scottish borders council thursday, 29 august, 2019

146
SCOTTISH BORDERS COUNCIL THURSDAY, 29 AUGUST, 2019 Please find attached the Public Minutes in respect of Item 6 on the agenda for the above meeting 6. Committee Minutes (Pages 3 - 146) 5 mins Consider Minutes of the following Committees:- (a) Hawick Common Good Fund 28 May 2019 (b) Teviot & Liddesdale Area Partnership 11 June 2019 (c) Selkirk Common Good Fund 12 June 2019 (d) Tweeddale Area Partnership 12 June 2019 (e) Pension Fund Committee 13 June 2019 (f) Pension Fund Board 13 June 2019 (g) Community Planning Strategic Board 13 June 2019 (h) Police, Fire & Rescue and Safer Communities Board 14 June 2019 (i) Local Review Body 17 June 2019 (j) Executive 18 June 2019 (k) Lauder Common Good Fund 19 June 2019 (l) William Hill Trust 19 June 2019 (m) Cheviot Area Partnership 19 June 2019 (n) Galashiels Sub-Committee 20 June 2019 (o) Civic Government Licensing 21 June 2019 (p) Audit & Scrutiny 25 June 2019 (q) Selkirk Common Good Fund 26 June 2019 (r) Eildon Area Partnership 27 June 2019 (s) Planning and Building Standards 1 July 2019 (t) Major Contracts Governance 3 July 2019 (u) Kelso Common Good Fund 10 July 2019 (v) Local Review Body 15 July 2019 (w) Civic Government Licensing 19 July 2019 (x) Melrose Common Good Fund 31 July 2019 (y) Lauder Common Good Fund 31 July 2019 (z) Planning and Building Standards 5 August 2019 (aa) Jedburgh Common Good Fund 15 August 2019 (Copies attached.) Public Document Pack

Transcript of scottish borders council thursday, 29 august, 2019

SCOTTISH BORDERS COUNCILTHURSDAY, 29 AUGUST, 2019

Please find attached the Public Minutes in respect of Item 6 on the agenda for the above meeting

6. Committee Minutes (Pages 3 - 146) 5 mins

Consider Minutes of the following Committees:-

(a) Hawick Common Good Fund 28 May 2019(b) Teviot & Liddesdale Area Partnership 11 June 2019(c) Selkirk Common Good Fund 12 June 2019(d) Tweeddale Area Partnership 12 June 2019(e) Pension Fund Committee 13 June 2019(f) Pension Fund Board 13 June 2019(g) Community Planning Strategic Board 13 June 2019(h) Police, Fire & Rescue and Safer Communities

Board 14 June 2019(i) Local Review Body 17 June 2019(j) Executive 18 June 2019(k) Lauder Common Good Fund 19 June 2019(l) William Hill Trust 19 June 2019(m) Cheviot Area Partnership 19 June 2019(n) Galashiels Sub-Committee 20 June 2019(o) Civic Government Licensing 21 June 2019(p) Audit & Scrutiny 25 June 2019(q) Selkirk Common Good Fund 26 June 2019(r) Eildon Area Partnership 27 June 2019(s) Planning and Building Standards 1 July 2019(t) Major Contracts Governance 3 July 2019(u) Kelso Common Good Fund 10 July 2019(v) Local Review Body 15 July 2019(w) Civic Government Licensing 19 July 2019(x) Melrose Common Good Fund 31 July 2019(y) Lauder Common Good Fund 31 July 2019(z) Planning and Building Standards 5 August 2019(aa) Jedburgh Common Good Fund 15 August 2019

(Copies attached.)

Public Document Pack

This page is intentionally left blank

(a) Hawick Common Good Fund 28 May 2019(b) Teviot & Liddesdale Area Partnership 11 June 2019(c) Selkirk Common Good Fund 12 June 2019(d) Tweeddale Area Partnership 12 June 2019(e) Pension Fund Committee 13 June 2019(f) Pension Fund Board 13 June 2019(g) Community Planning Strategic Board 13 June 2019(h) Police, Fire & Rescue and Safer Communities

Board 14 June 2019(i) Local Review Body 17 June 2019(j) Executive 18 June 2019(k) Lauder Common Good Fund 19 June 2019(l) William Hill Trust 19 June 2019(m) Cheviot Area Partnership 19 June 2019(n) Galashiels Sub-Committee 20 June 2019(o) Civic Government Licensing 21 June 2019(p) Audit & Scrutiny 25 June 2019(q) Selkirk Common Good Fund 26 June 2019(r) Eildon Area Partnership 27 June 2019(s) Planning and Building Standards 1 July 2019(t) Major Contracts Governance 3 July 2019(u) Kelso Common Good Fund 10 July 2019(v) Local Review Body 15 July 2019(w) Civic Government Licensing 19 July 2019(x) Melrose Common Good Fund 31 July 2019(y) Lauder Common Good Fund 31 July 2019(z) Planning and Building Standards 5 August 2019(aa) Jedburgh Common Good Fund 15 August 2019

Page 3

Agenda Item 6

This page is intentionally left blank

SCOTTISH BORDERS COUNCILHAWICK COMMON GOOD FUND SUB-COMMITTEE

MINUTES of Meeting of the HAWICK COMMON GOOD FUND SUB-COMMITTEE held in Lesser Hall, Town Hall, Hawick on Tuesday, 28 May 2019 at 4.00 pm

Present:-

Apologies:

Councillors: G Turnbull (Chairman), S Marshall, W McAteer, C Ramage, N RichardsMrs A Knight (Burnfoot Community Council) and Mr G Marshall (Hawick Community Council).Councillor D Paterson.

In Attendance:- Pensions and Investments Manager, Managing Solicitor, Property Officer (F Scott), Democratic Services Officer (J Turnbull).

1. ORDER OF BUSINESS The Chairman varied the order of business as shown on the agenda and the Minute reflects the order in which the items were considered at the meeting.

2. MINUTE There had been circulated copies of the Minute of the meeting held on 19 March 2019.

DECISIONAPPROVED the Minute of the Meeting held on 19 March 2019 for signature by the Chairman.

3. MATTERS ARISING FROM THE MINUTE With reference to paragraph of 8 of the Minute of 19 March 2019, it was noted that the request regarding ownership, had been for a definitive list of all Heritable Common Good assets. Mr Kirk explained that this work had been undertaken by the Council and he would endeavour to obtain a copy of the list. Mrs Robb added that the property portfolio, shown on the Monitoring report attached with the agenda, detailed all assets owned by Hawick Common Good. With reference to paragraph 4.2 of the Minute of 19 March, the Senior Project Manager, CPE Consultancy, would be asked to circulate a plan identifying the boundaries of Common Good land in relation to Hawick Flood Protection Scheme.

DECISIONAGREED:(a) To request that Managing Solicitor obtain and circulate the definitive list of

all Heritable Common Good assets; and(b) To request that Hawick Flood Protection Scheme’s Senior Project Manager

circulate a plan showing the boundaries of Hawick Common Good land.

4. APPLICATIONS FOR FINANCIAL ASSISTANCE 4.1 Town of a Thousand Trails

There had been circulated copies of an application for financial assistance from Town of a Thousand Trails requesting £15,000.00 to assist with the build and ongoing digital marketing of their online hub. Representatives from Town of a Thousand Trails were in attendance and circulated their Business Plan at the meeting. It was explained that the project was for the creation of an interactive online hub which would provide routes for all activities, abilities and social media marketing which would encourage visitors to the area and benefit the economy of Hawick and district. It was anticipated that the Hub would be

Page 5

operational in the summer of 2019. In response to questions it was advised that initial investment of £60,000.00 was required for start-up costs, with annual maintenance estimated at £22,000.00. By Year 2 it was expected that the Hub would be attracting income from advertising revenue, with a projection from Year 4 that it would be fully sustainable. It was noted that the organisation was considering setting up a social enterprise company, and that as well as online, activities would be promoted through local newspapers. The Sub-Committee congratulated the organisation on the project and agreed to award £15,000.00 to assist with the build and digital marketing costs of Town of a Thousand Trails. DECISION AGREED to award a grant of £15,000.00 to Town of a Thousand Trails to assist with the build and ongoing digital marketing of the online hub.

4.2 DECLARATION OF INTERESTMr Graham Marshall, Vice-Chair Hawick Community Council, declared an interest in the following item of business in terms of Section 5 of the Councillors Code of Conduct and left the table during the discussion.

4.3 Hawick Community Council There had been circulated copies of an application for financial assistance from Hawick Community Council requesting £3,000.00 towards the finance of bandstand entertainment in Wilton Lodge Park, Hawick.

DECISIONAGREED to award a grant of £3,000.00 to Hawick Community Council to assist with financing bandstand entertainment in Wilton Lodge Park, Hawick.

4.4 Hawick Golf ClubWith reference to the Private Minute of 19 March 2019, there had been circulated copies of an application for financial assistance from Hawick Golf Club requesting £3,000.00 towards the cost of urgent repairs required to the roof of their Clubhouse extension. The Hawick Golf Club Treasurer was in attendance and explained that through fundraising they had raised £2,000.00 towards the repairs, which were estimated to cost £8,000.00.

DECISIONAGREED to award a grant of £3,000.00 to Hawick Golf Club towards the cost of urgent roof repairs to their Clubhouse extension.

4.5 Will H Ogilvie Memorial TrustThere had been circulated copies of an application for financial assistance from the Will H Ogilvie Memorial Trust requesting £2,000.00 for a replacement memorial cairn at the top or Harden Glen. The application explained that the original bronze had been stolen in 2016. An exact replica had been created and would be unveiled, as a permanent memorial to the poet, on 17 August 2019, as the climax of the 150th anniversary celebrations. The bronze sculpture had been funded by the Trust. In response to a question, the Chairman of the Trust advised that the replacement bronze and cairn would be fully insured.

DECISIONAGREED to award a grant of £2,000.00 to the Will H Ogilvie Memorial Trust for the building of a replacement cairn.

4.6 Live Music HawickThere had been circulated copies of an application from Live Music Hawick towards marketing costs, leaflets and posters for the ‘Heart of Hawick Festival’. It was advised that an application to the Localities Bid Fund had also been submitted and if this was successful the Common Good grant would be reimbursed.

Page 6

DECISION(a) AGREED to award a grant of £1,000.00 to Live Music Hawick towards

marketing, leaflets and artists for the Heart of Hawick Music Festival.(b) NOTED that if Live Music Hawick’s Localities Bid Fund application was

successful, the £1,000.00 would be reimbursed to Hawick Common Good Fund.

URGENT ITEMUnder 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.

4.7 Hawick & Wilton Cricket ClubThere had been circulated copies of an application from Hawick and Wilton Cricket Club requesting a grant of £4,000.00 towards the running costs of their Party on the Pitch Family Fun Day on 10 August 2019. In response to a question regarding the costs associated with the hire of the pitch, the Sub-Committee was advised that as this was a Cricket Club event there would be no charge. Members noted that the Cricket Club had been granted a Public Entertainment Licence for the event and had applied for Public Liability Insurance. Following a discussion, the Sub-Committee agreed in principle to grant £4,000.00 towards the running costs of the event, providing that officers were satisfied that the Cricket Club could demonstrate it had appropriate governance arrangements in place and submitted a copy of their annual verified accounts. DECISIONAGREED in principle, to grant £4,000.00 to Hawick and Wilton Cricket Club towards the running costs of their Party on the Pitch Family Fun Day, providing the officers were satisfied that the Cricket Club could demonstrate appropriate governance arrangements and submitted annual verified accounts.

5. MONITORING REPORT FOR NINE MONTHS TO 31 MARCH 2019 With reference to paragraph 8 of the Minute of 19 March, there had been circulated copies of a report by the Chief Financial Officer providing details of the income and expenditure for the Hawick Good Fund Sub-Committee for the year 2018/19 including balance sheet values as at 31 March 2019 and proposed budget for 2019/2020. Appendix 1 to the report provided the actual income and expenditure position for 2018/19. This showed a projected surplus of £28,513.00 which varied from the projected surplus figure reported on 19 March 2019, due to additional backdated rental income for the Common Haugh as well as reduction in property costs. Appendix 2 provided a projected balance sheet value as at 31 March 2019 and showed a projected decrease in reserves of £6,447.00. Appendix 3 provided a breakdown of the property portfolio showing actual rental income for 2018/19 and actual property expenditure to 31 March 2019. Appendix 4 showed the value of the Kames Capital Investment Fund to 31 March 2019, the Pensions and Investments Manager, highlighted a return of +9.4 had been achieved since investment in February 2018. Mrs Robb advised that Kames Capital had been invited to present their Investment Fund to Members and encouraged their attendance.

DECISION(a) AGREED the proposed budget for 2019 /20 in Appendix 1 to the report.

(b) NOTED within the appendices to the report:-

(i) The actual income and expenditure for 2018/2019 in Appendix 1

(ii) The final balance sheet value as at 31 March 2019 in Appendix 2;

(iii) The summary of the property portfolio in Appendix 3; andPage 7

(iv) The current position of the Kames Capital Investment Fund in Appendix 4.

6. WILLIESTRUTHER LOCH - BOARDWALK With reference to paragraph 7 of the Minute of 17 June 2014 and paragraph 7 of the Minute 19 March 2019, there had been circulated copies of a letter from Hawick Community Council advising that Hawick Community Council were offering to gift the Williestruther Loch Boardwalk to Hawick Common Good Fund Sub-Committee as Hawick Community Council no longer had the resources to maintain or insure the boardwalk. Mr Kirk advised that in 2014, the Sub-Committee agreed to support Hawick Community Council’s project for a countryside walk around Williestruther Loch. However, no formal agreement had been entered into with the Community Council. Following discussion the Sub-Committee agreed to take on the responsibility of the Williestruther Loch Boardwalk and carry out all necessary inspection, maintenance and grass cutting works. The cost to be recharged to Hawick Common Good Fund. It was also requested that the Council’s insurance cover the Boardwalk – any additional amount required to be recharged to Hawick Common Good Fund. The boardwalk should also be included in the Common Good’s five year assessment for planned works.

DECISIONAGREED:(a) To request that the Council take on responsibility for the Williestruther

Boardwalk and carry out inspections, maintenance and grass cutting;(b) To request that the Council’s insurance cover the Boardwalk; and(c) That all costs associated with (a) and (b) above be recharged to Hawick

Common Good Fund.

7. JAMES WILSON STATUE With reference to paragraph 9 of the Minute of 19 March 2019 the Property Officer, Frank Scott, advised that the James Wilson Statue had been relocated to the side of the Heritage Hub. Repairs to the statue would be carried out when practical.

DECISIONNOTED:(a) The relocation of the James Wilson Statue to the Heritage Hub; and

(b) That required repairs would be completed.

8. PROPOSED CHARABANC CRASH MEMORIAL The Property Officer advised that Hawick Archaeological Society was erecting a memorial to the victims of the 1919 Charabanc crash. The memorial would be installed on the north banking of the public road at Burn flat roundabout. This site would not impede passers-by or utilities.

DECISIONNOTED the report.

9. PRIVATE BUSINESS 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 the Appendix to the Minute on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 6 of Part 1 of Schedule 7A of the Act.

SUMMARY OF PRIVATE BUSINESS

Page 8

10. PRIVATE MINUTE Members approved the Private Minute of the Hawick Common Good Fund Sub-Committee held on 19 March 2019.

11. SHOWMEN'S GUILD The Sub-Committee received a verbal report from representatives of the Showmen’s Guild.

12. HAWICK GOLF CLUB The Sub-Committee received a verbal request from Hawick Golf Club and agreed their rental payable to 1 October 2022.

13. ANNUAL PROPERTY INSPECTIONS The Sub-Committee discussed the recent property inspections and agreed maintenance works as advised by the Property Officer.

14. PROPERTY UPDATE The Sub-Committee received a verbal update from the Managing Solicitor and noted progress with the transfer of Hornshole.

15. DATE OF NEXT MEETING The next meeting of the Hawick Common Good Fund Sub Committee was scheduled to be held on Tuesday, 20 August 2019 at 4.00 pm.

The meeting concluded at 6.10 pm.

Page 9

This page is intentionally left blank

SCOTTISH BORDERS COUNCILTEVIOT AND LIDDESDALE AREA PARTNERSHIP

MINUTES of Meeting of the TEVIOT AND LIDDESDALE AREA PARTNERSHIP held in Hawick High School on Tuesday, 11 June 2019 at 6.30 pm

Present:-

Also present:-

Councillors M Richards (Chair), C Ramage, W McAteer and G Turnbull together with 24 representatives from Partner Organisations, Community Councils and members of the public.Councillor S Aitchison.

1. WELCOME AND INTRODUCTIONS Councillor Richards welcomed everyone to the Teviot and Liddesdale Area Partnership and thanked the Community Councils, Partners and local organisations for their attendance. He outlined the programme for the evening and introduced the speakers.

2. INSPIRE LEARNING 2.1 The Chairman extended a welcome to Catherine Thomson, Quality Improvement Officer,

who was in attendance to give a presentation on the Inspire Learning Programme, explaining how the programme would benefit all teachers and pupils across the Scottish Borders. Ms Thomson advised that the world was changing and technology was important in the way we communicated, lived and worked. It was therefore important that digital skills were brought into the classroom and that resources were available for young people to ensure they were digital citizens who could adapt to a changing environment. The Inspire Learning Programme was a key part of the Digital Learning Strategy which would transform teaching and learning in schools. It included the provision of iPads to all P6-S6 pupils and shared devices for P1-P5 pupils. The rationale was aimed at raising attainment and supporting equality and inclusion for all young people, with improved outcomes and success. Ms Thomson highlighted that it was not just the provision of iPads as a device, but was about the Pillars of Inspire Learning through: professional learning and teaching, strategic planning, correct infrastructure and environment, school clusters and school leaders. The Programme would enhance learning, teaching and assessment and there would be opportunities for employees, parents and young people to upskill and drive the programme forward. Young people would be able to make use of a high-quality, creative resource which would equip them to become more independent in learning and increase their employability skills. Ms Thomson went on to advise that partnership with CGI had brought knowledge of the wider IT marketplace and the Apple iPad had been chosen as the best value option.

2.2 Ms Thomson then introduced Ali Taylor, one of the trainers on the project. Ms Taylor explained that one of the tools on the iPads for teachers was ‘Classroom’ which allowed the teacher to view any iPad in the classroom permitting them to control lessons and give support to students when required. Volunteers then took part in an interactive exercise with the iPads taking photographs of angles in the room, which Ms Taylor then showed on the screen, demonstrating how lessons would be more interactive and how direct learning would be carried out in the classroom.

2.3 Ms Thomson concluded the presentation by discussing the iPad deployment programme which would commence on Monday 17 June in Selkirk and continue until Friday 28 June

Public Document Pack

Page 11

2019 to Hawick, Kelso, Berwickshire, Eyemouth, Earlston, Jedburgh, Peebles, Galashiels and Peebles. Pupil deployment would be August/December; Selkirk, Kelso and Hawick; January/March: Earlston, Peebles, Eyemouth; April June: Galashiels, Jedburgh, Berwickshire. Ms Thomson also clarified the next steps through the training plan for secondary schools, with the Apple teacher sign up and the digital learning strategy in place. The Inspire teams would include CGI and Apple and would allow secondment opportunities for teaching staff for two years with project teams, clusters and school leads, an executive board and an education strategic group. In response to a question, Ms Thomson advised that there would be a special area of their helpdesk dedicated to dealing with any issues, any problems identified would have a quick turnaround so there would be no lost opportunities. The Chairman thanked the speakers for their presentation and wished them well in the implementation of the project.

3. PUBLIC PLAY FACILITIES STRATEGY - TEVIOT AND LIDDESDALE 3.1 There had been circulated copies of a report by the Service Director Assets and

Infrastructure setting out guidance and recommendations for the Teviot and Liddesdale Area for future investment in Public Play facilities and proposals for the removal of obsolete play areas, agreed as part of the 2018/19 Capital Investment Plan and updated within the Capital Investment Plan 2019/20. The 2019/20 Capital Investment Plan had funding of £5.036m for investment within Outdoor Community Spaces over the 10 years. This presented a tremendous asset for communities, however also brought a maintenance burden, for which no additional revenue resources were being provided. As part of the original investment within the 2018/19 Capital Investment Plan, it was simultaneously agreed by Council to review the distribution of play equipment provision across play parks in the Borders which could: (1) inform decision making around future investment in communities; and (2) guide the rationalisation of obsolete play facilities which were deemed no longer fit for purpose, ensuring a cost neutral impact on established budgets with the Service. The programme of investment in play facilities aimed to improve community wellbeing and enhance activity levels for all ages with a beneficial impact on the health of the population. The programme of proposed projects across the Scottish Borders and an indicative timescale for delivery, was detailed in the report, for the period 2018/19 to 2022/23. The programme proposed a range of provision including Children’s Playparks, Pump bike/Skate tracks and Fitness/Youth Shelter provision as well as the rationalisation of obsolete equipment, where this was no longer fit for purpose. It was noted that the Pump Track at Wilton Lodge Park was £200,000 not £300,000 as detailed in the report.

3.2 The Neighbourhood Area Manager, Fraser Dunlop, explained that officers had undertaken an assessment of play value using the Fields in Trust Scoring criteria and taken into consideration the proximity of play areas to other play facilities and the planning history of sites. The evaluation had been undertaken to ensure that the Council retained and developed a network of valued, well equipped spaces for local communities. Where there was only one facility serving a community, this was retained and formed a consideration for future investment. Where there were lower value play facilities in areas of multiple provision, these were proposed for decommissioning to reduce the maintenance burden and focus investment to maximise value. In the Scottish Borders currently, the quantity of play provision was high per head of population, but the quality was very low (compared to national benchmarking) and this diminished the wider benefits of these facilities to communities. This programme of investment would address the challenge of balancing quantity against quality, ensuring optimal provision of play facilities across the network. As no additional revenue resources were being provided to support the long term management and maintenance of the new play parks being created, the removal of obsolete facilities was essential to ensure there was a cost neutral impact on established budgets with the service. Mr Dunlop highlighted that there were 243 play parks across the Scottish Borders of which 11, in the Teviot and Liddesdale area, had scored 20 or less in the Fields in Trust Scoring assessments. These play parks were proposed for decommissioning. A discussion was held and officers were asked how the strategy met the needs of all users, particular in rural areas, were there was no provision

Page 12

for adult facilities, which were free to use, and a lack of public transport to reach existing play parks? With regard to grants available for the provision of play facilities, Mr Dunlop gave examples of work undertaken by groups in Stow and Selkirk, explaining that alternative funding could be available to community groups for enhancing play parks and assistance would be given with regard to submission of funding applications. Mr Hedley added that community groups had to ensure future maintenance of play facilities to ensure sustainability. Regarding the timescale for closures, Mr Dunlop advised that no play facility would be decommissioned until the appropriate investment in new facilities in the locality had been completed. However, Wilton Lodge Park play area had been completed and decommissioning of obsolete play facilities in Teviot and Liddesdale was programmed for the coming winter months. Denholm and Burnfoot community councillors raised child safety concerns as the alternative playparks in their respective areas meant children crossing busy main roads. Mr Hedley and Mr Dunlop would discuss with both community councils out with the meeting. With regard to developers’ play areas required by planning permission, Mr Hedley explained that the Council had ceased adopting these areas in 2005. However, if they predated 2005 the Council were still responsible; this issue would be the subject of a report to Council in the near future. The Chairman thanked Mr Dunlop and Mr Hedley for their report and the feedback from communities in the Teviot and Liddesdale area.

4. FEEDBACK FROM MEETING ON 16 APRIL 2109 The Minute of the Meeting of the Teviot and Liddesdale Area Partnership held on 16 April 2019 had been circulated along with a summary of the discussion, which was also available online. It was requested that the draft Locality Plan included a section on renewable energy and reference renewable alternatives, electric vehicles and electric charging points.

5. RURAL TRANSPORT: AREA PARTNERSHIP PRIORITIES Those present at the Area Partnership meeting then split into groups to discuss specific rural transport related issues and priorities to be raised at the planned rural transport conference to be held on 28 June 2019. The flyer for the conference was circulated at the meeting. The transport related discussion document was attached as an appendix to the minute. Outcome from the conference would reported at the next meeting.

6. DRAFT LOCALITY PLAN It was noted that this item would be deferred to the next meeting.

7. NOMINATION FOR SBC ELECTED MEMBER FOR COMMUNITY COUNCIL SCHEME REVIEW WORKING GROUP The Chairman advised that nominations were required for the SBC elected member for the Community Council Scheme Review Working Group. Councillor McAteer was nominated by Councillor Richards and seconded by Councillor Turnbull. Councillor McAteer was happy to accept and asked community councillors to contact him with any issues they wished raised.

8. TEVIOT AND LIDDESDALE COMMUNITY FUND 2019-20 APPLICATIONS 8.1 Gillian Jardine, gave an update on the Community Fund referring to the flow diagram on

the discussion tables. Ms Jardine explained that an application would be assessed and officers would make a recommendation to either proceed to Area Partnership for approval; to hold until further information received; or that the application would not progress any further. If the application was agreed at the Area Partnership meeting, an award letter and payment would be processed in accordance with the terms and conditions along with a monitoring and evaluation form for completion at the end of the project. With regard to the funding available, Ms Jardine explained that non-constituted groups could bid up to £5,000.00, the maximum for constituted groups was £10,000.00. Six to eight weeks was required for consideration of any application. Ms Smith added that in the case of an equality of votes, the Chair would have the casting vote.

Page 13

8.2 Ms Smith explained that owing to an issue with the online voting process, the deadline for return of postal ballots had been extended to 14 June 2019. The successful projects would be announced in June/July 2019.

8.3 It was noted that a consultation on community funding would be undertaking during the summer.

9. OPEN FORUM 9.1 Councillor McAteer asked that that consideration be given to the scheduling of Area

Partnerships to avoid conflicting with community council meetings.

9.2 Southdean Community Council requested that there be no changes to the SBCCN grant allocation.

9.3 Councillor Turnbull requested a review of car parking arrangements within the Civic Space area in Hawick to establish if there were parking bays that could be made available for short-term parking and residents, especially overnight.

9.4 There was a discussion on public conveniences and there was an enquiry as to the income generated from the new charging policy.

10. DATE OF NEXT MEETING The next meeting of the Teviot and Liddesdale Area Partnership was scheduled for Tuesday, 17 September – venue to be agreed. Councillor Richards thanked all those who had attended the meeting for their participation and input.

The meeting concluded at 8.20 pm.

Page 14

Teviot & Liddesdale Area Partnership

Transport related discussion output to date

Issues:

Impact of roadworks on businesses

Poor transport corridors – North, South, East and West

Road deterioration – HGVs, bridges etc

People need to travel for learning but cost of travelling is expensive

Transport to BGH is rare and expensive

People didn’t use the small bus scheme transporting people to the BGH

Lack of transport to Langholm High School for young people in Newcastleton

Transport needs to be improved for housing in the countryside

Solutions

Improved communication between SBC and D&G (roadworks etc)

Extension of railway line will draw people in to the area

Litter bins needed in laybys

Future technologies – ie electric vehicles

Parking on Hawick High Street needs to be policed as cars parked all day

Development of cycle pathways

Page 5

Minute Item 5

Page 15

Rural Transport Discussion Points Comments Suggestions

Rural bus network How could rural bus networks better meet the needs of users? What role could technology have in providing a better service? Examples of good rural networks?

What is the need in the area for public transport? Connectivity is a real issue – very difficult to travel from A-B-C Review possibility of smaller buses being used to pick up passengers and transport them to main buses What is the sustainability of initiatives Who would need to invest in IT Infrastructure? The number of people using the feeder bus services has dropped due to the certainty of whether there will be space for them on the X95.

Ask Border Buses what take up there is of local and borders wide routes and get feedback from passengers on what their transport needs are. Could set up passenger groups using IT platforms to plan journeys/ use of local transport. Online booking system could drive/determine what size of transport is needed for the journey ie a taxi, small bus etc. Use of technology/smart bus signs that show when next bus is due/minutes to wait Flexibility in school service to go further than just as ‘far as the last pupil’s stop.’

Community transport Examples or ideas of flexible and innovative community transport solutions? Could communities play more of a role in providing transport solutions / opportunities? Are there other transport schemes we could learn from?

Post buses provided transport opportunities- could they be re-instated? Yorkshire community transport model Liability can make community transport difficult Is there sustainability of funded transport programmes Pembroke Association of Community Transport Pacto Dial a bus G Bike scheme- more funding required- use windfarm money? There is community operated transport in Newcastleton

Use smart boards in shops to inform people when the next bus is. NHS scheduling could be more flexible to group patient appointments based on where they live.

Page 6

Page 16

Community transport undertook 31,000 passenger journeys in the Borders last year. Need to expand the consultation to a wider audience – not just current users but also those that want to use passenger transport but can’t (for whatever reason) inc. school children. It should be a CPP consultation (not just SBC). Frontline staff can engage with their clients.

Other transport solutions What role could the new SBC E-Car club scheme & other car club schemes, and South of Scotland Economic Partnership, play in improving transport opportunities in the area?

Car clubs could be set up but what liability of transporting people as a community scheme? Need a facility for people to share what journey they need to make and ask for a car scheme share E Car club to be routed on to rural areas? Explore energy points Scotland model. Not enough charging points in rural locations

Is there any opportunities from businesses driving in the area to carry passengers Encourage incentives for sharing cars to work, using cycle schemes etc Base e-cars at village halls, community could establish a pool of volunteer drivers. Private bus companies could take (paying) passengers on the first and last journeys of the day i.e. outward and inward journey from/to the depot.

Page 7

Page 17

This page is intentionally left blank

Page 18

SCOTTISH BORDERS COUNCILSELKIRK COMMON GOOD FUND SUB COMMITTEE

MINUTE of Meeting of the SELKIRK COMMON GOOD FUND SUB COMMITTEE held in Committee Room 1, Council Headquarters, Newtown St Boswells. TD6 0SA on Wednesday, 12 June 2019 at 3.00 pm

Present:- Councillors G. Edgar (Chairman), C. Penman and Community Councillor T. Combe

Apologies:- Councillor E. Thornton-Nicol

In Attendance:- Treasury Business Partner (S. Halliday), Solicitor (J. Webster), Estates Surveyor (A. Scott), Democratic Services Officer (F. Walling).

One member of the public

1. ORDER OF BUSINESS The Chairman varied the order of business as shown on the agenda and the Minute reflects the order in which the items were considered at the meeting.

2. MINUTES 2.1 There had been circulated copies of the Minutes of 13 February 2019 and of the special

meeting of12 April 2019.

DECISION APPROVED the Minutes for signature by the Chairman.

2.2 With reference to paragraph 3.3 of the Minute of 12 April 2019, the Chairman asked Ms Scott for an update on the property matters listed. In response Ms Scott confirmed that the front of the Courthouse Coffee Shop had been painted as had the steps to the Town Hall and the railings at the Court House. The railings in front of the Coffee Shop were still to be painted. Following this painting work the Green Shed would receive attention. The Property Officer also had work in hand to look at the encroaching tree behind the shed and the state of the fence. Councillor Penman confirmed that the notice board at the Cross Keys had been erected.

DECISIONNOTED

3. FINANCIAL MONITORING REPORT FOR 12 MONTHS TO 31 MARCH 2019 There had been circulated copies of a report by the Chief Financial Officer providing the details of income and expenditure for the Selkirk Common Good Fund for the year 2018/19, including balance sheet values as at 31 March 2019 and proposed budget for 2019/20. Treasury Business Partner, Sara Halliday, highlighted the main points of the report. Appendix 1 to the report provided the actual income and expenditure for 2018/19. This showed a deficit of £36,625 for the year which was in line with the projected deficit figure reported at 13 February 2019 meeting. Rental income was under budget by £8,964 (due to the rent-free periods agreed for the Market Place properties), however this was off-set by an increase in dividends from Kames Investment along with lower than anticipated grant expenditure. Appendix 2 to the report provided balance sheet values as

Page 19

at 31 March 2019, showing a decrease in reserves of £103,266, and Appendix 3 gave a breakdown of the property portfolio showing rental income and property expenditure for 2018/19. The value of the Kames Capital Investment Fund to 31 March 2019 was shown in Appendix 4 to the report. The fund had a 3.86% unrealised gain in market value since investment, largely due to continued volatility in investment markets. Overall, however taking account of the income received the fund had achieved a return of +9.41% since investment in February 2018. With regard to cash balance Ms Halliday explained the reasons behind the negative balance of (£73,022) at the year end which was mainly due to a larger than forecast net movement on debtors and creditors. £40,000 of this movement related to the delay in receipt of cash from the March 2019 Kames disinvestment, which was received in April 2019 after the balance sheet date. Adjusting for timing movements, the underlying position was that the Common Good was £33,022 overdrawn with the Council at 31 March 2019. A further disinvestment of £40,000 was therefore recommended to repay this sum and return the common good to a cash surplus. In response to a question about moveable assets owned by Selkirk Common Good Fund it was suggested that, from elected Members’ personal knowledge the list of moveable assets provided within Appendix 3 was incomplete. It was noted that all the assets were listed when the Town Hall was refurbished. Members asked Ms Webster and Ms Halliday to liaise with officers from Live Borders to update the list of assets and to ascertain their present whereabouts.

DECISION

(a) NOTED within the appendices to the report:-

(i) the actual income and expenditure for 2018/19 in Appendix 1;

(ii) the final balance sheet value as at 31 March 2019 in Appendix 2;

(iii) the summary of the property portfolio in Appendix 3; and

(iv) the current position of the Kames Capital investment Fund in Appendix 4.

(b) AGREED:-

(i) the proposed budget for 2019/20 as shown in Appendix 1 to the report; and

(ii) to approve the disinvestment of £40,000 from Kames Capital Investment.

4. APPLICATIONS FOR FINANCIAL ASSISTANCE 4.1 Souter Stormers

There had been circulated copies of an application for financial assistance on behalf of Souter Stormers. Within the application it was explained that the organisation, formed in 2015, provided the opportunity for people who knit or crochet to participate in community art projects using their skills and creativity. As well as learning and demonstrating their skills, participants enjoyed the fun, social interaction and recognition they got through being a Souter Yarn Stormer. Activities also involved local businesses, voluntary organisations and the schools, as well as bringing visitors to the town and valleys. The 2019 project was Border Bunnets, a knitted and crocheted themed hat festival (7th – 14th Sept.), with contributions being sought from across the Borders and beyond. There had already been overseas interest in Border Bunnets. Activities would include street art and displays; displays in shop windows; a pop-up shop and town trail; activities for local children and young people, who were also contributing to the displays; a themed hat competition and culminating in a celebratory Mad Hatters Tea Party at The Haining. A list of the costs for which the application was being made was given, the total of which was

Page 20

£1,502. The estimated total cost of the project was £5,200. Funds had already been raised by the organisation and a grant had been received from the SBC Community Grant Scheme. In discussion of the application Members were enthusiastic in their support for Souter Stormers and agreed to grant the funding request in full. DECISIONAGREED to grant to Souter Stormers the total sum requested of £1,502.

4.2 Selkirk Rugby Football ClubThere had been circulated copies of an application for financial assistance on behalf of Selkirk Rugby Football Club (SRFC). It was explained that SRFC currently played in National One of the Scottish Rugby Championships and were being promoted to the Premiership for season 2019/20. As well as running two senior teams, Philiphaugh hosted many events such as Triathlons, Selkirk Common Riding, First Aid Courses, Fitness Groups, Running Events and Mountain Biking. The School Teams and Selkirk Youth Club also benefited from the facilities. A sum of £5,000 was requested towards the cost of a new Grass Cutter, the total cost being £6,000 plus VAT. Club funds and money raised from various functions and gate receipts would be used to fund the difference. Keeping the ground well maintained would encourage more groups to use the facilities and ensure the community of Selkirk continued to be proud of the facilities offered. In discussing the application members recognised the importance to the town of the Rugby Club and the facilities at Philiphaugh.

DECISIONAGREED to grant to Selkirk Rugby Football Club the total sum requested of £5,000.

4.3 Scottish Borders Walking FestivalThere had been circulated copies of an application from Selkirk & District Community Council on behalf of the Selkirk and the Valleys Walking Festival Group for financial assistance towards the 25th Scottish Borders Walking Festival, which was being held in Selkirk and The Ettrick & Yarrow Valleys in September 2019. It was explained that the Festival aimed to provide guided walks of varying lengths and levels of difficulty for visitors and locals to explore the surrounding area. It was anticipated that the Festival would bring up to 200 walkers to the town with the associated spend on accommodation, food and entertainment to the benefit of local businesses. The Festival also promoted the local area via the website and Social Media pages beyond the actual dates of the event itself. A grant of up to £1,000 was requested for website development, regarded as a vital tool for promotion, marketing and online bookings. The estimated total cost of organising the festival was £9,675. A budget forecast was attached which detailed expected income from walks and donations including contributions from Selkirk Community Council and Ettrick & Yarrow Community Council. Members agreed to support the application.

DECISIONAGREED to grant to Selkirk Community Council the total sum requested of £1,000, to be ring fenced as a contribution towards organisation of the 25th Scottish Borders Walking Festival being held in Selkirk and the valleys of Ettrick & Yarrow.

4.4 Selkirk Ex-Soldiers AssociationThere had been circulated copies of an application from Selkirk Ex-Soldiers Association for financial assistance towards the purchase and installation of a new bench at Bemersyde Crescent. Photographs of the current bench and proposed replacement bench were also included. It was explained that, as well as offering a contact for veterans and their families, the Ex-Soldiers were actively engaged in supporting the local community to improve the area for all. The current bench at Bemersyde Crescent was installed in 2010 as a gift to the people of Selkirk to commemorate the 100th anniversary of the formation of Selkirk Ex-Soldiers Association and was now beyond economical repair through fair wear and tear. The estimated total cost of the purchase and installation

Page 21

of the new bench was £1,300. The balance of the funds required would be raised by the Associations own efforts. Members were in support of the application.

DECISIONAGREED to grant to Selkirk Ex-Soldiers Association the total sum requested of £400 towards the purchase and installation of a new bench at Bemersyde Crescent.

5. PROPERTY 5.1 Court House windows

A quote was being obtained for replacement frames and mesh to cover the windows at the rear of the Court House which had been subject to vandalism. Members agreed to this work being carried out.

5.2 Selkirk HillWith reference to paragraph 4.1 of the Minute of 13 February 2091, discussions with the adjoining landowner regarding repairs to the march dyke on Selkirk Hill revealed that sections of the dyke were not high enough to contain stock. A compromise would be sought which would involve the erection of posts and a wire to ensure the boundary was stock proof. The Chairman asked for the lease for grazing on Selkirk Hill to be re-addressed as the vegetation growth was not being sufficiently kept back. Ms Scott agreed to look at the details of the grazing lease and ensure compliance from the tenant.

5.3 Bridge on track from Buxton – GreenheadWith reference to paragraph 3.2 of the Minute of 12 December 2018, Ms Scott had received quotes for work to bring the bridge back into a safe state of repair. Members were keen for this work to be implemented.

5.4 Shooting leasesThe shooting leases had expired. Members agreed to extend these to the current holder who had expressed the wish to continue.

5.5 Shawburn Toll and EmbankmentThe consultation, for ideas to tidy up the area, was underway. Ms Scott would bring an update of the responses to the next meeting.

5.6 Maintenance plan for Smedheugh, South Common and Linglie Farms.Ms Scott advised that she would bring a 5 year budget plan for maintenance of the three farms to the next meeting.

DECISION

(a) NOTED the update.

(b) AGREED that the matters identified above be taken forward by the Estates Surveyor.

6. ITEMS LIKELY TO BE TAKEN IN PRIVATE DECISIONAGREED 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 the Appendix to this Minute on the grounds that it involved the likely disclosure of exempt information as defined in Paragraphs 6 and 9 of Part I of Schedule 7A to the Act.

PRIVATE BUSINESS7. MINUTES

The private sections of the Minutes of 13 February 2019 and the special meeting of 12 April 2019 were approved.

Page 22

8. PROPERTY The Estates Surveyor gave a verbal update.

The meeting concluded at 4.05 pm

Page 23

This page is intentionally left blank

MINUTE of Meeting of the TWEEDDALE AREA PARTNERSHIP held at Peebles High School on Wednesday, 12 June 2019 at 7.00 pm

Present:- Councillors R. Tatler (Chairman), H. Anderson, S. Bell, K. Chapman, S. Haslam, E. Small and 52 Partner representatives, Community Councillors, officers and members of the public.

In Attendance:- Service Director Customer and Communities, Communities and Partnership Manager, Strategic Community Engagement Officer, Neighbourhood Operations Manager, Democratic Services Team Leader.

1. WELCOME AND INTRODUCTIONS The Chairman, Councillor Tatler, welcomed everyone to the meeting of the Tweeddale Area Partnership and outlined the programme for the evening.

2. INSPIRE LEARNING Inspire Learning Consultant, Andrew Jewell, was in attendance to give a presentation on the Inspire Learning Programme being implemented by Scottish Borders Council, which would transform teaching and learning in schools to the benefit of all pupils and teachers. A key part of the Digital Learning Strategy, the programme was a £16m investment in a world-class digital learning environment for all pupils. It included plans for Apple iPads to be provided to all P6-S6 pupils and shared devices at a ratio of one for every five P1-P5 pupils. Mr Jewell, gave a practical demonstrate of how the iPads could be used in the classroom. Volunteers were invited to join in a mock classroom interactive exercise using the iPads provided on the tables. Mr Jewell explained how teachers could maintain control through the facility to lock and unlock the iPads and demonstrated how they would be able to view any iPad in the class, project work onto a screen and provide instant feedback. The iPads allowed teachers and parents to view live examples of pupils work and provide useful and timely feedback. In response to questions regarding the upskilling of teachers, Mr Jewell advised that it was essential that teachers felt supported and highlighted the various types of support and training which would be available. Mr Fagan, Depute Headteacher at Peebles High School advised that there would be ring-fenced development time to ensure that teachers were fully prepared. Questions on why iPads were chosen and the ability of school infrastructure including the ability of the Wi-Fi to cope were also answered.

3. PROVISION OF OUTDOOR COMMUNITY SPACES 3.1 There had been circulated copies of a report by the Service Director Assets &

Infrastructure setting out guidance and recommendations for the Tweeddale Area for future investment in Public Play facilities and proposals for the removal of obsolete play areas. The proposals referred to were agreed as part of the Council’s 2018/19 Capital Investment Plan and updated within the Capital Investment Plan of 2019/20. The Neighbourhood Operations Manager, Jason Hedley, was in attendance at the meeting to present the report and to ask for feedback from communities on the proposals. Mr Hedley explained that the 2019/20 Capital Investment Plan had funding of £5.036m for investment within Outdoor Community Spaces over the next 10 years. This presented a tremendous asset for communities, but also brought a maintenance burden, for which no additional revenue resources were being provided. As part of the original investment Page 25

within the 2018/19 Capital Investment Plan, it was simultaneously agreed by Council to review the distribution of play equipment provision across play parks in the Borders, which could:

inform decision making around future investment in communities; and guide the rationalisation of obsolete play facilities which were deemed no longer fit

for purpose, ensuring a cost neutral impact on established budgets with the service.

The removal of obsolete facilities was required to ensure there was a cost neutral impact on established budgets within the service.

3.2 Mr Hedley explained that the Scottish Borders currently had 243 play parks, including those located within schools, ranging from smaller local areas for play (LAPs) to strategic destination play parks. In comparison with other Local Authorities in Scotland who had similar characteristics, the Scottish Borders had significantly more play parks per head of population than the average; however, the average play value of the facilities (i.e. quality of provision) was significantly lower than the national average. In recent years a more significant level of investment in play across the Scottish Borders had been delivered through the Council’s capital programme supplemented by a range of different opportunities that have been realised by community led initiatives. These were shown in an appendix to the report and included, most recently, facilities in Wilton Lodge Park, Hawick and in the Public Park, Galashiels. The strategy was to now provide further additional high quality facilities in a range of other locations across the region. Alongside these strategic sites, the Council was committed to reviewing the wider network to ensure that local play provision continued to best serve communities. The review had considered Play Value (a standard assessment based on Fields in Trust criteria); In-house inspection; and proximity to other similar or better facilities. As a result of the assessment, 74 play parks had been identified as meeting the criteria for being decommissioned, of which elven were within the Tweeddale area and listed in the report.

3.3 Mr Hedley responded to questions and noted feedback from those present at the meeting and advised that he was happy to have further discussions with community councils. Councillor Bell proposed that the report be accepted subject to the requirement that the relevant officers engage with the communities to be affected and this was supported.

4. FEEDBACK FROM MEETING ON 27 MARCH 2019The Minute of the meeting of the Tweeddale Area Partnership held on 27 March 2019 had been circulated and the Chairman highlighted the main points raised.

5. RURAL TRANSPORT: AREA PARTNERSHIP PRIORITIESThe Communities and Partnership Manager, Shona Smith advised that a Rural Transport Conference was being held at Council Headquarters on 28 June. It was appreciated that not everyone would be able to attend so those present were to take part in a round table discussion so that their views and any specific rural related issues and priorities identified could be raised at the conference on behalf of the Tweeddale Area Partnership. A template to aid the discussion and on which points could be recorded were provided. Flyers for the conference were also placed on each table and Ms Smith encouraged people to register to attend.

6. OFF STREET PARKING IN PEEBLESThe Chairman proposed that a group be set up to review the current off street parking arrangements in Peebles and that if other Members supported this proposal a draft remit would be brought for approval to the next Area Partnership meeting. Members discussed the suggestion with input from those present and agreed that this proposal be considered further after Members had the opportunity to reflect on the outcome of the previous review and information relating to the number of parking spaces, the pattern of usage and the income gathered.

Page 26

7. NOMINATIONS FOR SBC ELECTED MEMBER FOR THE COMMUNITY COUNCIL SCHEME REVIEW WORKING GROUPNominations were invited for an Elected Member from the Tweeddale Area to join the Community Council Scheme Working Group. Councillor Chapman, seconded by Councillor Anderson, nominated Councillor Haslam and this was unanimously approved.

8. TWEEDDALE COMMUNITY FUND 2019-20 APPLICATIONS8.1 An explanation of the SBC’s Community Fund application process was included on the

tables. This was a fund available to community and voluntary groups to help support community activity. Grants of up to £5k for non-constituted group and £10k for constituted groups were available. In exceptional cases up to £30k was available for constituted groups. Applications submitted to SBC were assessed by the Communities and Partnership team and if they met the fund criteria, would go forward to Area Partnership meetings with an Officer recommendation. Assessments would be included in future agenda papers and those who attended the Area Partnership meetings would be asked if they agreed with the recommendation made by the SBC Officer. It was noted that where consensus could not be reached the Chairman would have the casting vote.

8.2 Tweedlove TrailsAn application from Tweedlove Trails for funding of £4500 had been circulated. This funding had been requested to fund a range of activities including a Pump Track and a Demo Fun Loop at the Transcend Bike Festival 2019 for younger people on a free or subsidised level. Those present agreed to support the application and that the funding be provided.

9. SMALL SCHEME PROJECTS 9.1 There had been circulated copies of a report by the Service Director Assets &

Infrastructure seeking approval from Members for delegated powers for future applications for small schemes projects. Members agreed that they would not grant such delegation and that all projects should be brought to Area Partnership meetings for approval, as had been the practice during the current Council term.

9.2 A list of projects was circulated and the Assistant Neighbourhoods Manager, Neil Pringle, provided details of each of the proposals and answered Members questions. The projects detailed in the table below were approved.

Location Proposal Estimated costBroughton Broughton in Bloom have requested an outside tap

at the Public Toilets – for their use when watering their bedding plants etc.

£385.00

Innerleithen Several requests for a further 8 bollards on various locations on Innerleithen Peebles Road, Innerleithen. 6 outside the Bank of Scotland cash machine and continuing the line at the West end of the street, also 2 just past the butchers.

£1800.00 x 6 at Bank £600.00 x 2 outside the Butchers

Clovenfords Caddonfoot Church - A mini screed measuring 7m x 3.2m from the main A707 road up the Church driveway, which would take in the cluster of potholes.

£1770.00

Innerleithen Supply materials and fix in place benches/seats in 2 bus stops in Innerleithen.

Approx. £350 per seat

Innerleithen Paint railings at east end of high street, Innerleithen including section on bridge.

£1488.00

Peebles Railings on Edinburgh Road, There is about 27M of railing that area unsafe and not fit for purpose. Repair and paint railings.

£2,167.44

Page 27

St Ronan’s Mark yellow lines on the Netball Pitch at St Ronan’s PS

£450.00

Peebles Drop kerb – Resident at 11 Drovers Way. EH45 9BN. A request for a drop-kerb on their drive on the basis that his daughter uses a wheelchair and it is difficult to bump over it. They currently use their neighbour’s path and drive to get on the main road at the top of their cul-de-sac.

£3,200(subject to attempts to reduce cost)

Newlands Cemetery

Purchase supply and the delivery of 25 tonne of 6mm whin chips to the drive at Newlands Cemetery. Volunteers will spread the chips.

£675.00

10. OPEN FORUMWith reference to paragraph 7.2 of the Minute of 27 March 2019, Councillor Anderson advised that PC Marker had provided information regarding the types of speed gun. There was a wide interest amongst Community Councils in the Tweeddale Area.

11. OTHER BUSINESSNo matters were raised.

12. DATES OF FUTURE MEETINGSIt was noted that the proposed dates were unsuitable for certain Community Councils and it was agreed that the dates be reviewed.

The meeting concluded at 8.55 pm

Page 28

SCOTTISH BORDERS COUNCILPENSION FUND COMMITTEE AND PENSION BOARD

MINUTES of Meeting of the PENSION FUND COMMITTEE AND PENSION BOARD held in Council Chamber, Council Headquarters, Newtown St Boswells on Thursday, 13 June 2019 at 10.00 am

Present:- Councillors D Parker (Chairman), J Brown, G Edgar, D Moffat, S Mountford, S Scott, Mr A Barclay, Mr M Drysdale, Ms T Dunthorne, Ms K M Hughes, Ms L Ross and Ms C Stewart.

Apologies:- Councillors C Hamilton, S Aitchison and Ms H RobertsonIn Attendance:- Pension and Investment Manager, HRSS Team Leader, Mr A Singh (KPMG),

Democratic Services Officer (J Turnbull).

1. MINUTE There had been circulated copies of the Minute of the Meeting of 7 March 2019

DECISIONNOTED for signature by the Chairman.

2. FUND STRATEGY STATEMENT AND STATEMENT OF INVESTMENT PRINCIPLES 2019 There had been circulated copies of a report by the Chief Financial Officer which proposed the revised Funding Strategy Statement (FSS) and Statement of Investment Principles (SIP) for 2019. The report explained that both these documents should be kept under review and be updated and approved annually in line with the Pension Fund’s business plan. This report discharged that requirement. The Pension Fund was required by the Local Government Pension Scheme (LGPS) Regulations to have an up-to-date Statement of Investment Principles and Funding Strategy Statement. Appendix A, to the report, contained the Funding Strategy Statement. Appendix B, to the report, contained the revised Statement of Investment Principles (SIP) for approval. Mrs Robb highlighted that the new Fund Actuary was Hymans Robertson, replacing Barnett Waddingham. Regarding the Fund’s investment strategy, she advised that the Fund had disinvested from Harris Associates and these funds were being invested with Macquarie Infrastructure Debt per the revised asset allocation approved in September 2018. In response to a question Mrs Robb advised that the employee contribution rate was set on the Actuary’s recommendation.

DECISIONAGREED(a) The funding strategy statement set out in Appendix A to the report; and

(b) The statement of investment principles set out in Appendix B to the report.

3. SCOTTISH BORDERS COUNCIL PENSION FUND INTERNAL AUDIT ANNUAL ASSURANCE REPORT 2018/19 There had been circulated copies of a report which presented that the Pension Fund Committee and the Pension Fund Board with the Internal Audit Annual Assurance Report for the year to 31 March 2019. The report included the Chief Officer Audit & Risk’s independent assurance opinion on the adequacy of the Scottish Borders Council Pension Page 29

Fund's overall control environment. The report explained that the Public Sector Internal Audit Standards (PSIAS) required that that the Chief Officer Audit & Risk provided an annual internal audit opinion and report on the independent assurance opinion on the adequacy and effectiveness of the Pension Fund’s governance, risk management and internal controls to support the preparation of the Pension Fund’s Annual Governance Statement. To meet the requirements of the PSIAS the Scottish Borders Council Pension Fund Internal Audit Annual Assurance Report 2018/19 included the Internal Audit annual opinion, provided details of the Internal Audit activity during the year to support the opinion, and stated the conformance of the Council’s Internal Audit service with the PSIAS. The Chief Officer Audit & Risk’s opinion was that, based on Internal Audit reviews and knowledge, the systems of internal control within the Scottish Borders Council Pension Fund were operating satisfactorily, and governance and risk management arrangements were effective. The independent assurance opinion had been used to inform the Pension Fund’s Annual Governance Statement 2018/19.

DECISIONNOTED the Scottish Borders Council Pension Fund Internal Audit Annual Assurance Report 2018/19.

4. GOVERNANCE POLICY AND COMPLIANCE STATEMENT 2018 There had been circulated copies of a report by the Chief Financial Officer which proposed the revised Governance Policy and Compliance Statement for the Scottish Borders Council Pension Fund (the Pension Fund) following implementation of the 2015 regulatory changes. The report also requested approval of the revised Governance Compliance Statement, included in Appendix B to the report, for inclusion in the Pension Fund’s Annual Report and Accounts 2018/19. The Governance Compliance Statement, included in Appendix B to the Policy, demonstrated that the Pension Fund was in full compliance with best practice guidance.

DECISIONAGREED the revised Governance Policy and Compliance Statement 2019 and the Governance Compliance Statement for inclusion in the Pension Fund Annual Report and Accounts 2018/19.

5. PENSION ADMINISTRATION PERFORMANCE 2018/19 There had been circulated copies of a report by the Service Director HR and Communications presenting the Pension Administration Performance 2018/19 and requesting the Committee’s approval for its inclusion in the Annual Report for the Fund. Appendix 1 to the report contained the Pension Administration Performance for 2018/19 as it would be included in the Fund’s Annual Report and Accounts. The report explained that during 2018/19 there had been a reduction in payments being made on time, the three payments that were late were all received within four working days of the due date. Performance had returned to the expected high standard after a challenging period in the previous year. The new staff members in the team had more experience in the complexities of Pensions legislation and Scottish Borders Council were again providing information in the expected timely manner. The Annual Benefit Statements had been issued in accordance with the 31 August deadline in all instances. There had been another successful Employer Liaison Meeting held during 2018/19 and this event would be held on an annual basis.

DECISION(a) NOTED the Pension Administration Performance for 2018/19 as set out

in Appendix 1, to the report.

(b) AGREED the inclusion of the Pension Administration Performance for 2018/19 in the Pension Fund Annual Report and Accounts 2018/19.

Page 30

6. TRAINING PLAN 2019/20 There had been circulated copies of a report by the Chief Financial Officer comparing the actual 2018/19 attendance for Pension Fund Committee and Pension Board members to the requirements detailed in the current Training Policy approved in June 2017. In line with this Policy, the Pension Fund agreed to undertake an annual Knowledge and Skills Self-Assessment to identify key areas for the future year’s training plan and the report proposed key areas of training for 2019/20. The Training Knowledge and Skills Assessment undertaken in April 2019 were summarised in Appendix 2 to the report. The proposed training areas for 2019/20 were detailed in the report, for approval. Members were strongly encouraged to actively participate in all training events to demonstrate their commitment to enhancing the governance of the Pension Fund and to support effective decision making. In response to a question regarding members who had not attended the required number of meetings, Mrs Robb advised that they had all been reminded of their responsibility to attend meetings and to undertake training as required. Mrs Robb further advised that the two new members were progressing completion of the Pension Regulators Trustees Toolkit.

DECISION(a) NOTED:

(i) The Training Policy in Appendix 1 to the report;

(ii) The outcome of the 2018/19 training programme and the attendance levels for training and meetings; and

(iii) The outcome of the Knowledge and Skills Self-Assessment for 2019/20.

(b) AGREED the training areas for 2019/20 set out in paragraph 6.2 of the report and that all members should prioritise attendance at training events wherever practicable.

7. BUSINESS PLAN 2019/20 - 2021/22 There had been circulated copies of a report proposing the Pension Fund Business Plan 2019/20 and 2021/22 be approved. Best practice suggested that having a Business Plan for the Pension Fund was a good way of demonstrating compliance with the “Myners Principle” relating to effective decision making. Appendix 1, to the report, contained the first Pension Fund Business Plan covering the period 2019/20 – 2022/22. The Business Plan 2019/20 – 2021/22 identified an Action Plan which would be delivered during the next three years to support the aims and objectives of the Pension Fund. Mrs Robb explained that the Action Plan included development of a Cessation Policy, reviewing the Fund’s tax position and investigating the fund participating in stock lending. DECISION AGREED the Pension Fund Business Plan 2019/20 – 2021/22 as set Appendix 1 to the report.

8. RISK REGISTER UPDATE With reference to paragraph 3 of the Minute of 7 March 2019, there had been circulated a report by the Chief Financial Officer which formed part of the risk review requirements and provided the Pension Fund Committee and Pension Board with a full register and proposed management actions to mitigate risks. Identifying and managing risk was a corner stone of effective management and was required under the Council’s Risk Management Policy and process guide and CIPFA’s guidance “Delivering Governance in Local Government Framework 2007”. It was further reflected and enhanced in the “Local Government Pension Scheme” published by CIPFA. A full risk workshop was undertaken on 15 April 2019 with officers from relevant departments reviewing and updating the full risk review. The output of which was shown in Appendix 1 to the report. In line with the Council’s Risk Management Policy (2018) a paper to be presented at the September 2019

Page 31

meeting would report progress on the management actions and present any new risks for consideration. In response to a question regarding the reduction in staff, Mrs Robb explained that there was a total membership of 10,961 with 4,376 active members. The Fund was 114% funded and able to meet its requirements. Regarding automatic enrolment, Mrs Green advised that the Council were required by law to automatically enrol employees into the scheme, they could opt-out but the majority chose to remain in the scheme.

DECISION AGREED:

(a) The updated Full Risk register as contained in Appendix 1, to the report; and

(b) That an update on progress of management actions be presented in September 2019.

9. BUDGET OUT-TURN TO 31 MARCH 2019 There had been circulated copies of a report providing the Pension Fund Committee and Pension Board with the budget out-turn position for the Pension Fund Budget to 31 March 2019. The Local Government Pension Scheme (Scotland) Regulation 2014 required administering authorities to ensure strong governance arrangements and set out standards they were to be measured against. To ensure the Fund met these standards the budget for 2018/19 was approved on 14 March 2018 following the standard presentation recommended by the CIPFA accounting guidelines. The report was the final quarterly report of the approved budget. The total expenditure to 31 March 2019 was £6.528m against a budget of £6.409m. The variance of £0.119m had resulted from increased manager fees, overtime within Pensions’ administration and procurement costs. The Committee and Board discussed the report and requested that as part of the review of HR Shared Services, cognizance was taken of pension administration resource requirements.

DECISION NOTED the actual expenditure against budget to 31 March 2019.

10. DRAFT ANNUAL REPORT AND ACCOUNTS 2018/19 There had been circulated copies of a report by the Chief Financial Officer presenting for consultation, the draft Annual Report and Accounts for the Pension Fund for 2018/19 prior to submission of the report to Audit & Scrutiny Committee and external auditors. The Local Government Pension Scheme Amendment (Scotland) Regulations 2010 specified the elements which must be contained in the Annual Report and Accounts, the list of these were contained in paragraph 4.1 of the report. The draft Report and Accounts, contained in Appendix 1 to the report, fully met these requirements. The draft Report and Accounts was still subject to statutory Audit, which would commence early July 2019. Following the statutory Audit process the final Report and Accounts would be circulated to the joint Committee and Board.

DECISION NOTED the Pension Fund Annual Report and Accounts 2018/19, contained in Appendix 1 to the report, prior to submission to Audit and Scrutiny Committee on the 25 June 2019 and the subsequent statutory audit process.

11. INFORMATION UPDATE 11.1 There had been circulated copies of a briefing paper by the Pension & Investment

Manager and HR Shared Services Team Leader providing Members with an update on a number of areas which were being monitored and where work was progressing. Full reports on individual actions would be tabled as decisions and actions were required. In summary:-

Page 32

11.2 GMP Reconciliation With reference to paragraph 5.2 of the Minute of 7 March 2019, the report advised that only 2% of fund members were still unreconciled.

11.3 Scheme Advisory BoardWith reference to paragraph 4 of the Minute of 7 March 2019, it was noted that the Scheme Advisory Board had met on 24 April 2019. However, there was no minute of the meeting available.

11.4 Plastics RI EngagementThe Fund was working with Strathclyde Pension Fund and GES to discuss and take forward opportunities for responsible investment around plastics. Mrs Robb advised that officers were increasing collaboratively working to share best practice. In response to a question, Mrs Robb advised that the Fund would not be disinvesting from companies but encouraging them to improve and consider ESG requirements. Further updates would be provided.

11.5 Training OpportunitiesIt was noted that COSLA was hosting a training event on 3 September 2019. Baillie Gifford’s Local Authority Training and Seminar event would take place on 9 – 10 October 2019. There were six places available and anyone interested should advise Mrs Robb by 26 June.

DECISION NOTED the information update.

12. ITEMS LIKELY TO BE TAKEN IN PRIVATE AGREED under Section 50A(4) of the Local Government (Scotland) Act 1973 to exclude the public from the meeting during consideration of the business contained in the following items on the ground that they involved the likely disclosure of exempt information as defined in paragraphs 6 and 8 of the part 1 of Schedule 7A to the Act.

SUMMARY OF PRIVATE BUSINESS

13. MINUTE The Committee noted the Private Minute of the meeting of 7 March 2019.

14. QUARTER INVESTMENT PERFORMANCE UPDATE The Committee considered a private report by KPMG.

15. INFRASTRUCTURE PERFORMANCE The Committee noted a private report by the Chief Financial Officer which updated on infrastructure investment made by the Fund under delegated authority.

The meeting concluded at 11.25 am.

Page 33

This page is intentionally left blank

SCOTTISH BORDERS COUNCILPENSION BOARD

MINUTES of Meeting of the PENSION BOARD held in Council Chamber, Council Headquarters, Newtown St Boswells on Thursday, 13 June 2019 at 11.30 am

Present:- Mr E Barclay (Chairman), Mr M Drysdale, Ms T Dunthorne, Ms K M Hughes, Ms L Ross. Ms C Stewart.

Apologies:- Councillor Aitchison and Ms H Robertson. In Attendance:- Pension & Investments Manager, Democratic Services Officer (J Turnbull)

1. MINUTE There had been circulated copies of the Minute of the Meeting of 30 November 2018

DECISIONNOTED for signature by the Chairman.

2. JOINT MEETING OF PENSION COMMITTEE AND PENSION BOARD 2.1 Mrs Robb highlighted that the one of the key roles for the Pension Board was to ensure

that they were satisfied that appropriate governance arrangements were in place. The joint meeting had received the annual accounts, which had shown it had been a positive year. Attendance and training had been raised as a concern and the Board were satisfied that appropriate actions had been put in place to address any issues with non-attendance.

2.2 The declining number of active members had been raised, Mrs Robb explained that the triannual valuation undertaken in 2017, showed that the Fund was 114% funded and the surplus would last for 25 years. Therefore, the Fund was able to meet its future liabilities. As the Fund matured, the investment strategy would change and would look towards income generating assets with inflation linkage. The next triannual valuation would take place in 2020 when there would be a review of rates again.

2.3 The Board discussed transparency of fees and Mrs Robb advised that she was progressing introducing benchmarking against similar LGPS’s to ensure that the fees charged were fair. Baillie Gifford had a flat rate fee and collaboration with Lothian Pension Fund had resulted in access to infrastructure assets without incurring fund to fund costs.

2.4 With regard to the take up of AVC Wise, Mrs Robb explained that feedback had been positive, although the application process would be simplified, with the fund selection restricted to 12 and include a succinct explanatory document.

DECISIONNOTED.

The meeting concluded at 11.50 am.

Page 35

This page is intentionally left blank

SCOTTISH BORDERS COMMUNITY PLANNING STRATEGIC BOARD

Date: 14 June 2018 @ 2pm

Location: Council Chamber, Scottish Borders Council, Council Headquarters, Newtown St Boswells

Attendees: Councillor Mark Rowley (SBC)[Chair], Councillor Sandy Aitchison, David Gordon (Waverley Housing - RSLs), Stephen Gourlay (Scottish Fire & Rescue Service), Alastair Hirst (Third Sector), Alistair McKinnon (Scottish Enterprise), Councillor Simon Mountford (SBHA - RSLs), Tim Patterson (NHS Borders), John Raine (NHS Borders), David Walker (Police Scotland).

Also present: Cllr Harry Scott; Mr C McGrath (Community Councils Network).

Also in attendance: Kathleen Glazik (Scottish Government); Julia Mulloy (SBHA); Colin Banks, Jenni Craig, Shona Smith, Jenny Wilkinson, Donna Manson, Gillian Jardine (all SBC).

1. APOLOGIES FOR ABSENCE. Apologies had been received from Andy Bruce (Scottish Government), Councillors Bell and McAteer (SBC), Marjorie Hume (Third Sector), and Tony Jakimciw (Borders College).

2. MINUTE The Minute of the previous meeting of the Strategic Board held on 23 November 2017 had been circulated.

DECISIONAPPROVED the Minute.

3. ACTION TRACKER The Board noted that there were no outstanding actions.

4. TRANSITIONS PROJECT 4.1 Robert Jamieson - SBC Social Work, and Gill Binnie – SBHA, gave a presentation on the

Transitions Project, which enabled a “whole system” approach to support young people leaving care with the transition to independence, with a broad spectrum of services working together for better outcomes. A care leaver was defined as a person aged 25 or under who had been looked after by a local authority for at least 13 weeks since the age of 14, and who ceased to be looked after on, or after, their sixteenth birthday, and were eligible for Aftercare. Details were given on some of the national context, including the negative impact of adverse childhood experiences (ACEs) on outcomes for young people. Currently over 200 young people were looked after/accommodated in the Scottish Borders, with that number increasing, as it was nationally. Mr Jamieson explained that the Transitions 16+ Project provided enhanced assessment, planning and support to care leavers across the Borders. The flagship project had 6 transitional flats at Albert Place, Galashiels – 4 occupied by young people with tenancies with SBHA, 1 flat as a staff flat (concierge staff employed by SBC with overnight provision cover, with their role mainly building management but also as support to the young people), and the other flat being

Page 37

used for training young people to test living on their own and how to deal with managing a home. SBHA provided a Tenancy Support worker to help the young people, who came from across the Borders, by establishing security on how they should work and live. It also helped young people develop positive relationships, provided support for health and wellbeing, which in turn allowed them to integrate back into their home communities more effectively. The project had been designed alongside young people, who were part of the Project Board, to ensure they were listened to and the project was something young people wanted. A You Tube clip (https://youtu.be/PBKji9L1rDE) was shown to the Board in which young people helped by the Transitions Project explained how it had benefited them.

4.2 Gill Binnie then explained how the Housing Options Protocol for Care Leavers operated by supporting young people leaving care into independent living. This recognised the vulnerability of young care leavers, and the challenges they faced moving into adulthood compared to other young people. The Protocol had been developed by SBC’s Throughcare/AfterCare Team and Homelessness Service, in partnership with the 4 main Registered Social Landlords (RSLs) in the Borders (BHA, EHA, SBHA and Waverley). Referrals were made following discussion of the care leaver’s housing needs at a Housing Options Panel meeting, and the Panel agreed the most appropriate housing, areas to be considered, and the type of tenancy to be offered i.e. Scottish Secure Tenancy (SST) or Short SST. Approximately 38 care leavers came through the Panel each year and of these, SBHA received 19 referrals, with 4 housed at the moment and referrals made to other RSLs. Over 300 care leavers had been supported over the life of the Transitions Project; 73 young people leaving care had been supported and moved into their own tenancy in the community; 161 had enhanced their employability skills either securing employment, work placement, volunteering opportunities and accessing further education. On average, the Project supported 55 care leavers at any one time.

4.3 In December 2017 a Big Lottery ‘Improving Lives’ application had been unsuccessful in light of the implementation of the Children and Young People (Scotland) Act 2014 (Continuing Care) which contained new statutory duties, as Big Lottery could only fund activity over and above statutory obligation. In February 2018, SBHA agreed to continue the secondment of the Tenancy Support Worker on a full-time basis to the Project and jointly fund with SBC the salary costs for the Housing Options Worker until 31 March 2019. No further funding was available to continue the role of the Employability Worker and this post came to an end in March 2018, with care leavers requiring employability support being referred instead to the mainstream Employability Support Service. Donna Manson, SBC Service Director Children and Young People, confirmed that she had had discussions with the Leader of the Council around the restrictions of innovation funding which could lead to young people losing options. This impacted not just care leavers but other young people whose parents asked them to leave their family home at aged 16. There was real feeling within the leadership that care should be in place in each locality in the Borders. There were homeless young people in the Borders as well as those with drugs, alcohol and/or mental health issues. Stability and mental health could deteriorate if a young person was not going to the same house each night i.e. ‘sofa surfing’. Board members discussed the need for data and evidence of vulnerable young people in rural areas, measuring unmet demand, and the funding required to tackle these issues.

Actions: AGREED – (a) the Clerk to the Council would circulate a copy of the Transitions Project

presentation to the Board;

(b) all partners would support as appropriate any future talks with Scottish Government on funding for the Transitions Project as well as how rural areas were funded to reduce inequality/poverty; and

(c) any data which could be useful for highlighting rural inequality/poverty would be forwarded by partners to SBC Service Director Children & Young People.

Page 38

5. COMMUNITY PLANNING 5.1 With reference to paragraph 4 of the Minute of 23 November 2017, there had been

circulated copies of the Community Plan and Action Plan. Jenni Craig, SBC Service Director Customer & Communities, advised that the Community Plan had first been published in November 2017, with a new approach comprising a vision, 4 themes, and 15 outcomes. Key measures, targets and actions to take forward these 15 outcomes were now drafted and included in the latest edition of the Community Plan. Good feedback had been received from the November workshop for all Community Planning partners and representatives, and it was hoped the next workshop would take place at the end of October 2018. The focus of the Joint Delivery Team recently had been on partnership working, leadership and resources. As intended, the Community Plan was being continually updated (May 2018) so it remained a dynamic document, with one outcome (More children, particularly those living in poverty, achieving higher levels of attainment) still requiring measures and targets. Partners commented on some information/statistics within the Plan and Alistair McKinnon, Scottish Enterprise, advised that in his opinion some information was misleading as the agricultural sector was not the mainstay of the Borders economy which the Plan seemed to be suggesting. Scottish Enterprise had fed back information to the Economy and Low Carbon Group and that had not been included.

5.2 With regard to governance, Ms Craig explained that the current Community Planning structure comprised a Board, Joint Delivery Team, 3 themed delivery teams and a number of partnership groups feeding in to that. With the change from the Single Outcome Agreement to the Community Plan, the Joint Delivery Team had had discussions on whether the current structure was still valid. To take actions forward in the best way, it was proposed that the Strategic Board remained as it was, the Joint Delivery Team changed to a Joint Programme Board with a number of Groups aligned to the 4 themes (Our Economy, Skills & Learning; Our Health, Care & Wellbeing; Our Quality of Life; and Our Place) instead of two of the existing themed delivery teams. It was further proposed that the Reducing Inequalities Group be retained as a cross-cutting group. This should prove to be a more effective way to take Community Planning forward and deliver on the actions within the Community Plan. In future, the delivery and performance of each theme would be reported to the Strategic Board, to allow progress to be monitored effectively. Members welcomed the change in the structure.

Action: AGREED – (a) to the proposals to change the Joint Delivery Team to a Programme Board, to

retain the Reducing Inequalities themed group as a cross-cutting group, and to replace the remaining two themed groups with groups aligned to the 4 themes of the Community Plan; and

(b) all partners would provide any comments/information on the content of the Community Plan, including details of any targets and measures to the SBC Communities and Partnership Manager.

6. AREA PARTNERSHIPS AND LOCALITY PLANS

With reference to paragraph 4.2 of the Minute of 7 September 2017, Jenni Craig, SBC Service Director Customer & Communities, gave an update on operation of the Area Partnerships and development of the Locality Plans. The Area Partnerships had been launched in January 2018, with each taking ownership of a Locality Plan. These Locality Plans were structured around the same themes as the Community Plan, and were each living documents which would be built and changed as required. There had been 3 cycles of meetings of the Area Partnerships to date, with the style of the meetings very much focussed on conversations and action planning rather than presentational. This was to try to make meetings more engaging so that people were encouraged to come along and sit round small tables and join in discussions. There had been some positive feedback from those who had attended meetings, although some felt that there was something lacking from the previous Area Forums. The Community Council network and some Community

Page 39

Councils had also provided comments, so a survey of all Community Councils was planned. There was a commitment to review Area Partnerships by summer 2019, but information for that review would start to be gathered from now. The meetings of the Area Partnerships (14 so far) had produced a lot of information and now actions needed to be developed to show how priorities would be taken forward. This should demonstrate that those people who had attended and contributed to the meetings were being listened to and involved in outcomes. There was a need to look at how best to encourage different groups to attend meetings e.g. young people, or if they were not attending meetings personally to be able to engage digitally. It was hoped that Locality Plans would be fully developed by the end of the year, with their content being brought to the planned Workshop in the autumn for all Community Planning partners, and then feeding up to the wider Community Plan. Councillor Aitchison commended the officers for their work in getting the Area Partnerships up and running. The aim of the Council was to try to change the whole way it communicated with communities, while accepting there was a need to change the perception of what the Council could and could not do. This was reflected in the Council’s new Corporate Plan and #yourpart. Colin McGrath, Chairman of the Community Councils Network, referred to some confusion between Community Planning Locality Plans and the Health & Social Care Locality Plans, and suggested that the Community Hubs for health and social care could also be used for Community Planning locality work. Shona Smith, SBC Communities & Partnership Manager, advised that the aspiration was to combine any partner locality plans into one Locality Plan for each area in future, with work already started with Police and Fire & Rescue local plans to do just that. Tim Patterson, Director of Public Health, commented that the big advantage in producing the Health and Social Care Locality Plans had been engaging all the expertise with the public, with good ideas coming forward. The Plan gave a framework in which to enter into dialogue with communities, and while there was some concern that it would not be possible to meet all expectations, it would also stop resources being spent on services people did not want.Noted.

Note: Alistair McKinnon left the meeting.

7. THIRD SECTOR INTERFACE REVIEW A briefing note by Marjorie Hume, Volunteer Centre Borders, had been circulated giving an update on the position of the Scottish Government’s Third Sector Interface (TSI) Review since December 2017. A letter had been received from Scottish Government in March 2018, advising that Evaluation Support Scotland would lead a project involving Scottish Government and the TSIs to develop an outcomes based agreement that would be in place for September 2018, for the start of the new grant period. This framework would also be the basis for new reporting arrangements that would allow TSIs to demonstrate impact. At a TSI senior managers meeting held in May 2018, TSIs had been advised that they should hear about funding by the end of June. Alastair Hirst, representing the Third Sector at the meeting, commented that no further information was available from Scottish Government and TSIs were waiting to find out more. It was clear that there would be changes but no clarity as yet on what these changes may be. One potential change was a longer term commitment, and a review of funding and how this was allocated.Noted.

8. DATES FOR FUTURE MEETINGS The dates for future meetings of the Board were considered.

Action: AGREED the dates for future meetings as follows – Thursday 13 September 2018 at 2pm Thursday 22 November 2018 at 2pm Thursday 7 March 2019 at 2pm Thursday 13 June 2019 at 2pm

Page 40

9. ANY OTHER BUSINESS Kathleen Glazik from Scottish Government gave details on the “Democracy Matters” consultation which had recently been launched by the Scottish Government as part of the Local Governance Review. The idea was for conversations with communities, with some funding available to communities who wished to lead conversations. The link to the local governance review, including the democracy matters consultation was - https://beta.gov.scot/policies/improving-public-services/local-governance-review/ Noted.

The meeting concluded at 3.50 pm

Page 41

This page is intentionally left blank

SCOTTISH BORDERS COUNCILPOLICE, FIRE & RESCUE AND SAFER COMMUNITIES BOARD

MINUTES of Meeting of the POLICE, FIRE & RESCUE AND SAFER COMMUNITIES BOARD held in Council Chamber, Council Headquarters, Newtown St Boswells on Friday, 14th June, 2019 at 9.30 am

Present:- Councillors H Scott, (Chairman), N. Richards, E Small. Mr M Dickson - NHS Borders, Mr H Coyle - Scottish Borders Housing Network and Ms M Simpson - Voluntary Sector

Apologies:- Councillors D Moffat, E Robson and G Turnbull. In Attendance:- DC Chief Superintendent J McKenzie, Chief Inspector S Reid, Inspector J

McGuigan Police Scotland; Local Senior Officer S Gourlay, Station Manager M Mitchell, Scottish Fire & Rescue Service; Mr C Bain, Senior Antisocial Behaviour Manager, Mr D Scott, Senior Policy Advisor, Ms S Smith, Communities and Partnership Manager and J Turnbull, Democratic Services Officer SBC.

1. WELCOME The Chairman welcomed Chief Superintendent John McKenzie to his first meeting and advised that Chief Superintendent Clark had retired. The Board extended their thanks to Chief Superintendent Clark and wished her well for the future The Chair then welcomed Henry Coyle, representing the Scottish Borders Housing Network (SBHN) and Colin Bain from the Council’s Safer Communities Team.

2. MINUTES There had been circulated copies of the Minute of the meeting held on 8 February 2019.

DECISION APPROVED the Minute.

3. MATTERS ARISING FROM THE MINUTE With reference to paragraph 3.2 of the Minute (Crucial Crew), the Senior Policy Advisor, Mr Scott, advised that the Council’s Corporate Management Team had endorsed the proposal to incorporate the Go Safe Scotland resource into the school curriculum.

DECISION NOTED.

4. PROGRESS REPORTS/UPDATES ON SERVICE MATTERS - POLICE SCOTLAND 4.1 Chief Superintendent McKenzie began his report by advising that he welcomed his new

role as area commander and working with the Board. His focus would be on violent crime, antisocial behaviour, protection of the most vulnerable and improving the quality of life for people within the Scottish Borders. He explained that there would be a number of challenges ahead, particularly in relation to missing persons and issues surrounding the misuse of alcohol, both of which would involve partnership working as these were not just policing issues. He welcomed the Board’s scrutiny function and going forward suggested

Page 43

providing more localised information to assist the Board. He advised that he was committed to the Community Action Team (CAT) and appreciated the provision of this valuable resource. With regard to deployment of the second CAT he explained that this was an additionality and therefore required the recruitment of further officers. The recruitment process could take three to six months. However, he anticipated the appointment of three officers by September, with the full complement of six by the end of 2019. He advised that Kenny McDonald had been appointed as the new Assistant Chief Constable for this area and would be engaging with Members in the next few weeks.

4.2 Chief Superintendent McKenzie went on to advise that he anticipated discussions with local authorities regarding a new Police Scotland contact assessment model, which was being piloted in Lanarkshire. Following evaluation, there was an indication that the model might be introduced within J Division by early January. He would bring back further detail following the pilot evaluation. He concluded his report by advising that the year would be challenging with a reduction of £200m from the policing budget nationally. However, Police Scotland would continue to provide a quality service to the Scottish Borders and J Division.

4.3 Chief Inspector Stuart Reid then presented Police Scotland’s Scrutiny Report for the

period 1 January 2019 to 31 March 2019, copies of which had been circulated with the Agenda.

4.4 Domestic Abuse – During the period there had been a 7.1% reduction from last year in domestic abuse incidents. This reduction might reflect positively the work being carried out by Police and partner agencies. However, the figure might also reflect that domestic violence was often under reported. Chief Inspector Reid highlighted the work to tackle perpetrators and the support of victims through MARAC and MATAC which had contributed to the decrease. In terms of sexual crime incidents, Chief Inspector Reid advised that numbers had reduced to 188 from 201 the previous year. Mr Coyle, Scottish Borders Housing Network (SBCN) advised that they were working on early intervention in terms of domestic abuse and would discuss further with partners following the meeting.

4.5 Road Safety - There had been an increase in the number of people killed and seriously injured on the roads by 33% and 18% respectively. Despite targeted awareness in the motorcycle community, six of the deaths were motorcyclists, the circumstances attributed to rider or error/speed. Mobile camera units continued to be deployed to hotspot areas, the aim of which was to provide increased road policing throughout the Scottish Borders to influence driver behaviour and reduce road casualties. It was noted that 40 people had been reported for dangerous driving, 303 detected for speeding and 273 for insurance during the reporting period.

4.6 Violent Crime – There had been an increase of 37% in recorded crimes of violence which equated to 29 more crimes compared to the previous year. The detection rate had increased 3% to 78% from last year. Serious assaults had also increased 15% - 61 incidents compared to 53 last year with a detection rate of 80%. There were 20 reported crimes of robbery compared to nine last year with a detection rate of 60%. There was a 100% reduction in the number of murders with none reported compared to three the previous year. Regarding licensed premises, Chief Inspector Reid advised that 159 licensed premises’ visits had been carried out and he highlighted the Rape Crisis Scotland campaign which allowed any customer feeling threatened after meeting someone to get help by approaching the bar and ‘Asking to speak to Angela”.

4.7 Antisocial Behaviour (ASB) – There had been a slight increase in the number of ASB incidents with 5,740 being reported compared to 5,682 the previous year. Following a successful trial, re-deployable CCTV cameras were being introduced to assist with tackling ASB and crime. Youth Community Officers’ focus this quarter was on issues arising during holidays.

Page 44

4.8 Drugs and Alcohol Misuse – A proactive and intelligence led approach led by the CAT had seen a 45.8% rise in detections for drug related offences, a significant increase. With regard to alcohol misuse, 159 licensed premises checks had been conducted. Police Scotland were also collaborating with the Council regarding the possible implementation of alcohol byelaws in the Scottish Borders.

4.9 Protecting People – There had been an increase of 21.5% in missing person incidents to 707 from 582 the previous year. The increase highlighted the impact these resource intensive incidents placed upon police.

4.10 Acquisitive crime – Housebreaking had increased slightly to 256 reports compared to 236 last year with a detection rate of 21.9%.

4.11 Prevention and Activity HighlightsChief Inspector Reid then went on to discuss the operations and activities from 1 January to 31 March 2019, outlining the Drivewise programme for older drivers and the work of the CAT. In conclusion, the report highlighted that tackling violent crime would be a priority moving forward. To tackle this, the division had introduced Operation Parejos, which had a focus on crimes in communities.

4.12 In response to questions, it was advised that detection rates were higher in the Scottish Borders, compared to other areas of Scotland. With regard to CCTV, this was an important investigatory tool and Police Scotland welcomed any opportunities to increase coverage; CCTV also increased public confidence. With regard to missing persons, Chief Inspector Reid advised that through partnership working with NHS Borders there had been an improvement and he thanked the NHS for their cooperation. There was then a discussion on police recruitment, shift patterns, and areas covered, officers explained that the recruitment of Special Constables was ongoing, although more challenging in the Scottish Borders; CAT officers worked shift patterns including weekends and appropriate officers were deployed each day to target risks. Mrs Simpson representing the Voluntary Sector advised of the increase in scamming incidents and Chief Inspector Reid would discuss with her further out with the meeting.

DECISION NOTED the report.

5. PROGRESS REPORTS/UPDATES ON SERVICE MATTERS - FIRE & RESCUE 5.1 There had been circulated copies of the Scottish Fire and Rescue Services (SFRS) Local

Plan Performance. Local Senior Officer (LSO) Gourlay began by giving an update on new appointments to the service, including the new Chief Officer, Martin Blunden. He also advised that he had submitted a business case for two additional retained support officers; one to be based in Peebles, the other in Hawick. LSO Gourlay then referred to the national negotiations around pay and conditions, explaining that the National Joint Council had recently met and as a result a formal offer was being discussed. Hopefully, this would allow the continuation of the transformation agenda and the developing role of firefighters across Scotland. Referring to the Newbridge Training Centre project, he advised that owing to issues with Scottish Power, completion of the facility had been delayed. However, train the trainer events would commence late summer.

5.2 Station Manager (SM) Steve Mitchell then presented the SFRS Local Plan Performance report for the period 1 April 2018 to 31 March 2019.

5.3 Reduction of ‘Dwelling Fire’ – There had been 102 dwelling fires compared to 100 for the same period last year, 12 of which had been started deliberately. Cooking accounted for 36 of these fires with a further seven attributable to careless disposal of smoking materials.

Page 45

5.4 Reduction of ‘All fire casualties (fatal & non-fatal) - There was 20 casualties during the period, two more than the same period last year. There was one fatal casualty over the period.

5.5 Reduction of ‘All Deliberate Fires Excluding Dwellings’ – There had been 135 incidents during the period, a 10% decrease. Many of these cases were linked to anti-social behaviour, with 23% occurring in the Galashiels and District Ward. With regard to prevention activities SFRS continued to target risk areas and worked with community partners when appropriate.

5.6 Reduction of ‘Special Service – RTCs’ – The SFRS attended 86 RTCs which represented a decrease of 6% compared to last year. Hydraulic rescue equipment was used on 31 occasions to extricate persons trapped in vehicles.

5.7 Reduction of ‘Special Service Casualties – All’ - There had been 94 Special Service Casualties during the reporting period, a 7% decrease in since last reporting year.

5.8 Reduction of ‘False Alarm – Equipment Failure’ – There had been 951 false alarm signals, of which 645 related to equipment failure – an increase of 41 since the precious year. With regard to the SFRS’ enforcement policy for UFAS, LSO Gourlay explained that the SFRS had a multi stage approach, including enforcement correspondence, visits and audit of the premises.

5.9 In response to a question regarding the Out of Hour’s Cardiac Arrest scheme, LSO Gourlay advised that firefighters were committed to this scheme and it was hoped to reinstate and roll out the pilot across the Scottish Borders. It was noted that the Community Planning Strategic Board had congratulated the SFRS on this scheme and their partnership working which provided a valuable resource to the community. Regarding deliberate fires, LSO Gourlay advised that following incidents, a joint investigation with police was carried out. There had been a number of prosecutions as a result, information could be provided to the Board via Police Scotland.

5.10 The Board acknowledged that second anniversary of the Grenfell Tower fire, Mr Coyle advised that following the tragedy, Scottish Borders Housing Network (SBHN) in partnership with the SFRS, had sent out a communication, in terms of assurance to tenants. LSO Gourlay added that the SFRS had carried out an evaluation of dwellings in the Scottish Borders and no issues had been identified. Scottish Government legislation was being introduced which would have an impact on landlords in terms of providing fire safety measures in properties, for example up to and including sprinkler systems.

5.11 SM Mitchell then went on to discuss the Prevention and Protection activities. Copies of a report detailing figures from Quarter 4, (1 January 2019 to 31 March 2019) had been circulated with the agenda. The report explained that due to new staff joining the team and not being fully trained the annual targets had not been achieved. This would be addressed over the coming months. The main focus would be providing Home Fire Safety Visits to those at greatest risk of fire. With regard to partnership working, the SFRS Community Action Team had delivered Fire skills programmes in the Scottish Borders. The Local Authority Liaison Officer continued to attend Multi Agency Risk Assessment Conference meetings and successful actions from these have been delivered. Future work stream priorities included reducing the number of UFAS calls they attended. In response to a questions, LSO Gourlay explained that the majority of UFAS were from educational establishments, followed by hospitals. The policy relating to UFAS was currently under review and involved working with partners in schools and hospitals. NHS Borders had introduced the Take 5 initiative which was having a positive impact on the number of calls. The SFRS had suggested a number of options for schools. However, they required the Council’s support to pilot these options across one or two schools. With regard to the use of artificial intelligence, LSO Gourlay explained that the technology existed but there was a cost implication. Regarding staffing levels, LSO Gourlay

Page 46

explained that there would a further national station reviews, retained recruitment had improved and members of staff provided a high level of cover. Concluding the report, LSO Gourlay advised that the copies of the draft strategic plan had been circulated with the agenda. Any comments were required by 18 July. Mr Scott advised that the Plan was in line with Council policies with its emphasis on prevention and working in partnership with communities, the public and private sectors.

DECISION (a) NOTED the report.

(b) To request officers facilitate discussion between SRFS and SBC’s Education Department in relation to Unwanted Fire Alarm Signals.

ADJOURNMENTThe Chairman adjourned the meeting at 10.50 am to 11.05 am.

6. SAFER COMMUNITIES UPDATE AND KEY ACTIVITIES 6.1 There had been circulated copies of the Safer Communities Performance report covering

the period from 1 April 2018 to 31 March 2019. Mr Colin Bain, Senior Safer Communities & Community Justice Manager, highlighted the main points:-

6.2 Priority 1 – Reduce the level and Impact of Gender Based Violence through effective partnership working. The number of incidents reported during the period was 1.005, 77 incidents lower than 2017/18. Referrals to DAAS had also reduced. Referrals to all domestic abuse services was similar to last year, with more support being received by the most vulnerable clients with complex needs. The Gender Based Violence Strategic Assessment had been completed and would form the basis of revised reporting to the Scrutiny Board.

6.3 Priority 2 – Reduce the level and impact of Substance Misuse through effective partnership working. Proactive drug enforcement activity had resulted in an increase in disclosures to RSLs for consideration around potential tenancy breaches. Mr Bain highlighted that the number of alcohol related issues had increased by 1% this year, due to the proactive work being done when policing events and addressing ASB concerns in the community. In response to a question, Mr Bain explained the referral process. Mr Coyle added that RSLs referred to appropriate agencies to support tenants in order to sustain tenancies. Mrs Simpson advised that the voluntary sector worked with a number of organisations across the Scottish Borders, they could access funding and would be pleased to provide support.

6.4 Priority 3 – Reduce the level and impact of Crime and Antisocial Behaviour through effective partnership working. ASB and vandalism had remained consistent to the same period last year. The report advised that there had been a 7.5% reduction in people being monitored for antisocial behaviour, Mr Bain explained the significance of early intervention in partnership with RSLs and a consistency of approach. It was noted that referrals to mediation had been lower and that the Mediation Officer had taken on an additional role as Gypsy Traveller Liaison Officer and balanced demand across the two functions. Mr Coyle advised that a noise app had been piloted and he could provide feedback. SBHN had also been piloting CCTV achieving a reduction in fly tipping which had a positive impact on communities.

6.5 Priority 4 – Reduce the level and impact of Poor Driver Behaviour through effective partnership working. Group 7 motor vehicle driving offences had risen since the same period last year with a detection rate of 91%. The successful Drivewise project continued and had been redesignated as a charity, dates had been set for further over 65 sessions. Planning was underway for a Schools’ Countryside Day, with road safety a key feature for community safety.

Page 47

6.6 Priority 5 – Reduce the level and impact of incidents in the home through effective partnership work. The Go Safe Scotland resource, was being embedded in the school curriculum. Subjects such as spotting hazards, poisoning, burns, choking and falls has been incorporated, in addition safety equipment was suggested in the inputs.

DECISIONNOTED the report.

7. DATES OF FUTURE MEETINGS 7.1 The next meeting was scheduled to be held on Friday, 30 August 2019 at 9.30 am.

7.2 The Chairman thanked everyone for attending and commended the work of the police, fire service and safer communities’ team and the level of cooperation between services and partners. He then invited attendees to view one of Police Scotland’s Armed Response Vehicles, temporarily located in the Members’ carpark.

DECISIONNOTED the next meeting was scheduled to be held on 30 August 2019.

The meeting concluded at 11.30 am

Page 48

SCOTTISH BORDERS COUNCILLOCAL REVIEW BODY

MINUTE of Meeting of the LOCAL REVIEW BODY held in the Council Chamber, Council Headquarters, Newtown St Boswells, TD6 0SA on Monday, 17 June 2019 at 10.00 am

Present:- Councillors T. Miers (Chairman), S. Aitchison, A. Anderson, J. A. Fullarton, S. Hamilton, S. Mountford, C. Ramage and E. Small

Apologies:- Councillor H. Laing

In Attendance:- Principal Planning Officer – Major Applications/Local Review, Solicitor (E. Moir), Democratic Services Team Leader, Democratic Services Officer (F. Walling).

1. REVIEW OF 18/01071/FULThere had been circulated copies of the request from Mr Keith Redpath, per RG Licence Architect, Hillend, Cliftonhill, Kelso, to review refusal of the planning application for part change of use from agricultural barn to vehicle body repair and paint shop with associated parking (retrospective) at Mid Softlaw Farm, Kelso. The supporting papers included the Notice of Review; Decision Notice; Officer’s Report; papers referred to in Officer’s Report; Consultations; and a list of policies. After firstly considered whether certain matters included in the review documentation constituted new evidence under Section 43B of the Act and whether or not this evidence could be referred to in their deliberations, Members determined that these matters could be referred to. Members noted that agricultural engineering was already taking place in other parts of adjoining buildings at the farm holding. They also noted that suitable farm diversification was encouraged by Council policies. Members ensuing discussion focussed on whether the farm steading was an appropriate location for this type of business, any potential impact on residential amenity of the proposals and the issue of sustainability of transport in relation to the operation of the business at that location. Members’ opinion was divided on these issues.

VOTE

Councillor Fullarton, seconded by Councillor Mountford, moved that the decision to refuse the application be reversed and the application approved.

Councillor Aitchison, seconded by Councillor Small, moved as an amendment that the decision to refuse the application be upheld.

On a show of hands Members voted as follows:-

Motion - 4 votesAmendment - 3 votes

The motion was accordingly carried and the application approved.

DECISIONDECIDED that:-

(a) the request for a review had been competently made in terms of Section 43A of the Town and Country Planning (Scotland) Act 1997;

Public Document Pack

Page 49

(b) the matters raised relating to further information on working hours, machinery and staff facilities met the test set out in Section 43B of the Town and Country Planning (Scotland) Act 1997 and could be taken into consideration;

(c) the review could be considered without the need for any further procedure on the basis of the papers submitted;

(d) the proposal was consistent with the Development Plan; and

(d) the officer’s decision to refuse the application be reversed and planning permission be granted subject to conditions, for the reasons detailed in Appendix I to this Minute.

2. REVIEW OF 18/01469/PPPThere had been circulated copies of the request from Mr A. Anderson, per Ferguson Planning, Shiel House, 54 Island Street, Galashiels, to review the refusal of the planning application for erection of two dwellinghouses in paddock south of and incorporating part garden ground of 1 Cowdenburn Cottages, West Linton. Included in the supporting papers were the Notice of Review (including the Decision Notice, Officer’s Report and Consultations); papers referred to in the Officer’s Report; and a list of policies. In their opening discussion Members agreed that a building group existed at Cowdenburn Cottages and that there was capacity to increase the number in the group by up to two additional dwellinghouses. Members went on to discuss whether the site would more appropriately accommodate one rather than two houses, in terms of the character of the building group. They also considered the potential impact of the development on trees and were particularly concerned about the protection of the mature Sycamore which was next to the proposed access to the site. After a lengthy debate, Members’ opinion remained divided.

VOTE

Councillor Aitchison, seconded by Councillor Mountford, moved that the decision to refuse the application be reversed and the application approved.

Councillor Fullarton, seconded by Councillor Ramage, moved as an amendment that the decision to refuse the application be upheld.

On a show of hands Members voted as follows:-

Motion - 4 votesAmendment - 4 votes

The Chairman used his casting vote in favour of the motion which was accordingly carried and the application approved.

DECISIONDECIDED that:-

(a) the request for a review had been competently made in terms of Section 43A of the Town and Country Planning (Scotland) Act 1997;

(b) the review could be considered without the need for any further procedure on the basis of the papers submitted;

(c) the proposal would be in keeping with the Development Plan; and

Page 50

(d) the officer’s decision to refuse the application be reversed and planning permission be granted subject to conditions and a legal agreement, for the reasons detailed in Appendix II to this Minute.

The meeting concluded at 11.30 am

Page 51

This page is intentionally left blank

Page 52

APPENDIX I

SCOTTISH BORDERS COUNCILLOCAL REVIEW BODY DECISION NOTICE

APPEAL UNDER SECTION 43A (8) OF THE TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997

THE TOWN AND COUNTRY PLANNING (SCHEMES OF DELEGATION AND LOCAL REVIEW PROCEDURE) (SCOTLAND) REGULATIONS 2013

Local Review Reference: 19/00009RREF

Planning Application Reference: 18/01071/FUL

Development Proposal: Part change of use from agricultural barn to vehicle body repair and paint shop with associated parking (retrospective)

Location: Agricultural Barn, Mid Softlaw Farm, Kelso

Applicant: Mr Keith Redpath

DECISION

The Local Review Body reverses the decision of the appointed officer and grants planning permission for the reasons set out in this decision notice subject to the conditions as set out below.

DEVELOPMENT PROPOSAL

The application relates to part change of use from agricultural barn to vehicle body repair and paint shop with associated parking (retrospective). The application drawings and documentation consisted of the following:

Plan Type Plan Reference No.

Location Plan (revised) RF011Existing Elevations RF031Proposed Elevations RF061Existing Floor Plan RF021Proposed Floor Plan RF041Existing Section RF071Proposed Section RF051

Page 5

Minute Item 1

Page 53

PRELIMINARY MATTERS

The Local Review Body considered the review, which had been competently made, under section 43A (8) of the Town & Country Planning (Scotland) Act 1997 at its meeting on 17 June 2019.

After examining the review documentation at that meeting, which included: a) Notice of Review; b) Decision Notice; c) Officer’s Report; d) Papers referred to in Officer’s Report e) Consultations; and f) List of Policies, the Review Body considered whether certain matters included in the review documents constituted new evidence under Section 43B of the Act and whether or not this evidence could be referred to in their deliberations. This related to further information on working hours, machinery and staff facilities, the latter being shown on a revised Location Plan. Members considered that the information did meet the Section 43B test, was material to their consideration and could be considered.

The Review Body noted the applicant’s suggestion for further procedure but did not consider any further procedure necessary, including a site visit, after viewing photographs and plans of the site and surroundings. They then proceeded to determine the case.

REASONING

The determining issues in this Review were:

(1) whether the proposal would be in keeping with the Development Plan, and (2) whether there were any material considerations which would justify departure from the

Development Plan.

The Development Plan comprises: SESplan Strategic Development Plan 2013 and the Scottish Borders Local Development Plan 2016. The LRB considered that the relevant listed policies were:

Local Development Plan policies: PMD1, PMD2, ED2, ED7, EP13, EP16, HD3, IS7 and IS9

Other Material Considerations

SBC Supplementary Planning Guidance on Landscape and Development 2008 SBC Supplementary Planning Guidance on Trees and Development 2008

The Review Body noted that the proposal was for planning permission for part change of use from an agricultural barn to vehicle body repair and paint shop with associated parking and that the use had commenced and the application was retrospective.

The Review Body firstly considered the application against Policy ED7. Whilst they accepted that the use applied for could result in any vehicle being worked on, they also noted that the use would allow for works and respraying to agricultural vehicles, which the applicant had stated would be the emphasis of the business, and that agricultural engineering was already a use carried out in other parts of the adjoining buildings. Members felt that this was an appropriate use for a rural area and also represented suitable farm diversification as encouraged by Council Policies. They considered it more supportive and viable for this local business, which was deemed to be providing an appropriate use in a countryside location, to allow conversion and re-use of the existing building within the farm steading than to ask the applicant to seek new premises within a town.

Page 6Page 54

The Review Body then considered the issue of impacts on rural character and residential amenity, as protected by Policies PMD2 and HD3 in particular. They noted that there was no noise assessment or information on the potential impacts but that there could also be a level of noise and residential impact from a variety of agricultural uses of the building which would not require planning permission, including the agricultural engineering operations in the adjoining buildings. They also noted that the use was already in operation and that there was no evidence to suggest there was any particular complaint or objection from adjoining house owners, given there were no submitted objections to the planning application. They concluded that there was no noise or residential amenity reason to oppose the application although it would still be necessary to agree a scheme of methods of working, within a specified timescale, to ensure that impacts on residential amenity would be controlled and minimised. This would include noise impacts from use operation and machinery, waste storage, water, drainage and parking. They also required that the use be limited, by condition, to what was applied for as other uses within the same general industrial use class could cause greater detrimental impact on residential amenity.

Members then considered the issue of sustainability of transport and compliance of the proposals with Policy PMD1 in particular. Whilst it was accepted that a town location could offer more forms of sustainable transport and less reliance on private car, the Review Body considered that, as the Borders was a rural area with a significant rural economy, many businesses and customers had to rely on cars and that rigid application of PMD1 in this respect could be detrimental to the economy. It was also noted that the location of the site was within walking distance of bus services and reasonable cycling distance from Kelso.

The Review Body then considered Policy PMD2 and the quality and suitability of the building for the use. They noted the existence of toilet and staff welfare facilities in the adjoining buildings but that these facilities, together with other upgrades to the building required by different regulations and authorising organisations, would result in the building being more suitable for the use. This included the process of obtaining building warrant for the use. Members considered it necessary to ensure that the upgrades and additional facilities were also controlled by planning condition to ensure their implementation, within an agreed timescale.

CONCLUSION

After considering all relevant information, the Local Review Body concluded that the development was consistent with the Development Plan and that there were no other material considerations that would justify departure from the Development Plan. Consequently, the application was approved.

CONDITIONS

1. Notwithstanding the terms of The Town and Country Planning (Use Classes) (Scotland) Order 1997 and any subsequent amendment, the use to be operated only as a vehicle body repair and paint shop and not for any other use within Class 5 or any other Class in the Order, unless application is made and subsequently granted for an alternative use.Reason: To safeguard the residential character and amenity of adjoining properties

2. Within three months of the date of this consent, a Scheme of Method of Operation of the use to be submitted to the Planning Authority for approval. The Scheme shall provide days and hours of operation, noise levels of operation of the use (including any plant and machinery), proposed mitigation relating to noise levels, waste storage, water, drainage and parking for staff and customers. The use then to operate in full

Page 7Page 55

accordance with the approved Scheme within three months of the date of approval of the Scheme and, thereafter, for the duration of the use.Reason: To safeguard the residential character and amenity of adjoining properties and of the surrounding rural area

3. Within three months of the date of this consent, further details of building improvements and facilities to support the use to be submitted to the Planning Authority for approval. The approved details then to be implemented in full within three months of the date of approval of the details and, thereafter, retained for the duration of the use.Reason: To ensure the building is suitable for its approved use and to safeguard the residential character and amenity of adjoining properties and of the surrounding rural area

INFORMATIVES

N.B: This permission does not include any consent, approval or licence necessary for the proposed development under the building regulations or any other statutory enactment and the development should not be commenced until all consents are obtained.

Under The Control of Pollution Act 1974, the Council recommends the following hours for noisy construction-related work:Monday-Friday 0700-1900Saturday 0800-1300Sunday and Public Holidays - no permitted work (except by prior agreement with the Council)

Contractors will be expected to adhere to the measures contained in BS 5228:2009 “Code of Practice for Noise and Vibration Control on Construction and Open Sites”.

For more information or to make a request to carry out works outside the above hours, please contact an Environmental Health Officer at the Council.

Notice of Initiation of Development

Section 27 of the Town and Country Planning (Scotland) Act (as amended) requires that any person who has been granted planning permission (including planning permission in principle) and intends to start development must, once they have decided the date they will start work on the development, inform the planning authority of that date as soon as is practicable.

Notice of Completion of Development

Section 27B requires that any person who completes a development for which planning permission (including planning permission in principle) has been given must, as soon as practicable after doing so, give notice of completion to the planning authority.

When planning permission is granted for phased development then under section 27B(2) the permission is to be granted subject to a condition that as soon as practicable after each phase, other than the last, is completed, the person carrying out the development is to give notice of that completion to the planning authority.

In advance of carrying out any works it is recommended that you contact Utility Bodies whose equipment or apparatus may be affected by any works you undertake. Contacts include:

Transco, Susiephone Department, 95 Kilbirnie Street, Glasgow, G5 8JDScottish Power, Riccarton Mains Road, Currie, Edinburgh, EH14 5AA

Page 8Page 56

Scottish Water, Developer Services, 419 Balmore Road, Possilpark, Glasgow G22 6NUBritish Telecom, National Notice Handling Centre, PP404B Telecom House, Trinity Street, Stoke on Trent, ST1 5NDScottish Borders Council, Street Lighting Section, Council HQ, Newtown St Boswells, Melrose, TD6 0SACable & Wireless, 1 Dove Wynd, Strathclyde Business Park, Bellshill, ML4 3ALBP Chemicals Ltd, PO Box 21, Bo’ness Road, Grangemouth, FK2 9XHTHUS, Susiephone Department, 4th Floor, 75 Waterloo Street, Glasgow, G2 7BDSusiephone System – 0800 800 333

If you are in a Coal Authority Area (Carlops or Newcastleton), please contact the Coal Authority at the following address: The Coal Authority 200 Lichfield Lane, Berry Hill, Mansfield, Nottinghamshire NG18 4RG.

Notice Under Section 21 of the Town & Country Planning (Schemes of Delegation and Local Review procedure) (Scotland) Regulations 2008.

1. If the applicant is aggrieved by the decision of the planning authority to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may question the validity of that decision by making an application to the Court of Session. An application to the Court of Session must be made within 6 weeks of the date of the decision.

2. If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the owner of the land’s interest in the land in accordance with Part V of the Town and Country Planning (Scotland) Act 1997.

Signed....Councillor T MiersChairman of the Local Review Body

Date…….19 June 2019…

Page 9Page 57

This page is intentionally left blank

Page 58

APPENDIX II

SCOTTISH BORDERS COUNCILLOCAL REVIEW BODY INTENTIONS NOTICE

APPEAL UNDER SECTION 43A (8) OF THE TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997

THE TOWN AND COUNTRY PLANNING (SCHEMES OF DELEGATION AND LOCAL REVIEW PROCEDURE) (SCOTLAND) REGULATIONS 2013

Local Review Reference: 19/00010/RREF

Planning Application Reference: 18/01469/PPP

Development Proposal: Erection of two dwellinghouses

Location: Paddock south of and incorporating part garden ground of 1 Cowdenburn Cottages, West Linton

Applicant: Mr A Anderson

DECISION

The Local Review Body reverses the decision of the appointed officer and indicates that it intends to grant planning permission for the reasons set out in this intentions notice subject to conditions and informatives and the applicants entering into a Section 75 Agreement as set out below.

DEVELOPMENT PROPOSAL

The application relates to the erection two dwellinghouses. The application drawings and documentation consisted of the following:

Plan Type Plan Reference No.

Locality PlanIndicative Site Layout 18-020/PPP/001

PRELIMINARY MATTERS

The Local Review Body considered the review, which had been competently made, under section 43A (8) of the Town & Country Planning (Scotland) Act 1997 at its meeting on 17th June 2019. After examining the review documentation which included: a) Notice of Review (including Decision Notice, Officer’s Report and Consultations); b) Papers referred to in officer’s report; and c) List of Policies, the Review Body proceeded to determine the case.

Page 11

Minute Item 2

Page 59

REASONING

The determining issues in this Review were:

(1) whether the proposal would be in keeping with the Development Plan, and (2) whether there were any material considerations which would justify departure from the

Development Plan.

The Development Plan comprises: SESplan Strategic Development Plan 2013 and the Scottish Borders Local Development Plan 2016. The LRB considered that the relevant listed policies were:

Local Development Plan policies: PMD1, PMD2, PMD5, HD2, HD3, HD4, EP3, EP8, EP13, IS2, IS7, IS9 and IS13

Other Material Considerations

SBC Supplementary Planning Guidance on New Housing in the Borders Countryside 2008

SBC Supplementary Planning Guidance on Placemaking and Design 2010 SBC Supplementary Planning Guidance on Development Contributions 2011 SBC Supplementary Planning Guidance on Privacy and Sunlight 2006 SBC Supplementary Planning Guidance on Trees and Development 2008 SBC Supplementary Planning Guidance on Landscape and Development 2008 Scottish Planning Policy 2014

The Review Body noted that the proposal was for Planning Permission in Principle to erect two dwellinghouses on the site.

Members firstly considered whether there was a building group present at Cowdenburn Cottages and concluded that, in terms of Local Development Plan Policy, at least five houses currently existed, consisting of the four cottages and a modern house at the north-eastern end. They also noted two further houses were sited to the south-west across the public road, including the former railway station building. Members agreed this constituted a building group in terms of Policy HD2. They also recognised that the group could expand by up to two houses and that the proposal was within that scale of addition capacity.

The Review Body then considered whether the site and its development for two houses was well-related to the group and in keeping with its character, albeit noting that the application was for planning permission in principle and that the suggested layout was only indicative In this respect, they had regard to the linear and traditional row of cottages and outbuildings adjoining the site but also the angled modern house to the north-eastern end of the row which they considered provided a suitable “bookend” to the group. Members considered that the site was an appropriate gap site at the other end forming a natural completion to the group, with the boundary clearly formed by the old railway line. Subject to suitable augmentation with new planting, they considered that to be the defensible boundary to the group rather than the garden boundary of the applicant’s own house.

Although the Review Body did discuss whether the proposal was more appropriate as a single dwellinghouse, they concluded that the site was large enough to achieve two houses whilst still respecting the nature and character of the group. Members considered it important, however, to provide advice in an Informative to ensure that the design of the houses should respect the character, colour and height of the existing houses in the row.

Page 12Page 60

The Review Body then considered Local Development Plan Policy EP13 and the potential impacts of the development on trees within and on the boundaries of the site. They noted the concerns of the Appointed Officer and Landscape Architect, particularly with regard to the access and potential impacts on the mature Sycamore tree. They also noted there was no specific information submitted at this stage demonstrating tree protection. Nevertheless, they considered that with appropriate protection of the Sycamore tree and mitigation through condition, the development could comply with Policy EP13. The condition could also require a revised access point, should protection and retention of the tree require it. Members were less concerned about impacts on the roadside trees should the access require partial removal or trimming to achieve visibility improvement.

The Review Body finally considered other material issues relating to the proposal including land contamination, water and drainage but were of the opinion that appropriate conditions could address them satisfactorily. They also noted that development contributions for affordable housing and Peebles High School were required and could be secured by legal agreement.

CONCLUSION

After considering all relevant information, the Local Review Body concluded that the development was consistent with Policies PMD2 and HD2 of the Local Development Plan and relevant Supplementary Planning Guidance. The development was considered to be an appropriate addition to the building group, well related to, and in keeping with the character of, the group. Tree protection could be addressed by condition. Consequently, the application was approved.

DIRECTIONS

1. Application for approval of matters specified in the conditions set out in this decision shall be made to the Planning Authority before whichever is the latest of the following:

a. the expiration of three years from the date of this permission, orb. the expiration of six months from the date on which an earlier application for

approval of matters specified in the conditions set out in this decision notice was refused or dismissed following an appeal.

Only one application may be submitted under paragraph (b) of this condition, where such an application is made later than three years after the date of this consent.Reason: To achieve a satisfactory form of development, and to comply with the requirements of Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006.

2. The development hereby permitted shall be begun before the expiration of two years from the date of approval of the last of the matters specified in the conditions set out in this decision. Reason: To achieve a satisfactory form of development, and to comply with the requirements of Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006.

CONDITIONS

1. No development shall commence until the details of the layout, siting, design and external appearance of the building(s), the means of access thereto and the landscaping of the site have been submitted to and approved in writing by the Planning Authority. Thereafter the development shall be carried out in accordance with the agreed details.

Page 13Page 61

Reason: To achieve a satisfactory form of development, and to comply with the requirements of Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006.

2. No development shall commence until all matters specified in conditions have, where required, been submitted to and approved in writing by the Planning Authority. Thereafter the development shall only take place in strict accordance with the details so approved. Reason: To achieve a satisfactory form of development, and to comply with the requirements of Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006.

3. No development shall take place except in strict accordance with a scheme of hard and soft landscaping works, which has first been submitted to and approved in writing by the planning authority. Details of the scheme shall include (as appropriate): existing and finished ground levels in relation to a fixed datum preferably ordnance existing landscaping features and trees to be retained, protected and, in the case

of damage, restored location and design, including materials, of walls, fences and gates soft and hard landscaping works including establishment of firm planted

boundaries to the plots, including along the former railway line existing and proposed services such as cables, pipelines, sub-stations A programme for completion and subsequent maintenance.Reason: To ensure the satisfactory form, layout and assimilation of the development.

4. No development shall commence until the details of the access and the parking and turning facilities within the site have been submitted to and approved in writing by the Planning Authority. The details to include:

2 no. parking spaces, not including any garage, and turning area for each dwellinghouse to be provided within the curtilage of the site and retained thereafter in perpetuity

visibility at the access onto the public road to be improved by removing/cutting back the roadside trees to provide splays of 2.4m by 215m

full construction specifications and dimensions of the access point full details of the protection of the existing sycamore tree and roadside trees including

a tree survey, root protection areas and full tree protection mitigation to BS: 5837Thereafter, the works shall be implemented in accordance with the agreed details and within an agreed timescale.Reason: To ensure that development is served by a safe means of access and provides adequate off-street parking.

5. No development to commence until further details of the provision of foul and surface water drainage are submitted to, and approved by, the Planning Authority. The details should include evidence that arrangements are in place to ensure that the private drainage system will be maintained in a serviceable condition. Thereafter, development shall proceed in strict accordance with the approved details. Reason: To ensure that satisfactory arrangements are made for the disposal of surface and foul water.

6. No development is to commence until a report has been submitted to and approved in writing by the Planning Authority, demonstrating the provision of an adequate water supply to the development in terms of quality and quantity. The report must also detail all mitigation measures to be delivered to secure the quality, quantity and continuity of water supplies to properties in the locality which are served by private water supplies

Page 14Page 62

and which may be affected by the development. The provisions of the approved report shall be implemented prior to the occupation of the building(s) hereby approved.Reason: To ensure that the development is adequately serviced with a sufficient supply of wholesome water and there are no unacceptable impacts upon the amenity of any neighbouring properties.

7. Unless otherwise agreed in writing and in advance by the Planning Authority, prior to any development commencing on site, a scheme will be submitted by the Developer (at their expense) to identify and assess potential contamination on site. No construction work shall commence until the scheme has been submitted to, and approved, by the Council, and is thereafter implemented in accordance with the scheme so approved.

a) The scheme shall be undertaken by a competent person or persons in accordance with the advice of relevant authoritative guidance including PAN 33 (2000) and BS10175:2011 or, in the event of these being superseded or supplemented, the most up-to-date version(s) of any subsequent revision(s) of, and/or supplement(s) to, these documents. This scheme should contain details of proposals to investigate and remediate potential contamination and must include:-

b) A desk study and development of a conceptual site model including (where necessary) a detailed site investigation strategy. The desk study and the scope and method of recommended further investigations shall be agreed with the Council prior to addressing parts b, c, d, and, e of this condition.

and thereafter

a) Where required by the desk study, undertaking a detailed investigation of the nature and extent of contamination on site, and assessment of risk such contamination presents.

b) Remedial Strategy (if required) to treat/remove contamination to ensure that the site is fit for its proposed use (this shall include a method statement, programme of works, and proposed validation plan).

c) Submission of a Validation Report (should remedial action be required) by the developer which will validate and verify the completion of works to a satisfaction of the Council.

d) Submission, if necessary, of monitoring statements at periods to be agreed with the Council for such time period as is considered appropriate by the Council.

e) Written confirmation from the Council, that the scheme has been implemented completed and (if appropriate), monitoring measures are satisfactorily in place, shall be required by the Developer before any development hereby approved commences. Where remedial measures are required as part of the development construction detail, commencement must be agreed in writing with the Council.

Reason: To ensure that the potential risks to human health, the water environment, property, and, ecological systems arising from any identified land contamination have been adequately addressed.

Page 15Page 63

INFORMATIVES

With regard to Condition 1 and to comply with Local Development Plan Policy PMD2, the design and siting of the dwellinghouses shall respect and reflect the character and high quality architecture of the existing cottages and outbuildings adjoining the site, including materials, colour and height.

LEGAL AGREEMENT

The Local Review Body required that a Section 75 Agreement, or other suitable legal agreement, be entered into regarding the payment of a financial contribution for affordable housing and education.

N.B: This permission does not include any consent, approval or licence necessary for the proposed development under the building regulations or any other statutory enactment and the development should not be commenced until all consents are obtained.

Under The Control of Pollution Act 1974, the Council recommends the following hours for noisy construction-related work:Monday-Friday 0700-1900Saturday 0800-1300Sunday and Public Holidays - no permitted work (except by prior agreement with the Council)

Contractors will be expected to adhere to the measures contained in BS 5228:2009 “Code of Practice for Noise and Vibration Control on Construction and Open Sites”.

For more information or to make a request to carry out works outside the above hours, please contact an Environmental Health Officer at the Council.

Notice of Initiation of Development

Section 27 of the Town and Country Planning (Scotland) Act (as amended) requires that any person who has been granted planning permission (including planning permission in principle) and intends to start development must, once they have decided the date they will start work on the development, inform the planning authority of that date as soon as is practicable.

Notice of Completion of Development

Section 27B requires that any person who completes a development for which planning permission (including planning permission in principle) has been given must, as soon as practicable after doing so, give notice of completion to the planning authority.

When planning permission is granted for phased development then under section 27B(2) the permission is to be granted subject to a condition that as soon as practicable after each phase, other than the last, is completed, the person carrying out the development is to give notice of that completion to the planning authority.

In advance of carrying out any works it is recommended that you contact Utility Bodies whose equipment or apparatus may be affected by any works you undertake. Contacts include:

Transco, Susiephone Department, 95 Kilbirnie Street, Glasgow, G5 8JDScottish Power, Riccarton Mains Road, Currie, Edinburgh, EH14 5AA

Page 16Page 64

Scottish Water, Developer Services, 419 Balmore Road, Possilpark, Glasgow G22 6NUBritish Telecom, National Notice Handling Centre, PP404B Telecom House, Trinity Street, Stoke on Trent, ST1 5NDScottish Borders Council, Street Lighting Section, Council HQ, Newtown St Boswells, Melrose, TD6 0SACable & Wireless, 1 Dove Wynd, Strathclyde Business Park, Bellshill, ML4 3ALBP Chemicals Ltd, PO Box 21, Bo’ness Road, Grangemouth, FK2 9XHTHUS, Susiephone Department, 4th Floor, 75 Waterloo Street, Glasgow, G2 7BDSusiephone System – 0800 800 333

If you are in a Coal Authority Area (Carlops or Newcastleton), please contact the Coal Authority at the following address: The Coal Authority 200 Lichfield Lane, Berry Hill, Mansfield, Nottinghamshire NG18 4RG.

Notice Under Section 21 of the Town & Country Planning (Schemes of Delegation and Local Review procedure) (Scotland) Regulations 2008.

1. If the applicant is aggrieved by the decision of the planning authority to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may question the validity of that decision by making an application to the Court of Session. An application to the Court of Session must be made within 6 weeks of the date of the decision.

2. If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the owner of the land’s interest in the land in accordance with Part V of the Town and Country Planning (Scotland) Act 1997.

Signed...Councillor T. MiersChairman of the Local Review Body

Date……19 June 2019…

Page 17Page 65

This page is intentionally left blank

Page 66

SCOTTISH BORDERS COUNCILEXECUTIVE COMMITTEE

MINUTE of Meeting of the EXECUTIVE COMMITTEE held in the Council Chamber, Council Headquarters, Newtown St Boswells, TD6 0SA on Tuesday, 18 June, 2019 at 10.00 am

Present:- Councillors C. Hamilton (Chairman – Education Business), S. Haslam (Chairman), S. Aitchison, G. Edgar, E. Jardine, T. Miers, S. Mountford, M. Rowley, G. Turnbull (from para 3)

Apologies:- Councillors R. Tatler, T. WeatherstonAlso present:- Councillors H Scott, W. McAteer, S. Marshall, C. Ramage

In Attendance:- Interim Service Director Children and Young People, Pension and Investments Manager, Democratic Services Team Leader, Democratic Services Officer (F. Henderson)

EDUCATION BUSINESS

Present:- Mr G. Jarvie, Mr. I .Topping. Apologies:- Ms. C. Thorburn, Parent Representative: Ms Alison Ferahi.

CHAIRMAN Councillor Hamilton chaired the meeting for consideration of the Education business.

1. EARLY LEARNING & CHILDCARE EXPANSION 1.1 There had been circulated copies of a report by the Interim Service Director, Children and

Young people which proposed that Scottish Borders Council continue to grow and develop their ‘Grow Your Own’ Scheme to train and recruit individuals into the teaching profession, working in partnership with a number of Universities. Christine Brown, Quality Improvement Officer, explained that Scottish Borders Council was working with two different Universities to develop and deliver training for individuals to become secondary teachers. The report explained that recruitment of teaching staff, in particular for some secondary STEM subjects, had become more difficult nationally, but had been particularly felt in rural authorities. Particular STEM subjects within secondary schools had been a focus for Scottish Government to develop opportunities for Universities to work in partnership with Local Authorities so individuals could become teachers. There were a growing number of programmes available and Scottish Borders Council had been proactive in taking this forward to enable the Authority to ‘grow our own’ workforce.

1.2 It was further explained that there was a demand for alternative routes into teaching for individuals within the Scottish Borders, which enabled people to remain in the Scottish Borders, reducing their financial commitments involved in either living or commuting to a university elsewhere in Scotland. Potential students with child care commitments could be prevented from undertaking study outwith the Borders. Scottish Borders Council’s Children & Young People’s Department had been working over the past three years to look at alternative ways of training and then recruiting qualified teachers. This had been a risk and an investment, taken by the authorities, which was paying the dividend of providing high quality committed teachers. The report detailed how the Authority had been working with the University of Highlands and Islands since August 2017 offering a distance learning opportunity for Scottish Borders graduates to gain a qualification which

Page 67

would allow them to enter the teaching profession at secondary level. A partnership agreement has been set up with the University of Highlands and Islands, who offered an initial teacher education programme for graduates who had a degree in either Physics, Business Studies, Mathematics, Home Economics, Technology or English. Applicants required to have National 5 Mathematics (or equivalent i.e. Intermediate 2, Standard Grade 2, O Grade), Higher English, and an appropriate degree.

1.3 A further project was launched in 2018 in partnership with Dundee University which offered an 18 month programme with students graduating with a PGDE and having completed their Standard for Full Registration with the GTCS in June 2020. Acceptance onto the course came with a bursary funded by Scottish Government. Students spent 4 days in schools and 1 day distance learning with the University. The first 6 months in one school, then they moved to a second school for a full year. As yet no additional funding had been allocated from Scottish Government for this course to continue past the initial cohort who were going through the programme.

1.4 Work continued to look for opportunities to recruit more individuals into the teaching profession in 2019 and Scottish Borders Council were working in partnership with the University of Highlands and Islands to offer 6 PGDE primary teaching places. Recruitment was underway and students would be placed for starting in August 2019. These students would complete their placements within Scottish Borders Council schools and link with the University to follow their academic studies in a distance learning way.

1.5 The Committee heard from three current participants about their experience on the programme and they answered Members questions.

DECISIONAGREED that Scottish Borders Council continue to :-

(a) deliver ‘Grown Your Own’ Programmes for teachers; and

(b) develop opportunities for increasing the teaching workforce into the future.

2. ACCESSIBILITY STRATEGY FOR SCHOOLS 2019-2022 2.1 There had been circulated copies of a report by the Interim Service Director, Children and

Young people which provided Members with information regarding the updated Accessibility Strategy for Schools which was contained in Appendix 1 to the report. Christian Robertson, Quality Improvement Manager, presented the Council’s fifth strategy following the introduction of the Education (Disability Strategies and Pupils Educational Records) (Scotland) Act 2002 which required all Local Authorities to prepare and implement an accessibility strategy which would improve access to education for pupils with disabilities. The word “access” was used in its widest sense and included the Schools Curriculum, physical access to premise and facilities and communication with pupils with a disability, including taking into account the pupil’s needs and any preferences that they or their parents expressed.

2.2 These duties enabled long-term strategic planning to be carried out in relation to school education in the Scottish Borders, to improve access for all pupils with disabilities, as well as promoting a positive attitude towards disability in all schools and communities. The Act applied to both the state and independent sectors throughout Scotland. For the state sector, the responsible body was the Local Education Authority (Scottish Borders Council). The strategy covered all the schools and nursery classes for which it was directly responsible. The strategy does not require covering pre-school education provided by private or voluntary sector providers operating in partnership with the Local Authority. However, in negotiating contracts with these providers, Scottish Borders Council would endeavour to ensure that providers were committed to improving access to pupils with disabilities.

Page 68

2.3 The Committee congratulated the team on the layout of the Strategy and asked questions about the flexibility of the budget, in terms of being able to meet pupils’ individual needs. It was explained that the Accessibility Officer worked with families from an early age and was therefore very aware of children coming forward and their needs although there were families moving into the area who needed to be catered for. Resources were a continuing challenge but the aim was to provide the best experience for each child.

DECISIONAPPROVED the updated Strategy, attached at Appendix I to this Minute.

3. URGENT BUSINESSUnder 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 keep Members informed.

ATTAINMENT CHALLENGE – LOOKED AFTER CHILDREN3.1 Mr Peter Macklin, Education Attainment Officer was present at the meeting to report on

positive destinations for care experienced pupils in more detail and in particular attendance, exclusions and attainment. It was explained that for the period 2016/17, 92.9% of all school leavers were in positive follow up Destinations while only 64% of schools leavers who were looked after for part of the year and 76% of school leavers who were looked after for the full year were in positive follow up destinations. On the 14th to 16th May 2019, Scottish Borders Council in partnership with Developing the Young Workforce Borders held 'Looking at Careers' - an event created to bring together pupils who may have experienced the care system or were dis-engaging from education across the Scottish Borders. The aim was to identify and evidence the skills required in making a positive and sustainable transition into the world of work and further education. Statistics showed young people who had experienced the care system were 30% less likely to reach their full potential. In order to start the process earlier S2/S3 pupils were targeted. The 3 day event held at Springwood Park, Kelso saw over 60 pupils in attendance as well as a range of different businesses. Each delivering a unique workshop personalised with their expertise and knowledge. The sessions were 50 minutes long and as practical as possible. As well as pupils learning new skills throughout the event, on the final day they heard from inspirational speakers. At the end of the 3 day event a keepsake bag with information from exhibitors and a variety of extras was given to each pupil. The event had been well received by those who had taken part.

3.2 In response to questions, it was explained that the event would be repeated once confirmation of funding was received from the Scottish Government. Those young people who had attended would be tracked and become Ambassadors. The event would be further developed and it was hoped that Borders College would be involved in the future.

DECISIONNOTED.

OTHER BUSINESS

CHAIRMANCouncillor Haslam chaired the meeting for the remainder of the meeting.

4. MINUTE There had been circulated copies of the Minute of the meeting of 4 June 2019.

DECISIONAPPROVED for signature by the Chairman.

5. CORPORATE DEBTS - WRITE OFFS IN 2018/19 Page 69

There had been circulated copies of a report by the Chief Financial Officer which detailed the aggregate amounts of debt written off during 2018/19 under delegated authority, as required by the Financial Regulations. The report covered the areas of Council Tax, Non-Domestic Rates, Sundry Debtors, Housing Benefit Overpayments and aged debt from the balance sheet. The total value of write-offs had increased from £0.259m in 2017/18 to £0.702m in 2018/19. There were ongoing risks associated with the management of the Council’s debts and these might lead to an increase in the level of debts that would require to be written off as irrecoverable in future years and had been identified in the report. The Council maintained an appropriate bad debt provision to help manage those risks. Members queried why there was a backlog and whether the Council was still recovering a high percentage of its debts, which was previously at 98%. The Pensions and Investments Manager explained that some of the debts were over 5 years old as customers were given every opportunity to pay and this was monitored continually. In response to a question regarding the collection rate for Council Tax the Pensions and Investments Manager advised she would obtain this information and pass it on to Members.

DECISIONNOTED the debtor balances written off during 2018/19 under delegated authority.

6. PRIVATE BUSINESS 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 the Appendix to this minute on the grounds that it involved the likely disclosure of exempt information as defined in the relevant paragraphs of part 1 of schedule 7A to the Act.

SUMMARY OF PRIVATE BUSINESS

7. MINUTE The private Minute of 4 June 2019 was approved.

The meeting concluded at 11.00 am

Page 70

SCOTTISH BORDERS COUNCILLAUDER COMMON GOOD FUND SUB-COMMITTEE

MINUTE of Meeting of the LAUDER COMMON GOOD FUND SUB-COMMITTEE held in the Convener's Office, Council Headquarters, Newtown St Boswells on Wednesday, 19 June 2019 at 9.00 am

Present:- Councillors D. Parker (Chairman), K. Drum, T. Miers and Community Councillor A. Smith

In Attendance:- Pension & Investment Manager (K Robb), Principal Solicitor (H Macleod), Estates Officer (A Scott), Democratic Services Officer (F Walling).

WELCOME The Chairman welcomed everyone to the meeting.

1. MINUTE. There had been circulated copies of the Minute of 19 February 2019.

DECISIONNOTED for signature by the Chairman.

2. FINANCIAL MONITORING REPORT FOR 12 MONTHS TO 31 MARCH 2019 There had been circulated copies of a report by the Chief Financial Officer, detailing income and expenditure for the year 2018/19 including balance sheet values as at 31 March 2019 and the proposed budget for 2019/20. Ms Robb highlighted the main points of the report and appendices. Appendix 1 to the report provided the actual income and expenditure for 2018/19. This showed a surplus of £10,810 for the year, which was ahead of the projected surplus figure reported at 19 February 2019 mainly due to an underspend in anticipated property costs. Ms Robb also explained that a grant to Lauder Community Leisure Centre approved within 2018/19 had not yet been paid due to the lease agreement not being concluded. Appendix 2 to the report provided balance sheet values as at 31 March 2019. This showed an actual increase in reserves of £1,845. A breakdown of the property portfolio showing the actual rental income for 2018/19 and actual property expenditure to 31 March 2019 was shown in Appendix 3. Appendix 4 provided details of the value of the Kames Capital Investment Fund to 31 March 2019. The fund had a 3.86% unrealised gain in market value since investment, largely due to continued volatility in investment markets. Overall, however taking account of the income received the fund had achieved a return of +9.41% since investment in February 2018. Members discussed the report and received answers from Ms Robb to their questions.

DECISION

(a) AGREED the proposed budget for 2019/20 as shown in Appendix 1 to the report.

(b) NOTED in the appendices to the report:-

(i) the actual income and expenditure for 2018/19 in Appendix 1;

(i) the final balance sheet value as at 31 March 2019 in Appendix 2;

Page 71

(ii) the summary of the property portfolio in Appendix 3; and

(iii) the current position of the investment in the Kames Capital Investment Fund in Appendix 4.

3. APPLICATION FOR FINANCIAL ASSISTANCE FROM LAUDER GOLF CLUB There had been circulated copies of an application for financial assistance from Lauder Golf Club for a contribution of £5,700 towards the purchase of a replacement cutting machine, the total cost of which was £34,200. Copies of a quote for the purchase were circulated at the meeting. The application explained that the Club provided and maintained a golf course for members and for visitors. The Club promoted the game, organised competitions and provided the opportunity to learn the game of golf through coaching with a professional and the ClubGolf scheme for juniors. The Club had a growing membership and a Junior Section for Under 16s. There was a need to replace the cutting machine that was required to maintain the semi-rough. The current machine was 28 years old and was now a constant financial drain on the Club’s funds. Its replacement would ensure relatively trouble free use for at least the next 15 years. The balance of £28,500 for the purchase was being provided from Club funds. Members discussed the application and agreed to grant the full amount requested.

DECISIONAGREED that a sum of £5,700 be granted to Lauder Golf Club as a contribution towards the purchase of a replacement cutting machine.

4. LAUDER GRAZINGS AMENITY WOODLAND There had been circulated copies of a report by the Service Director Assets & Infrastructure seeking consent to allow a grant application to be made on behalf of Lauder Common Good Fund for the planting of trees at Lauder Grazings and approval of the plan showing the location of the proposed planting. Estates Surveyor, Annabelle Scott, explained that the fencing adjacent to the Lauder Burn was in a state of disrepair and some erosion had occurred to the stream banking. In order to comply with SEPA regulations and improve grazing conditions, new fencing and water troughs were required. These improvements should also provide for an improved income from grazing in the long term. An initial site meeting was carried out by SBC and SAC consulting, identifying suitable areas for some amenity planting to improve the visual impact of the Lauder Burn. Public consultation was carried out through the Lauder Community Council and at the Community Council meeting on 15 April 2019. The feedback from this was positive. The proposed planting design was shown in Appendix 1 to the report. The fencing had been provisionally noted as a 3-line wire fence but this may be enhanced to ensure it would be strong enough to contain the horses. The tree planting and associated works would be funded under the Penmanshiel Compensatory Replacement Grant scheme through a twenty year contract. A forecast of the income and establishment costs over the next five years was provided in the report. Any surplus would be reserved for maintenance costs. Once the woodland had been planted the Lauder Common Good Fund would be responsible for future maintenance although this would be monitored for the first ten years by SAC consulting. Members discussed the report and were supportive of the project. In response to a question about maintenance of the woodland after 10 years, Ms Scott confirmed that the Common Good would be responsible but maintenance at that stage would be expected to be minimal. Mr Smith referred to weed control methods and suggested the use of carpet cover, adding that the Community Council were keen to avoid using chemical weedkiller if possible.

DECISIONAGREED to approve the planting of trees as shown on the plan attached to the report with SAC Consulting acting as agent and the Council’s Penmanshiel Compensatory grant scheme as funder.

5. LAUDER COMMON WOODLAND Page 72

With reference to paragraph 5 of the Private Minute of 19 February 2019, Ms Scott gave a verbal update regarding proposed tree planting on Lauder Common. She explained that there still had not been a response from the agent for the tenant of the parcel of land at the south of the Common, where agreement was still to be reached. Ms Scott confirmed that the proposals had been discussed at a meeting of Lauderdale Community Council. Members stressed the need to move on with this project and it was agreed to bring forward the date of the next meeting of the Sub Committee to receive a report.

DECISIONNOTED

6. URGENT BUSINESS. 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.

6.1 FLAG FLYING POLICY The Chairman explained that a request had been made by a Lauder resident for permission to fly the Rainbow Flag above the Town Hall, Lauder from 21 – 24 June 2019 to coincide with the Pride Edinburgh event. It was noted that when this flag had been flown last year complaints had been received on the basis that no other flag was flown in Lauder apart from the Union Flag and Saltire. However Members clarified that there were other flags flown on the Town Hall for other events including for the Tour de Lauder, Armed Forces Day and at Lauder Common Riding. The Chairman referred to the Scottish Borders Council protocol on flying flags, which was in line with National Flag Protocol and felt there was justification to adopt the same protocol for flag flying above Lauder Town Hall. Mr Smith advised that there had been some discussion on the subject by the new Lauder Community Council and that it was also on the agenda for discussion at the next meeting. After a lengthy discussion which included a diversity of views, Members agreed to ask the Community Council to agree principles of flag flying in general and that these views be taken into account alongside Council policy in determining a future protocol for Lauder. In the meantime, until such time a protocol was in place, it was agreed to give permission for the Rainbow Flag to be flown this year from 21 – 24 June.

DECISIONAGREED:-

(a) to give consent for the Rainbow Flag to be flown above Lauder Town Hall from 21 – 24 June 2019; and

(b) that a protocol for flag flying above Lauder Town Hall be discussed at the next meeting, taking into account the views of Lauder Community Council along with the Flag Flying protocol adopted by Scottish Borders Council.

7. PRIVATE BUSINESSAGREED 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 the Appendix 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

8. MINUTE The private section of the Minute of 19 February 2019 was noted.

The meeting concluded at 9.50 am

Page 73

This page is intentionally left blank

SCOTTISH BORDERS COUNCILWILLIAM HILL TRUST SUB-COMMITTEE

MINUTE of Meeting of the WILLIAM HILL TRUST SUB-COMMITTEE held in the Convener's Office, Council Headquarters, Newtown St Boswells on Wednesday, 19 June 2019 at 9.50 am

Present:- Councillors D. Parker (Chairman), K. Drum and T. Miers.

In Attendance:- Pensions & Investment Manager, Principal Solicitor (H. MacLeod), Democratic Services Officer (F. Walling).

1. MINUTE. There had been circulated copies of the Minute of 14 November 2018.

DECISIONNOTED the Minute.

2. FINANCIAL MONITORING REPORT FOR 12 MONTHS TO 31 MARCH 2019 There had been circulated copies of a report by the Chief Financial Officer giving details of the income and expenditure for the William Hill Trust Fund for the year 2018/19 as well as a balance sheet as at 31 March 2019, and proposed budget for 2019/20. The Pensions & Investment Manager, Kirsty Robb, referred to work undertaken by the Council in 2017 to reduce the number of individual trusts and bequests. Consultation and individual meetings were held during the year and a report was agreed at Council on 21 December 2017. The report had resulted in the William Hill no 1 transferring to the SBC Community Enhancement Trust and the William Hill no 2 transferring to the SBC Welfare Trust, ring fenced for Melrose and district, from 1 April 2018. Ms Robb went on to highlight the key points of the report. Appendix 1 to the report detailed the actual income and expenditure position for 2018/19. This showed an overall surplus of £14,676 which was ahead of the projected surplus figure reported at the last meeting. This was the result of an increase in dividend income from the Kames Investment Fund. A budget surplus of £16,715 was proposed for 2019/20. Appendix 2 provided a balance sheet value as at 31 March 2019. It showed an increase in reserves of £16,190. The value of funds invested with Kames Capital to 31 March 2019 was shown in Appendix 3 to the report. The fund had a 3.86% unrealised gain in market value since investment, largely due to continued volatility in investment markets. Overall, however, taking account of the income received the fund had achieved a return of +9.41% since investment in February 2018. The cash held by the fund was £45,160 an in-year net increase of £14,489. Members discussed whether to move another cash sum into the Kames Investment Fund but agreed to delay this decision until the next meeting.

DECISION

(a) NOTED and as shown in the appendices to the report:-

(i) the actual income and expenditure for 2018/19 in Appendix 1;

(ii) the final balance sheet value as at 31 March 2019 in Appendix 2;

Page 75

(iii) the current position of the investment in the Kames Capital Fund in Appendix 3; and

(iv) the short, medium and long term performance of the Kames Capital Funds against its peers in Appendix 3.

(b) AGREED the proposed budget for 2019/20 as shown in Appendix 1

The meeting concluded at 9.55 am

Page 76

MINUTES of Meeting of the CHEVIOT AREA PARTNERSHIP held in The Assembly Room, Jedburgh Grammar School on Wednesday, 19 June 2019 at 6.30 pm.

Present:- Councillors S. Hamilton (Chairman), J. Brown, S. Mountford, E. Robson, S. Scott, T. Weatherston together with 16 Representatives of Partner Organisations, Community Councils and Members of the Public.

In attendance:- Communities and Partnership Manager, Locality Development Co-ordinators (Colin Banks and Gillian Jardine), Strategic Community Engagement Officer, Community Police Officer (Gina Dickson), Democratic Services Officer (F. Henderson).

Members of the Public:- 1

1.0 WELCOME AND INTRODUCTIONS1.1 The Chairman welcomed everyone to the Cheviot Area Partnership and thanked the

Community Councils, Partners and local organisations for their attendance, and for participating and putting forward ideas.

2.0 INSPIRE LEARNING2.1 Senior Lead Education Officer, Catherine Thomson, was in attendance to give a

presentation on the Inspire Learning Programme being implemented by Scottish Borders Council (SBC), which would transform teaching and learning in schools to the benefit of all pupils and teachers. A key part of the Digital Learning Strategy, the programme was a £16m investment in a world-class digital learning environment for all pupils. It included plans for Apple iPads to be provided to all P6-S6 pupils and shared devices at a ratio of one for every five P1-P5 pupils. With the aid of a PowerPoint presentation, Ms Thomson emphasised that technology had changed how we communicate, live, work and how we learn. A mobile digital learning device was an effective tool in engaging students in reading to improve literacy, support them with creative ways of producing content and help deepen their understanding and research skills. An iPad would also provide students with access to web resources, raise attainment and support equity and inclusion for all children and young people. Ms Thomson advised that the deployment of iPads to teachers was taking place through the month of June. In terms of teacher support, introductory training would be provided to staff to provide information about how to use the iPads in a classroom setting. In addition to the Project team and Inspire Executive Board, the programme had 2 dedicated Apple trainers and Inspire Cluster Leaders and Inspire School Leaders to provide additional support. The roll-out of iPads to pupils would start with Secondary Schools in Selkirk, Kelso and Hawick from August to December 2019; Earlston, Peebles and Eyemouth from January to March 2020; and Galashiels,Jedburgh and Berwickshire from April to June 2020.

2.2 Ms Thomson then introduced Inspire Learning Trainer, Ali Taylor, to give a

Page 77

practical demonstrate of how the iPads could be used in the classroom. Volunteers were invited to join in a mock classroom interactive exercise using the iPads provided on the tables. Ms Taylor explained how teachers could maintain control through the facility to lock and unlock the iPads and demonstrated how they would be able to view any iPad in the class, project work onto a screen and provide instant feedback. The iPads allowed teachers and parents to view live examples of pupils work and provide useful and timely feedback. In response to questions, Ms Taylor advised that pupils would not have keyboards to accompany the iPads but that there would be peripheral equipment such as projectors and Apple TVs to support their use and there would also be network upgrade. She confirmed that there would be a team of teachers to work as digital leaders throughout the roll-out programme. In response to a question about the health and safety implications of pupils continually using Wifi, Ms Thomson advised that Bluetooth had been used for the demonstration so the equipment did not necessarily need Wifi.

3.0 PROVISION OF OUTDOOR COMMUNITY SPACES3.1 There had been circulated copies of a report by the Service Director Assets &

Infrastructure setting out guidance and recommendations for the Cheviot Area for future investment in Public Play facilities and proposals for the removal of obsolete play areas. The proposals referred to were agreed as part of the Council’s 2018/19 Capital Investment Plan and updated within the Capital Investment Plan of 2019/20. Neighbourhoods Operation Manager, Jason Hedley and Neighbourhood Senior Asst Manager, Fraser Dunlop, were in attendance at the meeting to present the report and to ask for feedback from communities on the proposals. Mr Hedley explained that the 2019/20 Capital Investment Plan had funding of £5.036m for investment within Outdoor Community Spaces over the next 10 years. This presented a tremendous asset for communities, but also brought a maintenance burden, for which no additional revenue resources were being provided. As part of the original investment within the 2018/19 Capital Investment Plan, it was simultaneously agreed by Council to review the distribution of play equipment provision across play parks in the Borders, which could:

(1) inform decision making around future investment in communities; and(2) guide the rationalisation of obsolete play facilities which were deemed no

longer fit for purpose, ensuring a cost neutral impact on established budgets with the service.

The removal of obsolete facilities was required to ensure there was a cost neutral impact on established budgets within the service.

3.2 Mr Hedley explained that the Scottish Borders currently had 243 play parks, includingthose located within schools, ranging from smaller local areas for play (LAPs) to strategic destination play parks. In comparison with other Local Authorities in Scotland who had similar characteristics, the Scottish Borders had significantly more play parks per head of population than the average; however, the average play value of the facilities (i.e. quality of provision) was significantly lower than the average. In recent years a more significant level of investment in play across the Scottish Borders had been delivered through the Council’s capital programme supplemented by a range of different opportunities that have been realised by community led initiatives. These were shown in an appendix to the report and included, most recently, facilities in Wilton Lodge Park, Hawick and in the Public Park, Galashiels. The strategy was to now provide further additional high quality facilities in a range of other locations across

Page 78

the region. Alongside these strategic sites, the Council was committed to reviewing the wider network to ensure that local play provision continued to best serve communities. The review had considered Play Value (a standard assessment based on Fields in Trust criteria); In-house inspection; and proximity to other similar or better facilities. As a result of the assessment, 74 play parks had been identified as meeting the criteria for being decommissioned, those within the Cheviot area being listed in a table within the report.

3.3 The officers responded to questions and noted feedback from those present at themeeting. It was confirmed that a community group could take over and develop a playpark if it wished to do so (as had occurred at Selkirk and Stow). In fact community groups were at an advantage in that they had access to other sources of funding. Thiswould be subject to the group accepting ongoing responsibility for maintenance. Mr Hedley confirmed that the Council would engage with any community group that met the criteria, with regard to a land/asset transfer. It was emphasised that no play park would be decommissioned until a reasonable alternative had been identified and investment completed. In further discussion, issues of social disadvantage were raised, it being pointed out that some of the recent investment into play facilities were at locations which required access by car. Local knowledge and the importance of communities providing feedback on the proposals was invaluable and feedback could be provided via the Council’s website.

DECISION(a) AGREED:-

(i) to acknowledge the proposals contained in the report; and

(ii) that Officers request feedback on any specific aspects the Area Partnership wished to be considered prior to the implementation of the report as outlined;

(b) NOTED that no play park would be decommissioned until the investment in the new play park had been completed.

4.0 FEEDBACK FROM MEETING ON 17 APRIL 2019 4.1 The minute of the meeting of the Cheviot Area Partnership held on 17 April 2019 had

been circulated. A summary of the discussion and review of the priorities identified in the draft Cheviot Locality Plan was attached as an appendix to the Minute.

5.0 RURAL TRANSPORT: AREA PARTNERSHIP PRIORITIES

5.1 The Chairman referred to the Rural Transport Conference being held on 28 June 2019 at Council Headquarters. There had been a huge amount of interest in the conference to the extent that it was over-subscribed. However he invited those present to take part in a round table discussion on rural transport and confirmed that views and any specific rural related issues and priorities identified would be raised at the conference on behalf of Cheviot Area Partnership. The Locality Development Co-ordinator provided a template to aid the discussion and on which points could be recorded. A summary of the output of the discussion was attached as an appendix to this Minute.

6.0 NOMINATIONS FOR SBC ELECTED MEMBER FOR THE COMMUNITY COUNCILSCHEME REVIEW WORKING GROUP

Page 79

6.1 Nominations were invited for an Elected Member from the Cheviot Area Partnership to join the Community Council Scheme Working Group. Councillor Scott, seconded byCouncillor Brown, nominated Councillor Robson. There being no further nominations, Councillor Robson was duly appointed.

DECISIONAGREED that Councillor Robson represent Cheviot Area Partnership on theCommunity Council Scheme Review Working Group.

7.0 NEIGHBOURHOOD SMALL SCHEMES 7.1 There were circulated at the meeting copies of a note by the Service Director – Asset

and Infrastructure which sought approval from Members for delegated powers for future applications for Small Schemes. The report explained that to ensure applications for Small Schemes are dealt with timeously, Members were asked to delegate authority to the Service Director Assets and Infrastructure to approve future applications in 2019/20 subject to conditions.

DECISIONAGREED that authority to approve future applications in 2019/20, be delegated to the Service Director – Assets & Infrastructure subject to the following:

(a) Application(s) for projects to be carried out from Small Schemes were received, assessed and costed by Council Officers;

(b) Officers would then send details of the project(s) to Elected Members along with a recommendation for their consideration;

(c) Elected Members would advise appropriate Council Officers of their support or otherwise for a particular project – support would be required from a majority of Elected Members for a project to proceed;

(d) Should support by the majority of Members not be given for a project, this application would be refused;

(e) Details of projects funded from the Small Schemes budget would be presented to the Cheviot Area Partnership as part of any future updates on Grants and Funding; and

(f) Any application for Community Fund funded projects be directed to the Communities and Partnership Team.

8.0 CHEVIOT COMMUNITY FUND 2019-20 APPLICATIONS8.1 An explanation of the SBC’s Community Fund application process was included in the

information on the tables at the meeting. This was a fund available to community andvoluntary groups to help support community activity. Grants of up to £5k for non constituted groups and £10k for constituted groups were available. In exceptional cases up to £30k was available for constituted groups. Applications submitted to SBC were assessed by the Communities and Partnership team and if they met the fund criteria, would go forward to Area Partnership meetings with an officer recommendation. Assessments would be included in agenda papers and those who

Page 80

attended the Area Partnership meetings would be asked if they agreed with the recommendation made by the SBC officer. Ms Smith referred to the Interim Assessment forms, circulated at the meeting and summarised below, which gave details of an application for Cheviot Area Partnership to consider:-

8.2 Kalewater Community Company Funding of £2,625 had been requested by the organisation Kalewater Community Company to fund archaeological work (planning condition) and associated wider community engagement of that work on an area of land which was now in the ownership of Morebattle community. The total cost of the project was £2,925 and £300 in-kind volunteer time (2-3 days @ £50 per day) to support the archaeological investigation and presentation to the Community. The recommendation to the Cheviot Area Partnership was to approve the funding request in full.

DECISIONAGREED to grant £2,625 from the 2019/20 Community Fund to Kalewater Community Company to fund archaeological work (planning condition) and associated wider community engagement of that work on an area of land which was now in the ownership of Morebattle community.

9.0 DATE OF NEXT MEETING9.1 The next meeting would be held on Wednesday, 25 September 2019 in Kelso at 6.30

p.m. The theme of the meeting would be confirmed in due course.

The meeting closed at 8.30 p.m.

Page 81

Page 82

Appendix 1

Cheviot Area PartnershipTransport related discussion output (prior to 19th June 2019)

Issues:

Public transport not great, no joined up thinking. Elderly people struggle to access transport for the Borders General Hospital

Transport to Borders General Hospital an issue – could multiple appointments for one area be clustered?

Rural area –distances to access health and social care are an issue in many cases.

Scottish Ambulance Service have tightened criteria for patient transport – creating big demand for community transport – which isn’t free, though far cheaper than taxi’s but need more volunteer drivers.

Better links to community transport from BGH Organise BGH clinics on a geographical client basis to simply transport and

make it more economical, sustainable and greener. Under 16 free rail pass. Young people shouldn’t have to pay the full price for

tickets Free bus passes for young people Transport – School leavers access to work and further information, reliance on

limited bus services, how to move between rural areas Transport free for young people Free buses for the young to encourage them to access jobs/education but stay

in the Borders. Accessible transport – getting to college, work, health appointments and social

events. Any good examples elsewhere? Rural transport needs improved and Kelso links to main routes

Transport links to the Cheviot area Lack of public and community transport Unreliable buses Poor public transport Improve bus service Transport NB - bus stops in on Jed high street. Need to deal with car parking on

street! Too expensive and not enough options e.g. £8 for gala return. Bus drivers not

believing people are the right age to have a bus pass.

Page 83

Appendix 1

Need to maintain and improve bus services - connection to Hawick ok but more problematic to central Borders and beyond - need to avoid rural isolation – links to jobs and opportunities.

Infrastructure of the future - start planning now. More sustainable methods of transport. Cycle pathways need to be improved. More sustainable modes of transport, lost the bus services!

Solutions:

Transport links – better bus links, be creative to help people move around

Access anywhere – Skype Doctor appointments – might be easier virtually for mental health, for young people?

Skype facility to speak to a consultant? Access Anywhere in Highland and Lanark – digital upskilling?

Community Transporto need to look at other projects in the Borders and Scotlando volunteer based and publicised - “how do you let people know”

- think of audience mix of hard copy, digital, landline, notices and leaflets

Transport - one stop shop to reduce number of journeys, co-ordination of appointments on a geographical basis

Transport infrastructure required e-Car scheme minibuses would be available for community use Transport need amongst different age groups will have been

mapped and timetables, availability etc. will have responded to this Different travel models will have been explored Needs to have a sustainable infrastructure Improved car parking provision Joined up thinking when planning transport and local services is evident Railway

Page 84

Appendix 1

Rural Transport Discussion Points (19.06.19) Comments Suggestions

Rural bus network • Who puts timetables together? • Waited service?How could rural bus networks better meet the needs of • Lack of communication/consultation by bus operators • Adjust timings?

users? • Better linkage/connection between different buses & service • More encouragement to use public transportoperators • Better connection times and more appropriate wait times

• Bus competes with the rail network • Technology - to book in advanceWhat role could technology have in providing a better service?

• No bus to/from Morebattle between Saturday night and Monday morning

••

Make sure timetables correspondApp on phones which shows bus times – Borders Buses &

• Bus from Howdenburn misses the connection to the Edinburgh Traveline already do thisExamples of good rural networks? bus (different operators) • Book a bus system / Community taxi services

• On-demand services • Electronic/digital bus timetables in Kelso & Jedburgh bus stations• Jedburgh school children have to leave classes early to attend and on some bus stops

College and change in St Boswells • Need to make sure that services run by different companies will• Joined up thinking needed! wait for a ‘connecting’ bus when it’s been delayed otherwise• Use taxi-buses – Demand Responsive Transport people are stranded!

o It works, e.g. Smailholm works very well • Same applies at Tweedbank where a bus doesn’t wait for a train• Online bookings to come in!• Use tokens (entitlement based on need) – can be ‘cashed in’

by taxi firm• Young Scot card for use on buses?

Community transport •• Cheviot Wheels • More volunteer driversExamples or ideas of flexible and innovative community transport solutions?

• TeleHealtho in surgery building?

o Using their own car (mileage?)o Similar idea to Uber

o rooms in schools? • West Linton taxi schemeo Village halls? • Fife model of booking transport – Ring & Ride

Could communities play more of a role in providing • Border couriers, hospital supplies, other delivery people etc. • After school taxis drop off, can they pick up for hospital runs?transport solutions / opportunities? could provide alternative solutions • Car share - is there an app?

• Community wheels is small scale (Teviot Wheels) • Tokens could also be used for community transport?Are there other transport schemes we could learn from?

• Volunteers are taking people to hospital appointments but taking business away from Taxis

• Other examples: Richmond & District, Thirsk & District• Wheels services & RVS provided 31,000 passenger trips

last year with volunteer drivers• Communities could commission a regular community transport

service e.g. for shopping – but would have to be paid for.• Or car shares – care needed re. insurance• E-bike schemes – is there funding? Yes, Scottish Government

funding now liveOther transport solutions • Could the eCar scheme be a solution for volunteer drivers? • App or Facebook page to share journey details so people canWhat role could the new SBC E-Car club scheme & • Not many charging points in this area? share

other car club schemes, and South of Scotland • SBC car club is dual fuel • Have cars available 7 days a week

Economic Partnership, play in improving transport • Loan out to local champions for trials • Electric charging points put into all new houses

opportunities in the area? ••

Evenings and weekends?eCar scheme need to be placed in rural communities

••

Interchangeable batteries More charging points

• Car share schemes need to be promoted• Taxi scheme

Page 85

Appendix 1

Page 86

SCOTTISH BORDERS COUNCILGALASHIELS COMMON GOOD FUND SUB COMMITTEE

MINUTE of Meeting of the GALASHIELS COMMON GOOD FUND SUB COMMITTEE held in Committee Room 3, Council Headquarters, Newtown St Boswells. TD6 0SA on Thursday, 20 June 2019 at 2.00 pm

Present:- Councillors S. Aitchison (Chairman), A. Anderson, E. Jardine and Community Councillor R. Kenney

Apologies:- Councillor H. Scott

In Attendance:- Treasury Business Partner, Community Services Managing Solicitor, Estates Surveyors (A. Scott and J. Stewart), Democratic Services Officer (F. Walling).

1. MINUTE. 1.1 There had been circulated copies of the Minute of 14 March 2019.

DECISIONAPPROVED the Minute for signature by the Chairman.

1.2 With reference to paragraph 3 of the Minute, regarding the Ladhope Recreation Trails project, the Chairman had been aware of a possible misinterpretation of the Minute and wanted to clarify the position of Galashiels Common Good Fund Sub Committee, as trustees of part of the land in question; and the extent of its support at this stage. He made specific reference to the decision recorded in the Minute and reiterated the wording, that the Sub Committee ‘agreed to support the project going forward for wider public consultation ….’. The Estates Surveyor, Annabelle Scott, had received confirmation from the Lead Planning Officer that any change to the existing pathways and their use would require planning permission. Mr Kenney advised that consultation had taken place the previous week and that Galashiels Community Council was expected to formally ratify support for the project at their next meeting.

1.3 With reference to paragraph 4 of the Minute regarding property matters, Ms Scott confirmed that the tree planting at Ladhope had been completed and that repairs to the march dykes at Ladhope golf course were being undertaken. Councillor Anderson drew attention to the state of the road to the cemetery at Ladhope, where the wooden fence had partially collapsed. The Estates Surveyor agreed to look into this and to liaise with the Neighbourhood Area Manager about the repairs required.

DECISION

(a) NOTED the updates.

(b) AGREED that the Estates Surveyor investigate repairs required to the wooden fence alongside the road to the cemetery at Ladhope.

2. FINANCIAL MONITORING REPORT FOR 12 MONTHS TO 31 MARCH 2019 There had been circulated copies of a report by the Chief Financial Officer providing details of income and expenditure for the year 2018/19 including balance sheet values as at 31 March 2019 and proposed budget for 2019/20. Treasury Business Partner, Sara

Page 87

Halliday, highlighted the main points of the report and appendices. She explained that, during 2017 the Council undertook work to reduce the number of individual trusts and bequests. Consultation and individual meetings were held during the year and a report was agreed at Council on 21 December. The report had resulted in the Ex Provost Mercer Trust being transferred into the Galashiels Common Good Fund from 1 April 2018. Appendix 1 to the report provided actual income and expenditure for 2018/19. This showed a surplus of £3,476 for the year which was slightly better than the projected surplus figure reported at the 14 March 2019 meeting. Included in the final out-turn position were dividends from the Common Good Funds investment in Kames Capital amounting to £8,400, which was in line with the overall 5% target and the monthly distribution profile projections provided by Kames. The Balance Sheet values to 31 March 2019 and a projected balance as at 31 March 2020 were shown in Appendix 2 to the report. It showed a decrease in the reserves of £29,064 in 2018/19. Appendix 3 provided a breakdown of the property portfolio showing projected depreciation charges and actual property expenditure to 31 March 2019. The current position of the Kames Capital Investment Fund was shown in Appendix 4 to the report. In response to a question about the figure of £1,100 included for grants and donations within the proposed budget for 2019/20, Ms Halliday explained that this was based on average grants paid from Galashiels Common Good Fund over previous years and that the amount paid out for grants and donations during the year was at the discretion of Members.

DECISION

(a) NOTED within the appendices to the report:-

(i) the actual income and expenditure for 2018/19 in Appendix 1;

(ii) the final balance sheet value as at 31 March 2019 in Appendix 2

(iii) the summary of the property portfolio in Appendix 3; and

(iv) the current position of the Kames Capital Investment Fund in Appendix 4.

(b) AGREED the proposed budget for 2019/20 as shown in Appendix 1 to the report.

3. URGENT BUSINESS 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.

3.1 Following a discussion about whether there was a need for the current frequency of meetings of Galashiels Common Good Fund Sub Committee, in view of the limited amount of money available for grants and donations, the suggestion was made to move from the current four scheduled meetings a year to one annual meeting to approve the end of year financial accounts. This would be subject to the flexibility to call additional meetings during the year should there be any substantial change in the financial position, any application for funding or any other business that required attention. This was agreed, subject to the agreement of the Clerk to the Council.

DECISIONAGREED that, subject to agreement of the Clerk to the Council, Galashiels Common Good Fund Sub Committee move to one scheduled meeting per year on the understanding that additional meetings would be arranged if required.

The meeting concluded at 2.25 pm

Page 88

SCOTTISH BORDERS COUNCILCIVIC GOVERNMENT LICENSING COMMITTEE

MINUTE of Meeting of the CIVIC GOVERNMENT LICENSING COMMITTEE held in Committee Rooms 2 and 3 on Friday, 21 June 2019 at 10.30 a.m.

Present:-

Apologies:-

Councillors J. Greenwell (Chairman), J. Brown, D. Paterson, N. Richards, R. Tatler, E. Thornton-Nicol, T. Weatherston.

Councillors G. Turnbull, S. Scott.

In Attendance:- Managing Solicitor – Property and Licensing, Licensing Team Leader, Licensing Standards and Enforcement Officers (Mr I. Tunnah), Democratic Services Officer (F. Henderson), Inspector J. Scott - Police Scotland.

1.0 MINUTE The Minute of the Meeting of 31 May 2019 had been circulated.

DECISION APPROVED and signed by the Chairman.

2.0 LICENCES ISSUED UNDER DELEGATED POWERS There had been circulated copies of the Civic Government and Miscellaneous Licences issued under delegated powers for the period 16 May – 11 June 2019.

DECISION NOTED.

3.0 PRIVATE BUSINESSDECISIONAGREED 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 the Appendix to this Minute on the grounds that they involved the likely disclosure of exempt information as defined in paragraph 12 of part 1 of Schedule 7A to the Act.

SUMMARY OF PRIVATE BUSINESS

4.0 LICENSING OF TAXI, PRIVATE HIRE VEHICLES AND DRIVERS Hearings to consider grant of Taxi Driver Licences There had been circulated copies of an application for the grant of a Taxi Driver Licence together with a letter of objection dated 1 March 2019 from Police Scotland. The Applicant was present and represented by his legal agent. After hearing from all parties, the Committee agreed that the Licence be granted.

5.0 There had been circulated copies of an application for the grant of a Taxi Driver Licence together with a letter of objection dated 23 May 2019 April 2019 from Police Scotland. The Applicant was present at the meeting. After hearing both parties, the Committee agreed that the Licence be refused.

Page 89

6.0 MINUTEThe Private section of the Minute of 31 May 2019 was approved.

The meeting concluded 11.25 a.m.

Page 90

SCOTTISH BORDERS COUNCILAUDIT AND SCRUTINY COMMITTEE

MINUTE of Meeting of the AUDIT AND SCRUTINY COMMITTEE held in Committee Rooms 2 and 3 on Tuesday 25 June 2019 at 10.15am

Present:- Councillors S Bell, (Chairman), H. Anderson, K. Chapman, S. Hamilton, H. Scott, E. Thornton-Nicol, Ms H Barnett

Apologies:- Councillors J. Fullarton, N. Richards, S. Scott, Mr M MiddlemissIn Attendance:- Chief Financial Officer, Chief Officer Audit and Risk, Mr A. Haseeb - Audit

Scotland, Democratic Services Officer (J. Turnbull), Trainee Democratic Services Officer

--------------------------------

AUDIT & SCRUTINY BUSINESS

1. MINUTEThere had been circulated copies of the Minute held on 13 May 2019.

DECISIONAPPROVED for signature by the Chairman.

2. ACTION TRACKER With reference to paragraph 2 of the Minute of 13 May 2019, there had been circulated copies of the Action Tracker for the Audit and Scrutiny Committee. It was noted that the provisional date for the informal session on the Treasury Management Strategy remained as scheduled for 25 November 2019. Once received from Officers, any updates on the Risk Management Services and the progress on the speed bumps in Langlee Drive would be added to the action tracker. Mr Robertson reported that the briefing note and joint performance report for Council was still ongoing. Ms Stacey advised that any progress following today’s meeting would be added to the action tracker and any items marked as completed would be removed.

DECISION NOTED the Action Tracker.

AUDIT BUSINESS

3. UNAUDITED REPORTS AND ACCOUNTS 2018/193.1 With reference to paragraph 5 of the Minute of 26 June 2018, there had been circulated

copies of a report and associated papers by the Chief Financial Officer on the draft Annual Report and Accounts for Scottish Borders Council, Scottish Borders Council Pension Fund, Common Good Funds, Charitable Trusts, Bridge Homes LLP, SB Supports LLP, SB Cares LLP and Lowood Tweedbank Ltd.. The report provided the Audit and Scrutiny Committee with an opportunity to scrutinise the draft Annual Reports and Accounts for the year ended 31 March 2019 for Scottish Borders Council and associated Group Accounts prior to submission for External Audit Inspection by the statutory deadline of date of 30 June 2019. The report summarised the financial transactions for 2018/19 and the balance sheet positions as at 31 March 2019 as set out in the Local Authority Accounts (Scotland) Regulations 2014. In addition, Section 12 of the Local Government in Scotland Act 2003 required annual accounts to be prepared in accordance with proper accounting practice, primarily comprising the Code of Practice on Local Authority

Page 91

Accounting in the United Kingdom 2017/18 and the Service Reporting Code of Practice 2017/18 supported by International Financial Reporting Standards (IFRS). The Pension Fund Accounts were required to adhere to the Local Government Pension Scheme Amendment (Scotland) Regulations which specified what must be contained in the Annual Report and Accounts. The Common Good and Trust Reports adhered to the Accounting and Reporting by Charities: Statement of Recommended Practice applicable to charities preparing accounts in accordance with the Financial Reporting Standard for Smaller Entities (FRSSE), the Charities and Trustee Investment (Scotland) Act 2005 and the Charities Accounts (Scotland) Regulations 2006 (as amended). Following audit and a public inspection period the finalised Audit report and Audited Accounts would be submitted to Council in September 2019.

3.2 The Chief Financial Officer then summarised Scottish Borders Council draft reports and accounts by means of a presentation. He detailed the 2018/19 highlights which included – a Revenue out-turn of £1.302m underspend; and £16.414m of Financial Plan savings delivered, of which 71% was recurring. Net Assets (excluding Pension Fund liabilities) had increased by £6.2mm net on the Balance Sheet. Capital Expenditure was £47.8m with Fixed Asset NVB of £552.2m. The presentation included the requirements under the Local Authority Accounts (Scotland) Regulations 2014 and the Council’s own Accounts timetable. The Chief Financial Officer advised that the Council’s Audited Accounts would be available for public inspection for a 14 day period from 1 July and were required to be published on its website no later than 31 October 2019. The presentation included an analysis of Revenue Expenditure by department and a breakdown of how efficiency savings had been achieved. An increased turnover of £1m or 6.6% to £16.2m was reported in respect of external trading by SB Contracts and Members noted that this was as a direct result of a continuing challenging external market. Mr Robertson went on to explain the - Statutory Accounting Adjustments; General Fund Balances; Balance Sheet overview; and Capital Out-turn for 2018/19. Group Accounts were consolidated as detailed in the full report for Scottish Borders Council. Mr Robertson gave a full explanation to Members’ questions with regard to the permanent and temporary savings, exit packages and clarity on the Lowood Tweedbank Accounts. The Chair asked specific questions around Waste Management, Strategic Housing, Risk Management and Non-Domestic Rate income of which Mr Robertson responded fully.

3.3 With reference to the Pension Fund Annual Report and Accounts, Mr Robertson confirmed that Scottish Borders Council was one of the best funded LGPS nationally and the Pension Fund Committee had worked hard during the year to respond to the continually growing governance agenda and increasingly complex pension administration environment the Fund operates within. The value of the Pension Fund had continued to increase with strong returns coming from global equities and the overall fund had grown by 7.6% during 2018/19 with the overall fund value increased to £732.9m, an increase of £48.3m. The report was fully discussed and in response to questions, Mr Robertson advised that in relation to financial planning for pensioners going forward, the fund was moving asset classes to income bearing asset classes – eg rental income, to meet the fund requirements going forward. Managers each had different benchmarks and had worked with an investment advisor and custodian to set benchmarks. The Chairman raised concern at the non-attendance of Members at meetings. Mr Robertson advised that they had all been reminded of their responsibility to attend meetings. With regard to restructuring within local authorities, Members were advised that the merger collaboration consultation paper to gain an understanding across all local authority pension boards, would be presented to CoSLA on Friday.

3.4 The Trustees’ Annual Report and Financial Statements for the year ended 31 March 2019 was discussed and it was noted that the charity now comprised of 12 separate funds with two additional new funds this year, namely Coldstream and Eyemouth Common Good Fund. The total statement of financial activities for year ended 31 March 2019 was £13.5m across the 12 common good funds. In response to a question on the management of rental properties within the Lowood Estate, Mr Robertson advised that the

Page 92

principal activity for Lowood Tweedbank Limited was to act as mid-landlord for Scottish Borders Council of the residential properties within the Estate in order to ensure the continuation of the tenancy arrangements with all income and expenditure paid to the Council.

DECISION

(a) NOTED the Draft Annual Report and Accounts 2018/19 for Scottish Borders Council and associated Group Accounts; and

(b) AGREED to:-

(i) support their submission for review by the External Auditors, Audit Scotland for Scottish Borders Council, Scottish Borders Council Pension Fund, Common Good and Trust Funds Accounts; and

(ii) support submission for review by KPMG who continued to provide the external audit of the Council subsidiaries SB Cares, SB Supports and Bridge Homes.

4. EXTERNAL AUDIT INTERIM MANAGEMENT REPORT 2018/19With reference to paragraph 6 of the Minute of 26 June 2018, there had been circulated copies of an Interim Management Report by Audit Scotland for the year 2018/19. The report summarised the key issues identified during the year and included testing key controls within the Council’s financial systems to gain assurance over the processes and systems used in the preparation of the annual accounts. In addition, Audit Scotland had carried out early substantive testing of income and expenditure transactions. The findings would be used by Audit Scotland to determine its approach during the 2018/19 financial statements audit. Further work had been carried out on the wider dimension audit of reviews. Mr Haseeb advised that some control weaknesses had been identified during the audit as summarised in Exhibit 2 within the report. The Management response/action plan in each case was also included in the report. Officers clarified a number of points raised by Members and Mr Haseeb confirmed that Business World ERP was, in the main, delivering what was expected. There were, however, some aspects of the system that were not yet fully operational but the Chief Financial Officer confirmed that work was ongoing with CGI to resolve these issues within the contract. Mr Haseeb also highlighted the testing carried out on non-domestic rate (NDR) reviews and the risk that the reductions were no longer appropriate for some businesses and that the correct amount of NDR was not being collected. Ms Stacey advised that it had been highlighted to Management, during a recent Internal Audit review, that account reviews be actioned and assessed on a risk basis. It was noted that the Committee had a continuing role to scrutinise the risks highlighted in all areas of Council business.

DECISIONNOTED the report.

5. AUDIT AND SCRUTINY COMMITTEE ANNUAL REPORT 2018/19 AND ANNUAL SELF EVALUATIONWith reference to paragraph 9 of the Minute of 26 June 2018, there had been circulated copies of a report by the Chief Officer Audit and Risk providing Members with the Audit and Scrutiny Committee Annual Report 2018/19. The report noted that the outcome of the self-assessments was a high degree of performance against the good practice principles and a medium degree of effectiveness. Ms Stacey explained that the report also incorporated the Committee’s performance in relation to the terms of reference and the effectiveness of the Committee in meeting its purpose and that it fully complied with best practice guidance as a foundation for sound corporate governance for the Council and the annual self-assessment using the CIPFA Audit Committee Guidance. The report noted that the Committee complied with best practice guidance on Audit Committees to

Page 93

ensure it demonstrated its effectiveness as a scrutiny body as a foundation for sound corporate governance for the Council. It was also noted that the outcome of the self-assessments, carried out during an informal session on 11 March 2019, highlighted a high degree of performance against the Good Practice Principles and a medium degree of effectiveness, the latter which recognised improvement which had been implemented during the year. This was considered to be the result of the familiarisation of the Committee’s role and the audit reporting cycle. Ms Stacey confirmed that the Audit and Scrutiny Committee Annual Report 2018/19 would be submitted to Council in August 2019 to provide assurance that actions would be completed to improve effectiveness and to submit proposals for amendments in relation to the terms of reference of the Committee.

DECISION

(a) APPROVED the Audit and Scrutiny Committee Annual Report 2018/19 which incorporated its self-assessments using the CIPFA Audit Committee guidance; and

(b) AGREED that the Audit and Scrutiny Committee Annual Report 2018/19 be presented to Scottish Borders Council in August 2019, to provide assurance that actions would be completed to improve effectiveness and to submit proposals for amendments in relation to the terms of reference of the Committee, and published on the SBC website

SCRUTINY BUSINESS

6. SCRUTINY WORK PROGRAMME UPDATEWith reference to paragraph 3 of the Minute of 24 September 2018, there had been circulated copies of the Scrutiny Programme for 2019/20 with suggestions for future Scrutiny reviews to be approved by Council. It was noted that presentations on Community Access to Schools and ALEOs/Live Borders would be at the next meeting on 22 August 2019. Members were asked to consider further subjects for inclusion on the list for presentation at future meetings of the Committee.

DECISIONAGREED to:-

(a) note the Scrutiny Work Programme 2019/20;

(b) request that Members of the Committee bring forward by 22 August, any subjects for inclusion on the Scrutiny Work programme;

(c) request that officers liaise with communities/the public to advertise Audit and Scrutiny work and asks that they forward any items they wish to be considered for the Committee’s consideration; and

(d) request that a private report on Non-Disclosure Agreements be presented to a future Audit and Scrutiny Committee.

The meeting concluded at 12.00pm

Page 94

SCOTTISH BORDERS COUNCILSELKIRK COMMON GOOD FUND SUB COMMITTEE

MINUTE of Special Meeting of the SELKIRK COMMON GOOD FUND SUB COMMITTEE held in Committee Room 3, Council Headquarters on Wednesday, 26 June 2019 at 9.00 am

Present:- Councillors G. Edgar (Chairman), C. Penman, E. Thornton-Nicol and Community Councillor T. Combe

In Attendance:- Pension & Investment Manager, Managing Solicitor (R. Kirk), Democratic Services Officer (F. Walling).

1. APPLICATION FOR FINANCIAL ASSISTANCE There had been circulated copies of an application for financial assistance on behalf of Knowepark Parent Partnership, Selkirk. The application was for a contribution towards a project to transform the outdoor spaces, at the primary school, to provide greater opportunities for pupils to connect with nature, grow edibles and benefit from high quality outdoor education. During a series of work days, supported by parent volunteers and local organisations, large wooden planters would be built for fruit trees, soft fruits, herbs, salad plants and other small edibles. There were several skilled tradespeople within the parent community to help lead this part of the project and Scottish Gas Network Community Action Programme had offered a squad of workers for two days of labour and the use of their plant machinery in kind, adding huge value to the budget. A wormery and compost bins would be installed to support food waste education and provide a sustainable source of compost. As funds became available a shed would be added for storage and a greenhouse to allow pupils to grow edible plants from seed. The Parent Partnership was committed to providing a minimum annual funding of £300 to maintain and develop the garden. The Common Good Fund was being asked for £2,000 towards the project. The work would be carried out during July – September 2019 at a total cost of £6,536. A breakdown of the costs was provided on the application form together with details of funds raised from other sources. This included a contribution from the Parent Partnership and a Scottish Government ‘Food4Thought’ grant of £2,000. The applicant confirmed that the plans had been discussed with Scottish Borders Council’s Lead Education Officer, who was happy with the proposals and had given authority for the work to be carried out. Members were enthusiastic in their support for the plans and looked forward to seeing them come to fruition. They agreed unanimously to provide a grant of £2,000 towards the project, subject to the Parent Partnership accepting ongoing responsibility for maintenance of the outdoor growing areas.

DECISIONAGREED to grant £2,000 to Knowepark Parent Partnership as a contribution towards the garden building project at Knowepark Primary School, subject to the Parent Partnership being responsible for continuing maintenance, as outlined in the application.

The meeting concluded at 9.10 am

Page 95

This page is intentionally left blank

MINUTE of Meeting of the EILDON AREA PARTNERSHIP held in the Main Hall, Galashiels Academy. on Thursday, 27 June 2019 at 6.00 pm

Present:- Councillors S. Aitchison, A. Anderson, K. Drum, G. Edgar, D. Parker, H. Scott and E. Thornton-Nicol, 32 Partner representatives, Community Councillors, officers and members of the public.

1. WELCOME AND INTRODUCTIONS The Chairman, Councillor Edgar, welcomed everyone to the meeting of the Eildon Area Partnership and thanked Community Councillors, Partners and local organisations for their attendance. Councillor Edgar explained that the discussion of Area Partnership Priorities at the meeting would focus on Rural Transport. He also referred to the number of items on the agenda and indicated that out of necessity he would be limiting the time spent on each.

2. INSPIRE LEARNING 2.1 Senior Lead Education Officer, Catherine Thomson, was in attendance to give a

presentation on the Inspire Learning Programme being implemented by Scottish Borders Council (SBC), which would transform teaching and learning in schools to the benefit of all pupils and teachers. A key part of the Digital Learning Strategy, the programme was a £16m investment in a world-class digital learning environment for all pupils. It included plans for Apple iPads to be provided to all P6-S6 pupils and shared devices at a ratio of one for every five P1-P5 pupils. With the aid of a PowerPoint presentation, Ms Thomson emphasised that technology had changed how we communicate, live, work and how we learn. A mobile digital learning device was an effective tool in engaging students in reading to improve literacy, support them with creative ways of producing content and help deepen their understanding and research skills. An iPad would also provide students with access to web resources, raise attainment and support equity and inclusion for all children and young people. Ms Thomson advised that the deployment of iPads to teachers was taking place through the month of June. In terms of teacher support, introductory training would be provided to staff to provide information about how to use the iPads in a classroom setting. In addition to the Project team and Inspire Executive Board, the programme had 2 dedicated Apple trainers and Inspire Cluster Leaders and Inspire School Leaders to provide additional support. The roll-out of iPads to pupils would start with Secondary Schools in Selkirk, Kelso and Hawick from August to December 2019; Earlston, Peebles and Eyemouth from January to March 2020; and Galashiels, Jedburgh and Berwickshire from April to June 2020.

2.2 Ms Thomson then introduced Inspire Learning Consultant, Andrew Jewell, to give a practical demonstrate of how the iPads could be used in the classroom. Volunteers were invited to join in a mock classroom interactive exercise using the iPads provided on the tables. Mr Jewell explained how teachers could maintain control through the facility to lock and unlock the iPads and demonstrated how they would be able to view any iPad in the class, project work onto a screen and provide instant feedback. The iPads allowed teachers and parents to view live examples of pupils work and provide useful and timely

Public Document Pack

Page 97

feedback. In response to questions, Mr Jewell advised that pupils would not have keyboards to accompany the iPads but that there would be peripheral equipment such as projectors and Apple TVs to support their use and there would also be network upgrade. He confirmed that there would be a team of teachers to work as digital leaders throughout the roll-out programme.

3. CONSUMPTION OF ALCOHOL IN PUBLIC PLACES The Chairman welcomed to the meeting Chief Legal Officer, Nuala McKinlay, Chief Legal Officer, to provide the background to the current SBC’s consultation on the Consumption of Alcohol in Public Places and to encourage participation. There were in fact just a few days remaining in which to respond to this consultation which was due to end on 30 June 2019. Copies of the questionnaire were available at the meeting and responses could also be made on the Council’s website. Mrs McKinlay explained that in 2013, SBC had considered the introduction of byelaws to prohibit drinking in public places, which would have brought restrictions in place in a number of Border towns. The process had been very lengthy and following a consultation process which received a fairly low level of response, the Council decided in December 2018 to abort the process due to a range of factors and carry out a new and more detailed consultation. SBC was keen to encourage participation and to ensure that views were received from a broad range of people and groups. This time the response had been good with almost 500 responses having been received to date. Mrs McKinlay went on to address some of the misunderstandings about the purpose and effect of the byelaws. These would apply only in certain identified local zones. Any event, for example a local festival/common riding, covered by an Occasional Liquor License would not be affected. Also unaffected would be drinking in designated outside areas associated with public bars and restaurants. In response to a question about how byelaws would be enforced, if introduced, Mrs McKinlay stressed that Police Scotland was in favour of introducing such byelaws as these would provide a useful tool through which drinking in town centres and associated anti-social behaviour could be controlled. Mrs McKinlay encouraged those present to visit the Consultation Hub on the SBC website and submit a response if they had not already done so.

4. PROVISION OF OUTDOOR COMMUNITY SPACES 4.1 There had been circulated copies of a report by the Service Director Assets &

Infrastructure setting out guidance and recommendations for the Eildon Area for future investment in Public Play facilities and proposals for the removal of obsolete play areas. The proposals referred to were agreed as part of the Council’s 2018/19 Capital Investment Plan and updated within the Capital Investment Plan of 2019/20. The Service Director, Martin Joyce, and Eildon Neighbourhood Area Manager, Craig Blackie, were in attendance at the meeting to present the report and to ask for feedback from communities on the proposals. Mr Joyce explained that the 2019/20 Capital Investment Plan had funding of £5.036m for investment within Outdoor Community Spaces over the next 10 years. This presented a tremendous asset for communities, but also brought a maintenance burden, for which no additional revenue resources were being provided. As part of the original investment within the 2018/19 Capital Investment Plan, it was simultaneously agreed by Council to review the distribution of play equipment provision across play parks in the Borders, which could:

(1) inform decision making around future investment in communities; and(2) guide the rationalisation of obsolete play facilities which were deemed no longer fit

for purpose, ensuring a cost neutral impact on established budgets with the service.

The removal of obsolete facilities was required to ensure there was a cost neutral impact on established budgets within the service.

4.2 Mr Blackie explained that the Scottish Borders currently had 243 play parks, including those located within schools, ranging from smaller local areas for play (LAPs) to strategic destination play parks. In comparison with other Local Authorities in Scotland who had

Page 98

similar characteristics, the Scottish Borders had significantly more play parks per head of population than the average; however, the average play value of the facilities (i.e. quality of provision) was significantly lower than the average. In recent years a more significant level of investment in play across the Scottish Borders had been delivered through the Council’s capital programme supplemented by a range of different opportunities that have been realised by community led initiatives. These were shown in an appendix to the report and included, most recently, facilities in Wilton Lodge Park, Hawick and in the Public Park, Galashiels. The strategy was to now provide further additional high quality facilities in a range of other locations across the region. Alongside these strategic sites, the Council was committed to reviewing the wider network to ensure that local play provision continued to best serve communities. The review had considered Play Value (a standard assessment based on Fields in Trust criteria); In-house inspection; and proximity to other similar or better facilities. As a result of the assessment, 74 play parks had been identified as meeting the criteria for being decommissioned, those within the Eildon area being listed in a table within the report.

4.3 The officers responded to questions and noted feedback from those present at the meeting. It was confirmed that a community group could take over and develop a play park if it wished to do so (as had occurred at Selkirk and Stow). In fact community groups were at an advantage in that they had access to access other sources of funding. This would be subject to the group accepting ongoing responsibility for maintenance. Mr Joyce confirmed that the Council would engage with any community group that met the criteria, with regard to a land/asset transfer. Points were raised about the distances between some of the play parks identified in Galashiels for decommissioning and the location of the new high quality play facility in the Public Park (the park at Lee Brae was given as an example). It was considered unreasonable for families to be expected to walk that distance to the nearest play park. Mr Blackie stressed that this was the type of feedback that the Council wanted and would take this into account before any final decisions were made. It was emphasised that no play park would be decommissioned until a reasonable alternative had been identified and investment completed. In further discussion, issues of social disadvantage were raised, it being pointed out that some of the recent investment into play facilities were at locations which required access by car. Mr Joyce reiterated the value of local knowledge and the importance of communities providing feedback on the proposals. He confirmed that feedback could be provided via the Council’s website.

MEMBERCouncillor Parker left the meeting.

5. SMALL SCHEME PROJECTS There had been circulated copies of a report by the Service Director Assets & Infrastructure seeking approval from Members for delegated powers for future applications for Small Scheme projects. Mr Blackie gave a reminder that elected Members, Community Councils and members of the public could request potential Small Scheme projects by contacting him direct, as Eildon Area Manager. To ensure that applications for Small Schemes were dealt with timeously, Members agreed to delegate authority to the Service Director Assets & Infrastructure to approve future applications in 2019/20, subject to the following:

(a) Application(s) for projects to be carried out from the Small Scheme budget were received, assessed and costed by Council Officers;

(b) Officers would then send details of the project(s) to Elected Members in the Eildon Area along with a recommendation for their consideration;

(c) Elected Members would advise appropriate Council Officers of their support or otherwise for a particular project – support would be required from a majority of Elected Members for a project to proceed;

Page 99

(d) Should support by the majority of Members not be given for a project, this application would be refused; and

(e) Details of projects funded from the Small Scheme budget would be presented to the Eildon Area Partnership as part of any future updates on Grants and Funding.

DECISIONAGREED to delegate authority to the Service Director Assets & Infrastructure to allocate funds for Neighbourhood Small Schemes and Quality of Life projects in the Eildon Area in 2019/20, subject to consultation with all ten Eildon Elected Members and approval by at least five Eildon Elected Members.

6. FEEDBACK FROM MEETING ON 7 MARCH 2019 The Minute of the meeting of the Eildon Area Partnership held on 7 March 2019 had been circulated. A summary of the discussion and review of the priorities identified in the draft Eildon Locality Plan was attached as an appendix to the Minute.

7. RURAL TRANSPORT: AREA PARTNERSHIP PRIORITIES The Chairman referred to the Rural Transport Conference being held the following day at Council Headquarters. There had been a huge amount of interest in the conference to the extent that it was over-subscribed. However he invited those present to take part in a round table discussion on rural transport and confirmed that views and any specific rural related issues and priorities identified would be raised at the conference on behalf of Eildon Area Partnership. The Locality Development Co-ordinator provided a template to aid the discussion and on which points could be recorded. A summary of the output of the discussion is attached as an appendix to this Minute.

8. NOMINATIONS FOR SBC ELECTED MEMBER FOR THE COMMUNITY COUNCIL SCHEME REVIEW WORKING GROUP Nominations were invited for an Elected Member from the Eildon Area to join the Community Council Scheme Working Group. Councillor Aitchison, seconded by Councillor Drum, nominated Councillor Edgar. Councillor Scott, seconded by Councillor Anderson, nominated Councillor Thornton-Nicol. As Councillor Thornton- Nicol subsequently declined to stand, Councillor Edgar was duly appointed.

DECISIONAGREED that Councillor Edgar represent Eildon Area Partnership on the Community Council Scheme Review Working Group.

9. EILDON COMMUNITY FUND 2019-20 APPLICATIONS 9.1 An explanation of the SBC’s Community Fund application process was included in the

information on the tables at the meeting. This was a fund available to community and voluntary groups to help support community activity. Grants of up to £5k for non-constituted group and £10k for constituted groups were available. In exceptional cases up to £30k was available for constituted groups. Applications submitted to SBC were assessed by the Communities and Partnership team and if they met the fund criteria, would go forward to Area Partnership meetings with an officer recommendation. Assessments would be included in agenda papers and those who attended the Area Partnership meetings would be asked if they agreed with the recommendation made by the SBC officer. Ms Jardine referred to the Interim Assessment forms, circulated at the meeting and summarised below, which gave details of two applications for Eildon Area Partnership to consider:-

9.2 Friends and Family of Newtown Primary SchoolFunding of £4438.40 was requested by the organisation Friends and Family of Newtown Primary School (FFA NPS) to purchase and install a second ball wall within the grounds of Newtown Primary School to increase sporting activities and improve health and well-being of children and community residents. The total cost of the project was £5438.40,

Page 100

the balance being provided by FFA NPS. It was explained that Newtown Primary School had a school roll of 111 pupils and a nursery of 24 children. There were also 35 young people from Newtown in the S1-S2 age group. The existing ball wall, which was Lottery funded, was well used by children and young people in the village during both the school day as well as evenings and weekends. FFA NPS were requesting a second ball wall which would be placed at the opposite end of the playground to create a full pitch playing facility, enabling team games to be played and a greater number of children and young people to use the ball walls. The recommendation to Eildon Area Partnership was to approve the funding request in full.

DECISIONAGREED to grant £4438.40 from the 2019/20 Community Fund to Friends and Family of Newtown Primary School for the purchase and installation of a second ball wall within the grounds of the School.

9.3 TD1 Youth HubFunding of £4,500 was requested, by TD1 Youth Hub, to furnish a Digital Learning Suite at the TD1 Youth Hub centre with 3 tables, 6 chairs and a sofa and purchase 3 PCs and a printer/scanner, creating a digital learning resource for 11 – 26 year olds. A contribution would also be made towards the cost of replacement flooring for the suite. The total cost of the project was £5,280, the balance being provided by TD1 Youth Hub. Further information was provided on the form in response to the questions asked as part of the assessment of the application. Research carried out by TD1 identified that 16% of 128 young people asked had no internet access at home, 55% said they had no one to teach them about computer use or software and 82% had at some point felt unsafe online. The Digital Learning Suite would be available during all sessions, groups and clubs that TD1 ran. Young people would be supported in their learning with help to progress to further education, training or work opportunities and the suite could be used to complete learner portfolios such as Youth Achievement Awards and SQA awards. The suite would also be available for use by the whole community including TD1 partners such as Apex Scotland, Aberlour, Borders College, Addaction and Works+. The recommendation to Eildon Area Partnership was to approve the funding request in full.

DECISIONAGREED to grant £4,500 from the 2019/20 Community Fund to TD1 Youth Hub to furnish a Digital Learning Suite.

10. OTHER BUSINESS Pauline Grigor, a third sector Community Worker in Galashiels, was introduced to the meeting. Ms Grigor gave a brief update about the development of a Communities Network in Galashiels. She explained that consultation with various groups in the town, e.g. voluntary organisations, church groups, uniform organisations etc. had revealed that community groups often felt isolated and that it would be advantageous to all involved to bring these together into a network. Local elected Members, Energise Galashiels and the Development Trust were very supportive of the initiative. The process of bringing together groups which were currently disconnected could be repeated in other areas and also in rural communities. Members of the Area Partnership welcomed the networking proposals.

11. DATE OF NEXT MEETING The Chairman thanked everyone for their attendance and, before closing the meeting, advised that Eildon Area Partnership would next meet on Thursday, 12 September 2019.

The meeting concluded at 8.35 pm

Page 101

This page is intentionally left blank

Page 102

Eildon Area Partnership

Eildon Transport Discussion

Impacts

Rural Transport – affects transport to work, education and further afield

Borders Railway – people going to Edinburgh but less visiting Borders, Textile Heritage

not apparent when getting off the train. Extending route needed

Rail and transport needs to access smaller towns where there are business premises?

Transport (for older, younger, everyone) for; doctor hospital; shopping; social events

Public transport needs to link up villages and areas of significant deprivation

Availability of public transport – depending where you are – limited leisure facilities –

rural loneliness – stricter regulations around voluntary working – transporting and

working with children and vulnerable groups

I have a bus pass but there is no bus

No co-ordination between buses & trains – not enough public transport – too expensive

Local transport provision beyond scope of public transport

Solutions

Travel – Look at Moped scheme – loan/hire scheme, electric bike scheme, align to apprenticeships/transport to work

scheme

Travel – Roads safe for cycling? Cycle paths? Make use of old branch lines?

Transport – opportunities for people to access – provide services to people to get

home after school etc.

Central transport hub to co-ordinate transport needs (e.g. Gala Wheels)

Reliable transport service – time & stops – operator policy

Improve verges on cycle/walking tracks – could CPO unpaid work assist?

Transport: bus pass – cannot get to bus; Young Scot discount on return tickets;

connected transport; being able to attend after-school and evening events

Transport: scope the issues; negotiate with providers; community bus; community car;

speak to the people – don’t assume

Cycle/walking tracks off road

Transport planning: rural accessibility, timetabling, understanding residents’ needs,

extension of Borders Railway etc.

Local patient transport system- CC cover cost of Petrol. CC area and will cover

neighbouring areas

Support the railway linking to Carlisle – increasing connectivity

Page 7

Minute Item 7

Page 103

Rural Transport Discussion Points Comments Suggestions

Rural bus network How could rural bus networks better meet the needs of users? What role could technology have in providing a better service? Examples of good rural networks?

It would be good to go back to bus timetable pre-Borders Railway as rural community has been negatively impacted by a reduced bus service. The lack of buses to rural areas impacts tourism and the ability of people to travel to tourist destinations Accurate electronic bus information is available Bus tracking app/tracking of buses and other services Not qualified to comment Melrose Gate last bus is at 5pm There are social economic issues. Some communities are completely cut need to prevent social isolation It’s cheaper for a family to take a taxi than use buses There is no Young Scot discount on Borders Buses or Peter Hogg In theory you can buy a single ticket for a journey that involves more than one bus company although it is difficult in practice

North bound service timetable (X95) needs to be revised to meet the needs of local residents. Electric solar panel driven bus information complete with phone charge points. Post bus/River bus concept should be reintroduced if bus passes could be used. Better integration of services and destinations/integrate all Borders transport in an app – display boards at stops

Page 8

Page 104

Community transport Examples or ideas of flexible and innovative community transport solutions? Could communities play more of a role in providing transport solutions / opportunities? Are there other transport schemes we could learn from?

It would be good to have a bus to transport visitors at the weekends to tourist destinations Stow volunteer drive scheme – good practice Post buses were a good idea – maybe bring them back Electric buses – subject to costs (environmental benefit) South Ayrshire, Pembrokeshire and Western Isles – example of community solutions E-bike/bicycle hubs (e.g. Mid Lothian) Funding is too restrictive More flexibility needed in community transport Borders College/SBC minibuses sit unused during the day.

Residents should be involved in review, to give their local knowledge, when services are being changed. How well are tourist destinations serviced by transport?

Other transport solutions What role could the new SBC E-Car club scheme & other car club schemes, and South of Scotland Economic Partnership, play in improving transport opportunities in the area?

Better signposting of car parks and places where buses and cars can park. What are these? We have no information.

E-car in every village community with range of sizes available e.g. 7/9 seater option. SBC E-cars are not available when people need them (during the day on weekdays). Need transport on key routes – connect the high schools

Page 9

Page 105

This page is intentionally left blank

Page 106

SCOTTISH BORDERS COUNCILPLANNING AND BUILDING STANDARDS COMMITTEE

MINUTE of Meeting of the PLANNING AND BUILDING STANDARDS COMMITTEE held in Scottish Borders Council, Council Headquarters, Newtown St Boswells TD6 0SA on Monday, 1 July, 2019 at 10.00 am

Present:- Councillors T. Miers (Chairman), S. Aitchison, J. A. Fullarton, S. Hamilton, S. Mountford, C. Ramage and E. Small

Apologies:- Councillors A. Anderson and H. Laing

In Attendance:- Lead Planning Officer (B. Fotheringham), Principal Planning Officer (C. Miller), Senior Roads Planning Officer (A. Scott), Solicitor (E. Moir), Democratic Services Officer (F. Walling).

1. MINUTE. There had been circulated copies of the Minute of the Meeting held on 3 June 2019.

DECISIONAPPROVED for signature by the Chairman.

2. APPLICATIONS. There had been circulated copies of reports by the Service Director Regulatory Services on applications for planning permission requiring consideration by the Committee.

DECISIONDEALT with the applications as detailed in Appendix l to this Minute.

DECLARATION OF INTERESTCouncillor Fullarton declared an interest in application 18/01804/FUL in terms of Section 5 of the Councillors Code of Conduct and left the Chamber during the discussion.

3. APPEALS AND REVIEWS. There had been circulated copies of a briefing note by the Chief Planning & Housing Officer on Appeals to the Scottish Ministers and Local Reviews which had been received and determined during the last month.

DECISIONNOTED that:-

(a) an appeal had been received in respect of Certificate of Lawfulness for an Existing Use: Class 9 Residential, at Glenacre, Camptown, Jedburgh – 19/00339/CLEU.

(b) the Reporter had dismissed an Appeal against Enforcement in respect of a residential caravan without planning permission on land west of Gallowberry Bank, Blyth Bridge – 15/00045/UNDEV

Public Document Pack

Page 107

(c) there remained three appeals, previously reported, which remained outstanding in respect of:

Land West of Whitslaid (Barrel Law), Selkirk

1 - 39 Tweedbridge Court, Peebles

Coopersknowe Phase 4 and 5, Coopersknowe Crescent, Galashiels

(d) Review requests had been received in respect of:-

(i) erection of three holiday lodges, access and associated infrastructure on land west of 1 Hallrule Farm Cottage, Bonchester Bridge – 18/01680/FUL; and

(ii) erection of four dwellinghouses on land west of Thornwood Lodge, Weensland Road, Hawick – 18/01671/FUL.

(e) the decision of the Appointed Officer was Overturned in respect of:-

(i) erection of dwellinghouse on land east of Rose Cottage, Maxwell Street, Innerletihen – 18/00728/PPP (subject to conditions and a Section 75 Legal Agreement);

(ii) erection of dwellinghouse with detached garage on Plot 3 land north east of The Old Church, Lamberton – 18/00961/FUL (subject to conditions);

(iii) part change of use from agricultural barn to vehicle body repair and paint shop with associated parking (retrospective) at Mid Softlaw Farm, Kelso – 18/01071/FUL (subject to conditions); and

(iv) erection of two dwellinghouses in paddock south of and incorporating part garden ground of 1 Cowdenburn Cottages, West Linton – 18/01469/PPP (subject to conditions, informatives and a Section 75 Legal Agreement).

(f) there remained one review, previously reported, which was still outstanding in respect of Deans Bar, 3 Orrock Place, Hawick;

(g) there remained 2 S36 PLI’s previously reported on which decisions were still awaited when this report was prepared on 20 June 2019. These related to sites at:

Fallago Rig 1, Longformacus Fallago Rig 2, Longformacus

4. PRIVATE BUSINESSDECISIONAGREED 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 the Appendix II to this Minute on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 8 of Part 1 of Schedule 7A to the aforementioned Act.

Page 108

SUMMARY OF PRIVATE BUSINESS

5. RENDER REPAIRS AT BALLANTYNE PLACE, PEEBLES A report by the Service Director Regulatory Services, seeking authority to carry out render repairs at Ballantyne Place, Peebles, was approved.

The meeting concluded at 12.55 pm

Page 109

This page is intentionally left blank

Page 110

Page 5

Minute Item 2

Page 111

Page 6Page 112

Page 7Page 113

Page 8Page 114

Page 9Page 115

Page 10Page 116

Page 11Page 117

Page 12Page 118

Page 13Page 119

Page 14Page 120

Page 15Page 121

Page 16Page 122

SCOTTISH BORDERS COUNCILMAJOR CONTRACTS GOVERNANCE GROUP

MINUTES of Meeting of the MAJOR CONTRACTS GOVERNANCE GROUP held in the Council Chamber, Council Headquarters, Newtown St Boswells on Wednesday, 3 July 2019 at 10.00 am

Present:- Councillors R Tatler (Chairman), G Edgar, J Fullarton, E Thornton-Nicol,T Weatherston.

Apologies:- Councillor D Moffat. In Attendance:- Service Director Assets & Infrastructure, Chief Officer Roads, Contracts

Manager - SBc Contracts, Quantity Surveyor - SBc Contracts, Principal Internal Auditor, Democratic Services Officer (J Turnbull).

1. WELCOME AND INTRODUCTIONS The Chairman welcomed Martin Joyce - Service Director Assets & Infrastructure, Jason Hedley - Chief Officer Roads, Peter McNulty - Contracts Manager and Derek Anderson - Quantity Surveyor to the meeting and there was a round of introductions.

2. PRIVATE BUSINESS AGREED under Section 50A(4) of the Local Government (Scotland) Act 1973 to exclude the public from the meeting during consideration of the business contained in the following items on the ground that they involved the likely Part 1 of Schedule 7A to the Act.

SUMMARY OF PRIVATE BUSINESS

3. SBc CONTRACTS TRADING OPERATION UPDATE AT 31 MARCH 2019 Members considered a report by the Chief Officer Roads providing an update on the trading and financial position of SBc Contracts for the period to 31 March 2019.

4. NEXT MEETING The Chairman thanked everyone for attending the meeting and for the comprehensive report. It was noted that this was an additional meeting and the next meeting, scheduled for 17 September 2019, would consider reports from Live Borders, SB Cares and SBc Contracts.

DECISION NOTED.

The meeting concluded at 11.05 am

Page 123

This page is intentionally left blank

SCOTTISH BORDERS COUNCILKELSO COMMON GOOD FUND SUB-COMMITTEE

MINUTE of MEETING of the KELSO COMMON GOOD FUND SUB-COMMITTEE held in the Board Room 1039, Kelso High School, Angraflat, Kelso on Monday, 10 June 2019 at 5.15 p.m.

------------------

Present:- Councillors S. Mountford, T. Weatherston, E. Robson, Community Councillor D. Weatherston.

In Attendance:- Pensions and Investments Manager, Solicitor (Emma Moir), Democratic Services Officer (F. Henderson).

Members of the Public:- 0

----------------------------------------

1.0 MINUTEThere had been circulated copies of the Minute of the Kelso Common Good Fund Sub-Committee held on 11 March 2019.

DECISIONAGREED to note the Minutes for signature by the Chairman.

2.0 MONITORING REPORT FOR 12 MONTHS TO 31 MARCH 2019 There had been circulated copies of a report by the Chief Financial Officer which provided the income and expenditure for the Kelso Common Good Fund for the year 2018/19 including balance sheet values as at 31 March 2019, an proposed budget for 2019/2020. Appendix I provided the actual income and expenditure for 2018/19. This showed a surplus of £10,321 for the year, which varied from the projected surplus figure reported at the meeting on 11 March 2019, which was due to a lower than anticipated grant expenditure. Appendix 2 provided an actual balance sheet value as at 31 March 2019, which showed a decrease in reserves of £39,785. Appendix 3 provided a breakdown of the property portfolio showing actual rental income for 2018/19 and actual property expenditure to 31 March 2019. Appendix 4 showed the value of the Kames Capital Investment Fund to 31 March 2019, which was on target.

DECISION(a) AGREED the proposed budget for 2019/20 as shown in Appendix 1 to the report;

(b) NOTED:-

(i) the actual income and expenditure for 2018/19 in Appendix ;

(ii) the final balance sheet value as at 31 March 2019 as detailed in Appendix 2 of the report;

(iii) the summary of the property portfolio in Appendix 3 of the report; and

(iv) the current position of the Kames Capital PLC investment Fund contained in Appendix 4 of the report.

Page 125

3.0 FINANCIAL ASSISTANCE 3.1 The Woodend Garden Association

There had been circulated copies of an application received from the Woodend Garden Association in the sum of £1,090 together with a copy of the planning statement, estimated start up costs, proposed plan for the Garden and a copy of the Woodend Garden Association constitution. The application explained that the Woodend Garden Association had been formed in respect of all occupants residing at numbers 43,44,45,46,47,48,49 and 50 Broomlea, Kelso TD5 7RB to provide an environment where the community could work together to take join action for common benefit; to protect members from damage, trespass and theft; to organise functions for members of the association to meet socially; take such steps as may be required by the Local Authority for the good management and cultivation of leisure gardens in Terms of the Lease; to raise funds by any lawful means excluding permanent trading and that all funds raised be used for the upkeep of the garden or donated to an agreed charity. The application went onto explain the aims of the Woodened Garden Association and that every Household would pay an equal proportion of the setup and on-going running costs determined by the Committee. There were no funds held by the association and the grant sought was to prepare the ground by removing tree stumps, ploughing, rotavating and levelling the plot, erection of a boundary fence, raised beds and to plant hedging. The households at 43,44,45,46, 47, 48, 49 and 50 would pay an equal proportion of further setup costs and on-going running costs. The Pensions and Investments Manager stated that the Local Authority would not pay a grant to an individual and that a bank account would require to be set up prior to any payment being made. Miss Moir, Solicitor stated that the application to the Common Good was, in her opinion, premature as planning consent had not been given and that although the Heads of Terms had been agreed the lease had not been finalised. The Pensions and Investments Manager further highlighted that should the Woodend Garden Association cease, there required to be provision in the Lease to ensure that the ground was restored to its former condition and use. Following considerable discussion the Committee agreed to support the project in principle, however prior to any grant being paid, the Woodend Association required to:-

(i) Open a Bank Account in the name of the Woodend Garden Association (ii) Confirm in writing that the Lease had been agreed and signed(iii) Confirm in writing that the Planning permission had been granted.

DECISION AGREED in principle to support the project and prior to any grant being paid the Woodend Association required to:-

(i) Open a Bank Account in the name of the Woodend Garden Association (ii) Confirm in writing that the Lease had been agreed and signed(iii) Confirm in writing that the Planning permission had been granted.

DECLARATION OF INTERESTCommunity Councillor Weatherston declared an interest in the following item of business in terms of Section 5 of the Councillors Code of Conduct and took no part in the discussion, other than to clarify the amount charged for the Booklet.

3.2 Kelso and District Amenity SocietyThere had been circulated copies of an application from the Kelso and District Amenity Society in the sum of £495 for the reprinting of Walter Scott’s Kelso booklet. The application explained that the booklet was originally printed in 2005 with the intention of selling it to raise funds to allow the printing of a free leaflet which included a map of the Scott Trail. The free leaflets had proved very popular with visitors and had been reprinted every two years. The Walter Scott Booklet had not been printed since 2005 and there were only 12 remaining copies. The application therefore requested a grant to allow the reprint of 500 copies. The quotation from the printers was in the sum of £695 and £200 towards the costs had been secured from Charity Begins at Home. Following discussion the Sub-Committee agreed to award £495 to the Kelso and District Amenity Society towards the cost of reprinting the Walter Scott Booklet.

Page 126

DECISION AGREED to support the application for financial assistance from the Kelso and District Amenity Society in the sum of £495 towards the cost of reprinting the Walter Scott Booklet.

The meeting closed at 5.30 p.m.

Page 127

This page is intentionally left blank

SCOTTISH BORDERS COUNCILLOCAL REVIEW BODY

MINUTE of Meeting of the LOCAL REVIEW BODY held in the Council Chamber, Council Headquarters, Newtown St Boswells, TD6 0SA on Monday, 15 July 2019 at 10.00 am

Present:- Councillors A. Anderson, J. A. Fullarton, S. Hamilton, H. Laing, S. Mountford, C. Ramage and E. Small

Apologies:- Councillors T. Miers and S. Aitchison

In Attendance:- Principal Officer – Plans & Research, Solicitor (E. Moir), Democratic Services Team Leader, Democratic Services Officer (F. Walling).

CHAIRMANIn the absence of Councillor Miers the meeting was chaired by Councillor S. Hamilton.

1. REVIEW OF 18/01680/FUL There had been circulated copies of the request from Mrs Claire MacTaggart, per Ferguson Planning, 54 Island Street, Galashiels, to review refusal of the planning application for erection of three holiday lodges, access and associated infrastructure on land west of 1 Hallrule Farm Cottage, Bonchester Bridge. The supporting papers included the Notice of Review; Decision Notice; Officer’s Report; papers referred to in Officer’s Report; Consultations; Objections; and a list of policies. In their initial consideration Members commented that, as a farm diversification, the project was a very ambitious venture. Members noted the concept of the proposal which was to provide 5 star self catering in the Scottish Borders and that the applicant’s research had suggested a gap in the market for this type of high quality tourist accommodation. Members had favourable views about the design of the lodges. They also noted that the visual impact of the development was likely to be negligible due to the position of the lodges which were built into the natural contours of the land, their grass-covered roofs and the fact that the development site was within in a hidden valley screened by trees. However, being mindful that the site of the proposed buildings was in natural unspoilt countryside which was within a Special Landscape Area, Members ensuing discussion focussed on whether this was the right location for the development, in terms of the character of the surrounding area and whether alternative sites had been sufficiently explored. Questions were asked about possible impacts from the installation of electricity and water supply, about waste water drainage and digital connectivity. Whilst noting the financial information provided, they also questioned the assumptions made and the long term sustainability of the project. In conclusion Members agreed that the review could not be considered without further procedure in the form of an unaccompanied site visit and additional information from the applicant.

DECISIONAGREED that:-

(a) the request for a review had been competently made in terms of Section 43A of the Town and Country Planning (Scotland) Act 1997;

(b) the review could not be considered without further procedure in the form of written submissions to provide additional information and an unaccompanied site visit;

Page 129

(c) the applicant be requested to provide information as follows:-

1. Details of:- Electricity supply Water supply Waste water drainage Means of internal heating Digital Connectivity

2. Clarity about the choice of site in terms of sequential site selection, including a list of any existing buildings or brownfield land within the applicant’s control (or any other sites considered), their availability and reasons why their use has been deemed to be inappropriate;

3. Comparator figures for occupancy rates and rents for similar grade tourist accommodation in the Scottish Borders, together with projected occupancy rates and rents for the proposed accommodation subject of this review.

(d) an unaccompanied site visit be carried out on a date to be arranged; and

(e) consideration of the review be continued on a date to be confirmed.

The meeting concluded at 11.20 am

Page 130

SCOTTISH BORDERS COUNCILCIVIC GOVERNMENT LICENSING COMMITTEE

MINUTE of Meeting of the CIVIC GOVERNMENT LICENSING COMMITTEE held in Committee Rooms 2 and 3 on Friday, 19 July 2019 at 10.45 a.m.

Present:-

Apologies:-

Councillors J. Greenwell (Chairman), J. Brown, D. Paterson, N. Richards, S. Scott and G. Turnbull.

Councillors R.Tatler, E. Thornton-Nicol and T. Weatherston.

In Attendance:- Managing Solicitor – Property and Licensing, Licensing Team Leader, Licensing Standards and Enforcement Officers (Mr I. Tunnah and Mr M. Wynne), Democratic Services Officer (F. Walling), Chief Inspector S. Reid and PC T. Ray - Police Scotland.

1.0 MINUTE The Minute of the Meeting of 21 June 2019 had been circulated.

DECISION APPROVED and signed by the Chairman.

2.0 LICENCES ISSUED UNDER DELEGATED POWERS There had been circulated copies of the Civic Government and Miscellaneous Licences issued under delegated powers for the period 12 June – 8 July 2019.

DECISION NOTED.

3.0 PRIVATE BUSINESSDECISIONAGREED 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 the Appendix to this Minute on the grounds that they involved the likely disclosure of exempt information as defined in paragraph 14 of part 1 of Schedule 7A to the Act.

SUMMARY OF PRIVATE BUSINESS

4.0 LICENSING OF TAXI, PRIVATE HIRE VEHICLES AND DRIVERS Continuation of hearing to consider grant of Taxi Driver Licence There had been circulated copies of an application, accompanied by three letters of support, for the grant of a Taxi Driver Licence together a letter of objection, dated 25 March 2019, from Police Scotland. Although cited to attend, the applicant was not present. As this was the second occasion that a hearing had been arranged and which the applicant had failed to attend the Committee agreed not to consider the application on the assumption that this had been withdrawn.

5.0 Hearing to consider request for revocation of Taxi Driver LicencePage 131

There had been circulated copies of a letter from Police Scotland, dated 12 June 2019, requesting the revocation of a Taxi Driver Licence in terms of paragraph 11(2)(a) of Schedule 1 of the Civic Government (Scotland) Act 1982. Also circulated were three character references for the Taxi Driver concerned. The applicant was present at the meeting and represented by his legal agent. After hearing both parties and requiring further information, the Committee agreed that consideration of the request for revocation be continued to a future meeting.

6.0 Hearing to consider request for suspension of Taxi Driver LicenceThere had been circulated copies of a letter from Police Scotland, dated 3 July 2019, requesting the immediate suspension of a Taxi Driver Licence in terms of paragraphs 12 and 11 of Schedule 1 of the Civic Government (Scotland) Act 1982. The Applicant was present. After hearing from both parties, the Committee agreed that the Licence be suspended.

7.0 MinuteThe Private section of the Minute of 21 June 2019 was approved.

The meeting concluded at 11.40 am

Page 132

SCOTTISH BORDERS COUNCILMELROSE COMMON GOOD FUND SUB-COMMITTEE

MINUTE of MEETING of the MELROSE COMMON GOOD FUND SUB-COMMITTEE held in the Convener’s Office, Council Headquarters, Newtown St. Boswells on 31 July 2019 at 1.30 p.m.

----------------------------

Present:- Councillors K Drum, T. Miers, D Parker

In Attendance:- Pensions & Investment Manager (K. Robb), Principal Solicitor (H. Macleod), Democratic Services Team Leader, Trainee Democratic Services Officer

---------------------------------------------

1. CHAIRMANCouncillor Miers, seconded by Councillor Drum, moved that Councillor Parker be appointed as Chairman of the Sub-Committee.

DECISIONAGREED that Councillor Parker be appointed as the Chairman of the Sub-Committee.

2. COMMON GOOD AND COMMUNITY EMPOWERMENT (SCOTLAND) ACT 2015There had been circulated copies of a draft Asset List prepared by the Principal Solicitor in terms of the Council Report by the Service Director Regulatory Services dated 31 January 2019 on the duties placed on Scottish Borders Council in respect of common good assets by Part 8 of the Community Empowerment (Scotland) Act 2015 and recommended actions to ensure compliance with such duties. The Principal Solicitor reported that the draft asset list had been produced in compliance with the Act, using current heritable property registers together with information available regarding moveable items. Following approval of the asset list by the Common Good Sub-Committee, the Council would publish the proposed list of common good assets and undertake a 12 week public consultation period. Following the consultation period, the Sub-Committee would reconvene to agree the finalised Common Good Asset Register. The Register would then be published within six months from the end of the consultation period. The Chairman advised that a painting had been gifted to Melrose in 1922, which was currently in the Burgh Chambers in Galashiels and should be added to the asset list. After a full discussion, it was agreed that the funds from the Fraser Bequest should also be categorised as common good and added to the common good register. If any other items were identified through the consultation process or in the future, these would also be added to the Register at a later date. A future discussion would take place around the William Hill Trust and the Gibson Park Trust, and whether it was appropriate or desirable to amalgamate these with the Common Good. If this was to occur, there would be a formal process to follow.

DECISIONAGREED that the items be added to the draft Register, and the draft Register published for public consultation.

3. FINANCIAL UPDATEIn response to Members questions, the Pensions & Investment Manager reported that a fund had been set up which included the Melrose Scout Hall in 2017/18 but that the only movement was an accounting for depreciation, which was not a cash transaction. There were no cash reserves. The Sub-Committee noted that a yearly rent had been paid to the

Page 133

Council in respect of the Scout Hall since 2014, and that this should be allocated to the Melrose Common Good Fund.

DECISIONNOTED the position.

4. DATE OF NEXT MEETINGIt was noted that a further meeting would be scheduled for the end of the year after the 12 week consultation period.

DECISIONAGREED that a further meeting would be scheduled at the end of the year.

The meeting concluded at 1.50pm.

Page 134

SCOTTISH BORDERS COUNCILLAUDER COMMON GOOD FUND SUB-COMMITTEE

MINUTE of Meeting of the LAUDER COMMON GOOD FUND SUB-COMMITTEE held in the Convener's Office, Council Headquarters, Newtown St Boswells on Wednesday, 31 July 2019 at 1.45 pm

Present:- Councillors D. Parker (Chairman), K. Drum, T. Miers and Community Councillor A. Smith

In Attendance:- Pension & Investment Manager (K Robb), Principal Solicitor (H Macleod), Estates Manager (N Hastie), Estates Officer (A Scott), Democratic Services Team Leader, Trainee Democratic Services Officer

WELCOME The Chairman welcomed everyone to the meeting.

1. MINUTE. There had been circulated copies of the Minute of 19 June 2019.

DECISIONNOTED for signature by the Chairman.

2. FINANCIAL MONITORING REPORT FOR 3 MONTHS TO 30 JUNE 2019 There had been circulated copies of a report by the Chief Financial Officer, detailing income and expenditure for the three months to 30 June 2019 including a full year projected outturn for 2019/20 and projected balance sheet values as at 31 March 2019. Ms Robb highlighted the main points of the report and appendices. Appendix 1 to the report provided the projected income and expenditure for 2019/20. This showed a surplus of £3,900 for the year, compared to the budgeted surplus of £10,648 approved on the 19 June 2019. Ms Robb advised on the grants and other donations distributed and committed to 30 June 2019 and the recommended increase of £7,000 to the grants budget to allow for the possible approval of further grant applications. It was also reported that Lauder Leisure Centre had now signed their lease and the approved grant had been released. Appendix 2 to the report provided a projected balance sheet as at 31 March 2019. This showed a projected decrease in reserves of £7,593. A breakdown of the property portfolio showing the projected rental income for 2019/20 and actual property expenditure to 30 June 2019 was shown in Appendix 3. Appendix 4 provided details of the value of the Kames Capital Investment Fund to 30 June 2019. The fund had a 5.17% unrealised gain in market value since investment, largely due to continued volatility in investment markets. Overall, however taking account of the income received the fund had achieved a return of +12.61% since investment in February 2018. Ms Robb also advised that a Kames Seminar on common and trust funds was due to be held on 20 August 2019. Members discussed the report and received answers from Ms Robb to their questions.

DECISION

(a) AGREED the projected income and expenditure for 2019/20 as shown in Appendix 1 to the report.

(b) NOTED in the appendices to the report:-Page 135

(i) the projected balance sheet value as at 31 March 2020 in Appendix 2;

(ii) the summary of the property portfolio in Appendix 3; and

(iii) the current position of the investment in the Kames Capital Investment Fund in Appendix 4.

3. LAUDER COMMON WOODLAND PLANNINGThere had been circulated copies of a report by the Service Director Assets & Infrastructure seeking consent to proceed with the next stage on the Woodland Planting at Lauder Common and to instruct a land agent to undertake preparations for grant aid. Estates Surveyor, Annabelle Scott, explained that in early 2017 proposals of woodland planting at Lauder Common was first put forward. In order to draw up a final planting design and costings a land agent needed to be appointed. The work the land agent was required to undertake included drawing up a final planting design, community consultation of the final design and to provide an indicative cashflow for the planting scheme. The proposed planting design was shown in Appendix 1 to the report. Public consultation was carried out through the Lauder Community Council at a meeting on 15 April 2019 and the feedback had been mainly positive but highlighted that native species would be preferred. Further responses had been received from the community and these would be addressed in the final planting design. In order to draw up the final planting design and costings a land agent had been identified to be appointed with a figure of the cash flow submitted for the costs. The next stage would be to draw up the plans and provide timescales for the project with a proposed start date for planting of Spring next year. Once the woodland had been planted the Lauder Common Good Fund would be responsible for the planting and future maintenance of the woodland and access would be with agreement from the occupier, Lauderhill Sheep Company. Ms Scott further advised that grant application process and any consent would be produced by the common good. The scheme would be community led and the common good would be in full control of the grant and any spend. Members discussed the report and were supportive of the project and agreed for the agent to be appointed and once the final plans were completed further consultation would be carried out through the Community Council.

DECISIONAGREED to approve the appointment of a land agent and the preparation of the planting design so that final proposals would be presented to the community and grant application would be taken forward.

4. PRIVATE BUSINESSAGREED 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 the Appendix to this Minute on the grounds that it involved the likely disclosure of exempt information as defined in the relevant Paragraphs of Part I of Schedule 7A to the Act.

SUMMARY OF PRIVATE BUSINESS

5. MINUTE The private section of the Minute of 19 June 2019 had been circulated.

DECISIONNOTED for signature by the Chairman.

The meeting concluded at 2:15pm

Page 136

SCOTTISH BORDERS COUNCILPLANNING AND BUILDING STANDARDS COMMITTEE

MINUTE of Meeting of the PLANNING AND BUILDING STANDARDS COMMITTEE held in Council Headquarters, Newtown St Boswells on Monday, 5 August 2019 at 10.00 a.m.

Present:- Councillors T. Miers (Chairman), A. Anderson, S. Aitchison, J. A. Fullarton, S. Hamilton, H. Laing, S. Mountford, C. Ramage, E. Small.

In Attendance:- Depute Chief Planning, Lead Planning Officer (B. Fotheringham), Senior Roads Planning Officer, Solicitor (E. Moir), Democratic Services Team Leader, Democratic Services Officer (F. Henderson).

1. MINUTE There had been circulated copies of the Minute of the Meeting held on 1 July 2019.

DECISIONAPPROVED for signature by the Chairman.

2. APPLICATIONSThere had been circulated copies of reports by the Service Director Regulatory Services on applications for planning permission requiring consideration by the Committee.

DECISIONDEALT with the applications as detailed in Appendix l to this Minute.

3. APPEALS AND REVIEWSThere had been circulated copies of a briefing note by the Chief Planning Officer on Appeals to the Scottish Ministers and Local Reviews.

DECISIONNOTED that:-

(a) The Reporter had dismissed an appeal against refusal of the erection of 2 blocks of residential flats comprising 40 No units of mixed accommodation with communal bike store, bin stances and associated parking and landscaping at 1-39 Tweedbridge Court, Peebles.

(b) there remained 3 appeals outstanding in respect of :-

Land West of Whitslaid (Barrel Law), Selkirk.

Coopersknowe Phase 4 and 5 , Coopersknowe Crescent, Gala

Glenacre, Camptown, Jedburgh

(c) Reviews had been received in respect of :-

Page 137

(i) Change of use of agricultural land to dog care walking facility and erection of boundary fence on land South West of Milkieston Toll House, Peebles – 18/01161/FUL; and

(ii) Erection of dwellinghouse on Garden Ground of Beechwood Pyatshaw, Lauder – 19/00358/PPP

(d) there remained three reviews outstanding in respect of:-

Deans Bar, 3 Orrock Place, Hawick

Land West of Thornwood Lodge, Weensland Road, Hawick

Land West of 1 Hallrule Farm Cottage, Bonchester Bridge

(e) There remained 2 S36 PLI’s previously reported on which decisions were still awaited when this report was prepared on 25th July 2019. This related to sites at:

Fallago Rig 1, Longformacus Fallago Rig 2, Longformacus

The meeting concluded at 1.00 p.m.

Page 138

APPENDIX IAPPLICATION FOR PLANNING PERMISSION

Reference Nature of Development Location 19/00758/PPP & Plot A - Erection of dwellinghouse Land South of the 19/00759/PPP Plot B – Erection of dwellinghouse Granary, Blyth Bridge

Decision: Refused for the following reasons

1 The development is contrary to policy HD2 of the Local Development Plan 2016 and New Housing in the Borders Countryside Guidance 2008 in that it would not relate sympathetically to the character of the existing building group or surrounding landscape. The development lies outwith the identifiable limits of the building group on a previously undeveloped field and would lead to an unjustified and sporadic expansion of development into the open countryside.

2 The development is contrary to policy PMD2 of the Local Development Plan 2016 in that it would result in additional vehicular traffic on a minor public road with sub-standard access. The erection of a house on this site would be to the detriment of road safety at both junctions of the D31/1 minor public road with the A72.

Reference Nature of Development Location18/01479/FUL Erection of mobile holiday lodges with Land North West of

office, reception/shop, installation of Willowdean House,hydro generator, and formation of Fouldenassociated roads and parking

Decision: Continued for a Site Visit to be arranged.

Reference Nature of Development Location18/01795/FUL Demolition of dwellinghouse and erection Orchard Park and

of seven dwellinghouses Land North and East of 16 and 17 Brewster Place, Gattonside

Decision: Approved subject to a legal agreement addressing contributions towards education, the Borders railway and affordable housing and the following conditions:

1. A sample of all materials to be used on all exterior surfaces of the development hereby approved shall be submitted to and approved in writing by the Planning Authority before the development commences. The roofs for plots 6 and 7 to be natural slate. The development then to be completed in accordance with the approved samples.Reason: The materials to be used require further consideration to ensure a satisfactory form of development, which contributes appropriately to its setting and safeguards the character of the Conservation Area.

2. All planting, seeding or turfing comprised in the approved details of landscaping (Drawing Number: 9344(L-2)007 G) shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever

Page 139

is the sooner, and shall be maintained thereafter and replaced as may be necessary for a period of two years from the date of completion of the planting, seeding or turfing.Reason: To ensure that the proposed landscaping is carried out as approved.

3. No trees within or overhanging the application site shall be felled, lopped, lifted or disturbed in any way without the prior consent of the Planning Authority.Reason: The existing trees represent an important visual feature which the Planning Authority considered should be substantially maintained.

4. The development shall take place in accordance with the Arboricultural Method Statement by Caledonian Tree Consultants Ltd dated May 2019. The tree protection measures to be erected before the development commences and to be retained in place until the development has been completed. Reason: To protect trees within the site from damage.

5. Details of the position, height, appearance and colour finish of all fencing and gates shall be submitted to and approved in writing by the Planning Authority before the development commences. The development then to be completed in accordance with the approved details.Reason: The materials to be used require further consideration to ensure a satisfactory form of development, which contributes appropriately to its setting.

6. Prior to commencement of demolition and development, a Species Protection Plan for bats, badger, red squirrel and breeding birds shall be submitted to and approved in writing by the Planning Authority. The SPP shall incorporate provision for a pre-development supplementary survey, a mitigation plan and sensitive lighting scheme. No demolition or development shall be undertaken except in accordance with the approved SPP. Reason: To protect the ecological interest in accordance with Local Development Plan policies EP2 and EP3.

7. No development shall commence until a proportionate Landscape Habitat Management Plan, including boundary treatments for trees and hedgerows, has first been submitted to and approved in writing by the Planning Authority. No development shall take place except in accordance with the approved in writing LHMP. Reason: To protect the ecological interest in accordance with Local Development Plan policy EP3.

8. No development shall commence until a report has been submitted to and approved in writing by the Planning Authority that the public mains water supply is available and can be provided for the development. Prior to the occupation of the dwellinghouses, written confirmation shall be provided for the approval of the Planning Authority that the development has been connected to the public mains water supply.Reason: To ensure that the development is adequately serviced with a sufficient supply of wholesome water and there are no unacceptable impacts upon the amenity of any neighbouring properties.

9. No water supply other that the public mains water supply shall be used to supply the development without the prior written agreement of the Planning Authority.Reason: To ensure that the development is adequately serviced with a sufficient supply of wholesome water and there are no unacceptable impacts upon the amenity of any neighbouring properties.

10. No drainage system other than the public mains sewer shall be used to service the development without the prior written consent of the Planning Authority. Prior to occupation of the dwellinghouses written evidence shall be submitted to the Planning

Page 140

Authority that the dwellinghouses have been connected to the public water drainage network.Reason: To ensure that the development does not have a detrimental effect on public health.

11. No dwellinghouse forming part of the development herby approved shall be occupied until the access road, parking spaces and footpaths have been completed in accordance with the approved Drawing Number 9344(L-2)002 P, unless otherwise agreed in writing by the Planning Authority. Reason: To ensure that adequate access for pedestrians and on-site parking is provided.

12. No development shall commence until a detailed drawing showing the steps required for the existing right of way, the removal of a section of the retaining wall adjacent to no.25 Montgomerie Terrace and the erection of a new retaining wall have first been submitted to and approved in writing by the Planning Authority. The development then to be completed in accordance with the approved drawing.Reason: To safeguard pedestrians and to protect the character of the Conservation Area.

13. No development shall commence until details of the relocation of the existing street lighting column to be submitted to and approved in writing by the Planning Authority. The details shall to include the new location of the street lighting column and timing of the works. The street lighting column then to be relocated in accordance with the approved details. Reason: To ensure that the repositioning of the street lighting column is completed in accordance with the Planning Authority’ specifications.

14. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development)(Scotland) Order 1992 (or any subsequent Order amending, revoking or re-enacting that Order), there shall be no further external decking placed anywhere on Plot 5 unless an application for planning permission in that behalf has first been submitted to and approved in writing by the Planning Authority.Reason: The Planning Authority considers that any further development would prejudice a satisfactory layout and would have a harmful effect upon the amenity of the area.

15. Notwithstanding the elevations shown on drawings 9344 (L2-)011 H, 9344 (L2-)016 G, 9344 (L2-)021 F and 9344 (L2-)026 F hereby approved, no development shall commence until revised elevation drawings have first been submitted to and approved in writing by the planning authority and thereafter no development shall take place except in strict accordance with the revised drawings. The revised elevations shall include changes to the roof lines which assist in breaking up the linear form of the dwellings hereby approved. Reason: To ensure a satisfactory form of development, which contributes appropriately to its setting as well as the character and appearance of the conservation area.

Informatives 1. Protected Species

In respect of condition 6, if bats or roosts are found in any building to be demolished, or any tree to be worked, a licence must be sought from SNH. SNH has a dedicated licensing team, which can be contacted at [email protected].

The applicant is reminded that, under the Conservation Regulations (Natural Habitats & c.) 1994 (as amended) it is an offence to deliberately or recklessly damage or destroy a breeding site or resting place of bats (whether or not deliberately or recklessly), capture, injure or kill a bat, harass a bat or group of bats, disturb a bat in a roost (any structure or place it uses for shelter or protection),

Page 141

disturb a bat while it is rearing or otherwise caring for its young, obstruct access to a bat roost or otherwise deny an animal use of a roost, disturb a bat in a manner or in circumstances likely to significantly affect the local distribution or abundance of the species, disturb a bat in a manner or in circumstances likely to impair its ability to survive, breed or reproduce, or rear or otherwise care for its young.

In the event that bats are discovered following the commencement of works, works should stop immediately and the developer must contact SNH (tel: 01896-756652 or 01463 725 364) for further guidance. Works can only recommence by following any guidance given by SNH. The developer and all contractors to be made aware of accepted standard procedures of working with bats at www.bats.org.uk. Further information and articles available at:

http://www.bats.org.uk/pages/bats_and_buildings.html

http://www.bats.org.uk/pages/existing_buildings.html

https://cdn.bats.org.uk/pdf/Bats-Trees.pdf?mtime=20181101151317

To protect badgers the following measures must be adopted:

All chemical and fuel stores to be kept secure. Work on open trenches should be completed within one day with the hole filled

in. This removes the risk of badgers or other animals becoming trapped in the trench.

Excavations that need to be left open overnight must provide at least one ramp at 45 degrees or less to allow badgers and other wildlife to exit the trench.

These measures should be included in the Species Protection Plan for badgers.

2. Steps and Retaining WallIn respect of condition 12, this approval does not grant consent for any works on land or to structures outwith the ownership of the applicant.

3. Surface Water DrainageThe RCC will include surface water drainage. The Roads Planning Service advises that, as surface water drainage is shown to end at a soakaway within Plot 5, confirmation should be provided as to why this cannot connect into the existing drainage for Montgomerie Terrace. If the proposed layout is approved, a legal right of access may be required should it be proposed that the Council are to be responsible for the maintenance of this element of the drainage system. The Roads Planning Service also require ground investigation details confirming the ground is capable of catering for the level of surface water the soakaway is proposed to deal with. Confirmation should be provided as to what elements of the drainage system, if any, Scottish Water propose to adopt upon completion.

4. StovesEnvironmental Health advises that provided that any stoves installed as part of the development are less than 45kW, no further information needs to be provided. If it is greater than 45kW then the applicant needs to declare this and provide additional information so that a screening assessment can be carried out.

These installations can cause smoke and odour complaints and any Building and Planning Consents for the installation do not indemnify the applicant in respect of

Page 142

Nuisance action. In the event of nuisance action being taken there is no guarantee that remedial work will be granted building/planning permission.

Accordingly this advice can assist you to avoid future problems.

The location of the flue should take into account other properties that may be downwind.

The discharge point for the flue should be located as high as possible to allow for maximum dispersion of the flue gasses.

The flue should be terminated with a cap that encourages a high gas efflux velocity.

The flue and appliance should be checked and serviced at regular intervals to ensure that they continue to operate efficiently and cleanly.

The appliance should only burn fuel of a type and grade that is recommended by the manufacturer.

If you live in a Smoke Control Area you must only use an Exempt Appliance http://smokecontrol.defra.gov.uk/appliances.php?country=s and the fuel that is Approved for use in it http://smokecontrol.defra.gov.uk/fuels.php?country=s .

In wood burning stoves you should only burn dry, seasoned timber. Guidance is available on - http://www.forestry.gov.uk/pdf/eng-woodfuel-woodasfuelguide.pdf/$FILE/eng-woodfuel-woodasfuelguide.pdf

Treated timber, waste wood, manufactured timber and laminates etc. should not be used as fuel.

Paper and kindling can be used for lighting, but purpose made firelighters can cause fewer odour problems.

Construction NoiseThe Control of Pollution Act 1974 allows the Council to set times during which work may be carried out and the methods used. The following are the recommended hours for noisy work:

Monday – Friday 0700 – 1900Saturday 0900 – 1300Sunday (Public Holidays) – no permitted noisy work (except by prior notification to Scottish Borders Council.

Contractors will be expected to adhere to the noise control measures contained in British Standard 5228:2009 Code of practice for noise and vibration control on construction and open sites.

For more information or to make a request to carry out works outside the above hours please contact an Environmental Health Officer.

Page 143

This page is intentionally left blank

SCOTTISH BORDERS COUNCILJEDBURGH COMMON GOOD SUB-COMMITTEE

MINUTE of Meeting of the JEDBURGH COMMON GOOD SUB-COMMITTEE held in COUNCIL HEADQUARTERS, NEWTOWN ST BOSWELLS on Thursday, 15 August 2019 at 9.00 a.m.

Present:- Councillor J. Brown (Chairman), S. Hamilton, S. Scott.Apologies:- Community Councillor R. Stewart.In Attendance:- Pensions and Investments Manager, Managing Solicitor,

Democratic Services Officer (F. Henderson). Members of the Public:- 1

----------------------------------------

1.0 APPLICATION FOR FINANCIAL ASSISTANCE 1.1 The Rotary Club of Jedburgh

There had been circulated copies of an Application for Financial Assistance from the Rotary Club, Jedburgh in respect of the Birl ‘n’ Beer Festival scheduled to be held in Jedburgh, utilising Murray’s Green and the bandstand on 24 August 2018. The event which was aimed at attracting townsfolk and people from outwith, while celebrating traditional music and real ales had been held for the past two years. There would be traditional folk music and 12 real ales would be supplied by Local Brewers i.e. Born in the Borders, Tempest Brew Co. and Broughton Ales. It would be a ticketed event, which were on sale locally in High Street outlets, pubs and clubs with posters displayed in neighbouring towns. There had been circulated audited accounts in respect of 2017 and 2018.

1.2 Mr Chapman was present on behalf of the Rotary Club of Jedburgh and explained that the idea behind organising the event was to promote the Rotary, give something to the Community and attract visitors into Jedburgh. It had been anticipated that the event would be self-financing within 5 years and should this not be the case, the event would cease. The application detailed funding which had been secured to date totalling £995. In response to questions regarding the distribution of funds by the Rotary, Mr Chapman advised that any profit made from the event would be re-distributed to projects within Jedburgh.

DECISIONAGREED to award a grant of £500 to the Rotary Club, Jedburgh in respect of the Birl ‘n’ Beer Festival to be held in August 2019.

The meeting closed at 9.25 a.m.

Page 145

This page is intentionally left blank