Agenda Contents
North Ayrshire Council · 15 May 2024
Back to North Ayrshire Council — 15 May 2024 and its agenda
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE North Ayrshire Council A Meeting of North Ayrshire Council will be held in the Council Chambers, Ground Floor, Cunninghame House, Irvine, KA12 8EE on Wednesday, 15 May 2024 at 14:00 to consider the undernoted business. Meeting Arrangements - Hybrid Meetings This meeting will be held on a predominantly physical basis but with provision, by prior notification, for remote attendance by Elected Members in accordance with the provisions of the Local Government (Scotland) Act 2003. Where possible, the meeting will be live-streamed and available to view at https://north-ayrshire.public- i.tv/core/portal/home. 1 Apologies 2 Declarations of Interest Members are requested to give notice of any declarations of interest in respect of items of business on the Agenda. 3 Previous Minutes The accuracy of the Minutes of the Meeting of the Council held on 27 March 2024 will be confirmed and the Minutes signed in accordance with Paragraph 7(1) of the Local Government (Scotland) Act 1973 (copy enclosed). 4 Provost's Report Submit report by the Provost for the period covering 18 March 2024 - 5 May 2024 (copy enclosed). 5 Leader's Report Submit report by the Leader of the Council for the period covering 18 March 2024 - 5 May 2024 (copy enclosed).
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 6 Minute Volume (issued under separate cover) Submit, for noting and for approval of any recommendations contained therein, the Minutes of Meetings of committees of the Council held in the period 13 March 2024 - 7 May 2024. 7 Community Planning Partnership (CPP) Board: Minutes of Meeting Submit report by the Executive Director (Communities and Housing) on the Minutes of the Community Planning Partnership Board held on 15 March 2024 (copy enclosed). 8 Report of the Returning Officer - Kilwinning By-Election Submit report by the Returning Officer to advise on the outcome of the North Ayrshire Council Ward 6 Kilwinning By-Election and on the Declaration of Acceptance of Office by the New Elected Member for that Ward (copy enclosed). 9 Composition of Political Groups following the Kilwinning By-Election Submit report by the Chief Executive on the change in the composition of the Opposition Groups following the Kilwinning By-Election (copy enclosed). 10 Boundaries Scotland: 2023 Review of Scottish Parliament Boundaries Submit report by the Head of Service (Democratic) on the Boundaries Scotland’s 2023 Review of Scottish Parliament Constituency Boundaries (copy enclosed). 11 Seagate Castle - Preservation and Conservation Works Submit a report by the Executive Director (Place) seeking approval for an allocation of £236,420 from the Irvine Common Good to carry-out stabilisation and conservation works at Seagate Castle, Irvine (copy enclosed). 12 Congratulatory Motion In terms of Standing Order 15.3, submit the undernoted motion, duly proposed and seconded, which seeks to congratulate, commend or recognise an individual or group in relation to their achievement or activities within North Ayrshire:-
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE (1) a congratulatory motion, duly proposed and seconded, in the following terms:- "The Kilwinning Scouting movement are rightly proud of King Scout Katie Roy and our Silver Wolf Recipient Mr Alister Kerr (Ned) who took part in the Scouts day of Celebration Event held at Windsor Castle on Sunday 21st April 2024. The event celebrated young people achieving the Top Award and amazing Adult volunteers that support the young people in the Scouting movement. I'm told both Katie and Alister had a really special day with Katie parading in front of the Chief Scout Bear Grylls. A wonderful day to celebrate the Scouting Achievement of Katie and Huge Commitment to Kilwinning Scouts of Alister who are both fantastic Scouting Ambassadors. North Ayrshire Council acknowledges this tremendous achievement for both Katie and Alister and sends its congratulations to both." 13 Questions In terms of Standing Order 14, submit:- (1) a question by Councillor Marshall to the Cabinet Member for Communities, Housing and the Islands in the following terms: "Does the Portfolio holder agree that School librarians: 1. deliver an extensive programme to support literacy across the curriculum 2. assess reading ages through a test when pupils arrive in S1 3. deliver the Learning to Learn programme to help pupils learn how to study 4. ensure that the library is a valuable resource in every school from juniors using it to borrow books to being a safe study space for seniors where they can be assisted in research and applying for university and further agree that School Librarians are essential to improving attainment in literacy?" (2) a question by Councillor McDonald to the Cabinet Member for Education in the following terms: "To ask the Cabinet Member why the administration agreed to replace the hot light tea in early years with a cold “late lunch” for the remainder of this term?"
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE (3) a question by Councillor T. Ferguson to the Cabinet Member for Finance in the following terms: "To ask the cabinet member for Finance to provide an update on the recent fire at Fenix Battery Recycling Plant in Kilwinning?" (4) a question by Councillor Reid to the Cabinet Member for Education in the following terms: "I have noted that the ambient snack provision is now under way in our schools. One school has tweeted that they have been fundraising and organising equipment to support the distribution of the ambient snacks. In the roll out of this scheme, was no allowance made for equipment to facilitate the distribution of those ambient snacks taking account of allergies and hygiene requirements?" (5) a question by Councillor Billings to the Cabinet Member for Communities, Housing and the Islands in the following terms: "Since the retirement of the main KA Leisure employee over 18 months ago, KA Leisure has not been able to employ anybody to fill the role. This has meant that on Arran the gym is closed, and community facilities are only open by special arrangement with staff having to come over from the mainland. Will the Cabinet member commit to working with officers to find a different model of operation for the community facilities at Arran High School which will enable them to be open for regular gym and community events?" (6) a question by Councillor Foster to the Cabinet Member for Health and Social Care in the following terms: "Given the recent report that Canmore Children’s house was given a weak grade on the quality of support for children and young people's rights and wellbeing, is this the SNP Administrations way of keeping the Promise to care experienced people?" (7) a question by Councillor McLean to the Cabinet Member for Green Environment and Economy in the following terms: "To ask the cabinet member for Green Environment and Economy, does he believe that the current road management and maintenance plan is fit for purpose and sustainable in its current form?"
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE (8) a question by Councillor Cullinane to the Cabinet Member for Green Environment and Economy in the following terms: "To ask the Cabinet Member for a breakdown of the assessed maintenance backlog for Kilwinning schools?" (9) a question by Councillor Marshall to the Cabinet Member for Education in the following terms: "Given that the Portfolio holder takes a keen interest in the performance of football League Tables can he explain why in the 2024 Times Newspaper's League Tables of Scottish school's performance based on the number of pupils achieving 5 Highers, there are now no NAC schools in the top 50?" (10) a question by Councillor Sweeney to the Cabinet Member for Education in the following terms: "Does the Cabinet Member for Education believe that North Ayrshire Council is providing a satisfactory Early Years Service?" (11) a question by Councillor T. Ferguson to the Cabinet Member for Green Environment and Economy in the following terms: "To ask the cabinet member for Green Environment and Economy to provide an update on plans to deliver the safer speed limit of 20mph by 2025 on all appropriate roads in built-up areas?" (12) a question by Councillor Cullinane to the Cabinet Member for Education in the following terms: "The remodelling of early years is causing a significant concern for staff and families. Can the Cabinet Member confirm how many early years practitioners will: a) no longer have a contract following the review and b) be asked to move to a different early year’s centre?" (13) a question by Council McLean to the Cabinet Member for Green Environment and Economy in the following terms: “Can the Cabinet Member for Green Environment and Economy tell me how many: 1. DPE FPNs have been issued? 2. how many have been paid in full, and how much was raised? 3. how many have been paid at the reduced rate? and 4. how many have not been paid on time?”
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE (14) a question by Councillor Cullinane to the Cabinet Member for Education in the following terms: "To ask the Cabinet Member for an update on work to re-establish after school care provision in Kilwinning?" (15) a question by Councillor Inglis to the Leader of the Council in the following terms: "To ask the leader for an update on where the council is with firework control zones?" (16) a question by Councillor McDonald to the Cabinet Member for Education in the following terms: "What engagement has the administration had with pupils campaigning against cuts to school libraries?" (17) a question by Councillor Marshall to the Cabinet Member for Education in the following terms: "To ask the Portfolio holder for Education, what is the number of formal exclusions and informal exclusions in NAC Schools over each of the last 3 Academic years?" (18) a question by Councillor Reid to the Cabinet Member for Health and Social Care in the following terms: "Kilwinning Councillors learned from the local press of concerns over a children's home in the ward including reported overcrowding, vulnerable users being placed in the wrong setting and a lack of maintenance. Whilst There were some positives, the report focused on the issues which appear to have been known and indeed may have been reported on earlier. Why was there no communication with elected members on the concerns raised by the Care Inspectorate and what actions are going to be taken to improve matters?" (19) a question by Councillor McLean to the Cabinet Member for Green Environment and Economy in the following terms: “Can the Cabinet Member for Green Environment and Economy give me an update on NAC RAAC investigations? And has any more RAAC been found?”
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE (20) a question by Councillor Sweeney to the Cabinet Member for Green Environment and Economy in the following terms: "To ask the Cabinet Member if the Council has been in contact with the owner of the former Rankins pub in Stevenston to ascertain their intentions for the building?" (21) a question by Councillor T. Ferguson to the Leader of the Council in the following terms: "To ask the Leader to provide and update on how many TVs have been procured by NAC in the last five years?" (22) a question by Councillor Reid to the Cabinet Member for Green Environment and Economy in the following terms: "How many purple bin lid replacement requests were made to the customer service centre in 2023-24 and how many have still to be actioned for repair?" (23) a question by Councillor Marshall to the Cabinet Member for Health and Social Care Partnership in the following terms: Self-Directed Support (SDS) allows people to choose how their support is provided and gives them as much control as they want of their individual budget. Put simply SDS is the support a person purchases or arranges to meet agreed health and social care outcomes. Before SDS is granted there needs to be an assessment by social work. I ask the Cabinet member to provide the following information: 1. How many persons in the North Ayrshire are currently awaiting an Assessment for SDS and of these how many are in Ward 1 2. How many persons in the North Ayrshire are currently awaiting the result of an Assessment and of these how many are in Ward 1 3. What is the average waiting time for the result of an Assessment? 4. On average how long does it take from the completion of the Assessment to the award of SDS? 5. What is the budget for SDS for the current financial year and how many persons are currently in receipt of SDS. 6. In each of the previous 3 financial years much was spent in on SDS and how many persons were in receipt of SDS. (24) a question by Councillor Kerr to the Leader of the Council in the following terms: "To ask for an update on the work of the Ardrossan taskforce since the last Council meeting?"
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE (25) a question by Councillor McLean to the Cabinet Member for Communities, Housing and the Islands in the following terms: “Does the Cabinet Member for Communities, Housing and the Islands believe that our community centres and associated associations are sustainable and to see if he is aware of any concerns raised with regard to their support?” (26) a question by Councillor T. Ferguson to the Leader of the Council in the following terms: "What events are being planned to mark the 80th Anniversary of the Normandy Landings?" 14 Motions In terms of Standing Order 15, submit:-
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE (1) a motion by Councillor Gurney, seconded by Councillor Johnson, in the following terms: That the Council notes: • The scientific consensus is clear that human activities are primarily responsible for accelerating global climate change, and that the climate crisis now represents one of the preeminent threats to global civilisation. • The Intergovernmental Panel on Climate Change Sixth Assessment Report states that it is unequivocal that climate change has already disrupted human and natural systems and that societal choices and actions implemented in the next decade determine the extent to which medium- and long-term pathways will deliver higher or lower climate resilient development. • The International Energy Agency stated in its May 2021 report “Net Zero by 2050” that in order to reach that goal there should be no new oil or gas fields, or new coal mines, as of that moment. • The Paris Climate Agreement is silent on coal, oil and gas, an omission with respect to the supply and production of fossil fuels (the largest source of GHGs) that needs to be collectively addressed by other means; and that global governments and the fossil fuel industry are currently planning to produce more than double the amount of coal, oil and gas by 2030 than can be burned if the world is to limit warming to 1.5°C and avert catastrophic climate disruption, and such plans risk undoing the work of our Council to reduce GHG emissions. • A new global initiative is underway calling for a Fossil Fuel Non- Proliferation Treaty that would plan the end of new fossil fuel exploration and expansion, phase out existing production in line with the global commitment to limit warming to 1.5°C, and accelerate equitable transition plans globally. This Council recognises that: • Our entire community will be affected by the impacts of continued fossil fuel expansion and resulting climate change, but particularly those who also face socioeconomic and health inequities, including low-income families, those experiencing homelessness, people from ethnic minority groups, young and old, those experiencing mental and physical disabilities, and people with health conditions; and our youth and future generations have the most to lose from a lack of immediate action to stop fossil fuel expansion as they face major and lifelong health, ecological, social, and economic impacts from prolonged and cumulative effects of climate change, including food and water shortages, infectious diseases, and natural disasters. This change is already being seen with the necessary acceleration of extensive flood defences in many of our towns. This Council believes that:
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE • New fossil fuel infrastructure and expanded reliance on fossil fuels exposes communities to untenable risks to public health and safety at the local and global levels; and that the economic opportunities presented by a clean energy transition far outweigh the opportunities presented by an economy supported by expanding finite fossil fuel extraction and use. This Council resolves to: • Reaffirm our commitment, as part of our climate emergency response, to a just energy transition and to ambitious investments in the green infrastructure and industries that will create jobs and rapidly decarbonize our economy; and recognises that it is the urgent responsibility and moral obligation of wealthy fossil fuel producers to lead in putting an end to fossil fuel development and to manage the decline of existing production. • Formally endorse the call for a Fossil Fuel Non-Proliferation Treaty and make that endorsement public. • Call on the Scottish Government to also endorse the call for a Fossil Fuel Non-Proliferation Treaty. • To write to COSLA and raise our serious concerns about the impact of the climate emergency on local authorities and the need for a planned phase out of fossil fuels, and to call on them to endorse the Fossil Fuel Non-Proliferation Treaty. (2) a motion by Councillor McTiernan, seconded by Councillor Johnson, in the following terms: That the Council: • Stands in solidarity with the Women Against State Pension Inequality (WASPI Women). • Believes the women have been treated appallingly by the UK Government and the Department for Work and Pensions. • Supports the findings and recommendations of the Parliamentary and Health Service Ombudsman, which found 'maladministration' on the part of the DWP. • Calls on the UK Government to acknowledge the financial and emotional burden its actions have imposed on WASPI women, and to fully fund compensation due to the women, without further delay. • Council instructs the Chief Executive to write to Mel Stride MP, UK Secretary of State for Work and Pensions, intimating the Council's position and requesting that the UK Government confirms it will act without delay to right the wrong inflicted on WASPI Women.
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE (3) a motion by Councillor Marshall, seconded by Councillor T Ferguson, in the following terms: The CalMac ferry services to our islands of Arran and Cumbrae continue to offer poor value for the residents, tourists and taxpayer alike and contrary to the aims of the Island Plan contribute to the decline in population of both Islands. Both the Arran and Cumbrae ferry services underperform in terms, of reliability, capacity, and frequency and in so doing threaten the Tourist economies of both Islands. The contract for the Clyde and Hebrides Ferry Services (CHFS) which are operated by CalMac is due to be retendered in September 2024. We move that the Chief Executive write to the Scottish Government and the Transport Minister to express our view that the present contract for the Clyde and Hebridean Ferry Service should not in its entirety be directly awarded to CalMac but should be unbundled to seek a competitive tender for the Clyde Island Ferry Services and in so doing provide better access to the Islands thereby ensuring that islanders lifestyle can be improved, population decline reversed and the tourist economy reinvigorated.
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE (4) a motion by Councillor McClung, seconded by Councillor Reid, in the following terms: The release of helium balloons and sky lanterns has increased in recent years, and both can cause significant harm to the environment, animals and livestock in particular. Sky Lanterns can cause considerable fire risk, particularly during dry spells. They also pose a threat to animals, as they can cause injury, suffering, and death, through ingestion, entanglement and entrapment. When eaten, the sharp parts of a Chinese Lantern can tear and puncture an animal’s throat or stomach, causing internal bleeding. Likewise, helium balloons when they land, become a danger to any wildlife, farmed animals or companion animals that may happen to find them before this debris is removed. If ingested, the balloon can do irreparable, often fatal, damage to an animal’s oesophagus and digestive tract and can cause suffocation. Scottish charity, Animal Concern, have launched a campaign seeking support from Scottish local authorities to reduce the harm caused by these balloons and lanterns by placing restrictions on the release of sky lanterns and balloons on council-owned land and property. Council agrees to support the Animal Concern Campaign and so imposes a complete ban on the release of Sky Lanterns and Helium Balloons from any and all of the land it owns. Information on this ban will be made available on the NAC website and will be intimated to any person seeking to book any public space owned by the Council.
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE (5) a motion by Councillor Reid, seconded by Councillor Gurney, in the following terms: Council previously passed a motion on animal welfare; it is time to refresh that motion following changes in attitude and heightened concerns for animal welfare at touring or one off events and the potential funding for these activities. At a meeting of North Ayrshire Council at 2.00 p.m. on 19 September 2012 In terms of Standing Order 13 there was submitted: (b) a motion by Councillor Oldfather, seconded by Councillor Burns, in the following terms: "That North Ayrshire Council agrees to adopt a Policy banning the letting of Council owned sites to travelling circuses or similar organisations which utilise animals in the provision of entertainment." There being no amendment, the motion was declared carried.” Council asks that officers are instructed to carry out a review of council policy around the following principles: • That council adopts a refreshed approach to limit and control the presence of animals for entertainment in our venues, highways, parks and open spaces, where it is legally possible to do so. • That normally council would not support animals being out of their natural environments for events where there is no clear benefit of education, competition leading to national competitions or recognised need for a competitive event. Any approval for the presence of animals would require to account of animal welfare concerns including appropriate refuge from crowds. • That pet shows for domesticated animals at community events would be permissible. • That the policy would cover considerations of land and premises use permissions, grant giving/conditions and licences Council asks that the principles of the new draft policy and proposals for application, implementation and enforcement are considered by the Policy Advisory Panel to obtain detailed contributions from Members and that thereafter it is considered for adoption by Cabinet.” 15 Urgent Items Any other items which the Chair considers to be urgent.
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Webcasting Please note: this meeting may be filmed/recorded/live-streamed to the Council's internet site and available to view at https://north-ayrshire.public- i.tv/core/portal/home, where it will be capable of repeated viewing. At the start of the meeting, the Provost/Chair will confirm if all or part of the meeting is being filmed/recorded/live-streamed. You should be aware that the Council is a Data Controller under the Data Protection Act 2018. Data collected during the webcast will be retained in accordance with the Council’s published policy, including, but not limited to, for the purpose of keeping historical records and making those records available via the Council’s internet site. Generally, the press and public seating areas will not be filmed. However, by entering the Council Chambers, using the press or public seating area or (by invitation) participating remotely in this meeting, you are consenting to being filmed and consenting to the use and storage of those images and sound recordings and any information pertaining to you contained in them for webcasting or training purposes and for the purpose of keeping historical records and making those records available to the public. If you do not wish to participate in a recording, you should leave the meeting. This will constitute your revocation of consent. If you have any queries regarding this and, in particular, if you believe that use and/or storage of any particular information would cause, or be likely to cause, substantial damage or distress to any individual, please contact dataprotectionofficer@north-ayrshire.gov.uk.
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE North Ayrshire Council Sederunt John Bell Timothy Billings Marie Burns Eleanor Collier Joe Cullinane Scott Davidson Anthea Dickson Stewart Ferguson Todd Ferguson Robert Foster Scott Gallacher Tony Gurney Alan Hill Mary Hume Cameron Inglis Margaret Johnson Amanda Kerr Christina Larsen Shaun Macaulay Jean McClung Nairn McDonald Matthew McLean Louise McPhater Davina McTiernan Tom Marshall Jim Montgomerie Ian Murdoch Donald Reid Donald L Reid Chloe Robertson Ronnie Stalker Angela Stephen John Sweeney Chair: Apologies: Attending: