241218 Council Minute
North Ayrshire Council · 12 February 2025
Back to North Ayrshire Council — 12 February 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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North Ayrshire Council 18 December 2024 At a Meeting of North Ayrshire Council at 2.00 p.m. involving a combination of participation by remote electronic means and physical attendance within the Council Chambers, Irvine. Present (Physical Participation) John Bell, Marie Burns, Eleanor Collier, Scott Davidson, Anthea Dickson, Stewart Ferguson, Todd Ferguson, Scott Gallacher, Tony Gurney, Alan Hill, Mary Hume, Cameron Inglis, Christina Larsen, Shaun Macaulay, Tom Marshall, Jean McClung, Louise McLaughlan, Matthew McLean, Donald Reid, Donald L. Reid, Chloé Robertson, Ronnie Stalker, Angela Stephen and John Sweeney. Present (Remote Electronic Participation) Nairn Angus-McDonald, Charles Currie, Amanda Kerr, Davina McTiernan, Jim Montgomerie and Ian Murdoch. In Attendance C. Hatton, Chief Executive; C. Cameron, Director (Health and Social Care Partnership); D. Hammond, Executive Director (Communities and Housing); S. Anson, Executive Director (Education), R. McCutcheon, Executive Director (Place); D. Forbes, Senior Manager (Strategic Business Partner) (Finance); F. Walker, Head of Service (People and ICT). A. Craig, Head of Service (Democratic), R. Lynch, Senior Manager (Legal Services); J Hutcheson, Senior Communications Officer (Communications), C. Stewart and S. Wilson, Committee Services Officers (Democratic) (Corporate Services). Chair Provost Dickson in the Chair. Apologies Joe Cullinane, Robert Foster and Margaret Johnson. 1. Provost's Remarks The Provost welcomed those present to the meeting and dealt with preliminary matters, including intimation that the meeting, which was taking place on a hybrid basis, was being recorded. 2. Apologies The Provost invited intimation of apologies for absence, which were recorded. 3. Declarations of Interest There were no declarations of interest in terms of Standing Order 11 and Section 5 of the Councillors' Code of Conduct. There were no declarations of the Party Whip.
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4. Previous Minutes The accuracy of the Minutes of the Ordinary Meeting held on 6 November 2024 was confirmed and the Minutes signed in accordance with Paragraph 7(1) of Schedule 7 of the Local Government (Scotland) Act 1973. 5. Provost’s Report Submitted report by the Provost for the period from 28 October – 8 December 2024. Noted. 6. Leader’s Report Submitted report by the Leader of the Council for the period for 28 October – 8 December 2024 Noted. 7. Council Minute Volume Submitted for noting the Minutes of meetings of committees of the Council held in the period 29 October – 3 December 2024 Noted. 8. Composition of Political Groups and Revision of the Scheme of Administration and Standing Orders for Meetings and Proceedings of the Council and its Committees Submitted report by the Head of Service (Democratic Services) on the change in the composition of the Opposition Groups and proposed amendments to the Scheme of Administration and Standing Orders for Meetings and Proceedings of the Council and its Committees to reflect those changes. Councillor Kerr joined the meeting at this point. Members asked questions of the Monitoring Officer and were provided with further information in relation to: • the primary party name of Reform UK noted within the report and what appeared on the Electoral Commission webpage; • a review of the Appeals Committee membership; • the ranking of questions to ensure all Councillors have fair and equal opportunity to ask questions at Council meetings; • whether there was a requirement for Reform UK Members to declare a permanent interest as representatives of a private limited company; • how the proposed changes to Standing Orders would affect Independent Members;
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• guidance for Councillors on the requirement to declare an interest; • previous defections from a political party; • the grounds for holding a by-election; and • what consultation was undertaken with Independent Members on the allocation of lots for questions prior to the report being taken to Council. On a point of order, Councillor McLaughlan confirmed that her question on the procedure for calling a by-election was asked for clarity and was not a request for a by-election. The Monitoring Officer agreed to consult with Members and review the membership of the Appeals Committee. Councillor Burns, seconded by Councillor Macaulay, moved approval of the report and with effect from 19 December 2024, (i) the revised Scheme of Administration set out at Appendix 1 to the report and (ii) the revised Standing Orders for Meetings and Proceedings of the Council and Committees, set out at Appendix 2 to the report. As an amendment, Councillor Reid, seconded by Councillor McLaughlan, moved to amend the proposed ordering of lots in paragraph 14.3 of Standing Orders as follows: Lot 1 Main Opposition, Lot 2 Second Opposition, Lot 3 Third Opposition and Independent Members and Lot 4 the Administration. Members asked questions of clarification and received further information in relation to: • how the amendment would affect the opportunity of the Independent Members to ask questions; and • whether this had been discussed with the Independent Members prior to the meeting. There followed debate and summing up. On a division and roll call vote, there voted for the motion, Councillors Burns, Collier, Davidson, Dickson, S. Ferguson, T. Ferguson, Gallacher, Gurney, Larsen, Macaulay, Marshall, McClung, McLean, McTiernan, D.L. Reid, Robertson, Stalker and Stephen (18) and for the amendment, Councillors Angus-McDonald, Bell, Currie, Hill, Hume, Kerr, McLaughlan, Montgomerie and D. Reid (9), Councillors Inglis, Murdoch and Sweeney abstaining, and the motion was declared carried. Accordingly, the Council agreed to (a) note the changes in the composition of the Opposition Groups; (b) approve, with effect from 19 December 2024, (i) the revised Scheme of Administration set out at Appendix 1 to the report; (ii) the revised Standing Orders for Meetings and Proceedings of the Council and Committees, set out at Appendix 2 to the report. Councillor Sweeney left the meeting at this point.
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9. North Ayrshire Council Trust Funds - Investment Strategy 2024/25 Submitted a report by the Head of Service (Finance) on the Investment Strategy used to manage the external investments of North Ayrshire Council’s Charitable Trusts for 2024/25. Members asked questions and were provided with further information in relation to: • the categories of shares that the trusts hold; and • how future income from energy generation would be invested. Councillor Sweeney rejoined the meeting at this point. Councillor Larsen, seconded by Councillor Robertson, moved the approval of the North Ayrshire Council Trust Funds Investment Strategy 2024/25 set out in Appendix 1 to the report. There being no amendment, the motion was declared carried. Accordingly, the Council agreed to approve the North Ayrshire Council Trust Funds Investment Strategy 2024/25 set out in Appendix 1 to the report. 10. Questions In terms of Standing Order 14, submitted: (1) a question by Councillor Murdoch to the Cabinet Member for Green Environment and Economy in the following terms: What is North Ayrshire Council’s policy on issuing tickets to vehicles parked on land owned by private individuals or businesses? Councillor Gurney thanked the Member for his question and responded in the following terms: For vehicles parked on pavements on private land, where the road/pavement is available for vehicles/pedestrians to use and where there is a public right of passage, a Penalty Charge Notice (PCN) can be issued in accordance with the Transport (Scotland) Act 2019, irrespective of ownership. As a supplementary question, Councillor Murdoch asked if exemptions should apply to landowners, some of whom have owned their land for over 100 years, when the footway surface is wide enough to accommodate a full vehicle and still leave a standard pavement width or more for pedestrians to pass without obstruction? Councillor Gurney responded by advising that the Act includes provision to restrict parking of a vehicle on anything which you would regard as a pavement, footpath or footway.
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(2) a question by Councillor Robertson to the Cabinet Member for Finance in the following terms: To ask the Cabinet Member for Finance what the impact of the UK Government's proposed increase of employer National Insurance contributions will have on the Council's finances? Councillor Larsen thanked the Member for her question and responded in the following terms: The additional cost of the change for the Council is estimated at £6.5 million. The 2025/26 Budget Settlement for Councils does not include funding for this. There have been communications between UK Government and Scottish Government that indicate Scotland could receive a further £300 million from the UK Government to support the impact of the decision to raise employer National Insurance Contributions on the public sector. However, it is anticipated that the impact on Scotland’s public sector, including local government, as well as commissioned services and third sector organisations which provide statutory services, could be in excess of £700 million. The Scottish Government have committed to continue to work constructively with UK Government to provide the funding necessary to support public services. Following any confirmation, the Scottish Government have stated they will respond to COSLA in a way which is fair to the valued and proportionally larger public sector in Scotland. At this time the planning assumption in respect of the Council finances is that full funding will be provided, however, it is recognised that there is risk in this assumption. As a supplementary question, Councillor Robertson asked if the Council could be in a position where it had to find the money itself? Councillor Larsen responded confirming that this was part of ongoing discussions with the Scottish Government. (3) a question by Councillor Murdoch to the Cabinet Member for Green Environment and Economy in the following terms: Can the Cabinet Member please provide details of how North Ayrshire Council research which pavements are privately owned and how this information is passed on to the Enforcement Team? On a point of order, Councillor Inglis asked if a declaration of interest would be required from the Member asking the questions on parking enforcement notices. The Monitoring Officer confirmed that a declaration of interest was not required at this stage based on the questions asked relating to North Ayrshire Council policy and not personal circumstance. Councillor Gurney thanked the Member for his question and responded in the following terms:
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The Council does not need to research this. As outlined in the previous response, if the road/pavement is available for vehicles/pedestrians to use, the prohibitions apply, irrespective of ownership. As a supplementary question, Councillor Murdoch asked if a ‘common sense’ approach should be used when deciding which streets should be given exemptions, for example, bus routes to schools, privately owned land and streets with no alternative parking or clear access for emergency vehicles. The Monitoring Officer confirmed that the Council is bound by statute and this matter does not fall within its capacity to consider. Councillor Gurney acknowledged the advice from the Monitoring officer and the importance of adhering the regulatory process. (4) a question by Councillor Murdoch to the Cabinet Member for Green Environment and Economy in the following terms: Can the Cabinet Member please provide the number of tickets issued for Pavement Parking in each Ward in North Ayrshire? Councillor Gurney thanked the Member for his question and responded in the following terms: The numbers of PCNs issued for each town in respect of the Pavement Parking Ban are: Ardrossan 99 Beith 35 Brodick 1 Dalry 17 Fairlie 31 Irvine 223 Kilbirnie 43 Kilwinning 76 Largs 263 Millport 3 Portencross 1 Saltcoats 306 Skelmorlie 2 Stevenston 43 West Kilbride 22 Note: As well as this 95 PCNs have been issued for A&B roads not classified against a specific town. Data provided is for the timescale up to 22 November 2024. Councillor Gallacher left the meeting at this point.
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As a supplementary question, Councillor Murdoch asked why North Ayrshire Council did not carry out a full communications exercise on the enforcement of pavement parking legislation as they did for decriminalised parking enforcement? Councillor Gurney responded and advised that communications were issued by North Ayrshire Council and the Scottish Government to remind people that these restrictions were being introduced. Councillor Gurney noted that he believed the level of communications issued ahead of these restrictions being introduced were satisfactory. 11. Motions In terms of Standing Order 15, submitted: (1) a motion by Councillor Macaulay, seconded by Councillor Angus-McDonald, in the following terms: The motion proposes that North Ayrshire Council, together with Carers Gateway North Ayrshire, commit to making sustainable change, by creating better opportunities for young carers. Signing up to the Young Carer Covenant can help drive this. The Young Carers Covenant sets out ten key outcomes that will improve young carers’ life chances. It envisions a future where all young carers and young adult carers: • Are identified at the earliest opportunity • Can access and succeed in employment/training opportunities • Are safe and secure • Feel they have choice in their lives • Can access and benefit from the rights they have • Are able to thrive in education • Have time for themselves • Can access support for them and their families • Have good physical and mental health • Live free from poverty By signing up to the covenant, we will show our commitment to taking practical and meaningful action to help make these outcomes a reality. Councillor Gallacher rejoined the meeting at this point. A Member asked a question and received clarification from the mover of the motion on whether there were any material changes to processes required to support this motion. There being no amendment, the motion was declared carried.
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(2) a motion by Councillor Inglis, seconded by Councillor Stalker, in the following terms: Council recognises: • The hard work that farmers in North Ayrshire do every day to help put food on our tables • That the recent announcement to increase inheritance tax for farmers will cause many to leave the industry and give up land which has been part of their family for generations Council agrees to: • Write to the president of the National Farmers Union for Scotland Martin Kennedy to show support to farmers in North Ayrshire and Scotland • Write to the UK government expressing disappointment at its decisions to increase inheritance tax for farmers and ask for the treasury to reconsider this policy Members asked questions of clarification of the mover of the motion and received further information in relation to: • what percentage of farms which received the agricultural property relief had a value in excess of £1 million; and • the impact of the increased inheritance tax on the 20 parishes within North Ayrshire. As an amendment, Councillor McLean, seconded by S Ferguson, moved that: Council recognises: • The invaluable contribution that farmers in North Ayrshire make every day, ensuring the availability of food for local communities, and the critical role they play in sustaining the local economy and preserving our rural landscapes. • That the recent decision to increase inheritance tax on farmland is a direct attack on the viability of family farms, threatening the future of generational farming in North Ayrshire and across Scotland. • The potential for many farmers to be forced out of business, leading to the fragmentation of family farms, the loss of agricultural land, and the abandonment of land that has been in families for generations. • The growing concerns raised by the No Farmers, No Food campaign, which highlights the existential threat to food production and security posed by policies that undermine the farming sector. Council strongly condemns: • The UK government’s decision to raise inheritance tax on farmland, which will disproportionately affect small and family-run farms, many of which are unable to absorb the increased tax burden. This policy will not only harm farmers but
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also threaten food security, local economies, and the sustainability of rural communities. Council agrees to: 1. Write to Martin Kennedy, President of the National Farmers Union for Scotland, expressing full support for farmers in North Ayrshire and Scotland, and standing in solidarity with the No Farmers, No Food campaign in its fight to protect the future of farming. 2. Write to the UK government to express profound disappointment at its decision to increase inheritance tax on farmers, urging the Treasury to urgently reconsider the policy to avoid further damage to the agricultural sector and to safeguard family-owned farms across Scotland. 3. Request that ask that during any further periodical review of policy, such as LDP3, CWB, VDLS, environmental policy and both employment and youth employment that we take into account the changes to APR and Inheritance Tax and its impact on the rural economy and communities. 4. Ask that the use of agricultural land and its suitability for development or otherwise is considered as part of the LDP3 process. In terms of Standing Order 6.8, the Provost agreed that the meeting be adjourned at 3.25 p.m. for a short comfort break to consider the motion and amendment, reconvening at 3.32 p.m. with the same Members and officers present. Members asked questions of clarification of the mover of the amendment and received further information in relation to: • further periodical review of policy noted at point 3 of the amendment and the Council’s capacity in terms of resource; • the legalities around the LDP3 planning process; • the context of agricultural land and whether this was all land in North Ayrshire or only land owned by the Council. On a point of clarification, Councillor Currie asked if he required to make a declaration of interest as an ex-farmer and landowner. The Monitoring Officer confirmed no declaration of interest was required. As a further amendment, Councillor Angus-McDonald, seconded by Councillor Bell, moved that Council recognises: • The hard work that farmers in North Ayrshire do every day to help put food on our tables
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• That the vast majority of family farms will pay no more inheritance tax under the new proposals than they did before and that those wealthy landowners who use farmland as a tax haven will be made to pay their fair share. Council agrees to: • Write to the president of the National Farmers Union for Scotland Martin Kennedy to show appreciation for the work of farmers in North Ayrshire and Scotland. A Member asked a question of clarification of the mover of the amendment and received further information on thresholds for both Agricultural Property Relief (APR) and Business Property Relief (BPR. There followed debate and summing up. On a division and roll call vote, there voted for the first amendment, Councillors S. Ferguson, Kerr and McLean (3) and for the motion, Councillors Bell, T. Ferguson, Gallacher, Hume, Inglis, Marshall, D. Reid, D.L. Reid, Stalker, Stephen and Sweeney (11), Councillors Angus-McDonald, Burns, Collier, Currie, Davidson, Dickson, Gurney, Hill, Larsen, Macaulay, McClung, McLaughlan, McTiernan, Montgomerie, Murdoch and Robertson abstaining and the first amendment fell. On a further division and a roll call vote, there voted for the second amendment, Councillors Angus-McDonald, Bell, Burns, Collier, Currie, Dickson, Gurney, Hill, Hume, Kerr, Larsen, Macaulay, McClung, McLaughlan, McTiernan, Montgomerie, D. Reid, Robertson and Sweeney (19) and for the substantive motion, Councillors S. Ferguson, T. Ferguson, Gallacher, Inglis, Marshall, McLean, D.L. Reid, Stalker and Stephen (9), Councillors Davidson and Murdoch abstaining and the second amendment was declared carried. (3) a motion by Councillor McClung, seconded by Councillor Collier, in the following terms: It is with some dismay that the residents of Saltcoats, and indeed the Three Towns in general, have received the news that Saltcoats Post Office is among those proposed for closure. This Post Office is an integral feature of Saltcoats Town Centre, is something of a local “hub”, which is always busy, and enables people to combine town centre shopping with the many services the Post Office has to offer. I propose that the Chief Executive write both to the current Chief Executive and to the Chairman of the Post Office asking them to reconsider the threatened closure of Saltcoats Post Office. There being no amendments, the motion was declared carried. The meeting ended at 4:05 p.m.