Webcasting - Moray Council

Meeting Details

Policy and Resources Committee
9 Apr 2019 - 09:30
Occurred
  • Documents
  • Attendance
  • Visitors
  • Declarations of Interests

Documents

Agenda

Public Items
1 Sederunt
2 Declaration of Group Decisions and Members Interests *
2

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.

 

 

3 Resolution

Consider, and if so decide, adopt the following resolution:

"That under Section 50A (4) and (5) of the Local Government (Scotland) Act 1973, as amended, the public and media representatives be excluded from the meeting for Item 14 of business on the grounds that it involves the likely disclosure of exempt information of the class described in the relevant Paragraphs of Part 1 of Schedule 7A of the Act.”

 

3

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.

 

 

Paragraph No. of Minute

 

Paragraph No. of Schedule 7A

14

6, 9 and 12

4

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

 

5 Written Questions **
5

The Committee noted that no written questions had been submitted.

 

Report by the Corporate Director (Corporate Services)

 

6

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:

 

i)

note the work done to date to meet the targets set in the Corporate Asset Management PLan for 2018/19;

 

 ii)

 note the status of Asset Management Plans for each type of asset as set out in Appendix 2 of the report;

 

 iii)

note that the focus of asset management planning in the council has become sustainable financial planning with a focus on cost reduction, and

 

 iv)

approve the targets set in the Corporate Asset Management Plan for 2019/20 as detailed in Appendix 3 of the report.

 

 

7 pdf Planning Charges (81Kb)

Report by the Corporate Director (Economic Development, Planning & Infrastructure)

 

8

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.

 

 

Report by the Corporate Director (Economic Development, Planning & Infrastructure)

 

9

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).

 

 

Report by the Corporate Director (Corporate Services)

 

10

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:

 

i) 


 decline to consider the Asset Transfer Request made by Elgin Sports Community Trust for a rent-free lease of the site at Lesser Borough Briggs, Elgin as shown in the Appendix to the report;

 

 ii)


 instruct officers to undertake a public consultation (on a proposal to expose the site for sale or lease on the open market) in accordance with the legislative provisions for the disposal of Common Good property, as detailed in section 4(b) of the report;

 

 iii)

 instruct officer to report back to this Committee with the results of the public consultation to allow the Committee to consider whether to proceed to petition the court;

 

 iv)


note that exposing the site for sale or lease on the open market would not be a barrier to Elgin Sports Community Trust submitting a formal asset transfer request under Part 5 of the Community Empowerment (Scotland) Act 2015 at any time, and

 

 v)


 note that obtaining court consent would facilitate the disposal of the site by means of a sale or long lease to Elgin Sports Community Trust in the even of a transfer price being agreed.

 

 

 

Report by the Corporate Director (Economic Development, Planning & Infrastructure)

 

11

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:

 

i)

the Estates Manager to sell the subjects at 3 Logie Cottages, Forres, on the open market, bringing the trust to an end, and

 

 ii)


the Head of Legal and Democratic Services to bring a report back to this Committee with suitable alternative options for the Trustees to agree the distribution of the proceeds of the sale in accordance with the terms of the Trust.

 


Report by the Corporate Director (Corporate Services)

 

12

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.

 

 

 

 

Report by the Chief Executive

 

13

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:

 

i)

note the contents of the Complaints Annual Report 2016/17;

 

 ii)

welcome the performance as indicated in the report;

 

 iii)

note the actions being taken to improve performance where required, and

 

 iv)

 approve the report for submission to the Scottish Public Sector Ombudsman (SPSO).

 


13 Question Time ***

Consider any oral question on matters delegated to the Committee in terms of the Council's Scheme of Administration. 

 

14

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.

Chair
1

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

 

Private Items
14 Flood Compensation - Haugh Road Elgin [Paras 6,9 and 12]
  • Information relating to the financial or business affairs of any particular person(s);
  • Information on proposed terms and/or expenditure to be incurred by the Authority;
  • Information relating to instructions to counsel any opinion of counsel and any advice received, information obtained or action to be taken in connection with any legal proceedings;
Summary of Policy and Resources Committee functions:

To regulate, manage and monitor the finances of the Council both capital and revenue; to deal with staffing policies and practices other than for teaching staff; to deal with equal opportunities policies and practices; to deal with procurement policies and priorities; to deal with all matters relating to the Council’s duty to initiate, maintain and facilitate Community Planning; to ensure that the organisation, administrative and management processes of the Council are designed to make the most effective contribution to achieving the Council’s objectives; to provide all central support services; to exercise the functions of the Council in connection with the Registration of Births, Deaths and Marriages; to deal with valuation and electoral registration matters.

 

 

Supplementary Agenda

Public Items
Private Items

Meeting Documents

There are no separate meeting documents but there may be meeting documents assigned to the Agenda.

Declarations of Interests

Visitors

The Chief Executive, the Corporate Director (Economic Development, Planning & Infrastructure), the Head of Financial Services, the Head of Development Services, the Estates Manager, the Asset Management Coordinator and the Democratic Services Manager as Clerk to the Meeting.

 

ALSO PRESENT

 

Councillor D Ross.

 

 

 

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