Scottish Borders Council

Agenda and minutes

Venue: Council Chamber, Council Headquarters, Newtown St. Boswells

Contact: Louise McGeoch Tel 01835 825005  email  lmcgeoch@scotborders.gov.uk

Items
No. Item

1.

Convener's Remarks.

Minutes:

The Convener advised that the following had been recognised in the Queen’s New Year Honours List:

·                MBE – Steve Penny, Tweed Valley Mountain Rescue

·                OBE – Martyn Blissitt, services to animal health (vet adviser to Scottish Government re spread of disease in livestock)

·                OBE – Ian Davidson, services to agriculture for his work with the Scottish Rural Development Programme.

 

DECISION

AGREED that congratulations be passed to those concerned.

 

2.

Minute pdf icon PDF 127 KB

Consider Minute of Scottish Borders Council held on 19 December 2019 for approval and signing by the Convener.  (Copy attached.)

 

Minutes:

The Minute of the Meeting held on 19 December 2019 was considered. 

 

DECISION

AGREED that the Minute be approved and signed by the Convener.

 

3.

Common Good Fund Sub Committees - Ratification by Full Council pdf icon PDF 95 KB

Consider report by Executive Director (Finance and Regulatory).  (Copy attached.)

Minutes:

There had been circulated copies of a report by the Executive Director (Finance and Regulatory) seeking approval to amend the Scheme of Administration to add an additional referred function to the Common Good Fund Sub-Committees.  The report explained that there may be circumstances when all of the Members of a Common Good Fund Sub- Committee had an interest in a funding application and as a result the Sub Committee was unable to determine the application.  While such matters could be determined instead by Full Council, this approach did result in applications of a particularly local nature being decided with no input from those elected to represent that local community.  It was therefore proposed to add a new referred function (a starred item) to the Scheme of Administration which would allow the Sub-Committee to make recommendations to Council on such application. The application would then be finally determined by Council.  In this particular and exceptional circumstance, those Members who had an interest would declare that interest but would be able to participate in the discussion on that recommendation.  It was therefore proposed to add the following text to the Scheme of Administration under Common Good Fund Sub-Committees:“* Make recommendations to Council on any grant application for local expenditure where the Sub-Committee would otherwise be inquorate for any reason, including the composition of the applicant body”. 

 

DECISION

AGREED to amend the Scheme of Administration to add the following referred function to each Common Good Fund Sub-Committee:

“* Make recommendations to Council on any grant application for local expenditure where the Sub – Committee would otherwise be inquorate for any reason, including the composition of the applicant body

 

4.

Committee Minutes pdf icon PDF 29 KB

Consider Minutes of the following Committees:-

 

(a)     Kelso Common Good Fund                               19 November 2019

(b)     Chambers Institution Trust                                 20 November 2019

(c)     Peebles Common Good Fund                           20 November 2019

(d)     Hawick Common Good Fund                            26 November 2019

(e)     Planning & Building Standards                           9 December 2019

(f)      Local Review Body                                            16 December 2019

(g)     Pension Fund Board                                           17 December 2019

(h)     Pension Fund Committee                                  17 December 2019

(i)      Selkirk Common Good Fund                             18 December 2019

(j)      Planning & Building Standards                           13 January 2020

(k)     Standards                                                           16 January 2020

 

(Please see separate Supplement containing the public Committee Minutes.)

 

Additional documents:

Minutes:

The Minutes of the following Committees had been circulated:-

 

Kelso Common Good Fund                                         19 November 2019

Chambers Institution Trust                                           20 November 2019

Peebles Common Good Fund                                     20 November 2019

Hawick Common Good Fund                                     26 November 2019

Planning & Building Standards                                    9 December 2019

Local Review Body                                                      16 December 2019

Pension Fund Board                                                    17 December 2019

Pension Fund Committee                                            17 December 2019

Selkirk Common Good Fund                                      18 December 2019

Planning & Building Standards                                    13 January 2020

Standards                                                                     16 January 2020

 

DECISION

APPROVED the Minutes listed above subject to paragraph 5 below.

5.

Committee Minute Recommendation pdf icon PDF 50 KB

Consider the recommendation made by Hawick Common Good Fund Sub-Committee at their meeting on 26 November 2019.  (Copy attached.)

Minutes:

There had been circulated copies of a recommendation made by the Hawick Common Good Fund Sub-Committee at their meeting on 26 November 2019 regarding the future funding of the Hawick Reivers Festival.  The Convener ruled this recommendation as not competent on the grounds that such a recommendation had budget implications and was out-with the remit of the Sub-Committee.  The Leader advised that Officers would work with the festival organisers to help them identify other sources of funding.

 

DECISION

NOTED.

 

6.

Response to the Consultation by on the Scottish Government on the Replacement of the European Structural Funds in Scotland Post EU-Exit pdf icon PDF 137 KB

Consider report by Chief Executive.  (Copy attached.)

Additional documents:

Minutes:

There had been circulated copies of a report by the Chief Executive seeking approval for the proposed response to the consultation by the Scottish Government on the replacement of the European Structural Funds in Scotland post EU Exit.  The report explained that on 5 November 2019 the Scottish Government released a consultation paper aimed at providing input into its policy dialogue with UK Government on the development of a new funding instrument. This would be the UK Shared Prosperity Fund, which had been previously announced by the UK Government as its replacement for European Union Structural Funds (i.e. European Regional Development Fund and European Social Fund). European Structural Funds were an important source of funding to support economic development and training. The deadline for responses to the consultation was 12 February 2020. The Scottish Government had indicated that its consultation excluded European funding such as LEADER, Fisheries etc. which would be handled separately.  The proposed response, contained in Appendix 1 to the report, indicated that the UK Shared Prosperity Fund should focus on tacking regional economic inequalities with the aim of improving economic cohesion across Scotland and the UK. NUTS 2 regions should be used to identify regions of intervention as they provided a geography with consistent regional economic data and were strategic enough to address the different economic challenges which were experienced across Scotland and the UK. This regional geography included the new Southern Scotland NUTS 2 statistical area which was officially recognised in 2017. The Southern Scotland NUTS 2 area comprised the local authority areas of Dumfries and Galloway, Scottish Borders, South Ayrshire, East Ayrshire, North Ayrshire (excluding Arran and the Cumbraes) and South Lanarkshire. To recognise relative prosperity the measure of Gross Value Added (GVA) per head should be used as this provided a measure of productivity and income produced in regions.  The Southern Scotland NUTS 2 area had the lowest GVA per head of all the NUTS 2 regions in Scotland and the UK.  Recently released economic statistics showed that this had been the case for the past 20 years, but had been masked because of the inclusion of its geography in wider city based NUTS 2 areas. The lack of recognition of Southern Scotland as a NUTS 2 region had meant that the area had been unable to access significant amounts of monies from the EU Structural Funds.  Members thanked officers for their work on this complex subject.

 

DECISION

AGREEDto submit the response to the Scottish Government’s consultation on Replacement of the European Structural Funds in Scotland Post EU-Exit, as set out in Appendix 1 to the report.

 

7.

Draft Supplementary Planning Guidance: Tweedbank - Vision for Growth Sustainability pdf icon PDF 148 KB

Consider report by Executive Director.  (Copy attached.)

Additional documents:

Minutes:

There had been circulated copies of a report by the Executive Director seeking approval for Draft Supplementary Planning Guidance as a basis for public consultation.  The report explained that a 34ha site was allocated within the Council’s adopted Local Development Plan (LDP) 2016 to the north of Tweedbank for mixed use development which included housing and business uses.  The site was incorporated into the LDP as part of Supplementary Guidance (SG) on Housing, as required by the Planning and Environmental Appeals Division of the Scottish Government following Examination of the LDP.   The Housing SG had been approved by the Council and was cleared by Scottish Ministers in November 2017.  The LDP stipulated the requirement for Supplementary Planning Guidance (SPG) to be provided for the site.  The purpose of the SPG was to give greater clarity on measures to achieve a satisfactory development on the site.  This included identifying site constraints to be addressed, the identification of zones for specific uses, indicative housing densities for the residential zones, a possible area for a care home facility, placemaking and design guidance and a pre-application checklist.  A draft version of the SPG was attached as Appendix A to the report.  Once approved the Draft SPG would be subject to public consultation for a period of 12 weeks giving the opportunity for any third parties to make any representations on the proposals within it.   This would include holding a public exhibition in the Tweedbank Community Centre.  At the conclusion of the consultation period all consultation responses and any proposed consequential amendments to the Draft SPG would be reported to the Planning and Building Standards Committee for their review and comment. Thereafter a summary of the representations received, the proposed amendments, and any comments from the Planning & Building Standards Committee would be reported back to Scottish Borders Council.  Once approved by Council, the SPG would be a material consideration in guiding planning applications for the development of the site.  In considering the purchase of Lowood Estate Council agreed that all future strategic decisions relating to the Estate would be considered by Council. Consequently, the decisions regarding this SPG for Tweedbank required to be made by Council. Members supported the paper although there was some discussion on the timescale for development.  The need for a high quality development with a proper community feeling with an identifiable social focus was highlighted, along with the need for sustainable homes.

 

DECISION

AGREED:-

 

(a)     to approve the Draft Supplementary Planning Guidance, contained in Appendix A to the report, as a basis for public consultation;

 

(b)     that Members of the Planning and Buildings Standards Committee review responses received during the public consultation period and any proposed adjustments to the Supplementary Planning Guidance in advance of the item being reported to Council for final decision; and

 

(c)     to consider a future report setting out representations made during the consultation period, any proposed amendments to the draft document and any comments from the Planning & Building Standards Committee for  ...  view the full minutes text for item 7.

8.

Core Banking Services pdf icon PDF 119 KB

Consider report by Executive Director (Finance and Regulatory).  (Copy attached.)

Minutes:

There had been circulated copies of a report by the Executive Director (Finance and Regulatory) advising on the outcome of the recent collaborative procurement for core banking services and seeking delegated approval to implement a new contract for banking services.  The report explained that following the collaborative procurement exercise undertaken with City of Edinburgh Council, Fife Council and Edinburgh Leisure, the Royal Bank of Scotland had been awarded the contract to provide banking services to the 4 organisations for a period of up to 6 years.  The contract award and implementation would require a number of key documents to be completed to allow the transition from the Council’s current banking services provider, the Bank of Scotland, to be completed.

 

         DECISION

            AGREED to:-

 

(a)     note that the tender outcome had resulted in the Royal Bank of Scotland being awarded the contract; and

 

(b)     authorise the Executive Director, Finance & Regulatory, to implement the new banking contract in line with the Scheme of Delegation.

 

 

9.

CCTV Provision in the Scottish Borders pdf icon PDF 194 KB

Consider report by Service Director Assets and Infrastructure.  (Copy attached.)

Additional documents:

Minutes:

9.1    With reference to paragraph 4 of the Minute of 26 June 2019, there had been circulated copies of a report by the Service Director Assets and Infrastructure which provided details of the consultation process that took place in relation to Public Space Closed Circuit Television (CCTV) provision in the Scottish Borders.  The report provided information around the financial implications for renewing or replacing the current Public Space Closed Circuit Television (CCTV) provision in the Scottish Borders and detailed the 4 options which had been considered.  Members discussed the proposals in detail and were divided in their opinion regarding the responsibility for providing this service and whether it should be the Council, Police Scotland or a joint approach.  It was noted that although Police Scotland were supportive of CCTV provision they were not able to provide any financial input.  Members commented on a number of aspects including the benefits of making people feel safer and whether CCTV reduced crime or displaced it to areas where there was no coverage.  It was also noted that officers were happy to provide advice to any community which wished to provide CCTV in their area.

 

9.2    Councillor Bell, seconded by Councillor Laing, and following advice from Mr Robertson on the wording regarding the financial implications, moved as an amendment that the recommendations be amended to read as follows:-

 

        That Council

         (a)     Notes that the consultation process is now complete;

         (b)     Notes the financial implications of renewing or replacing the current Public Space CCTV provision in the Scottish Borders;

         (c)     Continues with its current policy of maintaining the current Public Space CCTV provision;

         (d)     Agrees to consider funding as part of the financial planning process to implement a phased replacement of the current systems in eight towns with an appropriate split of fixed and wireless technology; and

         (e)     Notes the requirement to budget for the Capital cost of this in future years.”

 

         Councillor Haslam, seconded by Councillor Edgar, moved the recommendations in the report.

 

         Councillor Penman moved that the vote be taken by roll call and this was unanimously approved.

 

          Roll Call Vote

 

Motion

Amendment

 

 

Councillor Aitchison

Councillor A. Anderson

Councillor Edgar

Councillor Bell

Councillor Fullarton

Councillor Drum

Councillor Greenwell

Councillor Laing

Councillor C. Hamilton

Councillor Marshall

Councillor S. Hamilton

Councillor McAteer

Councillor Haslam

Councillor Moffat

Councillor Jardine

Councillor Paterson

Councillor Mountford

Councillor Penman

Councillor Parker

Councillor Ramage

Councillor Richards

Councillor Robson

Councillor Rowley

Councillor H. Scott

Councillor S. Scott

Councillor Thornton-Nicol

Councillor Tatler

Councillor Turnbull

Councillor Weatherston

 

        

         The Motion was carried by 15 votes to 14.

 

         DECISION

         DECIDED to:-

 

         (a)      note that the consultation process was now complete;

 

          (b)     note the financial implications of renewing or replacing the current Public Space CCTV provision in the Scottish Borders;

 

          (c)     continue with the current policy of maintaining the current Public Space CCTV provision until it was beyond economic repair; and

 

          (d)     take no further future action.

 

10.

Motion by Councillor Weatherston

Consider Motion by Councillor Weatherston in the following terms:-

 

Following many complaints over several years from Sports groups and parents of children, Scottish Borders Council agrees to write to the Scottish Government requesting an addition to the Dog Fouling (Scotland Act) 2003 to create a new offence.  It is requested that it be made an offence for a person in charge of a dog to allow it to defecate at any time on a sports pitch or children’s play area.”

 

Minutes:

Councillor Weatherston, seconded by Councillor A. Anderson, moved the Motion as detailed on the agenda in the following terms:-

 

Following many complaints over several years from Sports groups and parents of children, Scottish Borders Council agrees to write to the Scottish Government requesting an addition to the Dog Fouling (Scotland Act) 2003 to create a new offence.  It is requested that it be made an offence for a person in charge of a dog to allow it to defecate at any time on a sports pitch or children’s play area.”

 

Councillor Weatherston spoke in support of his Motion which was unanimously supported.

 

DECISION

AGREED to approve the Motion as detailed above.

 

11.

Motion by Councillor Greenwell

Consider Motion by Councillor Greenwell in the following terms:-

 

That the Council call on COSLA to set up a policy forum specifically related to developing policies and policy adjustments aimed at supporting serving and former members of the Armed forces and their families in accordance with the commitments made by all local Authorities in support of the Armed forces Covenant.”   

 

Minutes:

Councillor Greenwell, seconded by Councillor H. Scott, moved the Motion as detailed on the agenda in the following terms:-

 

That the Council call on COSLA to set up a policy forum specifically related to developing policies and policy adjustments aimed at supporting serving and former members of the Armed forces and their families in accordance with the commitments made by all local Authorities in support of the Armed forces Covenant.”   

 

Councillor Greenwell spoke in support of his Motion which was unanimously supported.

 

DECISION

AGREED to approve the Motion as detailed above.

 

12.

Open Questions pdf icon PDF 79 KB

Minutes:

The questions submitted by Councillors McAteer, Paterson, Bell, Robson and A. Anderson were answered. 

 

DECISION

NOTED the replies as detailed in Appendix I to this Minute.

 

13.

Committee Membership

(a)     Consider replacement of Councillor Aitchison on the Planning & Building Standards Committee and the Local Review Body; and

 

(b)     Appointment of the Leader as the Interim Portfolio Holder for Transformation.

Minutes:

13.1   Planning & Building Standards Committee

          It was noted that Councillor Aitchison had resigned from the Planning and Building Standards Committee.  Councillor Haslam, seconded by Councillor Fullarton, moved that Councillor Richards be appointed.

 

13.2   Executive Member for Transformation

          Councillor Aitchison, seconded by Councillor Mountford, moved that Councillor Haslam be appointed as the interim Portfolio Holder for Transformation.

 

          DECISION

          AGREED that:-

 

          (a)     Councillor Richards be appointed to the Planning and Building Standards Committee with immediate effect; and

 

          (b)     Councillor Haslam be appointed as the interim Portfolio Holder for Transformation.

14.

Private Business

Before proceeding with the private business, the following motion should be approved:-

 

“That under Section 50A(4) 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 involve the likely disclosure of exempt information as defined in the relevant paragraphs of Part 1 of Schedule 7A to the aforementioned Act.”

Minutes:

DECISION

AGREED under Section 50A(4) of the Local Government (Scotland) Act 1973 to exclude the public from the meeting during consideration of the business detailed in Appendix II to this Minute on the grounds that it involved the likely disclosure of exempt information as defined in Paragraphs 1, 6, 8 and 9 of Part I of Schedule 7A to the Act.

 

      SUMMARY OF PRIVATE BUSINESS

 

15.

Minute

Consider private Section of Minute of Scottish Borders Council held on 19 December 2019.  (Copy attached.)

Minutes:

The private section of the Council Minute of 19 December 2019 was approved. 

16.

Committee Minutes

Consider private Sections of the Minutes of the following Committees:-

 

(a)     Chambers Institution Trust                                 20 November 2019

(b)     Hawick Common Good Fund                            26 November 2019

(c)     Pension Fund Board                                           17 December 2019

 

(Please see separate Supplement containing private Committee Minutes.)

Minutes:

The private sections of the Committee Minutes as detailed in paragraph4 of this Minute were approved.

17.

Committee Minute Recommendation

Consider recommendation by the Hawick Common Good Fund Sub-Committee at their meeting on 26 November 2019.  (Copy attached.)

Minutes:

Members approved recommendations from the Hawick Common Good Fund Sub-Committee relating to a grant to the Provost Council and an addition to their moveable assets inventory.

 

 

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