Agenda and minutes

1.1     The Convener asked those present to observe a minutes silence for those currently involved in conflicts across the world and recorded the sympathy of the Council for all innocent victims.

1.2     The Convener paid tribute to the following:-

          (a)     the Domestic Abuse Advisory Service who had received accreditation from the SafeLives Charity, making them only the second group in Scotland to receive such accreditation;

          (b)     Councillor Greenwell for hosting a lunch for the Coldstream Town Twinning Association and Councillor Moffat for his work with this group; and

          (c)     Chief Inspector Vinnie Fisher who was moving to a new post with Police Scotland, thanked him for his work in the Borders and welcomed his replacement, Stuart Fletcher.

1.3     The Convener thanked Jenny Wilkinson and Louise McGeoch for their service to the Council over many years and presented them both with Border Reivers. 

          DECISION

          AGREED that congratulations be passed to those listed in paragraphs 1.2 and 1.3 above.

Consider Minute of Scottish Borders Council held on 28 September 2023 for approval and signing by the Convener.  (Copy attached.)

The Minute of the Meeting held on 28 September 2023 was considered. 

DECISION

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

Consider Minutes of the following Committees:-

(a)     Pension Fund                                                        8 August 2023

(b)     Local Review Body                                               14 August 2023

(c)     Peebles Common Good Fund                              23 August 2023

(d)     Eildon Area Partnership                                        7 September 2023

(e)     Peebles Common Good Fund                              11 September 2023

(f)      Jedburgh Common Good Fund                            11 September 2023

(g)     Executive                                                              12 September 2023

(h)     Teviot & Liddesdale Area Partnership                  12 September 2023

(i)      Galashiels Common Good Fund                          21 September 2023

(j)      Civic Government Licensing                                 22 September 2023

(k)     Pension Fund                                                        22 September 2023

(l)      Pension Board                                                      22 September 2023

(m)    Executive                                                              3 October 2023

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

The Minutes of the following Committees had been circulated:-

Pension Fund                                                        8 August 2023

Local Review Body                                               14 August 2023

Peebles Common Good Fund                              23 August 2023

Eildon Area Partnership                                        7 September 2023

Peebles Common Good Fund                              11 September 2023

Jedburgh Common Good Fund                            11 September 2023

Executive                                                              12 September 2023

Teviot & Liddesdale Area Partnership                  12 September 2023

Galashiels Common Good Fund                          21 September 2023

Civic Government Licensing                                 22 September 2023

Pension Fund                                                        22 September 2023

Pension Board                                                      22 September 2023

Executive                                                              3 October 2023

DECISION

APPROVED the Minutes listed above.

Consider report by Director Resilient Communities.  (Copy attached.)

There had been circulated copies of a report by the Director Resilient Communities summarising progress with the development of the business case for the reinstatement of the Borders Railway between Tweedbank and Carlisle and proposing the establishment of a Cross-party Working Group to oversee this work in line with the £10m funding commitment detailed in the Borderlands Inclusive Growth Deal.  The report explained that agreement had been reached with both Governments, DfT and TS that the next step was to progress the Strategic Business Case for the project, and that the £10m Deal commitment could be used to fully fund this work.  Agreement had also been reached that the £10m could be used to fund a Senior Project Manager, appointed by Scottish Borders Council on behalf of the Borderlands Partnership as Lead Partner for the project, to oversee the development of the business case and coordinate the team of internal and external professionals who would deliver this work.  This would include initially preparing a full project plan for completing the Full Business Case for the project, including associated feasibility studies, drawing on the £10m Growth Deal investment.  To support this work moving forward, and based on the previous governance model which oversaw the first phase of the Borders Railway feasibility work and business case development to successful completion, it was proposed to set up an internal Cross-party Working Group to oversee this work.  It was suggested that the membership of this working group includes representatives of each of the political groups of the Council, to ensure there is full visibility and oversight of this complex and high-profile project. Members supported the proposal.  In response to a question on the frequency of meetings, Mrs Craig advised that this would be agreed by the Group once established but would be varied depending on need at any given time.  Councillor Scott Hamilton proposed that the number of members be increased to 9 to allow full cross-party involvement and this was agreed.  It was further agreed that names would be submitted after the meeting.

DECISION

AGREED to:-

(a)     note the progress made by the Borderlands Partnership to agree the process for developing the business case for the Borders Railway extension project;

(b)     note the agreement made with UK and Scottish Governments to draw down the £10m commitment at key stages to fund this business case development work via the Borderlands deal;

(c)     approve the membership and remit of a Cross-party Working Group comprising 9 members to oversee this work, based on the previous governance model which successfully oversaw the Borders Railway Edinburgh to Tweedbank business case development, as outlined in the report; and

(d)     that the names of the Councillors to serve on the Working Group be submitted to the Director.

Consider report by Director Corporate Governance.  (Copy attached.)

There had been circulated copies of a report by the Director of Corporate Governance seeking approval for a Training and Development Policy for Elected Members, to support them in acquiring the skills and knowledge necessary to perform their wide-ranging roles and responsibilities as Elected Members.   The report explained that learning and development had a key role to play in ensuring all Elected Members had the necessary knowledge and skills to be highly effective and serve the Council and the Borders’ communities to the best of their ability.  Following on from the Induction Programme (May to November 2022), and in order to ensure support for all Elected Members to acquire or hone the skills and knowledge necessary to be highly effective and serve the Council and the Borders’ communities to the best of their abilities, a Training and Development Policy had now been developed and this was contained in Appendix 1 to the report.  The CPD Framework for Elected Members in Scottish Local Government had been developed by the Improvement Service and it was intended that this Framework, which covered 7 roles of Elected Members, would be used as the basis for developing a Personal Development Plan for each Elected Member.  The key stages in developing the CPD Framework for Elected Members were:

(a)     completion of an online survey which involved self-assessment against a range of suggested skills/behaviours;

(b)     to hold an individual meeting with Officers to develop a Personal Development Plan;

(c)     access to the Improvement Service CPD Framework Development Programme containing a range of development resources and other internal and external training and development opportunities; and

(d)     an individual annual CPD Framework review meeting to discuss progress.

Members supported the proposals and agreed it was important to keep developing their skills although capacity to undertake training was often an issue.  It was noted that Members had individual needs and that the plan would be tailored to fit these.

DECISION

AGREED:-

(a)     to approve the Elected Members’ Training and Development Policy detailed in Appendix 1 to the report; and

(b)     that the outcomes from the Members’ skills survey be used as a starting point to inform their future Personal Development Plans and training and development needs.

Consider report by Director Corporate Governance,  (Copy attached,)

There had been circulated copies of a report by the Director Corporate Governance seeking approval for a review of the current Polling Districts and Polling Places within the Scottish Borders Council Area to ensure that all electors in a constituency in the local authority area had such reasonable facilities for voting as practical in the circumstances and so far as was reasonable and practicable, every polling place for which the Council was responsible was accessible to electors who are disabled.  The report explained that the Electoral Registration and Administration Act 2013 set out the timing of reviews of UK Parliamentary polling districts and polling places.  The next compulsory review must be completed by 31 January 2025.  Although there were no scheduled elections it was important to note that the next general election must take place by January 2025.  It is also important to keep polling districts and polling places up-to-date in preparation for any unexpected electoral events.  The timescale was set to allow any changes to be made in advance of the next General Election and the report set out how the review will be undertaken and the timescales for achieving Council approval.  In response to a question about the possibility of RAAC in some halls and the lack of expertise of those who managed them, the Director Infrastructure and Environment confirmed he could provide assistance if required.  The availability of the questionnaire in paper form was also raised and it was agreed that these could be provided.

DECISION

AGREED:-

(a)     the proposals and timescales for carrying out the review of Polling Districts and Polling Places, as detailed in the report; and

(b)     that a report on the outcome of the review be submitted to a meeting of Council as early as possible after the conclusion of the consultation period to allow any proposed amendments to be made in advance of the next General Election.

Consider Motion from Councillor Robson in the following terms:-

“That the Council commends the efforts of Rotarians world-wide to support the eradication of polio, in particular appreciates the contribution made by Rotary Borderlands (Passport Group) thereto, notes the dramatic success in cutting the numbers of those who are newly infected by 99%, but recognises the need for constant vigilance to ensure the disease does not recur and therefore welcomes the joint working locally between Rotarians and the Council’s Education Department in explaining the pain and suffering polio brings and the on-going work to end this threat to human health.”

Councillor Robson, seconded by Councillor Tatler moved approval of the following Motion as detailed on the agenda:-

“That the Council commends the efforts of Rotarians world-wide to support the eradication of polio, in particular appreciates the contribution made by Rotary Borderlands (Passport Group) thereto, notes the dramatic success in cutting the numbers of those who are newly infected by 99%, but recognises the need for constant vigilance to ensure the disease does not recur and therefore welcomes the joint working locally between Rotarians and the Council’s Education Department in explaining the pain and suffering polio brings and the on-going work to end this threat to human health.”

Councillors Robson and Tatler spoke in support of the Motion which was unanimously approved.

DECISION

AGREED to approve the Motion as detailed above.

Consider Motion by Councillor Pirone in following terms:-

“This council recognises the impact that "real term cuts" announced by Police Scotland could have on our communities across the Scottish Borders. Fifty million pounds of savings have to be found by our police force this year. We have around 147 officers across the Scottish Borders. It has become apparent that we need to accept this without additional support in the foreseeable future.

Still, we acknowledge that our hard-pressed officers do their best in challenging circumstances they are presented with now and in the future. We note, of course, that this council continues with plans to protect our communities with CCTV, which will help our officers. This council also notes that nationally, the police have had to accelerate the disposal of a further 30 police buildings, which could impact our communities.

This council directs our leader to urgently draft a letter to the Scottish Government, conveying concerns about the current police numbers and how these cuts will impact the Scottish Borders. We urge the Scottish Government to assess police resources and consider alternative community safety strategies without solely relying on the council for additional support.”

Councillor Pirone, seconded by Councillor Marshall moved approval of the following Motion as detailed on the agenda:-

“This council recognises the impact that "real term cuts" announced by Police Scotland could have on our communities across the Scottish Borders. Fifty million pounds of savings have to be found by our police force this year. We have around 147 officers across the Scottish Borders. It has become apparent that we need to accept this without additional support in the foreseeable future.

Still, we acknowledge that our hard-pressed officers do their best in challenging circumstances they are presented with now and in the future. We note, of course, that this council continues with plans to protect our communities with CCTV, which will help our officers. This council also notes that nationally, the police have had to accelerate the disposal of a further 30 police buildings, which could impact our communities.

This council directs our leader to urgently draft a letter to the Scottish Government, conveying concerns about the current police numbers and how these cuts will impact the Scottish Borders. We urge the Scottish Government to assess police resources and consider alternative community safety strategies without solely relying on the council for additional support.”

Councillors Pirone and Marshall spoke in support of the Motion which was unanimously approved.

DECISION

AGREED to approve the Motion as detailed above.

Consider Motion by Councillor Pirone on the following terms:-

“Scottish Borders Council recognises the importance of addressing anti-social behaviour among our young people in our communities and that we value positive youth engagement. We acknowledge the need for a safe environment that promotes the growth of our young residents.  We therefore ask the Chief Executive to bring a report to Council detailing what the Council is currently doing to address anti-social behaviour among our young people and if there is more we can do within the Scottish Borders in partnership with others.”

Councillor Pirone, seconded by Councillor C. Hamilton moved approval of the following Motion as detailed on the agenda:-

“Scottish Borders Council recognises the importance of addressing anti-social behaviour among our young people in our communities and that we value positive youth engagement. We acknowledge the need for a safe environment that promotes the growth of our young residents.  We therefore ask the Chief Executive to bring a report to Council detailing what the Council is currently doing to address anti-social behaviour among our young people and if there is more we can do within the Scottish Borders in partnership with others.”

Councillors Pirone and Hamilton spoke in support of the Motion which was unanimously approved.

DECISION

AGREED to approve the Motion as detailed above.

The questions submitted by Councillors Anderson, Thomson, Sinclair and Tatler were answered. 

DECISION

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

Consider question to the Executive Member for Estate Management and Planning from Mr Bell, Tweeddale East Ward:-

“Notwithstanding an overwhelming workload on our planning staff:-

Whilst wind-farm applications decided under the Electricity Act S36 are administered by the Energy Consents Unit [ECU], the relevant Planning Authority is a significant consultee.

As normal practice, other Planning Authorities report on all known external consultee responses, including from members of the public; helping Councillors decide based on best evidence.

SBC don't put public representations to such applications on the SBC website — indeed officers on occasion asserted that ".. third party representations are submitted direct to the ECU and it is for them to account for these matters. You will be aware that we have received a number of representations in relation to this application and I would remind members not to allow these representations to influence your decision making today."

By not taking into account important external consultee responses, our Councillors are potentially not appraised of the full picture of the representations; an approach that is certainly not "best practice" compared with other Planning Authorities.

When will Scottish Borders Council adopt best practice in respect of S36 applications?”

The following question was submitted by Mr Bell from the Tweeddale East Ward:-

“Notwithstanding an overwhelming workload on our planning staff:-

Whilst wind-farm applications decided under the Electricity Act S36 are administered by the Energy Consents Unit [ECU], the relevant Planning Authority is a significant consultee.

As normal practice, other Planning Authorities report on all known external consultee responses, including from members of the public; helping Councillors decide based on best evidence.

SBC don't put public representations to such applications on the SBC website — indeed officers on occasion asserted that ".. third party representations are submitted direct to the ECU and it is for them to account for these matters. You will be aware that we have received a number of representations in relation to this application and I would remind members not to allow these representations to influence your decision making today."

By not taking into account important external consultee responses, our Councillors are potentially not appraised of the full picture of the representations; an approach that is certainly not "best practice" compared with other Planning Authorities.

When will Scottish Borders Council adopt best practice in respect of S36 applications?” 

Councillor Mountford, Executive Member for Estate Management and Planning gave the following reply:-

“This is an issue that is raised from time to time as there is considerable misunderstanding of the Council’s roles in the determination of major wind farm proposals.

The first thing to emphasise is the Council is not the decision maker in these cases, nor are these proposals planning decisions in the sense that they are planning applications determined through the statutory process. 

Applications are made under Section 36 of the Electricity Act which covers any proposal with an electricity generating capacity of 15megawatts or more are made to the Scottish Government’s Energy Consents Unit for determination.  As a result and as part of the application process Scottish Borders Council is only a consultee.  The ECU consults the Council in its capacity as planning authority.  Our remit is to assess the proposal against development plan policies and make any technical assessments that it has responsibility for, such as landscape and visual impact, access, noise and the affect of these on residential amenity.  Our officers are well placed to advise on these matters and the Planning and Building Standards Committee has the final say.  Along with Community Councils and other interested third parties we then submit our view to the ECU, we are not, I emphasise, making a decision on the proposal.  The view being sought is that of the Council, not of anyone communicating with the Council, as these people and organisations have their own direct line of communication with the ECU.  It is not for the Council to duplicate that effort or responsibility.  Precisely because the ECU will address any representations directly in its capacity as decision maker.  We do, however, report where Community Councils have made comments and if Councillors wish to view these or any other comments they are able  ...  view the full minutes text for item 11.

Under Section 50B(4)(b) of the Local Government (Scotland) Act 1973, the Chair was of the opinion that the item dealt with in the following paragraph should be considered at the meeting as a matter of urgency, in view of the need to make an early decision or to keep Members informed.

The Director Finance and Procurement advised that on 17^th October 2023 the Council was notified that a freeze on Council Tax levels for 2024/25 was announced at the SNP conference.  Following the First Minister’s announcement the Council were now awaiting further information from the Scottish Government regarding the Council Tax freeze and implications for the financial settlement for 2024/25. While she had been told it would be fully funded, she did not have any detail on what that would mean. As Councillors were aware the Council was facing significant challenges for their budget process not least because UK inflation was today running at 6.7% per annum. Council tax was of course previously frozen between 2007/08 and 2016/17 and then again in 2021/22. It was now commonly understood that these freezes had had an ongoing impact on the Council Tax base across Scotland. It was understood that this base was significantly smaller (around £600m across Scotland) than it could have been, had the freeze not been put in place.  The gearing effect of the smaller tax base meant that each subsequent increase in Council Tax raised less income than would have been the case without the freeze – a revenue substitute into Revenue Grant at year one of a freeze still resulted in a long-term reduction.  Scottish Borders Council approved an indicative 5-year revenue financial plan each year.  The 2023/24 approved plan reflected an assumed increase in Council Tax of 4% for 2024/25, this equated to assumed additional income of £2.7m for the Council to support the delivery of Council services. It was helpful to understand that each 1% increase in the Council Tax provided just under £700,000 per year  to fund local services and of course the final decision regarding Council Tax levels might not have rested at that 4% figure.  Members thanked Mrs Douglas for the update and noted that meetings of the Budget Working Group would be starting soon and that it was likely to be their most challenging budget to date.

DECISION

NOTED the update.

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.”

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

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

(a)     Pension Fund Committee                                     8 August 2023

(b)     Peebles Common Good Fund                              23 August 2023

(c)     Peebles Common Good Fund                              11 September 2023

(d)     Executive                                                              12 September 2023

(e)     Galashiels Common Good Fund                          21 September 2023

(f)      Civic Government Licensing                                 22 September 2023

(g)     Pension Fund Committee                                     22 September 2023

(Please see separate Supplement containing private Committee Minutes.)

The private sections of the Committee Minutes as detailed in paragraph3 of this Minute were approved.

Consider report by Director Infrastructure and Environment.  (copy attached.)

Member agreed to continue the report by the Director Infrastructure and Environment to the next meeting in November to allow further information to be provided.