Democracy Spraffa

Agenda Document Pack - North Ayrshire Council - 14/12/2022

North Ayrshire Council · 14 December 2022
Back to North Ayrshire Council — 14 December 2022 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Page 1

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, 14 December 2022
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 2
November 2022 will be confirmed and the Minutes signed in accordance
with Paragraph 7(1) of Schedule 7 of the Local Government (Scotland)
Act 1973. 
4 Provost's Report
Submit report by the Provost for the period covering 24 October - 4
December 2022 (copy enclosed). 
5 Leader's Report
Submit report by the Leader of the Council for the period covering 24
October - 4 December 2022 (copy enclosed).
1

Page 2

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 Meeting of committees of the Council held in the
period 10 June - 29 November 2022. 
7 Congratulatory Motion
In terms of Standing Order 13.3, 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:-  
(1) a motion by Councillor Gurney, seconded by Councillor McClung,
in the following terms:
"Council congratulates Ardrossan Winton Rovers Under 14 Girls football
team in their recent success in winning the Erin Cuthbert SW Region
U14s league.  
Council also notes that in doing so they remained undefeated for the
whole season and commends both their success and their application.
Achievements like this do not come easily, and this team turns up to train
twice a week in all weathers as well as playing their games at the
weekend. 
Council recognises these girls as exceptional ambassadors for the
women’s game, their sport, Ardrossan Winton Rovers, and the local
area." 
8 Appointment to Committee
Council is invited to note the nomination of Councillor Burns to serve on
the new Skills Investment Fund Sub-Committee of the Ayrshire Regional
Economic Joint Committee, as one of the Council's current
representatives on the joint committee. 
9 Review of Accounting Arrangements for PFI and Similar Contracts
Submit report by the Head of Finance on revising the current
methodology used to determine the statutory repayment of debt charged
to the General Fund in relation to the Council's service concession
contracts (copy enclosed). 
10  Douglas Park: Proposals for Future Use of Tennis Court Area
Submit report by the Executive Director (Communities and Education) on
current proposals relating to the Tennis Court area of Douglas Park,
Largs, the outcome of recent public engagements, and a
recommendation to progress alienation of the area from Largs Common
Group with the purpose of leasing the area to Largs Tennis Club (copy
enclosed).
2

Page 3

North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 
12  Questions
In terms of Standing Order 14, submit the following questions for
consideration in the undernoted order:-  
(1) a question by Councillor T. Ferguson to the Cabinet Member for
Education in the following terms:
"To ask the Cabinet portfolio holder for Education how many primary and
secondary school children in North Ayrshire have received a free laptop
or tablet as per the SNP election promises made in May 2021"  
(2) a question by Councillor Donald Reid to the Cabinet Member for
Place in the following terms:
“To ask the Cabinet Member for an update on the delivery of the 2022/23
roads, structures and street lighting maintenance programme.”  
(3) a question by Councillor Johnson to the Leader of the Council in
the following terms:
“Does the Leader agree with me that the leaking of confidential papers
shows a complete lack of integrity and respect towards all North Ayrshire
Council staff, fellow Elected Members and the voting public?”  
(4) a question by Councillor Inglis to the Cabinet Member for Place in
the following terms:
"To ask the Cabinet Member for Place if they could update the Council on
the action that will be taken to fix the recently vandalised toilets at the
Braes in Saltcoats."  
(5) a question by Councillor Sweeney to the Cabinet Member for
Education in the following terms:
“To ask the Cabinet Member what prelims were set to take place on
Wednesday 7 December 2022?”  
(6) a question by Councillor Marshall to the Cabinet Member for
Education in the following terms:
“The National Improvement Framework interactive Evidence Report
Statistics for Local Authorities published in in 22 November 2022
recorded the percentage of combined P1,P4 and P7 pupils achieving the
expected grade in Curriculum for Excellence ( CfE) combined. 
For North Ayrshire the numeracy levels recorded in 2018-19 was 79.4%
and in 2020-21 was 67.4%. A drop of 12 points or 15%. 
Given that this now means that fully one third of these pupils are failing to
achieve the expected grade in Numeracy in CfE what plans do the
Administration have to rectify these unacceptable figures?"
3

Page 4

North Ayrshire Council, Cunninghame House, Irvine KA12 8EE  
(7) a question by Councillor Foster to the Cabinet Member for
Education in the following terms:
“To ask the Cabinet Member how much individual schools have used of
their devolved budgets to pay off school meal debt to the Council?”  
(8) a question by Councillor McLean to the Cabinet Member for
Finance in the following terms:
“Given the future funding constraints placed on the Authority, can the
Cabinet Member for Finance indicate (i) areas where they believe the
council should cut back on, in order to balance the budget; (ii) if their
administration will take any steps to pay back any debts that the authority
has, over and above the interest rate?”  
(9) a question by Councillor Bell to the Cabinet Member for Finance
in the following terms:
“Does the Cabinet Member agree with Council Directors of Finance,
including our own Head of Service, who have written a joint letter to the
Deputy First Minister stating that the financial pressures faced by Scottish
Local Government are “unprecedented”, that the choices we face “come
down to reducing services……and reducing the number of jobs”, and
unless “funding for Local Government is fair, sustainable and flexible”,
“there is not a path to delivering balanced budgets”?”  
(10) a question by Councillor McLean to the Cabinet Member for
Education in the following terms:
“Can the Cabinet Member Education tell me what specific programme(s)
exist in North Ayrshire in order support children who are academically
gifted, and if none exist, if they intend to create one?”  
(11) a question by Councillor McDonald to the Cabinet Member for
Health and Social Care in the following terms:
"To ask the Cabinet Member how many Carers Assessments have been
conducted in the last year and how many (as a %) have been conducted
within the 1-year period set out in the Carers Act"  
(12) a question by Councillor McLean to the Cabinet Member for Place
in the following terms:
“The BBC recently reported on house prices and rents throughout
Scotland, in this report it was found that the Ayrshires collectively were
the only place where prices and rents contracted, every other area had
an increase. Why does the Member think that Ayrshire is considered less
desirable than the rest of Scotland?”  
(13) a question by Councillor Kerr to the Leader of the Council in the
following terms:
“To ask the Leader of the Council if the Ardrossan Ministerial Task Force
has met again since its meeting on 28 June 2022”
4

Page 5

North Ayrshire Council, Cunninghame House, Irvine KA12 8EE  
(14) a question by Councillor McLean to the Leader of the Council in
the following terms:
“Does the Leader of the Council believe that Scotland is a colony of
England, and that comparisons can be made between Scotland and
Kosovo as the Scottish Government attempted in the Supreme Court
earlier this month?”  
(15) a question by Councillor Kerr to the Cabinet Member for
Education in the following terms:
“To ask the Cabinet Member when the Council last met Scottish Futures
Trust to discuss the Ardrossan Campus project?” 
13  Motions
In terms of Standing Order 13, submit:-  
(1) a motion by Councillor McDonald, seconded by Councillor Kerr,
in the following terms:
North Ayrshire Council has a proud record of tackling hunger in our
communities through initiatives like the Fairer Food Network and Wrap,
Run and Fun. Council notes that a pre-pandemic Cabinet decision to
implement an action plan to ensure all children in North Ayrshire will have
access to a nutritious meal every day has not yet been delivered upon
with our current initiatives not providing direct support to young people on
free school meals at weekends. Council therefore instructs officers bring
a report to Cabinet outlining options for weekend food provision."  
(2) a motion by Councillor Foster, seconded by Councillor McDonald,
in the following terms:
“In line with our commitment to The Promise, Council agrees that an EIA
be undertaken with immediate effect to take forward ending the practice
of excluding care experienced children from school and subject to the
findings of that assessment and relevant considerations implement the
necessary amendments to policy.”  
(3) a motion by Councillor McLean, seconded by Cllr S. Ferguson, in
the following terms:
"I move that North Ayrshire Council writes to The Rt. Hon. Michael Gove,
Secretary of State for Levelling Up, Housing and Communities & Kate
Forbes/John Swinney MSP Cabinet Secretary for Finance and the
Economy to register interest and ask for backing for North Ayrshire to
become Scotland’s first Investment Zone, a scheme announced in recent
budgets."
5

Page 6

North Ayrshire Council, Cunninghame House, Irvine KA12 8EE  
(4) a motion by Councillor McLean, seconded by Councillor Inglis, in
the following terms:
"I move that North Ayrshire Council writes to First Minister Nicola
Sturgeon MSP, Kate Forbes/John Swinney MSP Cabinet Member for
Finance and the Economy and Shona Robison Cabinet Secretary for
Social Justice, Housing and Local Government to ask for an increased
financial settlement in order to stave off the looming harm to North
Ayrshire’s budget and its impact on services.  
Specifically, to ask:  
• For the £20 million set aside in the Scottish Governments 2023-24
budget for a Constitutional Referendum be passported to North
Ayrshire to eliminate current and ease future funding gaps. 
• For a review of the budget for the office of Constitution, External
Affairs & Culture given the Supreme Court ruling that Constitutional
Affairs are a reserved matter
• For consideration for the estimated £1.5 Billion funding consequential
from the new UK budget to be distributed to local government – given
that this is extra funding and would have no detrimental impact on
any Scottish Government aims or priorities. 
• For consideration to be given for the £2b Scottish Government
underspend to be distributed to local government." 
14  Notice of Motion to Amend Standing Orders
Submit a Notice of Motion in terms of Standing Order 24:
6

Page 7

North Ayrshire Council, Cunninghame House, Irvine KA12 8EE  
(1) Notice that a Motion by Councillor Foster, seconded by Councillor
McDonald, will be submitted to the next ordinary meeting of the
Council in the following terms:
"(a) that clause 14.1 of Standing Orders be amended as follows:- the
words “The question as tabled should not include supplementary or
contextual text.” where they occur on the fourth to fifth lines thereof shall
be deleted and the words “The question as tabled should only contain
contextual information as preamble that is directly related and sufficient to
facilitate understanding of the question.” substituted therefor 
(b) that clause 14.2 of Standing Orders be amended as follows:-  
(i)  the number “45” where it occurs on the first line thereof shall be
replaced with the number “60”  
(ii)  the words “within one hour of the meeting ending” shall be inserted
between the words “provided” and “included” where they occur on the last
line thereof.  
(c)  that clause 14.3 of Standing Orders is deleted and replaced with
the following:  
“The process for selecting the order of questions for the agenda is as
follows:  
• Questions received are divided into lots:  
- Lot one - main Opposition;
- Lot two - second Opposition;
- Lot three - Independent Members and Opposition Parties with fewer
than 2 members and
- Lot four - the Administration;  
• Questions will be put into each lot, by list, in the order received by the
Chief Executive, unless all Members of the relevant group have given
prior written agreement to the Chief Executive, that the order in which
questions are listed in the lot for allocation can be specified by the
leader of that group.  
• Questions will be allocated to the agenda in turn from each lot list.  
• The process proceeds until all questions have been allocated to the
agenda.  
(d)  that clause 14.4 of Standing Orders be amended as follows:-  
(i)  the words “with contextual preamble” will be inserted between the
words “question” and “tabled” where they occur on the first and second
lines thereof.
7

Page 8

North Ayrshire Council, Cunninghame House, Irvine KA12 8EE  
(ii)  the word “further” shall be inserted between the words “No” and
“preamble” where they occur on the second line thereof.  
(iii)  the words “with contextual preamble” shall be inserted between
the words “question” and “arising” where they occur on the sixth line
thereof  
(iv)  the words “use best endeavours to” will be inserted between the
words “will” and “arrange” where they occur on the penultimate line
thereof.  
(v) the words “within 24 hours from the 10am deadline.” shall be
added after the word “provided” where it occurs on the last line thereof.  
(e)  that clause 14.7 of Standing Orders be amended as follows:- with
regard to the rule contained in the third bullet point thereof, the words
“unless it is seeking a progress update on a previous answer given” shall
be added after the word “months” where it occurs on the last line thereof. 
(f)  that clause 15.2 of Standing Orders be amended as follows:- the
words “For amendments proposed in relation to motions lodged under
Standing Order 15.1, notice of amendment from the proposer and
seconder must be emailed to the Chief Executive not later than 2pm on
the Monday prior to the Council meeting and after having been checked
for competency, will be circulated to Members in advance of the
meeting.” where they occur on the fourth to eighth lines thereof shall be
deleted.  
(g)  that clause 15.4 of Standing Orders be amended as follows:- with
regard to the rule contained in the eighth bullet point thereof, the words
“and agreement” where they occur on the penultimate line thereof shall
be deleted.  
(h)  that clauses 6.5, 19.5, 23.1 and 25.1(i) of Standing Orders be
amended as follows:- the words “two thirds” where they occur within said
clauses shall be deleted and the words “a majority” substituted therefor." 
15  Urgent Items
Any other items which the Provost considers to be urgent.
8

Page 9

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. 
9

Page 10

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
John Glover
Tony Gurney
Alan Hill
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: 
10

Page 11

North Ayrshire Council
2 November 2022 
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, Timothy Billings, Marie Burns, Eleanor Collier, Joe Cullinane, Scott Davidson,
Stewart Ferguson, Robert Foster, Scott Gallacher, Tony Gurney, Alan Hill, Cameron
Inglis, Margaret Johnson, Christina Larsen, Shaun Macaulay, Tom Marshall, Jean
McClung, Nairn McDonald, Matthew McLean, Louise McPhater, Davina McTiernan, Jim
Montgomerie, Donald Reid, Donald L. Reid, Chloé Robertson, Ronnie Stalker and John
Sweeney. 
Present (Remote Electronic Participation)
Todd Ferguson, John Glover, Ian Murdoch, and Angela Stephen. 
In Attendance 
C. Hatton (Chief Executive); R. McCutcheon, Executive Director (Place), C. Cameron,
Director (Health and Social Care Partnership); A. Sutton, Executive Director
(Communities and Education); and A. Craig, Head of Democratic Services, M. Boyd,
Head of Finance, F. Walker, Head of People and ICT, Raymond Lynch, Senior Manager
(Legal Services), M. McColm, Senior Manager (Communications), M. Anderson, Senior
Manager (Committee and Member Services) and H. Clancy and D. McCaw, Committee
Services Officers (Democratic Services). 
Chair
Depute Provost in the Chair (Agenda Items 1-13(2) and 13(4)-14).
Councillor Marshall (Agenda Item 13(3)). 
Apologies
Anthea Dickson and Amanda Kerr. 
1. Depute Provost's Remarks 
In the absence of the Provost, and in terms of Standing Order 6.6, the Depute Provost
took the chair. 
The Depute Provost welcomed those present to the meeting and, on behalf of
Members, extended his sincere condolences to the Provost following a family
bereavement. 
Agenda Item 3
11

Page 12

The Depute Provost then dealt with preliminary matters, including intimation that the
meeting, which was taking place on a hybrid basis, would be live streamed to the
internet.   
Members were also advised that, in terms of Standing Order 10.8, the Depute Provost
had received an urgent item, which he had agreed to consider at the end of the
meeting, under Agenda Item 14. 
2. Apologies 
The Provost invited intimation of apologies for absence, which were noted.   
3.  Declarations of Interest 
In terms of Standing Order 11 and Section 5 of the Councillors' Code of Conduct, the
Depute Provost declared an interest in Agenda Item 13(3) (Motions), in his capacity as
the seconder of the motion, and advised of his intention to vacate the Chair during
consideration of this item of business. 
There were no declarations of the Party Whip. 
4. Previous Minutes 
With the permission of the Depute Provost, Councillor Donald Reid made reference to
an offer which he understood the Cabinet Member for Place to have made in the course
of debate on Item 17(2) (Motions) of the Minute of the Ordinary Meeting held on 21
September 2022, namely that meetings would be held in each Locality to discuss the
implications of parking charges.  Councillor Donald Reid considered that this offer had
not been appropriately recorded within the Minute. 
Councillor Donald Reid sought, and received, confirmation that officers would verify the
content of the recording of the Ordinary Meeting of the Council and, as appropriate,
liaise with the Cabinet Member for Place with regard to arrangements for the relevant
meetings. 
Subject to the above clarification, the accuracy of the Minutes of the Ordinary and
Special Meetings of the Council held on 21 September 2022 was confirmed and the
Minutes signed in accordance with Paragraph 7(1) of Schedule 7 of the Local
Government (Scotland) Act 1973.   
12

Page 13

5. Provost’s Report 
Submitted report by the Provost for the period from 12 September to 23 October 2022. 
The Depute Provost took the opportunity to update Members on receipt by the Council
of the national Employer Recognition Scheme Silver Award for 2022, which recognised
North Ayrshire Council’s commitment to supporting the Armed Forces. 
Noted. 
6.  Leader’s Report 
Submitted report by the Leader of the Council for the period from 12 September to 23
October 2022. 
Noted. 
7.  Council Minute Volume 
Submitted for noting, the Minutes of meetings of committees of the Council held in the
period from 20 June to 19 October 2022.
Noted. 
8. Appointment to Committee 
The Council was invited to note (i) the resignation of Councillor S Ferguson from the
Licensing Committee and (ii) that, in terms of Standing Order 8.5, the resultant vacancy
has been filled, in terms of Standing Order 8.5, by Councillor Inglis, effective 
from 5 November 2022. 
Noted. 
9. Appointments to Outside Bodies 
The Council was invited (a) in respect of Hunterston Site Stakeholder Group, (i) to note
the resignation of Councillor T. Ferguson and (ii) consider a nomination for Councillor
Glover to be appointed to fill this vacancy in terms of Standing Order 8.4; and (b) in
respect of the Licensing Board, (i) to note the resignation on Councillor S. Ferguson and
(ii) consider a nomination for Councillor Inglis to be appointed to fill this vacancy in
terms of Standing Order 8.4. 
Councillor Marshall, seconded by Councillor McLean, moved the appointment of
Councillor Glover to serve on the Hunterston Site Stakeholders Group. There being no
amendment, Councillor Glover was duly appointed. 
13

Page 14

Councillor Marshall, seconded by Councillor McLean, then moved the appointment of
Councillor Inglis to serve on the Licensing Board.  There being no amendment,
Councillor Inglis was duly appointed. 
Accordingly, the Council agreed: 
(a) to note the resignations of Councillors T. Ferguson and S. Ferguson from the
Hunterston Site Stakeholder Group and Licensing Board, respectively; and 
(b) to approve the appointment of Councillors Glover and Inglis to the Hunterston Site
Stakeholders Group and Licensing Board, respectively. 
10. Medium-Term Financial Outlook 2023/24 to 2025/26 
Submitted report by the Head of Finance on the financial challenges facing the Council
over the medium term to help inform the development of budget proposals. 
Members asked questions, and received clarification, on the following: 
• the assumption that North Ayrshire’s population was likely to decrease, particularly
given the significant numbers of new houses already built or planned;
• the potential for population projections to change as a result of data from the latest
census;
• the negative impacts on travel providers which might arise from the Scottish
Government’s identification of concessionary fares as a potential area of savings
and the extent to which officers would take into account the implications of this in
terms of possible service reductions;
• whether the use of reserves was likely to require to form part of the Council’s
budget strategy for future years and the recognition that this would constitute a
temporary measure rather than a solution;
• whether, in light of additional pressures and funding gaps for local authorities, the
Scottish Government had indicated that there might be some flexibility in terms of
ringfenced funding;
• whether any timeframe was available in terms of an expected improvement in the
stability of gilt yields;
• the likelihood of the Scottish Government providing funding for future local
government pay awards in the event of them exceeding the current planning
assumptions; and
• whether the Council would in future need to revisit its position on avoiding the use of
compulsory redundancy 
Councillor Larsen, seconded by Councillor Burns, moved approval of the
recommendations set out in the report.  There being no amendment, the motion was
declared carried. 
14

Page 15

Accordingly, having considered the financial position identified in the Medium-Term
Financial Outlook 2023/24 to 2025/26, the Council agreed: 
(a) to note the scale of the financial challenges which the Council faced over the
medium term; and 
(b) that proposals be brought forward to set a balanced budget for 2023/24. 
11. Locality Planning in North Ayrshire 
Submitted report by the Executive Director (Communities and Education) to provide an
update on Locality Planning in North Ayrshire and seek approval for revised Locality
Partnership Terms of Reference and Standing Orders, as reviewed and agreed by the
Locality Planning Working Group.  The proposed Terms of Reference and Standing
Orders were set out at Appendices 1 and 2 to the report, respectively. 
At its last Ordinary Meeting held on 21 September 2022, the Council agreed to establish
a Member Officer working group to consider proposed changes to the Locality
Partnership Terms of Reference and Standing Orders.  The Executive Director
(Communities and Education) reported on the outcome of the working group’s
deliberations, as reflected in the recommendations set out in the report. 
Councillor Hill, seconded by Councillor Macaulay, moved approval of the
recommendations set out in the report.  There being no amendment, the motion was
declared carried. 
Accordingly, the Council agreed to approve the revised Locality Partnership Terms of
Reference and Standing Orders set out at Appendices 1 and 2, respectively, to the
report. 
12. Sevenacres Bridge, Kilwinning - Compulsory Purchase 
Submitted report by the Head of Democratic Services on the proposed compulsory
purchase of land required to install a replacement bridge over the Lugton Water at
Sevenacres, Kilwinning, and to provide temporary access for those works to be
undertaken.  The Schedule (setting out the land required and the purpose of acquisition)
was set out as an appendix to the report.  A location plan was displayed at the meeting
and published on the Council’s website. 
Members asked questions, and received clarification, on the following: 
• whether there were any estimates available as to the likely cost of pursuing the
compulsory purchase of this land, as well as the cost of the bridge replacement
itself; and
• the availability of a more detailed plan, referencing the specific areas of ground
referred to in the Schedule accompanying the report
15

Page 16

The Head of Democratic Services undertook to arrange for the following to be circulated
for Members’ information: (a) an estimate of the likely costs associated with (i) pursuit of
a Compulsory Purchase Order and (ii) the bridge replacement works and (b) a more
detailed location plan identifying the individual areas of ground referred to in the
Schedule to the report. 
Councillor Davidson, seconded by Councillor Burns, moved approval of the
recommendations set out in the report.  There being no amendment, the motion was
declared carried. 
Accordingly, the Council agreed as follows: 
“That The North Ayrshire Council resolves in exercise of the powers conferred by
Section 104 of the Roads (Scotland) Act 1984 and in accordance with the provisions of
the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 to make a
Compulsory Purchase Order to be called “The North Ayrshire Council (Sevenacres
Bridge, Kilwinning) Compulsory Purchase Order 2022” to purchase compulsorily ALL
and WHOLE those areas of ground listed on the Schedule hereto which are required to
replace the existing Sevenacres Bridge, Kilwinning, authorise and instruct the Senior
Manager (Legal Services) to sign the Order and plan on behalf of the Council, affix
thereto the Common Seal of the Council, submit the Order and plan to the Scottish
Ministers for confirmation, give the appropriate notice to the owners and occupiers of
the subjects, insert the appropriate notice in the local press and certify to the Scottish
Ministers that the subjects (a) do not belong to the local authority, (b) have not been
acquired by statutory undertakers for the purpose of the undertaking, (c) do not form
part of common or open space, (d) are not held inalienably by the National Trust for
Scotland and (e) are not listed as being of special historical or architectural interest
under Section 1 of the Planning (Listed Buildings and Conservation Areas) (Scotland)
Act 1997, and take all steps necessary to complete the compulsory purchase
procedures”. 
13. Questions 
The Depute Provost introduced this item of business, reminding Members of the
Standing Orders provisions relating to questions. Members were advised that a period
of 45 minutes was allocated for consideration of the undernoted questions, the order of
which had been determined following the drawing of lots, as set out in Standing Order
14.3. 
16

Page 17

In terms of Standing Order 14, submitted: 
(1) a question by Councillor Marshall to the Cabinet Member for Education in the
following terms: 
"Noting that Dunoon Grammar has adapted its Curriculum to provide 50 courses which
reflect key sectors of the local economy such as tourism and marine studies as well as
community projects and as a result was named ahead of runners-up in Brazil and India
to win a $50,000 prize as the T4 Education World ’s Best School for Community
Collaboration, what lessons can the Council learn to apply to its rural and coastal
Academies and High School to mirror the success of Dunoon?" 
Councillor Marshall requested that his question be taken as read. 
Councillor Macaulay thanked the Member for his question and responded in the
following terms: 
“We extend our congratulations to Dunoon Grammar on its achievement in this
interesting and novel award.  It will be interesting to see the advantage in terms of
attainment and positive destinations of these additions to the school’s curriculum.   
In North Ayrshire, our schools are regularly reviewing their curricula and have been
doing so for several years.  The purpose of these curriculum reviews is to ensure the
curriculum provides a broad and balanced range of activity and subject and that these
enable the children and young people to develop knowledge, skills and experiences
which lead to recognised and valuable qualifications. 
Schools across North Ayrshire have developed their curricula significantly, similarly to
Dunoon Grammar, to provide an extensive range of qualifications to improve the
educational experience of young people and reflect the needs of the local labour
market/intelligence. This extended curriculum offers qualifications in a broad range of
areas including, but not limited to, Travel and Tourism, Rural Skills, Retail, Hospitality,
Engineering, Health and Social Care, Leadership and Personal Development providing
young people with a wide variety of skills to access positive pathways beyond school
and support the local economy. 
The educational experience of our young people is further enhanced through individual
and unique rural and outdoor experiences, including Arran Outdoor Education Centre
which also exploits the local rural and coastal resources to provide the best possible
experiences for young people in North Ayrshire. 
17

Page 18

School curricula are supported through our work with local partners such as Ayrshire
College, SDS, Ayrshire Chamber of Commerce and local businesses. For example,
schools and Ayrshire College work very closely to develop their curriculum offering to
ensure provision of courses which meet the needs of our young people and local labour
market intelligence. The Ayrshire Chamber of Commerce work closely with all schools
and local businesses to provide an extensive work experience programme to support
skills development for young people and support future labour market growth. This is
obviously underpinned by the Ayrshire Growth Deal which seeks to provide the strategic
overview and direction for any future partnership working or curriculum developments. 
As an authority and across the whole of Ayrshire we have begun a fresh review of our
curriculum which will be a major feature of our service improvement plan for the next
three years.  This work will build on the recent OECD report on Scotland’s Curriculum
for Excellence.   Indeed, all our Head teachers alongside their counterparts from across
East and South Ayrshire met on 7 October 2022 with representatives of Ayrshire
College and local businesses to advance our discussions and to plan next steps in a
collaborative and innovative way. 
As always, the Education Service continues to look outwards and learns from our
colleagues’ best practice wherever that may be to maximise the potential of all young
people across North Ayrshire.” 
As a supplementary question, Councillor Marshall asked whether the Cabinet Member
could provide him with a copy of the extended curriculum which applied to schools in
North Ayrshire. 
Councillor Macaulay responded in the affirmative. 
(2)  a question by Councillor Montgomerie to the Cabinet Member for Place in the
following terms: 
“After 100 years on Saltcoats High Street local businesses Gregor Watsons recently
announced that it will close, potentially leaving Saltcoats with another vacant retail unit
on our Hight Street. Does the Cabinet Member believe the introduction of parking
charges will make it easier or harder for local businesses to survive in the current
economic climate, and for the Council to bring vacant properties back into productive
use?” 
18

Page 19

Councillor Davidson thanked the Member for his question and responded in the
following terms: 
“A key desired outcome of introducing DPE and parking charges is the improved
regulation of traffic in our town centres, by directing long stay patrons to free parking
slightly further out while providing chargeable and short stay parking close to retail and
other town centre services. This will provide enhanced access to parking close by to
retail and other businesses within towns and in so doing, encourage greater footfall from
patrons within towns and villages. 
Recent monitoring of our town centre car parks has shown that they are extremely busy
with workers by 9 am making it difficult for visitors and shoppers to find parking spaces.
It is also clear that disabled parking bays are being abused by non blue badge holders
thereby restricting access for disabled people to find an accessible parking space. 
The introduction DPE and parking charges should therefore provide a turnover of
parking spaces for visitors and shoppers within our town centres thereby improving
opportunities for local businesses. DPE will also give us the powers to tackle
irresponsible drivers who abuse the use of disabled parking bays.” 
At the invitation of the Depute Provost, Councillor Montgomerie took the opportunity to
ask a supplementary question.   
Councillor Burns queried whether, in delivering his supplementary question, Councillor
Montgomerie was intending to ask a question or make a speech. The Depute Provost
invited Councillor Montgomerie to proceed with asking his supplementary question. 
As a supplementary question, Councillor Montgomerie asked the Cabinet Member when
the agreement made by Council at the last meeting to review parking rates would be
considered by Cabinet and, further, that petitions submitted in opposition of charges
would be presented to the Audit and Scrutiny Committee for due consideration. 
Councillor Davidson began his response by expressing disappointment at the Member’s
opposition to a policy which had been brought by the previous Administration. 
Councillor Foster queried the relevance of the Cabinet Member’s response to the
question.  The Depute Provost invited the Cabinet Member to proceed with responding
to the supplementary question.   
Following a comment by Councillor Montgomerie which failed to meet the standards of
behaviour reflected in Standing Order 12.2, the Depute Provost, in terms of Standing
Order 6.8, agreed that the meeting be adjourned briefly at 3.10 p.m.  The meeting
reconvened at 3.20 p.m. with the same Members and officers present and in attendance
(as previously by remote electronic means or in person), and with the addition of
Councillor Robertson, who had joined the meeting in person. 
19

Page 20

At the invitation of the Provost, Councillor Montgomerie retracted his earlier remark. 
Thereafter, the Cabinet Member for Place responded to the supplementary question by
confirming that he would keep all Members fully updated as to when a report would be
submitted to Cabinet.  He further advised that a petition had been received and would
be subject to the same procedure as any other petition.   
(3)  a question by Councillor Collier to the Cabinet Member for Health and Social Care
in the following terms: 
“What work is being carried out by HSCP to support individuals in accessing residential
rehabilitation?”  
Councillor Johnson thanked the Member for her question and responded in the
following terms, the latter part of her response being taken as read following expiry of
the two-minute period provided by Standing Order 14.4: 
“The national mission to reduce drug related deaths and harms has set out the ambition
to save and improve lives.  Access to Residential Rehabilitation is a key part of the
National Mission, the vision being that residential rehab is available to everybody that
wants it, and for whom it is deemed to be clinically appropriate, at the time they ask for it
in every part of Scotland. 
Locally the HSCP has been working closely in partnership with the ADP to ensure
appropriate and timely access to residential rehabilitation in North Ayrshire.  £5m of
funding has been provided nationally, the North Ayrshire share of this being £136k, this
funding is to support the development of rehab pathways and an increase in the number
of people being referred to residential rehabilitation. 
The HSCP and ADP are jointly committed to supporting individuals to access residential
rehab and have engaged with a range of services, clinical and care leads, and
individuals, families and staff from across services to successfully develop the North
Ayrshire residential rehabilitation pathway.  This pathway has now been published and
promoted on the HSCP web site and shared across services. 
The North Ayrshire Drug and Alcohol Recovery Service (NADARS) is an integrated
health and social care service and anyone can refer to this service - individuals,
families, carers, primary care, prison or any support service.  Individuals seeking to
access external Residential Rehabilitation (RR) support can do so through NADARS
who will support the development of a care plan, identify a residential rehab provider
and then support individuals into, through and after their external placement.  
20

Page 21

There are a range of residential rehabilitation support opens now available to North
Ayrshire residents in addition to access to external provision.  This includes access to
our local 10 bedded ward in Woodland View which provides hospital-based alcohol
and/or drug and mental health related detoxification, rehabilitation, and day attendance
support.  Since April 2020 114 individuals from North Ayrshire have been supported to
access residential rehabilitation support with a further 229 individuals supported to
access detoxification support in Woodland View.   
In addition, locally we are fortunate to be working closely with Phoenix Futures to plan
for the opening of the National Specialist Family Service, Harper House which is based
in Saltcoats. The HSCP have been closely working with Phoenix Futures to ensure our
local services are able to support and complement the service and also to ensure robust
referral pathways and criteria for local families to access support at Harper House, due
to local services and wrap around support available in North Ayrshire our residents and
their families will benefit from more complex needs being supported in the facility. This
is an exciting development which will build on the range of rehabilitation supports and
interventions available to our residents.” 
Councillor McPhater sought the Depute Provost’s permission to ask a question arising
from the Cabinet Member’s response to Councillor Collier’s question.  The Depute
Provost refused this request on the basis that there was no provision within Standing
Orders allowing it. 
(4)  a question by Councillor McLean to the Cabinet Member for Finance in the
following terms: 
“To ask the Cabinet Member for Finance how much new capital investment has been
made into Springside Primary school since the decision to keep the school open in
2008, not including maintenance and repairs, and not including monies spent on the
new Early Years Centre?” 
Councillor Larsen thanked the Member for his question and responded in the following
terms: 
“The Property Management and Investment (PMI) team undertake a rolling programme
of Condition Surveys across the corporate estate, including all educational
establishments. We have a statutory duty to report on the condition of schools through
the “Core Facts Return” which is submitted to the Scottish Government. Springside
Primary School has been assessed as having a “B” (Satisfactory) rating at the most
recent survey (2019). 
21

Page 22

All general maintenance, statutory compliance and reactive repairs have been carried
out to ensure the property is maintained to the appropriate standard. From the financial
records available which date back to 2013/14 a total of £152,289 has been invested
across these areas. Investment in the Early Years extension totalled £566,752 across
2019/20 to 2021/22. This expenditure included freeing up and refurbishment of a
general-purpose area within the school and drainage infrastructure improvements to
benefit the whole building.   
The Condition Surveys, alongside information gathered by the locality Maintenance
Officers, allow us to prioritise investment across the estate. At present, there are no
elements within Springside Primary which have been identified as a priority for
investment.” 
As a supplementary question, Councillor McLean asked for information on how much of
the £0.5m investment in the Early Year’s extension had been used for (i) general
refurbishment and (ii) longer-term improvements. 
Councillor Larsen responded by advising that she did not have this breakdown but
would request officers’ assistance in seeking to make this information available to
Members. 
(5)  a question by Councillor Donald Reid to the Cabinet Member for Place in the
following terms: 
“To ask the Cabinet Member how many applicants are on the North Ayrshire Housing
Register with Kilwinning within their choices of area to be considered.” 
Councillor Davidson thanked the Member for his question and responded in the
following terms: 
“The North Ayrshire Housing Register is a shared register which is jointly operated by
North Ayrshire Council and our RSL partners - Riverside Homes; Cunninghame
Housing Association; and ANCHO. It is a live system that changes daily as new housing
applications are registered and other applications are updated or cancelled. 
Applications are held in one of the seven ‘needs’ groups and awarded points and
consequential priority that reflect the applicant’s housing circumstances. If no points are
awarded, it means the applicant does not have an assessed housing need as defined
by the Housing Allocations Policy. 
Applicants can choose as many areas as they wish from the 63 letting areas across
North Ayrshire. Staff carry out housing options interviews with applicants and actively
encourage them to include several areas to maximise their likelihood of receiving an
offer. 
22

Page 23

As at Wednesday 26 October, I can confirm we have a total of 6,715 applications on the
North Ayrshire wide register, of which 3,346 applications have been allocated points.
This equates to 50% of applications. 
Again at 26 October, the total number of applicants who have included at least one of
the 8 Kilwinning letting areas within their preferences is 1,922. Of these, there are 1,081
applicants who have been awarded points/priority. This equates to 56% of all
applications for Kilwinning. 
359 applicants have chosen Kilwinning areas only, with 197 of these applicants having
points/priority awarded (54%).” 
A supplementary question by Councillor Donald Reid was not permitted by the Depute
Provost on the grounds that it did not adhere to the requirement set out in Standing
Order 14.4 that any supplementary question must arise directly from the answer given
to the original question. 
(6)  a question by Councillor McTiernan to the Cabinet Member for Health and Social
Care in the following terms: 
“Given the current pressures which have been widely reported in the media for Health
and Social Care Services across Scotland, there are significant concerns on how the
system will cope with the impending winter period. Can the Cabinet Member for H&SC
provide an update to Council on the local position and a reassurance on any winter
plans in North Ayrshire?” 
Councillor Johnson thanked the Member for her question and referred to the following
written answer: 
“Similar to other areas in Scotland the Ayrshire and Arran health and social care system
remains under immense pressure.  The impact and legacy of the pandemic is ongoing
alongside the continued stresses placed on the workforce and increased demand for
services.  The pressures are most visible at the hospitals where emergency access
performance standards are not met, there are ambulance delays to hand over patients,
there is an increased length of stay, all of which lead to poorer outcomes for our
citizens.   
Despite efforts, continued pressures to date have not enabled the de-escalation of
either acute Hospital in Ayrshire and Arran and there has not been the closure of any of
the additional beds opened to support the surge in Covid inpatient numbers.   A further
HSCP sponsored focussed intervention is planned for two weeks from 7th November
which will involve the three HSCPs deploying community teams into the acute sites to
support patient discharge.    
23

Page 24

There is a continued focus on prioritising packages of care for individuals in hospital. 
However, the impact of this is the continued risk posed to those in the community who
have been assessed as requiring support.  In North Ayrshire 85% of the current hours of
unmet need for care at home services are for individuals on the community waiting list
and a significant number of individuals are awaiting assessment and review. 
In October 2021, over £300m of investment in hospital and community care was
announced to support a range of measures with the overarching aim being to reduce
risks in community settings and supporting flow through acute hospitals. A total of
£3.4million was allocated to North Ayrshire specifically for interim care, Multi-
Disciplinary Teams and Care at Home capacity, the majority of this funding has now
been provided on a recurring basis. 
The North Ayrshire HSCP Winter Funding Plan was approved by the IJB in December
2021.  This focusses on a whole system approach to bolstering the care workforce by
increasing numbers of staff in key areas of community services, with a longer-term
focus on increasing capacity across our system and to invest in services which focus on
early intervention and prevention and the alternatives to hospital admission. When the
plan was approved it was with the caveat of the scale and pace of the impact being
wholly reliant on successful recruitment.   
Recruitment is ongoing with a number of key posts now appointed to including
additional Social Workers and Social Work Assistants, Community Occupational
Therapists, Health Care Support Workers and a range of roles within Care at Home
services.  For Care at Home there has been a constant focus on recruitment and these
efforts have led to a net increase in the workforce over the period.  This has led to a
significant improvement in the Hospital waiting list which in North Ayrshire is now sitting
at the lowest position it has been, this also allows our in-house respite facility to return
to fully providing respite support over the winter period.  The position with
commissioned care providers remains fragile with many citing difficulties in the
recruitment and retention of staff and therefore are unable to offer sustainable care
provision and an inability to support new services. 
In terms of providing the reassurance of any winter plans in North Ayrshire I can
reassure members that the HSCP have an investment plan in place to increase capacity
and there are business continuity and escalation plans in place across services.  I can
also reassure members that the HSCP will continue to take all the necessary steps to
manage and escalate the risk in the system, however despite this there is no doubt we
are heading for a very difficult winter period for health and care services.” 
24

Page 25

(7)  a question by Councillor Gallacher to the Cabinet Member for Place in the
following terms: 
"Will the new Administration commit to reinstating the disabled fishing platform behind
Lamont Drive in Irvine?" 
Councillor Davidson thanked the Member for his question and responded in the
following terms: 
“The previous angling platform was removed following complaints from the Angling Club
that it was in a dangerous condition. After removal, officers have continued to support
the Club, and assisted by seeking bids from contractors for a replacement platform. 
Unfortunately, the bid received was not affordable. 
Although the Council does not have funding nor any responsibility for the replacement
of the platform, it is anticipated that the Angling Club will qualify for grant funding the
Council would not have access to. An officer will contact the group to discuss
opportunities that may be open to them and will assist through the provision of
professional services with the specification design for a new angling platform and with
engaging a contractor, if required.” 
As a supplementary question, Councillor Gallacher asked whether progress on this
matter could be kept under close review, with a view to supporting the club to ensure a
replacement platform was in place for the start of the new season in March 2023. 
Councillor Davidson responded by undertaking to ensure officers kept Councillor
Gallacher and himself informed at all stages, including arranging meetings for this
purpose as and when required. 
(8)  a question by Councillor McPhater to the Cabinet Member for Economy and
Climate Change in the following terms: 
“How many of our residents have received travel passes from the "Public Transport
Travel Scheme", approved by Cabinet in June 22?” 
Councillor Gurney thanked the Member for her question and responded in the following
terms: 
“The Active Travel and Transport Team are engaging closely with the Council’s
Employability Team, the Lennox Partnership, Skills Development Scotland and CEIS to
identify appropriate beneficiaries for the travel assistance scheme. This has been
successful with the first cohort of travel passes and bespoke travel plans being issued
this week. 
25

Page 26

As a supplementary question, Councillor McPhater referred to the amount of time which
had now elapsed without a single travel pass having been issued and also referred to
an earlier commitment by the Cabinet Member that the scheme would not constitute a
subsidy for Stagecoach at a time when the company was cutting local bus services,
asking whether the Cabinet Member now admitted that the vast majority of the money
spent on this scheme would be spent with Stagecoach. 
Councillor Gurney responded by providing contextual information on the proper process
which had to be followed in terms of implementing the scheme and emphasising the
importance of ensuring that it was properly targeted, particularly given the relatively
small number of passes available.  The Cabinet Member advised that some of the
passes had gone to bus-users, while others were SPT passes, which included rail, bus
and underground services.   
The Depute Provost reminded Members, in terms of Standing Order 14.4, that
questions and responses must each be delivered within a period of two minutes. 
The Depute Provost allowed a question of clarification from Councillor McLean on the
number of users within the first cohort, and Councillor Gurney confirmed that he had the
information and undertook to have this information made available to Members following
the meeting.   
(9)  a question by Councillor T. Ferguson to the Leader of the Council in the following
terms: 
"To ask the Leader of the Council what discussions have taken place with the business
sector to promote and attract employment opportunities to North Ayrshire?" 
Councillor Gurney, as the relevant Cabinet Member, thanked the Member for his
question and responded in the following terms: 
“The Economic Development and Regeneration Teams have strong connections with
the local business base and continue to provide significant support and advice on a
daily basis. During the pandemic these links were further strengthened as officers
provided essential guidance and advice to assist businesses during unprecedented
economic times and administered a wide range of business support grants. 
The Community Wealth Building Strategy, the Recovery and Renewal Approach, the
Green Jobs Fund and the Local Employability Partnership Delivery Plan all provide a
range of approaches and mechanisms designed to support business growth and
investment into North Ayrshire. 
26

Page 27

In addition to supporting the existing business base, there is extensive work ongoing to
attract inward investment to the area. There are currently 24 live inward investment
enquiries ranging from new technology to secondary company investment proposals.  A
significant upturn has also been observed in enquiries based on new green
technologies wishing to invest in the area which will assist in ensuring a Green
Economic Recovery.” 
As a supplementary question, Councillor T. Ferguson asked about the likely impact on
North Ayrshire of the Scottish Government’s recent announcement that they would be
cutting £53m of funding for employability schemes and whether the Council had any
contingency arrangements in place. 
Councillor Gurney responded by advising that programmes and funding were subject to
change nationally and gave a commitment that the Council would always seek to make
the best use of available opportunities to engage with these.  The Cabinet Member gave
examples of recent work to safeguard some 400 existing jobs and create 71 new jobs
within North Ayrshire, and the projected creation of 159 new jobs based on growth
plans. 
(10)  a question by Councillor Bell to the Cabinet Member for Finance in the following
terms: 
“To ask the Cabinet Member for Finance if staff have received the backdated 2022/23
pay award in their pay packets?” 
Councillor Larsen thanked the Member for his question and responded in the following
terms: 
“The Scottish Joint Council (SJC) Circular from COSLA has been received, which
outlines the pay award for 2022/23.  This will be implemented and paid to the local
government workforce by December 2022.  This will include arrears from 1 April 2022. 
Communications, including FAQs, will be issued to the local government workforce to
confirm the details, arrangements for pay and provide guidance and support should this
be required.” 
As a supplementary question, Councillor Bell asked how the Administration planned to
budget for next year’s pay award. 
Councillor Larsen responded by making reference to information which the Head of
Finance had provided earlier in the meeting, in respect of his report on the Medium-
Term Financial Outlook.   
27

Page 28

(11)  a question by Councillor Billings to the Leader of the Council in the following
terms: 
“How can North Ayrshire Council help support the Arran Ferry Committee in its efforts to
encourage Transport Scotland, Peel Ports and Calmac to provide a speedy permanent
solution to the damaged fenders at Ardrossan which are causing continued cancellation
of key early and late ferry sailings?” 
Councillor Burns thanked the Member for his question and responded in the following
terms: 
“North Ayrshire Council has recently engaged directly with Peel Ports and CMAL
regarding the condition of the fenders at Ardrossan Harbour. Peel Ports advised that the
fenders were damaged; however, they were replaced to full working order in September
2022. The replacement fenders fully conformed to Transport Scotland’s specification.
These have subsequently been damaged within the last 4-6 weeks. 
Peel Ports have advised that Transport Scotland do not have any fender plates across
the network that are the correct dimensions for Ardrossan Harbour. Replacement
faceplates were ordered several weeks ago and are expected to be delivered in
approximately 4 weeks’ time. In the meantime, they are trying to fabricate a faceplate
that, if successful, they will fit weather dependent over the coming weekend. 
North Ayrshire Council will continue to liaise with all stakeholders (TS, Peel Ports,
CMAL, CalMac) regarding the ongoing maintenance and operation of Ardrossan
Harbour to support the resilience of the services.” 
The Leader concluded her response by indicating that she shared the Member’s
frustration and by offering to meet with Councillor Billings to discuss the matter and
possible sustainable solutions further. 
(12)  a question by Councillor Sweeney to the Cabinet Member for Place in the
following terms: 
“To ask the Cabinet Member where North Ayrshire Council was ranked for recycling
performance amongst Scottish local authorities in 2016?” 
The question and following written response were taken as read, with the agreement of
both parties: 
“Thank you for your enquiry regarding the Council’s recycling performance for the year
2016. SEPA publishes annual figures of all local authorities on a calendar basis. I can
therefore confirm that for 2016 North Ayrshire Council were ranked 5th performing
council in Scotland for recycling, with a household recycling rate of 55.3% for 2016.” 
28

Page 29

(13)  a question by Councillor T. Ferguson to the Cabinet Member for Place in the
following terms: 
"To ask the Cabinet portfolio holder for Place to provide an update on the investigation
into the paused roll out of Facial Recognition software in our schools." 
Councillor Davidson thanked the Member for his question and responded in the
following terms: 
“The matter is still with the Information Commissioner’s Office and the outcome is
awaited.  Members will be advised when the Commissioner’s decision letter has been
received.” 
As a supplementary question, Councillor T. Ferguson requested clarification on the
likely timescale for the Information Commission’s response. 
Councillor Davidson reiterated the commitment to advise Members as soon as the
Information Commissioner’s decision letter had been issued. 
(14)  a question by Councillor McDonald to the Cabinet Member for Economy and
Climate Change in the following terms: 
“North Ayrshire Council agreed its budget for 2022/23 eight months ago. Included in the
budget was £1.726million for an energy support fund, now called “Energy Smart”, to
help residents through the cost-of-living crisis. Eight months on, can the Cabinet
Member advise us how many residents have received support from the “Energy Smart”
scheme?” 
Councillor Gurney thanked the Member for his question and responded in the following
terms: 
“As at the end of October, 460 households have received support through the Energy
Smart scheme.” 
The Cabinet Member also clarified that, following a review, the value of the Fund was
now £2.176m.
/
As a supplementary question, Councillor McDonald asked whether the Cabinet Member
considered it was right that carers in receipt of Carer’s Allowance were ineligible for the
Emergency Support Fund which formed part of the scheme. 
With the agreement of the Depute Provost, Councillor Gurney responded by suggesting
that this matter might be the subject of consideration as part of the urgent item which
had been submitted for consideration at the end of the meeting. 
29

Page 30

The allotted time of 45 minutes having expired, the Depute Provost, at his discretion in
terms of Standing Order 14.2, allowed one further question to be asked and answered,
given that some of the foregoing responses had been lengthy. 
(15)  a question by Councillor McLean to the Cabinet Member for Place in the following
terms: 
“To ask the Cabinet Member for Place if he is concerned about the state of the old
Dreghorn Primary School building on the Main Street and the incessant vandalism to
the site?” 
Councillor Davidson thanked the Member for his question and responded in the
following terms:   
“The property has suffered extensive vandalism. The property-owner, has advised that
they have taken preventative measures to reduce the potential for vandalism on site.
The owners are currently engaging with the Council’s Planning, Regeneration and
Business Growth Services.  This is with a view to identifying potential options for the
repurposing and redevelopment of the building. 
The property owner is in the process of preparing an application to the Council’s
Repurposing Property Grant Fund for a feasibility study on the building.  Officers have
provided support and guidance to the owner to prepare a brief and enable them to
obtain the required tenders to support their application. We anticipate receipt of an
application over the next month and, subject to funding, completion of the study in the
current financial year. 
Officers will continue to support and liaise with the property owner.” 
On a point of order, Councillor Foster requested clarification on the mechanism for
submitting a supplementary question in terms of Standing Order 14.4 in circumstances
whereby no written response had been circulated at the meeting.  The Depute Provost
confirmed that written responses to three ‘political’ questions would be circulated
following the meeting. 
On a further point of order, Councillor Murdoch referred to the expiry of the period of 45
minutes allowed for questions in terms of Standing Order 14.2.  The Depute Provost
clarified that he had, in terms of the same Standing Order, exercised his discretion to
extend the time for questions.  He also confirmed that the remaining questions and
responses, as circulated in advance of the meeting, would be taken as read and
included in the Minute. 
30

Page 31

(16)  a question by Councillor Kerr to the Cabinet Member for Finance in the following
terms: 
“To ask the Cabinet Member for Finance what impact the current instability in economic
markets is having on the Council’s Capital Financing Requirement for the approved
Capital Programme, and what subsequent impact that will have on the Loans Fund
Principal Repayment?” 
The written response by the Cabinet Member for Finance was as follows: 
“Work to assess the affordability of the capital programme commenced in August of this
year. The anticipated cost of borrowing from the capital expenditure plans over the
duration of the capital programme to 2030/31 was based on advice from the Council’s
Treasury Management Advisors and was set at a flat 3.30% interest rate forecast
across the life of the plan. The general construct of this borrowing from the Public
Works Loans Board (PWLB) was based on a 20 Year Gilt yield at 2.50% plus 0.80% to
produce a PWLB Certainty rate of 3.30%. At this time, to support the current level of
capital investment and provide headroom of up to potentially £25 million of additional
cost pressures from the cost volatility in the construction sector, this required an
additional £5.550 million revenue investment to be added into the loans fund between
2023/24 to 2030/31.  From the events that followed the mini-budget announcement on
the 23 September 2022, the Council’s Treasury Management Advisors provided
updated PWLB rate forecasts of 5.05% for 2022/23, 4.80% for 2023/24 and 4.60% for
2024/25 onwards. The consequence of this increase was a change to the projected
financial position from a previously anticipated additional £5.550 million to £38 million
additional revenue investment required. There remains a level of turbulence around the
rates. On 28 September the PWLB certainty rate rose to 5.74%, however, the published
position at 25 October reflects a PWLB certainty rate of 4.74%. Work will continue with
our Treasury Advisors to update the forecasts and cost impacts.” 
(17)  a question by Councillor Billings to the Leader of the Council in the following
terms: 
“Will the Leader agree to organise a Members’ Update on the progress that KA Leisure
is making to refocus its activities on exercise as a means to aid health and wellbeing,
and to be less reliant on subsidy from North Ayrshire Council for its core exercise
facilities?” 
31

Page 32

The written response by the Cabinet Member for Communities and Islands was as
follows: 
“The Leader will make arrangements for a Members’ Update on the progress that that
KA Leisure is making to refocus its activities on exercise as a means to aid health and
wellbeing in North Ayrshire. Regular updates are also part of the ongoing CPP Board
discussions and delivered through an annual Cabinet report which is scheduled for
annually for February 2022. Progress to date includes securing CPP Board support for
KAL to lead a Wellbeing Alliance to lead the delivery of the Wellbeing priority of the new
LOIP. KA Leisure continues to work towards recovering its business with its
membership now at just under 8000. Additional capacity for reviewing financial systems
and processes has been provided by the Council and this work is ongoing.” 
(18)  a question by Councillor Foster to the Leader of the Conservative and Unionist
Group in the following terms: 
“What does the Leader of the Conservative Group believe will have the worst impact on
North Ayrshire residents - the rise in mortgage repayments, the run on pension funds or
the imposition of austerity 2.0 arising from the Tories’ “mini-budget”?” 
The written response by the Leader of the Conservative and Unionist Group was as
follows: 
“Taking the points raised in reverse order: 
Austerity is a set of political economic policies that aim to reduce government budgets
deficits through spending cuts or tax increases. We will require to wait on the
Chancellor’s Budget later this month to determine what Austerity, if any, is needed.
Closer to home, the Council in setting its budget will need to practice Austerity by
cutting spending/employment or raising the Council Tax 
Pension Funds - The Times noted the other day that the economic and financial
situation has been transformed in a matter of days. The pound has recovered and is
even slightly above where it was before the mini budget, the prices of government
bonds are also higher and there is no run on pension funds.   
Mortgage Payments - Bank Rate has been below 1% for the last 13 years, is now at
2.25% and is likely to peak at around 5%. This increase is not unexpected and is a
result of the inflation in the UK of 10.1% caused by Covid support, energy payments,
war in Ukraine and other factors.  As a matter of interest, this rate is lower than the
Europe average and the 114% reported by our socialist comrades in Venezuela.  
Closer to home, it is clear that the socialist policies of the Labour Group have not found
favour with the North Ayrshire voters, who viewed the return of a Labour Administration
with disdain and ensured that they were returned with the lowest number of councillors
ever. In fact, one fewer than the 10 Conservative councillors. 
32

Page 33

In 2010, Liam Byrne the former Labour Chief Secretary to the Treasury left a
note saying to the incoming Conservative Government, “Dear Chief Secretary, I am
afraid to tell you there is no money left.” 
So, we will take no criticism or lessons from the Labour Party.” 
(19)  a question by Councillor Marshall to the Cabinet Member for Education in the
following terms: 
“Does the Education Portfolio holder support the proposal in the Gender Recognition
Reform (Scotland) Bill as debated at Holyrood that will allow people as young as 16 to
legally change their gender?” 
The written response by the Cabinet Member for Education was as follows: 
“Yes, I support the proposal.” 
(20)  a question by Councillor McDonald to the Cabinet Member for Health and Social
Care in the following terms: 
“It has been reported that the Scottish Government want to “reclaim” reserves from
Health and Social Care Partnerships. Can the Cabinet Member tell us how much
funding for health and social care services in North Ayrshire could be grabbed back by
the Scottish Government under this move?” 
The written response by the Cabinet Member for Health and Social Care was as
follows: 
“At the end of February 2022, the Scottish Government wrote to Integration Joint
Boards to advise that significant additional funding was being made available to meet
Covid costs and the ongoing impact of the pandemic, this resulted in the North Ayrshire
IJB carrying forward an earmarked Covid reserve of £13.321m into 2022-23. 
This funding is to be utilised by Health and Social Care Partnerships to cover additional
Covid-19 related costs associated with delegated services, to support any loss of
income as a result of services being closed, and to support commissioned care
providers for additional costs incurred.  During 2022-23 the funding can only be utilised
to fund the same costs and areas which were funded in previous years and not any new
areas of expenditure. 
“At the end of February 2022, the Scottish Government wrote to Integration Joint
Boards to advise that significant additional funding was being made available to meet
Covid costs and the ongoing impact of the pandemic, this resulted in the North Ayrshire
IJB carrying forward an earmarked Covid reserve of £13.321m into 2022-23. 
33

Page 34

This funding is to be utilised by Health and Social Care Partnerships to cover additional
Covid-19 related costs associated with delegated services, to support any loss of
income as a result of services being closed, and to support commissioned care
providers for additional costs incurred.  During 2022-23 the funding can only be utilised
to fund the same costs and areas which were funded in previous years and not any new
areas of expenditure. 
Further communication was issued by Scottish Government in September, noting that
“There have been a number of significant changes to Public Health policies in relation to
Covid over the summer, resulting in the profile of Covid spend reducing significantly
compared to when funding was provided to IJBs for Covid purposes. In response to this,
the Scottish Government will reclaim surplus Covid reserves to be redistributed across
the sector to meet current Covid priorities”. 
At the end of September, the projected utilisation of this funding by the HSCP for the
2022-23 financial year is £5.118m. This is significantly less than the previous two
financial years, due to a reduction in additional costs as well as the provision of new
funding by Scottish Government to support areas of additional expenditure which were
covered by the Covid funding in previous years, for example additional funding for
investment in Care at Home capacity.   
This underutilisation of Covid funding is consistent across all IJBs in Scotland. 
On this basis, it is anticipated that the amount reclaimed by Scottish Government from
North Ayrshire IJB would be £8.203m. 
The Scottish Government plan to retain this funding in the health and social care system
as Health Boards locally and nationally also continue to incur additional costs as a result
of the pandemic in services which are not delegated to IJBs and have not yet received
any additional funding to meet these in 2022-23.  The Covid funding which is reclaimed
from IJBs will be redistributed to Health Boards across Scotland, including NHS
Ayrshire and Arran, to meet these additional costs.” 
(21)  a question by Councillor Foster to the Leader of the Council in the following terms: 
“To ask the Council Leader whether they “detest the Tories”? 
The written response by the Leader of the Council was as follows: 
“I thank Councillor Foster for his question, which I assume is referring to a previous
comment made by the First Minister.  When asked if she would prefer a Labour or Tory
Government in Westminster, she commented that she “detested the Tories and
everything they stand for”.  I’m sure any sensible person would know she was referring
to Tory Governments and not to individuals or voters.  If Councillor Foster is asking me
if I share that view, then I think he knows the answer as does everyone else in this
Chamber.”
34

Page 35

In terms of Standing Order 6.8, the Depute Provost agreed that the meeting be
adjourned at 4.00 p.m. for a short comfort break.  The meeting reconvened at 4.20 p.m.
with the same Members and officers present and in attendance (as previously by
remote electronic means or in person). 
14. Motions 
In terms of Standing Order 15, submitted: 
(1) a motion proposed by Councillor McDonald and seconded by Councillor Kerr in
the following terms: 
“Council notes that there will be no Wrap, Run and Fun holiday meal and activity
programme over the October and festive holidays. Further notes that a voucher
replacement will be in place with values of £10 per week for the mainland and £20 for
the islands, which represents a 50% cut in the value of mainland vouchers when
compared to the voucher replacement scheme that operated during the Covid
pandemic. Council believes it would be unacceptable to cut school holiday meal support
by 50% during a cost-of-living crisis and therefore agrees to use £145,000 of
unearmarked reserves to increase the value of the voucher to reinstate the £20 per
week where the Wrap, Run and Fun programme cannot be provided vouchers for
children on the mainland during the October and festive holiday periods.” 
In the absence of Councillor Kerr, and in terms of Standing Order 15.1, Councillor
Foster agreed to second the above motion. 
The Depute Provost intimated that two amendments to this motion had been received,
both of which involved negation.  Given that the effect of the two amendments was the
same, Members were advised that the Depute Provost had, in terms of Standing Order
15.4, determined that only the first amendment received would be considered and
Councillor Marshall was duly invited to move his amendment. 
As an amendment, Councillor Marshall, seconded by Councillor T. Ferguson moved
that no action be taken to spend £145,000 of unearmarked reserves for the purpose
outlined in the Motion.” 
There followed debate and summing up. 
On a division and a roll call vote, there voted for the amendment, Councillors Billings,
Burns, Collier, Davidson, S. Ferguson, T. Ferguson, Gallacher, Glover, Gurney, Hill,
Inglis, Johnson, Larsen, Macaulay, Marshall, McClung, McLean, McTiernan, Murdoch,
Donald L. Reid, Robertson, Stalker and Stephen (23) and for the motion, Councillors
Bell, Cullinane, Foster, McDonald, McPhater, Montgomerie, Donald Reid and Sweeney
(8) and the amendment was declared carried. 
35

Page 36

Accordingly, the Council agreed that no action be taken to spend £145,000 of
unearmarked reserves for the purpose outlined in the Motion.” 
Councillor Glover left the meeting immediately prior to the following item of business. 
(2) a motion proposed by Councillor Inglis and seconded by Councillor Glover in the
following terms: 
“Following the rejected bid for the STEP Fusion Plant at Ardeer Peninsula I move that
North Ayrshire Council records its regrets of the loss of millions of pounds of investment
and 4500 jobs that would have come to the area of Stevenston if Ardeer was the
winning bid and instructs the Chief Executive to write to the First Minister to ask her to
prioritise this Council area for inward Investment and to explain her Government’s
refusal to support nuclear energy as a dependable carbon free method of electricity
generation.” 
In the absence of Councillor Glover, and in terms of Standing Order 15.1, Councillor
Marshall agreed to second the motion. 
As an amendment, Councillor McDonald, seconded by Councillor McPhater, moved as
follows: 
“Following the rejected bid for the STEP Fusion Plant at Ardeer Peninsula I move that
Council records its disappointment at the UK Government’s decision to reject the Ardeer
STEP consortium bid for the UK’s fusion prototype plant. Council acknowledges that the
STEP project would have brought significant levels of investment to North Ayrshire,
creating thousands of high-skilled jobs to the area. 
Following the UK Government’s decision, Council agrees to: 
• Write to the UK and Scottish Government’s calling on them to prioritise North
Ayrshire for Government investment; 
• Bring a report to a future meeting of North Ayrshire Council to consider the future
potential for economic and social investment at Ardeer Peninsula, including in the
protection of the Peninsula’s rich biodiversity; and 
• Publish feedback from the UK Atomic Energy Authority, including a record of the
recent meeting between UKAEA officials and North Ayrshire Council.” 
At the invitation of the Depute Provost, the Monitoring Officer provided clarification that,
in terms of the final element of the amendment, only material which was not
commercially sensitive could be published in the event of the amendment being carried. 
Councillor Glover re-joined the meeting at this point.
36

Page 37

There followed debate and summing up. 
On a division and a roll call vote, there voted for the amendment, Councillors Bell,
Cullinane, Foster, McDonald, McPhater, Montgomerie, Donald Reid and Sweeney (8),
and for the motion, Councillors Billings, S. Ferguson, T. Ferguson, Gallacher, Glover,
Inglis, Marshall, McLean, Donald L. Reid, Stalker and Stephen (11), Councillors Burns,
Collier, Davidson, Gurney, Hill, Johnson, Larsen, Macaulay, McClung, McTiernan,
Murdoch and Robertson (12) abstaining, and the motion was declared carried. 
Accordingly, the Council agreed as follows: 
(a) that the Council record its regret at the loss of millions of pounds of investment
and 4500 jobs that would have come to the area of Stevenston if Ardeer had been
the winning bid; and 
(b) to instruct the Chief Executive to write to the First Minister to ask her to prioritise
this Council area for inward Investment and to explain her Government’s refusal to
support nuclear energy as a dependable carbon-free method of electricity
generation.” 
Councillor Donald L. Reid left the meeting at this point. 
Having declared an interest in the following item of business in his capacity as the
seconder of the motion, the Depute Provost intimated his intention to vacate the Chair
for the following item of business.  Prior to doing so, and in terms of Standing Order
6.8(iv), the Depute Provost invited the Council to appoint another Member of the
Council to assume the Chair.   
Councillor Burns, seconded by Councillor Cullinane, moved that Councillor Marshall
assume the Chair for the following item of business.  There being no amendment,
Councillor Marshall duly took the Chair. 
(3) a motion proposed by Councillor Kerr and seconded by Councillor Sweeney in the
following terms: 
“In light of allegations made in the BBC Scotland Disclosure episode, “The Great Ferries
Scandal”, which relates to the procurement of two ferries including the Glen Sannox,
Council instructs the Chief Executive to write to Chief Constable Sir Iain Livingstone of
Police Scotland, requesting that the force carries out a full and thorough investigation
into all aspects of the ferries procurement process. Council also instructs the Chief
Executive to request that all members of the Ardrossan Ministerial taskforce co-operate
fully with any investigation.” 
In the absence of Councillor Kerr, and in terms of Standing Order 15.1, Councillor
Foster agreed to propose the motion. 
37

Page 38

As an amendment, Councillor Macaulay, seconded by Councillor Burns, moved as
follows: 
“In light of allegations made in the BBC Scotland Disclosure episode, “The Great Ferries
Scandal”, which relates to the procurement of two ferries including the Glen Sannox,
Council acknowledges serious concerns have been raised and remain concerned
regarding the delay in ferries becoming operational. Council notes that the police
operate independently from politics, and it is not for any politician to instruct
justice. Council agrees to cooperate fully if any future investigation were to take place." 
Members asked questions of clarification in respect of the motion and amendment. 
There followed debate and summing up. 
On a division and a roll call vote, there voted for the amendment, Councillors Burns,
Collier, Davidson, Gurney, Hill, Johnson, Larsen, Macaulay, McClung, McTiernan and
Robertson (11) and for the motion, Councillors Bell, Billings, Cullinane, S. Ferguson, T.
Ferguson, Foster, Gallacher, Glover, Inglis, Marshall, McDonald, McLean, McPhater,
Montgomerie, Murdoch, Donald Reid, Stalker, Stephen and Sweeney (19), and the
motion was declared carried. 
Accordingly, the Council agreed as follows: 
(a) that the Chief Executive write to Chief Constable Sir Iain Livingstone of Police
Scotland, requesting that the force carry out a full and thorough investigation into
all aspects of the ferries procurement process; and 
(b) the Chief Executive request that all members of the Ardrossan Ministerial
taskforce co-operate fully with any investigation. 
The Depute Provost then resumed the Chair for the remainder of the meeting. 
(4) a motion proposed by Councillor McDonald and seconded by Councillor McPhater
in the following terms: 
“Council notes recent analysis by the IFS that if benefits were uprated in line with
inflation next April they would still be 6% below their pre-pandemic levels due to a
below-inflation uprating in April 2022. 
Notes with concern that senior Conservative Government Ministers have refused to
commit to even uprating benefits in line with inflation this coming April. 
Council is concerned that the cost-of-living crisis will push more families in North
Ayrshire into poverty and believes that the value of benefits must be restored to pre-
pandemic levels to assist families with rising costs. 
38

Page 39

Council therefore instructs the Chief Executive to write to the Chancellor of the
Exchequer calling on the UK Government to not only uprate benefits in line with inflation
but to fully restore their value by compensating for the 6% lost value from the April 2022
uprating.” 
There being no amendment, the motion was declared carried. 
(5) a motion proposed by Councillor Foster and seconded by Councillor McDonald in
the following terms: 
“Council acknowledges that Education Maintenance Allowance (EMA) provides financial
support to young people from low-income households to stay on in post-16 education. 
Council notes that the income thresholds for eligibility (£24,421 for households with one
dependent child and £26,884 for households with more than one dependent child) has
not been reviewed since 2016 nor has the EMA award been uprated (£30 per week per
eligible young person).  
Given the pressures on household budgets as a result of the cost-of- living crisis,
Council acknowledges that households above these income thresholds are increasingly
struggling financially. 
Council believes that the income thresholds for EMA and the award level should be
reviewed to ensure that young people are not prevented from continuing in post-16
education because of pressures on their household budgets. Council therefore instructs
the Chief Executive to write to the Deputy First Minister requesting that they increase
the income thresholds and the level of EMA in their upcoming budget.” 
As an amendment, Councillor Macaulay, seconded by Councillor Robertson, moved
that the Council approve the terms of the motion, subject to the addition of the following: 
"In additional Council notes that uptake of EMA has been historically low, and therefore
agrees to increase awareness of EMA through North Ayrshire Council communication
channels. Council also notes the success of young person travel scheme awareness
sessions, and requests similar events be organised to increase EMA take up." 
In terms of Standing Order 16.5, and with the agreement of his seconder, Councillor
Foster agreed to amend his motion to incorporate the additional elements contained in
the amendment.  There being no further amendment, the motion, as amended, was
declared carried. 
39

Page 40

Accordingly, the Council agreed as follows: 
(a) to acknowledge that Education Maintenance Allowance (EMA) provided financial
support to young people from low-income households to stay on in post-16
education; 
(b) to note that the income thresholds for eligibility (£24,421 for households with one
dependent child and £26,884 for households with more than one dependent child)
had not been reviewed since 2016, nor had the EMA award been uprated (£30 per
week per eligible young person); 
(c) given the pressures on household budgets as a result of the cost-of- living crisis,
to acknowledge that households above these income thresholds were increasingly
struggling financially; 
(d) that the income thresholds for EMA and the award level should be reviewed to
ensure that young people were not prevented from continuing in post-16 education
because of pressures on their household budgets and instruct the Chief Executive
to write to the Deputy First Minister requesting that an increase in income
thresholds and the level of EMA in the upcoming budget; 
(e) noting that uptake of EMA had been historically low, that awareness of EMA be
increased through North Ayrshire Council communication channels; and 
(f) noting the success of young person travel scheme awareness sessions, that
similar events be organised to increase EMA take-up. 
(6) a motion proposed by Councillor McLean and seconded by Councillor Billings in
the following terms: 
“That the Council agrees to form a Member Officer Working Group to review the
operation of the Housing Allocation system.” 
As an amendment, Councillor Montgomerie, seconded by Councillor Foster (in the
absence of the original seconder, Councillor Kerr, and in terms of Standing Order 15.1),
moved as follows: 
“Council notes that a common housing register operates across all registered social
landlords in North Ayrshire, including North Ayrshire Council. Council agrees that a
short life working group consisting of Elected Members, RSL representatives and
Tenants representatives be convened to review the allocation policies that operate
within the common housing register.”  
40

Page 41

On a point of order, Councillor Billings queried the competence of the amendment given
that it included a factual inaccuracy, namely that it asserted that a common register
operated across all registered social landlords in North Ayrshire, whereas a separate
register was operated by Trust Housing. 
The Monitoring Officer advised that the point highlighted was not sufficiently material to
invalidate the amendment and there may simply have been an oversight on the part of
the mover of the amendment. 
As a further amendment, Councillor Hill, seconded by Councillor Gurney, moved as
follows: 
“The Allocation Policy is scheduled for refresh and formal approval in early 2023.
Consultation with local elected members will once again play a significant role in any
changes that are proposed, prior to the refreshed policy being presented to the
Council’s Cabinet and RSL Boards. All of the NAHR partners are committed to involving
local elected members within the consultation process. Council agrees to accept a
presentation before Christmas on the current arrangements and proposals for the2023
review. 
Our island communities have specific issues and differences, and Council agrees to
establish a short-term Working Group to investigate and feed into the long-established
process with our RSL partners and ultimately report to them and to Council on housing
needs and issues on our islands." 
In terms of Standing Order 16.5, and with the agreement of his seconder, Councillor
McLean agreed to withdraw his motion in favour of Councillor Hill’s amendment.  The
amendment by Councillor Montgomerie, seconded by Councillor Foster, became the
substantive motion. 
There followed debate and summing up. 
On a division and a roll call vote, there voted for the amendment, Councillors Billings,
Burns, Collier, Davidson, S. Ferguson, T. Ferguson, Gallacher, Glover, Gurney, Hill,
Inglis, Johnson, Larsen, Macaulay, Marshall, McClung, McLean, McTiernan, Murdoch,
Robertson, Stalker and Stephen (22), and for the substantive motion, Councillors Bell,
Cullinane, Foster, McDonald, McPhater, Montgomerie, Donald Reid and Sweeney (8),
and the amendment was declared carried. 
Accordingly, the Council agreed to accept a presentation before Christmas 2022 on the
current arrangements and proposals for the 2023 review of the Housing Allocation
Policy. 
Councillor Glover left the meeting during following item of business.  
41

Page 42

(7) a motion proposed by Councillor McLean and seconded by Councillor Gallacher in
the following terms: 
“Council agrees to the creation of a Member Officer working group to look into the
current and historic issues in the Dundonald Camp/Auchengate area to take a paper to
Cabinet acknowledging these issues and attempt to find positive solutions.” 
As an amendment, Councillor Larsen, seconded by Councillor Collier, moved direct
negative. 
Members asked a question of clarification of the mover of the motion. 
There followed debate and summing up. 
On a division and a roll call vote, there voted for the amendment, Councillors Burns,
Collier, Davidson, Gurney, Hill, Johnson, Larsen, Macaulay, McClung, McTiernan and
Robertson (11) and for the motion, Councillors Bell, Billings, Cullinane, S, Ferguson, T.
Ferguson, Foster, Gallacher, Inglis, Marshall, McDonald, McLean, McPhater,
Montgomerie, Murdoch, Donald Reid, Stalker, Stephen and Sweeney (18), and the
motion was declared carried. 
Accordingly, the Council agreed: 
(a)  to approve the creation of a Member Officer working group to look into the current
and historic issues in the Dundonald Camp/Auchengate area; and 
(b) that a paper be submitted to Cabinet acknowledging these issues and attempting
to find positive solutions.” 
15. Urgent Item 
In terms of Standing Order 10.8, the Depute Provost agreed that the undernoted motion
be considered as an urgent item on the basis that the fund in question had been
launched and that consideration could not, therefore, be postponed to the next ordinary
meeting of the Council. 
42

Page 43

15.1  Motion 
A motion, proposed by Councillor McDonald, seconded by Councillor McPhater: 
"Council notes the launch of the Energy Smart Emergency Fund earlier this week.
Further notes that people in receipt of benefits are not eligible to access the fund. In
practice, this has prevented low-income households who are in work but in receipt of
universal credit to top-up their incomes, from making an application. Council is
concerned that a blanket ban on households in receipt of payments could also hit
pensioners including those on pension credit and unpaid carers on Carers Allowance.
Council therefore instructs officers to review the eligibility criteria of the fund as a matter
of urgency and report back to elected members at the earliest opportunity.” 
On a point of order, Councillor Gurney queried the factual accuracy of the assertion
within the motion that those in receipt of benefits were not eligible to access the fund. 
In terms of Standing Order 6.8, the Depute Provost agreed that the meeting be
adjourned at 5.50 p.m. to allow advice and clarification to be sought on the terms of the
motion.  The meeting reconvened at 5.55 p.m. with the same Members and officers
present and in attendance (as previously by remote electronic means or in person). 
In terms of Standing Order 16.5, Councillor McDonald, as the mover of the motion and
with the agreement of his seconder, agreed to withdraw his motion following the
provision of clarification on the eligibility criteria for the Fund. 
The Chief Executive intimated that the Council’s communication on the Energy Smart
Emergency Fund would be updated to ensure that constituents were able to access
support and be directed to the most appropriate fund to help with their energy needs. 
16. Depute Provost’s Closing Remarks 
The Depute Provost closed the meeting by thanking Members for their participation. 
The meeting ended at 6.00 p.m. 
43

Page 44

44

Page 45

PROVOST’S
REPORT
For the period covering: 24 October – 4
December 2022 
The attached report gives a summary and brief details to Council, of
meetings and events attended by the Provost of North Ayrshire
Council, Anthea Dickson. 
Agenda Item 4
45

Page 46

PROVOST’S REPORT
• • •
1
PROVOST’S REPORT
For the period covering: 24 October – 4 December 2022 
Since the last meeting of the Council, I have taken part in several events, including: 
Opening of Roslin and Red Rose Houses, Stevenston, 28 October
On 28 October, I performed the official opening of Red Rose House and Roslin House in
Stevenston.  These state-of-the-art respite facilities are sited adjacent to the Lockhart ASN and
provide a comfortable, home from home experience for respite guests and are a much needed,
valued and deserved break for families and carers.  
The Promise Conference, Town Hall, Saltcoats, 4 November
On 29 September, the Depute Provost attended The Promise conference in Saltcoats Town
Hall. The Promise is a 10-year programme launched in 2020 to support care-experienced
children and young people. During the event the Depute Provost formally opened the Hasta
Barista …coffee you’ll be back for, initiative delivered by young people and supported by
NAHSCP.
Remembrance Day, Irvine,11 November
On 11 November at 11am we gathered at the War Memorial in Irvine to observe a two minute
silence and remembered all those brave men and women who have lost their lives in conflict
while serving their country.
“Knox the Urban Fox” Book Launch, Kilbirnie Library, 12 November
On 12 November, I was delighted to attend the “Knox the Urban Fox” book launch in Kilbirnie
Library. Author Julie Morris and illustrator Tony Van Bruegel were present to meet guests and
present their book.  Proceeds from sales will go to the Stoneyholm Mill Trust who aim to
restore a former 19th Century textile mill in Kilbirnie. 
46

Page 47

PROVOST’S REPORT
• • •
2
Remembrance Sunday, 13 November
On Remembrance Sunday our communities came together in services throughout North
Ayrshire to remember those who paid the ultimate sacrifice while serving in wars and military
conflicts since the onset of World War 1. I attended the service in Kilbirnie while the Depute
Provost attended the services in Irvine and Stevenston. 
Ayrshire Cancer Support Presentation, Kilmarnock, 15 November
On 15 November, Ayrshire Cancer Support were presented with The Queen’s Award for
Voluntary Service by the Lord Lieutenant at a special ceremony in Kilmarnock. The
organisation has been serving the community for forty years supporting those affected by
cancer and their families.  I was delighted to attend the event and show our appreciation of all
the work that they do.
Brathwic Terrace Opening Ceremony, Brodick, Isle of Arran, 18 November
On 18 November I was on the Isle of Arran to officially mark the opening of the Brathwic
Terrace development. Representatives of all the partner organisations and new tenants were
present. The Council has one of the most ambitious housebuilding programmes in the country.
The 34 homes at this development have contributed towards the Council’s target of building
1,625 new homes across North Ayrshire by 2028. This £6.6m project was supported by £2.4m
of Scottish Government grant funding and we are grateful that this funding has enabled us to
deliver such a fantastic development.
Kirking of the Council, Old Parish Church, Irvine, 20 November
The traditional Kirking of the Council event took place on Sunday 20 November. This started
with a procession from Irvine Town House followed by a service in Irvine Old Parish Church.
The event was supported by various organisations within the Town and the parade was led by
Zak Currie from Garnock Campus.
Visit to Wellwood Burns Centre and Museum, Burns Club, Irvine, 21
November
I visited Wellwood Burns Centre and Museum on 21 November.  I was given a full tour of the
facility and spoke with representatives from Irvine Burns Club and Irvine Lasses Burns Club. 
The visit highlighted some of the amazing work that is carried out in our local communities by
volunteers. 
47

Page 48

PROVOST’S REPORT
• • •
3
Raising the Flag to start 16 Days of Action on Violence Against Women,
Cunninghame House, Irvine, 25 November
On 25 November, I, along with the representatives from North Ayrshire Violence Against
women Partnership, raised the flag at Cunninghame House to mark the start of the 16 days of
action campaign to end violence against women. Various events were organised highlighting
the fact that domestic abuse will not be tolerated. The partnership brings together key partners
who have a role in tackling gender-based violence and supporting those affected.
DYW School Project Launch, Lockhart Campus, Stevenston, 25 November
I was delighted to officially launch two Developing the Young Workforce innovative schools’
projects at Lockhart Campus, Stevenston on 25 November.  One project was on Cyber
Security and Computer Skills and the other on Cycle Safety and Maintenance. These initiatives
aim to reduce youth unemployment and encourage better connectivity between education and
the world of work. They are delivered with the support of North Ayrshire Council, Ayrshire
College and of course the young people who benefit from developing their employability skills.
Community Project Launch, Ardeer Centre, Stevenston, 25 November
On the afternoon of 25 November in the Ardeer Centre, Stevenston, I launched one of three
new innovative community projects developed by NAHSCP and the Developing Young
Workforce Business Ambassador. The project named “Changing Room” aims to develop
barista skills for service users within the Justice Service programme. The project will provide
training and practical experience and the participants will obtain industry entry level
qualifications. It is also hoped that this will further develop into a mini enterprise.
DSM- Bovaer Ground Breaking Ceremony, Dalry, 30 November
On 30 November I attended the ground breaking ceremony by the First Minister of Scotland
marking the construction of a new plant at the DSM site in Dalry. I’m grateful to the workforce
in Dalry for playing an integral part in convincing DSM globally that North Ayrshire, and Dalry in
particular, was the best location to undertake an investment of this scale.
Irvine Lasses Burns Club St Andrews’ Night Celebration, Wellwood Burns
Centre and Museum, Irvine, 1 December
On 1 December I attended the Irvine Lasses Burns Club St Andrew’s Night in Wellwood Burns
Centre and Museum, Irvine. I am always inspired by the sense of community spirit and civic
pride that surrounds Irvine and its deep-rooted history and traditions. These traditions are
upheld by organisations like Irvine Lasses Burns Club who ensure that Irvine’s and indeed
Scotland’s cultural heritage is in safe hands for future generations.
48

Page 49

PROVOST’S REPORT
• • •
4
DYW School Project Launch, Garnock Campus, Glengarnock, 2 December
On 2 December, I was in Garnock Campus to officially launch a new innovative school’s
project.  The project is in the form of a community café incorporating barista, smoothie bar and
practical cake craft. The project is supported by Developing the Young Workforce Ayrshire,
North Ayrshire Council and Ayrshire College. The project aims to give the participating young
people additional skills to develop their employment prospects for the future.
North Ayrshire Women’s Aid Car Procession, Irvine to Saltcoats, 3
December
On 3 December as part of the 16 days of action to end violence against women, I took part in
“Drive for Change “arranged by North Ayrshire Women’s Aid.  This car procession left
Cunninghame House and made its way to Saltcoats.  I was only too happy in my role as
Provost to highlight the campaign and get the message across to put an end to gender based
violence. My thanks go to North Ayrshire Violence Against Women Partnership for the
excellent work they do to tackle this serious issue and support victims. 
Councillor Anthea Dickson
Provost North Ayrshire Council
49

Page 50

50

Page 51

LEADER’S
REPORT
For the period covering: 24 October – 4
December 2022 
The attached report gives a summary and brief details to Council, of meetings
and events attended by the Leader of North Ayrshire Council, Councillor Marie
Burns. 
Agenda Item 5
51

Page 52

LEADER’S REPORT
• • • 
 1 
LEADER’S REPORT
For the period covering: 24 October – 4 December 2022
COMMUNITY WEALTH BUILDING COMMISSION MEETING, 26 October  
On 26 October I chaired a meeting of the Community Wealth Building Commission.  Attendees
received various presentations on 
- Land and Assets Workstream 
- Procurement Workstream Update 
- Ayrshire Growth Deal Community Wealth Building Fund  
- Ayrshire Regional Economic Strategy 
Following a meeting of the Lead Officers Working Group (LOWG) in August 2022, it was
agreed that the LOWG would initially focus on three workstreams: Procurement, Fair
Employment and Land and Assets. The LOWG includes relevant officers from Commission
Members (and wider regional Anchor Institutions as required) who are responsible for
progressing CWB actions and will report on progress to the Commission. 
The Commission will meet again on 13 December. 
LIVING WAGE VISITS, 27 October 
On 27 October, in the run up to Living Wage Week 2022 (week beginning 14 November), I was
delighted to visit two organisations recognised as Accredited Real Living Wage Employers, 1st
Alliance Community Bank in Kilwinning and North Ayrshire Women’s Aid. 
Paying staff the Real Living Wage is always important but even more so now given the current
cost-of-living crisis with many families struggling to make ends meet. 
Both organisations realise the benefits to both employers and employees with higher staff
morale and better productivity as staff feel valued and supported by their employer. 
North Ayrshire Council has paid the Real Living Wage since 2011 and once again this year
has committed to paying its staff the new rate of £10.90 per hour. 
52

Page 53

LEADER’S REPORT
• • • 
 2 
COSLA CONVENTION, 28 October 
On 28 October I attended the COSLA Convention where Convention delegates were asked to
approve appointments to outside bodies.  Delegates were also asked to consider and agree
the new COSLA Plan drafted earlier this year in June.  The Plan covering 2022 – 2027
presents a high-level framework setting out the strategic direction and ambitions for COSLA for
the current Local Government term and is based on the Blueprint for Local Government, as
agreed previously by Convention. 
COSLA LEADERS, 28 October 
Later on 28 October I attended a meeting of COSLA Leaders where attendees discussed a
packed agenda including the following items: 
• Local Government Finance Update 
• Accounts Commission – Future Engagement 
• 16 Days of Action Against Gender Based Violence 
• Free School Meals 
• Ukraine 
• COSLA & Improvement Service Partnership Working 
• Health and Social Care Winter Planning 2022-23 
PARLIAMENTARY UNDER SECRETARY STATE FOR SCOTLAND MEETING,
2 November
On 2 November, together with North Ayrshire Council Chief Executive, Craig Hatton, I had an
introductory meeting with the Parliamentary Under Secretary State for Scotland, Lord Offord to
discuss several issues including Levelling Up and the failed STEP bid at Ardeer.
NHS PERFORMANCE GOVERNANCE COMMITTEE, 3 November 
On 3 November I attended an NHS Performance Governance Committee where members
discussed various financial management reports and financial planning for the foreseeable
future. 
53

Page 54

LEADER’S REPORT
• • • 
 3 
“THE PROMISE” AWAY DAY, 4 November 
I was delighted to be invited along to “The Promise” Away Day on 4 November and to welcome
the Scottish Government Minister for Children and Young People, Clare Haughey who came
along to deliver the keynote speech. 
It was an informative event with much discussion on what has been done so far in North
Ayrshire to keep The Promise -  ensuring that we are doing everything we can to ensure every
careexperienced child grows up feeling loved, safe and respected so they can realise their full
potential. 
Thanks to all the speakers and to those involved in making the day such a success, but a
special word of thanks to Oisín King and Tasha Gills, who did a brilliant job of being the young
hosts for the duration of the Conference.
NHS GOVERNANCE COMMITTEE MEETING, 7 November 
I attended an NHS Ayrshire and Arran Governance Committee meeting on 7 November where
attendees received updates on the following: 
• Ayrshire Mental Health Conversation (AMHC) and discussion on Priorities and Outcomes
2019-2027 Patient Safety 
• Healthcare Associated Infection (HCAI) report 
• Quality and Safety report – Neonatal 
There was also discussion around various reporting relating to Annual Governance reports.
JOINT YOUTH CABINET MEETING, 8 November 
On 8 November, North Ayrshire Council Cabinet Members attended a Joint Youth Cabinet
meeting at Redburn Community Centre in Irvine.  The meeting was well attended with pupils
from our schools with discussion themes on the following: 
• Police Scotland and Wellbeing Support for Young People 
• Supporting the Needs of Young People Disengaging from Education 
• Young People and Families Affected by the Cost of Living 
• Public Health and Young People 
• Young Peoples Voice – Communities and Schools 
As always, I am proud of the interest shown by our young people in current and local affairs. 
These meetings provide the opportunity for our young people to raise concerns with Cabinet
54

Page 55

LEADER’S REPORT
• • • 
 4 
members and senior officers but, more importantly, it allows Cabinet members to listen to their
views on a range of matters.   
Thank you to all the young people who took part and for their valuable contribution in making
the day such a success.
TACKLING CHILD POVERTY – EMPLOYABILITY WORKSHOP, 15 November 
I attended an Employability Workshop at Whitlees Community Centre in Ardrossan on 15
November.  The workshop was part of the continued strategy of the Tackling Child Poverty
Board of which I am Chair. The aim of the workshop was to look at what was being done well
in our communities, look at where things could be improved and to highlight any gaps in
services. 
The three key drivers of child poverty are income from employment, income from social
security and the cost of living. As a local authority, we are determined to make sure that
residents are aware of the support that is available to them from North Ayrshire Council and
our partner organisations. 
It was great to have everyone coming together, to share ideas at what we can do better by
identifying challenges and barriers.  I would like to thank everyone who attended and a special
word of thanks to Laura Neil, Senior Manager for Employability at North Ayrshire Council for
her input.
TACKLING CHILD POVERTY BOARD MEETING, 16 November 
I Chaired a meeting of the Tackling Child Poverty Board on the 16 November where much of
the discussion focused on the outcomes from the “No Wrong Door” mini enquiry and an
updated Cost of Living report.   
Actions from the “No Wrong Door” Officer Workshop and Mini Public Enquiry identified
potential gaps in provision and opportunities to improve our delivery for our residents.  
It is hoped to identify leads and specific timescales for each action subject to approval by the
Child Poverty and Cost of Living Board.  These will then form the basis of our Child Poverty
Action Plan 2023-26.
OFFICIAL OPENING OF BRATHWIC TERRACE, 18 November 
I travelled to Arran on the 18 November to attend the official opening of the new housing
development at Brathwic Terrace in Brodick.   The new 34-unit development provides high
55

Page 56

LEADER’S REPORT
• • • 
 5 
quality and modern general needs houses, amenity bungalows and homes for wheelchair
users.
KIRKING OF THE COUNCIL PARADE AND SERVICE, 20 November 
On 20 November I attended the Kirking of the Council Parade and Church service together
with other Elected Members, senior officers from North Ayrshire Councils and representatives
for the clergy and other community groups.
OFFICIAL OPENING OF HARPER HOUSE, 21 November 
I was delighted to be invited by Phoenix Futures Charity to the official opening of Harper
House in Saltcoats on 21 November.  Officially opened by the First Minister Nicola Sturgeon,
Harper House was awarded £8 million in Scottish Government grant funding last year to
establish a family rehabilitation service, accepting referrals from across Scotland.  The facility
can support up to 20 families at any one time for placements between three and six months
long, meaning up to 80 families will be supported annually. 
The service is designed to make it easier for parents to access treatment by allowing them to
care for their family while in recovery with the help of the Centre’s staff who support child
development, parenting skills and the overall health and wellbeing of all family members.
NHS AUDIT AND RISK COMMITTEE MEETING, 23 November 
On 23 November I attended the NHS Audit and Risk Committee meeting where attendees
received a detailed presentation on Counter Fraud and reviewed some internal audit reports. 
Counter Fraud Services (CFS) receive referrals directly from members of the public, via
Crimestoppers or through contact with NHS Ayrshire and Arran’s Fraud Liaison Officer. The
presentation also highlighted some of the work from International Fraud Awareness Week
which ran from 13-19  November. CFS provided excellent promotional materials helping to
raise awareness of personal and organisational fraud prevention for all NHS staff at a time of
financial pressure.
COSLA LEADERS, 25 November 
I attended a meeting of COSLA Leaders on 25 November, where Leaders discussed a packed
Agenda covering the following items: 
• Presidential Statement – 16 Days of Action Against Gender Based 
56

Page 57

LEADER’S REPORT
• • • 
 6 
• Revised COSLA Plan 2022-2027 
• Barriers to Elected Office 
• Ukraine 
• Scottish Attainment Challenge 
• National Care Service- Mental Health, Neurodiversity and Dementia
• Additional Cost of Living Support – DHP route proposal 
• COSLA Governance Meetings 2023
• Asylum and humanitarian protection 
The United Nation international 16 Days of Action against gender-based violence runs
annually from 25 November through to 10 December. COSLA participates in this campaign
with the action plan for 2022 approved by the Community Wellbeing Board. COSLA marked
the first day of the 16 Days of Action on 25 November 2022 with an opening Presidential
statement by COSLA President, Councillor Shona Morrison, aligned to this year’s ‘What Next‘
theme. 
The North Ayrshire Violence Against Women Partnership has developed a robust action plan
and communication framework in support of the campaign which will run throughout the 16
days of action.
NHS BOARD MEETING, 28 November 
I attended an NHS Board meeting on 28 November where attendees received an update from
the Chief Executive and presentations on the following 
Healthcare associated infection (HCAI) 
Women and children’s services - neonatal 
Corporate Governance learning and improvement plan 
The Board also discussed key issues arising from the various committees including the Audit
and Risk Committee, Healthcare Governance Committee, Information Governance Committee,
Integrated Governance Committee and the Performance Governance Committee. 
TACKLING CHILD POVERTY – EMPLOYABILITY MINI ENQUIRY, 28
November 
On 28 November I attended the Employability Mini Enquiry as part of the continued work of the
Tackling Child Poverty Board.  The event held at Saltcoats Town Hall was attended by many of
our partners, including NHS, CEIS and representatives from community groups and the Third
Sector.
57

Page 58

LEADER’S REPORT
• • • 
 7 
Tackling poverty, in particular child poverty, is one of our key priorities in North Ayrshire. The
responsibility for leading this work and for reporting to Scottish Government in relation to child
poverty lies with North Ayrshire Council and NHS Ayrshire and Arran.  This event enabled
attendees to take part in a discussion to understand how residents, especially families, are
supported into fair work.  The focus was on what areas are working well, identified areas for
improvement and gaps in work.   
Again, I would like to thank all the attendees for taking the time to come along and participate in
the discussions.
1ST TIER JOINT CONSULTATIVE COMMITTEE MEETING AND HEALTH AND
CORPORATE HEALTH AND SAFETY GROUP MEETING, 1 December 
On 1 December I chaired a meeting of the 1st Tier Joint Consultative Committee (JCC) meeting
and the Corporate Health and Safety Group.  Attendees at the 1st Tier JCC meeting were
provided with an update on the support available to North Ayrshire communities to cope with
rising energy costs.  There was also an update on the Under 22 free bus travel scheme and
the uptake by young people throughout North Ayrshire. 
Attendees at the Corporate Health and Safety Group meeting received an update on the
LiveWell Healthy Working Lives Programme.  The LiveWell Group continues to promote
wellbeing activities and campaigns via a range of communication channels and is split into four
key themes which are PlayWell, BeWell, WorkWell and EatWell. During September 2022, a
fifth theme called SaveWell was added to the LiveWell programme. 
AYRSHIRE SHARED SERVICES COMMITTEE MEETING, 2 December 
On 2 December I Chaired a meeting of the Ayrshire Shared Services Committee where
attendees received an update on the Ayrshire Civil Contingencies Plan. 
The Ayrshire Civil Contingencies team (ACCT) Service Plan for 2023 has provided the civil
contingencies services on behalf of the three Ayrshire Councils since it was established in
2008. The team has a responsibility to ensure the provision of the key requirements on behalf
of the North, South and East Ayrshire Councils.
FINALLY 
58

Page 59

LEADER’S REPORT
• • • 
 8 
On behalf of all the Elected Members, I would like to thank all the staff in North Ayrshire
Council for their invaluable work during the year and for their continued support in helping to
deliver on a range of Council priorities. 
In these challenging times, I hope that everyone can enjoy their Christmas with friends and
loved ones.   
Councillor Marie Burns
Leader of North Ayrshire Council
59

Page 60

60

Page 61

NORTH AYRSHIRE COUNCIL 
14 December 2022 
North Ayrshire Council 
Title:    Review of Accounting Arrangements for PFI and Similar
Contracts 
Purpose:  To seek approval of Council to revise the current methodology
used to determine the statutory repayment of debt charged to
the General Fund in relation to the Council’s service concession
contracts. 
Recommendation:  That Council approve the adoption of the revised accounting
arrangements under Local Government Finance Circular
10/2022 for the recalculation of debt repayments arising from
the Council’s service concession contracts aligned to the useful
economic life of the assets under the contracts. 
1. Executive Summary 
1.1 The Scottish Government has issued Finance Circular 10/2022 to all local authorities
which enables the application of a financial flexibility in relation to the accounting for
service concession arrangements, leases and similar arrangements.  Under this
flexibility, the accounting arrangements in relation to the capital repayment element of
the Council’s PPP and DBFM contracts have been reviewed and it is recommended
that these are adjusted in a manner consistent with the accounting for other local
authority fixed assets financed through more traditional arrangements. 
1.2  The adoption of an annuity based repayment schedule is considered prudent,
sustainable and affordable and will result in the rescheduling of charges to the
General Fund over the 50 year useful economic life of the assets rather than the
current contract terms.  This will result in the release of a one-off retrospective
repayment adjustment of £21.546m with a short to medium term reduction in the
annual debt repayment charges over the period to 2037/38. 
1.3 It is emphasised that the reductions highlighted are purely in relation to timing and that
the overall repayments charged to the General Fund remain unchanged.  This change
will result in repayment charges to the General Fund extending beyond the periods of
2037/38 for current PPP contracts and 2042/43 for the current DBFM contract to
years 2056/57 and 2066/67 respectively. 
Agenda Item 9
61

Page 62

1.4 It is proposed that the short to medium term cost reductions are considered as part of
the Council’s budget planning arrangements over the medium-term and are applied to
address the rising cost pressures within the 10-year General Services Capital
Programme.  The retrospective element of this change would be utilised to help
temporarily and partially mitigate the challenges identified in the significant budget gap
within the medium-term General Services Revenue Budget.  It is recognised however,
that any use of this flexibility would have to be applied in a limited and controlled
manner across several financial years, and critically, that this runs in parallel with
more sustainable measures to reduce the cost base of the Council in line with
available funding and the key priorities. 
2. Background 
2.1 During 2007/08, North Ayrshire Council entered into a 30 year PPP contract for the
construction, maintenance and operation of four schools with a principal capital
repayment value of £81.845m.  Subsequently, during 2018/19, the Council entered
into a 25 year Design, Build, Finance and Maintain (DBFM) contract for the provision
of Largs Campus with a principal capital repayment value of £46.626m.  The statutory
accounting requirements in relation to these “service concession” arrangements
requires Councils to separately identify the capital repayment elements of the unitary
charge payments and account for them as debt repayments over the term of the
respective contracts. 
2.2  If these assets had been financed through traditional borrowing methods, the
borrowing would have been managed through the Council’s Loans Fund with the
repayment of the principal capital element calculated over the useful economic life of
the assets. In the case of schools, this would have resulted in repayment over a 50
year period rather than over the 25 – 30 year contract period currently in place,
allowing for a lower annual charge to the General Fund over the longer repayment
period. 
2.3 Representations from local authorities to Scottish Government ministers have
highlighted the inherent anomaly in the current accounting treatment and the resultant
issue in terms of inter-generational equity, whereby current Council Tax payers are
required to meet the full cost of acquiring the schools while future generations will
continue to receive the benefit of the assets without any requirement to contribute
towards the acquisition costs. 
2.4 Under Local Government Finance Circular 10/2022 – Finance Leases and Service
Concession Arrangements, the Scottish Government has outlined a provision for
financial flexibility which will allow local authorities to apply a retrospective
recalculation of the annual charges to the General Fund in relation to the principal
capital repayment element of service concession arrangements, including PPP and
DBFM contracts.  There would be no change to the actual payments to the contractor
or to the value of interest or service charges made against the General Fund and the
schools would still transfer to North Ayrshire Council at the end of the current contract
for nil consideration. 
2.5 In order to apply this flexibility, the Finance Circular requires that the decision must be
taken to full Council, setting out the reasons for the change and demonstrating that
the change is prudent, sustainable and affordable over the life of the assets.
62

Page 63

2.6 The tables attached at Appendix 1 highlight the current arrangements for charging the
debt repayment element to the General Fund.  This highlights that total principal
repayments to 31 March 2022 were £28.755m with a further £99.716m due to be
charged over the remaining period of the contracts, which are due to end in 2037/38
and 2042/43.  This will result in total debt repayments of £128.471m over the 25-30
year period. 
2.7 Under Finance Circular 10/2022, local authorities have the option to exercise a
financial flexibility to align the statutory debt repayments to the asset life using either
equal instalments or the annuity method. 
2.8 Under the equal instalment’s method the same amount of principal repayment is
applied annually.  The annuity method assumes that the total payments, including
interest charges, are equal across all years, with the principal repayment increasing
as the interest charge reduces.  It has been determined that the annuity method
appropriately reflects the consumption of the assets over their useful lives as
maintenance costs tend to increase in later years.  Further, it is recognised that the
annuity method provides a fairer charge than equal instalments as it takes better
account of the time value of money e.g., paying £1,000,000 in ten years’ time is less
of a burden than paying £1,000,000 now.  The schedule of charges produced by the
annuity method thus results in a consistent charge over an asset’s life, considering the
real value of the amounts when they fall due.  It should also be stressed that the
annuity approach is consistent with the repayment method adopted by North Ayrshire
Council in relation to existing Loans Fund advance repayments under the current
Treasury Management and Investment Strategy. 
2.9 The application of the financial flexibility has been recalculated in Appendix 1 on the
annuity basis, discounted using the interest rate implicit in the relevant contracts as
specified in the Circular.  These rates are 6.52% and 4.4% for PPP and DBFM
respectively.  This is consistent with the 5% annuity rate applied to standard Loans
Fund repayment arrangement for more traditionally funded acquisitions over the same
periods.  On this basis, the total repayments remain at £128.471m. 
2.10 It is important to emphasise that the service concession flexibility is a timing related
transaction under which the total liability remains unchanged but is spread over a
longer period aligned to the useful economic lives of the schools in question.  The
amount that would have been charged to the General Fund to 31 March 2022 is
reduced to £7.209m with a further £121.262m due to be charged over the remaining
period of the assets’ useful economic lives, which have been calculated as 2056/57
and 2066/67 respectively.  This will result in £86.664m of repayments, which would
have been charged to the General Fund over the original repayment periods, being
deferred and charged over the period 2038/39 to 2066/67, resulting in additional
General Fund revenue pressures across those years. 
2.11 As detailed in Appendix 1, the application of the financial flexibility on this basis will
result in a retrospective financial benefit to 31 March 2022 of £21.546m with an
average annual reduction in charges to the General Fund over the 10 year period to
2031/32 of £3.380m per year.  However, the final accounting adjustments will be
subject to further scrutiny and confirmation as part of the annual external audit. 
63

Page 64

2.12 As indicated in the Medium-Term Financial Outlook, considered by Council on 2
November 2022, it is currently recommended that the recurring element of the annual
cost reductions is allocated to help address the rising cost pressures within the 10
year General Services Capital Programme, providing an additional element of
headroom in relation to both inflationary pressures and borrowing costs. 
2.13 In addition, it is recommended that the potential utilisation of the non-recurring,
retrospective element is considered as part of the Council’s Medium-Term Financial
Planning.  It is recognised however, that any use of this flexibility would have to be
applied in a limited and controlled manner across several financial years, and
critically, that this runs in parallel with more sustainable measures to reduce the cost
base of the Council in line with available funding and the key priorities. 
3. Proposals 
3.1 It is proposed that That Council approve the adoption of the revised accounting
arrangements under Local Government Finance Circular 10/2022 for the recalculation
of debt repayments arising from the Council’s service concession contracts aligned to
the useful economic life of the assets under the contracts. 
4. Implications/Socio-economic Duty 
Financial 
4.1 The financial implications are as outlined in the report.  The resultant adjustments to
the debt repayment charges to the General Fund will be considered as part of the
Medium Term Financial Plan 2023/24 to 2025/26. 
It is the opinion of the Chief Finance Officer that the recommended adoption of the
financial flexibility on an annuity basis is prudent and will contribute to the medium and
long term financial planning arrangements of North Ayrshire Council. 
Human Resources 
4.2 None. 
Legal 
4.3 The application of this financial flexibility is an internal accounting adjustment for North
Ayrshire Council and has no contractual implications in relation to the existing PPP or
DBFM contracts. 
Equality/Socio-economic 
4.4 None. 
Climate Change and Carbon 
4.5 None. 
64

Page 65

Key Priorities 
4.6 This proposal supports the key priority of “An efficient Council that maximises resources 
and provides value for money” 
Community Wealth Building 
4.7 None. 
5. Consultation 
5.1 The Finance Service has consulted with the Council's treasury advisors, Arlingclose
Ltd, and our appointed external auditors, Audit Scotland, in the preparation of this
report. 
Mark Boyd
Head of Service (Finance) 
For further information please contact David Forbes, Senior Manager (Strategic
Business Partner), on 01294 324551 or DavidForbes@north-ayrshire.gov.uk. 
Background Papers
Medium-Term Financial Outlook 2023/24 to 2025/26 
65

Page 66

Appendix 1 
Financial
Year
Current
Profile
Revised
Profile Movement Current
Profile
Revised
Profile Movement Current
Profile
Revised
Profile Movement
£m £m £m £m £m £m £m £m £m
Pre
2022/23       22.113         5.737       (16.376)        6.642         1.472          (5.170)     28.755         7.209      (21.546)
2022/23         1.946         0.611         (1.335)        1.764         0.334          (1.430)        3.710         0.945        (2.765)
2023/24         1.926         0.651         (1.275)        1.762         0.349          (1.413)        3.688         1.000        (2.688)
2024/25         2.305         0.693         (1.612)        1.890         0.364          (1.526)        4.195         1.057        (3.138)
2025/26         2.375         0.738         (1.637)        1.911         0.380          (1.531)        4.286         1.118        (3.168)
2026/27         2.512         0.787         (1.725)        1.870         0.397          (1.473)        4.382         1.184        (3.198)
2027/28         2.752         0.838         (1.914)        1.789         0.415          (1.374)        4.541         1.253        (3.288)
2028/29         3.120         0.893         (2.227)        1.787         0.433          (1.354)        4.907         1.326        (3.581)
2029/30         3.261         0.951         (2.310)        2.080         0.452          (1.628)        5.341         1.403        (3.938)
2030/31         3.540         1.013         (2.527)        1.874         0.472          (1.402)        5.414         1.485        (3.929)
2031/32         3.826         1.079         (2.747)        1.855         0.493          (1.362)        5.681         1.572        (4.109)
2032/33         3.917         1.149         (2.768)        1.889         0.514          (1.375)        5.806         1.663        (4.143)
2033/34         3.988         1.224         (2.764)        1.957         0.537          (1.420)        5.945         1.761        (4.184)
2034/35         5.211         1.304         (3.907)        1.945         0.561          (1.384)        7.156         1.865        (5.291)
2035/36         5.551         1.389         (4.162)        1.746         0.585          (1.161)        7.297         1.974        (5.323)
2036/37         5.913         1.479         (4.434)        1.589         0.611          (0.978)        7.502         2.090        (5.412)
2037/38         7.589         1.576         (6.013)        1.588         0.638          (0.950)        9.177         2.214        (6.963)
2038/39         1.679           1.679         1.769         0.666          (1.103)        1.769         2.345          0.576 
2039/40         1.788           1.788         2.022         0.695          (1.327)        2.022         2.483          0.461 
2040/41         1.905           1.905         2.141         0.726          (1.415)        2.141         2.631          0.490 
2041/42         2.029           2.029         2.235         0.758          (1.477)        2.235         2.787          0.552 
2042/43         2.161           2.161         2.521         0.791          (1.730)        2.521         2.952          0.431 
2043/44         2.302           2.302         0.826           0.826               -            3.128          3.128 
2044/45         2.452           2.452         0.862           0.862               -            3.314          3.314 
2045/46         2.612           2.612         0.900           0.900               -            3.512          3.512 
2046/47         2.782           2.782         0.940           0.940               -            3.722          3.722 
2047/48         2.963           2.963         0.981           0.981               -            3.944          3.944 
2048/49         3.157           3.157         1.024           1.024               -            4.181          4.181 
2049/50         3.363           3.363         1.069           1.069               -            4.432          4.432 
2050/51         3.582           3.582         1.116           1.116               -            4.698          4.698 
2051/52         3.815           3.815         1.165           1.165               -            4.980          4.980 
2052/53         4.064           4.064         1.217           1.217               -            5.281          5.281 
2053/54         4.329           4.329         1.270           1.270               -            5.599          5.599 
2054/55         4.611           4.611         1.326           1.326               -            5.937          5.937 
2055/56         4.912           4.912         1.385           1.385               -            6.297          6.297 
2056/57         5.227           5.227         1.445           1.445               -            6.672          6.672 
2057/58                 -            1.509           1.509               -            1.509          1.509 
2058/59                 -            1.575           1.575               -            1.575          1.575 
2059/60                 -            1.645           1.645               -            1.645          1.645 
2060/61                 -            1.717           1.717               -            1.717          1.717 
2061/62                 -            1.793           1.793               -            1.793          1.793 
2062/63                 -            1.872           1.872               -            1.872          1.872 
2063/64                 -            1.954           1.954               -            1.954          1.954 
2064/65                 -            2.040           2.040               -            2.040          2.040 
2065/66                 -            2.130           2.130               -            2.130          2.130 
2066/67                 -            2.222           2.222               -            2.222          2.222      
81.845       81.845         (0.000)      46.626       46.626           0.000    128.471    128.471        (0.000)
PPP DBFM Combined
66

Page 67

NORTH AYRSHIRE COUNCIL 
14 December 2022 
North Ayrshire Council 
Title:    Douglas Park: Proposals for Future Use of Tennis Court
Area 
Purpose:  To advise Council of the current proposals relating to the Tennis
Court area of Douglas Park, Largs, the outcome of recent public
engagement, and to propose a recommendation to progress
alienation of the area from Largs Common Good with the
purpose of leasing the area to Largs Tennis Club. 
Recommendation:  It is recommended that Council: 
a) Considers the proposals regarding the future use of the
Tennis Courts at Douglas Park, Largs; 
b) Notes the outcome of the public engagement regarding the
proposed future use of the Tennis Courts at Douglas Park,
Largs;
c) Authorises officers to progress alienation of the area from
the Largs Common Good with the purpose of agreeing a
lease with Largs Tennis Club;  
d) Approves the establishment of a Council/Community Garden
Project Group working group to identify a suitable site for
allotments; 
e) Agrees to refer the business applicants (Largs Dog Park and
the Pooch Pad) to the Council’s Business Development
team to progress commercial options; and
f) Agrees that the Council’s costs for the legal process in
relation to the Common Good be met from the Council’s
existing Community Asset Transfer Start Up Fund. 
1. Executive Summary 
1.1 Douglas Park is a much-loved civic park in central Largs. It is owned by Largs Common
Good (LCG). Since Covid there has been an upsurge in interest in the park and a local
desire to see it developed. This includes four competing requests for a lease of the
Tennis Court area. 
1.2 Each of the community groups is seeking a lease in order to improve the park or make
changes to meet their needs. External funders seek assurance of security of tenure
before approving grants. Leasing is complicated by the ownership by LCG, changes to
which require Court approval. 
Agenda Item 10
67

Page 68

1.3 A period of discussion to seek a compromise with the groups involved has taken place.
Officers have now also carried out public engagement, including online and face-to-face
drop-in events.
1.4 This paper summarises the proposals, the feedback from public engagement on these
options and makes a recommendation that Largs Tennis Club’s request for a lease be
progressed, while offering support to the other applicants to progress their aspirations.   
2. Background 
2.1 Douglas Park was originally created in 1906 when Mr C. J. C. Douglas gifted the land
to Largs Town Council for a public park. It comprised of the formal Spring Gardens at
Irvine Road and the hill section of Haylie Estate.
2.2 The Douglas Park title is held by Largs Common Good and has seen a growth in
community activities in last two years. The aims of this paper are:
• To review options for the development of the Tennis Court area, which would enable
investment in and use of the park; 
• To share feedback on the options from the local community; and 
• To make recommendations for a proposed way forward.
2.3 The increased interest in and activity around Douglas Park has resulted in requests for
long-term leases and community asset transfers. The reason for this is that external
funders require community groups to have clear and secure tenure, so that any
investment they make stays in the public domain.
2.4 There are seven Tennis Courts in Douglas Park (Appendix 1). These are currently not
used and are in need of investment. The four competing requests for the use of this
area are:
• Largs Tennis Club – for reinstatement as a tennis facility;
• Community Growing Project – for an allotment area of raised beds; 
• Largs Dog Park – for a dog exercise business facility; and 
• The Pooch Pad - a dog care business. 
2.4 A series of meetings has taken place between local ward members and officers, with
representatives of the community groups putting forward their case. PMI and Legal
Services advise that Court approval will be needed for any leases of a long-term nature
to be progressed, thus allowing the community groups to access external funding. No
consensus has been reached. The local ward members have indicated that they will
only consider leasing options to develop the community use of the park, and do not
agree that a full community asset transfer of ownership of any part of the park is in the
public interest. 
68

Page 69

Largs Common Good 
2.5   The Douglas Park title is held by Largs Common Good. The management and use of
lands and buildings controlled by the Council, and the use or disposal of land and
buildings declared surplus to the requirements of the Council, including Common Good
and HRA land are always subject to: 
• The principle of Best Value
• The terms of the Disposal of Land by Local Authorities (Scotland) Regulations 2010;
and
• Any other relevant enactment. 
It should be noted that the requests in question are for leases rather than transfers of
ownership. 
Proposals 
2.6 Proposal 1 - Community Growing Project 
2.6.1 The stated aims of this project are to:   
• Provide an outdoor focused community allotment, space for which is not available
elsewhere in Largs; 
• Regenerate a disused and derelict space; 
• Help improve mental and physical wellbeing of the people of Largs whilst building new
relationships and sense of place;  
• Provide new Access to Food options enabling people to grow their own, healthier and
nutritious produce; and   
• Increase the attraction of Largs as a place to live and to visit.   
2.6.2 The proposal is for the constituted group, with the support of the Organic Growers of
Fairlie, to create a Community Allotment space in four of the currently unused courts,
for use by the people of Largs and local area. The next step would be to work with
Council Officers to secure funding and develop a business plan to support the
community asset transfer lease agreement, should this be granted. Initially, the plan is
to use half of the existing fenced area to create 10 raised beds. Once the first 10 are in
place, and subject to further funding, this will increase to 50 beds, including beds along
the fenceline for climbing plants.  Beds will be split in two and allow up to 100 people to
participate, assuming two people per bed.  The beds are raised and will be spaced to
allow wheelchair access.  The other half of the court be used for a polytunnel, children’s
growing area, seating area, tool storage, water collection and compost bay. 
2.6.3 With the growing spaces and community garden the Community Growing Project will
have an active social inclusion policy. The local nursery would be offered a specific area
for the children to have outdoor learning and development through hands on growing
which develops coordination and motor skills as well as communication and
understanding and providing some food for their snacks. The nursery teachers and
parents will be invited to be actively involved in these activities. The Community
69

Page 70

Growing Project has established school growing projects within the high school and the
primary schools in Largs that are run by a committed local team, which is keen to get a
bigger project running for the wider community. Demand is high for growing spaces;
this has been established by the Organic Growers of Fairlie who have a waiting list of
26 people from Largs trying to get some growing space. Community allotments can also
provide local access to surplus for local food larders, for example community
partnership in West Kilbride has a link between allotments and the local food larder
which supports people in need with some healthy options, especially important during
the cost-of-living crisis, and this is a model which the group would like to replicate. 
Council officers have not received the business plan for review.   
2.7 Proposal 2 - Largs Tennis Club 
2.7.1 Largs Tennis Club is proposing to develop the seven courts at Douglas Park to a
standard which provides the opportunity to play tennis all year round on all-weather,
floodlit courts. This will include resurfacing the courts at Douglas Park, the provision
of new fencing and floodlighting (subject to Planning Consent), posts and nets. A
smart entry system will also be installed to enable season passes and public access
to the courts.   
2.7.2 This proposal will provide facilities which ensure the long-term viability of the tennis
courts through a fully funded maintenance programme. This will guarantee the site’s
long-term sustainability by the Club setting aside finance to ensure ongoing
maintenance and facility refurbishment after a ten-year period. 
2.7.3   Largs Tennis Club (LTC) has been in existence for a number of years and since its
inception members have developed links with the local community and schools
through Community Holiday Coaching Courses and Community Coaching
Programmes, which include: 
• Mini Tennis Red 4 to 8 years - played on small courts with short rackets and sponge
balls or felt balls enabling players to learn different shots and start to rally;
• Mini Tennis Orange & Green 9 to 11 years - courts are bigger and wider than the red
stage allowing players to develop a range of techniques and tactics before moving on
to the next level; 
• Junior Tennis - 12 to 16 years - played on a full-sized court with yellow compression
balls. Players learn to develop basic technique, how to build rallies and learn about
match play; and 
• Orange and Green Tennis - 9 to 11 years; Junior Tennis 12 to 16 years; Adult Beginner
17+ years; and Adult Improver 17+ years. 
2.7.4 LTC also has links to Largs Academy, which involves coaching courses tailored
towards the needs of various age groups. These courses will continue if the move to
Douglas Park progresses. 
70

Page 71

2.7.5 The proposal is that the refurbishment of the Douglas Park Courts will provide a wide
range of health opportunities to members of the local community who will have access
to the refurbished Douglas Park Tennis Courts. These include: 
• A full body workout;
• Improvements in stamina;
• Increased muscle toning;
• Weight loss; and
• Improved agility. 
2.7.6  The Lawn Tennis Association (LTA) is supportive of this proposal and has provided
North Ayrshire Council with a fully costed option to develop the courts. The LTA’s
proposed business model is supported by its Parks Renovation model. The business
plan shows annual income of £18k from season passes; public pay and play (the
proposed Lawn Tennis Fund includes 75% of time protected for public access on a
‘pay to play’ basis); and coaching, with annual expenditure of £14k, leaving an
estimated annual excess (including contingency) of £4k to be used for community
development. The Parks Tennis Programme includes annual maintenance of the
courts. In addition, LTC has a ‘sinking fund’ of £30k which would be used to obtain
additional match funding of £30k to fund floodlights. As part of the discussions, the
LTA requested and gained approval for the Council to undertake a long-term
commitment for maintenance for 10 years, with Largs Tennis Club as the responsible
partner, should the request be granted by Council. Support for community
development would be available from the Locality Team, should this proposal be
approved. 
2.8 Proposal 3 - Largs Dog Park 
2.8.1 The third proposal seeks to offer something to Largs that people, the proposer
suggests, will use on a daily and weekly basis all year round, through turning the
disused Tennis Court area into a dog park business. 
2.8.2  This proposal would use all seven of the tennis courts in Douglas Park, which, it is
proposed, would provide a safe place for a dog park in Largs. It has large areas with
high fencing which are already in place and the proposer suggests that re-purposing
the area could be completed quickly. 
2.8.3 The dog park would be a business which could bring a handful of jobs for people part
time/full time. It could also offer work experience for school children or for people to
volunteer. 
2.8.4 The dog park would work through website booking or telephone booking, which would
generate a time and a coded text or email once payment has been received. Entry
would be protected by a gate, with a coded lock that would generate access every
30mins to 60mins. 
71

Page 72

2.8.5 A reception cabin (subject to Planning Consent) at the park would be staffed, providing
on site booking, monitoring and an inside space for people to shelter while their dogs
run free, with a place to rinse and wash, dry and provide water for dogs. There would
be booking timings for large, medium and small groups, to allow dogs to play and
bond. 
2.8.6  Training classes may be put in place from experienced trainers, depending on
demand. 
2.8.7 The proposal is for year-round, 12 hours access per day and includes CCTV
monitoring of the area.
2.8.8 This is a proposal from an individual for commercial purposes. The lease would not
meet the criteria for community asset transfer leasing, as identified in the Community
Empowerment (Scotland) Act 2015. Income from the commercial lease would go to
the Largs Common Good Fund. Council officers have not received the business plan
for review.
2.9 Proposal 4 - The Pooch Pod
2.9.1 This proposal is to lease a three court area of Douglas Park tennis courts for a dog
day care business operating Monday - Friday, 8am - 5pm during school term time. 
2.9.2 This proposal indicates that a client list has already been identified. This business aims
to bring services, jobs and a health initiative to Largs.
2.9.3 The intention would be to construct a cabin/structure (subject to Planning Consent) to
provide an indoor facility for the dogs in the day care service. The business-owner
intends to create a ‘home from home’ feeling with a comfortable inside area for dogs
to play or rest. There would be sofas, bean bags and classical music playing, which is
proven to create a restful, calming feeling for the dogs. Rest time for each of the dogs
will be encouraged between the hours of 12-2pm each day. The outside area of the
business would be paramount to creating a healthy, happy environment. The business
owner stresses the dog waste will be picked up immediately and that dogs will get
plenty of fresh air and exercise. There will be a 2-gate safety system in place to avoid
any dogs escaping from the area. Each of the dogs in the day care would be suitably
vetted. 
2.9.4 This is not a kennels nor a boarding facility. The business owner’s background is as a
professional dog groomer, with experience of running successful businesses,
including dog handling skills, understanding and knowledge of dogs, dogs’ body
language, canine anatomy and canine first aid certification. As the business
establishes, there would be opportunities to employ staff with similar experience. 
2.9.5 This proposal includes possible opportunities to provide other community-based
initiatives such as volunteering for people suffering with mental health issues or
partnering with the allotment project proposal’s dementia groups and providing a dog-
petting area with “therapets.” The aim is to help reduce anxiety, ease loneliness, boost
self-confidence, add structure to the dogs’ day help them to meet new people. 
72

Page 73

2.9.6 This is a proposal from an individual for commercial purposes. The lease would not
meet the criteria for community asset transfer leasing, as identified in the Community
Empowerment (Scotland) Act 2015. Income from the commercial lease would go to
the Largs Common Good Fund. Council officers have not received the business plan
for review. 
The Legal Process 
2.10 Legal Services advise that there are two stages involved when considering alternative
use of Common Good land.
2.11 The first stage is disposal to a third party. If the use of the land is changed so that it is
no longer available for the inhabitants as a whole to use this is likely to be a disposal
(or appropriation, if the Council itself wishes to use the land for another purpose). The
disposal may be a sale or a lease – either will have the practical effect of removing it
from public use. 
2.12 If there is a disposal, the second stage is to consider whether the land is inalienable.
In general terms Common Good land is inalienable when the use of the land is
dedicated to a public use. In most cases, common good land held by the Council will
fall into this category, and officers take the view that Douglas Park would fall into the
category of being inalienable. When common good land is inalienable, court authority
to any disposal or appropriation is required. 
2.13 The Council has investigated the practicalities of providing a lease to the tennis club.
Unfortunately, it seems providing a lease will not be a quick or simple process given
that the tennis court areas forms part of the Common Good. 
2.14 As the two community organisations (The Community Growing Project and LTC) want
to secure funding, they would also require security of tenure. A lease that would be
acceptable to funders (potentially, between 10 and 25 years), regardless of the
proposed lessee, is likely to amount to a disposal from the Common Good and require
court authority to alienate the area from the Common Good.   
2.15 Before the Council could grant a lease, officers would need to establish Trustees’
support and a statutory consultation process would require to be completed, including
publishing the details about the proposed lease and representations invited from
Community Councils and community bodies. There are set timescales which must be
allowed for responses to the consultation and the Council is required to consider and
reply to any representations. The statutory consultation process would take a
minimum of 16 weeks to complete. 
2.16 Moreover, court authority to lease the land would almost certainly be required to be
obtained before the lease could be granted, as the grant of the lease would be a
disposal which would alienate the subjects let from the Common Goood purposes.
The court process would be commenced following the consultation process being
successfully completed. Commencing the court process would not guarantee an
outcome in which the Council would be authorised to lease the land; and the court
may reject the petition, particularly if there are local objections. Separately, the club or
73

Page 74

group would be required to meet the court fees along with the Council’s Legal
and Estates fees, and the court fees would be increased in the event the
petition was opposed. 
2.17 The Council could draft lease heads of terms in a relatively short timescale but would
not be able to sign-off a lease until the common good issue is resolved.
2.18 The process of disposal from the Common Good, including obtaining court authority
for alienation, can take a minimum of six months, and is likely to take longer in more
complex scenarios such as this. The court application itself may take more than six
months if there are objections, especially as the courts are still dealing with the backlog
which has accumulated during the coronavirus restrictions. It would also require
Council and public support.
2.19 Proposals
Proposal Summary
1.Community
Growing Project
Requires 4 courts.
10 raised beds, increasing to 50.
Capacity for 100 growers.
Longer term development of court includes polytunnel.
Wheelchair access.
2. Largs Tennis Club Requires 7 courts.
Public pay to play 75% and 25% member-only.
Longer term development of court includes floodlights.
Youth coaching.
Concessionary access.
Fully funded development through Club funds and Lawn
Tennis Association, using their business modelling to create
a ‘sinking fund.
3. Largs Dog Park Requires 7 courts.
Dog exercise and training facility,
Private business.
Volunteering/employment opportunities.
Pay to use.
Longer term development includes reception cabin and
CCTV.
Commercial lease with income for Largs Common Good
Fund.
4. The Pooch Pad Requires 3 courts.
Dog day-care facility.
Private business.
Volunteering/employment opportunities.
Potential community partnership opportunities – pet therapy.
Pay to use.
Longer term development includes a shelter.
Commercial lease with income for Largs Common Good
Fund.
74

Page 75

Public Engagement 
2.20 Public engagement opportunities were set up by North Ayrshire Council, publicised
through partners, in the Largs and Millport News and on social media. Drop-in
sessions were held on 21st and 28th November 2022. Opportunities were offered for
the public to see the proposals and comment on their preference. 
2.21 The purpose of the engagement was to gather the views of: 
• Users and non-users of Douglas Park who reside in Largs; 
• Those with an interest in the future of the park; and 
• Partner organisations potentially impacted by any changes. 
2.22 The public engagement was instigated as a means of clarifying the strength and
breadth of public views. The strength of feeling expressed about the potential impact
on the neighbouring residents and properties was also taken into account.  The factors
below have shaped the recommendations: 
• Numbers of responses;
• The content of public feedback; and
• The need to consider the views of those residents most affected by the proposals for
the Park. 
2.23 In total 465 responses were received through the online portal, in paper form and via
email. A number of strong views were expressed in the returns. There were also seven
proposals for sharing the tennis court area, however it had been identified earlier in
the process of exploring respective applications that sharing the area is unlikely to
meet the needs of respective groups. 
2.24 A selection of comments made by the public, both in favour of and against the
proposals, is included below in Table 1. 
Table 1
Proposal 1 - Community Growing Project
• ‘This is a much-needed resource for Largs Community as a whole and could
(hold) benefit for more individuals and groups in Largs than any other proposal.’
• ‘This would be fabulous for young and old alike. Mental health and physical
exercise would be bonuses to fresh food and a learning environment.’
• ‘The best proposed idea of all. No such facility exists in Largs and given the
current global food situation it is imperative that as many people as possible are
given the opportunity to grow within Largs.’ 
• ‘While I appreciate the benefits of having allotments, I think there are other areas
in Largs where they could be located.  For example, in Anderson Park.’
• ‘This is a good idea but it should not replace tennis courts, some other place
should be found for it. I would also be worried about it looking untidy, messy, and
possibly also attract pests and rats.’
• ‘There are other and more appropriate areas for growing. Raised beds on this
foundation will mean all growing mediums will need to be imported.’ 
75

Page 76

Proposal 2 - Largs Tennis Club
• ‘Excellent proposal, lots of merit, I can see a well thought out plan and the land
would keep its sporting purpose.’
• ‘This would provide an open-air facility for sport and exercise for all ages, in
unlimited numbers. It would be restoring and upgrading an existing facility.’
• ‘This sounds well researched and costed. It will involve more of the community
than the other options and will include visitors/ tourists to area over the summer
months. I think this is best option.’ 
• ‘Already have great facilities in Inverclyde sports centre.’
• ‘I have never seen anyone playing tennis on any of the courts. How did the courts
become derelict in the first place? Lack of interest? Insufficient information?
Additionally, the National Sports Centre provides tennis courts and club facilities.
All of the other proposals have no other opportunities available.’
• ‘Has been here for years & look at the state of it & lack of use as a result. Tennis
courts in operation & well maintained up at Inverclyde with sufficient parking.’ 
Proposal 3 - Largs Dog Park
• ‘This proposal gets my 100% support. We have nothing like this in the town and
it would make a massive difference to able to use this dog park with dogs that
can’t be off lead for some reason and be given a chance to still run off lead with
the option of booking a private slot. Brilliant idea and well thought through with a
wide range of uses for a huge amount of people with dogs of different needs and
interests.’
• ‘This is a much-needed facility for the town, a well thought out and
comprehensive pitch.’
• ‘I think having the dog park in Douglas Park would be an excellent idea.’ 
• ‘As a dog owner I feel we have plenty of on and off lead areas to walk a dog in
and around Largs so I don’t think this is required.’
• ‘Already a number of similar areas allocated for dogs available to the Largs
Community but FREE.  This is a private business making profits from the land
belonging to the constituents of Largs.’
• ‘I agree that a dog park will be beneficial to Largs. I also feel that Douglas Park
has a community ethos and is no place for a business. Question the wisdom of
this so close to a nursery. Wonder how local residents feel about it. Dogs going
up the hill are very difficult to contain excited dogs noise wise.’ 
Proposal 4 - The Pooch Pod
• ‘Another good idea for this place as we need doggy day care.’
• ‘A good idea, but how does closing atfive help those in work, probably the group
most needing such services? Also, despite the good intentions, I'm not sure
letting other people in to interact with customers' dogs is a good idea.’
• ‘I like this idea and think this facility would be welcomed.’ 
• ‘Curious how a business can survive when selectively turning away dogs not
small or medium. As a dog owner I am aware the size of the dog doesn’t
determine its temperament so having dogs kept outside a nursery doesn’t
consider children who are dog averse. Am very confused how a dog service
operates term time and hence how it could hope to survive. I feel focus on size,
neutered dogs ignores the importance of vaccinations, hygiene, waste disposal
76

Page 77

and noise. These are the real issues around this type of business in a public
space.’
• ‘I disapprove of this option. Taking your dog to an enclosed area while you sit
inside a cabin and watch them seems a strange way to exercise your dog. Most
dog owners enjoy walking their dogs out in the open. There are many areas in
Largs to walk your dog properly.’
• ‘I understand the need for a daycare facility for dogs especially after the rise in
dog ownership during Covid and the fact that people are now having to return to
the workplace. But I do not think that this area should be used as a private
business as it was given to the community by a benefactor.’ 
2.25 The first preference outcomes expressed in the online form, paper versions from face
to-face engagement and emails sent directly to the Council provided the following
results: 
Largs Tennis Club 147
Community Garden 132
Dog Park 105
Dog Day Care 76
Spoilt papers* 5 
* Where the voter’s preferences were unclear, or a blank return. 
2.26 The views expressed included those of many of the Park’s neighbouring households, 
who were significantly in favour of the Largs Tennis Council’s proposal. 
Recommendations 
2.27 Taking the above into account, and  following extensive exploration of options with the
individual groups and public engagement, the recommendations to Council are
therefore as follows: 
2.27.1 North Ayrshire Council should initiate lease discussions with Largs Tennis Club, as
the first stage of alienation of Common Good land, taking into account the complex
court and public consultation processes involved; 
2.27.2 Council should remit officers to set up a formal North Ayrshire Council working group
with the Community Growing Project with the following purposes: 
• Review all the options for suitable Council-owned ground for a
• community growing initiative in the Largs area;
• Explore potential options with all public sector partners in the area; 
• Explore potential options to purchase an appropriate site for the use
• of the Community Growing Project; and
• Report to Council on the recommendations of the working group. 
2.27.3 Council should refer the Largs Dog Park and the Pooch Pod to appropriate Council
and other business support should they wish to explore alternative commercial
opportunities. 
77

Page 78

3. Proposals 
3.1 It is proposed that Council: 
a) Considers the proposals regarding the future use of the Tennis Courts at Douglas
Park, Largs; 
b) Notes the outcome of the public engagement regarding the proposed future use of the
Tennis Courts at Douglas Park, Largs;
c) Authorises officers to progress alienation of the area from the Largs Common Good
with the purpose of agreeing a lease with Largs Tennis Club; 
d) Approves the establishment of a Council/Community Garden Project Group working
group to identify a suitable site for allotments; 
e) Agrees to refer the business applicants (Largs Dog Park and the Pooch Pad) to the
Council’s Business Development team to progress commercial options; and
f) Agrees that the Council’s costs for the legal process in relation to the Common Good
be met from the Council’s existing Community Asset Transfer Start Up Fund. 
4. Implications/Socio-economic Duty 
Financial 
4.1 Option 1 is likely to attract external funding. Option 2 has secured external funding
considered to be in the region of £200 000. Options 3 and 4 would generate annual
income for the Largs Common Good Fund. It is also recommended within this paper
that the Council’s costs for the legal process in relation to the Common Good be met
from the Council’s existing Community Asset Transfer Start Up Fund. 
Human Resources 
4.2 None. 
Legal 
4.3 Legal implications are identified in paragraphs 2.10-2.18. 
Equality/Socio-economic 
4.4 There will be considerable socio-economic benefits to be achieved should the asset be
successfully transferred into community ownership.  These are outlined under the
individual proposals. 
Climate Change and Carbon 
4.5 There will be considerable environmental and sustainability benefits to be achieved
should the asset be successfully transferred into a community growing initiative. 
Key Priorities 
4.6 The proposals contained within the report support the following North Ayrshire Council
Plan priorities: 
• Active and strong communities 
78

Page 79

• People enjoy good life-long health and wellbeing. 
Community Wealth Building 
4.7 The proposal supports the following pillars of community wealth building: 
• Advancing community enterprises; and
• Advancing local ownership of underused land and buildings. 
5. Consultation 
5.1 In preparation for this report, extensive conversations were held with local ward
members, community groups and Council officers. A public engagement was carried
out in November 2022 and the outcomes are included at 2.20-2.24 in this report. 
Audrey Sutton
Executive Director (Communities & Education) 
For further information please contact Rhona Arthur, Head of Service (Connected
Communities), on (01294) 324415. 
Background Papers
Appendix 1: Douglas Park Plan
79

Page 80

6
4
61
15.6m
8c
63
65
29
73
79
75
36
10
67
69
71
77
81
68
16
39
8b
8d
8a
40
Fn
Path Law
Green
Path
Bowling
21.6m
Play Area
HAYLIE
GARDENS
Douglas Park
Path (um)
Path (um)
Margaret's
Tennis Court
Tennis Court
CATHCART ROAD
Reproduced from the Ordnance Survey map with the permission of the Controller
of Her Majesty's Stationery Office © Crown Copyright. Licence No. 100023393.
AREA 1
AREA 2
80