Agenda and minutes

Consider report by Principal Solicitor. (Copy attached.)

1.1       With reference to paragraph 3 of the Minute of the meeting held on 8 December 2021, there had been circulated copies of a report by the Principal Solicitor, which advised on the outcome of the recent consultation under the Community Empowerment (Scotland) Act 2015, and sought approval of the final Common Good Register for Selkirk.  The report explained that under the Community Empowerment (Scotland) Act 2015 the Council was required to establish and maintain a register of property which was held by the authority as part of the Common Good (“a Common Good Register”). Before establishing a Common Good Register, the Act required the Council to publish a list of property that it proposed to include in the Register and consult the public on this list. The Selkirk Common Good Sub-Committee approved the draft asset register in December 2021 and agreed to the commencement of the public consultation. The consultation ran from December 2021 to 31 March 2022.  The Sub Committee was required to consider the responses received to the consultation and approve the final register to be recommended to Council for publication. 

1.2     The Principal Solicitor, Mrs Hannah Macleod presented the report and highlighted that the Register was subject to a review on a five yearly basis.  Concerns held by the wider community were raised regarding disputed properties that had not been deemed to be owned by the Common Good, specifically the library, Governor’s house, municipal buildings and other industrial buildings.  Community Councillor King stressed that the Community of Selkirk had a legitimate desire to protect land/assets which were in dispute from future sale or disposal by the Council.  The Principal Solicitor advised that it was beyond the powers of the Sub-Committee to place a moratorium of sale on any of the disputed land/assets, and explained that in the event of the Council seeking to proceed with a sale, it would be for the Community to intervene via court action in the form of judicial review or declaratory action.   Mrs Macleod explained that the debate related to the disputed properties had been a point of contention for a considerable period of time, and was largely a matter of legal interpretation.  Both sides of the argument had sought independent legal advice, however the matter had not been subject to a decision by any court.  The Council had sought advice from Queen’s Counsel and the advice received had affirmed Officer’s decisions.  The exercise to establish the Registers was focused on considering new evidence which arose from the consultation process. No new evidence had been presented as it related to the disputed properties.  Mrs Macleod explained that in other instances of disputed assets it had been appropriate to list the land/asset as “under investigation”, however the various properties in dispute were no longer under investigation, as no new evidence had come to light.  Community Councillor King stressed that he, and the wider community, had very strong reservations about unresolved issues related to community assets which had not been deemed to be  ...  view the full minutes text for item 1.