| NOTICE BOARD Peebles Civic Society
Peebles Civic Society aims to encourage high standards of architecture and planning and tries to promote wide public participation in the formulation of planning decisions. It seeks also to encourage interest in the past, present and future of Peebles and the preservation, improvement and development of the amenity of the town.
If these aims are similar to your own then you are encouraged to join the society and help continue the work being carried out on behalf of the town and its people.
POSTCARD FOR PEEBLES COMPETITION 2009Entries must be submitted by 1st July. See entry form for details .
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COMMON GOOD FUND
The following is a copy of the latest letter sent to the Scottish Borders Council on the subject of the Common Good FundLoaningwood
Edderston Road
Peebles
EH45 9DT
13 January 2009
Mr Ian Wilkie
Head of Legal Services
Scottish Borders Council
Council Headquarters
Newtown St Boswells
MELROSE
TD6 0SA
Dear Mr Wilkie
PEEBLES COMMON GOOD
Thank you for your detailed reply of 08.12.2008. This was discussed at the last meeting of the Committee the Society and I now write with our further response.
On the basis of previous numbering:
1. Thank you for confirming that we have correctly extracted the decisions from the Council’s minutes, except in respect of ‘Training for new Members’ in point 5. We agree that recommendation 5 in the Working Group’s report is as you have given it, but we see that in para 2.2 of the report of 23.10.2008 by the Director of Corporate Resources it says “The recommendations of the Working Group were as follows:” and includes the reference to training under recommendation 5. Can that be explained, please? We would very much like to see this included, if at all possible, as we are sure that it is important for Councillors to understand their duties and separate responsibilities as trustees of the Common Good.
2. Thank you for confirming that officers of SBC will take account of Lord Wark’s judicial opinion on the definition of Common Good, along with Common Good case law generally, when reporting on Common Good assets. So often the impression is given by the Council that it is extremely difficult to decide what is and what is not Common Good, whereas Lord Wark’s definition makes it perfectly simple. May we therefore again ask the Council to recognise Lord Wark’s definition as at least the initial basis for compilation of Common Good asset lists, which would then be open to challenge on the basis of Common Good case law generally?
3(b) We note that the maps can be made available at any scale but we would appreciate confirmation that they will be made available at a scale of not smaller than 1:2500 in local offices and libraries.
We accept that these maps are not definitive, but believe that it is preferable to show all property that is considered to be Common Good, requiring any challenge to be substantiated.
We note that the Council will accept written submissions with evidence relating to moveable assets.
4. We did not ask about the availability of the proposed FAQ document. We asked that its preparation should be subject to public consultation including consultation with this Society. Without such consultation we cannot imagine that the document would have credibility.
5. Thank you. We look forward to seeing in due course the report on the possibility of the Council grant-aiding Common Good funds.
6. Noted, thank you, that legal agreements will be drawn up for the use of Common Good operational assets.
7. We understand from the LASAAC guidance (December 2007) that some Common Goods are registered as charities and that some are not. As the cumulative funds of the Common Goods within Scottish Borders are registered as a charity, would you please advise us of the perceived benefits and disbenefits and other implications of being so?
Yours sincerely
Ronald Ireland
Chairman
Copies to: Peebles and District Community Council
Councillor Graham Garvie
Councillor Gavin Logan
PEEBLES COMMON GOOD & PEEBLES CIVIC SOCIETY
1. PCS concern about Peebles Common Good began in 1993 with the prospect of impending local government reorganisation and the demise of Tweeddale District Council. In due course PCS accepted the re-assurances of the Chief Executive (Mr Graham Garvie) that Peebles Common Good would be satisfactorily administered after re-organisation.
2. However, PCS concern was renewed in 1999 when the list of Peebles Common Good heritable assets differed from that produced in 1990, and we were told that “The list of assets, when finalised, will be available to anyone living in Peebles.” The indications were that there was uncertainty about the correct composition of the Common Good heritable assets, and PCS began correspondence seeking clarification of the discrepancies.
3. Obvious difficulties were that:
there was inconsistency in the naming of properties; and
there was no indication of their extent.
4. Significant progress was made in 2003 when Scottish Borders Council produced a list of Common Good assets was together with a map – but with the rider that “this is not a definitive list of Assets. These may be added to or subtracted from as events dictate.”
5. Lack of progress in compiling a definitive list was ascribed to the amount of work involved in assessing all property deeds. There was a proposal that outside consultants should be employed for the purpose, but in January 2006 the Council decided not to do so.
6. In 2006 SBC referred PCS to “Common Good Law” by Andrew C Ferguson as their recommended textbook.
7. In September 2006 Peebles Common Good Working Group agreed that PCS should have access to the title deeds of properties on the asset lists. This appeared to be a major step forward. However, when in February 2007 PCS suggested that the title deeds of Glen Craig indicated it to be Common Good, no response was received.
8. In August 2008, the Council produced a “Review of Common Good Funds in the Scottish Borders”. This has much to commend it. However, it fails to include the definition of Common Good provided in a Scottish Parliamentary Answer in 2006, and omits reference to the agreed provision of councillor training in Common Good. In its preparation there was no consultation with PCS, despite the latter’s long involvement with the Council in Common Good matters.
9. Subsequently, in November 2008, the Council responded with observations on our principal asset list queries, but there has been no response to our immediate counter observations.
10. In February 2009, Peebles Common Good Working Group accepted recommendations from the Director of Corporate Resources for the transfer of several Common Good properties to the Council without, apparently, any scrutiny. Subsequent challenges by PCS have not, in our view, been properly dealt with. PCS believe that to resolve this matter satisfactorily each property in question needs to be fully assessed as recommended by Ferguson, and the assessments made available for public scrutiny.
JBT/12.06.09
COMMON GOOD REFERENCE DOCUMENTS
1. 23 January 2004
Enquiry – Common Good Funds
Scottish Parliament Information Centre reply.
2. November 2004
“Scottish Borders Council – Investigation into complaints surrounding the stewardship of the Common Good Fund”, commissioned by Audit Scotland and undertaken by Scott-Moncrieff.
3. November 2005
“Common Good Land in Scotland – A Review and Critique” by Andy Wightman and James Perman.
4. 2006
“Common Good Law” by Andrew C Ferguson.
The textbook recommended by Scottish Borders Council.
5. March 2007
Letter from Scottish Executive to local authority Directors of Finance with guidance following Public Petitions 875 (Miss M E Mackenzie), 896 and 961; and associated letter from Deputy Minister for Finance.
6. March 20076
Audit Scotland’s Code of Audit Practice.
7. December 2007
“Accounting for the Common Good Fund – A Guidance Note for Practitioners” by LASAAC (The Local Authorities (Scotland) Accounting Advisory Committee)
8. 6 December 2007
“Common Good – A Quick Guide” by Andy Wightman.
9. June 2008
“The Management of Common Good Assets and Funds” by the local authority Improvement Service.
10. August 2008
“A Review of Common Good Funds in the Scottish Borders” by Scottish Borders Council.
11. “A Research Guide to Community Land Rights” by Andy Wightman (?) is expected to be available autumn 2009.
12. Websites:
http://www.scottishcommons.org/commongood.htm A comprehensive website providing information.
http://www.scottishcommons.org/news.htm A website providing news of Common Good activity.
13. E-mail addresses:
andywightman@caledonia.org.uk and james@perman.co.uk Contacts for Andy Wightman and James Perman, leading authorities on and activists for the Common Good.
JBT/12.06.2009
13 Drovers Way
Peebles EH45 9BN
Mr Martin Wanless
Plans and Research Manager
Planning and Economic Development
Scottish Borders Council Council Headquarters
Newtown St. Boswells TD6 0SA
Dear Mr Wanless 1 June 2009
Local Plan Amendment Housing Provision for Peebles
We had an informal meeting with three of our Councillors recently to review various matters. One of the issues discussed was the provision of housing for the Structure Plan period 2006 to 2018. It was suggested that we send you our recent update of the Housing Land Audit for Peebles.
In our response to the Council on the Local Plan Amendment we highlighted our concern over the allowance of 250 houses and provided a copy of our own assessment in the form of a Peebles Civic Society 2006 Housing Land Audit – Running Assessment. Update 22 November 2008 showing a shortfall of 48 houses compared with the planned shortfall of 250 houses.
We have recently updated this running assessment with the result that the shortfall is now reduced to 27 on account of the planned redevelopment of the Dunwhinney Lodge site and small adjustments to the Taywood Whitehaugh numbers and Millers Old town.
We have extended the assessment this time to include additional Affordable Housing provision that we have seen announced in the Peebles times of 10 April 2009. We have made some provisional assumptions pending confirmation but you will see that there is a likelihood that there will be a surplus for the period 2006 – 2018 of 33.
We consider that this trend further reinforces our conclusion stated in our response to the Local Plan Alteration that there is no requirement during the Local Plan period 2006- 2018 for any of the proposed housing land allocations.
The outcome of our assessment is that as the housing provision made in the Structure Plan has already been met the provision of the 5 year land supply poses a problem. In the recent Structure Plan Amendment the Council quite rightly proposed a policy of restraint in the Northern Housing Market Area but we were disappointed that the Scottish Government intends to over-rule this proposal. In our response to the Scottish Government on their modifications to the Structure Plan Amendment we fully supported the Council on this issue.
We hope you find our assessment and conclusion useful in developing the plans for the future of Peebles.
Yours sincerely,
Gerard Bakker Sec Peebles Civic Society
Enclose: Peebles Civic Society 2006 Peebles Housing Land Audit Running Assessment updated 25 May 2009
Copies. Tweeddale Councillors
Civic Society Committee
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