Scottish Borders Council

Agenda and minutes

Venue: The Town Hall, The Square, Kelso

Contact: Fiona Henderson, Democratic Services Officer Tel: 01835826502  Email:

No. Item


Welcome and Introductions.


The Chairman welcomed everyone to the meeting.



Minute. pdf icon PDF 109 KB

Minute of Meeting of Cheviot Area Forum held on 14 September 2016 to be noted.  (Copy attached.)


There had been circulated copies of the Minute of the Meeting of the Cheviot Area Forum of 14 September 2016.


With reference to paragraph 11(b)(2) it was agreed that the minute be amended  to reflect that the cost of installation of the Bronze Panel was £2,524.00 not £680.00



AGREED to approve the Minute for signature by the Chairman, subject to the above amendment.



Community Empowerment (Scotland) Act 2015

Presentation by Communities & Partnerships Team.


Clare Malster, Communities and Partnerships Team, was in attendance to give a presentation on the Community Empowerment (Scotland) Act 2015.  In her introduction Ms Malster advised that although the Act, which was made up of 11 parts, received Royal Assent on 24 July 2015, it was recognised that further regulations and guidance were required for most parts of the legislation.  Part 2 was about Community Planning and more specifically local organisations working to benefit the local community.  This would be carried out through joint working, agreeing joint policies and making sure partners knew what each other was doing.  Community Planning Partners, who had a statutory duty, were the Scottish Fire and Rescue Service, Police Scotland, NHS Borders, Scottish Enterprise and Scottish Borders Council (SBC).  All these partners had the same statutory responsibility.  The Local Outcomes Improvement Plan (LOIP) replaced Single Outcome Agreements.  The LOIP would contain the outcomes for the Scottish Borders that were a priority for the Community Planning Partnership.  Appropriate community groups must be consulted when developing the LOIP.  Subject to the approval of Scottish Parliament the legislation would come into force on 20 December 2016.


Locality plans focused on smaller areas, one of these being Cheviot, and again appropriate community groups must be consulted.  Part 3 of the Act concerned Participation Requests. Ms Malster explained that a participation request was a request that could be made by a community participation body which believed it could improve the outcome of a service.   The request must be agreed unless there were reasonable grounds for refusal. It was hoped that this part of the Act would come into force in February/March 2017.   Part 4 of the Act dealt with Community Right to Buy.  Ms Malster explained that communities with populations over 10,000, would now be able to use community right to buy.   Part 5 of the Act was regarding Asset Transfer requests. Assets were land or buildings owned by public authorities.  Public authorities would be required to publish a register of their assets and Scottish Borders Council had published their register on their website. Ms Malster went on to explain that a group could request to buy or lease land from a public authority if it had a written constitution, was open to anyone in the community, was community led and was for the benefit of the community.  This part of the Act would come into force on 23 January 2017.  Part 8 of the Act was the requirement for all Councils to publish a list of all their Common Good properties, Councils would have to consult with community councils or other community groups before selling or changing the use of any of their common good properties.    Part 9 of the Act dealt with allotments. The Act set out a standard size of 250 square metres for an allotment and applications for allotments would be required to be submitted in writing.   Part 10 was in respect of public decision making.  This part of the Act would give Scottish Ministers the  ...  view the full minutes text for item 3.


Draft Support Guidance on Housing

Presentation by Lead Officer Plans and Research.



The other presentation of the evening was from Mr Charles Johnston, Principal Officer – Plans & Research, Environment and Infrastructure.   Mr Johnston began by stating that his presentation detailed the Council’s requirement for proposed housing sites to meet housing land requirements.  The Council had approved draft Supplementary Guidance (SG) identifying proposed sites on 10 November to go out for public consultation.     Mr Johnston advised that the Reporter from Scottish Government had identified a shortfall in housing in the Scottish Borders of 916 units.  He explained that the criteria set for housing land included that the development should be in keeping with the settlement and local area and that the required infrastructure was either committed or would be funded by the developer.  Five or more units were required for the site, developer interest, infrastructure issues, transport, and contamination assessment were also key considerations.  A call for sites had identified 113 sites which had been submitted from third parties; 165 sites had been assessed in total.  Stage 1 of the assessment of the site was the initial Red Amber Green (RAG) assessment which was against set criteria and this process had eliminated some sites.  Stage 2 was a detailed assessment of potential sites and consultation with internal and external parties.  Stage 3 was the identification of preferred and alternative sites.  The Reporter had now confirmed that 811 units were required in the Scottish Borders.  The units had been identified approximately as follows: 60% in the Central Borders, 20% in Berwickshire and 20% in Northern Scottish Borders. Mr Johnston further advised that finding new sites had been challenging and the process generated a range of opinions.  


Mr Johnston went on to discuss the sites which had been identified in the Cheviot area.  The first preferred site he discussed was at Tweed Court, Kelso.  The site had a 20 unit capacity, and a strong street frontage onto the existing street.  Another preferred site was at Nethershot with the capacity for 100 units. Access to this site would be through the adjoining site with the access to the longer term housing site safeguarded.  The former High School site had been identified as a preferred site, with a 50 unit capacity.  The existing building was a Main B listed building and demolition would only be considered if there were overriding, environmental, economic, social or practical reasons.  Alternative sites had been identified at Dick’s Croft in Ancrum, with the capacity for 60 units.  The site boundaries required extensive structural landscape planting to create a suitable definition to the edge of the buildings and the road bounding the site required to be widened for two way flow.  The other alternative site was at Hendersyde, Kelso which had capacity for 190 units, this site would be for development in the longer term.  


Mr Johnstone concluded his presentation by stating that the public consultation on the draft SG had begun and would end on 30 January 2017.  All responses would be considered by the Planning Policy and Access  ...  view the full minutes text for item 4.


Disabled Persons Parking Places TRO pdf icon PDF 163 KB

Consider report by Chief Officer, Roads.  (Copy attached.)


With reference to paragraph 29 of the Private Minute of the Cheviot Area Forum held on 1 April 2015, there had been circulated copies of a report by the Chief Officer, Roads  which proposed to amend the Scottish Borders Council (Disabled Persons Parking Places) Order 2015.  The report explained that since the original Order in 2015 a number of additional requests had been received, as well as bays which were no longer required and had been removed.  The report detailed the amendments within the Cheviot area as part of a region-wide Traffic Regulation Order (omitting those which were no longer required since the beginning of the consultation).  Ms S Elliott was in attendance and advised that since the TRO had been prepared and advertised, a number of disabled bays were now not required and had been removed.  These bays would not be include in the final TRO and were shown as struck off in the draft schedule shown in Appendix A to the report.  In answer to a question, Ms Elliot advised that bays were installed as advisory bays then the consultation with Members and neighbours was carried out.  However, bays were only refused on traffic management or road safety issues.  Officers were in the process of reviewing the consultation process and would email Members with details once the review had been completed.



AGREED to approve the amendment of disabled parking places in the Cheviot Area listed in Appendix A to the report (as amended by removals) to The Scottish Borders Council (Disabled Persons Parking Places) Order 2015. 



Speed Limit Review 2016 pdf icon PDF 298 KB

Consider report by Chief Officer, Roads.  (Copy attached.)


With reference to paragraph 9 of Minute of the Meeting of 4 February 2015, there had been circulated copies of a report by the Chief Officer, Roads which proposed to introduce a part time 20mph speed limit in the vicinity of the new High School on Angraflat Road, Kelso.   The report explained that as part of the construction of the new school, the introduction of the part-time speed limit was in the interest of road safety for children travelling to and from school. The report detailed the background to the proposal and financial implications.  Councillor Stewart asked for clarification on the reasons why the speed limit at Eastern & Western Ulston had not been included as part of the Speed Limit Review.   Ms Elliott advised that she would consult with the Road Safety & Traffic Management Team Leader for clarification and advise Members out with the meeting. 



          AGREED the amendment to The Scottish Borders Council (Various Streets, Kelso) (20mph Speed Limit) Order 2005 to include the sections of road shown in Appendix A and described in Appendix B to the report.



Police Force of Scotland - 'J' Division Spotlight. pdf icon PDF 93 KB

Update report by Police Inspector detailing ongoing work and initiatives in the Cheviot area. 



Inspector John Scott was present at the meeting to update the Cheviot Area Forum on performance, activities and issues across the Ward for the period up to 30 November 2016.  The Ward Plan Priorities for Jedburgh and District were highlighted as Drug Dealing and Misuse, Road Safety, Anti-Social Behaviour and Rural Crime.  During the reporting period, Inspector Scott advised that three individuals were charged with possessing controlled substances.  A 40 year old male was found in charge of a vehicle, which he had crashed on the Kelso to Maxton road.  The male had consumed alcohol and was also found to be in possession of a controlled substance.  He was charged with various road traffic offences and was kept in police custody for appearance the following day. Police Scotland would remain visible in the community to develop intelligence on people who dealt in and use controlled drugs.  Work with partners continued, combining education and enforcement strategies.  Intelligence from the public was crucial in relation to drug matters whether that was persons being in possession or persons dealing drugs,  Completely anonymous information could be left on Crimestoppers on 0800 555 111. 


In relation to Rural Thefts, a fire was reported at West Mains Farm, Ancrum.  This resulted in three large haystacks and tractor, with significant monetary value being totally destroyed.  This was only a week after a fire had been reported at the same farm, where a combine harvester and hay were destroyed.  Extensive enquiries were ongoing into both these incidents.


In terms of Road Safety, tragically a fatal accident occurred on the evening of Saturday 19 November 2016 on the A698 at Knowesouth.  There were two vehicles involved and the driver of one of the vehicles sustained fatal injuries.  Full traffic collision investigation was carried out in an effort to establish the cause of the accident and the information was still being analysed.  Discussions were ongoing between Police and Scottish Borders Council to explore whether any road improvements could be introduced at this location.  A number of road checks had been carried out during the reporting period, which resulted in one driver being given a warning for the anti-social use of a vehicle in Jedburgh.  A number of drivers had been charged with various road traffic offences following incidents or accidents over the last three months.   One person was charged with drink driving (in addition to the male who crashed a vehicle as mentioned above).  Five people were charged with careless driving.  One of these incidents involved a vehicle striking a motorbike and the motorcyclist sustaining a number of broken bones from which he should make a full recovery.  A driver of a Peter Hogg bus lost control of the bus while carrying passengers as it travelled down Canongate, swerving as it went, hitting a wall and another vehicle then continuing to travel towards Duck Row Bridge where it became partially impaled on the bridge parapet, almost landing in the Jed Water.   Extensive examination of the vehicle and inquiries  ...  view the full minutes text for item 7.


Scottish Fire & Rescue Service.

Update report detailing ongoing work and initiatives in the Cheviot Area.


Although not present at the meeting, Mr Matt Acton, Station Manager had circulated a report  informing the Cheviot Area Forum of Scottish Fire and Rescue Service activity since the last meeting on 14 September 2016.  The report detailed that during the period of the report there had been 4 House Fires (3 x accidental and 1 x deliberate), Fire – Open 10, occurrence of Special Services 8 and 31 unwanted Fire Alarm Signals.  In relation to partnership working, The Scottish Fire and Rescue Service (SFRS), Community Action Team (CAT) within the Scottish Borders core work centred on the on-going delivery of the SFRS Home Fire Safety Visit (HFSV) policy.  The team continued to expand its partnership working with key agencies including Police Scotland, Health, Social Care and Housing in order to focus on members of local communities at High Risk from fire and achieve outcomes in helping to reduce overall numbers of accidental dwelling fires. 


Fire preventionand protection activity over recent years had been key to reducing the number of fires, casualties and losses in Scotland thus minimising the economic and social impact of fire on communities.  The seasonal community safety calendar provided the catalyst for a number of initiatives and schemes throughout the calendar year.


Activity which was ongoing within the Cheviot Ward area included Scottish Fire and Rescue Service staff in all local stations providing Home Fire Safety Visits all year round.  The visits provided the householder with a home visit, focussing on identifying and reducing the risks of fire in the home. Smoke detectors with a 10-year battery life were provided as part of this free service; Firesharp was an initiative for Primary 6 pupils, providing face-to-face education within local Primary schools on matters of fire risk and prevention; The SFRS Safeguarding Policy and Procedure for Protection of Children and Adults at Risk of Harm was implemented to link into adult and child protection. The introduction of the policy had created closer ties with Social Services within Scottish Borders and ensured those people and families that fire crews identified as at risk were brought to the attention of Social Services and had resulted in joint visits to homes to reduce risk to those occupiers.  A strong partnership was being developed with the local Domestic Abuse Advocacy Service and involvement in MARAC (Multi Agency Risk Assessment Conference).  The Local Authority Liaison Officer (LALO) and Scottish Borders Station Manager for Prevention and Protection were fully involved in all local MARAC processes, attending the monthly conferences and all steering group meetings. 

Road Safety Community Action Team (CAT) had delivered road safety awareness to Borders College campus in Hawick and to secondary schools throughout the Scottish Borders with the support of the local whole time personnel from Galashiels and Hawick.  Fire Safety Audits provided a targeted examination of business premises and their relevant documents to ascertain how the premises were being managed regarding fire safety.  The enforcement officer also engaged with members of staff to confirm their level of fire  ...  view the full minutes text for item 8.


Engagement by NHS Borders Representative


As there was no representative present from NHS Borders, there was no update given.






Neighbourhood Small Schemes and Quality of Life pdf icon PDF 58 KB

Consider updates on previously approved Schemes.  (Appendices A and B attached)


Additional documents:


With reference to paragraph 8 of the Minute of 3 February 2016, there were circulated at the meeting copies of Appendices A and B which detailed the current position in terms of the Neighbourhood Small Schemes and Quality of Life Scheme previously approved.  The Area Neighbourhood Manager advised that the allocated budget (£56,628) for small schemes was available through Neighbourhood Services for the Cheviot Area in 2016/17.  There remained £14,128 for future schemes, although any budget remaining at the close of the financial year would be lost as there was no carry forward provision.  In addition, a budget of £31,072 was available for Quality of Life Schemes in the Cheviot Area in 2016/17.  It had previously been agreed that this budget would be split equally between Kelso and District and Jedburgh and District Wards.  There was a remaining budget of £8,563 in Kelso and District Ward and £8,719 in Jedburgh and District Ward for future schemes.    Mr Finnie was in attendance and advised that in respect of the Neighbourhood Small Scheme for Kelso and District the Spring bedding plants for Morebattle had been ordered and delivered.  In Jedburgh and District the repair and repainting of the railings at The Bountrees would be undertaken by the Criminal Justice Team in the Spring.   In St Boswells Village, three street name plates had been upgraded and a fourth was being manufactured.   At Eckford Cemetery the main gate had been painted for Remembrance Sunday, the railings and pedestrian gate would be repainted in the spring by the Criminal Justice Team.   With respect to the Quality of Life scheme, Mr Finnie further advised that the financial contribution to the Apple Press Project had been agreed and the transfer of funds to Lanton Community would be arranged in the near future.





the following new Neighbourhood Small Schemes agreed by e-mail:-


(1)                    Diamond Jubilee Tree in Bridge End Park, Kelso            £     60


(2)   Provision of 600 no. spring bedding plants for

       Morebattle in Bloom                                                                  £   130


(3)                    Repair/repaint railings at Bourtrees, Jedburgh               £1,619


(4)                    Re-lining of parking bays at the Glebe Car Park,

        Jedburgh                                                                                   £1,075


(5)                    Financial contribution towards Biodiversity project

        Ancrum CC & Biodiversity Group                                     £   210


(6)                    Upgrade Street Names Plates in St Boswells Village      £   590


(7)   Refurbish gates and railings at Eckford Cemetery         £    370


(8)   Installation of ramp at A68 Underpass, Jedburgh           £7,500


(9)   Reinstatement of damaged verge on A699 St Boswell

       Buccleuch Chase Jct.                                                         £1,941


(10)   Installation of additional lighting column on

         Riverside Walk, Jedburgh                                                  £1,260            


    to delegate authority to the Service Director Neighbourhood Services to allocate the funds for the current financial year to Neighbourhood Small Schemes, subject to consultation with and approval by all six members of the Cheviot Area Forum via email.


the following new Quality of Life Schemes previously approved by e-mail:-


    Diamond Jubilee Tree- Installation Plaque                         £     60


(2)    Contribution to upgrade Festive Lighting for

Kalewater Community Council                                            £   811


(3)   Contribution towards supply & install basketball

        posts etc. for St Boswells Primary  ...  view the full minutes text for item 10.


Proposed Public Holiday 2017 pdf icon PDF 38 KB

(Copy attached.)

Additional documents:


There had been circulated copies of the proposed local public holidays for 2017 in the Jedburgh and Kelso area.



AGREED to determine the Public Holidays for Jedburgh and Kelso as set out in Appendix A to this Minute.



Open Questions.

Opportunity for members of the public to raise any issues not included on the agenda.




            OPEN QUESTIONS

            There were no issues raised.







Community Council Spotlight.

Consider update on Skiprunningburn Flood Protection and matters of interest to Community Councils.



There were no issues raised.



NOTED the report.




Future Agenda Items


            The Chairman asked all present for future agendas items. 






Date of Next Meeting - Cheviot Area Forum.

The next meeting will be held on Wednesday, 1 February 2017 at 6.30 p.m. in Jedburgh (Venue to be confirmed).


The Chairman confirmed that the next meeting of the Cheviot Area Forum was scheduled for Wednesday, 1 February 2017 in Jedburgh.



NOTED the date of the next meeting of the Cheviot Area Forum and that the venue was to be confirmed.





Scottish Borders Council

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