Agenda Document Pack - Property Sub-Committee - 19/05/2025
Perth and Kinross Council · 19 May 2025
Back to Property Sub-Committee — 19 May 2025 and its agenda
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Ambition | Compassion | Integrity Our vision is for a Perth and Kinross where everyone can live life well, free from poverty and inequality Council Building 2 High Street Perth PH1 5PH 13/05/2025 A hybrid meeting of the Property Sub-Committee will be held in the Council Chamber on Monday, 19 May 2025 at 13:00. If you have any queries please contact Committee Services on (01738) 475000 or email Committee@pkc.gov.uk. THOMAS GLEN Chief Executive Those attending the meeting are requested to ensure that all notifications are silent on their device and other devices are in silent mode. Please note that the meeting will be broadcast online and recorded. The recording will be publicly available on the Council’s website following the meeting. Members: Councillor Grant Laing (Convener) Councillor Tom McEwan (Vice-Convener) Bailie Chris Ahern Councillor Peter Barrett Councillor Andy Chan Councillor Dave Cuthbert Councillor Stewart Donaldson Page 1 of 12
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Property Sub-Committee Monday, 19 May 2025 AGENDA MEMBERS ARE REMINDED OF THEIR OBLIGATION TO DECLARE ANY FINANCIAL OR NON-FINANCIAL INTEREST WHICH THEY MAY HAVE IN ANY ITEM ON THIS AGENDA IN ACCORDANCE WITH THE COUNCILLORS’ CODE OF CONDUCT. 1 WELCOME AND APOLOGIES/SUBSTITUTES 2 DECLARATIONS OF INTEREST 3 MINUTE OF MEETING OF THE PROPERTY SUB-COMMITTEE OF 18 NOVEMBER 2024 FOR APPROVAL (copy herewith) 5 - 6 4 PERTH COMMON GOOD ACCOUNT - MONCREIFFE ISLAND, AND KING JAMES VI GOLF COURSE, PERTH Report by Strategic Lead - Legal and Governance (copy herewith 25/124) 7 - 12 IT IS RECOMMENDED THAT THE PUBLIC AND PRESS SHOULD BE EXCLUDED DURING CONSIDERATION OF THE FOLLOWING ITEM(S) IN ORDER TO AVOID THE DISCLOSURE OF INFORMATION WHICH IS EXEMPT IN TERMS OF SCHEDULE 7A TO THE LOCAL GOVERNMENT (SCOTLAND) ACT 1973 P1 DISPOSAL - SITE 9 NORTHFIELD BUSINESS PARK, ISLAY PLACE, PERTH • Exempt Reason 6 - Information relating to the financial or business affairs of any particular person (other than the authority). • Exempt Reason 9 - Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services. P2 THE ACQUISITION AND DISPOSAL OF LAND BETWEEN THE COUNCIL AND A PRIVATE LANDOWNER IN SUPPORT OF STRATEGIC PRIORITIES INCLUDING HOUSING AND EMPLOYMENT • Exempt Reason 6 - Information relating to the financial or business affairs of any particular person (other than the authority). • Exempt Reason 9 - Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for Page 3 of 12
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the acquisition or disposal of property or the supply of goods or services. Page 4 of 12
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Property Sub-Committee Minute of hybrid meeting of the Property Sub-Committee of the Finance and Resources Committee held in the Council Chamber, 2 High Street, Perth on Monday 18 November 2024 at 1.00pm. Present: Bailie C Ahern, Councillors G Laing, T McEwan, P Barrett, A Chan, D Cuthbert and S Donaldson. In attendance: J Janes, A Campbell, M McCaskie and A Peace (all Economy, Development and Planning), J McColl (Housing and Communities), D Robertson, A Taylor, S Hendry, A Brown, M Pasternak (all Legal and Governance). Councillor G Laing, Convener, Presiding. 1. Welcome and Apologies Councillor G Laing welcomed all present to the meeting. There were no apologies submitted. 2. Declarations of Interest There were no Declarations of Interest made in terms of the Councillors’ Code of Conduct. 3. Minute of Meeting of Property Sub-Committee of 2 September 2024 For Approval The minute of meeting of the Property Sub-Committee of 2 September 2024 was submitted and approved as a correct record. 4. Disposal by Auction of 2 and 2A Balmoral Road, Rattray There was submitted a report by the Strategic Lead – Economy, Development and Planning (24/309) seeking approval for the disposal of 2 and 2A Balmoral Road, Rattray by sale as a single lot at auction. Resolved: (i) The sale at auction as a single lot of 2 and 2A Balmoral Road, Rattray for Market Value, in compliance with the Disposal of Land by Local Authorities (Scotland) Regulations 2010, be approved. (ii) It be agreed that should the properties fail to sell at auction, they will be re- marketed for sale either at auction or by private treaty. It was agreed that the public and press should be excluded during consideration of the following items in order to avoid the disclosure of information which is exempt in terms of Schedule 7A to the Local Government (Scotland) Act 1973. 3 Page 5 of 12
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P1. Schedule Of Property Matters Approved Under Delegated Authority There was submitted a report by the Strategic Lead – Economy, Development and Planning (24/310) advising of property transactions undertaken by the Council and approved under delegated authority in the period 19 September 2023 to 4 October 2024. Resolved: The contents of Report 24/310, be noted. Page 6 of 12
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Our vision is a Perth and Kinross where everyone can live life well, free from poverty and inequality ___________________________________________________________________ Committee or Board: Property Sub-Committee Date of Meeting: 19 May 2025 Report Title: Perth Common Good Account - Moncreiffe Island, and King James VI Golf Course, Perth Report Number: 25/124 Report Author: Callum Macleod, Solicitor Organisational Lead: Strategic Lead - Legal & Governance ___________________________________________________________________ 1. Purpose 1.1 As part of the Council’s overall review of its Common Good property, an investigation has been carried out into the current status of the ground at Moncreiffe Island, Perth, which is leased by the Council to the King James VI Golf Club. 1.2 While this land has always been treated as Common Good property, for the reasons contained in this report, it is proposed that the Council formally appropriates the ground to the Perth Common Good Fund to put its status beyond doubt. 1.3 Sections 1. Purpose 2. Recommendation(s) 3. History of Moncreiffe Island/Main Issues 4. Conclusion 5. Impact and Value Assessment 6. Appendices 2. Recommendation 2.1 It is recommended that the Property Sub-Committee resolves to appropriate the ground at Moncreiffe Island, Perth, leased to the King James VI Golf Club, as common good property. 4 Page 7 of 12
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3. History of Moncreiffe Island/Main Issues 3.1 Moncreiffe Island was first acquired in 1888 by the Water Works Commissioners. The title in their favour states that the Island was acquired by them using powers derived from the Perth Water Act 1877 and the Perth Water and Gas Act 1888. 3.2 It appears therefore that the original reason for the acquisition was in connection with the Burgh’s statutory function as Water Works Commissioners. It is believed that there was a filter bed created on part of the Island to provide clean drinking water to Perth via the former water works at Marshall Place. The rest of the Island continued to be used mainly for agriculture at first. 3.3 In 1888, the Commissioners renewed the existing farmer’s lease before they secured a new agricultural tenant a few years later. By 1896, it seems that most of the Island (certainly that part leased to the farmer) was then leased to the King James VI Golf Club. The Club had relocated from the North Inch and continue to lease it from the Council to this day. The Island and the area of the allotment are shown on the plan forming the appendix to this report 3.4 Not all of the Island is used as a private golf course. The public has always been allowed access round its perimeter. The current lease to the Golf Club specifically reserves rights in favour of the general public ‘for outdoor activities such as angling, bird watching and walking.’ Part of the Island has been used as allotments since 1895. 3.5 Notwithstanding that the original acquisition was for a statutory purpose, Moncreiffe Island has long been regarded by the Council as forming part of the Common Good. It has appeared as such in the Council’s annual accounts and has done so for some considerable time. 3.6 However, land which was acquired by or transferred to a Burgh Council for a statutory purpose, such as under the Water Acts, does not form part of the common good and on that basis, the Island did not form part of the Common Good at the time of its acquisition in 1888. 3.7 If subjects originally acquired for a statutory purpose are to be moved into the category of common good, there requires to be a subsequent dedication or appropriation of those subjects to the common good. No record of a specific appropriation has been traced. 3.8 The Perth and Kinross Register of heritable common good property (i.e. land & buildings) was published as a consultative draft, in January 2023, and then in its final form in November 2023. It covers the 10 Common Good funds of Perth and Kinross and lists a total of just over 100 properties, comprising both land and buildings, together with fishing rights in Perth and in Crieff. Work is ongoing to identify the moveable common good property and it is anticipated that this information will be incorporated into the register later this year. Page 8 of 12
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3.9 When the register was nearing publication, information was uncovered concerning the acquisition of Moncreiffe Island at the end of the 19th century as outlined above, and it was identified that the common good status of the Island might be problematic. 3.10 During the latter preparatory stages of the register, the Council was assisted by Andrew Ferguson, formerly a solicitor at Fife Council and author of the textbook Common Good Law, of which a second edition was published in 2019. In 2023, a view was sought from him on the common good status or otherwise of the various parts of the Island. 3.11 Andrew Ferguson has concluded that: ➢ The Golf Course is not technically common good. This is because it was originally bought by the Water Works Commissioners for a statutory purpose and has then been used for private purposes; ➢ The allotments are not common good, having been transferred (‘appropriated’ in the words of the legislation) for another statutory purpose; ➢ The fishing rights on the Island have always been available for public use through the Council’s ownership of the land. Accordingly, the fishing rights can be said to have been dedicated to public use and therefore they are a part of the common good; ➢ The perimeter of the Island has been dedicated to a public use and is therefore common good. 3.12 Whilst this may be technically the position, it is unsatisfactory having both the fishing rights and pedestrian access around the periphery of the island as common good property but not the golf course land which makes up most of the Island. It is acknowledged that the income from the allotments should remain on the Common Good account, but this is identifiable as a separate area of activity. 3.13 Following discussions with the Council’s senior accountant on the use of common good funds, it has become clear that the golf course has always been held on the Common Good Fund for Perth. Considering its longstanding treatment as a common good asset, it would appear prudent to continue to treat it as such. This can be accomplished by a decision of the Committee to formally appropriate (transfer) the Golf Course part of the Island to the Common Good. 3.14 In keeping with the Council’s belief that the Golf Course was common good property, expenditure affecting the land has been borne by the Perth Common Good fund. In recent years, these costs have included the repairs to the steps from the railway bridge which provides access to the golf course, approximating £105,000. The formal appropriation of the golf course as part of the Perth common good property would reflect the approach taken in the accounts over these years. Page 9 of 12
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3.15 I consider that this is a unique case and, as such, it is not anticipated that a precedent is likely to be set for other sites. 3.16 Furthermore, the King James VI Golf Club have been consulted about this proposal. The Club Manager was approached recently for comment, and the comments the Council received back from the Club Manager in an email from 25 February 2025, on behalf of the wider membership group were positive about our proposal. 4. Conclusion 4.1 It is recommended that the Sub-Committee approves the formal appropriation of Moncreiffe Island including the King James VI Golf Course (but excluding the allotments) into the Perth common good account. Both the golf course and the wider island, have been considered as a common good asset for most of their time in public hands, and it would be prudent for those areas to continue to be treated as such. 5. Impact and Value Assessment Perth_Common_Good_Account- _Moncreiffe_Island_and_the_King_James_VI_Golf_Course__Perth.pdf 6. Appendices 6.1 Appendix 1 – Map of Moncreiffe Island Page 10 of 12
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King James VI Golf Course M ean High W ater S prings 41 Beechgrove 29 19 3 4 1 to 19 15 29 33 7 28 MARSHALL PLACE 8 Summerhill 5 34b LB Slipway 25 31 V ictoria M ew s 71 14 26 34 Bellwood Bellwood Glenburn 24 27 17 27 16 6 75 32 23 N ELSO N ST R E ET 21 30 Lodge 2 Sheldrake 32 13 50 23 29 PDB ESS 2 Hotel Gallery 83 22 18 River Tay 80 Causeway M ean H igh W ater S prings Elim Pentecostal 56 Church58 Garage 67 Princes Street Mews 63 64 12 52 62 85 70 69 13 to 18 S hingle 74 to 78 Roma 2 Car Park Woodcroft The Archery Greyfriars Burial 92 House 47 (remains of) M ud Kirkland D U N DE E R O AD 64 to 68 88 to 90 Wellwood 55 7 to 12 30 to 36 Cottage Willowgate Glen Hall Viewmount Sub Sta 68 73 410 P R IN C ES S TR EET 1 to 6 El Sub Sta BELLWOOD W ater S prings Fergusson The 6 West Lodge Redinche Manse 86 Woodend SP 57 H illside 63 LB 64 S helter SP Ledlanet S H O R E R O AD 17 Willowgate 80 101a 101 Bellwood Riverside Park Belhaven Pontoon Westwood House 2 TCB M ean High W ater Springs Mean High Water Springs M H & M LW S M ean High W ater S prings 58 River Tay S hingle 56 4254 52 2 CANAL STREET S hingle M ean H igh Cottage 44 46 48 60 62 12 Lorien 27 14 El Sub Sta Walker Court 1 to 10 36 30 Quayside Court The Baptist's 43 Car Park 37 Shelter Church 15 35 SB SB 8 101b Hill Rise Mud M ud 3 6 2 Club House ISLAN D VIEW Pumping Path P ath MP 20.0 Station Pumping 3 4 R iverview Park 1 to 9 Allotment Gardens Willow Bank 10 to 18 MP 0.75 Shingle PARK House 1 67 1 P ath Beechgrove 9 Wellbank 47 28 Cameron House Car Park 39 M ean H igh W ater S prings LC Depot Gas Gov 1 WB S outh Inch Business C entre Scrap Yard The Ice Factory Tayview House C onveyor SM S M LB S M SM S M Cottage Taybank S hingle Hoppers S ettling T ank M ean H igh & M ean Low W ater Springs El Sub Sta PC Sand and Shingle Fergusson Skateboard Bowl Shelter EDINBURGH ROAD Car Park Ppg Sta 1 S hingle 70 25 14 to 18 El Sub Sta 11 MP 0.25 El 6 76 7 St John 61 P ath South Inch 11 33 60 1 30 82 22 M LW S 80 to 86 TCB South Inch Ground to 38 40 42 1 to 3 86 T AY S TR EET SOUTH WILLIAM STREET MARSHALL MEWS Ps 18 21 13 54 Tayview Industrial Estate 1819 Bakery Factory SHORE ROAD E l Sub Sta Perth HM Prison 5 9 P ath Lower Friarton Warehouse Warehouse Warehouse MHWS WB M H & M LW S S and & Shingle Slipway and Sand Grosvenor House 15 6 11 Mean High Water Springs M ean High W ater Springs Sand and Shingle Friarton Sands M ercian B uildings El S M Willowgate M ean High W ater Springs & M ean Low W ater Springs Tay Kinnoull House House El Sub Sta M ud Club Store Sand and Shingle Shingle Sloping masonry Sand and Shingle Sand S and & Shingle 14 King James VIBusiness Centre S and and Shingle Mean High Water Springs Friarton or Moncreiffe Island Tank Mid Friarton M ud Sloping masonry Business Park Slipway M ean High W ater Springs Perth Harbour Shingle Sloping masonry and 7 Sand and Shingle El Sub Sta Sloping masonry Sand Sta Sub M ud 1 Mast (Telecommunication) River Tay Mean High Water Springs M ean H igh W ater Springs FB River Tay Mean High Water Springs 22 12 Friarton Triangle 18 4 Station Pumping Sewage Warehouses El Sub Sta River ViewCottages 13b 3 15b 12 15c DW 27 to 31 Recycling Centre Riverview Business Park Riverview SL 12 8 55 7 15a 9 Nether Friarton Units 7 47 39 a,b 1 to 4 43 8 Friarton House Mast (telecommunication) 1 Nether Friarton 4 Sloping m asonry 10 53 16 to 26 a to j 10 3 57 a,b Accord 30 59 3 Armagh FRIARTON Sub Sta 45 a,b Tank Outfall Tank 13a ROAD F RIAR TO N R OAD 2a 1 Bon House 37 6 Pp Ho 41 2 House SM M ud FRIARTON M ean High W ater S prings Friarton 5 51 a,b 14 49 El River Tay Cormack El Friarton Bridge Park Tank South Kinrara M ean High W ater Springs Mean High Water Springs Sub Sta Tir na Nog WB Mean High W ater Springs 68 19 Mud D UN D EE R O AD Birnam W ard Bdy Toll House 114 116 D W 112 West View T ER R A C E Barnhill Cottage ESS Mean High Water Springs M ean H igh W ater Springs Mean High Water Springs 27 25 BARNHILL Dalwood Willanslee Shingle M ud Track Saltmarsh Tanks Pond Dragon West Branklyn M H W S 21 Ivybank Barnhill Lodge The Old Cozieden The Lodge Sand and Shingle Marsh Northbank Tayview 23 SM Bishop's House The Maples Willowgate Fishery 60 A 85 56 54 Springwood 62 Northlands Barnhill Estate 1 FAIRM OU NT R OAD 82 Friarton Bridge Clover Cottage (NTS) Gowrie 50 St Leonards Path (um ) Path (um) Friarton or W illowgate Hillpark The Rounall East Lodge 78 Deerbank Orchardbank Craigmount Veitchfield 74 106 5 El Sub Sta Sand Sand Track Ruin CR Co Const & Ward Bdy S hingle Mud Tank MP 0.5 SP Cottage 96 Tank 66 Sand and Shingle Pinehills Hilltop Treetops Smythfield Ward Bdy P Const Bdy CR Path (um) M H & M LW S Highfield Tanks Tank Moncreiffe Island Track Lodge D Fn Lay-by Gardens The SP 1 BS Drain FB Path Ward Bdy S M 48 DUNDEE ROAD Ardura Shingle Oakside Steading Cliff View Lay-by FAIRM OUN T Willowgate P ath (um ) Shingle 15 84 Little Lodge Balnacraig School M90 FB 76 River Tay M H W S Mean High Water Springs Mean High Water Springs Mean High Water Springs Craigbank Fairmount A90 A90 W arehouse Warehouse WB Depots Factory Factory Warehouse WB M ean H igh & M ean Low W ater Springs House Mean Low Water Springs Club 22 Harbour Mud 32 M ean Low W ater Springs Office Mooring Posts H AR B O U R RO AD Perth Harbour El Sub Sta Mean High & Mean Low Water Springs FRIAR TO N ROAD Buildings Gartshore M ean High & M ean Low W ater Springs Sta D ism antled Railway MANSON CRESCENT Quayside Rail Bridge SITE PLAN Scale 1:5000 © Crown copyright [and database rights] 2024. OS 100016971. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Moncreiffe Island Perth PH2 8NR A3 DEED PLAN 1:5000BD D/P/1108 05/11/2024 AREA SHADED RED 43.39 ha All boundaries to OS Feature Line 4 Page 11 of 12
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