Agenda and minutes
Venue: via Microsoft Teams
Contact: William Mohieddeen Tel: 01835 826504; Email: william.mohieddeen@scotborders.gov.uk
Link: Live stream link
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Consultation on Heritable and Moveable Asset Registers for former Burgh of Hawick PDF 177 KB Consider Report by Principal Solicitor. (Copy attached.) Additional documents:
Minutes: 1.1
There had been circulated copies of a report by
Principal Solicitor seeking approval of the draft Common Good
Registers for the former Burgh of Eyemouth and to advise on the
next steps in the process for consultation and publication under
the Community Empowerment (Scotland) Act 2015. Following such approval, the list would be
published on Citizen Space, together with a consultation
survey. The intention was to publish
the consultation survey before the end of December
2021. In addition to the electronic
survey, the proposed lists of Common Good assets were to be
published on the Council’s website and paper copies were to
be made available, free of charge, on request. Notification advising of the publication of the
lists and the consultation period were to be made on the
Council’s website and social media. The Council was to make all of the Community
Councils and other community bodies aware of the publication of the
proposed Common Good Asset lists and invite those community bodies
and the public to make representations in respect of these
lists. The statutory minimum period for
consultation was twelve weeks. However,
it was suggested to extend this period until the start of April
2022. After the consultation period,
the Council was to publish all representations
received. The Common Good Fund
Sub-Committee would then reconvene to consider any representations
made, and to agree the finalised Asset Register. The finalised Asset Register would then be
published within six months from the end of the consultation
period. It was possible that following
this process, further assets may be identified as being Common
Good, and where that was the case, the Council would update the
Common Good Asset Registers. The
Registers would similarly be updated if existing property was
disposed of or reclassified. The
Council would also ensure that the Common Good Asset Registers were
reviewed on a regular basis, and at least every five
years. 1.2 The Principal Solicitor highlighted changes to the Common Good asset register to that which had been reported in previous Financial Monitoring Reports. The additional assets to the Hawick Common Good register were Buccleuch Bowling Club, Cross Wynd Car Park, Backbraes Woodland and the Common Haugh Public Toilet. In the case of the Common Haugh Public Toilet, it had previously been noted that the land on which this asset sits was Common Good land. However, it had not previously been noted that the building itself was a Common Good asset. In recognising now the principle of law that land and buildings could be owned separately, this building should properly be classified as part of the Common Good. In the case of the Cross Wynd Car Park, Buccleuch and Hawick Bowling Club (including Henderson Gardens) and Backbraes Woodland, these assets had not previously been identified as forming part of the Common Good. However, the bowling club was gifted to the Burgh by the Duke of Buccleuch in 1919 “for the benefit and enjoyment of the inhabitants of the said burgh for all time to come” ... view the full minutes text for item 1. |
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Urgent Business Minutes: Under Section 50B(4)(b) of the Local Government (Scotland) Act 1973, the Chairman 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.
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Property Update Minutes: 3.1 Mr
Scott advised Members that Common Good property had been impacted
by Storm Arwen. Homes at Pilmuir and St
Leonard’s were without power for four days. A large number of trees had been blown over and a
tree surgeon had been approached to ensure any works required would
be completed in time for Hawick Common Riding. A window had been blown in at St Leonard’s
Hut which needed repairs and the Volunteer Park stand roof was also
in need of repairs. Slates had been
damaged at Williestruther Cottage. Mr
Scott was unsure at present what costs might need to be met by the
Common Good Fund as the Council were to make a claim via the
Bellwin Scheme. 3.2 In reference to paragraph 10 of the Minute of the Meeting held on 23 November 2021, Mr Scott presented a draft proof of the warning sign to be erected at Williestruther Loch. It was clarified that two signs were to be erected on site. Members discussed the design of the sign, noting that being coloured in dark green would bring consistency with the identity of Hawick.
DECISION AGREED to: (a) Approve the wording of the Williestruther Loch warning signs; and
(b) That the signs be coloured in dark green.
Meeting concluded at 2.30pm.
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