STIRLING COUNCIL
MINUTES of the RECONVENED MEETING of STIRLING COUNCIL held in the COUNCIL
CHAMBERS, VIEWFORTH, STIRLING on THURSDAY 15 MARCH 2018 at 1.30 PM
Present:
Provost Christine SIMPSON (in the Chair)
Councillor Maureen BENNISON
Councillor Neil BENNY
Councillor Alistair BERRILL
Councillor Margaret BRISLEY
Councillor Robert DAVIES
Councillor Douglas DODDS
Councillor Martin EARL
Councillor Scott FARMER
Councillor Danny GIBSON
Councillor Graham HOUSTON
Councillor Chris KANE
Councillor Graham LAMBIE
Councillor Alison LAURIE
Councillor Alasdair MACPHERSON
Councillor Alastair MAJURY
Councillor Jeremy MCDONALD
Councillor Susan MCGILL
Councillor Ross OXBURGH
Councillor Alasdair TOLLEMACHE
Councillor Jim THOMSON
Councillor Evelyn TWEED
In Attendance
Carol Beattie, Director of Children, Communities & Enterprise
Jim Boyle, Chief Officer – Finance (Localities & Infrastructure)
Stewart Carruth, Chief Executive
Christina Cox, Service Manager Planning & Building Standards (Localities & Infrastructure)
Graham Gibson, Communications Officer (Children, Communities & Enterprise)
Kevin Kelman, Senior Manager Schools & Learning (Children, Communities & Enterprise)
Ruth McColgan, Lead Solicitor- Communities & Young People (Localities & Infrastructure)
Louise McDonald, Support Officer (Localities & Infrastructure)
Sheila McLean, Governance Officer (Localities & Infrastructure)
Alan Milliken, Senior Manager Communities & People (Children, Communities & Enterprise)
Brian Roberts, Senior Manager Infrastructure (Localities & Infrastructure)
Iain Strachan, Chief Officer - Governance (Localities & Infrastructure) (Clerk)
Karen Swan, Committee Officer (Localities & Infrastructure)
Marie Valente, Senior Manager Children & Families (Children, Communities & Enterprise)
SC82 APOLOGIES
Apologies were submitted on behalf of Councillor Bryan Flannagan.
SC83 DECLARATIONS OF INTEREST
There were no declarations of interest.
SC84 URGENT BUSINESS
The Provost noted the given the need for the Council to have to make a decision on a Heads of Terms offer very quickly after it was issued, there were special reason why this report should be treated as Urgent Business and considered at the start of the agenda.
(a) City Region Deal Head of Terms
A report submitted by Director of Children, Communities & Enterprise detailed
that negotiations had been taking place with both UK and Scottish Governments to reach a Heads of Terms Agreement on a City Region Deal for Stirling and Clackmannanshire. Negotiations had concluded and an offer would shortly be forthcoming, which Stirling Council must be in a position to accept or reject within a short period after the offer is made.
In response to Members’ questions, the Director of Children, Communities &
Enterprise confirmed that Members Briefings would be organised to update
members on the progress of the City Region Deal.
Decision
The Council agreed to delegate authority to the Chief Executive in consultation
with Group Leaders to accept the offer of a Heads of terms Agreement for a City Region Deal for Stirling and Clackmannanshire, in so far as those elements which relate to Stirling.
(Reference: Report by Director of Children, Communities and Enterprise, dated
14 March 2018 submitted)
SC85 MINUTES
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Meeting of Stirling Council – 7 December 2017
The Minutes of the Meeting of Stirling Council held on 7 December 2017 were agreed as an accurate record of proceedings.
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Appointments Panel – 29 November 2017
The Minutes of the Appointments Panel held on 29 November 2017 were agreed as an accurate record of proceedings.
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Parental Appeals Panel – 8 December 2017
The Minutes of the Parental Appeals Panel held on 8 December 2017 were agreed as an accurate record of proceedings.
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Appointments Panel – 15 December 2017
The Minutes of the Appointments Panel held on 15 December 2017 were agreed as an accurate record of proceedings.
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Education Committee – 11 January 2018
The Minutes of the Education Committee held on 11 January 2018 were agreed as an accurate record of proceedings.
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Local Review Body – 15 January 2018
The Minutes of the Local Review Body held on 15 January 2018 were agreed as an accurate record of proceedings.
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Social Care & Health Committee – 18 January 2018
The Minutes of the Local Body Review held on 18 January 2018 were agreed as an accurate record of proceedings.
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Local Review Body – 20 February 2018
The Minutes of the Local Review Body held on 20 February 2018 were agreed as an accurate record of proceedings.
SC86 WRITTEN QUESTIONS
Six written questions had been received in terms of Standing Order 41. The
questions and answers are attached at Appendix 1 to these Minutes.
The Members who had put the written questions were allowed one supplementary question and the supplementary questions and answers are also included in Appendix 1.
SC87 QUESTION TIME
In terms of Standing Order 48, Members had the opportunity to put questions to the Provost, the Leader of the Council, any Portfolio Holder or Committee Convener or Chair of any Panel as appropriate regarding any business included in the Volume of Minutes circulated with the agenda for the meeting.
The following questions were put:-
Councillor Danny Gibson - Minutes of Meeting of Planning & Regulation Panel on 5 December 2017 (PL67 - Question regarding Kerse Bridge Parapets)
The Convener of Environment & Housing Committee confirmed that the construction of the bridge parapets had not been to the agreed standard and that it had been taken up with Network Rail.
Councillor Jeremy McDonald – Minutes of Education Committee on 11 January
2018(ED33 – Question regarding Mothballing of Schools)
The Convener of Education Committee confirmed that any mothballing of schools would be reviewed and taken on a school by school basis.
Councillor Martin Earl – Minutes of Environment & Housing Committee on 16
November 2017 (EH026 – Question regarding Sustainable Growth Agreement)
The Convener of Environment & Housing Committee confirmed discussion had taken place with relevant officers prior to Committee and these were ongoing.
SC88 STIRLING LOCAL LICENSING FORUM – APPOINTMENT / RE-APPOINTMENT
The report submitted by the Chief Officer – Governance highlighted that the legal requirement under the Licensing (Scotland) Act 2005 that the local authority area should have a Local Licensing Forum. The forum should comprise of representatives from certain groups, e.g. local licence holders and Police Scotland. The report asked Council to agree to the re-appointment of the current members of the Stirling Local Licensing Forum and to the term of the current appointments.
Following Members questions, the Chief Officer – Governance confirmed the
Councils’ statutory requirement to have a Licencing Forum.
Decision
The Council agreed to re-appoint the existing members of the Stirling Local Licensing Forum, for a three year period, including those referred to in paragraph 3.7 of the submitted report, until 31 May 2021, with authority being remitted to the Chief Officer – Governance to seek confirmation from those individuals/organisations listed at paragraph 3.9 of the submitted report as to the identity of the representatives they wished to appoint.
(Reference: Report by Chief Officer - Governance, dated 25 January 2018 submitted)
SC89 APPOINTMENTS TO LOCAL REVIEW BODY
The Local Review Body meets to review planning decisions taken by Planning
Officers on “local developments” as defined in the Town and Country Planning
(Hierarchy of Developments) (Scotland) Regulations 2009, where the Officer had either refused an application, granted it subject to conditions or had not determined it within the prescribed two-month period.
At its meeting on 24 May 2017, Council appointed eight Elected Members to a pool of 10. Council was invited to appoint a further two Members to the Local Review Body pool of Members to bring the pool up to full membership.
Decision
The Council agreed to appoint Councillor Douglas Dodds and Councillor Alastair Majury to the Local Review Body pool of Members.
(Reference: Report by Chief Officer - Governance, dated 16 January 2018 submitted)
SC90 DRAFT REVISED LOCAL CODE OF CORPORATE GOVERNANCE
The Local Code of Corporate Governance summarised the corporate governance arrangements in operation across the Council, including the systems, processes, cultures and values by which the Council manages and controls its activities, accounting to, and engaging with the local community.
The most recent version was approved by full Council on 12 December 2013,
reflecting the best practice and good governance principles set out, at that time, in the “Delivering Good Governance in Local Government: Framework” published in 2007 by the Chartered Institute of Public Finance & Accountancy (CIPFA) and the Society of Local Authority Chief Executives (SOLACE).
The CIPFA & SOLACE “Delivering Good Governance in Local Government
Framework” Framework was significantly revised in April 2016. Guidance Notes for Scottish local authorities were published in December 2016 to assist Scottish councils to develop, maintain and publish a Local Code of Governance, and review the effectiveness of their governance arrangements.
The Chief Officer – Governance and the Audit Manager recognised that the Local Code of Corporate Governance would require to be updated during 2017. Supported by Internal Audit, it had now been fully updated in line with the 2016 CIPFA & SOLACE Framework, and reflected the structure of, and the corporate governance arrangements that now exist across, the Council.
The draft, revised Local Code of Corporate Governance was submitted to the
Corporate Management Team meeting on 23 January 2018, and to the Audit
Committee on 25 January 2018 for consideration and comment. The Audit
Committee agreed that the revised Local Code of Corporate Governance should be submitted to Council for formal approval and adoption.
The Members passed on thanks to Officers for all the work on the Local Code of Corporate Governance.
Decision
The Council agreed: -
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to consider the draft, revised Local Code of Corporate Governance attached as Appendix 2 to the submitted report;
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to approve the draft, revised Local Code of Corporate Governance without amendments for adoption with immediate effect;
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to delegate authority to the Chief Officer – Governance to amend the Local Code of Corporate Governance to reflect any future changes in the Council’s structure and governance, legislative or regulatory requirements, subject to a formal review and report to full Council at least once every three years; and
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to note that Internal Audit would continue to review compliance with the revised Local code of Corporate Governance on an annual basis. .
(Reference: Report by Chief Officer - Governance, dated 20 February 2018
submitted)
SC91 REVISED STANDING ORDERS & SCHEME OF DELEGATION
The report, submitted by the Chief Officer – Governance, presented the revised Council Standing Orders and Scheme of Delegation which had been adjusted by the Chief Governance Officer under delegated authority to effect the revised decision making structure approved by the Council on 7 December 2017.
The Chief Governance Officer was in the process of carrying out the regular annual review of the Council’s Standing Orders, Scheme of Delegation and other constitutional documents in consultation with the Group Leaders and would bring forward a report to a future meeting of Council proposing further changes in the documents.
Decision
The Council agreed:-
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to note the revised Standing Orders and Scheme of Delegation prepared under delegated authority for adoption with effect from 1 March 2018; and
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to noted that the Chief Governance Officer would bring forward a report
proposing further changes in the Standing Orders and Scheme of Delegation to a future meeting of Council following completion of his annual review of the constitutional documents, in consultation with the Group Leaders.
(Reference: Report by Chief Officer - Governance, dated 16 February 2018,
submitted)
SC92 PROGRAMME OF MEETINGS MARCH 2018 – MARCH 2022
At its meeting on 7 December 2017, Council agreed to instruct the Chief Officer – Governance to prepare for approval a Programme of Meetings from 2 March 2018 onwards for the remaining duration of the current Council term.
The report presented a proposed programme of meetings from March 2018 to March 2022 for consideration by Council, generally based on the programme currently in place.
A number of free weeks were included and these were shown on the programme.
In response to a Members’ question, the Chief Officer – Governance confirmed that the Stirling Council meeting scheduled for 1 July 2021 would be reviewed.
Decision
The Council agreed to approve the Programme of Committee and Panel meetings attached as Appendix 2 to the submitted report, subject to the Chief Governance Officer reviewing the date of the Council meeting scheduled for 1 July 2021 in consultation with Group Leaders.
(Reference: Report by Chief Officer - Governance, dated 19 January 2018,
submitted)
All Elected Members agreed to suspend Standing Order 61, due to problems with the microphones. All Members to be seated when addressing the Provost and Chambers.
SC93 TREASURY MANAGEMENT FINANCIAL STRATEGY 2018/19
The report, submitted by the Chief Finance Officer, outlined a proposed Treasury Management Strategy for 2018/19, prepared in accordance with the Local Government in Scotland Act 2003, the revised Chartered Institute of Public Finance & Accountancy (CIPFA) Treasury Management in the Public Services Code (2017 edition), the CIPFA Prudential Code for Capital Finance in Local Authorities (2017 edition), the Local Government Investment Regulations (Scotland) 2010 and the Local Authority (Capital Financing and Accounting) (Scotland) Regulations 2016.
The primary objective of the Treasury Management Strategy for 2018/19 would be to continue to maintain the debt portfolio on a strong, low-risk, long-term basis with due consideration of budget requirements to minimise the cost of debt.
The Chief Officer – Governance reminded Elected Members that procurement was a regulated area and they should be mindful of any questions raised.
Following questions by Members, the Chief Officer – Finance confirmed that no
investment had been allocated to Credit Unions, noting that it could change in the future.
Elected Members passed on thanks to Chief Officer – Finance and his staff.
Decision
The Council agreed:-
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to approve the Treasury Management Financial Strategy for 2018/19 as outlined in the submitted report; and
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to approve the Prudential Indicators for 2018/19 to 2020/21 prepared with regard to the Capital Programme approved by Stirling Council on 22 February 2018.
(Reference: Report by Chief Finance Officer, dated 16 February 2018 submitted)
SC94 HEALTH AND SOCIAL CARE INTEGRATION – INTEGRATION SCHEME
AMENDMENT – CARERS (SCOTLAND) ACT 2016
The Carers (Scotland) Act 2016 (the Carers Act) introduced new statutory obligations on both local authorities and health boards relating to carers. The Scottish Government had directed, via Regulations that certain functions under the new Carers Act required to be delegated to Integration Joint Boards.
The report detailed the changes to the governance framework that required to
underpin the additional delegation of statutory functions by the Council. Amendment of the Clackmannanshire & Stirling Health & Social Care Integration Scheme was necessary to effect the further delegation of functions by the Council, resulting from the Carers Act. The report set out the scope of that delegation and provided the mechanism for the Council to do so.
Decision
The Council agreed:-
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to approve the amended Clackmannanshire & Stirling Health & Social Care Integration Scheme at Appendix 2 to the submitted report, which, after approval by Scottish Ministers, would vary the statutory functions delegated by the Council to the Clackmannanshire & Stirling Integration Joint Board;
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to delegate authority to the Chief Officer – Governance, in consultation with the Chair of the Adult Social Care Panel, to make any subsequent non-material variations that may be required to the amended Clackmannanshire & Stirling Health & Social Care Integration Scheme at Appendix 2 to the submitted report in order to effect the delegation of functions under the Carers (Scotland) Act 2016 to the Clackmannanshire & Stirling Integration Joint Board, subject to all elected members being advised of the same once made; and
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to delegate authority to the Chief Officer – Governance to arrange for the submission of the amended Clackmannanshire & Stirling Health & Social Care Integration Scheme to the Scottish Ministers, in consultation with the Chief Officer of the Clackmannanshire & Stirling Integration Joint Board.
(Reference: Report by Chief Officer - Governance, dated 19 February 2018
submitted)
The Provost addressed the Chambers requesting a vote to take the following item as a ‘Not Exempt’. The Clerk of the Council confirmed that the contents of the report were suitable for public viewing. The Elected Members agreed unanimously to take the following report in public session and change the order of the agenda.
SC95 SPORT, PHYSICAL ACTIVITY & WELLBEING SERVICE: COUNCIL DIRECTORS
PROPOSED TO SERVE ON THE BOARD OF ACTIVE STIRLING LIMITED
On 28 September 2017, Stirling Council approved a business case that changed how Sport, Physical Activity and Wellbeing services were to be provided in the future.
As a result, a number of structural changes were being implemented to Active Stirling Limited, with those being subject to ongoing oversight by Community Planning & Regeneration Committee.
A key change would see 3 Elected Members representing Stirling Council on the Board of Active Stirling Limited in the capacity of Council Directors, with one nomination to come from each of the main political groups.
Decision
The Council agreed to appoint Councillor Martin Earl, Councillor Danny Gibson and Councillor Alison Laurie to serve as Council Directors on the Board of Directors of Active Stirling Limited.
(Reference: Report by Director of Children, Communities & Enterprise, dated 20 February 2018, submitted).
SC96 MOTIONS IN TERMS OF STANDING ORDER 16
Prior to the Meeting, Elected Members had received supplementary information from Officers on the subject of these Motions. The supplementary information is attached as Appendix 2 to these Minutes.
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Road Repair Situation
Motion“Council notes the poor road condition following the bad winter. This winter has caused significant issues on the road network and created new potholes and faster degradation of our road infrastructure.
Council resolves to give the road service resources to deal with this.
Council resolves to release up to £750,000 for repairs to the road network from reserves. Officers are to immediately act to start planning for an enhanced repair programme.
This money is for substantive repairs and not for further temporary repairs to the network that should continue to be undertaken from existing budgets.
Signed by Councillor Neil Benny and Councillor Martin Earl”
Amendment
(To replace the Motion in its entirety)
“Council recognises that roads have been severely affected by freezing conditions. Officer are currently carry out a survey to determine the condition of the road and have been asked to report back to the appropriate committees.
Thereafter we will allocate money from our cash reserves to carry out essential and appropriate repairs.”
Proposed by Councillor Jim Thomson and Councillor Danny Gibson
At 2.40pm the Council agreed to adjourn for a break to allow members to consider the Amendment.
The Meeting reconvened at 3.00pm with all Elected Members (previously noted) present.
Revised Motion
(To replace the original Motion and Amendment)
“Council recognises the roads have been severely affected by freezing conditions. Officers are currently carrying out a survey to determine the condition of the road and have been asked to report back to the Environment & Housing Committee, when there will be a consideration of the affordability of the survey results being implemented.
Pending the completion and reporting of this survey Council resolves to give the road service resources to deal with the effect of the recent adverse weather, and resolves to release up to £750,000 for repairs to the road network from reserves. Officers are to immediately act to start planning for an enhanced repair programme.
This money is for substantive repairs and not for further temporary repairs to the network that should continue to be undertaken from existing budgets.”
Proposed by Councillor Jim Thomson, Councillor Danny Gibson, Councillor Neil Benny and Councillor Martin Earl.
Decision
The Revised Motion was agreed unanimously and accordingly Council recognises the roads have been severely affected by freezing conditions. Officers are currently carrying out a survey to determine the condition of the road and have been asked to report back to the Environment & Housing Committee, when there will be a consideration of the affordability of the survey results being implemented.
Pending the completion and reporting of this survey Council resolves to give the road service resources to deal with the effect of the recent adverse weather, and resolves to release up to £750,000 for repairs to the road network from reserves. Officers are to immediately act to start planning for an enhanced repair programme.
This money is for substantive repairs and not for further temporary repairs to the network that should continue to be undertaken from existing budgets.”
-
Park of Keir
Motion“Council recognises the desire of the communities of Dunblane and Bridge of Allan to see a transparent process over the negotiation of conditions relating to the planning application for the development of Park of Keir. Council resolves:-
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that the Council confirms its desire that the negotiations on the conditions set by the minister are open and transparent; and
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that in the process an appropriate committee/panel of the Council is given the opportunity to scrutinise any agreement prior to it going to ministers.
Signed by Councillor Alasdair Tollemache and Councillor Douglas Dodds”
Procedural Motion
”That the question is now put to the vote.”
Moved by Councillor Scott Farmer, seconded by Councillor Danny Gibson
This was put without discussion and voted on by a show of hands, in accordance with Standing Orders.
There were 14 in favour of and 7 against the Procedural Motion.
Decision
The Motion was unanimously approved without the need for roll call vote and accordingly:-
Council recognises the desire of the communities of Dunblane and Bridge of Allan to see a transparent process over the negotiation of conditions relating to the planning application for the development of Park of Keir. Council resolves:-
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that the Council confirms its desire that the negotiations on the conditions set by the minister are open and transparent; and
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that in the process an appropriate committee/panel of the Council is given the opportunity to scrutinise any agreement prior to it going to ministers.
Councillor Benny gave notice that he would be bringing forward a motion at the next Council meeting to enable Members to speak to Motions they had proposed/seconded even if a procedural motion is passed to put the same to the vote.
Councillor MacPherson left the Meeting.
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-
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Scrutiny Panel
Motion
“Council resolves to set up a Scrutiny Panel to examine the enforcement of, anti- social behaviour, noise pollution, dog fouling, littering & fly tipping to consider how effective enforcement can take place.
Membership should be made up of one member of each political party (4 persons), with substitutes allowed.
Council needs to select a Chair and agree the timescale.
Signed by Councillor Ross Oxburgh and Councillor Jeremy McDonald”
Direct Negative
Councillor Jim Thomson, seconded by Councillor Danny Gibson, moved the Direct Negative.
The Direct Negative, having been duly moved and seconded, the vote was taken for and against the Motion as required in terms of Standing Order 72.
The vote on the Motion was as follows:
For the Motion (7)
Councillor Neil Benny
Councillor Alistair Berrill
Councillor Douglas Dodds
Councillor Martin Earl
Councillor Alastair Majury
Councillor Jeremy McDonald
Councillor Ross Oxburgh
Against the Motion (14)
Councillor Maureen Bennison
Councillor Margaret Brisley
Councillor Robert Davies
Councillor Scott Farmer
Councillor Danny Gibson
Councillor Graham Houston
Councillor Chris Kane
Councillor Graham Lambie
Councillor Alison Laurie
Councillor Susan McGill
Councillor Christine Simpson
Councillor Alasdair Tollemache
Councillor Jim Thomson
Councillor Evelyn Tweed
The Motion falls by 14 votes to 7 votes.
Decision
Council resolves not to set up a Scrutiny Panel to examine the enforcement of, anti- social behaviour, noise pollution, dog fouling, littering & fly tipping to consider how effective enforcement can take place.
The Provost closed the meeting at 3.20 pm
Appendix 1
QUESTION FROM COUNCILLOR BRYAN FLANNAGAN FOR ANSWER BY THE
CONVENER OF CHILDREN & YOUNG PEOPLE COMMITTEE AT THE FULL COUNCIL
MEETING TO BE HELD ON THURSDAY 15 MARCH 2018.
QUESTION
The results of recent reading performance study undertaken by 23,000 students showed that many 16 year olds across Scotland had a reading age of 13 or worse and potentially are unable to read their exam papers. How do we assess reading ages and at what stages in Stirling’s schools?
Answer
Schools use a range of methods to assess reading at all stages of school. This can include class based assessments, standardised assessments and diagnostic approaches. Reading ages can form part of the assessment of reading, however, a wider range of approaches are used and this supports planning for pupils’ next steps in learning. From August 2017, the
introduction of Scottish National Standardised Assessment (SNSA) will contribute to the assessment of reading at P1, P4, P7 and S3.
The Scottish Government Measuring Tool - INSIGHT indicates that within Stirling literacy levels continue to improve. In 2013, 52.1% of young people achieved Level 4 Literacy. This has increased to 94% in 2017. In 2013, 23.9% of young people achieved Level 5 Literacy.
This increased to 78.8% in 2017.
QUESTION FROM COUNCILLOR DOUGLAS DODDS FOR ANSWER BY CONVENER OF
ENVIRONMENT & HOUSING COMMITTEE AT THE FULL COUNCIL MEETING TO BE
HELD ON THURSDAY 15 MARCH 2018.
QUESTION
How many contracts, and at what value, does the Council have with commercial companies to collect glass from the numerous bottle banks across the local authority area?
Answer
Viridor hold the contract for collecting Stirling Council’s glass bottle banks. The value of the contract as at March 2016 was £26,984.96 per annum income to Stirling Council. Income is subject to market value.
Supplementary Question and Answer
Councillor Dodds thanked the Convener of Environment & Housing Committee for his response and asked that all contracts be reviewed to ensure they are fit for purpose.
The Convener of Environment & Housing Committee confirmed that a number of collection bins were located on private property. He suggested that a meeting to talk to the relevant private organisations be arranged.
QUESTION FROM COUNCILLOR ALASTAIR MAJURY FOR ANSWER BY CONVENER
OF ENVIRONMENT & HOUSING COMMITTEE AT THE FULL COUNCIL MEETING TO BE
HELD ON THURSDAY 15 MARCH 2018.
QUESTION
Can the convenor advise if there are any plans in place to improve and add lighting to the well-used paths in Newton Crescent Park in Dunblane?
Answer
Stirling Council`s provision of street lights within Dunblane are designed to illuminate adopted roads and foot ways, and are concentrated throughout main roads and residential areas. Traditionally we do not provide lighting within parks, this would require significant investment and detract from the provision of lighting on adopted roads and footways. If pedestrians do not feel safe while taking a short cut through park land during the hours of
darkness, we would encourage residents to keep to adopted footways which are properly lit.
QUESTION FROM COUNCILLOR ROSS OXBURGH FOR ANSWER BY CONVENER OF
ENVIRONMENT & HOUSING COMMITTEE AT THE FULL COUNCIL MEETING TO BE
HELD ON THURSDAY 15 MARCH 2018.
QUESTION
Can the Convener detail what plans there are to install on street charging points for electric cars?
Answer
The Scottish Government (SG) have committed to phase out the need for new petrol and diesel cars and vans by 2032. The SG have identified £35m in 2018/19 to be invested in Electric Vehicles (EV) charging points across Scotland. It is expected that a representative proportion of this will come to the Stirling Council area.
We are currently consulting with SG officials to consider an aligned national approach towards developing the EV charging systems, and intend to develop the infrastructure in a manner that helps Stirling to embrace the move to Electric Vehicles as part of the Local Transport Strategy(LTS). The parking strategy is currently being developed and will look at a coherent approach towards deploying our EV charging infrastructure, particularly catering for
park and ride sites and key car parks. We are also looking at the practicalities of on street charging and the possibilities of linking this to street lighting infrastructure. We currently have charging points in a number of car parks and we are looking at options to expand this provision to meet growing demand.
It is expected that EV charging will be expanded over the next few years as demand increases.
Supplementary Question and Answer
Councillor Oxburgh thanked the Convener of Environment & Housing Committee for his response and asked whether the Council had any plans to utilise the government charging scheme.
The Convener of Environment & Housing Committee acknowledged the scheme although noted that complexity would incur with the running of the cables.
QUESTION FROM COUNCILLOR MARTIN EARL FOR ANSWER BY THE CONVENER
OF CHILDREN & YOUNG PEOPLE COMMITTEE AT THE FULL COUNCIL MEETING TO
BE HELD ON THURSDAY 15 MARCH 2018.
QUESTION
Do Stirling Council and the Scottish Government agree on the cost of providing the extra hours of Early Learning and Childcare for the Stirling Council area as required by the Scottish Government and that are to be in place by August 2020.
Answer
Stirling Council will be submitting a fully costed plan for the delivery of 1140 hours on 2 March 2018. The plan will then be analysed by Scottish Government and an agreement as to the level of funding will be advised to Stirling Council in late April/ early May. At this stage the plan is a submission and no agreement on funding has been reached.
Supplementary Question and Answer
Councillor Earl thanked the Convener of Children & Young People Committee for her response and asked whether the money would follow the child and have extra flexibility and accessibility as soon as possible.
The Convener of Children & Young People Committee confirmed the Council were expecting to hear a response by end of April and anticipated that it would be flexible.
QUESTION FROM COUNCILLOR JEREMY MCDONALD FOR ANSWER BY CONVENER
OF ENVIRONMENT & HOUSING COMMITTEE AT THE FULL COUNCIL MEETING TO BE
HELD ON THURSDAY 15 MARCH 2018.
QUESTION
Can the convener provide an explanation as to why there have been consistent problems with the Council obtaining supplies of food waste bags that are made available, upon request, free of charge to residents?
Answer
The service has experienced a high number of requests for bio bags since the introduction of the co-mingled garden and food waste collection service. There are multiple ways in which the bags can be requested and this has created difficulty in the monitoring of stock. Going forward we are reviewing our stock control process.
APPENDIX 2
MEETING of the STIRLING COUNCIL to be held in the COUNCIL CHAMBERS, OLD VIEWFORTH, STIRLING on THURSDAY 15 MARCH 2018
Motion in Terms of Standing Order 16
Information/Advice from Officers
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Road Repair Situation
The current allocation of funding for road resurfacing is 77% of £4,500,000.00, which equates to £3,465,000.00. The motion would increase funding on the road network for permanent repairs including resurfacing and surface treatments to £4,215,000.00. The figure contained in our draft Annual Status and Options Report (ASOR) to maintain steady state is £4,260.000.00 (refer to 4.1.2 – Option 2 : Maintaining Steady State), therefore the figure contained in the proposed motion is comparable. The “Steady State” figure was calculated from the Scottish Road Maintenance Condition Survey carried out during the summer period of 2017 using rates derived from the National Road Asset Management project. It does not include any allowance for the recent deterioration of the carriageway surface resulting from the winter weather conditions.
The additional funding would be welcomed by the Service and would improve road condition by addressing some of our worst areas of surface condition and increase the areas of preventative maintenance throughout the Council’s network.
The overall funding figure would be present a challenge to the service in terms of resources, both from an operational perspective and for the Area Teams to deliver the design information required for these schemes. Some of the resurfacing works would need to be carried out by sub-contracts through our current framework arrangements
although the vast majority of the schemes would be completed by our “in-house” resurfacing teams. The design element would potentially be more challenging and may require an additional staff member to be hired on a temporary basis for 2-3 months in early summer.A supporting document can be provided for further information, if required.
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Park of Keir
Background – The Appeal Decision (Park of Keir)
Stirling Council refused an application for planning permission in principle for a Proposed Development Of New Tennis And Golf Centre, Including Museum And Visitor Centre, Indoor And Outdoor Tennis Courts, Golf Course With Clubhouse And Practice Areas, Hotel With Leisure And Conference Facilities, Multi-User Sports Pitch And Outdoor Play
Area, Cycle Trails And Footpaths, New Access Roads And Junction, New Tree Planting And Landscaping, Suds Pond And Associated Drainage Works, Car Parking And Servicing, And Enabling Housing Development at Park of Keir in December 2015 under Section 37(1)(b) of the Town and Country Planning (Scotland) Act 1997.During the course of the appeal the application was recalled for determination by Scottish Ministers.
The Scottish Government Planning Reporter considering the appeal recommended to Scottish Ministers that the appeal should be dismissed and that they should refuse to grant planning permission. However, Scottish Ministers are minded to grant planning permission in principle for the proposed development, subject to conditions and the conclusion of a planning obligation or other suitable legal agreement.
Progress with the Section 75 Legal Agreement:
The planning conditions have been determined by Scottish Ministers and are therefore not subject to further negotiation, other than as to the detail of how they are to be documented. The developer obligations pertaining to this decision would, in the normal way, be secured through a Section 75 legal agreement.
Section 75 legal agreements are legal mechanisms for use and agreement by the Council, as planning authority, with applicants for planning permissions. They are registered against the land which is the subject of the proposed development, in order to secure the delivery of those obligations which the permission is dependent upon, e.g. the
delivery of a certain level of affordable housing. Stemming from this there are a number of legal and practical reasons why negotiations on Section 75 legal agreements require to be undertaken by the planning authority with the relevant landowning parties (or applicant acting on their behalf). Ultimately, the Council, as planning authority, must be
content with the agreement, as it is responsible for the enforcement of the planning obligations.It is standard practice that the main commercial terms of any proposed Section 75 legal agreement, i.e. the obligations that the planning authority will look to secure in return for granting the planning permission in question, are set out in the decision of the planning
authority. Negotiations with the applicant/landowner on the detail of the Section 75 legal agreement are then progressed by officers under delegated authority, dealing directly with the applicant/landowners. This is understood to be standard practice across all planning authorities in Scotland when dealing with Section 75 legal agreements.Last year, following the Scottish Ministers issue of the decision notice on the appeal, the community councils of Dunblane and Bridge of Allan contacted officers of the Planning Service to request that the community councils be involved in the negotiation of the Section 75 legal agreement for the Park of Keir application. Officers agreed to make the process transparent by providing updates to the community councils on progress with these negotiations.
Negotiations with the applicant over the terms of Section 75 legal agreement remain ongoing. The Council and the applicant are seeking an extension of time from the Scottish Ministers to continue progress on these negotiations. The time extension request is until end June 2018. The current time extension expired at the end of February 2018.
Other Matters
As mentioned above, Section 75 legal agreements are progressed in negotiation between the planning authority, the applicant and relevant landowners. Those parties would need to agree to the involvement of any other parties.
It is not uncommon for negotiations to become protracted, depending on the complexity of the planning proposal and what matters the Section 75 legal agreement is seeking to secure.
However, agreement between the parties is not a prerequisite for planning permission to be issued, and failure by any party to substantively progress negotiations could lead to the imposition of a unilateral undertaking and the issue of the planning permission. A
unilateral undertaking cannot be imposed when both parties have requested a time extension to the Scottish Ministers and this has been granted. Provided that the Scottish Ministers agree to the further time extension requested then the parties will now have until the end of June 2018 to finalise matters and report back to the Scottish Ministers.As noted above, it would not be normal for the terms of a Section 75 legal agreement to be reported to a Committee/Panel. In addition, given the terms of the Ministers’ decision, there is a clear requirement on those obligations which are to be the subject of the legal agreement, and it would not be competent for a Committee/Panel to seek to alter that.
Further, Section 75 legal agreements deal with legal and commercial matters, which would often not be appropriate for consideration in a public meeting, or discussion with third parties, especially where, as here, the agreement has not yet been finalised and is still being negotiated. This being the case, it would be the clear recommendation of
officers that, if this matter was to be the subject of a report to Committee/Panel, it should be by way of an exempt report, considered in private. It is acknowledged that this might not provide the level of openness and transparency some might wish, but it would still
enable elected member oversight, and officers would still be able to advise relevant community councils of the current status of matters, albeit not all the detail.In addition, given the comments above, it is likely that any such report would only be “for noting”, and no substantive decision would be sought from the Committee/Panel.
Given the unusual set of circumstances here, the Scheme of Delegation is not prescriptive as to whether such a report should go to the Environment & Housing Committee or the Planning & Regulation Panel. However, this is a matter that would be resolved by discussion between relevant officers and Conveners/Vice-Conveners.
Councillors Code of Conduct
As referred to above, the Park of Keir planning permission is still “live”, and given the Scottish Ministers’ have only considered the planning permission in principle, then should the development be taken forward by the applicant, the Council will still need to
consider the actual detail of what is proposed. This detail will either be dealt with by officers under the Scheme of Delegation, or by the Planning & Regulation Panel. As such, given members’ duties under the Councillors’ Code of Conduct, members should refrain from making any comment on the development actually proposed at Park of Keir,
or the related planning application. To do otherwise could compromise the future role of the Council, and individual members.The Chief Governance Officer will be able to provide additional advice at the Council meeting, should this be required.
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Scrutiny Panel
The Council has a statutory obligation to provide an Anti-Social Behaviour Strategy together with Police Scotland and this will be updated in 2018/19. The Strategy and ensuing Anti-Social Behaviour Policy will be presented to Elected Members for approval in the coming year. It may be helpful to defer the consideration of a possible scrutiny panel until this process is complete.
In the interim, more detailed quarterly updates and Elected Member briefings on enforcement work may be more effective. In addition, performance monitoring is reported to the Environment & Housing Committee, with the Committee providing the forum for scrutiny of the same.
As regards the practicalities of establishing such a Scrutiny Panel, there are a number of points that need to be considered.
Council can establish Scrutiny Panels. They are usually set up to investigate an aspect of service delivery and should be open, transparent and accountable. Scrutiny Panels should meet in public unless dealing with exempt information. They do not have decision making powers and will produce a final report with recommendations for the consideration of Council or a relevant Committee.
Scrutiny Panels can be chaired by an opposition or administration member, but it would usually be an opposition member. They should operate in an outward looking manner following an agreed workplan with specific timescales. Scrutiny Panels often invite service users, community groups and other relevant stakeholders to participate by means of giving evidence and considering best practice.
The Chief Executive would appoint an independent Lead Officer for the Panel and a Clerk.
In considering establishing a Scrutiny Panel, Council would be expected to:
Set out the proposed remit;
Appoint Members;
Appoint a Chair;
Set a timescale for the production of the final report; and
Agree whether the final report to come back to Council or one of the decision making committees.