STIRLING COUNCIL

 

MINUTES of the MEETING of STIRLING COUNCIL held in the COUNCIL CHAMBERS,
VIEWFORTH, STIRLING on THURSDAY 28 SEPTEMBER 2017 at 10.00 AM

 

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 Bryan FLANNAGAN
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, Interim Director of Children, Communities & Enterprise
Jim Boyle, Chief Officer – Finance (Localities & Infrastructure)
Alastair Brown, Director of Localities & Infrastructure

Stewart Carruth, Chief Executive

Lesley Gallagher, Regeneration & Wellbeing Service Manager (Children, Communities &
Enterprise)

Graham Gibson, Communications Officer (Children, Communities & Enterprise)
Rebecca Jardine, Communications Officer (Children, Communities & Enterprise)
Kristine Johnson, Chief Officer HR & OD (Children, Communities & Enterprise)

Kevin Kelman, Senior Manager Schools & Learning (Children, Communities & Enterprise)
James McDonald, Children and Families Team Leader (Children, Communities & Enterprise)
Louise McDonald, Support Officer (Localities & Infrastructure)

Isabel McKnight, Chief Officer – Strategic Commissioning & Customer Development
(Children, Communities & Enterprise)

John McMillan, Integrated Facilities Management Service Manager (Localities &
Infrastructure)

Ewen Murray, Chief Finance Officer, Chief Finance Officer Clackmannanshire and Stirling
Health & Social Care Partnership

Kevin O’Kane, Audit Manager (Localities & Infrastructure)

Stuart Oliver, Economic Growth Service Manager (Children, Communities & Enterprise)
Nicole Paterson, Senior Manager Environment & Place (Localities & Infrastructure)
Brian Roberts, Senior Manager Infrastructure (Localities & Infrastructure)

Fiona Robertson, Interim Senior Manager Economic Development & Regeneration
(Children, Communities & Enterprise)

Kirsty Street, Governance Intern (Localities & Infrastructure)
Karen Swan, Committee Officer (Localities & Infrastructure)

Marie Valente, Senior Manager Children & Families (Children, Communities & Enterprise)
Margaret Wallace, Safer, Connected Communities Service Manager (Children, Communities
& Enterprise)

Gregor Wightman, Property & Private Sector Housing Manager (Localities & Infrastructure)
Iain Wynne, Accountant (Localities & Infrastructure)

Iain Strachan, Chief Officer - Governance (Localities & Infrastructure) (Clerk)‌‌

 

Announcements

 

Prior to the start of the meeting, Provost Christine Simpson congratulated Councillor Danny Gibson on the birth of his second child and Councillor Ross Oxburgh who recently got married.

 

She also indicated that two short statements would also be addressed to the meeting of Council.

 

Councillor Alastair Majury advised he would like to take this opportunity to address the full Council. He stated that he abhorred sectarianism and any form of hatred. He wished to apologise unreservedly to his fellow Councillors, Council Officers, his constituents, friends and family for the hurt and offense he had caused. He now wished the opportunity to show what he can do for the people of Dunblane and Bridge of Allan.

 

Councillor Neil Benny advised the Council that morning he had accepted Councillor Robert Davies resignation from the Conservative Party.

 

SC29 APOLOGIES

 

There were no apologies submitted.

 

SC30 DECLARATIONS OF INTEREST

 

Councillor Graham Lambie declared a non-financial interest in agenda Item 25
(Stirling Common Good Fund Application for Funding – Guardians of Scotland Trust) as he was a Member of the Trust.

 

Councillor Maureen Bennison declared a non-financial interest in agenda Item 25 (Stirling Common Good Fund Application for Funding – Guardians of Scotland Trust) as she was a Member of the Trust.

 

Provost Christine Simpson declared a non-financial interest in agenda Item 25
(Stirling Common Good Fund Application for Funding – Guardians of Scotland Trust) as she was a Member of the Trust.

 

SC31 URGENT BUSINESS

 

There were no items of urgent business.

SC32 MINUTES‌‌‌‌‌‌‌‌

 

1. Reconvened Meeting of Stirling Council – 24 May 2017

    

   The Minutes of the Reconvened Meeting of Stirling Council held on 24 May 2017 were agreed as an accurate record of proceedings.‌

    

2. Stirling Council – 22 June 2017

    

   The Minutes of the Stirling Council held on 22 June 2017 were agreed as an accurate record of proceedings.

    

3. Appeals Panel (AM) – 1 August 2017

    

   The Minutes of the Appeals Panel (AM) held on 1 August 2017 were agreed as an accurate record of proceedings.

    

4. Appeals Panel (PM) – 1 August 2017

    

   The Minutes of the Appeals Panel (PM) held on 1 August 2017 were agreed as an accurate record of proceedings.

    

5. Appeals Panel – 14 August 2017

    

   The Minutes of the Appeals Panel held on 14 August 2017 were agreed as an accurate record of proceedings.

    

6. Citizenship Appointments Panel – 22 August 2017

    

   The Minutes of the Citizenship Appointments Panel held on 22 August 2017 were agreed as an accurate record of proceedings.

    

7. Local Body Review – 21 August 2017

    

   The Minutes of the Local Body Review held on 21 August 2017 were agreed as an accurate record of proceedings.

    

8. Local Review Body – 28 August 2017

 

The Minutes of the Local Review Body held on 28 August 2017 were agreed as
an accurate record of proceedings.

SC33 WRITTEN QUESTIONS‌

 

Seven 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.

 

SC34 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 Jeremy McDonald - Minutes of Meeting of Community Planning &
Regeneration Committee on 7 September 2017 (CR011 – Question regarding
Citizens Advice Bureau)

 

The Leader of the Council confirmed that the Citizens Advice Bureau was a valued service and that the Council was reviewing the best way to allocate funding.

 

Councillor Alistair Berrill – Minutes of Meeting of Stirling Council on 22 June
2017 (SC15 – Question regarding Parking Enforcement)

 

The Convener of Environment & Housing Committee confirmed that there was no written policy in respect of training for Enforcement Officers and no direct or indirect incentive for officers. It was noted that illegal parking had diminished since the introduction of Enforcement Officers.

 

Councillor Douglas Dodds – Minutes of Meeting of Stirling Council on 22 June
2017 (SC22 – Question regarding Waste Services Collection System)

 

The Convener of Environment & Housing Committee confirmed that the Environment & Housing Committee had received and discussed reports on the waste services collection system, noting that the city centre collection was still due to be rolled out. He welcomed any open discussion on the Waste Collection system.

 

Councillor Martin Earl – Minutes of Meeting of Stirling Council on 22 June 2017
(SC21 – Question regarding Strathyre Primary School Refurbishment)

 

The Convener of Education Committee confirmed she would get clarity on the exact completion date of the school and when pupils would be able to return to the new school.

Councillor Neil Benny – Minutes of Meeting of Public Safety Committee (PU8 –
Police Measuring Activity)‌

 

The Convener of Public Safety Committee confirmed that Police performance should be monitored against the absence of crime rather than the Police measuring activity level.

 

SC35 DISTRICT OF STIRLING LICENSING BOARD - VACANCY

 

The report, submitted by the Director of Localities & Infrastructure, invited Council to make an appointment to fill a vacancy on the District of Stirling Licensing Board.

 

Decision

 

The Council agreed to appointment Councillor Maureen Bennison to serve on the District of Stirling Licensing Board.

 

(Reference: Report by Director of Localities & Infrastructure, dated 15 August 2017 submitted)

 

SC36 VACANCY – APPOINTMENT TO PLANNING AND REGULATION PANEL

 

The report, submitted by the Director of Localities & Infrastructure, invited the Council to make an appointment to fill a vacancy on the Planning & Regulation Panel.

 

Decision

 

The Council agreed to appoint Councillor Neil Benny to the Planning & Regulation Panel.

 

(Reference: Report by Director of Localities & Infrastructure, dated 25 August 2017 submitted)

 

SC37 CITIZENSHIP APPOINTMENTS PANEL – RE-APPOINTMENTS OF REPORTING / CURATORS AD LITEM

 

The Citizenship Appointments Panel was convened on 22 August 2017 for the
purpose of interviewing a number of the Council’s existing Panel of Reporting
Officers / Curators ad Litem for re-appointment to that Panel.

 

The report, submitted by the Director of Localities & Infrastructure, invited the Panel to approve the re-appointments of the Reporting Officers / Curators ad Litem as recommended by the Citizenship Appointments Panel.

 

The report also asked Council to note the Citizenship Appointment Panel’s request that the procedures around which the appointments to these posts and terms on which the appointments were made, should be refined. Delegated authority was sought to enable the Chief Officer – Governance to define and confirm the terms and conditions relating to these appointments going forward.

 

Council was also asked to approve a new set of eligibility criteria for appointments to the Panel of Reporting Officers and Curators ad Litem.

Elected Members expressed thanks to the individuals involved as it was a valued service.

 

Decision

 

The Council agreed:-

1. to delegate authority to the Chief Officer – Governance to define and confirm the terms and conditions relating to the appointments to the Council’s Panel of Reporting Officers and Curators ad Litem, in consultation with the Senior Manager – Children & Families (Chief Social Work Officer), who had delegated authority to set fees in respect of those appointments (CCE3 of the Chief Executive’s Scheme of Sub-Delegation);

2. to re-appoint, as recommended by the Citizenship Appointments Panel, those noted at paragraph 3.9 within the report, to the Council’s Panel of Reporting Officers / Curators ad Litem, for a period of two years, subject to their acceptance of the terms and conditions of these appointments; and

3. that the eligibility criteria for those appointed to the Panel of Reporting Officers and Curators ad Litem would be that they:-

   1. were a Solicitor or a Solicitor Advocate holding a valid Practicing
      Certificate from the Law Society of Scotland;

   2. were an Advocate who was a practicing member of the Faculty of
      Advocates;

   3. were a Social Worker with a valid registration with the Scottish Social Services Council; or

   4. if they do not have a valid professional registration under (i), (ii) or (iii) that they had such other experience and qualifications that satisfy the Chief Officer – Governance and Senior Manager – Children & Families (Chief Social Work Officer) as to their suitability for appointment onto this Panel.

 

(Reference: Report by Director of Localities & Infrastructure, dated 1 September 2017 submitted)

 

SC38 VACANCY – TAYSIDE & CENTRAL SCOTLAND TRANSPORT PARTNERSHIP(TACTRAN)

 

The report, submitted by the Director of Localities & Infrastructure invited the Council to fill an appointment on the Board of the Tayside & Central Scotland Transport Partnership (TACTRAN).

 

Tayside & Central Scotland Transport Partnership (TACTRAN) was one of seven
statutory Regional Transport Partnerships covering the whole of Scotland, which was created under the Transport (Scotland) Act 2005. The Tactran region included the local authority area of Angus, Dundee City, Perth & Kinross and Stirling which together made up just under 10% of Scotland’s land mass and nearly 12% of the national population.

Decision

 

The Council agreed to appoint Councillor Jim Thomson to the Board of the Tayside & Central Scotland Transport Partnership (TACTRAN).

 

(Reference: Report by Director of Localities & Infrastructure, no date submitted)

 

SC39 APPOINTMENT OF STATUTORY RELIGIOUS REPRESENTATIVE TO THE COMMITTEE

 

The report, submitted by the Director of Localities & Infrastructure advised Council that Mrs Jane Morris had tendered her resignation as the Scottish Episcopal Church representative on the Education Committee.‌

 

Council was asked to appoint a replacement for Mrs Morris on the Education
Committee.

 

Section 31 of the Local Government (Scotland) Act 2003 required that any
Committee appointment by the Council to deal with matters relating to the discharge of the Council’s functions as education authority must include, amongst its membership, three statutory religious representative.

 

These statutory representative must be one representative nominated by the Church of Scotland, one representative by the Roman Catholic Church and one
representative nominated by Scottish Episcopal Church, having regard to the
comparative strength within the area of all churches and on denominational bodies.

 

Decision

 

The Council agreed to appoint Mr Nick Morris as the Scottish Episcopal Church
Statutory religious representative on the Education Committee.

 

(Reference: Report by Director of Localities & Infrastructure, no date submitted)

 

SC40 AUDIT COMMITTEE ANNUAL REPORT 2016-17

 

The report, submitted by the Directory of Localities & Infrastructure presented the Audit Committee Annual Report for 2016-17.

 

The preparation of an Annual Report enabled the Audit Committee to meet best practice requirements set out in guidance titled ‘Audit Committees: Practical Guidance for Local Authorities and Police’ issued by the Chartered Institute of Public Finance and Accountancy (CIPFA) in 2013.

 

The Audit Committee Annual Report enabled the Audit Committee to meet CIPFA best practice requirements relating to the accountability for the work of the Committee ‘to those charged with governance’, and to provide, at least annually, an assessment of the Committee’s performance in discharging its role and functions.

 

The Audit Committee Annual Report for 2016-17 was approved by the Audit
Committee on 31 August for submission to the Council, and was attached at
Appendix 2 to the report for the Council’s consideration and endorsement. It was timed to support the Council’s consideration of the audited Annual Accounts.

Members thanked the previous external auditors, Grant Thornton, and Stirling Council’s Internal Audit for their excellent work.‌

 

Decision

 

The Council agreed to endorse the Audit Committee Annual Report 2016-17,
attached at Appendix 2 to the report, noting specifically the Audit Committee
Assurance Statements contained within the report at pages 12 and 13.

 

(Reference: Report by Director of Localities & Infrastructure, dated 6 September 2017 submitted)

 

SC41 CLACKMANNANSHIRE AND STIRLING HEALTH & SOCIAL CARE ANNUAL PERFORMANCE REPORT 2016/17

 

The report, submitted by Interim Director of Children, Communities & Enterprise presented the Clackmannanshire and Stirling Health and Social Care Partnership’s first Annual Performance Report (APR) which was approved in draft form by the Integration Joint Board (IJB) on 27 June 2017. The report, covering the financial year 2016/17, was a statutory document which was required to be published before the end of July 2017.

 

The Annual Performance Report had been drawn up with input from colleagues
across the Partnership. It reported on performance against the National Outcomes and Indicators, as required by the legislation, and was an opportunity for the Partnership to reflect on the wide and varied activities and improvements that had been achieved over the year, and consider how well they were moving towards delivering the Partnership’s Strategic Plan outcomes.

 

Elected Members welcomed the report and in response to questions raised, the Chief Finance Officer, Clackmannanshire and Stirling Health & Social Care Partnership confirmed that once the results of the Care at Home Review had been submitted to the Integration Joint Board, he would be able to circulate to Elected Members.

 

He also noted that Support at Home would be reviewed and Elected Members
updated and that he would clarify to Elected Members whether the Model of
Neighbourhood Care would be expanded within the North West.

 

Following concerns raised by Elected Members on statistic for related to
Homelessness and Delayed Discharge, the Chief Finance Officer, Clackmannanshire & Social Care Partnership noted the aforementioned and would discuss them with the Integration Joint Board.

 

Decision

 

The Council agreed to note Clackmannanshire and Stirling Health and Social Care Partnership’s Annual Performance Report for 2016/17, contained in Appendix 2 to the report.

 

(Reference: Report by Interim Director of Children, Communities & Enterprise, dated 7 September 2017 submitted)

SC42 SCOTTISH LEAVERS CARE COVENANT

 

The Scottish Care Leavers Covenant was launched nationally in October 2015. It was intended to support corporate parents to improve the lives of care leavers. The Covenant was co-produced by a number of agencies, including Who Cares? Scotland, Barnardos, the Life Changes Trust, the Centre for Excellence for Looked After Children in Scotland, the Centre for Youth and Criminal Justice and the Scottish Throughcare and Aftercare Forum.

 

The Covenant called on all corporate parents to endorse its approach and commit to uphold and promote its principles, within and across their remits and responsibilities.

 

The Covenant was brought before Stirling Council on the 3 March 2016, with a
recommendation that we should support its content. A decision was made to endorse the Scottish Care Leavers Covenant. A further update was presented to Social Care and Health Committee on 19 January 2017.

 

The report, submitted by Interim Director of Children, Communities & Enterprise, provided Council with an update on the progress made by services through our Corporate Parenting activities since the decision to endorse the Covenant was taken in March 2016.

 

Following Members concerns that the provision in training of mental health needs for young people was less than adequate, the Senior Manager Children & Families confirmed support was available through the CAMS, Educational physiologist service and that the school nursing service was being reviewed to be able to support these needs.

 

Members also noted that the skills set required for young people to be tenancy ready seemed to be lacking. A comprehensive package of support addressing the proper developmental skills needed to be addressed.

 

The Senior Manager Children & Families to update Councillor Gibson on total
number of young people accessing housing points system.

 

Members praised and congratulated the service on the work achieved, noting that success was measured by each individual young person.

 

Decision

 

The Council agreed to note the progress of the activities undertaken in relation to the Scottish Care Leavers Covenant and agreed that future updates on this would be reported within the Information Bulletin going forward.

 

(Reference: Report by Interim Director of Children, Communities & Enterprise, dated 6 September 2017 submitted)

SC43 SCOTTISH CITIES ALLIANCE‌‌

 

The report, submitted by Interim Director of Children, Communities & Enterprise provided Council with an update on the work of the Scottish Cities Alliance (SCA) over the past year and outlined the programme of activity, across all SCA work streams, taken place over the next six months.‌

 

Scotland’s seven cities were the economic, cultural, social and intellectual
powerhouses of our nation and operate in a global environment.

 

By combining their strengths and celebrating their diversity, Scotland’s seven cities would enhance their role in stimulating, sustaining and delivering Scotland’s future economic growth. Working together, they share a long term 20 year vision of a successful Scotland as a place to work, live, innovate, study and visit.

 

In response to Members questions, Economic Growth Service Manager confirmed that the completed feasibility study on Innovative Wind and details on the development of a business model for future provision of assisted living
accommodation across the cities would be forwarded on to Members once it was available.

 

Decision

 

The Council agreed to note the content of the report.

 

(Reference: Report by Interim Director of Children, Communities & Enterprise, dated 31 August 2017 submitted)

 

SC44 STIRLING CITY REGION DEAL PROGRAMME UPDATE – SEPTEMBER 2017

 

The report, submitted by Interim Director of Children, Communities & Enterprise provided Council with an update on the Stirling City Region Deal programme. The programme outlined a bold, shared ambition and a once-in-a-generation opportunity to reposition Stirling as an economic and cultural powerhouse to rival the best in the world. This would be achieved in a way that benefits everyone across the area and particularly those who were most in need.

 

The update highlighted progress and developments since the last update to Council in March 2017. It included details of a number of developments that would be delivered over the next few months, a progress report on rural and city projects currently being delivered through the Council’s capital programme, and the latest information about Stirling and Clackmannanshire’s negotiations with Scottish and UK governments.

 

The Economic Growth Service Manager noted Members concerns of the general expectations of the Stirling City Region Deal and confirmed specific projects and details of the wider programme.

 

Members welcomed the report and acknowledged the benefits for the whole of
Stirling Council area.

 

Decision

 

The Council agreed to note the report.

(Reference: Report by Interim Director of Children, Communities & Enterprise, dated 6 September 2017 submitted)‌

 

SC45 STIRLING COUNCIL AUDITED ACCOUNTS 2016/2017

 

The Council’s External Auditors, Audit Scotland, had certified Stirling Council’s
Accounts for the year to 31 March 2017.

 

The Audit Committee meeting of 31 August 2017 approved for signature the audited Accounts of Stirling Council for the year ended 31 March 2017 in line with the requirements of the Local Authority Accounts (Scotland) Regulations 2014.

 

The report outlined the key features of the financial position displayed in the 2016/17 Audited Accounts, and it was pleasing to note that there was no qualifications to the Independent Auditor’s Report. The Auditor’s Final Report on the Accounts was the subject of a separate report on the Council’s agenda.

 

A copy of the Stirling Council Abstract of Accounts 2016/17 had been placed on the public website.‌‌

 

Members passed on congratulations to the Chief Officer – Finance and his team.

 

Decision

 

The Council agreed to note the Annual Accounts in respect of Stirling Council for the year ended 31 March 2017.

 

(Reference: Report by Director of Localities & Infrastructure, dated 6 September 2017, submitted)

 

SC46 EXTERNAL AUDIT – ANNUAL REPORT TO THOSE CHARGED WITH AND THE CONTROLLER OF AUDIT FOR FINANCIAL YEAR
ENDED 31 MARCH 2017

 

International Standard on Auditing (UK and Ireland) 260 (ISA 260) required auditors to report specific matters arising from the audit of the financial statements to those charged with governance of a body in sufficient time to enable the appropriate action.

 

Appendix 2 to the report contained the ISA 260 report which drew to the attention of those charged with governance, matters for their consideration before the financial statements were approved and certified. The Audit Committee meeting of 31 August 2017 considered the report.

 

The Council was required to provide a letter of representation to the external auditor as part of audit procedures prior to the signing of financial statements. A draft letter for approval had been presented in the ISA 260 report. This was approved by the Audit Committee and signed by the Council’s Chief Finance Officer, Jim Boyle, as the Accountable Officer.

Appendix 3 to the report contained the annual report on the 2016/17 audit which identified significant findings from the financial statements audit. The section headed “Significant findings from the audit in accordance with ISA260” in the Annual Audit Report sets out the issues identified.

 

Decision

 

The Council agreed:-‌‌‌

 

1. to note the content of the ISA 260 report,

    

2. to note the content of the letter of representation; and

    

3. to note the recommendations made within the appendix to the draft annual audit report and the relevant Officer responses.

    

   (Reference: Report by Director of Localities & Infrastructure, dated 6 September 2017 submitted)

    

   SC47 COMMON GOOD FUNDS AND CHARITABLE TRUSTS AUDITED ACCOUNTS
   2016/17

    

   The Council’s External Auditors, Audit Scotland, had certified the Accounts for the year 31 March 2017 of the Stirling, Bridge of Allan, Callander and Dunblane Common Good Funds, the Dunblane Cemetery Memorial Garden (Maintenance) Trust, and a further 19 small Charitable Trusts.

    

   The Audit Committee meeting of 31 August 2017 approved for signature the audited Accounts of the Common Good Funds and Charitable Trusts Accounts for the year ended 31 March 2017 in line with the requirements of the Local Authority Accounts (Scotland) Regulations 2014.

    

   The Auditor’s Final Reports on the accounts were the subject of a separate report on the Council agenda, and it was pleasing to note that there were no qualifications to the Independent Audit Reports on the respective accounts.

    

   Copies of the respective Accounts for the year to 31 March 2017 had been placed on the public website.

    

   Decision

    

   The Council agreed to note the Annual Accounts of the Common Good Fund and Charitable Trusts for the year ended 31 March 2017.

    

   (Reference: Report by Director of Localities & Infrastructure, dated 19 September 2017, submitted)

   SC48 EXTERNAL AUDIT – CHARITABLE TRUSTS ADMINISTERED BY STIRLING – REPORT TO THOSE CHARGED WITH GOVERNANCE ON THE
   2016/17 AUDIT‌

    

   An audit was required for all registered charities where the local authority was the sole trustee, irrespective of the size of the charity. It was due to the interaction of section 106 of the Local Government (Scotland) Act 1973 with the Charities Accounts (Scotland) Regulations 2006. The auditor of Stirling Council, Audit Scotland had been
   appointed as the auditor of the following trusts:

    

   1. Stirling Council Common Good Fund

   2. Stirling Council Consolidated Small Charitable Trusts

   3. Dunblane Cemetery Memorial Garden (Maintenance) Trust

 

International Standard on Auditing (UK and Ireland) 260 (ISA 260) required auditors to report specific matters arising from the audit of the financial statements to those charge with governance of a body in sufficient time to enable appropriate action.

 

The ISA 260 report set out for the trustees’ consideration of the matters arising from the audit of the financial statements for 2016/17 that required to be reported under ISA 260. The Audit Committee of 31 August 2017 considered the report.

 

As part of the completion of the audit, the Auditor sought written assurances from the Accountable Officer on aspects of the financial statements and judgements and estimates made. A draft letter of representation was included at Appendix D of the ISA 260 report. This was approved by the Audit Committee and signed by the Council’s Chief Finance Officer, Jim Boyle, as the Accountable Officer.‌

 

Decision

 

The Council agreed:-

 

1. to note the content of the ISA 260 report on the Charitable Trusts; and

    

2. to note the content of the letter of representation.

 

(Reference: Report by Director of Localities & Infrastructure, dated 6 September 2017 submitted)

 

SC49 EXTERNAL AUDIT – STIRLING COUNCIL LOCAL SCRUITINY PLAN 2017/18

 

The Stirling Council Local Scrutiny Plan for 2017/18 was set out in Appendix 2, to the report, was considered by the Audit Committee meeting of 31 August 2017.

 

The local scrutiny plan set out the planned scrutiny activity in Stirling Council during the financial year 2017/18. The plan was based on a shared risk assessment undertaken by a local area network (LAN), comprising representatives of all the scrutiny bodies who engage with the Council. The shared risk assessment process draws on a range of evidence with the aim of determining any scrutiny activity required and focusing it in the most proportionate way.

The plan does not identify or address all risks in the Council. It covers only those risk areas that the LAN identified that required scrutiny, or where scrutiny was planned as part of a national programme. Planned scrutiny activity across all Councils in Scotland informs the National Scrutiny Plan for 2017/18, which was available on the Audit Scotland website.

 

Decision

 

The Council agreed to note the content of the Stirling Council Local Scrutiny Plan 2017/18.

 

(Reference: Report by Director of Localities & Infrastructure, dated 6 September 2017, submitted)

 

SC50 HOUSING – CAPITAL INVESTMENT PROGRAMME 2017/18 – ACCELERATIONRENEWABLE TECHNOLOGY PROGRAMME

 

The report, submitted by Director of Localities & Infrastructure, detailed that the Housing Service had an obligation to meet the Energy Efficiency Standard for Social Housing (EESSH) target set for 2020. The main focus of this had been the installation of Solar Photovoltaic Panels on houses that provided renewable energy for the tenants and also provided an income to the housing service from a Feed-in- tariff (FIT).

 

Within the approved 5 year Housing Investment Plan (2014/15 to 2018/19) there was £2M of capital investment allocated for Renewable Technology for 2017/18 and £2M for 2018/19.

 

Due to the ever decreasing FIT income rates housing service seek to bring forward the allocated £2M spend from 2018-19 into the current year to maximise the revenue income.

 

Decision

 

The Council agreed to approve the acceleration of the renewables technology
programme by bringing forward the £2.0M allocated for 2018-19 into the current year giving a total investment of £4.0M, which £2.0M would be funded from prudential borrowing by HRA.

 

(Reference: Report by Director of Localities & Infrastructure, dated 5 September 2017, submitted)

 

SC51 FORMER ST. MARGARET’S PRIMARY SCHOOL SITE, COWIE – REQUEST TO SITE FROM GENERAL FUND TO HOUSING REVENUE ACCOUNT

 

The report, submitted by Director of Localities & Infrastructure, concerned the former St. Margaret’s Primary School site in Cowie. The whole site, 1.48 acres, was held on the General Fund and it was proposed that the new site would be transferred to the Housing Revenue Account for the construction of new social rented housing.

 

The former school buildings which occupied the site had been demolished earlier this year. It had been allocated in the Proposed Local Development Plan for the provision of affordable housing.

It had been anticipated that the market value of the site for transfer to the Housing Revenue Account for use as affordable housing would be nil. The costs of demolishing the former school buildings and associated service disconnections would be met from the Strategic Housing Account, which sought to support strategic housing objectives in the Stirling Council area.

 

Decision

 

The Council agreed:-

1. to the transfer of the former St. Margaret’s Primary School site to the Housing Revenue Account;

2. that the transfer from the General Fund to the Housing Revenue Account should be undertaken at nil value; and

3. to note that as the end use of the site was for social rented housing, the transfer could be handled by way of a General Consent rather than needing to apply to Scottish Ministers for consent on an individual basis.

 

(Reference: Report by Director of Localities & Infrastructure, no dated submitted)

 

In terms of Standing order 39, the Provost adjourned the meeting
at 12.10pm for a comfort break.

 

The Meeting reconvened at 12.20pm

 

Councillor Alasdair MacPherson left the meeting at the comfort break.

 

SC52 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.

 

1. Park of Keir
Motion

“Council is concerned that the democratic decision of the Council’s Planning Panel, alongwith the representation from the community and the judgement of the independent reporter were set aside by the Planning Minister.

 

Council resolves to instruct the Leader of the Council to write to the First Minister outlining these concerns and calls on a review of the powers of ministers in Edinburgh to stop them overruling local decision making.”

 

Signed by Councillor Douglas Dodds and Councillor Neil Benny.

 

Councillor Scott Famer proposed, and seconded by Councillor Evelyn Tweed, the direct negative.

On the roll being called the Members present voted as follows:-
For the Motion (14)

Councillor Neil Benny
Councillor Alistair Berrill
Councillor Margaret Brisley
Councillor Robert Davies
Councillor Douglas Dodds
Councillor Martin Earl
Councillor Bryan Flannagan
Councillor Danny Gibson
Councillor Chris Kane
Councillor Alastair Majury
Councillor Jeremy McDonald
Councillor Ross Oxburgh
Councillor Christine Simpson
Councillor Alasdair Tollemache

 

Not Voting (8)

 

Councillor Maureen Bennison
Councillor Scott Farmer
Councillor Graham Houston
Councillor Graham Lambie
Councillor Alison Laurie
Councillor Susan McGill
Councillor Jim Thomson
Councillor Evelyn Tweed

 

Decision

 

The Motion was carried by 14 votes to 0, with 8 Members not voting, and accordingly it was agreed that Council is concerned that the democratic decision of the Council’s Planning Panel, along with the representation from the community and the judgement of the independent reporter were set aside by the Planning Minister.

 

Council resolves to instruct the Leader of the Council to write to the First Minister outlining these concerns and calls on a review of the powers of ministers in Edinburgh to stop them overruling local decision making.

 

(b) C60 Bus Service
Motion

“Council believes that the C60 Bus Service is of vital importance to the northern rural area.

 

Council resolves to commit to providing a timetabled bus service on this route and will take the opportunity to review the route to include Tyndrum and Crainlarich.

 

Council instructs officers to bring forward proposals for the provision of service to the next meeting of the Environment Committee.”

Signed by Councillor Martin Earl and Councillor Jeremy McDonald

 

Amendment

 

“Council believes that the C60 Bus Service is of vital importance to the northern rural area.

 

Council resolves to investigate all options to ensure adequate transport provision to the northern rural are including Tyndrum and Crianlarich.

 

Council tasks officers to bring forward proposals for the provision of service to a future meeting of the Environment and Housing Committee.”

 

Signed by Councillor Jim Thomson and Councillor Danny Gibson
On the roll being called the Members present voted as follows:-
For the Amendment (13)

Councillor Maureen Bennison
Councillor Margaret Brisley
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

 

Against the Amendment (9)

 

Councillor Neil Benny
Councillor Alistair Berrill
Councillor Robert Davies
Councillor Douglas Dodds
Councillor Martin Earl
Councillor Bryan Flannagan
Councillor Alastair Majury
Councillor Jeremy McDonald
Councillor Ross Oxburgh

 

The Amendment was carried by 13 votes to 9 and became the Substantive Motion.

 

In light of the amendment becoming the Substantive Motion, the Substantive Motion was agreed unanimously without the need for a further vote on the same.

 

Decision

 

The Council believes that the C60 Bus Service is of vital importance to the northern rural area.

Council resolves to investigate all options to ensure adequate transport provision to the northern rural are including Tyndrum and Crianlarich.

 

Council tasks officers to bring forward proposals for the provision of service to a future meeting of the Environment and Housing Committee.”

 

Provost Christine Simpson having declared a non-financial interest in Guardians of Scotland Trust, relinquished the Chair during consideration of the following item.

 

Councillor Maureen Bennison and Councillor Graham Lambie also left the Council Chambers.

 

Vice Convener Graham Houston took the Chair.

 

SC53 STIRLING COMMON GOOD FUND APPLICATION FOR FUNDING – GUARDIANS
OF SCOTLAND TRUST

 

On 18 September 2017, a special meeting of the Provost’s Panel was convened to discuss an application to the Stirling Common Good Fund for funding to the Guardians of Scotland Trust.

 

At this meeting, the Panel agreed:-

 

1. to recommend to Stirling Council that it consider and approve the request from the Guardians of Scotland Trust to grant up to £23,000 from Stirling Common Good Fund to support development of the Stirling Bridge Project, subject to more financial information being provided; and

2. to recommend that Stirling Council delegate authority to the Chief Officer – Governance to approve the draw down of funds as required, from the Stirling Common Good Fund up to £23,000, should the said request be approved by Stirling Council, subject to satisfactory evidence of costs being provided.

 

Following a lengthy discussion, Members were in agreement to support the funding for the lighting of the Bridge only. The Members highlighted concerns over the funding of the Stirling Bridge Project, in particular, land ownership, the attraction of Stirling Bridge itself and design of the model.

 

Due to lack of defined information on funding to the Stirling Bridge Project, the Members felt it appropriate that delegated authority be given to Chief Officer – Governance to consult with Guardians of Scotland on further details.

 

Decision

 

The Council agreed:-

1. to delegate to the Chief Officer – Governance the authority to consult with Guardians of Scotland Trust and attain the exact funding figures required for the proposed lighting of Stirling Bridge only, and in consultation with Group Leaders, decide the said required draw-down of funds; and

2. to delegate to the Chief Officer – Governance to consult with the Guardians of Scotland Trust on the exact details of the request for investment to the Stirling Bridge Project and in consultation with Group Leaders decide a process by which Elected Members could be consulted upon the same and the request for funding considered and any necessary action then taken.

 

(Reference: Report by Director of Localities & Infrastructure, dated 21 September 2017, submitted)

 

Councillor Margaret Brisley left the meeting.

 

The Committee resolved under Section 50A (4) of the Local Government (Scotland)
Act 1973 that the public be excluded from the meeting for the following item of
business on the grounds they involved the disclosure of exempt information as
defined in Paragraph 9, of Part 1 of Schedule 7A of the Local Government (Scotland)
Act 1973.

 

SC54 SPORT, PHYSICAL ACTIVITY AND WELLBEING SERVICE: BUSINESS CASE

 

The report, submitted by Interim Director of Children, Communities & Enterprise,
detailed that in February 2017 the Council took the decision to create a business
case to inform the future provision of sport, physical activity and wellbeing.

 

Detailed work was undertaken to prepare the case. It had resulted in a clear
recommendation on how best to proceed with the future provision of the sport,
physical activity and wellbeing service.

 

Following a lengthy discussion by Members, Interim Director of Children,
Communities & Enterprise clarified that recruitment would be in consultation with
Political Group Leaders to ensure a clear and transparent process. Members also
expressed the opinion that the process of recruitment be delegated to a Special
Meeting of Community Planning & Regeneration Committee to agree the process of
recruitment.

 

Decision

 

The Council agreed

 

1. the consideration of the three options put forward in the business case, namely:

    

   • set up a completely new organisation;

   • undertake a partial “light” reconstitution of the current provider; or

   • undertake a full reconstitution of the current provider.

      

2. to approve the officer recommendation contained within the business case – namely that option three – a full reconstitution of the current provider would be undertaken – and instruct officers to take forward implementation;

    

3. to receive an update at the next Council meeting, which details the
   implementation timeline, including for Council approval of final service
   specification and contract monitoring arrangements;

4. to delegate to a Special Meeting of Community Planning & Regeneration
   Committee the authority to agree the process of recruitment to the Board of the reconstituted provider; and

    

5. to approve a further six months extension to the current contract with Active Stirling Ltd pending implementation of the recommendation at 2 above.

 

(Reference: Report by Interim Director of Children, Communities & Enterprise, dated 10 September 2017, submitted)

 

The Provost closed the meeting at 1.50 pm.

Appendix 1

 

QUESTION FROM COUNCILLOR NEIL BENNY FOR ANSWER BY LEADER OF
COUNCIL AT THE FULL COUNCIL MEETING TO BE HELD ON THURSDAY 28
SEPTEMBER 2017.

 

QUESTION

 

To ask the Council Leader what plans he has to consult with the public on the council's financial position going forward?

 

Answer

 

Since 2014/15 the Council has operated Priority Based Budgeting (PBB) as the principal means of consulting with the public on our financial position and our plans for addressing the budget from year to year and also over the medium-term horizon. PBB has greatly opened up how we share budget and financial information with the public and has been a notable improvement in our engagement with a wide range of stakeholders on financial matters as well as wider service changes.

 

The Administration also supports the development of participatory budgeting as a natural extension of our own PBB regime, by increasing public involvement in the decision-making process. This also aligns well with the Scottish Government’s Community Choices policy initiative, which is also aimed at empowering our public and our communities to have a more
direct influence in decisions that affect the vital services they receive. The Administration would fully intend to support at least 1% of our budget being subject to public decision making influence. Officers will be developing proposals for how this consultation can be most effectively carried out and this will be shared with the Administration and the Council in due course. It would be our intention to have some form of participatory budgeting in place
for the forthcoming 2018/19 budget process.

 

QUESTION FROM COUNCILLOR DOUGLAS DODDS FOR ANSWER BY CONVENER OF
THE ENVIRONMENT & HOUSING COMMITTEE AT THE FULL COUNCIL MEETING TO
BE HELD ON THURSDAY 28 SEPTEMBER 2017.

 

QUESTION

 

Can the Environment & Housing Convener provide information as to the current practices used for managing the 2.7 million square metres of grass the Council is responsible for, including how cuttings are dealt with ?

 

Answer

 

The majority of grass cut is on a 10 working day cutting cycle. There are a variety of different management regimes in place appropriate to the location and nature of the grass being managed and maintained by the Local Authority.

 

The target cut heights for most grass types (general, amenity, cemetery, etc.) are that grass is cut to 25mm. Verges, etc. are to 100mm - 130mm though this is often also influenced by ground and weather conditions. Grass is not generally collected and would incur significant transport and tipping charges if collection of arisings was adopted as normal practice. Rural verge cutting is contracted out.

 

Supplementary Question and Answer

 

Councillor Dodds thanked the Convener of Environment & Housing Committee for his response and asked whether he would reconsider the number of cuts assigned.

 

The Convener of Environment & Housing Committee clarified a review of the Open Space Strategy would be undertaken.

QUESTION FROM COUNCILLOR BRYAN FLANNAGAN FOR ANSWER BY CONVENER
OF EDUCATION COMMITTEE AT THE FULL COUNCIL MEETING TO BE HELD ON
THURSDAY 28 SEPTEMBER 2017.

 

QUESTION

 

Would the Convener advise how many vacancies and in what specific roles there are for qualified Teaching Staff and classroom support staff across the schools & nurseries the Local Authority has responsibility for ?

 

Answer

 

Teaching 12 posts;

 

Depute Head Teacher 1 post (Primary)

Principal Teacher 3 posts (1 Secondary & 2 Primary)

Teacher 8 posts (4 Secondary & 4 Primary)

 

Non-Teaching 8 posts;

 

Senior ECE 1 post
ECE 2 posts

Inclusion Support worker 1 post

SLA 2 post (1 Secondary & 1 Primary)
Pool attendant 1 post

Admin 1 post (Secondary)

 

Supplementary Question and Answer

 

Councillor Flannagan thanked the Convener of Education Committee for her response and asked whether the school resources were being stretched due to these vacancies.

 

The Convener of Education Committee clarified that the schools were focused on the vacancies which were all advertised.

QUESTION FROM COUNCILLOR JEREMY MCDONALD FOR ANSWER BY CONVENER
OF FINANCE & ECOMONY COMMITTEE AT THE FULL COUNCIL MEETING TO BE
HELD ON THURSDAY 28 SEPTEMBER 2017.

 

QUESTION

 

Would the Convener publish the postcode areas that have been proposed by BT & DSSB to benefit from the extension of the current BDUK / DSSB programme (to run throughout 2018) and that will be funded by the ‘Gainshare’ revenues from the ‘Rest of Scotland’ project area?

 

Answer

 

The below postcode areas have been proposed by BT and DSSB to benefit from the extension of the current BDUK/DSSB programme, funded by ‘Gainshare’ revenues.

 

FK20
FK8
FK17

 

More specific information is not available publicly at present. However, we are working very closely with representatives from Digital Scotland, Scottish Government and providers to ensure Stirling fully benefits from the scheme.

 

Supplementary Question and Answer

 

Councillor McDonald thanked the Convener of Finance & Economy Committee and asked with R100 beginning in 2019, would funds be made available.

 

The Convener of Finance & Economy Committee clarified that the Council would review what resources were available.

QUESTION FROM COUNCILLOR MARTIN EARL FOR ANSWER BY LEADER OF THE
COUNCIL AT THE FULL COUNCIL MEETING TO BE HELD ON THURSDAY 28
SEPTEMBER 2017.

 

QUESTION

 

Would the Leader of the Council detail what meetings & correspondence have taken place since May this year between Stirling Council and Scottish Government with regards to funding the Flood Alleviation Scheme so vital to the Communities of Aberfoyle and the surrounding area ?

 

Answer

 

Our schemes went through a national prioritisation process and were accordingly input to the SEPA Flood Risk Management strategy and local Flood Risk Management Plan, the contents of which were reported to Housing & Environment committee and agreed prior to its publication in June 2016.

 

43 schemes nationally were taken forward for funding at that time but Aberfoyle did not make it onto that list. The next opportunity for Scottish Government funding would be to submit a design and costs for cycle 2 prioritisation which has a deadline of September 2019 for submissions.

 

We continue to provide quarterly updates to SEPA through Local Plan District Partnership meetings on all schemes. These are collated nationally and reported to Scottish Government by SEPA.

 

Supplementary Question and Answer

 

Councillor Earl thanked the Leader of the Council for his response and asked that a clear commitment for vital flood alleviation work to start in Aberfoyle in 2018.

 

The Leader of the Council confirmed that the Council, along with consulting with the community and the Scottish Government, would take into consideration the work needed for flood alleviation at Aberfoyle in the next budget.

QUESTION FROM COUNCILLOR ROBERT DAVIES FOR ANSWER BY CONVENER OF
ENVIRONMENT & HOUSING COMMITTEE AT THE FULL COUNCIL MEETING TO BE
HELD ON THURSDAY 28 SEPTEMBER 2017.

 

QUESTION

 

Can the Convener detail what actions are being taken to address road safety issues and to maximise the economic benefit arising from increasing numbers of visitors to locations in the rural south west such as Dumgoyne, Queens View and Finnich used in popular TV series and films?

 

Answer

 

Officers have been working with communities, businesses and Police Scotland to minimise the impact that visitors to these sites have on the safety of themselves and other road users. A number of measures have been implemented to improve and manage safety where
possible including;

 

The A809 route (from the A811 junction (road to Balloch) over to Bearsden/Milngavie) in particular has received investment over the last 6 years to improve its accident record. It was reported by Eurorap in 2016 as one of the most improved routes in the country.

 

Queen’s View – A number of improvements have been implemented at this site including vehicle activated signage, new and additional warning signs and high friction surfacing.

 

Finnich Glen - Verge marker posts have been installed to help prevent indiscriminate parking, pedestrian warning signage to be erected.

 

Glengoyne Distillery – installation of new vehicle speed activated signs in advance of Distillery access, coloured surfacing to highlight pedestrian crossing point, installation of rumble strips to encourage slower vehicle speeds, recommendation made to Distillery to improve pedestrian access on site.

 

The economic potential of Stirling as a filming location is being fully explored with a view to building significantly on what is already a strong contributor to the local economy and ensuring that the positive impact of productions being shot in Stirling is fully maximised.

 

A more positive approach to marketing and selling Stirling as a great location for filming is being taken through pro-active targeting of location managers and agents along with more regular promotion of the existing success stories.

 

Dependent on film location however, extra visitors can bring additional health and safety issues, particularly relating to road safety. The Economic Growth Service is proactively engaging with partners and land-owners in these instances to look at what can be done to improve safety such as through improved warning signage and infrastructure improvements.

A good example of this is at Finnich Glen. This location is popular with film and tv productions and this has generated significant additional footfall to the area. This additional visitation has led to marked health and safety challenges, including road safety, due to the nature of the site. We are actively engaged with the land owner of Finnich Glen with a view to a) investigating the short, medium and long-term potential of the Finnich Glen site as a major tourism development and b) looking at what can be done to improve safety at the site
in all respects.

 

Supplementary Question and Answer

 

Councillor Davies thanked the Convener of Environment & Housing Committee for his response and asked that parking at these sites be addressed.

 

The Convener of Environment & Housing Committee accepted the interest that TV series and films have in the Stirling area and that he would meet with Councillor Davies to review the parking issues surround this.

QUESTION FROM COUNCILLOR ALISTAIR BERRILL FOR ANSWER BY CONVENER
OF EDUCATION COMMITTEE AT THE FULL COUNCIL MEETING TO BE HELD ON
THURSDAY 28 SEPTEMBER 2017.

 

QUESTION

 

Is the Convener aware that Scotland's schools recorded their worst ever performance in the most recent PISA international survey of pupils, and does she agree with Education Secretary John Swinney when he said the results made uncomfortable reading?

 

Answer

 

I am aware of the PISA results from 2015 which were published December 2016 and share the Education Secretary’s determination to continue to drive up standards in education.

 

Supplementary Question and Answer

 

Councillor Berrill thanked the Convener of Education Committee for her response and asked whether she agreed with Stirling’s MSP or Deputy First Minister on their comments.

 

The Convener of Education Committee noted that the statistics and confirmed that both Cornton and Riverside schools had recorded good results.

APPENDIX 2

 

MEETING of the STIRLING COUNCIL to be held in the COUNCIL CHAMBERS,
OLD VIEWFORTH, STIRLING on THURSDAY 28 SEPTMBER 2017

 

Motion in Terms of Standing Order 16
Information/Advice from Officers

1. 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.

    

   Under Section 47(1) (appeals against planning decisions) of the Town and Country Planning (Scotland) Act 1997 the applicant appealed this decision to the Scottish Government Planning and Environmental Appeals Decision and a Reporter was appointed under the Town and Country Planning (Determination of Appeals by Appointed Persons)(Prescribed Classes)(Scotland) Regulations 2010.

    

   The Reporter held an inquiry in September 2016 to hear the case on specified matters for the appellant, the council, Dunblane and Bridge of Allan Community Councils, Arnbathie Developments Ltd and RAGE.

    

   The application was recalled for determination by Scottish Ministers, in exercise of the powers under paragraph 3(1) of Schedule 4 to the Town and Country Planning (Scotland) Act 1997, because the potential economic, tourism and sporting benefits of the proposal were considered to be of national importance.

    

   The Scottish Government Planning Reporter, having considered all the evidence, recommended to Scottish Ministers that the appeal should be dismissed and that they should refuse to grant planning permission in principle for the proposed development at Park of Keir. However, Scottish Ministers were 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.

    

   Summary on Background:

    

   The appeal decision followed planning process set out in legislation. The reason
   for the Scottish Ministerial ‘call-in’ was due to the Ministers’ consideration of the
   national importance of the proposals.

   Other Issues to consider:

    

   The Scottish Government is currently reviewing the planning system for Scotland. In January 2017 they published a consultation paper ‘Planning, People and Places’. Some of the key issues that they raised for potential change related the appeal system with 2 main proposals for change:

    

   1. more smaller scale appeals being determined locally through the Local Review Bodies of Councils rather than through the Department of Planning and Environmental Appeal; and

   2. Major appeals that are not determined locally would be automatically determined by Scottish Ministers rather than Reporters appointed by the (DPEA)

       

      The appeal route for the Park of Keir appeal had these changes been in place would have been ii) i.e. a decision being made automatically by the Ministers.

       

      In June 2017 the Scottish Government published a paper summarising the responses that they have received following consultation on the above paper. This paper reported that
      there was limited support for both i) and ii) and that the Scottish Government would not be moving to implement changes under ii).

       

      Conclusions

       

      The Scottish Government is reviewing the planning system, including the appeal process. Following consultation on proposals related to the appeal system, it would appear that the changes that they had been suggesting are no longer being pursued following low support being expressed. In any case, had the proposed changes been in place for the determination of this appeal this would not have led to a different appeal route for this appeal.

       

      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.

2. C60 Bus Service

 

The Bus service C60 between Callander and Killin is currently operated by Kingshouse Travel Ltd on behalf of Stirling Council. The contract contains a clause whereby it may be terminated voluntarily by the operator or the Council giving at least four months’ notice to the other party.

 

The motion asks that “Council resolves to commit to providing a timetabled bus service on [the C60] route”. Given that the Council cannot itself provide such a bus service, the motion is not competent in this regard. However, with the consent of the Provost, it would be open to the proposer and seconder to suggest a revision to the submitted motion.

 

Due to an anticipated shortage of PSV-qualified drivers next year, Kingshouse Travel Ltd have given notice of voluntary termination of the contract, such that their final day of operation of this service will be Saturday 30 December 2017. The company will continue to provide Demand Responsive Transport (DRT) services for the Council.

 

Community Engagement Sessions

The Council is currently undertaking engagement sessions with the communities that have access to this service with a view to considering how best to replace this service from January 2018.

 

The engagement sessions are taking place:

 

• Friday 22 September 14:00-16:00 at McLaren Hall, Killin;

• Monday 25 September 18:00-20:00 at Killin Primary School;

• Tuesday 26 September 18:00-20:00 at Lochearnhead Village Hall;

• Wednesday 27 September 14:00-16:00 at Strathyre Village Hall;

• Wednesday 27 September 18:00-21:00 at Crianlarich Village Hall.

 

Following the initial consultation session at Killin on Friday 22 September a suggestion was that the bus could operate through to Crianliarich/Tyndrum. A draft timetable for this suggestion has been complied and will be taken to the subsequent engagement sessions listed above to gather further feedback from the community and identify if this would meet their needs.

 

Next Steps for Consideration

 

The views of communities will be reviewed prior to going out to the market for the preferred options. As bus operators, other than Kingshouse Travel Ltd, are all some distance away, this could have a possible impact on the operating costs and could make a replacement bus service unaffordable within the current budget provision.

 

The following options are being reviewed:

 

• a ‘like for like’ replacement of the bus service;

• replacement of the current bus service with an amended timetable;

• replacement of the bus service by a DRT service;

• assisting with the recruitment and training of drivers for the current provider.