Meeting Details

In terms of Standing Order 20 and the Councillors’ Code of Conduct, Councillors the meeting noted that there were no declarations from Group Leaders or Spokespersons in regard to any prior decisions taken on how Members will vote on any item on the agenda or any declarations of Member’s interests in respect of any item on the agenda.

The meeting resolved that in terms of Section 50A (4) and (5) of the Local Government (Scotland) Act 1973, as amended, the public and media representatives be excluded from the meeting during consideration of the items of business appearing at the relevant paragraphs of this minute as specified below, so as to avoid disclosure of exempt information of the class described in the appropriate paragraphs of Part 1 of Schedule 7A of the Act.

The Minute of the Meeting dated 12 February 2019 was submitted and approved.

The Committee noted that no written questions had been submitted.

A report was submitted by the Corporate Director (Corporate Services) providing the Committee with a report of progress made against the Corporate Asset Management Plan for 2018/19 and asking the committee to consider targets for 2019/20.

Following consideration the Committee agreed to:

A report was submitted by the Corporate Director (Economic Development, Planning & Infrastructure) informing the Committee of the proposed charges for planning related enquiries that are not covered by statutory fees set by the Scottish Government.

Following consideration the Committee agreed to the fees, following a review of non-statutory requests for non-material variations to approves schemes, pre-application advice, and enquiries relating to Listed Buildings as set out in Appendix 1 of the report.

A report was submitted by the Corporate Director (Economic Development, Planning & Infrastructure) asking the Committee to consider the delegation of powers afforded to Moray Council Trading Standards to East Ayrshire Trading Standards for the purpose of acting as host authority for Trading Standards Scotland (TSS). The principal purpose of the delegation is to ensure that TSS can continue to process personal data for law enforcement purposes under Part 3 of the Data Protection Act 2018.

Following consideration the Committee noted the report and agreed to the delegation of powers to East Ayrshire Trading Standards for the purpose of acting as host authority for Trading Standards Scotland (TSS).

A report was submitted by the Corporate Director (Corporate Services) inviting the Committee to consider an asset transfer request and options for the future in respect of land at Lesser Borough Briggs, Elgin.

During discussion Councillor Brown stated that he was surprised that the area of Common Good land at Deans Haugh which had been improved as a result of the recent flood alleviation work and which could only be used for sports purposes had been rejected by the Elgin Sports Community Trust  and whilst he was supportive of the principles of seeking further use for the land, was not in favour of the Asset Transfer to the Trust of the land which could be offered for commercial development which could generate income for the Common Good and further stated that the Elgin Sports Community Trust reconsider the facilities at Deans Haugh which was available to them now for a token fee.

The Chair sought clarification regarding the recommendations and whether if the Committee agreed to undertake a public consultation to expose the site for sale or lease, this would also mean that the Committee were agreeing to the Asset Transfer Request made by Elgin Sports Community Trust?

In response the Head of Financial Services advised that any decision taken today by the Committee were only in relation to the public consultation and that any decision subsequent to that consultation would require a report to come back to the committee outlining  the results of the consultation for its consideration and to take a decision at that stage whether or not to petition the court for consent to facilitate the disposal of the site.

Thereafter Councillor Brown stated that it was the position of him and the other two Conservative Councillors for Elgin that there is no need to undertake a public consultation on a proposal to expose he site for sale or lease and moved that the Committee delete recommendations 2.1 (ii) - (v) of the report and agree recommendation 2.1 (i) to decline the Asset Transfer Request made by Elgin Sports Community Turst for a rent-free lease of the site at Lesser Borough Briggs, Elgin as detailed in the Appendix to the report. 

On a division there voted:

For the motion (3):

Councillors Brown, Macrae and  Alexander.

For the amendment (8):

Councillors Cowe, Leadbitter, A McLean, Creswell, Divers, Edwards, Laing and Morrison.

Abstentions (0):

Accordingly, the Amendment became the finding of the Committee and it was agreed:

A report was submitted by the Corporate Director (Economic Development, Planning & Infrastructure) inviting the Committee to consider the future of 3 Logie Cottages, Forres which is a dwelling house held under a Public Trust.

Following consideration the Committee agree to instruct:

A report was submitted by the Corporate Director (Corporate Services) asking the Committee to consider The Woodlands Trust's application for a discretionary award of Non-Domestic Rates relief for its premises.

Following consideration the Committee agreed to approve the application, on its individual merits, from The Woodlands Trust and award the maximum twenty per cent discretionary Non-Domestic Rates relief for its premises at Unit 1, Forres Enterprise Park, Forres.

A report was submitted by the Chief Executive asking the Committee to consider the Complaints Annual Report 2016/17.

Following consideration the Committee agreed to:

Councillor Laing asked if there has been an increase in the number of FOI requests submitted to the Council over the last few months.  In response the Chief Executive advised that he would  seek an answer and that be provided to all members.

Under reference to paragraph 9 of the Minute of the meeting of this committee dated 12 February 2019 in relation to charging for services, Councillor Brown asked if a letter had been written to the Scottish Government highlighting the statutory charges that the Council is required to set that fall within the remit of the Integration Joint Board.  In response the Chief Executive advised that he will follow this up and advise the Committee in due course.

Councillor A McLean, being the Chair of the Policy and Resources Committee, chaired the meeting.