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Item 08 - Non-Domestic Rates Hardship Application

West Dunbartonshire Council · 25 March 2026
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WEST DUNBARTONSHIRE COUNCIL
Report by Chief Officer - Resources
Council: 25 March 2026
___________________________________________________________________
Subject: Non-Domestic Rates Hardship Application
1. Purpose
1.1 The purpose of this report is for Council to consider a non-domestic rates
hardship application.
2. Recommendations
2.1 It is recommended Council:
a) Confirms the Chief Officer – Resources recommendation to not award
hardship relief
b) Delegates authority to Chief Officer – Resources to determine any
future applications for Discretionary Relief from Non-Domestic Rates.
3. Background
3.1 Section 156 of the Local Government (Scotland) Act 1994 makes provision for
a council to settle (in whole or in part) a business’s Non-Domestic Rate
liability if it is satisfied the business would sustain hardship if it did not do so
and that is reasonable for the Council to do so, having regard to the wider
interests of its local taxpayers.  The powers under Section 156 are
discretionary and it has been the practice for the Council to decide whether to
make a settlement.
3.2 On 25 October 2000 Council considered a Discretionary Relief from Non-
Domestic Rates – Hardship paper and agreed that hardship relief would be
submitted to the Director of Corporate Services, who would forward
applications with appropriate recommendations for Council to consider.  The
position of Director of Corporate Services no longer exists in the Council’s
establishment and with the relevant officer now being the Chief Officer –
Resources.
3.3 Although Non-Domestic Rate income is collected locally and added to the
national pool of rates income, 25% of any hardship relief awarded must be
met from the Council’s General Fund.
ITEM 6

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4. Main Issues
4.1 The Council has received a Non-Domestic Rates Hardship application. This is
the first one received since the policy was agreed in October 2000. The Non-
Domestic property the application relates to is Dalmoak Castle which is in
Dumbarton.  The property has been empty since December 2013 and is
classified as a Class 8 – Residential Institution (Nursing Home). 
4.2 The application for hardship was based on the following information provided
by the applicant:
 Since the insolvency of the nursing home company in 2013, we have
been maintaining Dalmoak Castle at significant personal financial cost.
 We continue to bear heavy mortgage commitments and repair costs for
this listed heritage property, while at the same time investing what
limited resources we have into upgrading the building in the hope of
bringing it back into productive use.
 Payment of non-domestic rates at this stage would cause us severe
financial hardship and force us to halt the upgrading works. This in turn
would make it impossible to progress with our plans to reopen the
property for community benefit, such as the health and wellbeing
project.
 We therefore respectfully request hardship relief for Dalmoak Castle
from 1 April 2024 until the property is either sold or brought back into
viable business use. This would allow us to continue maintaining and
upgrading the property, safeguarding it as part of the local heritage,
and eventually contribute positively to the local economy.
4.3 The property was in receipt of 100% Empty Property Relief from 19 December
2013 to 31 March 2024.  The rates relief value for this period was
£165,583.73.  Entitlement to Empty Property Relief ended from 1 April 2024
following Council’s approval of the Non-Domestic Rates Empty Property
Relief Policy on 20 December 2023 which removed the 100% relief previously
awarded to listed buildings. 
4.3 The outstanding charges for 2024/25 and 2025/26 are £28,635.
4.4 Following receipt of the hardship application on 25 August 2025, the property
was visited was by two Council officers on 19 September 2025.  This was to
allow the applicant to discuss their business plans and work carried out on
Dalmoak Castle and allow the officers to provide a report to Chief Officer –
Resources. 
4.5 The report which details the professional views on the work completed and
work required to bring the property back into use stated:
 The external fabric is in reasonable condition, and the grounds of
property are being maintained.

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 All timber windows and doors are in urgent need of decoration and the
there is a need to renew sand mastic sealant.
 Internal floors, walls and ceilings are in reasonable condition and
property is dry and free from dampness.
 Bedrooms have screeded pipes chases to radiators and are broken up
in areas.
 First floor room doors have been upgraded to fire doors but the
condition of the door closers and fire seals are poor.
 Bathrooms throughout property are dated and in need of refurbishment
with some work started on replacement showers in two ground floor
ensuite rooms.
 Catering kitchen is dated and in need of replacement.
 Two dehumidifiers were running on the first-floor landing.
 Oil-fired central heating was running when visit was carried out
however condition of boiler is unknown.
 Condition of hot and cold water system and drainage system unknown.
 Fire alarm requires inspection and testing.
 Many radiators are corroded and the enamel finished is damaged.
 Decoration is tired and needs refreshed
The report summary states there appears to be minimal investment on the
property for a number of years due to the Care Home business ending and is
in need of major investment to bring it up to a habitable standard for any
functional use.  The cost of the works is likely to run to several hundred
thousand pounds, and an estimation of the timescale for refurbishment could
be up to 24 months.
4.6 The applicant was emailed on 6 October 2025 for clarification on the points
noted below:
 During the visit, the applicant advised there was no business or building
plan in place. Confirmation was required if this remained the case.
 Information to be provided on costings and timescales required to bring
the property up to a standard to allow the business to commence.
 If consideration had been given to any planning applications that might
be required to change the use of the property.
4.7 The applicant responded on 15 October 2025 confirming there was no
business plan in place however they were developing the concept.  The reply
addressed the planning consent and provided further information on the
planned building works as follows:
 Refurbishment of three ground-floor bedrooms, upgrades to fire safety
systems, replacement of the main electrical fuse board, and installation
of appropriate security measures.
 Refurbishment of three additional rooms on the upper floor and further
restoration as resources permit.

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The applicant advised they have upgraded the central heating system, which
involved a significant expense.  That several radiators and valves still need to
be replaced, and that  internal painting and furnishing will also be required to
make the rooms suitable for occupation. 
4.8 Due to an error made in the Non-Domestic Rates (Scotland) Act 2020 which
accidentally removed the legal right for local authorities to charge owners of
unoccupied properties, consideration of the hardship application had to be
paused to allow the Scottish Government and local authorities to seek a legal
opinion.  Emails were sent to the applicant on 12 and 26 November 2025 to
advise and confirm once this was resolved, contact would be made with them.
4.9 On 25 November 2025, Scottish Parliament agreed a motion to treat the Non-
Domestic Rates (Liability for Unoccupied Properties)(Scotland) Bill as an
Emergency Bill.  This was agreed with the bill passing on 27 November 2025
and became an Act on 7 January 2026.  This Act resolved the issues raised at
point 4.7 and the rate payer was updated and advised that the application
would be considered by Chief Officer – Resources and recommendation
made to Council on 25 March 2026.
4.10 Having considered the application, the report provided by the Council officers
and subsequent information from the applicant, the Chief Officer Resources 
recommendation is that hardship relief is not granted.
4.11 As stated at point 3.1, the Council must be satisfied that the business would
sustain hardship if the application was not granted.  Currently this is not an
active business but an empty property that has benefited from rates relief as
stated at 4.3.
4.12 The Council Officers professional opinion is that the property requires major
investment to bring it up to a habitable standard for any functional use. 
Without completing a full inspection, the officer estimates the costs could run
to several hundred thousand pounds and take up to 24 months to complete.
4.13 The rate payer has confirmed that there is no business plan in place and no
evidence of funds in place to complete the required works.
4.14 In reaching this decision on the hardship relief, the Chief Officer Resources
must fully consider the above information, the probable completion date
considering business planning and financials, the viability of the business
model and if the relief would be in the interest of council taxpayers. 
4.15 While the proposed business could benefit residents suffering from diabetes,
help with obesity management and wellbeing, there are concerns over the
investment required to make this a reality and over whether this is a viable
business model.
4.16 Recommendation 2.1b) recommends that all such future applications are
determined by the Chief Officer: Resources.  This reflects the fact that

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applications for relief may often consider detailed financial, technical and
personal information which is not appropriate to place in the public domain
and which may require professional knowledge and expertise to best
consider.  If agreed, the appropriate policy and scheme of delegation will be
amended to permit determination by the Chief Officer: Resources except in
those circumstances where he deems it is not appropriate to exercise such
delegation. In these cases a report will be submitted to Council with the
appropriate safeguards taken in respect of commercial and personal data.
5. People Implications
5.1 There are no people implications. 
6. Financial & Procurement Implications
6.1 If approved, the cost to the General Fund for the years 2024/25 and 2025/26
would be £7,158.75.
7. Risk Analysis
7.1 None
8. Equalities Impact Assessment (EIA)
8.1 An equalities screening carried out did not identify any equality
considerations. 
9. Consultation
9.1 The views Legal Services have been requested on this report and have
advised there are no issues
10. Strategic Assessment
10.1 Sound financial practice and budgetary control are imperative to assist with
the governance of the Council and supports officers of the Council in
achieving the five strategic priorities of the Council’s Strategic Plan.  This
report forms part of the financial governance of the Council.
……………………………………………
Laurence Slavin
Chief Officer - Resources
Date: 25 March 2026

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Person to Contact: Ryan Chalmers, Section Head, Church Street,
Dumbarton. Email: ryan.chalmers@west-
dunbarton.gov.uk 
Appendices: None
Background Papers: Report to Council, 25 October 2000
Wards Affected: All Council wards.