms of the draft Annual Governance Statement as attached as Appendix 2 to the Report which would be signed by the Leader of the Council and the Chief Executive and which would be included in the Annual Accounts and the Annual Corporate Report;
(ii) to approve the changes to the Local Code of Corporate Governance, as detailed in Appendix 3 to the Report; and
(iii) that the Chief Executive review the training provision for elected members, to ensure compliance with the Local Code.
6. EXTERNAL AUDIT REPORTS
There was submitted and noted external Audit Reports in relation to:
(i) Financial Statements Audit Plan 2009/2010; and
(ii) Audit Progress Report 2009/2010
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APPENDIX II to the minute of meeting of the Strategic Policy Committee of 7 September 2010 (Article 3(b) refers)
MINUTE of MEETING of the SCRUTINY AND AUDIT SUB-COMMITTEE of the STRATEGIC POLICY COMMITTEE held in The Board Room, Angus House, Forfar on Tuesday 10 August 2010 at 2.00 pm.
Present: Councillors BOB MYLES, IAN MACKINTOSH, PAUL VALENTINE, ALEX KING, HELEN OSWALD, COLIN BROWN and JOHN WHYTE.
Councillor MYLES, Convener, in the Chair.
1. APOLOGIES/SUBSTITUTES
Apologies for absence were intimated on behalf of Councillors Iain Gaul and Mark Salmond with Councillors Paul Valentine and Colin Brown substituting respectively.
2. DECLARATIONS OF INTEREST
There were no declarations of interest made.
3. MINUTE OF PREVIOUS MEETING
The minute of meeting of this Sub-Committee of 22 June 2010 was submitted and approved as a correct record.
4. SICKNESS ABSENCE JANUARY – MARCH 2010
With reference to Article 8 of the minute of meeting of this Sub-Committee of 6 April 2010, there was submitted Report No 512/10 by the Chief Executive advising on the level of sickness absence within Angus Council for the period 1 January to 31 March 2010.
The Report indicated that compared with the same period last year, there had been a slight decrease in absences.
The Sub-Committee agreed:-
(i) to note the contents of the Report; and
(ii) that where possible, the most recent quarterly figures be submitted to the Sub- Committee.
5. AUDIT SCOTLAND REPORT – IMPROVING PUBLIC SECTOR EFFICIENCY
With reference to Article 10 of the minute of meeting of this Sub-Committee of 6 April 2010, there was submitted Joint Report No 513/10 by the Chief Executive and the Head of Finance highlighting the key messages from Audit Scotland’s Report on improving public sector efficiency and identifying where Angus Council needed to do further work to address the recommendations in the Auditor’s Report.
The Report indicated that the Improving Public Section Efficiency Report was not aimed solely at local authorities but at the public sector as a whole, although it was of particular relevance to central and local government and the health service, given that these organisations made up the majority of public spending in Scotland. The Report set out a number of recommendations for “the Scottish Government and public bodies to consider” and these were detailed at paragraph 4.1 of the Report along with a brief commentary on where Angus Council was currently in relation to these recommendations and what further action was thought to be needed.
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Appended to the Report was a good practice checklist to accompany Audit Scotland’s main Report and officers had undertaken a corporate self assessment against this checklist. The actions arising from the checklist and the recommendations at paragraph 4.1 of the Report, would be added to the Council’s Corporate Improvement Plan to allow progress to be monitored.
The Sub-Committee agreed to approve the contents of the Report including the main implications for Angus Council and the further action intended to address the points raised in Audit Scotland’s Report, subject to the action in relation to benchmarking being amended to reflect that Directors be reminded of the need to use benchmarking programmes etc.
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ANGUS COUNCIL
MINUTE of MEETING of the CIVIC LICENSING COMMITTEE held in the Town and County Hall, Forfar on Tuesday 7 September 2010 at 6.00 pm.
Present: Councillors IAN MACKINTOSH, DAVID FAIRWEATHER, COLIN BROWN, MAIRI EVANS, DAVID LUMGAIR, ROB MURRAY and HELEN OSWALD.
Councillor MACKINTOSH, Convener, in the Chair.
1. APOLOGIES
Apologies for absence were intimated on behalf of Councillors Jim Millar, Mark Salmond, Bob Spink and Margaret Thomson.
2. DECLARATIONS OF INTEREST
Councillor Oswald declared an interest in item 6 as her son-in-law’s brother plays for Arbroath Football Club, (Junior Section). She advised that she would be taking part in any discussion and voting.
3. MINUTE OF PREVIOUS MEETING
The minute of meeting of this Committee of 17 August 2010 was approved as a correct record and signed by the Convener.
4. DELEGATED APPROVALS
There was submitted Report No 658/10 by the Director of Corporate Services detailing applications for licences under the Civic Government (Scotland) Act 1982 and other miscellaneous Acts, which had been granted/renewed by the Head of Law and Administration in accordance with the Scheme of Delegation appended to Standing Orders.
The Committee agreed to note the applications, detailed in the Appendix to the Report, granted/renewed under delegated powers during the period 5 to 24 August 2010.
5. BALCATHIE FARM, BY ARBROATH
There was submitted Report No 659/10 by the Director of Infrastructure Services regarding an application received from Andrew Gray, for a licence to operate a temporary workers caravan site at Balcathie Farm, by Arbroath.
The Committee agreed:-
(i) to grant a temporary workers caravan site licence to Andrew Gray, Auchrennie Farm, Muirdrum, by Carnoustie, for a site located at Balcathie Farm, by Arbroath for up to 14 static caravans, the site licence to expire on 2 July 2015; and
(ii) to note that the site would operate between 1 March to 31 October each year.
6. DESIGNATED SPORTS GROUNDS AND REGULATED STANDS IN ANGUS
With reference to Article 9 of the minute of meeting of this Committee of 18 August 2009, there was submitted Report No 671/10 by the Director of Corporate Services which dealt with the annual inspection by the Tayside Sports Ground Safety Team of Gayfield Park, Arbroath, and the regulated stands at Links Park, Montrose, Glebe Park, Brechin and Station Park, Forfar.
429 The Committee agreed:-
(i) to note the outcome of the annual inspections of the sports ground at Gayfield Park, Arbroath and the regulated stands at Links Park, Montrose, Glebe Park, Brechin and Station Park, Forfar;
(ii) to note that the General Safety Certificates had been issued to Arbroath, Brechin, Forfar and Montrose Football Clubs covering the period 1 July 2010 to 30 June 2011, subject to identified actions being taken by the clubs; and
(iii) to remit to the Tayside Sports Grounds Safety Team to follow up the various matters raised in the inspection reports with the clubs concerned.
7. EXCLUSION OF PUBLIC AND PRESS
The Committee resolved, in terms of Standing Order 27(2) that the public and press be excluded from the meeting during consideration of the following items, so as to avoid the possible disclosure of information that was exempt in terms of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973, paragraphs 3 and 6.
8. NEW APPLICATIONS
There was submitted Report No 672/10 by the Director of Corporate Services on applications received for new licences under the Civic Government (Scotland) Act 1982 and other miscellaneous Acts, which required to be determined by the Committee, as detailed in the appendix to the Report.
(a) Taxi Driver's Licence (TD13)
The Committee considered an application for a taxi driver's licence (TD13) received on 11 March 2010 and noted that the applicant had not completed a satisfactory knowledge test.
The applicant was not present.
The Committee noted that the application required to be determined before its next scheduled meeting and agreed that the application be refused on the grounds that the applicant was not a fit and proper person to hold a licence.
(b) Taxi Driver's Licence (TD14)
The Committee considered a letter of representation received from Tayside Police dated 6 July 2010 in relation to an application for a taxi driver's licence (TD14) received on 30 June 2010.
The applicant was present and answered questions from the Committee.
The Committee agreed that the application be granted, subject to standard conditions.
(c) Dog Breeding Establishment Licence (DB2)
The Committee considered a letter of representation received from Tayside Police dated 11 May 2010 in relation to an application for a dog breeding establishment licence (DB2) received on 5 May 2010 and noted that a memorandum from the Senior Service Manager, Economic Development and Environmental and Consumer Protection Division dated 4 August 2010 had been received outwith the statutory 21 day period.
Stewart Ball, Senior Service Manager advised the Committee that the memorandum had been submitted late due to the Council’s animal health inspector being unable to inspect the premises, resulting in them being unable to reply within the statutory period.
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The Committee agreed that it was satisfied there were sufficient reasons for the lateness of the memorandum and accordingly it was then circulated to the Committee.
The applicant was present and addressed the Committee after which the Committee heard from Stewart Ball, Senior Service Manager, Economic Development and Environmental and Consumer Protection Division.
The Committee agreed that the application be granted, subject to the standard conditions and the following additional conditions:-
(i) that no more than 5 bitches be used in the breeding establishment and these be identified by microchip; and
(ii) that all dogs in the establishment have a valid certificate of vaccination, and that the records of mating, births and sale of puppies be available for inspection at all times.
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