AGENDA for the MEETING of the STIRLING COUNCIL to Be Held As a Virtual Meeting by MICROSOFT TEAMS on THURSDAY 24 JUNE 2021 Comme

AGENDA

AGENDA for the MEETING of the STIRLING COUNCIL to be held as a virtual meeting by MICROSOFT TEAMS on THURSDAY 7 OCTOBER 2021 commencing at 10.00 am

In accordance with Section 43 of the Local Government in Scotland Act 2003 the Chair has agreed that this meeting will be conducted in such a manner as to allow remote attendance by Elected Members.

Please note that the meeting will be held via Microsoft Teams and will be broadcast live via the Stirling Council YouTube page at: https://www.youtube.com/user/stirlingcouncil

A recording of the meeting will also be made publicly available on the Council’s YouTube page following the meeting.

JULIA MCAFEE Chief Officer – Governance Clerk to the Council

1 October 2021

B U S I N E S S

1. APOLOGIES

2. DECLARATIONS OF INTEREST

3. URGENT BUSINESS

4. MINUTES

a. Stirling Council – Special – 17 June 2021 (Pages 1 - 4)

b. Stirling Council – 24 June 2021 (Pages 5 - 28)

c. Appeals Panel – 29 July 2021 (Pages 29 - 30) d. Local Review Body – 7 July 2021 (Pages 31 - 34)

e. Local Review Body – 13 July 2021 (Pages 35 - 38)

f. Chief Executive Appraisal – 2 September 2021 (Pages 39 - 42)

5. WRITTEN QUESTIONS

6. QUESTION TIME

Council

7. ANNUAL REVIEW OF GOVERNANCE DOCUMENTS Report by Chief Officer Governance (Pages 43 - 228)

8. COUNCIL APPOINTMENTS Report by Chief Officer Governance (Pages 229 - 234)

9. COMMUNITY COUNCIL SCHEME OF ESTABLISHMENT – REMOVAL OF TEMPORARY AMENDMENTS Report by Chief Officer Governance (Pages 235 - 288)

10. QUEEN’S PLATINUM JUBILEE 2022 Report by Chief Operating Officer Communities and Performance (Pages 289 - 294)

11. CAPITAL BUDGET APPROVAL FOR 2022-2023 FOR BORESTONE PRIMARY SCHOOL EXTENSION Report by Chief Officer - Finance (Pages 295 - 300) Notices of Motion

12. MOTIONS IN TERMS OF STANDING ORDER 39

(a) Allocations Policy

This council recognises the significant and often long term impact that harassment and other forms of anti social behaviour can have on those effected. It affects quality of life, mental health and physical wellbeing for those involved. Often those who are victims will want to move away from the source of these difficulties.

Council agrees that officers should consult with housing advisory group, tenants and all appropriate stakeholders with regards to how the current allocations policy could better reflect this and support the best possible options for victims.

Once this consultation has been completed a report detailing options is to be brought forward to the Environment & Housing Committee for consideration.

Signed by Councillor Bryan Flannagan and Councillor Martin Earl

(b) Challenge Poverty Week

Council recognises Challenge Poverty Week 2021 - which runs from 4th–10th October 2021 - and the efforts of council officers and third sector partners who work hard to challenge poverty in its many guises every week of every year.

Council agrees with the Poverty Alliance who say low wages, inadequate social security payments and the rising cost of living are holding people back. Too many people in our society are locked in the grip of poverty. Poverty can, and must, be solved. Action must be taken to boost people’s incomes, reduce the cost of living and create a place where nobody is restricted from playing a full role in society because of financial pressures.

Council notes its disappointment in proposed cuts to social security payments and recognises that rising energy prices will put a further pressure on those who can least afford it.

Council recognises that everybody has a role to play in tackling poverty and reaffirms its commitment to continue to put tackling poverty at the heart of decision making and be a strong voice in ending the stigma around poverty.

Signed by Councillor Chris Kane and Councillor Scott Farmer

(For further information contact: Committee Officer – Louise McDonald, [email protected], 01786 2 33746 or Chief Officer - Governance – Julia McAfee, [email protected], 01786 2 33108)

1 THIS ITEM RELATES TO ITEM 4a ON THE AGENDA STIRLING COUNCIL

MINUTES of SPECIAL MEETING of STIRLING COUNCIL held as a VIRTUAL MEETING by MICROSOFT TEAMS on THURSDAY 17 JUNE 2021 at 1.30 PM

Present: Provost Christine SIMPSON (in the Chair)

Councillor Maureen BENNISON Councillor Jane HUTCHISON Councillor Neil BENNY Councillor Chris KANE Councillor Alistair BERRILL Councillor Alison LAURIE Councillor Margaret BRISLEY Councillor Alasdair MacPHERSON Councillor Robert DAVIES Councillor Alastair MAJURY Councillor Douglas DODDS Councillor Jeremy McDONALD Councillor Martin EARL Councillor Susan McGILL Councillor Scott FARMER Councillor Ross OXBURGH Councillor Bryan FLANNAGAN Councillor Jim THOMSON Councillor Danny GIBSON Councillor Alasdair TOLLEMACHE Councillor Graham HOUSTON Councillor Evelyn TWEED

In Attendance

Carol Beattie, Chief Executive Jim Boyle, Chief Officer – Finance Martin Dalziel, Team Leader for External Communications Isabel McKnight, Chief Operating Officer – Communities & Performance Sean Moffat, Assistant Analyst Brian Roberts, Chief Operating Officer – Infrastructure & Environment Julia McAfee, Chief Officer - Governance (Clerk) Louise McDonald, Committee Officer (Minute Taker) Islay Moore, Support Officer – Governance

Also in Attendance

Adam Haahr, External Audit

Recording of Meeting started

Prior to the commencement of business, the Provost welcomed and thanked everyone for attending the meeting via MS Teams.

A statement was read to the meeting providing detail on the procedures related to MS Teams and the protocols that both Members and Officers should adhere to throughout the meeting.

The Provost asked the Clerk to carry out a roll call of all Members participating in the meeting. The Clerk confirmed all Members were present. 2

SC411 REQUISITION

Motion

“Council noted the failure of the SNP Council leadership to listen to the public outcry on the issue of the changes to Waste Collection at Stirling Council.

Council noted the failure of the SNP Council Leadership to listen to the public and remove the Viewforth Link Road from the Local Transport Plan and Local Development Plan.

Council believed that these issues exemplify an administration that had lost touch with the people of Stirling.

Council believed that the times that we are in, given recovery from Covid called for a new approach to leadership which would listen to the people of Stirling and involve all shades of opinion.

Council no longer had confidence in the administration to deliver on the priorities it had set and the priorities of the people of Stirling.

Council removed delegations to and ceased the operation of Community Planning & Regeneration, Children and Young People, Finance & Economy and Environment and Housing committees.”

Moved by Councillor Neil Benny, seconded by Councillor Martin Earl

Amendment

“Council continues to have confidence in the Provost and Administration and recognises that Stirling and Stirling Council officers will benefit from continuity and stability, with the next scheduled elections only ten months away in May 2022.”

Moved by Councillor Scott Farmer, seconded by Councillor Danny Gibson

For the Amendment Councillor Margaret Brisley Councillor Scott Farmer Councillor Danny Gibson Councillor Graham Houston Councillor Chris Kane Councillor Alison Laurie Councillor Alasdair MacPherson Councillor Susan McGill Councillor Christine Simpson Councillor Jim Thomson Councillor Evelyn Tweed

Against the Amendment Councillor Neil Benny Councillor Alistair Berrill Councillor Robert Davies Councillor Douglas Dodds Councillor Martin Earl Councillor Bryan Flannagan 3

Councillor Jane Hutchison Councillor Alastair Majury Councillor Jeremy McDonald Councillor Ross Oxburgh

Not Voting Councillor Maureen Bennison Councillor Alasdair Tollemache

The Amendment was carried by 11 votes to 10 votes with 2 Members not voting. The Amendment therefore became the Substantive Motion.

For the Substantive Motion Councillor Margaret Brisley Councillor Scott Farmer Councillor Danny Gibson Councillor Graham Houston Councillor Chris Kane Councillor Alison Laurie Councillor Alasdair MacPherson Councillor Susan McGill Councillor Christine Simpson Councillor Jim Thomson Councillor Evelyn Tweed

Against the Substantive Motion Councillor Neil Benny Councillor Alistair Berrill Councillor Robert Davies Councillor Douglas Dodds Councillor Martin Earl Councillor Bryan Flannagan Councillor Jane Hutchison Councillor Alastair Majury Councillor Jeremy McDonald Councillor Ross Oxburgh

Not Voting Councillor Maureen Bennison Councillor Alasdair Tollemache

The Substantive Motion was carried by 11 votes to 10 votes with 2 Members not voting.

Councillor Neil Benny stated that he had withdrawn the other two points from the requisition.

Decision

Council continues to have confidence in the Provost and Administration and recognises that Stirling and Stirling Council officers will benefit from continuity and stability, with the next scheduled elections only ten months away in May 2022.

The Provost declared the Meeting closed at 1.50pm

4 5 THIS ITEM RELATES TO ITEM 4b ON THE AGENDA

STIRLING COUNCIL

MINUTES of MEETING of STIRLING COUNCIL held as a VIRTUAL MEETING by MICROSOFT TEAMS on THURSDAY 24 JUNE 2021 at 10.00 AM

Present: Provost Christine SIMPSON (in the Chair)

In Attendance

Carol Beattie, Chief Executive Annemargaret Black, Clackmannanshire & Stirling Health & Social Care Partnership/Integrated Joint Board Jim Boyle, Chief Officer – Finance Stephen Clark, Chief Officer – Housing Martin Dalziel, Team Leader for External Communications Linda Devine, Senior Accountant Lisa Dunlop, Service Manager Organisational Development Graeme Forrester, Lead Solicitor - Governance Pamela Forsyth, HR Advice & Policy Manager Liz Fraser, Policy Officer Charlie Haggerty, Legal Manager David Hopper, Public Transport & Sustainable Development Manager Drew Leslie, Senior Manager – Infrastructure Bruce McClure, Senior Manager – City Region Deal David McDougall, Governance Officer Gillian McKenzie, Accountant Isabel McKnight, Chief Operating Officer – Communities & Performance Sean Moffat, Assistant Analyst Bryony Monaghan, Interim Head of Education (Chief Education Officer) George Murphy, Accounting Operations Manager Stuart Oliver, Senior Manager – Economic Development & Communities Bruce Reekie, Senior Manager – Environment & Place Brian Roberts, Chief Operating Officer – Infrastructure & Environment Marie Valente, Senior Manager (Chief Social Work Officer) Gregor Wightman, Property & Private Sector Housing Manager Julia McAfee, Chief Officer - Governance (Clerk) Louise McDonald, Committee Officer (Minute Taker) 6

Islay Moore, Support Officer – Governance

Also in Attendance

Jorge Iguzquiza, Petitioner

Recording of Meeting started

Prior to the commencement of business, the Provost welcomed and thanked everyone for attending the meeting via MS Teams. A statement was read to the meeting providing detail on the procedures related to MS Teams and the protocols that both Members and Officers should adhere to throughout the meeting. Members were advised that they would be limited to two questions per item at this meeting.

The Provost asked the Clerk to carry out a roll call of all Members participating in the meeting. The Clerk confirmed all Members were in attendance except for Councillor Robert Davies.

SC412 APOLOGIES

There were no apologies submitted.

SC413 DECLARATIONS OF INTEREST

Councillor Margaret Brisley and Councillor Alison Laurie declared a non-financial interest in item SC430 “Stirling Development Agency – Revised Joint Venture and Development Agreements” as Members of the Board. Councillor Evelyn Tweed declared an interest as a Member of the Scottish Parliament. Councillor Alasdair Tollemache declared a non-financial interest in item SC422 “Health & Social Care Partnership Supplementary Budget Allocation” as the Chair of Town Break.

SC414 URGENT BUSINESS

The Provost noted that given the urgent need for the Council to consider the Appointment of Director to the Board of thinkWhere Limited there were special reasons as to why the matter should be treated as Urgent Business. The relevant report would be considered at the end of the agenda before the exempt business.

SC415 MINUTES

The following minutes were submitted for approval:-

a. Stirling Council – 29 April 2021

Decision

The Minutes of the Stirling Council Meeting held on 29 April 2021 were agreed as an accurate record of proceedings.

b. Stirling Council – Special – 27 May 2021

Decision

The Minutes of the Stirling Council Special Meeting held on 27 May 2021 were agreed as an accurate record of proceedings.

c. Stirling Council – Special– 31 May 2021

Decision

The Minutes of the Stirling Council Special Requisition Meeting held on 31 May 2021 were agreed as an accurate record of proceedings.

d. Local Review Body – 2 June 2021

Decision

The Minutes of the Local Review Body held on 2 June 2021 were agreed as an accurate record of proceedings.

e. Local Review Body - Reconvened – 2 June 2021

Decision

The Minutes of the Local Review Body - Reconvened held on 2 June 2021 were agreed as an accurate record of proceedings.

Councillor Robert Davies joined the meeting

SC416 WRITTEN QUESTIONS

9 written questions had been received in terms of Standing Order 30. The questions and answers are attached at Appendix 1 to these Minutes.

The Members who had put the written questions were allowed one supplementary question and the supplementary questions and answers are also included in Appendix 1.

SC417 QUESTION TIME

In terms of Standing Order 37, Members had the opportunity to put questions to the Provost, the Leader of the Council, any Portfolio Holder or Committee Convener or Chair of any Panel as appropriate regarding any business included in the Volume of Minutes circulated with the agenda for the meeting and any minutes on the agenda for approval.

The following questions were put:-

Councillor Douglas Dodds - Minutes of Stirling Council on 29 April 2021 (SC395 - Question regarding Parking Enforcement Officers working practices) 8

Councillor Jim Thomson advised that the service was not yet up to full complement but he would obtain detail and provide to Councillor Dodds

Councillor Jeremy McDonald - Minutes of Stirling Council on 29 April 2021 (SC400 - Question regarding Community Council Support)

Councillor Chris Kane confirmed that Community Councils could access support when they required it.

Councillor Ross Oxburgh - Minutes of Stirling Council on 29 April 2021 (SC401 - Question regarding Alcohol Byelaw implementation)

Councillor Danny Gibson advised that he would obtain detail on when Scottish Government would implement and provide to Councillor Oxburgh.

Councillor Neil Benny - Minutes of Stirling Council on 29 April 2021 (SC404 - Question Directorships on Boards)

Councillor Scott Farmer advised that this was kept under active review and if there were particular issues facing Arms-Length Companies where the Council required to bolster representation then due consideration was given. There was a requirement to have Elected Members on boards to oversee that direction was aligned with the Councils vision and priorities.

SC418 DEPUTATION PETITION

A petition had been received asking Council to introduce a Deputation Policy. This report provided information on the use of deputations in other local authorities to enable Members to determine how best to deal with the petition in terms of the options available to them in the Scheme of Delegation.

The Petitioner, Jorge Iguzquiza was in attendance and provided a statement in support of his petition.

Members welcomed the petition and were in support of introducing a procedure to enable deputations to be considered. .

Councillor Scott Farmer moved the recommendations and proposed to refer the petition to the Chief Officer-Governance, in consultation with the Leader and Depute Leader of Council, Leader and Depute Leader of the Opposition and Councillors Davies, Bennison and Tollemache to consider the implementation of the petition and report back to a future meeting of Council.

Councillor Neil Benny seconded the proposal.

Council was in full agreement.

Decision

Council agreed to:

1. note the information provided in the report; and 9

2. refer the petition to the Chief Officer-Governance, in consultation with the Leader and Depute Leader of Council, Leader and Depute Leader of the Opposition and Councillors Davies, Bennison and Tollemache to consider the introduction of a procedure to enable deputations to be considered and report back to a future meeting of Council.

(Reference: Report by Chief Officer - Governance, dated 27 May 2021, submitted).

SC419 APPOINTMENTS TO COMMITTEES, PANELS AND EXTERNAL ORGANISATIONS

The report invited Council to appoint Members to fill a number of vacancies which had arisen on Committees, Panels and external organisations and also to agree a number of changes to current Committee appointments. This was a power reserved to Council in terms of the scheme of delegation.

Nominations from the Administration and Opposition for a number of appointments were set out within Appendix 1 to the report and also within a supplementary list which was provided in advance of the meeting.

Table 1 contained the roles previously held by the late Councillor Graham Lambie. Councillor Benny advised that Councillor Jane Hutchison was nominated to fill the position on Mugdock Country Park Management Committee and Councillor Bryan Flannagan was nominated to fill the position on the Stirlingshire Educational Trust.

Councillor Scott Farmer proposed and Councillor Danny Gibson seconded. Council agreed.

Table 2 contained the roles previously held by Councillor Evelyn Tweed. Councillor Scott Farmer was nominated to fill the position of Public Safety Committee Convener.

Councillor Scott Farmer proposed and Councillor Danny Gibson seconded. Council agreed.

Table 3 contained the changes proposed within the Labour Group.

Councillor Chris Kane proposed and Councillor Danny Gibson seconded. Council agreed.

Table 4 contained the changes proposed within the Conservative Group.

Councillor Neil Benny proposed and Councillor Martin Earl seconded. Council agreed

The supplementary list contained the additional changes required to appointments.

Councillor Scott Farmer proposed and Councillor Danny Gibson seconded. Council agreed.

Decision

Council agreed to: 10

1. appoint the nominated Members to the roles previously held by Councillor Graham Lambie, as set out in Table 1, with inclusion of Councillor Jane Hutchison to Mugdock Country Park Management Committee and Councillor Bryan Flannagan to Stirlingshire Educational Trust; 2. appoint the nominated Members to the roles previously held by Councillor Evelyn Tweed, as set out in Table 2; 3. appoint Councillor Scott Farmer to the role of Convener of the Public Safety Committee; 4. appoint the nominated Members as set out in Table 3; 5. appoint the nominated Members as set out within Table 4; and 6. appoint the nominated Members to the roles recorded on the supplementary list of vacancies.

(Reference: Report by Chief Officer - Governance, dated 15 June 2021, submitted).

SC420 CLIMATE AND NATURE EMERGENCY PLAN

Stirling Council formally recognised the Climate and Nature Emergency on 3 October 2019. Council agreed at a meeting on 5 March 2021, that a draft Climate and Nature Emergency Plan be brought back for adoption. This Plan would be developed, following consideration by a Member Officer Working Group and with public consultation.

The consultation took place from March 2021 and closed on 4 May 2021. Consultation feedback had now been incorporated into the final Plan, in consultation with the Member Officer Group. The final Plan was attached for consideration, comment and approval.

Members agreed that the composition of the Climate Change Group was to include those members who had been members of the member officer working group but that Councillor Jane Hutchison would replace Councillor Neil Benny. .

Councillor Jim Thomson proposed the recommendations and Councillor Danny Gibson seconded.

Decision

Council agreed to: 1. the changes to the draft Climate and Nature Emergency Plan as outlined in the report; 2. approve the draft Climate and Nature Emergency Plan; 3. the establishment of the Climate Change Group to meet monthly up to 31 March 2022, with the composition to be the current Members who are part of the Member Officer Working Group with the exception of Councillor Neil Benny who was to be replaced with Councillor Jane Hutchison; 4. that regular updates are brought to the Environment & Housing Committee to report progress on delivery of the Climate and Nature Emergency Plan; and 5. note that the Council was now a signatory to the Edinburgh Declaration, as of January 2021. 11

(Reference: Report by Senior Manager - Infrastructure, dated 30 May 2021, submitted).

SC421 COVID-19 RECOVERY PLAN

At the meeting of Stirling Council on 11 March 2021, the Council approved the establishment of a Member Officer Group with the remit to draft a Recovery Plan for Stirling. The Recovery Plan was presented for approval.

Following a discussion on the impact on children and their family time, officers agreed to provide Councillor Bennison with further information.

Members thanked officers for their continued engagement during the pandemic and the herculean effort by all.

Councillor Scott Farmer proposed the recommendations and Councillor Chris Kane seconded.

Decision

Council agreed to: 1. note the contents of the draft Recovery Plan; and 2. approve the draft Recovery Plan.

(Reference: Report by Chief Executive, dated 15 June 2021, submitted).

Councillor Evelyn Tweed left the meeting

SC422 HEALTH & SOCIAL CARE PARTNERSHIP SUPPLEMENTARY BUDGET ALLOCATION

Following on from the Council budget meeting on 11 March 2021, further consideration of the budget for the Clackmannanshire & Stirling Health & Social Care Partnership (HSCP) was required. This was in line with the decision of the Council at that meeting to set aside a maximum sum of £0.6M to cover potential further budget funding to the partnership, due to the partnership’s budget position not having been finalised at that time and the fact that the two other partners had not yet made budget decisions.

The report took into account further reports that had been considered by the HSCP’s Board, including confirmation of the budget transfers by the other two partners, Clackmannanshire Council and NHS Forth Valley.

Councillor Margaret Brisley proposed the recommendations and Councillor Alison Laurie seconded.

Decision

Council agreed to: 12

1. approve the transfer of a further sum of £0.29M to the Clackmannanshire & Stirling Health & Social Care Partnership to meet the 2021/22 pay award , funded from the sum of £0.6M approved to be set aside by the Council for that purpose; 2. approve that the remaining sum of £0.310M be retained as a corporate contingency budget.

(Reference: Report by Chief Officer - Finance, dated 15 June 2021, submitted).

SC423 STIRLING COUNCIL 5 YEAR BUSINESS PLAN AND STRATEGIC WORKFORCE PLAN

The purpose of the report was to provide an overview and to seek approval for Stirling Council’s refreshed Five Year Business Plan and Strategic Workforce Plan (2021-2026). A draft of the political forward was also provided to Members before the start of the meeting. .

Following a Member query on why the number of households with internet had decreased, officers advised that they would provide detail on the internet access figures to Councillor Earl.

It was highlighted that there would be full review of indicators.

Councillor Scott Farmer proposed the recommendation with the inclusion of the political forward and Councillor Chris Kane seconded.

Decision

Council agreed to approve the Five Year Business Plan and the Strategic Workforce Plan with inclusion of the political forward.

(Reference: Report by Chief Operating Officer – Communities & Performance, dated 1 June 2021, submitted).

SC424 RISK MANAGEMENT POLICY

The purpose of the report was to inform Members of the revised Risk Management Policy and to seek their approval for publication.

Councillor Margaret Brisley proposed the recommendation and Councillor Alison Laurie seconded.

Decision

Council agreed to approve the revised Risk Management Policy.

(Reference: Report by Chief Officer - Finance, dated 1 June 2021, submitted).

At 12.15pm the Council agreed to adjourn in terms of Standing Order 74

Recording of meeting was stopped 13

The Meeting reconvened at 12.45pm with all Elected Members (previously noted) present, with the exception of Councillor Evelyn Tweed

Recording of meeting started

SC425 STIRLING WATERFRONT AND STEADFAST HOMES

The purpose of the report was to seek Council approval to refinance the current portfolio of Mid-Market Rent (MMR) properties currently owned by Steadfast Homes LLP and Stirling Waterfront LLP that would attract Scottish Government grant funding and would secure the long term provision of the properties and provide security of tenure for all current Mid-Market Rent tenants.

The proposal required Stirling Council to adopt a new Member Agreement for Steadfast Homes LLP and set up a new LLP that would act as the “second member” of the re-purposed Steadfast Homes. The re-purposed Steadfast Homes LLP would provide a mechanism to expand the portfolio of Mid-Market Rental properties as and when opportunities arise. There remains a demand for this form of affordable housing tenure.

Councillor Alasdair MacPherson proposed the recommendations and Councillor Danny Gibson seconded.

Decision

Council agreed to: 1. note the contents of the report detailing the circumstances surrounding the proposed restructuring of the Council’s Mid-Market Rent property holding; 2. the transfer of sixteen Mid-Market Rent properties owned by Stirling Waterfront LLP to Steadfast Homes LLP and thereafter agree to the winding up of Stirling Waterfront LLP; 3. seek Scottish Ministers Consent for Stirling Council to on-lend Public Works Loan Board borrowing to Steadfast Homes for the refinancing of the Mid Market Rent Portfolio; 4. the Strategic Housing Account retaining a £430,000 equity stake in the re- purposed Steadfast Homes LLP; 5. note that Officers would investigate options for the Housing Revenue Account equity stake of £1.334M, following further consideration of the financing options; 6. the following:- 6.1 approve the repayment of the current capital borrowing balances of both Steadfast Homes LLP and Stirling Waterfront LLP to Stirling Council in full; 6.2 delegate authority to the Chief Finance Officer to settle the outstanding pre-existing borrowings of Steadfast Homes and Stirling Waterfront; 6.3 approve new Public Works Loan Board borrowing of £10.601M to on-lend to Steadfast Homes LLP under a 40 year maturity loan to refinance the property holding; and 14

6.4 approve the application of the £3.422M of grant funding from the Scottish Government to fund the new financing arrangement outlined above. 7. approve the formation of a new LLP to act as the second member of Steadfast Homes LLP in place of Scottish Futures Trust; 8. delegate authority to the Chief Officer - Housing to appoint appropriate individuals to act as members of the board of the Steadfast Homes Limited Liability Partnership and the new LLP where required and following consultation with the appropriate convener, vice convenor, portfolio holder and opposition spokesperson; 9. note that the Chief Officer – Housing would authorise the acquisition of further suitable mid-market rental properties by Steadfast Homes LLP utilising delegated authority under the Chief Executive’s Scheme of Sub-Delegation CCE72 as required; but always subject to (i) The purchase price not exceeding the authorisation limit applicable to the Chief Officer Housing, (ii) appropriate due diligence procedures being undertaken, (iii) the appropriate committee being kept advised of units purchased at each meeting subsequent to any purchase, and (iv) any large or unusual acquisition proposals being remitted to Committee or Council for approval to purchase to be sought; and 10. note the communication strategy with current tenants would provide reassurance that their current legal rights would be retained and that they have onward security of tenure with Steadfast Homes LLP.

(Reference: Report by Chief Officer - Housing, dated 27 May 2021, submitted).

SC426 MEETING OUR EQUALITY DUTIES 2021 – 25

The Equality Act 2010 and the Public Sector Equality Duty requires the Council to publish reports confirming how it had and would continue to meet its statutory equality obligations. The report presented Council with information as how it would continue to meet these obligations

Officers responded to a number of questions from Members and provided further detail on items within the report.

Councillor Scott Farmer proposed the recommendations and Councillor Chris Kane seconded.

Decision

Council agreed to:

1. approve the Mainstreaming Report 2021 - Service Delivery; 2. approve the Mainstreaming Report 2021 – Employment; 3. approve the Equal Pay Statement 2021; 4. approve the Outcomes Progress Report 2017-21; 5. approve the Proposed Equality Outcomes 2021-25; 6. note further work would be undertaken to develop actions to support delivery of the above equality outcomes, together with monitoring arrangements for these; and 15

7. instruct officers to publish the above reports.

(Reference: Report by Chief Operating Officer – Communities and Performance, dated 31 May 2021, submitted).

SC427 STIRLING COUNCIL DRAFT ACCOUNTS 2020/21

The report outlined the key features of the financial position displayed in the 2020/21 draft accounts, incorporating a brief overview of the General Fund and Housing Revenue Account (HRA) revenue and capital outturn positions.

The report also asked the Council to approve an update to the 2021/22 General Services Capital Programme budget to reflect additional carry forward commitments and virements.

Councillor Margaret Brisley proposed the recommendations and Councillor Alison Laurie seconded.

Decision

Council agreed to:

1. note the General Fund and HRA revenue and capital outturn positions as at 31 March 2021; 2. note the position in terms of the Council’s share of the net pension liability of the Local Government Pension Scheme; and 3. approve the updating of the 2021/22 General Services Capital Programme budget to reflect additional carry forward commitments and virements of £10.473M

(Reference: Report by Chief Officer – Finance, dated 31 May 2021, submitted).

SC428 COMMON GOOD FUNDS & CHARITABLE TRUSTS DRAFT ACCOUNTS 2020/21

The report asked the Council to note the draft accounts in respect of the Common Good Funds and Charitable Trusts for the year ended 31 March 2021, and to consider and note progress to-date on the review of the small charitable trusts.

Councillor Margaret Brisley proposed the recommendations and Councillor Alison Laurie seconded.

Decision

Council agreed to:

1. note the draft accounts in respect of the Common Good Funds and Charitable Trusts for the year ended 31 March 2021, and 2. note progress to-date on the review of the small charitable trusts.

(Reference: Report by Chief Officer – Finance, dated 31 May 2021, submitted).

SC429 APPOINTMENT OF DIRECTOR TO THE BOARD OF THINKWHERE LIMITED

Councillor Neil Benny declared a non-financial interest as a former employee of thinkWhere.

The Council-appointed Director to the Board of thinkWhere resigned on 1 June 2021. The purpose of the urgent report to Council was to ensure that Stirling Council’s interests continued to be represented on the Board of thinkWhere.

The report recommended that the Council appoint the Chief Officer – Finance as a replacement Director.

Councillor Scott Farmer proposed the recommendation and Councillor Chris Kane seconded.

Decision

Council agreed to approve the appointment of Jim Boyle, Chief Officer - Finance, as the Council’s Director to the Board of thinkWhere Limited.

Council resolved that under Section 50A (4) of the Local Government (Scotland) Act 1973, the public be excluded from the Meeting for the following item of business on the grounds that it involved the disclosure of exempt information as defined in Paragraphs 6 and 9 of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973.

Recording of Meeting stopped

SC430 STIRLING DEVELOPMENT AGENCY – REVISED JOINT VENTURE AND DEVELOPMENT AGREEMENTS

Stirling Development Agency Limited (“SDA”) is a 50:50 joint venture between Stirling Council and Cromwell Development Holdings UK Limited (part of the Cromwell Property Group).

A previous report to Council in December 2017 considered options for the review of the arrangements in relation to the SDA, following an external review. Council agreed to review and refresh the property development arrangements that were in place with SDA. Council delegated authority to officers to finalise and implement the new arrangements, including the associated corporate governance arrangements and all related contractual and other documentation.

The decisions of Council have not yet been fully implemented; therefore, the paper sought to update delegations from Council to resolve the outstanding matters.

Councillor Scott Farmer proposed that Councillor Neil Benny be appointed to replace the Senior Manager – Economic Development on the Board of the SDA. Councillor Chris Kane seconded. Council agreed.

Councillor Chris Kane proposed the recommendations and Councillor Scott Farmer seconded. 17

Decision

Council agreed to: 1. note the previous decision of Council at its meeting in December 2017 in respect of the review of the Stirling Development Agency, and the delegations given to officers at that time; 2. note the time period since those decisions were taken, and agree the following updates to the delegations to officers to conclude outstanding matters in relation to the SDA; 3. delegate authority to the Chief Operating Officer - Infrastructure & Environment, the Chief Officer – Governance, and the Chief Officer - Finance to make the necessary arrangements, along with Cromwell Property Holdings, to finalise the relevant agreements, and have these formally adopted by the Board of the Stirling Development Agency within the next 3 months. 4. agree that these agreements would operate for a period of 5 years, and would be reviewed by Council in 2026; 5. agree that the areas of land as set out in paragraph 2.31 of the report would transfer back to the Council, 6. note that officers would bring forward an annual report to the Finance & Economy Committee on the activities of the SDA, including an annual update of the rolling 3-year business plan, with the first report to the Committee in November 2021; and 7. appoint Councillor Neil Benny to replace the Senior Manager – Economic Development on the Board of the SDA.

(Reference: Report by Chief Operating Officer – Infrastructure and Environment, undated, submitted).

The Provost declared the Meeting closed at 1.50pm

18 19

APPENDIX 1

Questions in Terms of Standing Order 30

Question 1 From: Councillor Alastair Majury To: Convener of Environment & Housing Committee

Question Bulky Uplift Service (include Does the convener agree with me that the current prohibition on the collection of many types of Fridges, Freezers and Subject) Fridge-Freezers via the Bulky Uplift Service should be removed to reduce fly-tipping?

Answer Under the Waste Electrical and Electronic Equipment (WEEE) Regulations 2013, the Council works within a Producer Compliance Scheme (PCS). A PCS is a membership organisation who ensures that its members (retailers and

manufacturers) meet their obligations under the WEEE regulations. The PCS cover the cost of uplift and treatment of domestic fridges and freezers from our Polmaise Depot. The Waste Service accepts most domestic fridges and freezers through the Special Uplift service with the exception of chest freezers, American style units, glass-fronted units and ammonia units (typically from caravans) as these are not currently classified by the PCS as domestic units. This information is contained within the Councils Special Uplift of Bulky Items webpages. The WEEE Regulations are currently under review and the Waste Service is working with the Producer Compliance Scheme to seek clarity on this matter. Retailers have a duty to take back electrical items they put on the market and householders can make this request directly to them.

Supplementary Councillor Majury thanked the Convener for his answer and asked if the Convener agreed that the current prohibition on Question & the collection of many types of Fridge-Freezers via Bulky Uplift Service should be removed to reduce fly-tipping. Answer Councillor Thomson advised that he wanted to reduce fly-tipping, they were looking at the range of materials where disposal was an issue but it had to be at cost. Prepared to look at full cost recovery but not prepared to subsidise people for breaking the law. 20

Question 2 From: Councillor Neil Benny To: Convener of Finance & Economy Committee

Question Budget – Animal Welfare and Silver Food For Life Accreditation (include With the full 60k having now been removed from the school meals budget can the Convener confirm that the quality, Subject) animal welfare and the Silver Food For Life Accreditation standards have been maintained?

Answer In March 2020, Stirling Council, as part of the budget setting process, proposed to remove the Silver Food for Life (SFFL) accreditation in order to achieve a saving of £60k. At the Council meeting it was remitted to Officers to

investigate if the savings could be made while retaining the accreditation. The Service has been working with FFL to undertake a review of supplier arrangements and recipe analysis to identify potential savings that could be made whilst retaining the accreditation. This work was significantly delayed due to Covid 19, however is nearly complete. As agreed at the Finance and Economy Committee on 17 June 2021 the outcome of this work will be shared with Members of the Finance & Economy Committee. This information will be shared in July prior to a formal report being submitted to the Committee in September.

Supplementary Councillor Benny thanked the Convener for her answer and asked how assurance could be obtained that the quality of Question & the meals, not just nutrition but overall quality and attractiveness of the meals. Answer Councillor Brisley advised that information would be provided in July and the Committee would have another opportunity to review the decision and to ensure that children have a good, attractive, nutritional meal.

Question 3 From: Councillor Martin Earl To: Convener of Environment & Housing Committee

Question Countryside Rangers (include What plans are there to recruit more Countryside Rangers? Subject)

Answer There is currently only one Countryside Ranger in post following previous Service reductions. This service function and the resource requirements are currently being reviewed as part of a wider review of Land Services.

Supplementary Councillor Earl thanked the Convener for his answer and asked why extra provision had not been looked at more Question & urgently for the start of this difficult season. Answer Councillor Thomson advised that Land Services pick up on many of the activities referred to and asked Councillor Earl to provide specific concerns and he would take these forward with the service.

Question 4 From: Councillor Alistair Berrill To: Convener of Adult Social Care Panel

Question Strathendrick Care Home (include Does the Convener agree that the consultation process that resulted in a decision to close Strathendrick Care Home was Subject) inadequate and should be carried out again?

Answer This is not a relevant question for the Convenor of the Adult Social Care Panel since the matter does not fall within the remit of the Panel nor does the Panel have any authority in relation to decisions about integrated services and functions

as set out in the Council’s Scheme of Delegation. The Integration Joint Board has already considered the consultation and made their decision. The following is provided for the information of Members. The formal consultation went above and beyond what is required in terms of traditional consultation by using a 'what matters to you' approach that invited wider consideration of health and social care and invited people to talk about their desired outcomes. Although this consultation did talk about Strathendrick, community-based care & support, local care homes, Self Directed Support, respite/short breaks and more, we widened the engagement to ensure we could capture what matters to people in terms of the outcomes they want to see generally in a model of care and within their own communities. The aim of the ongoing review of the model of care within the Health & Social Care partnership is to comply with implementing the national policy of effectively delivering care closer to home and a continuation of the shift away from institutional bed based care to flexible and person centred care and support. These commitments align to the priorities of the HSCP Strategic Plan which describe the move towards more outcomes focused care and support; access to modern technology enabled care; integrated community health and social care, as well as individual choice and control. Within rural southwest Stirling, the engagement was focused on asking individuals and communities ‘What matters to You?’ The Consultation process was designed around a two stage approach; Stage 1 - ‘Pre-consultation’ and Stage 2 - ‘Consultation’. The responses received during Stage 1 informed the approach in Stage 2; ensuring accessibility for all and supporting the reach to as many people, groups and organisations as possible within the rural communities. Officers made significant efforts to ensure there was not only on-line access to the consultation but that officers were available via telephone. Efforts were made to work with existing local groups in the rural communities and posters were 23

put up in local villages to both ‘get the word out’ and ‘hear what people had to say’. These efforts also had to comply with the guidance and obvious constraints brought by the pandemic lockdown. As part of the feedback from the process, officers’ efforts were recognised and appreciated by those participants across the area who took part. Stage 2 was focussed around the question ‘What matters to You?” by focusing on three areas, valuable insight was gained into how the future of health and care should be shaped, as well as wider issues of interest in rural southwest Stirling. What matters to you to keep you independent within your community? What matters to you to keep you safe within your community? What matters to you to keep you active within your community? Four online events were held during Stage 2, with the same questions and slides to introduce the consultation and support the discussions. During the discussions and in press and media releases, during Stages 1 and 2 of the consultation process it was made clear that the future usage of the Strathendrick House Care Home service was within scope of the engagement and consultation process. It was noted during the engagement that the levels of care and support that can be provided at Strathendrick House are limited due its residential care home status, meaning there is not nursing/clinical care on site. The residential model of care within Strathendrick can be provided safely within an individual’s home with care at home/reablement support or within another residential location of choice with further flexibility through the use of self-directed support options. Over the past few years there has been zero demand for residential care within Strathendrick and there are currently no long term residents. For the last few years Strathendrick House has provided limited amounts of short term respite care, however it should be noted that the home was not established or developed to be a used as respite service. It was presented to participants during the engagement sessions that Strathendrick House cannot meet the higher levels of need associated with nursing care, as such the cohort of people that can receive care at Strathendrick House and the exclusion of people in greater need reduces the benefits to be had from continuing to operate Strathendrick House.

Supplementary Councillor Berrill thanked the Convener for her answer and asked if she had anything to say to the people in the Ward Question & regarding the adequacy of the consultation. Answer Councillor McGill advised that the consultation was regarding what people want and need for their future lives, it was not specific to a building. It was an extensive consultation and officers did a very good job. Councillor McGill noted that she had received no direct complaints regarding the outcome of the consultation apart from Councillor Berrill.

Question 5 From: Councillor Jeremy McDonald To: Convener of Environment & Housing Committee

Question Balvaig Bridge, Strathyre (include What discussions have taken place with Transport Scotland to facilitate the lighting needed on the Balvaig Bridge in Subject) Strathyre?

Answer Agreement has been reached with Transport Scotland for the installation of lighting between the A84 and the bridge. Officers are awaiting confirmation from BEAR Scotland (the Trunk Road operator) on when the work will be undertaken,

but it is anticipated that these works will be complete by October 2021.

Supplementary Councillor McDonald thanked the Convener for his answer and had no supplementary question. Question & Answer

Question 6 From: Councillor Jane Hutchison To: Convener of Environment & Housing Committee

Question Bridges in Forth & Endrick Ward (include Now that work has finally commenced to address the extremely disruptive closure of the Branshogle Bridge would the Subject) Convener advise what procedures are in place for inspection of the many similar bridges across Forth & Endrick that will ensure issues are identified early and avoid such lengthy closures in the future?

Answer The B818 has been closed as an essential public safety measure due to damage to the bridge and partial parapet collapse of Branshogle Bridge following a prolonged period of rain and high water levels.

Consultants are currently undertaking survey work to enable the design of the repair of the Branshogle Bridge, this involves ecological and topographical survey work to continue the detailed assessment of the damage to the bridge and the scope of the repair required. The Bridges and Structures section of the Roads Services undertake general inspections of our bridges and structures at 3-year intervals. These close-range inspections allow defects to be identified and work prioritisation to take place on a risk-based approach. This helps inform the Council’s capital programme for bridges and structures. The programme of inspections for this year is currently underway. A review of the existing bridge asset management strategy has commenced and will include increasing general inspections at 2 yearly intervals and 6 yearly principal inspections in line with national best practice guidance.

Supplementary Councillor Hutchison thanked the Convener for his answer and no supplementary question. Question & Answer

Question 7 From: Councillor Bryan Flannagan To: Convener of Children & Young People Committee

Question Duke of Edinburgh Expeditions (include Why are Duke of Edinburgh expeditions, adapted as guidelines require, not being permitted by This Local Authority until Subject) at least after the Summer holidays?

Answer Duke of Edinburgh (D of E) activity has continued across Stirling in support of Bronze and Silver accreditation. However, this does not yet extend to the overnight expeditions. D of E support in Stirling is delivered using different models across

settings, with a variety of staff from schools and the youth participation team along with volunteers and support from Active Stirling. The guidance for D of E needs to be adapted to suit the different structures in each local authority as well as the current and changing Covid risk levels. Guidance developed to minimise the spread of Covid-19, asks Head Teachers to only allow access for essential staff into schools at this time. The service is working to ensure that the young people requiring to complete their Gold Expeditions are prioritised when Covid levels in schools and communities make the forward planning and preparations safe and reliable.

Supplementary Councillor Flannagan thanked the Convener for her answer and asked if she agreed that if a particular school or Question & organisation associated to the Council were in a position to safely deliver gold award expeditions they be allowed to do Answer so and not wait for informed process across the Local Authority. Councillor McGill advised that the Country was still in a pandemic and therefore things had to be done safely but she was happy to discuss further.

Question 8 From: Councillor Maureen Bennison To: Housing Portfolio Holder

Question Homeless Accommodation (include I am of the understanding women who have fled an abusive relationship and present to homeless services will be asked Subject) to provide proof of domestic abuse before they are considered for housing. Stirling Women’s Aid have raised concerns regarding the need to provide this proof when no evidence can be provided. Some women who experience domestic abuse have never reported to the Police. This could be for several reasons; fear of not being believed; heightened risk with the police appearing at the door; negative experiences with the police in the past, or just not being able to call them because they don't have access to a phone. Also, women may not have had any agencies involved as they are being controlled by their partner, so it is hard to reach anyone for help. Each woman Stirling Women’s Aid support has individual circumstances with different safety plans and have many women in the above circumstances where they cannot provide evidence of domestic abuse. In these circumstances, would they be accepted for homeless accommodation without police or evidence from another agency?

Answer If someone has fled an abusive relationship and presented as homeless we would be sensitive to the needs of the person presenting. We would offer support and link in with agencies such as Women’s Aid, depending on the needs and

requests of the client. If the person has never reported domestic abuse, and has no involvement with police and support agencies we would be a supportive first point of contact, ensuring we are listening and asking the right questions in the right way. Every homeless applicant citing domestic abuse will be assessed individually in accordance with their circumstances, however a sympathetic approach will be taken when no supporting evidence is available. Officers are meeting with Stirling Women’s Aid to discuss the best approach to support those suffering from domestic abuse.

Supplementary Councillor Bennison thanked the Portfolio Holder for his response and asked what safeguards were in place once a Question & perpetrator was removed from the family home by the police. Answer Councillor MacPherson advised that he was due to meet with Housing Services and would raise Councillor Bennison’s concerns and would report back on the outcomes.

Question 9 From: Councillor Alasdair Tollemache To: Convener of Environment & Housing Committee

Question Dunblane to Bridge of Allan Cycle Route (include The Dunblane to Bridge of Allan cycle route is a vital link to connect people for work, tourism and exercise. Please can Subject) the convenor give me an update on the plans for this priority route.

Answer The creation of a safe and secure active travel corridor from Dunblane to Bridge of Allan is included in the Council’s Active Travel Action Plan, which forms part of the Local Transport Strategy. In late 2020, Officers secured funding from

Tactran to undertake a feasibility study of this route. Officers, with support from a design consultant, engaged with local stakeholders to appraise the route and options for development. Officers have recently received this study and are working through the detail of it. Meetings will be arranged to review the study with the community and Elected Members, to seek views on the proposals. Officers have submitted a note of interest to Tactran for funding to enable the development of an Outline Business Case and detailed design for the Dunblane to Bridge of Allan route. Further community engagement will be undertaken during this stage.

Supplementary Councillor Tollemache thanked the Convener for his response and asked if he agreed that this was not a safe route for Question & cyclists and should be made a priority by the Council to have the route completed. Answer Councillor Thomson advised that he supported cycle routes and the main issue with this route was the stretch of road to Bridge of Allan from the roundabout. This remained part of the strategy and Tactran had been asked to look at it in more detail.

29 THIS ITEM RELATES TO ITEM 4c ON THE AGENDA

STIRLING COUNCIL

MINUTES of MEETING of the APPEALS PANEL held by Virtual Meeting on MICROSOFT TEAMS, on THURSDAY 29 JULY 2021 at 1.15 pm.

Present:-

Councillor Scott FARMER (in the Chair)

Councillor Danny GIBSON Councillor Alison LAURIE

Also In Attendance:-

Audrey Crawford, Senior HR Business Partner (HR Adviser to the Panel) Pamela Forsyth, HR Business Partnering Manager Nicola Macara, Solicitor (Legal Adviser to the Panel) Bryony Monaghan, Head of Education (Interim) Carla Roth, Solicitor Karen Swan, Committee Officer (Clerk)

The Panel resolved that under Section 50A(4) of the Local Government (Scotland) Act 1973 the public be excluded from the meeting for the following item of business on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973.

AP11 APPEAL AGAINST DISMISSAL

The Appellant, a former employee of Stirling Council, had submitted an appeal against the decision to dismiss them from their post.

The Appellant was accompanied by their Trade Union representative.

Bryony Monaghan, Head of Education (Interim), represented management along with Pamela Forsyth, HR Business Partnering Manager and Carla Roth, Solicitor.

The Chair welcomed all in attendance to the Hearing, initiated brief introductions and explained the procedure that would be followed.

The Appellant and their Trade Union representative presented their case.

The management side and Members of the Appeals Panel, supported by their advisers, were given the opportunity to ask questions of the Appellant and their representative.

The Head of Education (Interim) presented the management case.

The Appellant and their representative and members of the Appeals Panel, supported by their advisers, were given the opportunity to ask questions of management.

: 30

Both parties then summed up their respective cases before they withdrew from the meeting at 2.20 pm to allow the Panel to consider the evidence put before it.

The Panel reconvened at 2.55 pm with the all Panel Members, Appellant, their Trade Union representative, Management and their Advisers to hear the decision of the Panel.

Decision

Having considered all of the evidence, it was the decision of the Panel, taking into account the grounds of appeal put forward by the Appellant, that:-

1. Allegations 1 & 3 – as this was an Appeal against Dismissal, it was not within scope for the Panel to review these sanctions.

2. Allegations 2 & 4 - were upheld and that the sanctions of dismissal was deemed not to be proportionate and should be reduced from Dismissal to Final Warning for each Allegation.

The Appeal Panel found that the allegations against the Appellant, were upheld in relation to Allegations 2 & 4 and noted that Allegations 1 & 3 were not within the scope of the Panel to review the allegations.

The Panel felt that the decision to dismiss (Allegations 2 & 4) were too harsh a sanction, taking into account mitigation put forward by the Appellant, and instead that a Final Warning should be issued, which would stay on file for a 12 month period for each allegation.

Following the decision of the Panel, Management would discuss with the Appellant the process of future working arrangements.

(Reference – Procedure at Appeals Hearings and Written Submissions, previously circulated.)

The Chair declared the meeting closed at 15.00 pm

: 31 THIS ITEM RELATES TO ITEM 4d ON THE AGENDA

STIRLING COUNCIL

MINUTES of MEETING of the LOCAL REVIEW BODY held as a VIRTUAL MEETING by MICROSOFT TEAMS on WEDNESDAY 7 JULY 2021 at 10.30 am.

Present

Councillor Jim THOMSON Councillor Douglas DODDS Councillor Alastair MAJURY

In Attendance

Richard Callender, Planning Adviser Ewan Grant, Legal Adviser Sheila McLean, Governance Officer (Clerk)

Also Present

Mrs V Gray, Applicant Paul Houghton, Agent

LR173 APOLOGIES

There were no apologies or substitutions.

LR174 DECLARATIONS OF INTEREST

There were no declarations of interest.

LR175 APPLICATION FOR REVIEW ERECTION OF DWELLING HOUSE AND GARAGE – LAND 470M NORTH EAST OF WEST TORRIE, DOUNE – MRS V GRAY APPLICATION NO: 20/00467/PPP - HEARING

Prior to consideration of the item, the Chair outlined the procedure for the Hearing.

At a meeting held on 14 December 2020, Members considered a Notice of Review submitted by the Applicant’s Agent, seeking a review of the decision by the Appointed Officer of the Council to refuse planning permission for the erection of a dwelling house and garage at land north east of West Torrie, Doune.

At that meeting, the Local Review Body agreed:-

1. that there was insufficient information before it to decide the matter without further procedure;

2. that in relation to the West Torrie Fort and Dun scheduled monument a further written submission be provided by the Applicant in the form of an objective written assessment prepared by a suitably qualified and experienced archaeologist and based on relevant guidance in the Historic Environment Scotland publication Managing Change in the Historic Environment – Setting. The assessment should take into account the significance of the asset and its setting and attempt to quantify the extent of the impacts of the removal of the agricultural shed and the erection of a dwellinghouse and garage. It should also set out a reasoned justification for the removal of the agricultural shed being dependent on the construction of a new house in the vicinity;

3. that the submitted assessment be referred to all interested parties, including Historic Environment Scotland, for consideration and comment

4. that a Hearing take place to consider the following matters:-

 to consider the assessment and response from Historic Environment Scotland

 to hear from the Applicant or their representative on the need for a house at this location, the design and position of the house and the impact of demolishing the shed;

5. that the matter be duly referred to a future meeting of the Local Review Body.

The Planning Adviser described the proposal, the reasons for the Appointed Officer’s decision and the grounds for the Notice of Review, and answered a number of questions from Members. He provided a visual presentation which included location details and photographs of the site.

Members sought clarification on the current status of the agricultural building on the site. The Planning Adviser confirmed that the application was based on the understanding that this building was redundant and could be considered for redevelopment in terms of Housing in the Countryside guidelines.

Members considered the assessment provided by the Applicant and the responses received from Historic Environment Scotland (HES), an Interested Party and the Planning Case Officer.

The Chair invited the Agent and Applicant to present their case.

At 10.50 am, on being advised by the Agent and Applicant that they were both experiencing difficulty in hearing the proceedings, having joined the meeting by phone, it was agreed to take a short recess.

The meeting reconvened at 11.00 am, with the same parties present.

The Agent and Applicant both confirmed that they could now hear proceedings and the meeting continued.

The Planning Adviser was invited to repeat his earlier presentation and response to question regarding the agricultural building, for the benefit of all present. The Planning Adviser also confirmed the definition of scheduled monument as:-

‘Archaeological sites, buildings or structures of national or international importance. The purpose of scheduling is to secure the long-term legal protection of the monument in the national interest, in situ and as far as possible in its existing state and within an appropriate setting.’

The Chair then invited the Agent and Applicant to present their case in support of the Hearing Statement included with the Agenda papers.

Agent

Mr Houghton accepted that the proposals were a departure from the Development Plan and that relevant policies would place the house where the agricultural building stood currently. The application, however, proposed that the house be built elsewhere on the site to minimise inter-visibility with the scheduled monument.

Mr Houghton referred to the assessment provided by the Heritage Consultant and the response from HES, which had both concluded that the site would benefit from removal of the agricultural building.

Applicant

Mrs Gray presented her case to Members, setting out the farming background and experience of herself and her husband, and their future plans.

Mr Houghton and Mrs Gray responded to a number of questions from Members.

Decision

The Local Review Body agreed:-

1. that there was sufficient information before it to decide the matter without further procedure;

2. that, having considered the Notice of Review and other supporting documents and Hearing Statement submitted by the Applicant and the other papers submitted by the Planning Authority, and having regard to the whole circumstances, to allow the review, subject to Conditions set out on 47-48 of the Agenda, and the following additional conditions:-

i) to take account of the request of Historic Environment Scotland)in their letter dated 31 March 2021 (case ID: 300045854) for additional mitigation measures to lessen the impact of the proposed house on the setting of the monument.

This includes:-

a) the retention of trees, and landscaping around the footprint of the agricultural building to remove the hardstanding, as specified in the letter, and

b) that the proposed house be of a scale, design and finishing commensurate to the setting of the monument.

for the following reasons:-

The proposed dwelling, associated removal of a large agricultural shed adjacent to the West Torrie Fort and Dun scheduled monument and landscaping of the site of the agricultural shed and surrounding hard standing would result in the removal of a structure that presently had a significant adverse effect on the setting of this scheduled monument, an archaeological site of national or international importance. Sympathetic siting, design and landscaping of the proposed house would also lessen any adverse impacts of the replacement house.

Taking account of these exceptional circumstances the proposal therefore satisfies the requirements of Stirling Local Development Plan Policy 7.1: Archaeology and Historic Building Recording (designated and undesignated buildings/sites)

(a) There will be a presumption against development that would have an adverse effect on a scheduled monument or on the integrity of its setting except in exceptional circumstances.

3. to remit to Officers to prepare and issue the Decision Notice.

The Chair declared the Meeting closed at 11.30 am

35 THIS ITEM RELATES TO ITEM 4e ON THE AGENDA

STIRLING COUNCIL

MINUTES of MEETING of the LOCAL REVIEW BODY held as a VIRTUAL MEETING by MICROSOFT TEAMS on TUESDAY 13 JULY 2021 at 10.00 am.

Present

Councillor Douglas DODDS (In the Chair from Item LR178) Councillor Neil BENNY Councillor Graham HOUSTON

In Attendance

Richard Callender, Planning Adviser Ewan Grant, Legal Adviser Sheila McLean, Governance Officer (Clerk)

LR176 APOLOGIES

There were no apologies or substitutions.

LR177 APPOINTMENT OF CHAIR

It was unanimously agreed to appoint Councillor Douglas Dodds as Chair for this meeting.

LR178 DECLARATIONS OF INTEREST

There were no declarations of interest.

LR179 APPLICATION FOR REVIEW ERECTION OF GARAGE AND STORE, APPLEGARTH, GARGUNNOCK GARY SHEPHERD APPLICATION NO: 20/00888/FUL

Members considered a Notice of Review submitted by the Applicant’s Agent, seeking a review of the decision by the Appointed Officer of the Council to refuse planning permission for the erection of a garage and store at Applegarth, Gargunnock.

Decision

The Local Review Body agreed:-

1. that there was sufficient information before it to decide the matter without further procedure;

2. that, having considered the Notice of Review and other supporting documents submitted by the Applicant and the other papers submitted by the Planning Authority and having regard to the whole circumstances, to allow the Review, with conditions as set out on page 37 of the Agenda for the following reasons:-

(a) the proposal complied with Policy 1.1 of the Local Development Plan, since the proposal is deemed to be appropriate to the existing dwelling house in terms of position, height, scale and massing;

(b) the proposal complies with Policy 2.12 of the Local Development Plan, since the proposal is deemed to be of a scale, size or massing that is subordinate and sympathetic to the existing dwelling house;

(c) the proposal complies with Supplementary Guidance 12: Residential Extensions and Alterations as it is deemed that the siting of the garage forward of the frontage of the dwelling house will not obscure the original building and will not be over dominant in nature;

3. to remit to officers to prepare and issue the Decision Notice.

LR180 APPLICATION FOR REVIEW ALTERATION TO BOUNDARY WALL AND FORMATION OF DRIVEWAY 25 PARK TERRACE, KINGS PARK, STIRLING, FK8 2JS ALASTAIR HERON APPLICATION NO: 20/00618/FUL

Members considered a Notice of Review submitted by the Applicant, seeking a review of the decision by the Appointed Officer of the Council to refuse planning permission for the alteration to boundary wall and formation of driveway at 25 Park Terrace, Kings Park, Stirling.

Members were advised that the proposed development was also the subject of an appeal to Ministers following refusal of Listed Building Consent. It was noted that neither the outcomes of this, nor any subsequent request for roads consent, was a consideration and that Members of the Local Review Body should consider only the application before them.

Decision

The Local Review Body agreed:-

1. that there was sufficient information before it to decide the matter without further procedure;

(a) The application accords with Primary Policy 7, Historic Environment policy in that the proposed development is deemed to safeguard, preserve or enhance the historic environment in the form of the character of the Conservation Area and/or the setting of the listed building;

(b) The application accords with Policy 7.2 in that the proposed development is deemed to respect the architectural and visual qualities of the Conservation Area.;

(c) The application accords with Policy 7.3 in that the siting, design and materials proposed is deemed to preserve the character of the listed building and its setting.

3. to remit to officers to prepare and issue the Decision Notice.

LR181 APPLICATION FOR REVIEW INSTALLATION OF 4KW SOLAR ARRAY (14 PANELS) AND EV CHARGING POINT, INVERTOR BOX AND BATTERY STORAGE - 1 BAIRNSBURN, BRIDGE OF ALLAN, FK9 4ND APPEAL AGAINST CONDITIONS KENNETH TAYLOR APPLICATION NO: 20/00533/FUL

Members considered a Notice of Review submitted by the Applicant’s Agent, seeking a review of the conditions imposed on the granting of planning permission for the installation of solar panels and associated works at 1 Bairnsburn, Bridge of Allan.

The Planning Adviser described the proposal, the reasons given by the Appointed Officer in setting the conditions and the grounds for the Notice of Review. He responded to a number of questions from Members, including confirming separation distances between the excavation works and trees to the north. He provided a visual presentation which included location details and photographs of the site.

It was noted that the Planning Adviser could only provide factual and technical information, however he confirmed that he had sought technical advice from the Council’s Tree Officer. It was considered that there was scope to vary the conditions if deemed appropriate by Members.

Following discussion, Members agreed that the requirement set out in the conditions for the entire area to be hand-dug was disproportionate to the application.

Decision

The Local Review Body agreed:-

1. that there was sufficient information before it to decide the matter without further procedure;

2. that, having considered the Notice of Review and other supporting documents submitted by the Applicant and the other papers submitted by the Planning Authority and having regard to the whole circumstances, to allow the Review and vary conditions 1 and 2 to be more proportionate to the circumstances;

3. to remit to the Planning Adviser, in consultation with the Council’s Tree Officer, to develop revised conditions reflecting the discussion and views expressed by the Local Review Body;

4. to remit to officers to prepare and issue the Decision Notice.

The Chair declared the Meeting closed at 11.10 am

39 THIS ITEM RELATES TO ITEM 4f ON THE AGENDA STIRLING COUNCIL

MINUTES of MEETING of the CHIEF EXECUTIVE APPRAISAL PANEL held via MICROSOFT TEAMS on THURSDAY 2 SEPTEMBER 2021 at 2.00 pm

Present:

Councillor Scott FARMER (in the Chair)

Councillor Neil BENNY Councillor Chris KANE

In Attendance:

Julia McAfee, Chief Officer – Governance (to Item CE13) Sheila McLean, Governance Officer (to Item CE13)

Also Present:

Carol Beattie, Chief Executive

Recording of Meeting started.

CE11 APPOINTMENT OF CHAIR

The Panel unanimously agreed to appoint Councillor Scott Farmer as Chair.

CE12 DECLARATIONS OF INTEREST

There were no declarations of interest.

CE13 CHIEF EXECUTIVE – ANNUAL PERFORMANCE APPRAISAL

In terms of the Council’s Scheme of Delegation, the Chief Executive Appraisal Panel was required to undertake an annual performance appraisal of the Chief Executive.

Membership of the Panel comprised the Leader of the Council, the Depute Leader and the Leader of the Opposition.

At its meeting on 2 April 2019, the Panel agreed the process attached at Appendix 1 to the submitted report. Panel members had agreed via an email exchange in May 2021 that this process remained appropriate.

In April 2019, the Panel had further agreed the Chief Executive’s work objectives, which were reviewed at a subsequent meeting on 1 October 2019.

The 2020 review had been delayed due to the Covid pandemic and Members of the Panel were now asked to consider and appraise the 2021 objectives as circulated and to agree that these items be held in private session. 40

It was noted that, in line with current arrangements, that part of the meeting held before any resolution to move to private session would be recorded and published on the Council’s website.

Decision

The Panel agreed:- 1. the process attached at Appendix 1 to the submitted report; 2. to resolve that under Section 50(A) of the Local Government (Scotland) Act 1973, the public be excluded from the Meeting for Items E4 and E5 of the Agenda on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973 as they contain information relating to a particular employee of the Council.

(Reference: Report by Chief Officer - Governance, dated 27 August 2021, submitted).

The Panel resolved that under Section 50(A) of the Local Government (Scotland) Act 1973, the public be excluded from the Meeting for the following items of business on the grounds that they involved the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973.

Recording of Meeting stopped.

CE14 CHIEF EXECUTIVE ANNUAL OBJECTIVE SETTING

The Panel considered the following list of objectives which included measure criteria and deadlines for achievement.

1. Council Priorities 2. Networks 3. Budget/Transformation 4. Performance Management 5. Organisational Culture 6. Response to the Pandemic

Decision

The Panel noted the information presented on annual objective setting.

(List of Objectives - submitted.)

CE15 CHIEF EXECUTIVE APPRAISAL

The Panel discussed with the Chief Executive the objectives, which had been prepared and noted at CE14 above, progress achieved against the set measures and future work to be undertaken on these objectives. 41

Decision

The Panel agreed:-

1. to note progress against each of the five objectives, which had been met;

2. that a further 360 Review would take place in 12 months’ time, such Review to involve senior Elected Members;

3. that the Chief Executive receive an increment.

The Chair declared the Meeting closed at 4.20 pm

42 43

Stirling Council Agenda Item No. 7 Stirling Council Date of Meeting: 7 October 2021

Not Exempt Annual Review of Governance Documents

Purpose & Summary This report presents for approval revised Standing Orders and Scheme of Delegation.

Recommendations The Council is asked to: 1. adopt, with effect from 8 October 2021, the Standing Orders set out in Appendix 1 to this report; 2. approve, with effect from 8 October 2021, the Scheme of Delegation set out in Appendix 3 to this report; and 3. note that the Chief Officer - Governance will continue to carry out annual reviews of the Standing Orders and Scheme of Delegation.

Resource Implications None.

Legal & Risk Implications The power to amend the Scheme of Delegation and Standing Orders is a matter reserved to Council. Governance documents require to be reviewed on a regular basis to ensure that decisions are taken in accordance with the approved decision-making structures and relevant legislation.

1. Background 1.1 The Standing Orders and Scheme of Delegation were last updated in September 2020 to reflect changes required due to the Covid-19 pandemic. The Scheme of Delegation must be reviewed at least annually (SoD – p5, para 9.1). 1.2 The Chief Officer – Governance is the proper officer, in terms of the Local Government (Scotland) Act 1973, for carrying out the annual review of the Scheme of Delegation, and for reviewing the Council’s Standing Orders (SoD – Appendix 8, p58). 44

2. Considerations 2.1 The main changes to the Standing Orders (SO) relate to: 2.1.1 Written questions for Council to be submitted in writing to the Clerk by 12 noon, four clear working days prior to the day of the meeting (SO30). Currently, written questions are submitted three clear working days prior to the day of the meeting. This change would provide additional time for officers to research and to ensure that full and appropriate responses are provided. This requirement will also support the changes proposed at 2.1.2, which will give Members additional time to consider responses. 2.1.2 Answers to the written questions for Council will be emailed to Members by 5pm on the day before the Council meeting (SO31). Currently answers to written questions are emailed to Members 1 hour prior to the start of the Council meeting. This change will provide Members with additional time to consider the response received. 2.1.3 The annual fees and charges will be included in the annual Council budget setting meeting (SO44). Although this has happened in practice, there is currently no provision in the Standing Orders. This amendment formalises the process and ensures that all budget matters are dealt with together unless there are legislative changes outside of this timetable which require immediate action. 2.2 The revised Standing Orders are set out in Appendix 1 to this report with all main changes shown in track changes. 2.3 The main changes to the Scheme of Delegation (SoD) relate to: 2.3.1 Inclusion of annual fees and charges to be presented within the Council’s budget setting process (SoD – p8-9). This is explained at 2.1.3 above. 2.3.2 Transfer of the Fisheries annual fees and charges from the remit of Planning and Regulation Panel to be considered as part of the Council’s annual fees and charges schedule. This is explained at 2.1.3 above. This addresses an historic anomaly. 2.3.3 Inclusion of a new power reserved to Council to approve, on the recommendation of the Civic Panel, the appointment of a Makar for a 3 year period and agree to an honorarium to be paid for the duration of the appointment (SoD – Appendix 1, p9, para 16.3). Due to an administrative oversight, this has not previously been included in the Scheme of Delegation. This will allow Council to determine whether an appointment should be made and for a suitable honorarium to be paid. This is what happened in practice on the recent appointment of the Makar by Council on 4 March 2021. 2.3.4 Amendment to the general delegation to decision-making committees in respect of applications for grants (SoD – Appendix 2, para 15, p12). This amendment reserves to the relevant decision making committee the power to agree to the Council applying for grant funding where the grant funding does not align with existing aims or policies of the Council, and ensures that appropriate committee approval of the proposal to access such grant funding is obtained in advance of any application being made. This amendment will ensure that the relevant 45

decision making committee determines applications for grant funding where the proposed delegation to the Chief Executive, set out at paragraph 2.3.7 below, is not applicable. 2.3.5 Amendment of the Stirling and Clackmannanshire City Region Deal (CRD) Joint Committee membership to provide member organisation parity, with each Council and the University appointing three members (SoD – Appendix 3, pp21-22). The change to the membership of the Joint Committee was agreed at the CRD meeting held on 7 September 2021 and the change to the Council’s Scheme of Delegation reflects the decision made. 2.3.6 Amendment to the decisions which can be taken by Committee on consideration of a petition to add an additional option for disposal. (SoD – Appendix 6b, pp43-44). Currently, petitions can continue to roll on to future meetings, sometimes for more than a year because of the absence of an obvious disposal route for Committee. This change will allow Committee to close petitions more easily where there are grounds to do so. 2.3.7 Amendment giving the Chief Executive the power to apply for grants where the object of the grant aligns with the Council’s strategic objectives (SoD – Appendix 7, p51, CE39). Where there is a proposal to apply for a grant in excess of £1,500,000, the Chief Executive is required to consult with the relevant Convener, Vice Convener, Portfolio Holder and Opposition Spokesperson in advance of the application. This change also specifically allows the Chief Executive to administer grant schemes that become available from time to time, such as has been seen during the response to the Covid pandemic where a range of grant schemes to support local businesses and similar were administered by the Council. At the current time, there is no clear delegation to the Chief Executive for this purpose but the activity is nonetheless undertaken by officers since there is no practical alternative. 2.4 The Chief Officer - Governance is the statutory proper officer to make arrangements for the publication of amendments to the Scheme of Delegation which arise from decisions of Council or are made necessary by changes in legislation. 2.4.1 The Scheme of Delegation has been amended at Appendix 1 – Powers Reserved to Council – to move the item headed Town & Country Planning (Scotland) Act 1997 from the Statutory Reservations section to the Non Statutory Reservations section. This change was made in August 2021 and notified in the Weekly Information Bulletin on 25 August 2021. This change was made necessary by a change in planning legislation which removed the statutory nature of this reservation to Council (SoD – Appendix 1, p7). 2.4.2 The Scheme of Delegation will be amended at Appendix 1 – Powers Reserved to Council – to include within the Non Statutory Reservations section the reservation to Council of the power to authorise participation in refugee resettlement schemes. This issue was considered at the special meeting of Council on 16 September 2021, and it was determined that this power should be reserved to Council (SoD – Appendix 1, p9). 46

2.5 The Chief Governance Officer will continue to carry out annual reviews of the Standing Orders and Scheme of Delegation.

3. Implications Equalities Impact 3.1 The contents of this report were assessed under the Council’s Equality Impact Assessment process. It was determined that an Equality Impact Assessment was not required as this is a procedural report. Fairer Scotland Duty 3.2 The contents of this report were considered in terms of the Fairer Scotland Duty and were determined not to be of strategic importance. Climate Change, Sustainability and Environmental Impact 3.3 None. Other Policy Implications 3.4 None. Consultations 3.5 All Members are being consulted by Chief Officer – Governance.

4. Background Papers 4.1 EqIA Relevance Check.

5. Appendices 5.1 Appendix 1 – Revised Standing Orders (tracked). 5.2 Appendix 2 – Revised Standing Orders (clean). 5.3 Appendix 3 – Revised Scheme of Delegation (tracked). 5.4 Appendix 4 – Revised Scheme of Delegation (clean). 47

Author(s) Name Designation Telephone Number/E-mail

Michelle MacDonald Governance Officer [email protected]

Graeme Forrester Lead Solicitor – [email protected] Governance

Approved by Name Designation Date

Julia McAfee Chief Officer – Governance 27 September 2021

Details of Convener(s), Vice Convener(s), All Members Portfolio Holder and Depute Portfolio Holders (as appropriate) consulted on this report:

Wards affected: N/A

Key Priorities: N/A

Key Priority Considerations: N/A

Stirling Plan Priority Outcomes: N/A (Local Outcomes Improvement Plan)

48 49 Appendix 1

STIRLING COUNCIL

STANDING ORDERS

Effective from and including 17 September 20208 October 2021 50

CONTENTS

SO No Page No

1 First Council meeting after an election (Statutory Meeting) 5

2 Chairing meetings and duties of the Provost (Chair) 5

3 - 4 Removal from Office 6

6 Ordinary meetings 6

7 Special meetings 6

8 - 12 Notice of meetings 7

13 - 16 Public access 7

17 - 18 Quorum - Council 8

19 Quorum – Committees 8

20 Quorum – Panels 9

21 - 22 Lack of a quorum 9

23 Substitution 10

24 - 25 Cancellation of meetings 10

27 Order of business 10

29 Urgent business 11

30 - 36 Written Questions (Council only) 12

37 Question Time (Council only) 12

38 Rolling action logs 13

39 - 43 Notices of motion 13

44 - 49 Budget proposals (Council only) 14

50 Consideration of reports and recommendations 14

51 - 63 Debates 15

Order of Debate (SO 51) Relevancy (SO 53) Formal Proposal of motions and amendments (SO 55 - 57) Contributions to the debate and points of order (SO 59) Summing up (SO 60)

Time Allowed for Speaking (SO 61) Procedural Motions (SO 62) Recording of Dissent (SO 63)

64 - 69 Voting 16

70 - 73 Voting (Appointments) 17

74 Automatic Break (Comfort) 18

75 Adjournment 18

76 Adjournment due to length of meeting 18

77 Revocation of previous resolutions (6 month rule) 18

78 Decision notices 19

79 - 81 Disorderly conduct 19

82 Petitions 19

83 Interpretation of Standing Orders 19

87 - 88 Suspension and amendment of Standing Orders 20

STANDING ORDERS OF THE STIRLING COUNCIL

These standing orders apply from 17 September 20208 October 2021 and regulate the conduct of business at meetings of Stirling Council and the Committees and Panels of the Council.

The Standing Orders shown shaded apply to Council only, with the exception of Standing Orders 70 – 73 inclusive which also apply to the Appointments Panel. All other Standing Orders apply to Decision Making Committees, the Audit Committee, the Pre-Determination Hearing Committee, or Panels as they apply to Council (with the necessary changes), except that Standing Orders 26, 29, 39 to 49 and 50 to 69 inclusive do not apply to the Pre- Determination Hearing Committee, which has its own procedures as determined by the Council’s Service Manager - Planning and Building Standards in consultation with the Convener and Vice-Convener of the Committee.

FIRST COUNCIL MEETING AFTER AN ELECTION (STATUTORY MEETING)

1. In a local government election year, the Clerk to the Council will call a meeting of

the Council within 21 calendar days from the date of the election. At this meeting or

any adjournment of it, the Council will:-

(a) elect a Provost and Depute Convener of Council (or Convener/Depute

Convener if so determined);

(b) elect a Leader and Depute Leader of the Council;

(d) appoint members of Joint Committees and Joint Boards and their

Conveners, where these appointments are to be made by the Council;

(e) appoint or nominate representatives to various outside bodies; and

(f) deal with any urgent competent business.

CHAIRING MEETINGS AND DUTIES OF THE PROVOST (CHAIR)

2. At a meeting of the Council, the Provost or, in his or her absence, the Depute Convener of Council will preside. If the Provost and Depute Convener of Council are both absent, the Clerk will call on the Members present to choose a Member to preside.

All meetings can be held either with all Members physically present, or remotely with all Members present through Microsoft Teams (or any other approved platform), or through a combination of physical meeting and remote access (if agreed and arranged with the Provost and Clerk in advance of the meeting) and will be broadcast live to provide remote public access, and retained as a recording available for later viewing.

(a) The Provost will have responsibility for facilitating meetings of the Council, ensuring that every Member is treated equally and given the same opportunity of expression.

(b) When the Provost speaks, any Member of the Council who is addressing the meeting must stop.

(c) The Provost will have discretion, with or without discussion, to determine all questions of procedure where no specific provision is made under these Standing Orders.

(d) In the event of a question arising of order, competency or relevancy, the Provost will decide the matter (with the exception of Standing Orders 3 and 4) and in doing this he/she may take advice from the Clerk.

(e) The Provost will sign any Minutes of previous Meetings approved by the Council.

REMOVAL FROM OFFICE

3. The Council may remove the Provost from office providing:-

(a) prior notice is given at one meeting of the Council that the matter will be considered at its next meeting; or

(b) where no prior notice is given, not less than two-thirds of Members present and entitled to vote, agree that the early removal of the Provost from Office will be considered at that meeting.

The provisions of this Standing Order will also apply to the position of Depute Convener of Council.

4. With the exception of the Provost and Depute Convener of Council the Council has the authority to appoint or remove Members on any of the Council’s decision making bodies at any time.

5. The Clerk to the Council will determine all matters of competency in relation to Standing Orders 3 and 4.

ORDINARY AND SPECIAL MEETINGS

6. During the ongoing Covid-19 situation a schedule of meetings will be agreed by the Council. The Clerk to the Council is responsible for convening all meetings of Council which will be held on the days, and at the times and in the places fixed by the Council and as then published in its Programme of Meetings. For all meetings the Notice of Meeting will serve as the summons.

7. In addition to the scheduled meetings of Council, special or other meetings of the Council may be convened by the Clerk to the Council as follows:-

(a) at the request of the Provost; (b) by a resolution of the Council; (c) on the requisition of at least one fourth of the whole number of Members of the Council (6), which meeting will be held within 14 days of receipt of the requisition by the Proper Officer; (d) at the request of the Monitoring Officer.

NOTICE OF MEETINGS

8. Reports intended for Council meetings must be submitted to the Clerk in accordance with the timescales prescribed by the Clerk to the Council which will have been issued to officers along with the programme of meetings.

9. Every Notice of Meeting must state the business to be transacted at the meeting as set out in Standing Order 27. No other business will be dealt with unless it is submitted to Council as a matter of urgency under Standing Order 29. If however a meeting is called in terms of Standing Order 7(c), only the business listed in the requisition will be dealt with.

10. Notices of Meeting, agendas and reports will be sent to all Members in respect of full Council meetings and to all Members of the relevant Committee or Panel at least three clear working days before meetings or, if convened at shorter notice, then as soon as meetings are convened.

11. Such notices, agendas and reports will be provided to each Member in hard copy or electronically as he or she requests.

12. Public notice of the time and if appropriate the place of meetings, listing the business to be transacted, will be made available on the Stirling Council website at least three clear working days before the meeting. If the meeting is convened at shorter notice, then the notice will be posted at the time it is convened.

PUBLIC ACCESS

13. Every meeting of the Council will be open to the public, except in special circumstances which are set out below:-

(a) the public must be excluded from a meeting of the Council where it is likely, because of the business itself or what might be said, that confidential information (as defined by the relevant law) would be given to members of the public; and/or

(b) the Council may decide, by passing a resolution at any meeting, to exclude the public when it is considering an item of business if it is likely, because of the business itself or what might be said, that exempt information (as defined by the relevant law) would be given to members of the public. The resolution to exclude the public will make clear which part of the proceedings of the meeting it applies to and explain why the information is exempt; or (c) (d)(b) during the ongoing Covid-19 situation the Council may exclude the public from a meeting of the Council under the provisions of the Coronavirus (Scotland) Act 2020, Schedule 6, Part 4, which sets out grounds for exclusion of the public from meetings of Local Authorities as “whenever it is likely that, if members of the public were present, there would be a real and substantial risk to public health due to infection or contamination with coronavirus.”

14. If the Clerk believes that it is likely that exempt or confidential information (as defined by the relevant law) will be given to members of the public they may exclude the

whole of a report (or any part of a report) from public viewing. Every copy of any report in that category (or part of that report) will either be marked “Not for Publication” or marked “Confidential”. In the case of reports which are marked as exempt, the agenda for the meeting will indicate that it is anticipated (although this is not certain) that the meeting will resolve to exclude the press and public during consideration of the item(s) marked with the prefix E (not for publication in terms of Schedule 7A of the Local Government (Scotland) Act 1973).

15. Copies of the relevant agendas and reports for meetings of the Council will be available on the Stirling Council website three clear days before meetings..

16. Except at the discretion of the Provost, the Council will not allow the taking of photographs, use of mobile telephones, or music players during meetings, or the radio or television broadcasting or recording of meetings. This does not prohibit the Council itself subsequently webcasting or otherwise recording meetings.

QUORUM

17. No business will be carried out at a meeting of the Council unless at least 12

Members of the Council are present.

18. In the event of any vacancies among the membership of the Council, the quorum

will be adjusted as follows:-

22 12

21 11

20 10

19 10

18 9

17 9

and so on, provided always that the quorum will never be less than the legal

minimum of one quarter of the Council (i.e. 6).

19. No business will be carried out at a meeting of any of the Decision Making Committees, the Audit Committee and the Pre-Determination Hearing Committee unless the requisite quorum is present as follows:-

Decision Making Committee Quorum Children & Young People 5 Children & Young People (when discharging 7 Education functions on the Council’s behalf) Community Planning & Regeneration 4 Environment & Housing 5 Finance & Economy 4 Public Safety 4

Audit 4

Pre-Determination Hearing 12

(quorum is 12 unless the number of Members declaring an interest necessitates

a lower number, in which case the quorum will be reduced by the number declaring an interest, always providing that the quorum will never be less than 6.)

20. No business will be carried out at a meeting of any of the Panels appointed by the Council with the functions set out in the Council’s Scheme of Delegation, unless the requisite quorum is present as follows:-

Name of Panel Membership Quorum Adult Social Care 7 4 Appeals 3 3 Appointments 4 3 Chief Executive Appraisal Panel 3 3

Civic Panel 6 3 Grievance & Discipline 3 3 (Chief Officers) Health & Safety 4 3 Local Review Body 3 3 Parental Appeals 3 3 Planning & Regulation 9 5

Note

Civic Panel – When considering matters relating to the Bridge of Allan Common Good Fund or the Dunblane Common Good Fund, the membership of the Panel is increased to include the four Members for Ward 3. The quorum for such items will be five (one of whom should be from Ward 3)

When considering matters relating to the Callander Common Good Fund, the membership of the Panel will be increased to include the three Members for Ward 1. The quorum for such items will be four (one of whom should be from Ward 1).

LACK OF A QUORUM

21. If there is no quorum within 15 minutes of the designated start time for a meeting of the Council, the Provost will adjourn the meeting to another time on the same day or such other date and time as the Provost shall determine. If the Provost is among those absent, the Clerk will minute that no business was transacted because of the lack of the necessary quorum.

22. If during any meeting of the Council the attention of the Provost is called to the number of Members present, he or she will direct the Clerk to call the roll and if a quorum is not present the meeting will immediately be adjourned to another time on the same day or such other date and time as the Provost shall determine. If less than a quorum of the Council is entitled to vote on an item because of declarations of interest that item cannot be dealt with at that meeting.

SUBSTITUTION

23. Subject to the particular arrangements set out below in respect of the Children and Young People Committee, the Public Safety Committee and the Civic Panel, substitution will be permitted at all Decision Making Committees, the Audit Committee and Panels provided that the appointed Member has advised the Clerk of the name of the substitute Member in advance of the meeting. The substitute Member will be a member of the Committee/Panel for that meeting only and will be entitled to take part in the meeting with the full powers, duties and responsibilities of the appointed Member. A Member (whether the original Member or a substitute) may not be replaced during the course of the meeting or at any adjourned meeting, unless urgent circumstances require this and where the substantive member has first received the approval of the Convener.

(a) Children and Young People Committee – The statutory religious representatives are not permitted to appoint substitutes. The teacher representatives are permitted to appoint substitutes from within a named pool only with no requirement for prior notification. Secondary school representatives will be permitted to appoint substitutes from within the pool of seven with no requirement for prior notification.

(b) Public Safety Committee - Substitution will be permitted provided that the substitute Member represents the same ward as the appointed Member and the appointed Member has told the Clerk the name of the substitute Member in advance of the meeting.

CANCELLATION OF MEETINGS

24. Prior to cancelling any meeting, the Clerk will consult the Group Leader and Secretary of each political group and any individual/independent Councillor.

25. Meetings of the Council cannot be cancelled once the public notice calling the meeting has been issued. When a meeting is cancelled in advance of the issue of the public notice, the Clerk will send notice of the cancellation to all Members as soon as practicable.

ORDER OF BUSINESS

26. The Provost may make a statement at the start of a meeting on any matter that affects the Council's interest. There will be no debate on such matters.

27. The business of the Council will proceed in the order specified in the notice calling the meeting which will be as follows, unless the Provost determines otherwise:-

determined by the Provost. (Council, Decision Making Committees, Audit Committee and Panels only) (e) Minutes (for approval only – there is no provision for Matters Arising) (Council, Decision Making Committees, Audit Committee and Panels only) (f) Written Questions (Council only) (g) Question Time (Council only) (h) Rolling Action Logs (Decision Making Committees, Audit Committee and Adult Social Care Panel only) (i) Petitions (Decision Making Committees only) (j) Appointments and Resignations (Council only) (k) Reports by the Committees, or Panels (Council only) (l) Reports dealing with performance, policy and progress in relation to the key priorities for which a Committee has responsibility (Audit Committee and Decision Making Committees only) (m) Consideration of performance information including, but not limited to, the Committee’s performance scorecard (Audit Committee, Decision Making Committees and Adult Social Care Panel only) (n) Business submitted directly to Council or a Committee (Officer reports) (o) Budget Proposals and proposed amendments thereto. (Council only) (p) Statutory Motions (Council only) (q) Notices of Motion previously intimated in terms of Standing Order 39 (Council, Decision Making Committees and Audit Committee only) and Standing Order 44 (Council only).

In accordance with the Local Government (Access to Information) Act 1985 all reports must be submitted in writing. There is no provision for verbal reporting.

28. The order of business for an adjourned meeting will be as set out in the original calling Notice. Any item may be taken out of order at an adjourned meeting if the Provost decides this or a Member suggests this and those at the meeting agree.

URGENT BUSINESS

29. Urgent business may only be considered if the Provost rules that there are special reasons as to why it is a matter of urgency. The Provost must give those reasons which will be specified in the minutes. The item must be identified at the start of the meeting and the Provost will confirm when it will be considered in the order of business. Unless there are exceptional circumstances, items of urgent business must be brought forward in the form of a written report.

WRITTEN QUESTIONS (Business not already on the Council Agenda)

30. At each ordinary meeting of the Council any Member can put one question about relevant and competent business not already on the agenda to the Provost, the Leader of the Council, any Portfolio Holder or Committee Convener or the Chair of any Panel, as appropriate. The written question will be answered by the person to whom it is addressed. No Member can put more than one question at any meeting. The Member must give notice in writing of their question to the Clerk by 12 noon, three four clear working days prior to the day of the meeting.

31. Questions and written answers will be numbered in the order received. The answers will be emailed to Members one hourby 5pm on the day before the start of the Council meeting.

32. The Member who put the written question may put one supplementary question, which must directly relate to the written answer. This will be answered verbally by the person to whom the original question was put. Written questions and answers and supplementary questions and answers will be minuted in the form of an appendix to the minutes.

33. Except by the leave of the Provost, the total time allowed for asking a supplementary question and replying to it will not exceed three minutes.

34. No discussion will be allowed on any written or supplementary questions or their answers.

35. If the Provost rules a question out of order, the question will not be answered. The Provost may disallow any supplementary question if he or she rules that the supplementary question is not relevant to the subject of the written question answered at the meeting.

36. Except by leave of the Provost, the total time allowed for written questions and supplementary questions will not exceed 30 minutes. If a Member does not have the opportunity to put a supplementary question because no time remains, then he or she can submit it in writing to the Clerk who will arrange for a written answer to be provided within seven working days.

QUESTION TIME (Volume of Minutes and Minutes on the Council agenda for approval)

37. At each ordinary meeting of the Council 30 minutes will be allowed for question time, when any Member can put a question to the Provost, the Leader of the Council, any Portfolio Holder or Committee Convener or Chair of any Panel as appropriate, regarding any business included in the volume of minutes for that meeting and any minutes on the Council agenda for approval. Any questions will be answered verbally by the person to whom the question is put. Questions and answers will be minuted.

ROLLING ACTION LOGS

38. A rolling action log will be maintained for each of the Decision Making Committees, the Audit Committee and the Adult Social Care Panel and be included as a standing item on agendas. The log details actions arising or pending from each of the previous meetings.

There will be no substantive discussion on the detail of the actions arising from previous meetings. Where detailed discussion is required, this will be the subject of a separate report on the agenda.

The Committee/Panel can:-

(a) Note the content of the log; (b) Agree to the closure and removal of items on the log which have been completed; (c) Agree to amend/extend the expected completion date for actions. The Committee/Panel can only agree to amend/extend the completion date twice without a new report on the matter appearing on the agenda for consideration; (d) Agree that a new report on the matter be brought forward to the next meeting.

NOTICES OF MOTION

39. Every notice of motion will require to be in writing, signed by the Member giving notice, countersigned by one other Member and delivered to the Clerk at least seven clear working days before the next ordinary meeting of the Council.

40. All motions received within this timescale will be included in the summons for that meeting in the order in which they were received.

41. Officers will provide written information/advice on the subject matter of Motions under Standing Order 39 in advance of the Council meeting and a hard copy will be tabled, one hour before the start of the meeting. The advice will also be included in the Minutes of the meeting.

42. If a motion, which is specified in the summons, is not moved at that meeting, either by the Member who has given the notice or by some other Member on their behalf, it will, unless postponed by the Council, be dropped and not moved again without fresh notice being given in terms of Standing Order 39.

43. Standing Orders 39-42 will not apply to requisitioned meetings, procedural motions, to motions which are moved by Members in pursuance of a minute or report, to motions simply proposing further consideration of a report or to motions (and amendments) that are fully set out in a minute of, a Committee or Panel.

BUDGET PROPOSALS (Council only)

44. Any proposed motion relating to the setting of the overall Council Revenue (including the proposed fees and charges) and Capital budgets (hereinafter referred to as a “Budget Proposal”) will require to be in writing and delivered to the Clerk at least 3 clear working days before the meeting of the Council which will set the General Fund and HRA Revenue and Capital Budgets. A budget proposal will require to be signed by the Member submitting it and countersigned by one other Member.

45. Any proposed amendment to a budget proposal must be in writing and delivered to the Clerk at least 24 hours before the meeting of the Council which will consider it. Any such proposed amendment will require to be signed by the Member submitting it and countersigned by one other Member.

46. Copies of budget proposals and proposed amendments thereto will be made available by the Clerk to every Member of the Council, the Chief Executive and the Chief Operating Officers as soon as possible after the deadline for receipt has expired. The Clerk to the Council will make further copies available to the public.

47. Officers will provide written information/advice on budget proposals and proposed amendments thereto to all Councillors in advance of the Council meeting. The officer advice on budget proposals and proposed amendments will be included in the Minutes of the meeting. The Council is legally required to approve an annual balanced budget and set a council tax.

48. If a motion, which is specified in the summons, is not moved at that meeting, either by the Member who has given the notice or by some other Member on their behalf, it will, unless postponed by the Council, be dropped and not moved again without fresh notice being given in terms of Standing Order 44.

49. Standing Orders 44-48 will not apply to procedural motions, to motions which are moved by Members in pursuance of a minute or report, to motions simply proposing further consideration of a report or to motions (and amendments) that are fully set out in a minute of, a Committee or Panel.

CONSIDERATION OF REPORTS AND RECOMMENDATIONS

50. The consideration of reports and recommendations will be conducted in the following order:-

(a) Introduction - At the discretion of the Provost, the nominated officer may be invited to introduce a report. Introductions will normally be limited to three minutes. Any presentations to Council will be notified in advance on the agenda and will be limited to 10 minutes. Exceptionally, the Provost may allow a longer presentation on an agenda item.

(b) Questions - Members will then have the opportunity to ask questions, seek clarification or request further information. Where there is no presentation or introduction the Council will move directly to this stage.

(c) Proposal - The Provost will then invite the relevant Convener or Portfolio Holder to propose adoption of the recommendations set out in the report under consideration, with or without amendment. The Provost will ask if there is a seconder for the proposal.

(d) Discussion - The matter will then be open for general discussion for a period not exceeding 10 minutes.

(e) Determination - If there is consensus, the Provost will ask if the Council is in agreement with the proposal and unless any Member indicates otherwise in terms of Standing Order 50(f), the matter will be so determined.

(f) No agreement - When no agreement has been reached in terms of Standing Orders 50(c) to (e), then Council will proceed to Standing Order 51.

DEBATES

51. Determination of issues where there is no consensus and consideration of Notices of Motion in terms of Standing Order 39 and Standing Order 44 (Council only). The order of debate will be as follows:-

(a) Motion moved and seconded

(b) Amendment(s) moved and seconded

(d) Summing up for the amendment(s) – reverse order

(e) Summing up for the motion

(f) Vote

52. The motion and any amendments will be given in writing to the Clerk to the Council together with 40 copies, which will then be made available to every Member of the Council, the Clerk, officers and members of the public and press in attendance or if the meeting is taking place remotely they will be given verbally by the proposer and verbally confirmed to all Members by the Clerk.

53. Every amendment must be relevant to the motion to which it is moved. The Provost will decide on matters of relevancy and will have the power, with the consent of the meeting, to join motions or amendments (including the direct negative) which are consistent with each other.

54. All additions to, omissions from or variations on a motion will be considered as amendments to the motion and will be dealt with accordingly.

55. Formal proposal of motions and amendments - The motion will be formally moved by a Member and seconded by another Member who may reserve their right to speak. Members will then move amendment(s) or the direct negative, which will require to be seconded by another Member who may also reserve their right to speak. At the discretion of the Provost, members will be given the opportunity to ask questions, seek clarification or request further information from the proposer of the Motion. The matter will then be opened up for formal debate.

56. A Member can only move or second one proposition (a motion, amendment or direct negative) on any matter on which the Council cannot reach consensus. However, a Member can also move one procedural motion under Standing Order 62 during consideration of the same item.

57. A proposition once moved and seconded will not be withdrawn unless the mover and seconder agree.

58. (temporarily removed to facilitate remote/online meetings)

59. Limits on contributions to the debate - No Member can speak more than once on any subject that is being discussed except on a point of order or (with the permission of the Provost) to provide an explanation. When a point of order is raised, the Member speaking at that time will stop speaking. The Provost will then determine whether the mover of the proposition should reply and may limit the length of reply if the mover is being engaged in further debate.

60. Summing up - The Member moving a motion, the direct negative or amendment may reply in reverse order to sum up, provided that the summing up does not introduce any new matter into the debate.

61. Time Allowed for Speaking

Moving a motion or amendment 5 minutes Seconding a motion or amendment 3 minutes Speaking in a debate 2 minutes Summing up 3 minutes

The Provost may however allow Members to engage in free debate within reasonable limits.

62. Procedural Motions - The following procedural motions will be permitted during consideration of any item.

(a) “that the meeting proceed to next business”; (b) “that the question is now put to the vote”;

Procedural motions will be moved, seconded and put without debate and the vote conducted by roll call.

63. Recording of dissent - Motions or amendments that are not seconded will not be discussed or included in the minutes but the proposer can require that his or her dissent be minuted.

VOTING (OTHER THAN APPOINTMENTS)

64. Subject to these Standing Orders and any statutory provision requiring a minimum number of votes to decide a matter, every question which is the subject of a division will be determined by a majority of votes of the Members present and voting. In the event of an equality of votes the Provost will have a second or casting vote.

65. Subject to these Standing Orders, voting will be by a roll call vote where the names for or against the motion or amendment and those not voting will be taken down in writing and entered into the minute.

66. Voting will begin when the Clerk has put all competent motions and amendments before the Council. Members present at the meeting and eligible to vote will vote either “for” or “against” each amendment, to be taken in the order moved or in the order determined by the Provost.

67. If an amendment is not carried, any other amendments will be voted on. If an amendment is carried, it will take the place of the original motion (and become the substantive motion) and any remaining amendments will be voted on in the same manner. After all amendments have been disposed of, Members will then vote “for” or “against” the motion (either the original motion or the substantive motion) remaining before the meeting.

68. Where the direct negative has been moved in addition to one or more amendments, the direct negative will be taken last.

69. Where only the motion and the direct negative are moved and seconded, a straight vote will take place “for” or “against” the motion.

VOTING (ALL APPOINTMENTS) – COUNCIL AND APPOINTMENTS PANEL

70. When nominating or appointing a Member of the Council or any person to any office where the number of candidates is more than the number of vacancies, the person to be selected will be decided by a vote or votes. Members will be entitled to vote for as many candidates as there are vacancies but cannot cast more than one vote for any one candidate. For voting purposes, each candidate will be taken in turn in alphabetical order (by surname).

71. If, as a result of voting, there is an absolute majority (that is - half of those present plus 1) in favour of a candidate or candidates for the vacancy or vacancies to be filled, such candidate or candidates will be declared elected, selected or appointed as the case may be.

72. If there is no such majority, then a fresh vote will be taken provided that:-

(a) the candidate receiving the least number of votes will be dropped from the list and a fresh vote taken.

(b) if an absolute majority vote is not secured on the second vote, then as long as the candidate or candidates with the most votes has/have received a simple majority of the votes cast then they will be declared elected, selected or appointed as the case may be; and

(c) in any case of equality of votes the person presiding at the meeting will have a second or casting vote, save that where the subject of the vote relates to the appointment of a Member of the Council to any particular office or Committee the decision on which candidate or candidates will be eliminated from the process will be decided by lot.

73. At any stage Members can, by unanimous agreement, exclude candidates who they consider have no prospect of being appointed.

AUTOMATIC BREAK (COMFORT BREAK)

74. After Council has been sitting for two hours and not longer than two and a half hours, there will be an automatic break of at least 10 minutes. At the discretion of the Provost the break may be extended to not more than 30 minutes.

ADJOURNMENT

75. During any meeting of the Council, it shall be competent for a member at any time, except during a speech by another member, to move that the meeting be adjourned for a period of time or to a date and time specified in the motion. No motion for adjournment may be made within thirty minutes of a previous motion having been rejected if the Council is still considering the same item of business. A motion for adjournment shall have precedence over all other motions and if moved and seconded shall be put to the meeting without amendment save as to the date and/or time for resumption of the meeting. When the adjourned meeting is resumed, the proceedings shall commence at the point at which they were interrupted by the adjournment.

76. In the event that the business of a daytime meeting is not concluded within five hours (excluding automatic breaks) and, in the case of an evening meeting, by 9.30pm, there will be an automatic vote to determine the proposal that “the meeting will stand adjourned until a date and time within the following four working days”, said date and time to be advised by the Clerk to the Council when the proposal is put to the vote. For the avoidance of doubt, a simple majority will carry or defeat the proposal.

REVOCATION OF PREVIOUS RESOLUTIONS (SIX MONTH RULE)

77. No motion which seeks to alter or revoke a decision of the Council, or has that effect, will be considered or passed until at least six months after the decision was taken originally, unless no less than two thirds of Members present and entitled to vote at

any Council meeting agree to reconsider the decision. The vote will be conducted by roll call.

DECISION NOTICES

78. The Clerk will issue a decision notice detailing decisions taken by the Council/Committees/Panels to all Members of the Council within 2 working days of the meeting.

DISORDERLY CONDUCT

79. In order to stop disorderly conduct or other misbehaviour at a meeting, the Council can exclude members of the public whose presence or actions are stopping the good conduct of the meeting. If a member of the public interrupts any meeting, the Provost may warn the person that if they continue the interruption, the Provost may ask that they leave the Chamberinstruct that the member of the public shall leave the meeting. The Clerk will act on any orders received from the Provost to this effect.

80. In the event of a Member disregarding the authority of the Provost, or behaving obstructively or offensively, the Provost will first ask the Member to refrain from such behaviour, failing which a motion may be proposed and seconded to suspend the member for the rest of the meeting. The motion will be put without debate. If it is carried, the Council Officer will act on any orders received from the Provost to carry out the decision.

81. In the event of disorderly conduct by a member of the public or a Member, it will be open to the Provost to adjourn a meeting to another time on the same day or to another date and time.

PETITIONS

82. The Council has a process in place whereby its citizens can submit a petition to any of its Decision Making Committees. The Public Petitions Process is set out in the Scheme of Delegation.

INTERPRETATION AND APPLICATION OF STANDING ORDERS

83. If, at any time, a question arises on whether any of these Standing Orders conform to legislative provisions, the Clerk to the Council will rule on whether the queried Standing Order should be overridden.

84. These Standing Orders must be read in conjunction with the following Governance and Corporate Documents:-

(a) Scheme of Delegation (b) Contract Standing Orders and Financial Regulations (c) Council approved Budget & Policy Strategies (d) Councillors’ Code of Conduct (e) Stirling Council’s Code of Conduct (f) Public Petitions Process (g) Local Review Body Procedures

85. The provisions of these Standing Orders (except Standing Orders 1, 3 to 5, 17 to 18, 30 to 37, 44 to 50, 58 and 87 to 88, which only apply to Council and Standing Orders 70 to 73 which only apply to Council and to the Appointments Panel) will apply to the Decision Making Committees, the Audit Committee, the Pre-Determination Hearing Committee or Panels as they apply to the Council, except that Standing Orders 26, 29, 39 to 49 and 50 to 69 inclusive do not apply to the Pre-Determination Hearing Committee, which has its own procedures as determined by the Council’s Service Manager - Planning and Building Standards in consultation with the Convener and Vice-Convener of the Committee.

86. References in these Standing Orders to the Provost or Convener include his or her appointed Depute or any other Member when acting in their absence.

SUSPENSION AND AMENDMENT OF STANDING ORDERS

87. As long as it is consistent with any statutory provisions, any one or more of the Standing Orders can be suspended at any meeting, provided that two-thirds of the Members of the Council who are present agree.

88. No alteration of these Standing Orders will be made:-

(a) without notice being given at one meeting of the Council to be discussed at the following one, which alterations will not come into effect except on a resolution, passed by a majority of the members present and voting or

(b) excepting that a report can be submitted to any meeting of Council by the Clerk to the Council, proposing alterations, which alterations will be inherent in the terms of a report or minute to the Council, so as to come into immediate effect on a resolution passed by a majority of the Members present and voting.

DEFINITIONS

Agenda A list of business to be considered at Council, Committee and Panel meetings.

Amendment Where a motion has been put forward in respect of an item of business on an agenda, a Member may move an alternative proposal. The motion and the amendment will then be debated and a vote taken.

Clear Working Days Saturdays, Sundays and public holidays are not included as working days.

Clear days does not include the day an agenda is issued or the day of the meeting. For example if a meeting takes place on a Thursday the agenda would require to be issued the previous Friday – 3 clear days before the meeting.

Clerk The person appointed to arrange for the preparation and circulation of agendas and minuting of meetings and to provide such procedural advice at meetings as may be necessary.

Clerk to the Council The Proper Officer in respect of the Standing Orders. The Clerk to the Council is the Chief Officer – Governance appointed by the Council under sections 43, 50A – 50K and Schedule 7 of the Local Government (Scotland) Act 1973 (as amended).

Council The Stirling Council incorporated under the Local Government etc. (Scotland) Act 1994.

Councillor A duly elected member of the Council in terms of Section 33A of the Local Government (Scotland) Act 1973.

Letter of Summons Sent to all Members and signed by the Clerk to the Council to summon them to attend a Council meeting. Only applies to Council meetings. For all other meetings the Notice serves as the summons.

Member A Councillor and anyone appointed to a Committee or Panel whether or not entitled to vote.

Monitoring Officer The officer appointed by the Council under Section 5 of the Local Government and Housing Act 1989 or the person nominated as a deputy under sub-section (7) of Section 5.

Notice of Meeting Printed at the top of the agenda (giving the date, time and if appropriate place of the meeting) and acts as summons to Members to attend a meeting of a Committee or Panel.

Present A Member will be present at the meeting either by being physically present in the meeting room, or by attending remotely using Microsoft Teams or any other approved platform.

Quorum The minimum number of Members at a Council, Committee or Panel meeting who must be present for valid transaction of business.

Two Thirds of Members If the figure is not a whole number the number will be rounded up.

71 Appendix 2

STIRLING COUNCIL

STANDING ORDERS

Effective from and including 8 October 2021 72

CONTENTS

SO No Page No

1 First Council meeting after an election (Statutory Meeting) 5

2 Chairing meetings and duties of the Provost (Chair) 5

3 - 4 Removal from Office 6

6 Ordinary meetings 6

7 Special meetings 6

8 - 12 Notice of meetings 7

13 - 16 Public access 7

17 - 18 Quorum - Council 8

19 Quorum – Committees 8

20 Quorum – Panels 9

21 - 22 Lack of a quorum 9

23 Substitution 10

24 - 25 Cancellation of meetings 10

27 Order of business 10

29 Urgent business 11

30 - 36 Written Questions (Council only) 12

37 Question Time (Council only) 12

38 Rolling action logs 13

39 - 43 Notices of motion 13

44 - 49 Budget proposals (Council only) 14

50 Consideration of reports and recommendations 14

51 - 63 Debates 15

Order of Debate (SO 51) Relevancy (SO 53) Formal Proposal of motions and amendments (SO 55 - 57) Contributions to the debate and points of order (SO 59) Summing up (SO 60)

Time Allowed for Speaking (SO 61) Procedural Motions (SO 62) Recording of Dissent (SO 63)

64 - 69 Voting 16

70 - 73 Voting (Appointments) 17

74 Automatic Break (Comfort) 18

75 Adjournment 18

76 Adjournment due to length of meeting 18

77 Revocation of previous resolutions (6 month rule) 18

78 Decision notices 19

79 - 81 Disorderly conduct 19

82 Petitions 19

83 Interpretation of Standing Orders 19

87 - 88 Suspension and amendment of Standing Orders 20

STANDING ORDERS OF THE STIRLING COUNCIL

These standing orders apply from 8 October 2021 and regulate the conduct of business at meetings of Stirling Council and the Committees and Panels of the Council.

FIRST COUNCIL MEETING AFTER AN ELECTION (STATUTORY MEETING)

1. In a local government election year, the Clerk to the Council will call a meeting of

the Council within 21 calendar days from the date of the election. At this meeting or

any adjournment of it, the Council will:-

(a) elect a Provost and Depute Convener of Council (or Convener/Depute

Convener if so determined);

(b) elect a Leader and Depute Leader of the Council;

(d) appoint members of Joint Committees and Joint Boards and their

Conveners, where these appointments are to be made by the Council;

(e) appoint or nominate representatives to various outside bodies; and

(f) deal with any urgent competent business.

CHAIRING MEETINGS AND DUTIES OF THE PROVOST (CHAIR)

(a) The Provost will have responsibility for facilitating meetings of the Council, ensuring that every Member is treated equally and given the same opportunity of expression.

(b) When the Provost speaks, any Member of the Council who is addressing the meeting must stop.

(c) The Provost will have discretion, with or without discussion, to determine all questions of procedure where no specific provision is made under these Standing Orders.

(e) The Provost will sign any Minutes of previous Meetings approved by the Council.

REMOVAL FROM OFFICE

3. The Council may remove the Provost from office providing:-

(a) prior notice is given at one meeting of the Council that the matter will be considered at its next meeting; or

(b) where no prior notice is given, not less than two-thirds of Members present and entitled to vote, agree that the early removal of the Provost from Office will be considered at that meeting.

The provisions of this Standing Order will also apply to the position of Depute Convener of Council.

4. With the exception of the Provost and Depute Convener of Council the Council has the authority to appoint or remove Members on any of the Council’s decision making bodies at any time.

5. The Clerk to the Council will determine all matters of competency in relation to Standing Orders 3 and 4.

ORDINARY AND SPECIAL MEETINGS

6. During the ongoing Covid-19 situation a schedule of meetings will be agreed by the Council. The Clerk to the Council is responsible for convening all meetings of Council which will be held on the days and at the times fixed by the Council and as then published in its Programme of Meetings. For all meetings the Notice of Meeting will serve as the summons.

7. In addition to the scheduled meetings of Council, special or other meetings of the Council may be convened by the Clerk to the Council as follows:-

NOTICE OF MEETINGS

11. Such notices, agendas and reports will be provided to each Member in hard copy or electronically as he or she requests.

PUBLIC ACCESS

13. Every meeting of the Council will be open to the public, except in special circumstances which are set out below:-

14. If the Clerk believes that it is likely that exempt or confidential information (as defined by the relevant law) will be given to members of the public they may exclude the whole of a report (or any part of a report) from public viewing. Every copy of any report in that category (or part of that report) will either be marked “Not for Publication” or marked “Confidential”. In the case of reports which are marked as exempt, the agenda for the meeting will indicate that it is anticipated (although this is not certain) that the meeting will resolve to exclude the press and public during consideration of the item(s) marked with the prefix E (not for publication in terms of Schedule 7A of the Local Government (Scotland) Act 1973).

15. Copies of the relevant agendas and reports for meetings of the Council will be available on the Stirling Council website three clear days before meetings..

QUORUM

17. No business will be carried out at a meeting of the Council unless at least 12

Members of the Council are present.

18. In the event of any vacancies among the membership of the Council, the quorum

will be adjusted as follows:-

22 12

21 11

20 10

19 10

18 9

17 9

and so on, provided always that the quorum will never be less than the legal

minimum of one quarter of the Council (i.e. 6).

Audit 4

Pre-Determination Hearing 12

(quorum is 12 unless the number of Members declaring an interest necessitates a lower number, in which case the quorum will be reduced by the number declaring an interest, always providing that the quorum will never be less than 6.)

Name of Panel Membership Quorum Adult Social Care 7 4 Appeals 3 3 Appointments 4 3 Chief Executive Appraisal Panel 3 3

Civic Panel 6 3 Grievance & Discipline 3 3 (Chief Officers) Health & Safety 4 3 Local Review Body 3 3 Parental Appeals 3 3 Planning & Regulation 9 5

Note

LACK OF A QUORUM

SUBSTITUTION

the appointed Member. A Member (whether the original Member or a substitute) may not be replaced during the course of the meeting or at any adjourned meeting, unless urgent circumstances require this and where the substantive member has first received the approval of the Convener.

CANCELLATION OF MEETINGS

24. Prior to cancelling any meeting, the Clerk will consult the Group Leader and Secretary of each political group and any individual/independent Councillor.

ORDER OF BUSINESS

26. The Provost may make a statement at the start of a meeting on any matter that affects the Council's interest. There will be no debate on such matters.

27. The business of the Council will proceed in the order specified in the notice calling the meeting which will be as follows, unless the Provost determines otherwise:-

(a) Notification of Apologies (b) Notification of Substitutions (Decision Making Committees, Audit Committee and Panels only) (c) Declarations of Interest (d) Urgent Business brought forward by the Provost in terms of Standing Order 29, intimated at the start of the meeting and discussed in the order determined by the Provost. (Council, Decision Making Committees, Audit Committee and Panels only) (e) Minutes (for approval only – there is no provision for Matters Arising) (Council, Decision Making Committees, Audit Committee and Panels only) (f) Written Questions (Council only) (g) Question Time (Council only) (h) Rolling Action Logs (Decision Making Committees, Audit Committee and Adult Social Care Panel only) (i) Petitions (Decision Making Committees only) (j) Appointments and Resignations (Council only)

(k) Reports by the Committees, or Panels (Council only) (l) Reports dealing with performance, policy and progress in relation to the key priorities for which a Committee has responsibility (Audit Committee and Decision Making Committees only) (m) Consideration of performance information including, but not limited to, the Committee’s performance scorecard (Audit Committee, Decision Making Committees and Adult Social Care Panel only) (n) Business submitted directly to Council or a Committee (Officer reports) (o) Budget Proposals and proposed amendments thereto. (Council only) (p) Statutory Motions (Council only) (q) Notices of Motion previously intimated in terms of Standing Order 39 (Council, Decision Making Committees and Audit Committee only) and Standing Order 44 (Council only).

In accordance with the Local Government (Access to Information) Act 1985 all reports must be submitted in writing. There is no provision for verbal reporting.

URGENT BUSINESS

WRITTEN QUESTIONS (Business not already on the Council Agenda)

30. At each ordinary meeting of the Council any Member can put one question about relevant and competent business not already on the agenda to the Provost, the Leader of the Council, any Portfolio Holder or Committee Convener or the Chair of any Panel, as appropriate. The written question will be answered by the person to whom it is addressed. No Member can put more than one question at any meeting. The Member must give notice in writing of their question to the Clerk by 12 noon, four clear working days prior to the day of the meeting.

31. Questions and written answers will be numbered in the order received. The answers will be emailed to Members by 5pm on the day before the Council meeting.

33. Except by the leave of the Provost, the total time allowed for asking a supplementary question and replying to it will not exceed three minutes.

34. No discussion will be allowed on any written or supplementary questions or their answers.

QUESTION TIME (Volume of Minutes and Minutes on the Council agenda for approval)

ROLLING ACTION LOGS

The Committee/Panel can:-

(a) Note the content of the log;

(b) Agree to the closure and removal of items on the log which have been completed; (c) Agree to amend/extend the expected completion date for actions. The Committee/Panel can only agree to amend/extend the completion date twice without a new report on the matter appearing on the agenda for consideration; (d) Agree that a new report on the matter be brought forward to the next meeting.

NOTICES OF MOTION

40. All motions received within this timescale will be included in the summons for that meeting in the order in which they were received.

BUDGET PROPOSALS (Council only)

CONSIDERATION OF REPORTS AND RECOMMENDATIONS

50. The consideration of reports and recommendations will be conducted in the following order:-

(d) Discussion - The matter will then be open for general discussion for a period not exceeding 10 minutes.

(f) No agreement - When no agreement has been reached in terms of Standing Orders 50(c) to (e), then Council will proceed to Standing Order 51.

DEBATES

(a) Motion moved and seconded

(b) Amendment(s) moved and seconded

(d) Summing up for the amendment(s) – reverse order

(e) Summing up for the motion

(f) Vote

54. All additions to, omissions from or variations on a motion will be considered as amendments to the motion and will be dealt with accordingly.

57. A proposition once moved and seconded will not be withdrawn unless the mover and seconder agree.

58. (temporarily removed to facilitate remote/online meetings)

60. Summing up - The Member moving a motion, the direct negative or amendment may reply in reverse order to sum up, provided that the summing up does not introduce any new matter into the debate.

61. Time Allowed for Speaking

Moving a motion or amendment 5 minutes Seconding a motion or amendment 3 minutes Speaking in a debate 2 minutes Summing up 3 minutes

The Provost may however allow Members to engage in free debate within reasonable limits.

62. Procedural Motions - The following procedural motions will be permitted during consideration of any item.

(a) “that the meeting proceed to next business”; (b) “that the question is now put to the vote”;

Procedural motions will be moved, seconded and put without debate and the vote conducted by roll call.

63. Recording of dissent - Motions or amendments that are not seconded will not be discussed or included in the minutes but the proposer can require that his or her dissent be minuted.

VOTING (OTHER THAN APPOINTMENTS)

68. Where the direct negative has been moved in addition to one or more amendments, the direct negative will be taken last.

69. Where only the motion and the direct negative are moved and seconded, a straight vote will take place “for” or “against” the motion.

VOTING (ALL APPOINTMENTS) – COUNCIL AND APPOINTMENTS PANEL

72. If there is no such majority, then a fresh vote will be taken provided that:-

(a) the candidate receiving the least number of votes will be dropped from the list and a fresh vote taken.

73. At any stage Members can, by unanimous agreement, exclude candidates who they consider have no prospect of being appointed.

AUTOMATIC BREAK (COMFORT BREAK)

ADJOURNMENT

REVOCATION OF PREVIOUS RESOLUTIONS (SIX MONTH RULE)

any Council meeting agree to reconsider the decision. The vote will be conducted by roll call.

DECISION NOTICES

78. The Clerk will issue a decision notice detailing decisions taken by the Council/Committees/Panels to all Members of the Council within 2 working days of the meeting.

DISORDERLY CONDUCT

79. In order to stop disorderly conduct or other misbehaviour at a meeting, the Council can exclude members of the public whose presence or actions are stopping the good conduct of the meeting. If a member of the public interrupts any meeting, the Provost may warn the person that if they continue the interruption, the Provost may instruct that the member of the public shall leave the meeting. The Clerk will act on any orders received from the Provost to this effect.