Public reports pack
Argyll and Bute Council · 29 September 2022
Back to Argyll and Bute Council — 29 September 2022 and its agenda
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Argyll and Bute Council Comhairle Earra-Ghàidheal Agus Bhòid Executive Director: Douglas Hendry Kilmory, Lochgilphead, PA31 8RT Tel: 01546 602127 Fax: 01546 604435 DX 599700 LOCHGILPHEAD 21 September 2022 NOTICE OF MEETING A meeting of ARGYLL AND BUTE COUNCIL will be held ON A HYBRID BASIS BY MICROSOFT TEAMS AND IN THE COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on THURSDAY, 29 SEPTEMBER 2022 at 10:30 AM, which you are requested to attend. Douglas Hendry Executive Director BUSINESS 1. APOLOGIES FOR ABSENCE 2. DECLARATIONS OF INTEREST (IF ANY) 3. MINUTES (Pages 7 - 16) Argyll and Bute Council of 30 June 2022 4. MINUTES OF COMMITTEES (a) Policy and Resources Committee of 11 August 2022 (Pages 17 - 22) (b) Special Policy and Resources Committee of 11 August 2022 (Pages 23 - 24) (c) Community Services Committee of 25 August 2022 (Pages 25 - 38) (d) Environment, Development and Infrastructure Committee of 1 September 2022 (Pages 39 - 42) The above minutes are submitted to the Council for approval of any recommendations on the items which the Committee does not have delegated powers. These items are marked with an *. 5. LEADER'S REPORT (Pages 43 - 54) Report by Leader of the Council 6. POLICY LEADS REPORT (Pages 55 - 90) Report by Policy Leads Public Document Pack
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7. POLITICAL MANAGEMENT ARRANGEMENTS (Pages 91 - 94) Report by Executive Director with responsibility for Legal and Regulatory Support 8. COUNCIL CONSTITUTION REVIEW (Pages 95 - 110) Report by Executive Director with responsibility for Legal and Regulatory Support 9. FREEDOM OF ARGYLL AND BUTE (Pages 111 - 116) Report by Executive Director with responsibility for Legal and Regulatory Support 10. UKRANIAN REFUGEE RESETTLEMENT IN ARGYLL AND BUTE (Pages 117 - 124) Report by Executive Director with responsibility for Refugee Resettlement 11. PILOT FOR REGISTRARS CONDUCTING FUNERAL SERVICES IN KINTYRE AREA 2022 - FEES AND CHARGES (Pages 125 - 130) Report by Executive Director with responsibility for Customer Support Services 12. COST OF LIVING AND FUEL COST CRISIS BRIEFING (Pages 131 - 134) Report by Executive Director with responsibility for Customer Support Services 13. ARGYLL AND BUTE COUNCIL'S SHORT TERM LET LICENSING SCHEME (Pages 135 - 216) Report by Executive Director with responsibility for Development and Economic Growth and extract from Minute of meeting of Planning, Protective Services and Licensing Committee held on 28 September 2022 (to follow) 14. STRATEGIC HOUSING INVESTMENT PLAN (SHIP) 2023/24 - 2027/28 (Pages 217 - 274) Report by Executive Director with responsibility for Development and Economic Growth 15. HOUSING ANNUAL ASSURANCE STATEMENT 2022 (Pages 275 - 282) Report by Executive Director with responsibility for Development and Economic Growth 16. HELENSBURGH WATERFRONT DEVELOPMENT - CAR PARKING (Pages 283 - 290) Report by Executive Director with responsibility for Roads and Infrastructure 17. CHILD POVERTY PLAN ANNUAL REVIEW 2021-22 (Pages 291 - 374) Report by Chief Officer, HSCP REPORTS FOR NOTING 18. EXECUTIVE ACTIONS - NATIONAL POWERBOAT CHAMPIONSHIPS, DUNOON (Pages 375 - 378) Report by Executive Director for Development and Infrastructure NOTICE OF MOTION FOR DECISION 19. NOTICE OF MOTION UNDER STANDING ORDER 13 Over the past four - at least - Council terms, there is one issue which results consistently in unanimity across the Council Chamber.
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That issue is the need for urgent action at the A83 Rest and Be Thankful, Argyll and Bute’s lifeline in every single aspect of life in this region. Over the past decade and more, this Council has, in recognition of the absolutely vital importance of the situation, called for action and engaged with government at all levels to press the urgent and utterly vital need for a permanent solution to be identified and, crucially, put in place, as quickly as possible. In each new Council term, that approach has been reiterated and backed up by action of various forms, including numerous motions to Council and Committee, extensive ministerial correspondence from Council Leaders and colleagues, including joint cross-party approaches, and countless discussions at both political and official level. It is also worthy of recall that our colleagues in the Argyll First group submitted a 10,000-signature petition to the Scottish Government’s Public Petitions Committee - a petition which, in 2012, was unanimously supported by that Committee and, subsequently, endorsed by the Council in that term. That petition is, of course, still very much alive and is due to be considered again by that Committee in the near future. Also worthy of note is the petition signed by over 400 Argyll and Bute businesses - more evidence of the urgency and the impact of this situation on the local economy. All of this has resulted in progress - including the trunking of the A83 between Kennacraig and Campbeltown. The key action though remains; and we remain united in our call, as a new Council, for urgent action. I ask colleagues today, in this new Council term, to join together once again and reaffirm this Council’s position once more. Let this be the Council term where we see a very significant leap forward towards the permanent solution that our communities desperately need to see in use; where we see ground broken on the ‘new Rest and Be Thankful’. Argyll and Bute Council: Welcomes the progress made towards that goal with the Scottish Government’s announcement of its £25m investment in design and development work for the route through Glen Croe; Reaffirms and reiterates our previous calls for planning, construction and opening of the replacement route within the life of the this Scottish Parliament, as a strategic priority for Argyll and Bute; Resolves to continue our engagement with national government at all possible opportunities to press home the case for urgent action without delay, including through participation in the A83 Taskforce alongside continued dialogue with ministers; noting the Leader’s update on his most recent engagement with the Transport Minister and that this will continue as often as required; and the Council’s recent presentation from the RABT Campaign Group. Proposed by: Cllr Robin Currie, Leader of the Council Seconded by: Cllr Jim Lynch, Leader of the SNP Group
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REPORTS WITH EXEMPT APPENDICES 20. LEARNING ESTATE INVESTMENT PROGRAMME (LEIP) - POTENTIAL BID FOR NEW MULL CAMPUS (a) Report by Executive Director with responsibility for Commercial Services and Education (Pages 379 - 386) (b) Appendix A (Pages 387 - 388) E1 (c) Appendix B (Pages 389 - 392) (d) Appendix C (Pages 393 - 396) E1 (e) Appendix D (Pages 397 - 406) 21. BID4OBAN - APPROVAL OF BALLOT SUBMISSION AND BUSINESS PROPOSAL - THIRD BALLOT (a) Report by Executive Director with responsibility for Development and Economic Growth (Pages 407 - 412) E2 (b) Appendix 1 (Pages 413 - 414) (c) Appendices 2 to 8 (Pages 415 - 468) E2 (d) Appendix 9 (Pages 469 - 470) (e) Appendix 10 (Pages 471 - 504) EXEMPT REPORT FOR DECISION E3 22. PROPOSED ACQUISITION OF KINTYRE CARE CENTRE, CAMPBELTOWN (Pages 505 - 520) Report by Executive Director with responsibility for Legal and Regulatory Support The Council will be asked to pass a resolution in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the public for items of business with an “E” on the grounds that it is likely to involve the disclosure of exempt information as defined in the appropriate paragraph of Part I of Schedule 7a to the Local Government (Scotland) Act 1973. The appropriate paragraphs are:- E1 Paragraph 8 The amount of any expenditure proposed to be incurred by the authority under any particular contract for the acquisition of property or the supply of goods or services. Paragraph 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. E2 Paragraph 6 Information relating to the financial or business affairs of any particular person (other than the authority). E3 Paragraph 6 Information relating to the financial or business affairs of any particular person (other than the authority). Paragraph 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.
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Argyll and Bute Council Contact: Hazel MacInnes Tel: 01546 604269
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MINUTES of MEETING of ARGYLL AND BUTE COUNCIL held BY MS TEAMS on THURSDAY, 30 JUNE 2022 Present: Councillor Maurice Corry (Chair) Councillor John Armour Councillor Gordon Blair Councillor Robin Currie Councillor Audrey Forrest Councillor Graham Hardie Councillor Kieron Green Councillor Donald Kelly Councillor Liz McCabe Councillor Julie McKenzie Councillor Yvonne McNeilly Councillor Gary Mulvaney Councillor Gemma Penfold Councillor Douglas Philand Councillor Andrew Vennard Councillor Luna Martin Councillor Ian MacQuire Councillor Tommy MacPherson Councillor Jan Brown Councillor William Sinclair Councillor Garret Corner Councillor Reeni Kennedy-Boyle Councillor Paul Donald Kennedy Councillor Ross Moreland Councillor Andrew Kain Councillor Mark Irvine Councillor Peter Wallace Councillor Amanda Hampsey Councillor Willie Hume Councillor Math Campbell-Sturgess Councillor Dougie McFadzean Councillor Daniel Hampsey Councillor Fiona Howard Attending: Pippa Milne, Chief Executive Douglas Hendry, Executive Director Kirsty Flanagan, Executive Director David Logan, Head of Legal and Regulatory Support Anne Blue, Head of Financial Services Fiona Davies, Chief Officer, Health and Social Care Partnership Fergus Murray, Head of Development and Economic Growth Jane Fowler, Head of Customer and Support Services Patricia O’Neill, Governance Manager 1. APOLOGIES FOR ABSENCE Apologies for absence were intimated from Councillors Lynch and Paterson. 2. DECLARATIONS OF INTEREST Councillor Paul Donald Kennedy declared a non financial interest in Item 13 of the Agenda (Civic Government (S) Act, Delegation for Suspension of Licence) as he held a taxi drivers licence. He advised that he would remain in the meeting but would take no part in the discussion of the item. 3. MINUTES (a) Minute of Argyll and Bute Council 28 April 2022 The Minutes of the meeting of Argyll and Bute Council held on 28 April 2022 were approved as a correct record. (b) Minute of Argyll and Bute Council 19 May 2022 The Minutes of the Meeting of Argyll and Bute Council held on 19 May 2022 were Page 7 Agenda Item 3
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approved as a correct record. 4. MINUTES OF COMMITTEES (a) Environment, Development and Infrastructure Committee of 2 June 2022 The Minutes of the Environment, Development and Infrastructure Committee held on 2 June 2022 were noted. (b) Policy and Resources Committee of 16 June 2022 The Minutes of the Policy and Resources Committee held on 16 June 2022 were noted. 5. LEADER'S REPORT The Council considered a report outlining the Council Leader’s activity from 19 May to 17 June 2022. The report also included updates in relation of his Policy Lead portfolio. Decision The Council noted – 1. The content of the report. 2. That any reports, briefings or copy correspondence referred to in the report could be requested as appropriate through the Leader Support Manager, noting that some confidential reports provided by external organisations, such as COSLA, may be restricted (Ref: Report by Leader of the Council dated 20 June 2022, submitted) 6. YEAR END REPORTS PACK 2021-22 (a) COVERING REPORT AND UNAUDITED ANNUAL ACCOUNTS The Council considered a report which gave an overview of the Unaudited Annual Accounts for 2021-22 and a summary of the significant movements from 2020-21 and sought approval for the unaudited annual accounts for 2021-22 for issue. Decision The Council approved the unaudited annual accounts for the year ended 31 March 2022 for issue. (Ref: Report by Section 95 Officer dated 21 June 2022, submitted) (b) REVENUE BUDGET MONITORING - FOR THE YEAR 2021-22 The Council considered a report which summarised the revenue budget position of the Council at the end of the financial year for 2021-22 which also summarised the movement in the General Reserve balance. Decision The Council – Page 8
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1. Noted the revenue budget monitoring position as at the end of financial year 2021- 22. 2. Noted that the unallocated balance within the General Fund as at 31 March 2022, after taking into account the contingency, amounts to £1.841m. 3. Approved the revenue virements over £0.200m between January and March 2022. (Ref: Report by Section 95 Officer dated 6 June 2022, submitted) (c) EARMARKED RESERVES - 2021-22 YEAR-END The Council considered a report which provided information on the progress with balances already earmarked within the General Fund, new balances earmarked at the end of 2020-21 that qualify for automatic carry forward, The report also presented proposals to earmark 16 new areas of unspent budget which require approval. Decision The Council – 1. Approved the revised Policy on Year End Flexibility included at Appendix 1. 2. Approved the 16 new unspent budget earmarked reserve proposals totalling £1.307m as supported by submitted business cases and noted that there are a further 7 unspent budget earmarkings amounting to £4.499m that have been previously approved, as outlined in Appendices 2.1 and 2.2. 3. Noted the new balances of £16.474m at the end of 2021-22 that qualify for automatic carry-forward as outlined in Appendix 3. 4. Noted the previously approved unspent budget earmarked reserves of £10.450m and the justification for continuing to earmark these as outlined in Appendix 4. 5. Noted that a total of £56.704m of automatically carried forward balances which are previously earmarked balances in addition to the new amounts earmarked as a result of budget decisions in February 2021 and February 2022 as outlined in Appendix 5. 6. Approved an amendment to the funding behind the agreed £2.653m allocation to Roads Reconstruction. A revised amount of £0.887m coming from unallocated COVID funding and the balance of £1.766m coming from the unallocated general fund balance. 7. Noted that £0.515m of no longer required earmarked balances will be released back into the General Fund. 8. Noted that £2.148m relating to Social Work reserves is recognised on the Balance Sheet and is outwith the scope of the report. (Ref: Report by Section 95 Officer dated 6 June 2022, submitted) Page 9
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(d) CAPITAL BUDGET MONITORING REPORT - 31 MARCH 2022 The Council considered a report which highlighted the contents of the financial summary in relation to the Capital Budget as at 31 March 2022. The report provided information on the financial position in respect of the Capital Plan and also the performance in terms of delivery of capital plan projects. Decision The Council – 1. Noted the contents of the report and the financial summaries as detailed at Appendix 6. 2. Approved the proposed virements at Appendix 3 and the roll forward of any over or underspends in relation to expenditure and income as part of the year end process. (Ref: Report by Section 95 Officer dated 6 June 2022, submitted) (e) ANNUAL TREASURY REPORT 2021-22 The Council considered the Annual Treasury Management report for 2020-21. Decision The Council noted and approved the Annual Treasury Management Report for 2021-22 and commended the Treasury Team on all their hard work on the returns. (Ref: Report by Section 95 Officer dated 6 June 2022, submitted) (f) STRATEGIC HOUSING FUND ANNUAL REPORT 2021-22 The Council considered a report which provided an annual update on the Strategic Housing Fund (SHF) income and expenditure position for 2021-22. Decision The Council noted the report on income and expenditure for 2021-22 and the balance on the SHF as at 31 March 2022 and noted the estimate future income for SHF for 2022-23. (Ref: Report by Section 95 Officer dated 6 June 2022, submitted) 7. STRATEGIC HOUSING FUND APPLICATION - ISLE OF ULVA The Council considered a report which updated members on progress in relation to the refurbishment of 6 properties on the island of Ulva by the North West Mull Community Woodland Company and requested an additional Strategic Housing Fund payment to enable the delivery of the 6 affordable houses on the island of Ulva. Decision Page 10
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The Council approved the sum of £90,663 from the Strategic Housing Fund. This is in addition to the £12,000 per unit £72,000 in total, Officer mandate already approved from the SHF for this project. (Ref: Report by Executive Director with responsibility for Development and Economic Growth dated 30 June 2022, submitted) 8. UK SHARED PROSPERITY FUND - ARGYLL AND BUTE INVESTMENT PLAN The Council considered a report which sought approval on the proposed process to be taken by the Council for the development and preparation of the required Argyll and Bute UK Shared Prosperity Fund (UKSPF) Investment Plan, further to the publication of the full prospectus on 13 April 2022. Decision The Council – 1. Agreed UKSPF Investment Plan should be pursued and to delegate final approval to the Policy and Resources Committee on 11 August 2022. 2. Agreed that senior officers seek the required endorsement from the local MP and MSPs to support the Argyll and Bute UKSPF Investment Plan. (Ref: Report by Executive Director with responsibility for Development and Economic Growth dated 20 June 2022, submitted) 9. BID4OBAN - APPROVAL OF BALLOT SUBMISSION AND BUSINESS PLAN - THIRD BALLOT The Council considered a report which asked members to endorse the Oban Business Improvement District (BID) ballot submission and to note the Draft Business Proposal Term Three, in support of the ballot. Decision The Council – 1. Noted the ballot request and the BID4Oban Draft Business Proposal, Term Three. 2. Agreed to delegate approval of the ballot request and final proposal to preserve the veto date of 28th July 2022, to the Executive Director with responsibility for Development and Economic Growth, in consultation with the Leader, Depute Leader and Leader of the largest Opposition Group. 3. Agreed to instruct the Returning Officer to conduct a ballot over 42 days in 2022 from Thursday 25 August to Thursday 6 October (‘the ballot day’). 4. Authorised the Executive Director with the responsibility for Development and Economic Growth to cast the votes on behalf of the council in favour of the BID. 5. Agreed that the Council will charge £7,956 (incl VAT) per annum, to BID4Oban for administering the levy charge to businesses in Oban, with charges thereafter increased annually. The first increase will apply on 31 October 2023 and annually thereafter for the subsequent term of the BID. Page 11
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6. Agreed that, if BID4Oban are successful in the ballot, the Council will pay an estimated £6,120 per annum in levy contributions for Council properties in Oban. 7. Noted that if the BID group are successful in the ballot, two representatives from the Council would be requested to sit on the BID4Oban Board, one Elected Member and one Officer. (Ref: Report by Executive Director with responsibility for Development and Economic Growth dated May 2022, submitted) 10. LEVELLING UP FUND - BUSINESS CASE AND BID SUBMISSION UPDATE The Council considered a report which informed members on the final position and key principles concerning the Levelling Up Business Cases for both of the Council’s levelling up bids. Decision The Council – 1. Agreed the individual elements of the bids being submitted. 2. Approved in principle the identified match funding for each bid. 3. Agreed that final approval of the business case and submission of the Council’s LUF application be delegated to the two Executive Directors in consultation with the Leader and Depute Leader of the Council and the Leader of the largest Opposition Group by the deadline of 6 July 2022. (Ref: Report by the Executive Director with responsibility for Development and Economic Growth dated 24 June 2022, submitted) 11. ARGYLL AND BUTE COUNCIL GAELIC LANGUAGE PLAN The Council considered a report which advised members of an issue that had arisen in relation to the Council’s Gaelic Language Plan. Bòrd na Gaidhlig have proposed two amendments to the plan that are considered to be material and requires a Council decision to proceed. Motion The Council – 1. Notes the current status of the Council’s Gaelic Language Plan. 2. Notes that the majority of actions in the plan continue to be delivered. 3. Agrees the amended Target recommended by Bòrd na Gaidhlig: Up to 90% of all primary schools in the Council area will offer Gaelic at L2 or L3. 4. In respect of the proposed amendment to the Plan by Bòrd na Gaidhlig to establish a Gaelic School, agrees no further change to the Council’s draft Plan as previously approved by the Community Services Committee. Moved by Councillor Currie, seconded by Councillor Mulvaney Page 12
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Amendment We wish to take the opportunity to acknowledge the excellent work undertaken to promote the provision of the Gaelic language throughout our diverse council area. We confirm our agreement to recommendations 3.1, 3.2 and 3.3, and propose the following amendment to recommendation 3.4 3.4 In respect of the proposed amendment to the plan by Bòrd na Gaidhlig to establish a Gaelic School requests that officers provide a comprehensive report to the next meeting of the full Council outlining the detail behind the Bòrd’s rationale for requesting this amendment. Moved by Councillor McKenzie, seconded by Councillor Blair. As the meeting was being held on a virtual basis the vote required to be taken by calling the Roll and Members voted as follows – Motion Amendment No Vote Cllr Corner Cllr Armour Cllr Kelly Cllr Corry Cllr Blair Cllr Currie Cllr Brown Cllr Green Cllr Campbell-Sturgess Cllr A Hampsey Cllr Forrest Cllr D Hampsey Cllr Howard Cllr Hardie Cllr Hume Cllr Kain Cllr Irvine Cllr Kennedy Cllr Kennedy-Boyle Cllr MacPherson Cllr Martin Cllr McCabe Cllr MacQuire Cllr McNeilly Cllr McFadzean Cllr Moreland Cllr McKenzie Cllr Mulvaney Cllr Philand Cllr Penfold Cllr Sinclair Cllr Vennard Cllr Wallace Decision The Motion was carried by 18 votes to 14 with 1 no vote and the Council resolved accordingly. (Ref: Report by Executive Director with responsibility for Customer and Support Services dated 21 June 2022, submitted) 12. POLITICAL MANAGEMENT ARRANGEMENTS The Council considered a report which highlighted a number of additional requests for appointments to outside bodies that have been submitted to the Council for consideration and further provided an update in relation to appointments to the Live Argyll Board. Page 13
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Motion The Council makes the following appointments – 1. Councillor Ross Moreland as the representative on KIMO (Kommuners International Kiljorganisation). 2. Councillor Gary Mulvaney as the substantive member and Councillor William Sinclair as the substitute member to the Scottish Joint Council for Local Government Employees. 3. Councillor Liz McCabe as the representative to Older People’s Champion. 4. Note the details of the representation on the Live Argyll Board. Moved by Councillor Currie, seconded by Councillor Mulvaney. Amendment The Council makes the following appointments – 1. Councillor Luna Martin as the representative on KIMO (Kommuners International Kiljorganisation). 2. Councillor Gary Mulvaney as the substantive member and Councillor William Sinclair as the substitute member to the Scottish Joint Council for Local Government Employees. 3. Councillor Liz McCabe as the representative to Older People’s Champion. 4. Note the details of the representation on the Live Argyll Board. Moved by Councillor Irvine, seconded by Councillor Armour. As the meeting was being held on a virtual basis the vote required to be taken by calling the Roll and Members voted as follows – Motion Amendment Cllr Corner Cllr Armour Cllr Corry Cllr Blair Cllr Currie Cllr Brown Cllr Green Cllr Campbell-Sturgess Cllr A Hampsey Cllr Forrest Cllr D Hampsey Cllr Howard Cllr Hardie Cllr Hume Cllr Kain Cllr Irvine Cllr Kennedy Cllr Kelly Cllr MacPherson Cllr Kennedy-Boyle Cllr McCabe Cllr Martin Cllr McNeilly Cllr MacQuire Cllr Moreland Cllr McFadzean Cllr Mulvaney Cllr McKenzie Cllr Penfold Cllr Philand Page 14
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Cllr Sinclair Cllr Vennard Cllr Wallace Decision The Motion was carried by 18 votes to 15 and the Council resolved accordingly. (Ref: Report by Executive Director with responsibility for Legal and Regulatory Support dated 15 June 2022, submitted) 13. CIVIC GOVERNMENT (SCOTLAND) ACT 1982: TAXI DRIVER/PRIVATE HIRE CAR DRIVER MEDICALS AND DELEGATION FOR SUSPENSION OF LICENCE The Council considered a recommendation from the Planning, Protective Services and Licensing Committee of 23 March 2022 which sought a delegation to the Executive Director with responsibility for Legal and Regulatory Support to consider the immediate suspension of a licence. Decision The Council agreed that a delegation be given to the Executive Director with responsibility for Legal and Regulatory Support in consultation with the Chair and Vice Chair of the PPSL Committee, to immediately suspend a licence in terms of paragraph 12(1) of Schedule 1 of the Civic Government (Scotland) Act 1982 if they determine that the circumstances of the case justify immediate suspension, on the grounds of undue public nuisance or a threat to public order or public safety. (Ref: Recommendation by the PPSL Committee and report to that Committee, submitted) 14. NOTICE OF MOTION UNDER STANDING ORDER 13 The following Notice of Motion Under Standing Order 13 was before the Council for consideration – Motion That, in this month where we mark our Armed Forces contribution, this Council: I. renews its commitment to the Armed Forces Covenant, which is based on the premise that those who serve or have served, and their families deserve respect, support and fair treatment. In particular, it states that: “Those who serve in the Armed Forces, whether regular or Reserve, those who have served in the past, and their families, should face no disadvantage compared to other citizens in the provision of public and commercial services. Special consideration is appropriate in some cases, especially for those who have given most such as the injured and the bereaved.” II. is proud to be Armed Forces friendly and recognises the enormous contribution and sacrifices that members of the Armed Forces and their families make every day for the safety and security of our country. Page 15
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III. values the service of all British Armed Forces personnel, past and present, including those from Commonwealth Nations. IV. Requests officers update members on what current support we offer our armed forces and veterans and what more can be done to strengthen partnerships with the Armed Forces Community. V. Asks that our Armed Forces and Veterans Champion, Provost Maurice Corry regularly updates members on the good work that the council is doing in this area. Moved by Councillor MacPherson, seconded by Councillor Kain. Decision The Council endorsed the terms of the Motion. Page 16
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MINUTES of MEETING of POLICY AND RESOURCES COMMITTEE held in the ON A HYBRID BASIS BY ATTENDANCE IN THE COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD OR REMOTELY BY MICROSOFT TEAMS on THURSDAY, 11 AUGUST 2022 Present: Councillor Robin Currie (Chair) Councillor Gordon Blair Councillor Kieron Green Councillor Amanda Hampsey Councillor Fiona Howard Councillor Andrew Kain Councillor Reeni Kennedy-Boyle Councillor Jim Lynch Councillor Liz McCabe Councillor Yvonne McNeilly Councillor Ross Moreland Councillor Gary Mulvaney Councillor Douglas Philand Attending: Pippa Milne, Chief Executive Douglas Hendry, Executive Director Kirsty Flanagan, Executive Director Shona Barton, Committee Manager Anne Blue, Interim Head of Financial Services Jane Fowler, Head of Customer Support Services Seona Laird, HR Service Centre Team Leader Fergus Murray, Head of Development and Economic Growth Ross McLaughlin, Head of Commercial Services Prior to the commencement of Business the Chair expressed his sadness at the sudden passing of Councillor John McAlpine and made the following tribute to him – Today is the first formal committee meeting since we heard of the sudden and tragic passing of our colleague and indeed our friend, John McAlpine. Our thoughts are first and foremost with his wife Karen and son Sam, and his wider family and many friends who are mourning such a sad loss. John would have been sitting with us today as a member of this committee. Instead we find ourselves paying tribute to him, remembering him, and regretting a life cut short far too soon. We will remember John as one of the local members for Kintyre and the Islands, and for his passion for his home of Tarbert, as a fine sportsman, as a lively character with a ready smile and a twinkle in his eye. An Argyll man through and through. We will miss him very much. Let us pause for a moment to remember John. 1. APOLOGIES FOR ABSENCE Apologies for absence were received from Councillor Audrey Forrest. 2. DECLARATIONS OF INTEREST Councillor Reeni Kennedy-Boyle advised that she had a relevant connection in relation to item 8 of the Agenda (UK Shared Prosperity Fund – Argyll and Bute Investment Plan) by Page 17 Agenda Item 4a
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virtue of her position as General Manager of Fyne Futures. She advised that she would leave the meeting during consideration of this item of business. 3. MINUTES The Minutes of the meeting of the Policy and Resources Committee held on 16 June 2022 were approved as a correct record. 4. FINANCIAL REPORTS MONITORING PACK - 30 JUNE 2022 The Committee gave consideration to a report providing a summary of the financial monitoring reports as at the end of June 2022. There were five detailed reports, setting out the position as at 30 June 2022. Decision The Policy and Resources Committee – 1. Noted the revenue budget monitoring report as at 30 June 2022; 2. Noted the financial risks for 2022-23; 3. Noted the capital plan monitoring report as at 30 June 2022 and approved the proposed changes to the capital plan as outlined in Appendix 4 of that report; 4. Noted the treasury monitoring report as at 30 June 2022; 5. Noted the reserves and balances report as at 30 June 2022; and 6. Noted there were no revenue virements over £0.200m between April and June 2022. (Reference: Report by Section 95 Officer dated 8 July 2022, submitted) 5. BUDGET OUTLOOK 2023-24 TO 2027-28 The Committee gave consideration to a report providing an update to the budget outlook 2023-24 to 2027-28 reported to the Policy and Resources Committee on 16 June 2022. Decision The Policy and Resources Committee noted the current estimated budget outlook position for the period 2023-24 to 2027-28. (Reference: Report by Section 95 Officer dated 20 July 2022, submitted) 6. SERVICE ANNUAL PERFORMANCE REVIEWS 21/22 The Committee gave consideration to a report presenting the Service Annual Performance Review and Scorecard 2021/22 for Financial Services; Community Planning and Development; Legal and Regulatory Support; Commercial Services; and Customer Support Services. Decision Page 18
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The Policy and Resources Committee approved the Service Annual Performance Reviews and Scorecards 2021/22 as presented for publication on the Council’s website. (Reference: Report by Executive Director with responsibility for Customer Support Services dated 13 July 2022, submitted) 7. AMENDMENT TO PENSIONS DISCRETIONS POLICY - SHARED COST AVCS The Committee gave consideration to a report proposing the inclusion of a new discretion in the Council’s Local Government Pension Scheme (LGPS) Discretionary Pension Policy Statement to permit Local Government Pension Scheme members to participate in a Shared Cost Additional Voluntary Contributions (AVC) Scheme. Decision The Policy and Resources Committee approved the amendment to the Council’s Pensions Discretion Policy to allow employees to access this financial benefit if they so choose. (Reference: Report by Executive Director with responsibility for Customer Support Services dated 19 July 2022, submitted) Councillor Reeni Kennedy Boyle, having declared an interest in the following item of business, left the meeting and took no part in the consideration of this item. 8. UK SHARED PROSPERITY FUND - ARGYLL AND BUTE INVESTMENT PLAN The Committee gave consideration to a report which sought approval of the Argyll and Bute UK Shared Prosperity Fund (UKSPF) Investment Plan to deliver the Council’s allocation of just under £4.5M to be delivered over 3 years. Decision The Policy and Resources Committee – 1. Agreed the Argyll and Bute UK Shared Prosperity Fund (UKSPF) Investment Plan appended to the submitted report at Appendix A for submission to the UK Government, subject to addressing amendments/ comments from committee members; and 2. Agreed that regular updates be provided to the Policy and Resources Committee on the progress of the delivery of the Argyll and Bute UKSPF Investment Plan aligned to the predefined outputs and outcomes. (Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 11 August 2022, submitted) Councillor Reeni Kennedy Boyle re-joined the meeting. 9. PLACE BASED INVESTMENT AND CROWN ESTATE FUND 2022/23 – REMAINING FUNDING ALLOCATIONS AND POSSIBLE PROJECTS The Committee gave consideration to a report which detailed the process for allocation of the remaining Place Based Investment Funding for 2022/23 of £322,486, taking into Page 19
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account the Place Based Investment Criteria as set out by the Scottish Government and the associated timeline for spend. The report also sought consideration of the unallocated Crown Estate funding for 2022/23. Decision The Policy and Resources Committee agreed – 1. That the Executive Director with responsibility for Development and Economic Growth seeks suggestions for potential projects that would fit with the funds criteria and timeline from all Elected Members; 2. That delegated authority be given to the Executive Director with responsibility for Development and Economic Growth, in consultation with the Leader and Depute Leader of the Council, and Leader of the largest Opposition Group; to agree expenditure on the projects that fit best for the 2022/23 allocation, following receipt of any suggestions; and 3. That arrangements are put in place which would facilitate Area Committees and / or Area Community Planning Groups being involved in the discussions around the 2023/24 allocation of Place Based Investment funding prior to it coming before Members for decision. (Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 21 July 2022, submitted) 10. CLIMATE CHANGE UPDATE (a) Council Carbon Emissions & Climate Investment 2022 The Committee gave consideration to a report highlighting the Council’s overall annual carbon emissions for the most recent period 2020/21 and outlining that changes to the process would be forthcoming in future months due to change in The Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Amendment Order 2020. The report also invited the Policy Lead with the responsibility for Climate Change to be a member of the Climate Change Board to ensure a seamless link with regards to strategic leadership and operational delivery. Decision The Policy and Resources Committee – 1. Noted the publication of the Council’s 2020/21 carbon emissions report and its continued positive trend highlighting that carbon dioxide equivalent emissions have reduced by 33% in past 6 years; 2. Noted the climate change projects that would be developed in 2022 onwards that are aligned to the additional £500,000 commitment that was allocated at the February 2022 Council Budget; and 3. Agreed to the inclusion of the Policy Lead with responsibility for Climate Change as a member of the Climate Change Board. Page 20
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(Reference: Report by Executive Director with responsibility for Commercial Services dated 14 July 2022, submitted) (b) Decarbonisation Plan - Action Tracker & Case Studies The Committee gave consideration to a report presenting the updated De- carbonisation Plan Action Tracker and supplementary case studies providing additional information on positive climate change work the Council was undertaking. Decision The Policy and Resources Committee noted – 1. The progress of specific actions from the Decarbonisation Action Plan; and 2. The supplementary case studies that provide information on positive climate change projects being undertaken by different departments of the Council. (Reference: Report by Executive Director with responsibility for Commercial Services dated 11 August 2022, submitted) 11. COMMUNITY EMPOWERMENT (SCOTLAND) ACT 2015 - UPDATE - EXPRESSIONS OF INTEREST / ASSET TRANSFER REQUESTS / REPORTING REQUIREMENTS A report advising on the operation of the processes in regard to formal Asset Transfer Requests (ATR) and Participation Requests in terms of the Community Empowerment (Scotland) Act 2015; current live informal Expressions of Interest (EOI’s) which may become subject to a formal asset transfer request or be dealt with outwith the formal asset transfer request process; current live ongoing or agreed Participation Requests received by the Council; and the annual reporting requirements in respect of Asset Transfer Requests and Participation Requests set out in Section 95 and 32 of the Community Empowerment (Scotland) Act 2015 respectively; was before the Committee for noting. Decision The Policy and Resources Committee noted the content of the submitted report and agreed that this would be listed as a substantive item at the next meeting of the Committee for discussion by all Members. (Reference: Report by Executive Director with responsibility for Commercial Services dated 27 June 2022, submitted) 12. POLICY AND RESOURCES WORKPLAN The Policy and Resources Committee Workplan was before the Committee for noting. Decision The Policy and Resources Committee noted the content of the submitted workplan. Page 21
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(Reference: Policy and Resources Committee Workplan dated 11 August 2022, submitted) Page 22
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MINUTES of MEETING of POLICY AND RESOURCES COMMITTEE held in the ON A HYBRID BASIS BY ATTENDANCE IN THE COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD OR REMOTELY BY MICROSOFT TEAMS on THURSDAY, 11 AUGUST 2022 Present: Councillor Robin Currie (Chair) Councillor Gordon Blair Councillor Kieron Green Councillor Fiona Howard Councillor Andrew Kain Councillor Reeni Kennedy-Boyle Councillor Jim Lynch Councillor Liz McCabe Councillor Yvonne McNeilly Councillor Ross Moreland Councillor Gary Mulvaney Councillor Douglas Philand Attending: Pippa Milne, Chief Executive Douglas Hendry, Executive Director Kirsty Flanagan, Executive Director Shona Barton, Committee Manager 1. APOLOGIES FOR ABSENCE Apologies for absence were received from Councillor Audrey Forrest. 2. DECLARATIONS OF INTEREST There were no declarations of interest intimated. 3. FINAL PROPOSED AMENDED SCHEME FOR THE ESTABLISHMENT OF COMMUNITY COUNCILS IN ARGYLL AND BUTE - 2022/26 The Committee gave consideration to a report providing feedback following a recent 8 week public consultation to amend the current Scheme for the Establishment of Community Council’s in Argyll and Bute (“the Scheme”) and inviting the Committee to approve the Scheme attached at Appendix 4 to the report, as amended over the course of the two stage public consultation in line with Appendices 1, 2 and 3 to the submitted report. Decision The Policy and Resources Committee agreed to – 1. Approve the final proposed amended Scheme for the Establishment of Community Councils in Argyll and Bute for the term 2022/26; the amended Best Practice Guidance 2022/26; the boundaries for the community councils for term 2022/26; and the administration grant levels for 2022/26 (as set out in Appendices 4-7); 2. Instruct officers to give the requisite 4 week period of notice of the newly amended Scheme; 3. Delegate consideration of any feedback received during the 4 week period to the Executive Director with responsibility for Legal and Regulatory Support, in consultation with the Depute Policy Lead - Community Planning and Corporate Services; and Page 23 Agenda Item 4b
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1. Note that subject to there being no material changes proposed from the feedback received, the newly amended Scheme would come into effect as of 20 October 2022 to coincide with community council elections taking place on that date. (Reference: Report by Executive Director with responsibility for Community Council Governance dated 18 July 2022, submitted) Page 24
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MINUTES of MEETING of COMMUNITY SERVICES COMMITTEE held on a HYBRID BASIS BY ATTENDANCE IN THE COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD OR REMOTELY BY MICROSOFT TEAMS on THURSDAY, 25 AUGUST 2022 Present: Councillor Yvonne McNeilly (Chair) Councillor Gordon Blair Councillor Math Campbell- Sturgess Councillor Garret Corner Councillor Daniel Hampsey Councillor Graham Hardie Councillor Andrew Kain Councillor Paul Donald Kennedy Councillor Liz McCabe Councillor Dougie McFadzean Councillor Iain Paterson Councillor Gemma Penfold Councillor Dougie Philand Margaret Anderson, Church Rep Reverend Sandy MacPherson, Church Rep Alison Palmer, Teacher Rep Lorna Stewart, Teacher Rep Also Present: Councillor John Armour Councillor Jan Brown Councillor Robin Currie Councillor Kieron Green Councillor Amanda Hampsey Councillor Fiona Howard Councillor Luna Martin Councillor Ian MacQuire Attending: Douglas Hendry, Executive Director Jennifer Crocket, Head of Education: Lifelong Learning & Support Wendy Brownlie, Head of Education: Learning & Teaching Ross McLaughlin, Head of Commercial Services Jane Fowler, Head of Customer Support Services Stuart Mclean, Committee Manager Louise Connor, Education Manager Graeme McMillan, Transformation Programme Manager Tony Blow, Stand Agency Maggie Croft, Stand Agency Superintendent Derek Lang, Police Scotland Chief Inspector Simon Shanks, Police Scotland Inspector Bart Simonis, Police Scotland Group Commander Fraser Grant, Scottish Fire and Rescue Service Fiona Davies, Chief Officer, Argyll & Bute HSCP Stephen Whiston, Head of Strategic Planning, Performance & Technology, Argyll & Bute HSCP Kevin Anderson, General Manager, Live Argyll The Chair intimated that Councillor Kieron Green, who was not a member of the Community Services Committee, had notified the Executive Director that he wished, in terms of Standing Order 22.1, to speak but not vote on items 9 and 10 of the Agenda. The Chair confirmed that she would exercise her discretion to allow Councillor Green to speak but not vote on items 9 and 10 of this Minute. The Chair intimated that Councillor Jan Brown, who was not a member of the Community Services Committee, had notified the Executive Director that she wished, in terms of Standing Order 22.1, to speak and vote on item 5 of the Agenda. The Chair confirmed that she would exercise her discretion to allow Councillor Brown to speak but not vote on item 5 of this Minute. Page 25 Agenda Item 4c
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The Chair intimated that Councillor John Armour, who was not a member of the Community Services Committee, had notified the Executive Director that he wished, in terms of Standing Order 22.1, to speak but not vote on items 5 and 11 of the Agenda. The Chair confirmed that she would exercise her discretion to allow Councillor Armour to speak on items 5 and 11 of this Minute. The Chair intimated that Councillor Luna Martin, who was not a member of the Community Services Committee, had notified the Executive Director that she wished, in terms of Standing Order 22.1, to speak and vote on item 9 of the Agenda. The Chair confirmed that she would exercise her discretion to allow Councillor Martin to speak but not vote on item 9 of this Minute. The Chair intimated that Councillor Julie McKenzie, who was a member of the Community Services Committee but could not be in attendance today, had submitted a letter in respect of item 9 of the Agenda. It was noted that a copy of this letter had been circulated to the Committee in advance of the meeting. 1. APOLOGIES FOR ABSENCE Apologies for absence were received from Councillors Audrey Forrest and Julie McKenzie. 2. DECLARATIONS OF INTEREST There were no declarations of interest. 3. MINUTE The Minute of the Community Services Committee held on 10 March 2022 was approved as a correct record. 4. THE ELECTION OF TEACHER REPRESENTATIVES TO THE COMMUNITY SERVICES COMMITTEE A report advising the Committee on the appointment of two non-voting teaching representatives to sit on the Community Services Committee to represent the teacher workforce, was considered. Decision The Committee noted the content of the report and endorsed the appointments of Alison Palmer and Lorna Stewart as the representatives nominated as non-voting members of the Community Services Committee. (Reference: Report by Executive Director with responsibility for Education dated 25 August 2022, submitted) 5. EDUCATION CHANGE PROGRAMME - SCHOOL LEADERSHIP STRUCTURES A report detailing the programme of engagement which Officers undertook with our communities, our staff, their representative bodies and the wider group of stakeholders in relation to the school leadership model proposals was considered. Page 26
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The report set out the findings and outcomes of that consultation process and made a number of recommendations in relation to the next steps for this element of the overall process. The Committee also heard from Tony Blow from the Stand Agency who gave a presentation on the analysis and findings of the engagement and consultation exercise carried out with education professionals, pupils, community bodies, and the general public on the school leadership model proposals. Motion To agree the recommendations detailed in the report by the Executive Director with responsibility for Education. Moved by Councillor Yvonne McNeilly, seconded by Councillor Daniel Hampsey. Amendment 1. In terms of the School Leadership consultation, the Community Services Committee are invited to: a) note the outcomes and analysis of the extensive engagement and consultation process, involving our communities, our staff and their representative bodies, our school pupils, and the wider group of stakeholders; b) agree that the consultation exercise provided valuable feedback from teachers, pupils and communities and identified areas where improved communication with partners would be beneficial on an area by area committee basis. Local area forums involving members and parent teacher organisations in that area should be established; c) recognise the commitment of the Education Service in striving to deliver the best possible outcomes for the children and young people of Argyll and Bute, in line with Members’ ambitions; d) agree that the proposals as consulted on are not progressed; e) note the continued use of shared headships as a useful operational tool to address recruitment challenges only in those areas where there is consensus from staff and parent teacher councils; f) agree that the Education Service, working with Head Teachers and Chairs of Parent Councils, continue to work across all aspects of the Service to deliver improvement, to address the implications of national reform, to address the key issues raised in the consultation and other local and national challenges the Service is encountering, and will continue to encounter (such as those detailed in Sections 5 and 9.3 of this report and in Section 8 and Appendix 1 of this report). 2. In terms of the wider attainment gap and variations between schools, the Community Services Committee are invited to: a) Note the Audit Scotland findings that: Page 27
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The poverty-related attainment gap remains wide and inequalities have been exacerbated by Covid-19. Progress on closing the gap has been limited and falls short of the Scottish Government’s aims, and There is wide variation in education performance across councils, with evidence of worsening performance on some indicators in some councils, and b) agree that the Education Service continues to address the variation in performance within Argyll and Bute schools and work with Head Teachers at a local, and with partners at regional level, to improve outcomes for children and young people. Updates on progress would be reported to Committee within the current performance reports; c) agree that, as a result of the outcome of this exercise the process undertaken should be reviewed by our Audit and Scrutiny Committee to confirm best value in senior staff time and consultancies; and d) agree that Officers should initiate an amended but deliverable programme to meet the educational challenges ahead with improved structures in place allowing open and constructive dialogue between all partners. Moved by Councillor Gordon Blair, seconded by Councillor Dougie Philand. A vote was taken by calling the roll. Motion Amendment Councillor Garret Corner Councillor Gordon Blair Councillor Daniel Hampsey Councillor Math Campbell-Sturgess Councillor Graham Hardie Councillor Dougie McFadzean Councillor Andrew Kain Councillor Iain Shonny Paterson Councillor Paul Kennedy Councillor Dougie Philand Councillor Liz McCabe Margaret Anderson Councillor Yvonne McNeilly Councillor Gemma Penfold Reverend Sandy MacPherson The Motion was carried by 9 votes to 6 and the Committee resolved accordingly. Decision 1. In terms of the School Leadership consultation, the Community Services Committee: a) noted the outcomes and analysis of the extensive engagement and consultation process, involving our communities, our staff and their representative bodies, our school pupils, and the wider group of stakeholders; b) agreed that the consultation exercise provided valuable feedback from teachers, pupils and communities; Page 28
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c) recognised the commitment of the Education Service in striving to deliver the best possible outcomes for the children and young people of Argyll and Bute, in line with Members’ ambitions; d) agreed that the proposals as consulted on are not progressed; e) noted the continued use of shared headships as a useful operational tool to address recruitment challenges; and f) agreed that the Education Service, working with Head Teachers, continue to work across all aspects of the Service to deliver improvement, to address the implications of national reform, to address the key issues raised in the consultation and other local and national challenges the Service is encountering, and would continue to encounter (such as those detailed in Sections 5 and 9.3 of the report and in Section 8 and Appendix 1 of the report). 2. In terms of the wider attainment gap and variations between schools, the Community Services Committee: a) Noted the Audit Scotland findings that: The poverty-related attainment gap remains wide and inequalities had been exacerbated by Covid-19. Progress on closing the gap has been limited and falls short of the Scottish Government’s aims, and There was wide variation in education performance across councils, with evidence of worsening performance on some indicators in some councils; and b) agreed that the Education Service should continue to address the variation in performance within Argyll and Bute schools and work with Head Teachers at a local, and with partners at regional level, to improve outcomes for children and young people. Updates on progress would be reported to Committee within the current performance reports. (Reference: Report by Executive Director with responsibility for Education dated 12 August 2022, submitted) The Chair ruled, and the Committee agreed to adjourn the meeting at 1.10 pm for lunch. The Committee reconvened at 1.45 pm. 6. ARGYLL AND BUTE - EDUCATION STRATEGIC PLAN 2022-24 AND RECOVERY, RENEWAL AND PROGRESS REPORT 2021-22 A report providing an update on the progress made by the Education Service in achieving the priorities included in the Argyll and Bute Annual Education Plan for 2021-22 presented to the Community Services Committee in August 2021, and outlining priority actions for 2022-24 was considered. Decision The Committee: Page 29
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1. noted the progress made with respect to priority actions within the 2021-22 Argyll and Bute Annual Education Plan; 2. approved the Education Strategic Plan 2022-2024 and Recovery, Renewal and Progress Report 2021-22 (Appendix 1); 3. approved the publishing of the Education Strategic Plan 2022-2024 and Recovery, Renewal and Progress Report 2021-22; and 4. approved the submission of the Education Strategic Plan 2022-2024 and Recovery, Renewal and Progress Report 2021-22 to Scottish Government. (Reference: Report by Executive Director with responsibility for Education dated 1 July 2022 and Education Strategic Plan 2022-2024 and Recovery, Renewal and Progress Report 2021-22, submitted) 7. SCHOOLS (CONSULTATION) (SCOTLAND) ACT 2010 - SKIPNESS PRIMARY SCHOOL A report providing details of the outcome and findings of the statutory consultation exercise undertaken in respect of the formal proposal to close Skipness Primary School as detailed in the published Consultation Report (Appendix A); and in accordance with the Schools (Consultation) (Scotland) Act 2010, as amended, was considered. Decision The Committee: 1. noted the contents of the Consultation Report (Appendix A); and 2. approved the implementation of the following proposals – a) Education provision at Skipness School be permanently discontinued with effect from 1 December 2022, b) the pupils of Skipness Primary School’s catchment area continue to receive their education at Tarbert Primary School on a permanent basis with effect from 1 December 2022, and c) the delineated catchment area of Tarbert Primary School be permanently extended to subsume the whole delineated catchment area of Skipness Primary school from 1 December 2022. (Reference: Report by Executive Director with responsibility for Education dated 14 July 2022, and Consultation Report – Skipness Primary School dated August 2022, submitted) 8. SCHOOLS (CONSULTATION) (SCOTLAND) ACT 2010 - MINARD PRIMARY SCHOOL A report providing details of the Option Appraisal for Minard Primary School, carried out in accordance with the preliminary requirements set out in Section 12A of the Schools (Consultation) (Scotland) Act 2010, as amended, was considered. Page 30
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Decision The Committee: 1. noted the outcome of this consideration of the preliminary requirements; and 2. agreed that Officers now formulate a draft closure proposal that would come back to the June 2023 meeting of the Committee for approval by Members which would subsequently trigger the formal consultation process under the Schools (Consultation) (Scotland) Act 2010. (Reference: Report by Executive Director with responsibility for Education dated 30 June 2022 and Options Appraisal – Minard Primary School, submitted) 9. SCHOOLS (CONSULTATION) (SCOTLAND) ACT 2010 - LUING PRIMARY SCHOOL A report providing details of the Options Appraisal for Luing Primary School, carried out in accordance with the preliminary requirements set out in Section 12A of the Schools (Consultation) (Scotland) Act 2010, as amended, was considered. Motion To agree the recommendations in the report by the Executive Director with responsibility for Education. Moved by Councillor Yvonne McNeilly, seconded by Councillor Daniel Hampsey. Amendment To agree Option B as outlined within page 461 of the full meeting pack while ensuring compliance with the necessary statutory obligations. Moved by Councillor Gordon Blair, seconded by Councillor Dougie McFadzean. A vote was taken by calling the roll. Motion Amendment Councillor Garret Corner Councillor Gordon Blair Councillor Daniel Hampsey Councillor Math Campbell-Sturgess Councillor Graham Hardie Councillor Dougie McFadzean Councillor Andrew Kain Councillor Iain Shonny Paterson Councillor Paul Kennedy Councillor Dougie Philand Councillor Liz McCabe Reverend Sandy MacPherson Councillor Yvonne McNeilly Councillor Gemma Penfold Margaret Anderson The Motion was carried by 9 votes to 6 and the Committee resolved accordingly. Page 31
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Decision The Committee: 1. noted the outcome of this consideration of the preliminary requirements; and 2. agreed that Officers now formulate a draft proposal that would come back to the June 2023 meeting of the Committee for approval by Members which would subsequently trigger the formal consultation process under the Schools (Consultation) (Scotland) Act 2010. (Reference: Report by Executive Director with responsibility for Education dated 30 June 2022 and Options Appraisal – Luing Primary School, submitted) 10. SCHOOLS (CONSULTATION) (SCOTLAND) ACT 2010 - ACHALEVEN PRIMARY SCHOOL A report providing an update on the current situation of Achaleven Primary School, and inviting the Committee to agree the recommendations therein, was considered. Decision The Committee: 1. agreed that Achaleven Primary School should continue to be mothballed on a temporary basis and the school premises be retained on a care and maintenance basis; 2. agreed that Officers should start the pre-consultation process and produce an Options Appraisal paper for the March 2023 Committee meeting for a decision in relation to the future of Achaleven Primary School; and 3. noted that there had been no requests to use the building since 2021, however if any did come forward they would be considered in light of the current condition of the building, and any recommissioning works required. (Reference: Report by Executive Director with responsibility for Education dated 25 August 2022, submitted) 11. SCHOOLS (CONSULTATION) (SCOTLAND) ACT 2010 - SOUTHEND PRIMARY SCHOOL A report providing an update on the current situation of Southend Primary School, and inviting the Committee to agree to the recommendations therein, was considered. Decision The Committee: 1. agreed that Southend Primary School should continue to be mothballed on a temporary basis and that the building be retained on a care and maintenance basis; Page 32
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2. agreed that Officers should start the pre-consultation process and produce an Options Appraisal paper for the March 2023 Committee meeting for a decision in relation to the future of Southend Primary School; and 3. noted that there had been no requests to use the building since 2021, however if any did come forward they would be considered in the light of the current condition of the building, and any recommissioning works required. (Reference: Report by Executive Director with responsibility for Education dated 27 June 2022, submitted) 12. SCHOOL HOLIDAY DATES - 2023-2026 A consultation on School Holiday Dates was carried out during May 2022 with an aim to set the in-service days for teachers and the holiday dates for pupils across the authority for 2023-2026. The consultation included parents/carers, pupils and staff. The proposed dates, contained within Appendix 1 of this report, were before the Committee for consideration. Decision The Committee agreed the school holiday dates for 2023-2026 contained within Appendix 1 of the report. (Reference: Report by Executive Director with responsibility for Education dated 25 August 2022 and School Holiday Dates 2023-2024 to 2025-2026, submitted) 13. SQA SCHOOL EXAMINATION RESULTS 2022 A report providing an update on the initial outcome of the Scottish Qualifications Authority (SQA) 2022 examination diet for young people in Argyll and Bute was considered. Decision The Committee: 1. noted the outcome of the initial SQA examination results for pupils in academic year 2021/22, and that the performance of Argyll and Bute Schools in 2022 was above the current national performance in SQA examinations in three of the four measures (National 4, Higher and Advanced Higher); and 2. requested that the Executive Director provide further reports to the Committee to allow the consideration of updated statistical school and national information, scheduled to be released by Insight (school data analysis tool) in September 2022 and February 2023. (Reference: Report by Executive Director with responsibility for Education dated 10 August 2022, submitted) Page 33
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14. KEY PERFORMANCE INDICATORS FQ4 2021/22 - EDUCATION SERVICE A paper presenting the Committee with the FQ4 2021/22 Key Performance Indicators (KPIs) for the Education Service was considered. Decision The Committee reviewed and scrutinised the FQ4 2021/22 KPI Report as presented. (Reference: Report by Executive Director with responsibility for Education dated 25 April 2022, submitted) The Chair ruled, and the Committee agreed to vary the order of business and take Agenda items 16, 17, 18 and 19 next. 15. ARGYLL & BUTE LOCAL POLICING PLAN (2020-2023) - QUARTERLY REPORTS (QTR4 - 2021/22 & QTR1 - 2022/23) Superintendent Derek Lang presented the Quarter 4 – 2021/22 and Quarter 1 – 2022/23 updates in relation to the Argyll and Bute Local Policing Plan 2020 – 2023 and responded to a number of questions asked. Decision The Committee reviewed and noted the contents of the reports. (Reference: Reports for Quarter 4 2021/22 and Quarter 1 2022/23 by Divisional Commander for Argyll and West Dunbartonshire Division, Police Scotland, submitted) Councillor Gemma Penfold and Margaret Anderson, Church Representative, left the meeting during consideration of the foregoing item. 16. SCOTTISH FIRE AND RESCUE SERVICE - ARGYLL & BUTE PERFORMANCE REPORTS Q4 1 JANUARY - 31 MARCH 2022 & Q1 1 APRIL - 30 JUNE 2022 Group Commander Fraser Grant presented reports highlighting Scottish Fire and Rescue Service’s review of local performance within Argyll and Bute for Q4 2021-2022 and Q1 2022-2023, and responded to a number of questions asked. Decision The Committee reviewed and noted the contents of the reports and passed on their congratulations to Volunteer Fire Fighter John Fraser of Coll, who had been awarded the Queens Fire Service Medal earlier this year, and also to on call Fire Fighter Lorraine Taylor who marked 32 years in the fire service at Tarbert. (Reference: Q4 2021-2022 and Q1 2022-2023 Reports by Local Senior Officer, Scottish Fire and Rescue Service, submitted) 17. ARGYLL & BUTE HSCP - PERFORMANCE REPORT MAY 2022 Consideration was given to a report which provided an update on the impact of service performance with regards to the Covid-19 Pandemic and the progress made with regard Page 34
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to remobilising health and social care services in Argyll and Bute up to 31 March 2022, which was presented to the Integration Joint Board (IJB) in May 2022. Decision The Committee considered and noted the IJB Health and Social Care Partnership report presented to the IJB in May 2022. (Reference: Report by Head of Strategic Planning, Performance & Technology, Argyll & Bute HSCP dated May 2022, submitted) 18. LIVE ARGYLL (a) Monitoring and Performance Reporting - Update Report A report providing the Committee with an update on the performance and monitoring arrangements between Live Argyll and the Council as set out in the various agreements between the Council and the Trust was considered. Decision The Committee noted and considered the contents of the report. (Reference: Report by Executive Director with responsibility for Commercial Services dated 9 August 2022, submitted) (b) Live Argyll Annual Report 2021/22 Consideration was given to Live Argyll’s Annual Report for 2021/22. Decision The Committee reviewed and noted the contents of the report and passed on their congratulations to Eleanor McKay who had been awarded a Members of the Order of the British Empire (MBE) during lockdown for services to local studies. (Reference: Live Argyll Annual Report 2021/2022, submitted). 19. SERVICE ANNUAL PERFORMANCE REVIEWS 2021/22 - EDUCATION SERVICE The Council’s Performance and Improvement Framework (PIF) sets out the presentation process for regular performance reporting. A paper presenting the Community Services Committee with the Service Annual Performance Review and Scorecard 2021/22 for the Education Service was considered. Decision The Committee reviewed and approved the Service Annual Performance Review (Service APR) and Scorecard 2021/22 as presented prior to publishing on the Council website. Page 35
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(Reference: Report by Executive Director with responsibility for Customer Support Services dated 13 July 2022, submitted) 20. COUNSELLING IN SCHOOLS A paper presenting an update on the delivery and impact of the first 18 months of the Counselling in Schools service was before the Committee for information. Decision The Committee noted the contents of the report. (Reference: Report by Executive Director with responsibility for Education dated 18 July, 2022, submitted) 21. CARE EXPERIENCED CHILDREN AND YOUNG PEOPLE A report providing an update on information about interventions being taken within Education Services to ensure that Care Experienced Children and Young People achieve the best possible educational outcomes, as agreed at the Community Services Committee on 10 June 2021, was before the Committee for information. The report also detailed the expenditure against the grant allocated by Scottish Government to Argyll and Bute Council for session 2021/22 from the Scottish Attainment Challenge Care Experienced Children and Young People Fund. Decision The Committee noted the contents of the report. (Reference: Report by Executive Director with responsibility for Education dated 25 August 2022, submitted) 22. SCOTTISH ATTAINMENT CHALLENGE A paper providing an update on the refreshed Scottish Attainment Challenge which is supported by funding through the Attainment Scotland Fund, the aims of which are to address the challenges of the poverty related attainment gap, was before the Committee for information. The paper also included an overview of the 2022-23 Scottish Government Pupil Equity Funding (PEF) allocations for Argyll and Bute schools eligible to receive PEF funding (Appendix 1), the draft authority ‘core’ stretch aims (Appendix 2), and an overview of the planned Strategic Equity Fund (SEF) spend. Decision The Committee noted the contents of the report. (Reference: Report by Executive Director with responsibility for Education dated 30 June 2022, submitted) Page 36
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23. OUR CHILDREN, THEIR NURTURING EDUCATION A report advising on the authority wide Our children, their nurturing education strategy that brings together nurture, adverse childhood experiences and trauma-informed practice, was before the Committee for information. Decision The Committee noted the contents of the report. (Reference: Report by Executive Director with responsibility for Education dated 18 July 2022, submitted) 24. EXTERNAL EDUCATION ESTABLISHMENT INSPECTION REPORT A report providing details of all external establishment inspection reports received across Argyll and Bute Education Service during the period January to June 2022 was before the Committee for information. Decision The Committee noted the contents of the report. (Reference: Report by Executive Director with responsibility for Education dated July 2022, submitted) 25. PERIOD PRODUCTS: LAUNCH EVENT PLAN The Period Products (Free Provision) (Scotland) Act 2021 becomes law in August 2022, and all local authorities must have a robust service in place by this time. A paper outlining how the Council is launching this service into a recognisable and accessible scheme for all who need to use the service was before the Committee for information. Decision The Committee noted the contents of the report. (Reference: Report by Executive Director with responsibility for Commercial Services dated 1 August 2022, submitted) 26. GAELIC LANGUAGE PLAN PROGRESS REPORT A report providing an update on progress in delivering the actions in the approved Argyll and Bute Council Gaelic Language Plan was before the Committee for information. Decision The Committee noted the contents of the report. (Reference: Report by Executive Director with responsibility for Customer Support Services dated 25 August 2022, submitted Page 37
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27. COMMUNITY SERVICES COMMITTEE WORK PLAN 2022/2023 The Community Services Committee work plan for 2022/2023 was before the Committee for information. Decision The Committee noted the contents of the work plan. (Reference: Community Services Committee Work Plan 2022/2023, submitted) 28. LEARNING ESTATE INVESTMENT PROGRAMME (LEIP) UPDATE - POTENTIAL BID FOR NEW MULL CAMPUS The Learning Estate Investment Programme (LEIP) is the Scottish Government’s flagship programme for investment in education and is now into Phase 3. It is the successor to the ‘Schools for the Future’ programme which the Council has delivered new builds or substantial refurbishments across the education estate at Oban, Kirn, Dunoon, Campbeltown, Lochgilphead etc. A report providing an update on a potential bid to the fund for a new Mull Campus was considered. Decision The Committee noted and considered: 1. the Scottish Government had recently confirmed the timescales for the next round of Learning Estate Investment Programme (LEIP) ie inviting submissions by 31 October; 2. that an Outline Business Case was being prepared for a potential submission to the LEIP process for a new Campus on mull in line with the adopted Learning Estate Strategy; 3. that pre-engagement activity had been ongoing with Mull community about the potential LEIP bid over recent weeks and there had been a number of workshops and meetings in August 2022. Further statutory consultation would take place if a bid was made and successfully progressed to the next stage; 4. the financial position and affordability of a LEIP bid as set out in attached Appendix B. The appendix is publically exempt due to the commercially sensitive nature of financial forecast information contained; and 5. that a paper outlining the Council’s approach to LEIP, including feedback from the pre- engagement with the community, would be presented to Council on 29 September. If a bid was progressed a submission would be required by 31 October 2022. (Reference: Report by Executive Director with responsibility for Commercial Services and Education dated 25 August 2022, submitted) Page 38
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MINUTES of MEETING of ENVIRONMENT, DEVELOPMENT AND INFRASTRUCTURE COMMITTEE held ON A HYBRID BASIS BY MICROSOFT TEAMS AND IN THE COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on THURSDAY, 1 SEPTEMBER 2022 Present: Councillor Robin Currie (Chair) Councillor John Armour Councillor Jan Brown Councillor Garret Corner Councillor Andrew Kain Councillor Donald Kelly Councillor Jim Lynch Councillor Ian MacQuire Councillor Luna Martin Councillor Ross Moreland Councillor William Sinclair Councillor Andrew Vennard Councillor Peter Wallace Attending: Kirsty Flanagan, Executive Director Jim Smith, Head of Roads and Infrastructure Services Fergus Murray, Head of Development and Economic Growth Stuart McLean, Committee Manager 1. APOLOGIES FOR ABSENCE Apologies for absence were received from Councillors Mark Irvine and Tommy MacPherson. 2. DECLARATIONS OF INTEREST There were no declarations of interest. 3. MINUTES The Minutes of the meeting of the Environment, Development and Infrastructure Committee held on 2 June 2022 were approved as a correct record. 4. SERVICE ANNUAL PERFORMANCE REVIEWS 2021/22: DEVELOPMENT AND ECONOMIC GROWTH SERVICES & ROADS AND INFRASTRUCTURE SERVICES The Committee gave consideration to a report presenting the Service Annual Performance Reviews and Scorecard 2021/22 for the Development and Economic Growth, and Roads and Infrastructure Services. Decision The Environment, Development and Infrastructure Committee approved the Service Annual Performance Reviews (Service APRs) and Scorecards 2021/22 as presented prior to publishing on the Council Website. (Reference: Report by Executive Director with responsibility for Customer Support Services dated 13 July 2022, submitted) Page 39 Agenda Item 4d
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5. WINTER SERVICE POLICY 2022-23 The Committee gave consideration to a report presenting the Council’s Winter Service Policy for approval. The policy for 2022/23 remained similar to that of the policy for 2021/22. Decision The Environment, Development and Infrastructure Committee – 1. approved the 2022/23 Winter Maintenance Policy Document at Appendix 1 to the submitted report; 2. approved the Salt Use Reduction and Preservation of Stock Protocol at Appendix 2 to the submitted report; 3. noted the Advisory signing, routes unsuitable in severe conditions at Appendix 3 to the submitted report; 4. noted the Frontline Treatment Vehicle Fleet at Appendix 4 to the submitted report; 5. noted the Salt Stocks monitoring and resilience record at Appendix 5 to the submitted report; and 6. noted the weather summary from 2021/22 at Appendix 6 to the submitted report. (Reference: Report by Executive Director with responsibility for Roads and Infrastructure dated August 2022, submitted) 6. FOOTWAYS RECONSTRUCTION PROGRAMME 2022-23 The Committee gave consideration to a report providing a programme of Footway Reconstruction Schemes for 2022/23. The Council had awarded £500k at its Budget Meeting in February 2022 and the budget had been allocated by proportion of the footway inventory values in each geographical area, and was set out in each appendix to the report. Decision The Environment, Development and Infrastructure Committee – 1. endorsed the programme of capital works for 2022/23; and 2. agreed that details of each Area Committee programme would be forwarded on to the respective Ward Members. (Reference: Report by Executive Director with responsibility for Roads and Infrastructure dated August 2022, submitted) Page 40
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7. STREET LIGHTING CAPITAL IMPROVEMENTS/LED PROJECT AND REPLACEMENT COLUMNS PROGRAMME 2022-23 The Committee gave consideration to a report providing details of the proposed Street Lighting Reconstruction Programme for 2022/23. The programme was based on an allocation of £740,000, comprising of £440,000 of Capital allocation from this year and the previous financial year, and an additional £300,000, awarded through the budget process, to deal with defective columns and cabling. Decision The Environment, Development and Infrastructure Committee endorsed – 1. the Street Lighting Capital Improvements Programme for 2022/23; and 2. the LED and Replacement Column Programme for 2022/23. (Reference: Report by Executive Director with responsibility for Roads and Infrastructure dated August 2022, submitted) 8. TRANSFORMATIONAL PROJECTS & REGENERATION TEAM - LARGE SCALE PROJECT UPDATE REPORT The Committee gave consideration to a report providing an update on the progress of the large scale, externally funded, project work of the Transformational Projects and Regeneration Team, highlighting key issues that could impact on the successful delivery of the projects. Decision The Environment, Development and Infrastructure Committee noted the current progress contained within the submitted report. (Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 31 July 2022, submitted) 9. COMMUNITY EMPOWERMENT (SCOTLAND) ACT 2015 - ALLOTMENTS WAITING LIST REGISTER A report providing an update on the ongoing actions that were being undertaken in response to duties placed on the Council under Part 9 of the Community Empowerment (Scotland) Act 2015 was before the Committee for noting. Decision The Environment, Development and Infrastructure Committee noted the content of the submitted report. (Reference: Report by Executive Director with responsibility for Legal and Regulatory Support dated May 2022, submitted) Page 41
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10. ENVIRONMENT, DEVELOPMENT AND INFRASTRUCTURE COMMITTEE WORKPLAN The Environment, Development and Infrastructure Committee Workplan was before the Committee for noting. Decision The Environment, Development and Infrastructure Committee noted the content of the Workplan. (Reference: Environment, Development and Infrastructure Committee Workplan dated September 2022, submitted) The Committee resolved in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the press and public for the following item of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraph 6 of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973. 11. WASTE STRATEGY UPDATE The Committee gave consideration to a report providing an update on the work relating to the Waste PPP contract and on the options appraisal work streams being taken forward. Decision The Environment, Development and Infrastructure Committee noted – 1. the report and the approach being taken to determine the most appropriate option for the Council regarding waste disposal; 2. the good progress being made in relation to the options appraisal; and 3. that a further report detailing the full appraisal and proposed next steps will come forward to the December EDI committee, providing information on the preferred option and outlining any capital and revenue cost implications. (Reference: Report by Executive Director with responsibility for Roads and Infrastructure dated August 2022, submitted) Page 42
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ARGYLL AND BUTE COUNCIL COUNCIL 29th September 2022 LEADER’S REPORT 1. INTRODUCTION 1.1 The Leader of the Council and Policy Lead Councillors routinely provide a report outlining their strategic activities for consideration at each meeting of Argyll and Bute Council, except for the annual budget meeting in February. 1.2 This report provides an update on the activities of the council Leader, Cllr Robin Currie, for the period 18th June to 15th September 2022. 1.3 This report also includes an update in respect of the Leader’s Policy Lead portfolio of Economy and Rural Growth. 2. RECOMMENDATIONS 2.1 Members are asked to consider the report. 2.2 Members are asked to note that any reports, briefings or copy correspondence referred to in the report can be requested as appropriate through the Leadership Support Manager, although it should be noted that some confidential reports provided by external organisations such as COSLA may be restricted. 3. LEADER ACTIVITY 18th JUNE 2022 TO 15TH SEPTEMBER 2022 3.1 COSLA MEETINGS This period has required attendance at several COSLA Leaders and Special Leaders meetings - many of the latter convened at short notice and in response to the fast-moving and complex circumstances around national local government pay negotiations. As is very often the case, the majority of matters are considered in private session. I have noted below the topics considered and would remind Page 43 Agenda Item 5
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members of the opportunity to make arrangements for access to any confidential papers as highlighted at para. 2.2. Special Leaders, 4th July This meeting was called to deal with the following items of urgent business: National Care Service Bill Asylum Dispersal and Consultation Response Special Leaders, 5th August The Depute Leader attended this session on my behalf. The following items were considered: Pay Claim Ukrainian Displaced Persons Special Leaders, 12th August An additional Leaders meeting was required one week later, again to consider the Local Government Pay Claim. Leaders, 26th August This normal scheduled meeting of Leaders considered the following: COSLA response to the National Care Service Bill Call for Views Learning Estate Investment Programme Local Government Finance Social Justice and Social Security Committee report on Low Income and Debt Flood Risk Management Affordability Review National Strategy for Economic Transformation Business Support Partnership Delivery Plan Climate Emergency Social Care Workforce Suicide Prevention Distribution Special Leaders, 27th August The Pay Claim situation was escalating to the extent that an additional Special Leaders meeting had to be called for Saturday 27th August at extremely short notice. Special Leaders, 2nd September The meeting of 26th August was not able to complete all business items and an additional session had to be called to cover the latest Pay Claim Page 44
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position as well as the COSLA response on the NCS bill, Ukraine, and an additional item - Full Asylum Dispersal Plan for Scotland. 3.2 Housing Matters: More new affordable homes for island communities On 21st July, I was delighted to carry out the official opening of Otter Brae - a ten-home development in Craighouse, Isle of Jura, delivered in partnership with West Highland Housing Association, the Council, Ardfin Estate, the Scottish Government and contractors Macleod Construction. This development comprises eight 2-bed and two 3-bed homes. Jura Community Council has worked closely with West Highland Housing Association on a local lettings plan - the result being that people who live and work, have the offer of work, or who have strong local connections on the island, are able to access homes they need and that they can afford. Rhoda Grant MSP was also in attendance and this provided an opportunity to catch up with her about a range of issues that affect island life and the wider Argyll and Bute community, including the A83, ferry capacity and other transport matters. Page 45
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ACHA engagement: On 25th July I had an introductory call with Michelle Mundie, who has joined Argyll Community Housing Association as its new Chief Executive. Michelle brings considerable experience in both the housing sector and local government, including a spell at Glasgow City Council where she had responsibility for the city’s Affordable Housing Supply Programme. I look forward to working with Michelle going forward. Other housing matters: During the period covered by this report, I have attended regular meetings and forums on housing including: Argyll and Bute Strategic Housing Forum, 21st June: As always, this forum - which brings together key stakeholders from external partners as well as across council services - yielded useful and constructive discussions. The following issues were considered: Housing Service Performance Report 2021/22 (key highlights are noted below) Scottish Government More Homes Division update Housing and Planning Update RSL Updates - Development Projects Community-led Housing Projects Update Housing and Economic Growth Energy Efficiency Wellbeing Care and Repair Update Veterans/Armed Forces Housing Key highlights of note from the Performance Report include: 143 affordable home completions through the Strategic Housing Investment Programme in 2021/22 235 active empty homes cases open - with 38 empty properties brought back into use as affordable homes, over half of which had been empty for between two and ten years. 1,196 households in the Home Energy Efficiency Programme (HEEPS) £0.552m spend in Private Sector Housing Grants in 21/22 Page 46
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3.3 Campbeltown Working Group with Minister for Business, Trade, Tourism and Enterprise, 4th August: I joined officers and partners in attending the Campbeltown Working Group’s most recent meeting, welcoming the attendance in person of Ivan McKee MSP, Minister for Business, Trade, Tourism and Enterprise. The Minister had an opportunity to visit sites around Kintyre including MACC, and he was clearly impressed with the potential that exists there as well as the work already done. While it was helpful to hear about what has been done already, it is equally important to consider what needs to happen next - and now. As an example, connectivity was cited as one of the main challenges and barriers to growth. We need an urgent response to issues like this - and a response that consists of urgent action, given the scale of challenges like this. I intend to continue following up on this with the Minister. We touched briefly at the meeting on the interventions made in Dundee when the Michelin plant closed down, and arguably the extent of the economic challenges that have beset Kintyre in recent years have the same level of impact and require the same level of intervention and support. I had an opportunity for a short private discussion with Mr McKee prior to the meeting and it was good to hear that he had travelled to Campbeltown by road, rather than flying in from Glasgow. This would have given him an opportunity to see at first hand the practicalities of travelling to and from Kintyre and throughout rural Argyll, illustrating perhaps some of the challenges involved in service delivery in Argyll’s rural and island communities. He would also, of course, have used the A83 at a busy period and I hope that he takes the opportunity to relay his experiences to ministerial colleagues at the Scottish Government while deliberations - and work, and traffic lights - are ongoing in relation to the longstanding landslide damage and establishing a permanent solution. 3.4 Rothesay Pavilion Lobbying Group: We have had two meetings of the Rothesay Pavilion Lobbying Group in the period covered by this report - including a visit to the Pavilion itself on 10th August - and a further meeting on 13th September. This provided an opportunity for group members to see both the Pavilion’s current position and hear about its potential from Rothesay Pavilion Charity representatives, who were also in attendance. Page 47
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Officers have been liaising with the Charity on a fundraising plan and, as part of that activity, I have written to Scottish ministers seeking a discussion about the Pavilion, given its importance not only to Bute but in terms of national architectural significance. My office is also liaising with Jenni Minto MSP’s team to arrange an initial discussion about this matter. In the meantime, liaison with the Charity on this crucial plan will continue and I will report back on any responses from ministers. 3.5 A83 Rest and Be Thankful Members will recall that in my last report I advised that I had written to Jenny Gilruth MSP, Minister for Transport, in relation to the urgency for action on a permanent solution at the rest. We subsequently heard that Ms Gilruth would be visiting Oban on 18th August and would be available to meet with myself and officers. The Harbour Building in Oban, with its overview of the busy bay and pontoon facility, was the ideal location for a meeting to focus largely on transport-related issues. Page 48
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The Minister had asked to discuss the Bus Partnership Fund project and we were able to provide her with an update on this. I also raised the matter of ferry capacity particularly on our island routes. Ms Gilruth indicated that the Project Neptune report was due to be published soon and, indeed, at the time of writing it has now been made available online. I will want to take time to carefully consider the report and it goes without saying that, given the importance of reliable ferry services and adequate capacity on these lifeline routes, we will continue to lobby on this as a matter of priority. It was reassuring to hear the Minister say that resolving the Rest was a key priority for her. Since that meeting of course we have had a further announcement about a £25m investment in progressing design and development work, with medium term proposals due by the end of the year and a decision on the preferred long term route option by spring next year. Page 49
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Elsewhere on this agenda is a motion which I hope will secure backing across the chamber, given our historic unity on this matter of urgent importance for Argyll and Bute and its future success. I had also noted in my last report that I was in contact with the RABT Campaign Group about inviting them to a seminar for all councillors. Our original date of 8th September was rescheduled to 22nd September and the seminar will have taken place before the council meeting. 3.6 HRH The Princess Royal - Visit to Loch Fyne, 6th September: I was delighted to be invited by Tarbert Harbour Authority for a visit from Her Royal Highness The Princess Royal on 6th September. The Princess was in the area to visit both sides of Loch Fyne. She had first visited the Kyles of Bute, where she went to Tighnabruaich Sailing School and Kyles Camans, who manufacture traditional shinty sticks. She then crossed the loch - by air - to visit the Harbour Authority and view the new shoreside facilities it has put in place. Her final engagement in Tarbert was to visit the Argyll South Branch of the Pony Club. It certainly seems to be the case that Her Royal Highness enjoys her visits to Argyll and has a real affection for the area. As has happened before, she spent a lot of time talking to local people and those involved with each of the organisations that she visited, clearly very much to their delight. Photo by Kevin McGlynn Reviewing photos and memories of the day are of course particularly poignant given the very sad events just a few days later, when Her Majesty The Queen passed away. It is my intention to write a letter of Page 50
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condolence to the Princess, expressing sadness and sympathy at the very sad loss she experienced so soon after the visit. 3.7 Economy and Rural Growth Policy Lead Update: Levelling Up Fund: Members have been provided with a range of information on the Levelling Up Fund bids that officers have worked hard on, and I was delighted to be informed that two bids were submitted in August for consideration. The Regeneration Bid up to £20m – Argyll and Bute Western Seaboard Marine Gateways Initiative – Rothesay and Dunoon. The Transport Bid up to £50m – Connected Argyll and Bute – Whisky Islands; and North Lorn Economic Growth Zone. Further detail on each of the bid and the Levelling Up Fund can be found in officer’s report to Council in June UK LEVELLING UP FUND UPDATE AND BID SUBMISSION June22.pdf (argyll-bute.gov.uk) I feel the two submissions made are strong and stand a good chance of success, but it must be noted that this is a competitive process and I look forward to hearing the outcome of the UK Government’s decision. I am due to meet with Lord Offord, Parliamentary Under-Secretary of State for Scotland, in the near future (our original meeting due on 13th September was cancelled following the sad passing of Her Majesty Queen Elizabeth II). I will be taking the opportunity to promote Argyll and Bute’s bid at our rescheduled discussion. UK Shared Prosperity Fund (UKSPF): Argyll and Bute’s UK Shared Prosperity Fund Investment Plan was put before members in August at the Policy and Resources Committee. The UKSPF is a successor to the previous EU structural funds, it is viewed as a central pillar of the UK Government’s Levelling Up agenda. The overarching aim of the UKSPF is to build pride in place and increase life chances across the UK. The Plan will be delivered over a period of three years, and officers have prepared this plan in conjunction with colleagues and local partners/stakeholders, as well as with endorsement and support from our MP. Further information on the Investment Plan can be found ARGYLL AND BUTE UK SHARED PROSPERITY FUND INVESTMENT PLAN.pdf (argyll- bute.gov.uk) Love Local Gift Card: The Argyll and Bute Love Local Gift Card formally launched in October 2021 and there are currently 110 businesses registered to accept the gift card as payment for goods and services throughout Argyll and Bute, with more businesses in the process of registering to join the scheme. This is a great tool for Argyll and Bute and boosts spend and Page 51
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support to local businesses. I know Members will agree that we should encourage more businesses to take up this great opportunity Argyll and Bute Scotland Loves Local Gift Card (argyll-bute.gov.uk) Rural Growth Deal: The Rural Growth Deal (RGD) Programme Management Office (PMO) continue to work with the Scottish and UK Governments and key stakeholders to progress the signing of the Full Deal Agreement which represents the next key milestone of the RGD process. We have the consultancy Stantec to support the preparation of Treasury 5 business cases which are required by central government in order to sign the Full Deal Agreement. It is anticipated that the majority business cases will be submitted to government for initial feedback towards the end of 2022 / early 2023 and a draft programme of works has been prepared by Stantec. The RGD PMO are also in the process of drafting the various documents which will form the Full Deal Agreement including an Implementation Plan, Governance Plan, Communication Plan and Full Deal Agreement document. The RGD PMO have also been supporting colleagues to progress a number of grant funding bids in support of several projects within the RGD programme including bids to the UK Government’s Community Renewal and Levelling Up Funds and the Scottish Governments Clyde Mission Fund. The Council will continue to work with potential funding partners to identify synergies between the Rural Growth Deal and other national funding programmes which is particularly important given current inflationary budget pressures. Officers also continue to work with the National PMO network to identify best practise with regard to the delivery of city region and growth deal programmes including maximising the potential of deals to support inclusive economic growth, act as a catalyst for business growth and support the transition towards net zero. Heritage and Place Programme: It was agreed at the Policy and Resources Committee on 16th June that an expression of interest (EOI) be made to Historic Environment Scotland based on which of the two suggested conservation towns, Tarbert and Tobermory, were considered to best fit with the criteria and therefore hopefully stand the best opportunity of success, bearing in mind that this will be a highly competitive process. Following assessment of both bids by officers, I am delighted that Tarbert has been put forward under the Expression of Interest for this funding. Officers will continue to look at what funding options are available to improve Council assets and assets throughout Argyll and Bute. Page 52
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3.8 Gaelic Policy Lead Update: Highlights from the council’s Gaelic language activity include: Successful Argyll Gaelic Gathering 2022 held online with 55 participants. Actions from the Gathering have been compiled and have been shared with other stakeholders. Furan Gaelic Centre continues to support a wide range of Gaelic activity, both face to face and online. This includes working with Alzheimer’s Scotland, Coraidh is Cabadaich air an Lèanag at Dunollie House and Gaelic Bookbug sessions for children and their families. There has been a 50% increase in unique traffic to the council’s Gaelic webpages over the period June 2021-June 2022 compared with the previous two years. Comunn na Gàidhlig Officers continue to be active on Islay, Jura and Mull engaging young people in Gaelic Medium Education with in and out of school activities. The Royal National Mod will be taking place in Oban in 2024. A working group is being set up by Economic Development. Gaelic Culture Officer has been employed by CHARTS (Culture Heritage and Arts, Argyll and the Isles) for 12 months with funding from Bòrd na Gàidhlig. A further round of Strategic Events and Festivals (SEF) funded via the council in 2022/23 was offered to address challenges of fragility and to acknowledge the period of recovery required for this sector. Those that provided support to Gaelic culture for round 4.2 include: Tiree Music Festival, Argyllshire Gathering and Tarbert Music Festival. Gaelic Development Worker consulting with community around Gaelic Community Hubs which was an action identified via the Argyll Gaelic Gathering. 40 people have shown interest and two workshops have created a collection of ideas and actions that participants will look to take forward. 4. CONCLUSION 4.1 This report highlights the activities of the Leader of Argyll and Bute Council for the period from 18th June to 15th September 2022. Councillor Robin Currie Leader, Argyll and Bute Council 15th September 2022 For further information or to access the Leader’s Report Pack please contact Aileen McNicol, Leadership Support and Member Services Manager, telephone 01546 604014 or email aileen.mcnicol@argyll-bute.gov.uk Page 53
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ARGYLL AND BUTE COUNCIL COUNCIL 29th September 2022 POLICY LEADS REPORT 1. INTRODUCTION 1.1 This report provides members with an update on key areas of activity for each Policy Lead Councillor. This aims to provide updates from all Policy Leads as regularly as possible, so that all members are informed, up-to- date and able to engage with current issues. 1.2 Policy Leads were appointed by Council on 18th May 2022. This is the first Policy Leads Report of the new Council term. 2. RECOMMENDATIONS 2.1 Members are asked to consider the report. 3. POLICY LEAD FOR FINANCE AND COMMERCIAL SERVICES – Councillor Gary Mulvaney 3.1 Introduction: This report provides members with an update on my activities as Depute Leader and Policy Lead for Finance and Commercial Services during the period from May till September 2022 3.2 Financial Services Team: Officers continue to work on the budget outlook and this is formally reported to each Policy and Resources Committee. The latest budget outlook reported to P&R advised that in the mid-range scenario, the budget gap estimated over the five-year period is £36.493m with a gap of £7.980m in 2023-24. Three factors materially affect this – our grant from Scottish Government; inflation; and pay award pressures. In terms of grant the working assumption is a 1% reduction in SG funding, and that will be confirmed in December. Page 55 Agenda Item 6
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The current non-pay inflation estimated for 2023-24 amounts to £4.291m and this compares to an estimate of £1.164m in August last year. The increased cost of inflation is putting significant pressure onto the Council budget. In terms of the pay award, we budgeted for 2% for 22-23 like most other councils. Recent negotiations between COSLA and the Scottish Government have suggested a pay award averaging just over 5%, once minimum and maximum uplifts and extra days’ holiday are accounted for. The unfunded gap for councils’ is 1.5% and creates an unfunded pressure of circa £2.5m for current and future years. Officers will also change the pay award assumption for next year to 3.5%. This will increase the budget gap in 2023-24 by over £4.75m. Officers have commenced work on the budget approach for 2023-24 with a detailed review of service provision and the high level approach was discussed at a meeting earlier this month of the cross-party Budget Working Group. 3.3 Local Tax Collections: The Council Tax collection rate at the end of August 2022 is 50.72%, 2.98% up on the same time last year. The increased collection is due to the £4.33 million cost of living award that was allocated directly to Council Tax accounts at the start of the year although it should be noted that on a month to month basis the level of increased collections is reducing. There are challenges reported by sheriff officers in collection performance post summons related to the cost of living crisis and as we are passing over less debt to them this year to collect as debtors in receipt of benefit increases. The Non-domestic rates (NDR) collection rate at the end of August 2022 is 62.21%, down 1.92% in comparison to the previous year. This variation is because of movements in the level of rates relief we have been able to offer businesses between these years. 3.4 Benefits Update: Benefits Processing: As at 31st August 2022 processing speeds for Housing Benefit show average processing times of 27.97 days for new claims and 8.56 days for change in circumstances for the year from 1st April. Performance is improving month to month, in August new claims were processed on average every 24.6 days and changes 7.5 days, despite being short on resources due to sickness and maternity leave. Page 56
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Scottish Welfare Fund (SWF) and Discretionary Housing Payments (DHPs): Expenditure in SWF and DHP has increased in quarter 2 and at this stage we are not projecting costs over the annual budget of £458,827 for SWF or £961,000 for DHP. Flexible Food Fund: The Flexible Food Fund project has been extended for a further year given the current crisis in relation to the cost of living and the increase in energy costs. At the end of July the project has delivered £1,746 million of additional income for 1310 families across Argyll and Bute an average of £1,330 per household. Half of the households being supported are single adults living alone, 30% are single parents and 15% are families with children in the household. 3.5 Commercial Services Update: Launch of My Tribe Initiative: free period products are now widely available to everyone in Argyll and Bute, following the Scottish Government’s Period Products (Free Provision) (Scotland) Act 2021 becoming law in August. Commercial Services arranged two successful launch events at Helensburgh Civic Centre on 24th August and at Lochgilphead Joint Campus on 25th August. Helensburgh Leisure Centre: the new £22M state of the art leisure centre is now complete and was officially handed over by contractors Heron Bros Ltd at start of August, on time, despite the global construction challenges being faced, which is a fantastic achievement by all involved. The centre, which will be operated by Live Argyll, opened its doors to the public on 3rd September and an official civic opening will take place on 7th October 2022. Learning Estate Investment Programme (LEIP): Commercial Services are leading the preparation of a bid to the Scottish Government’s highly competitive LEIP. Mull has been identified as the priority area across the whole school estate and a public pre engagement exercise was run until 9th September to seek initial views from the island community on a potential new campus. Food for Life Award: Argyll and Bute Council’s schools catering service has received The Soil Associations’ Bronze Food for Life Served Here Award for the 10th year in a row. This year’s accreditation also includes meal provision for the area’s early years settings, meaning that even more young people are able to benefit from healthy, sustainable school meals – 125 schools in total. The award recognises food establishments that serve fresh, environmentally sustainable and ethical food, make healthy eating easy and champion local food producers. Page 57
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Rothesay Pavilion: the latest meetings of the lobbying group took place on 10th August, which included a site visit, and 13th September. An action plan has been agreed to progress lobbying activity as a matter of urgency. 3.6. Depute Leader: I have regular other meetings with the Leader, Policy Leads and the Chief Executive in respect of council business and priorities. In addition I have deputised for the Leader at COSLA and attended meeting and development sessions of the HSCP. 4. POLICY LEAD FOR EDUCATION – Councillor Yvonne McNeilly 4.1 Introduction: This is my first report since being re-elected in May 2022 and I would like to say how delighted I am to be returning as a Councillor for Argyll and Bute and continuing the role of Policy Lead for Education. 4.2 Education Change Programme – School Leadership Proposals: Following one of the most ambitious consultation and engagement exercises, which was undertaken by the Education Service from November 201 to March 2022, a report on the outcomes and findings of this process was tabled at the Community Services Committee on 25th August. Moving forward, a number of key actions were agreed including:- That the consultation exercise provided valuable feedback from teachers, pupils and communities; That the proposals as consulted on are not progressed; That the Education Service, working with Head Teachers, continue to work across all aspects of the Service to deliver improvement, to address the implications of national reform, to address the key issues raised in the consultation and other local and national challenges the Service is encountering, and will continue to encounter; That the Education Service continues to address the variation in performance within Argyll and Bute schools and work with Head Teachers at a local, and with partners at regional level, to improve outcomes for children and 5 young people. I would like to take this opportunity to thank all the officers involved for their continued hard work and to everyone who took the time to engage with the process and submit their views. Moving forward I hope that we can continue to work with our stakeholders in a positive Page 58
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manner, for the benefit of all our children and young people in Argyll and Bute. 4.3 Exam Results 2022: Initial exam results were released by the SQA on 9th August and I am very proud to report that our young people have achieved impressive results in what has been another challenging period for them, their parents/carers and of course all the school staff. This is this first time in 3 years that our S4-S6 pupils have been presented for examinations, with exams in 2020 and 2021 cancelled due to the Covid-19 pandemic. Results show that National 5 attainment remains in line with 2019, while Higher and Advanced Higher pass rates have increased by 6.3% and 8% respectively compared to 2019 results. Argyll and Bute pupils’ performances in both Higher and Advanced Higher are above the national average, while for National 4, a 100% pass rate across all our schools continues, which is 14% above the national figure. Results will be updated by the SQA this month (September) following the processing of any appeal requests submitted by schools or candidates. Officers have held a number of training sessions with school leaders to develop a knowledge and understanding of the attainment data for their school, which has also been further scrutinised to help inform our Local Authority Stretch Aims across a number of areas. 4.4 Potential New School for Mull: As part of phase 3 of the Scottish Government’s Learning Estate Investment Programme (LEIP) the Council is in the process of preparing a potential bid for funding for a new campus on Mull. In line with the adopted Learning Estate Strategy, Mull has been identified as a strategic priority for the Council given it is assessed as “C - poor” in terms of suitability. Pre engagement activity has been ongoing with the Mull community in respect of the potential LEIP bid, with a number of workshops and meetings held in August to raise awareness and obtain initial views from key stakeholders. A paper is on today’s agenda in respect of the approach and if agreed, steps will be taken to progress a formal bid for funding by 31st October 2022 deadline. Page 59
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4.5 Dunoon Grammar School - Celebrating Success: World’s Best School: Dunoon Grammar School (DGS) are in the running to become the World’s Best School through the T4 Education World’s Best Schools Award for Community Collaboration. The Community Collaboration Prize recognises schools that have collaborated and developed partnerships with their community to have an integrated approach in helping each of their students striving for a whole child approach based on equity and inclusivity. Dunoon has been shortlisted for its wide range of local, national and international projects, including: A Covid-19 recovery programme that saw young people in the school live streaming bingo and other games into care homes. Working with local members of the community to design a lasting monument to those who lost their lives during the pandemic, and identifying a suitable area to erect it. Running events in local primary schools when children could not attend clubs out with the school during lockdown. Designing coded digital solutions to the climate crisis and presenting them to world leaders at COP26 in Glasgow Visiting communities in Malawi, Costa Rico and Ghana to build education and health facilities. I am extremely proud of the school and wish them the very best of luck! Gaelic Education Award: As if being one of the world’s top schools wasn’t enough, DGS have also recently won the Gaelic Education Award at this year’s Scottish Education Awards held in Glasgow on 8th June 2022. The award recognises early learning and childcare settings and schools that have developed a positive culture of continuous improvement in relation to Gaelic Medium and Gaelic Learner Education. 4.6 Celebrating Success and Continuous Improvement: DGS aren’t the only school celebrating success. I am amazed, but not surprised, that only a few months into the new school term there is already an array of awards and achievements to be celebrated right across our excellent Education Service. I have detailed below some of the highlights:- Developing Nurturing Cultures: A further ten schools in Argyll and Bute have achieved accreditation for their achievements in developing nurturing cultures in their school communities, taking the total to 18. Page 60
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The accreditation is part of the Council’s ‘Our Children, Their Nurturing Education (OCTNE) Strategy’ and aims to ensure that children and young people have the emotional support they need. The schools that have received bronze accreditation in this round are: Ardrishaig Primary, Bowmore Primary, Campbeltown Grammar, Colgrain Primary, Dunoon Primary, Garelochhead Primary, Hermitage Academy, Rothesay Primary and Sandbank Primary. Port Charlotte Primary made an outstanding achievement and received gold accreditation. The health and wellbeing of our children and young people is a key priority for the Council and the work of the Educational Psychology Service in supporting schools to implement these approaches has been fantastic. This success has been recognised by Education Scotland who are using the programme as a case study for positive practice in its national review. Gold for Children’s Rights: Ulva and Lochdonhead Primary Schools have both recently received gold accreditation in UNICEF UK’s Rights Respecting School Programme. This is presented to schools that show commitment to promoting and realising children’s rights and encouraging adults, children and young people to respect the rights of others in school. Current engagement across Argyll and Bute: 45 schools and nurseries in Argyll and Bute are already engaged with the award Two of them are partner providers Ten are currently working towards Bronze: Rights Committed 23 are working towards Silver: Rights Aware Eight are working towards Gold: Rights Respecting And four have achieved Gold and are now classed as Rights Respecting Schools. Silver Award for Port Ellen: Port Ellen Primary on Islay has received a silver award in the Pearson National Teaching Awards for ‘Making a Difference – Primary School of the Year’. The award celebrates excellence in education and recognises the life changing impact that an inspirational teachers can have on the lives of the young people they work with. Page 61
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Port Ellen received recognition for its commitment to achieving excellence for all, enabling pupils to flourish in an environment that values every child, promotes high expectations and provides opportunities for achievement. The school has now been shortlisted to win one of 16 Gold Awards up for grabs later in the year. Good luck! Top Marks for Head Teachers: Three of our Primary Head Teachers have received top marks following completion of Education Scotland’s national ‘In Headship’ qualification. I would like to pass on my congratulations to Linda MacBeath from Rhu, Karen Wheatley from St Mun’s, and Pauline Walsh from Colgrain for their outstanding results. I must also recognise the achievements of five of our aspiring Head Teachers, who have received the General Teaching Council for Scotland’s Standard for Headship, following successful completion of the ‘Into Headship’ qualification:- Shona Guthrie – Lochgilphead Joint Campus Caroline Lamond – John Logie Baird on secondment to Early Years Team Roseanne MacKay – Hermitage Academy on secondment to Central Team Leonie McMurdo - Craignish Kate Petrie - Bunessan Small Isles Primary: Congratulations to Small Isles Primary on securing their sixth Eco Schools Green Flag Award. This demonstrates a huge commitment from teachers and pupils and the wider school community in delivering environmental benefits across a range of topics including biodiversity, energy, healthy living, waste and water. Participation Measures: New figures published by Skills Development Scotland show that 93.9% of young people in Argyll and Bute are currently in education, employment or training, putting the area in fifth place out of all 32 Scottish local authorities. The Annual Participation Measure reports on the economic and employment activity of 16-19 year olds in Scotland and is the source of the Scottish Government’s National Performance indicator. This year’s figures show a 0.4% rise in Argyll and Bute compared with 2021 and a jump from 10th to 5th in the national table, illustrating the commitment and hard work of our young people, their families and all Page 62
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staff across the Education Service, in achieving positive destinations for young people when they leave school. 4.7 Early Years Team: Early Years Team – Quality Mark: The Early Years Team have received the General Teaching Council Scotland’s Quality Mark after gaining an Excellence in Professional Learning Award from the organisation. A huge well done to the team on receiving this accolade, which is in recognition of the excellent work that is taking place across early years establishments across the authority to support and promote professional learning that has a significant impact on teachers, classroom practices and our children and young people. Childminders: The team have been working closely with the Scottish Childminding Association (SCMA) and Skills Development Scotland (SDS) to increase our childminder numbers within specific rural areas, to support parents to live and work across Argyll and Bute. We are currently awaiting confirmation of the number of new childminders enrolled with the Care Inspectorate (CI), however, early indicators suggest Argyll and Bute have been one of the most successful Local Authorities within the scheme in relation to numbers recruited. Income Generation Pilot: This month, the team are starting an income generation pilot within Rothesay Joint Campus, using existing staffing levels to offer paying spaces to parents of non-eligible two year olds, with the aim of supporting working parents with childcare whilst maximising use of staffing resource to generate income. We will gather stakeholder views which will be used to determine whether an extension of the pilot will be rolled out in the Campbeltown area, where local intelligence suggests there is also a need for childcare provision to support working parents and where our current staffing complement could deliver this at no additional cost. 4.8 National Writing Project: Argyll and Bute Council have applied and been chosen as one of the five authorities accepted to the first national wave of the Children and Young People’s Improvement Collaborative National Writing Project. We have five schools participating in the programme which will see classroom practitioners, supported by school leadership, using a developed writing bundle for First Level learners. The programme supports practitioners to use a specific bundle of approaches to writing and to gather data using the bundle to evidence improvement. Page 63
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4.9 Support for Parent Councils: The Wellbeing, Rights and Relationships Manager has been working closely with parent councils to improve support for those who are involved. We are supporting this role through CONNECT membership. CONNECT provide a range of training and resources to improve parental involvement and engagement. We are also working together to agree support information for parent council members, as well as looking at how we promote the positive contributions parent councils make to our school communities. A draft document is currently being consulted on. CONNECT will be invited to our Parent Advisory Group to update members on what they can offer. 4.10 Summer Holiday Food and Childcare Programme: As per last year, the Scottish Government rolled out a programme for Summer Holiday Food and Childcare and tasked local authorities to deliver a mix of holiday provision making best use of existing cross- sectoral childcare and organised children’s activities services. Local authorities were asked to focus on areas with higher SIMD rating and support access for the six priority groups highlighted in the Tackling Child Poverty delivery Plan outlined below: 85% of funding was intended to be targeted at children and young people from the priority family groups: Children from lone parent families Children from ethnic minority families Children from families with a disabled adult or child Children from families with a young mother (under 25) Children from families with a child under one year old Children from larger families (3+ children) The remaining 15% of the funding can be used flexibly to reach other children who would benefit from access to free holiday childcare, food and activities. In line with last year Education took the lead for the Summer Activity programme for 2022. Due to the success of last year’s programme and the feedback from staff and parents, it was agreed that we would target three weeks of the summer holidays and offer activities and childcare within hubs across the authority. Hubs were established during the weeks of 4th July, 18th July and 1st August in Campbeltown, Dunoon, Helensburgh, Islay, Lochgilphead, Oban, Rothesay and Tobermory. Dates and times varied in each town. Page 64
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Organising the programme is a huge undertaking and Education had great support from Customer Support Services who designed a bespoke booking form which enabled parents to book activities and gave Education staff the ability to run reports to support registration, have an overview of booking figures, and supply numbers to catering staff for lunch provision. In addition, Commercial Services helped to deliver 2,550 meals across the eight hubs. Support was also received from a wide range of partners and external organisations who should be recognised for their contributions:- After School Clubs Tarbert After School Care Drumfork Escape Fyne Families Outdoor Education Ardroy Scout Scotland Go Venture Third Sector Helensburgh & Lomond Carers MAYDS Achievement Bute Cowal Young Carers A&B Council Champs Group MacTaggart Community Cyber Café Mull & Iona Community Trust Others Oban Youth Café Wee Happy Health Club Hope to Oban Albatross Arts Rangers Football Club Feedback on the programme has been collated from staff, partners, parents/carers and pupils and will be used to inform future programmes. Some of the feedback received is detailed below:- “It’s a lifeline for my family. I find the holidays really tough and this makes life so much easier knowing they are happy and my life is easier throughout these weeks it’s on thank you thank you thank you!!!!” “I loved everything.” “I liked meeting new people.” “Providing opportunities for young children that they may not have had.” Page 65
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5. POLICY LEAD FOR ROADS AND TRANSPORT - Councillor Andrew Kain 5.1 Introduction: Since May I have been getting familiar with the Roads and Transport brief and council officers. With Argyll and Bute covering such a large and diverse area the Roads and Transport services confront significant challenges in delivering. As well as roads, the service covers ports and harbours, ferries and airports. There is 2,300 Km roads (40% on Islands) of varying standards across the second largest council, by area, in Scotland, and over 4,500km of coast line plus 23 inhabited islands. When these facts alone are considered it is clear that delivering best value for Argyll and Bute’s communities can present some significant challenges. 5.2 Major projects: The following are in different stages of delivery and will contribute hugely in improving the economies and welfare of the communities they serve. Campbeltown flood defences: this is a significant project newly underway which will greatly reduce the flood risk in the town while improving the resilience to the changing climate. While there will be some disruption during construction, all will be made good by the contractor with significant benefits for the future. There is a useful page on the Council website providing details about the works. In summary this project has a value of over £15M with Scottish Government Flood Prevention Scheme funding 80% and the Council 20%. Elected Members have received a presentation relating to the works and have carried out a site visit to view the various elements of the proposed works. On the same day a public pop up event was held which was well attended. The three local councillors have had an additional workshop session with officers to progress options for the reinstatement of Burnside Square following the installation of an underground water storage tank which will occupy much of the footprint of the square. A public consultation exercise will be carried out to seek the views of communities regarding the reinstatement options. Flood Prevention Study Work: The Campbeltown scheme is the first scheme that this council has received physical works funding for with flood study and design works having been carried out over a number of years. We are also currently undertaking flood study works under a similar programme for Rothesay and Oban. These flood studies will be Page 66
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used for bids for future flood prevention schemes as the availability of external funding allows. Ardbeg Sea Wall Isle of Bute In December last year a significant storm washed away the sea wall exposing utility services within the footway and putting at risk the public road and private land beyond. Quick temporary action was taken to provide a temporary wall to protect the road and utility services. These reactive works were carried out under emergency ‘powers’. Permanent works are currently being designed and permissions sought as required with planned works. It is intended that a permanent solution will commence construction in 2024. However, it is worthy of note how vulnerable our infrastructure can be particularly in adverse weather events. Ardbeg sea wall defences. Home to School Transport and Public Transport – the Council transports some 3,000 school children between home, school and back every working day, the logistics behind this operation is significant. The majority of school transport is carried out by bus and mini bus. There are also a number of children who travel by train (mainly to Oban High School and Helensburgh Academy). Some of these train journeys have been disrupted due to industrial action in the rail sector. Service cancelations have been combatted by the introduction of bus services. Page 67
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Roads Reconstruction Programme – The Council agreed a £8M investment for this financial year’s roads reconstruction programme and a further £958K has been secured following a competitive bid to the external Strategic Timber Transport Fund. This coupled with some £500k for footways and an additional £300k for street lighting will deliver a significant programme of asset sustainability works across the public road and footway network. Typical roads reconstruction works under way. Oban Harbour: This is a hugely significant programme that will greatly benefit the economies of Oban, island communities and aquaculture businesses across Argyll and Bute. The move to establish Oban as a Municipal Harbour is close to being delivered and the Council has engaged with over 1,000 stakeholders thus far. I have engaged with members of OCDHA who are fully behind the development, indeed their attention to detail benefits greatly the process. That said the complexity and enormous number of moving parts make it impossible to satisfy every view. However, the unifying objective remains to deliver a ‘Harbour Revision Order’ to Transport Scotland by the end of year for Ministers to formally consider the proposals to create a Municipal Harbour Authority. We then move on to the next phase where, with the help of OCDHA and other stakeholders, we can ensure the effective management and success of Oban Municipal Harbour. The Council is also looking at options for extending the North pier to deliver greater capacity. Bridge and Structure Funding: Following a successful bid for external government funding to upgrade a number of bridges and structures, design work is underway for 15 bridges and structures which meet the funding criteria and were part of a competitive bid which was successful in securing over £5M of additional funding. Construction work will be carried out over the years 2022 – 2025, allowing for detailed design, consents and permissions to be completed. This Page 68
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funding will see significant upgrades to key transport infrastructure assets. Winter cover: The service has in place a winter service policy as delivered in previous years with the objectives of ensuring the provision of a standard treatment appropriate to the prevailing weather conditions and; establishing patterns of working which will produce the greatest benefit from the deployed resources, with the view to reducing the level of risk and the extent of any delays to the public, caused by adverse weather conditions. The service will be rolling out its winter plans as normal over the coming period and will use both roadside weather stations and a professional external forecast suppler to determine daily treatments. Page 69
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Preparation/calibration of a typical winter vehicle roadside weather station and typical forecast Ports and Ferries: The Council is responsible for a number of ferries and ferry routes along with 34 piers and ports. The Council has previously pursued transfer of its internal ferry operations to Transport Scotland. On a national basis, Transport Scotland is currently reviewing how services are delivered and looking at the best solution for delivery of future services in line with Islands plan. The service will continue to play its part in contributing to those vital transport links. Electric vehicles and EV Charging Points: the Council has significantly increased the number of small vehicles which are either electric or hybrid over the last two years and will continue to capitalise on grant funding to add further EV charging points. Page 70
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Qualifying Factors: The current economic environment is not something that will be consequence-free for Argyll and Bute and the service. The inflationary pressures across the board will impact all aspects and create significant cost increases. The cost of all materials is rocketing! However, the service is doing what it can to mitigate the effects through activities such as combining with other authorities to improve purchasing power, route optimisation, and everything in its power to maintain effectiveness with greatly reduced resources. Future: It is my intention to continue familiarisation with projects within brief and further developing relations with officers as we jointly look to develop policy and maximise resource delivery for the benefit of all residents of Argyll and Bute. I am always happy to have further discussions with colleagues who may have issues or suggestions about mitigating pressures. We are anticipating policy changes form Scottish Government on both urban 20 mph zones and footway parking. Officers will bring papers to the relevant committees and/or briefing notes in due course when more information is available. 6. POLICY LEAD FOR CARE SERVICES – Councillor Amanda Hampsey 6.1 Introduction: I was appointed to the role of Policy Lead for Care Services at the Council meeting on 19th May. Since taking on the role, I have worked closely to build relationships with the various heads of service and care providers, to gain a broader insight into the provisions provided within Argyll and Bute. Below is an overview to some of the activities in which have taken place. Page 71
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6.2 Key Meetings: On 4th July, I met with Fiona Davies, Chief Officer of the HSCP and Professor Jason Leitch, National Clinical Director to make visits to Oban, Lorn and The Isles Hospital, Eader Glinn Care Home, Lorn Medical Centre and Healthy Options, Oban. Tribute was paid to the staff for the exemplary continued commitment to patients. The opportunity was also taken to discuss with each member of staff what challenges they have faced, given the difficult circumstances in which our health care workers have been under during the pandemic and whilst our National Health Service has gently eased away from restrictions. Feedback from staff was incredibly positive. On 19th August, I travelled to the Isle of Bute to meet with Fiona Davies, Chief Officer of the HSCP and Humsa Yousaf MSP to attend Bute General Hospital, Bute Medical Practice, Thomson Court Care Home and The Lade Centre. Again, much appreciation was shown to the staff for the excellent level of care provided and they were highly commended for the unity and teamwork shown within partnerships. 6.3 Mental Health and Inpatient Care: Succoth Ward in Mid Argyll Hospital is currently operating 17 beds. Occupancy has been running consistently at 95%. The team continues to be supported by bank and agency staff. However, the ward continues to facilitate student nurse placements and recruitment is ongoing. In responding to the challenges of recruitment the team have recently been successful in their application to the Scottish Terms and Conditions Committee to apply a Recruitment and Retention Premium to their band 5 posts. It is hoped that this will help stabilise the workforce by boosting recruitment efforts and minimising staff turnover. The Mental Welfare Commission visited the ward in June of this year. The report is in the process of being finalised and is likely to be published by the Commission in the coming weeks. 6.4 Community Mental Health Teams (CMHTs): CMHTs continue to function in each of our four localities and have close links with our inpatient service, General Practitioners, Addictions Service and acute and community hospital services. The effective function of these teams is crucial to support people to remain in the community and to facilitate timely discharge from hospital. The new national Suicide Prevention Strategy is scheduled for publication by the Scottish Government week beginning 26th September 2022. The Argyll and Bute multi-agency Suicide Prevention Page 72
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Group comprised a range of key stakeholders from across Argyll and Bute. 6.5 Primary Care Mental Health Service Team (PCMHT): We have a single PCMHT that has practitioners based within and supporting, each of the four locality areas. The function of this team is to support a range of mental health conditions such as mild depression and anxiety. We have recently commissioned Support in Mind Scotland to deliver Distress Brief Interventions for the people of Argyll and Bute and our initial focus has been on awareness raising and training our partner agencies, i.e. SAS, Police Scotland, Scottish Fire and Rescue, Local Authority and General Practitioners to be able to refer to this service. This work is in line with the national program details of which can be accessed via the attached link. 6.6 Perinatal Mental Health Service: Our new Perinatal Mental Health Service is progressing well. The service has an Advanced Nurse Practitioner (ANP) and an Infant Therapist. The ANP, who is managed within Mental Health services, has developed care pathways and supports a caseload across Argyll and Bute. She has forged good links with the specialist Mother and Baby unit in Glasgow. This has contributed to improved clinical supervision and communication between the teams and better outcomes for patients and families. The Infant Therapist is governed under integrated children’s services. She has undertaken a training needs analysis within children’s services. We have two Nursery Nurses associated with the project and they have undertaken some preparation work to deliver an antenatal/postnatal group. They have undertaken training with Peep and the Solihull Programme and are linking closely with the Perinatal Team. They also plan to visit the Mother and Baby Unit at Leverndale to develop their knowledge and skills and learn from the specialist work that goes on there. Patient and family engagement is a key strand of this work and a number of initiatives have commenced in relation to this. Practitioners from Lets Grow Kids are taking forward collaborative approaches from book bugs to attending soft play groups and developing surveys with Page 73
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QR codes in an attempt to gather more anonymised feedback and to engage the voice of those with lived experience. 6.7 Learning Disabilities: Argyll and Bute’s integrated Learning Disability Services continue to provide support to approximately 377 people with either a Learning Disability or Autism via a range of services. Phase 1 of the redesign of day care services is now complete and we are about to embark on phase 2 which focuses on our delivery models. Phase 1 focused on the reorganisation of our staffing structures and recruitment in relation to this has been very successful. Work is also ongoing to review and expand our local core and cluster models in line with national policy (Coming Home Report). In February 2021 the Scottish Government allocated a £20 million Community Living Change Fund to Integration Authorities via NHS Boards to: Reduce the delayed discharges of people with complex needs. Repatriate those people inappropriately placed outside of Scotland. Redesign the way services are provided for people with complex needs. As part of the response to council on action taken the HSCP has utilised the allocation of £300,701 in the following way. The two key intentions are to use this money to: Employ a project manager on a fixed term contract for 18 months to review the care and support needs and arrangements of the 33 individuals who have been placed out with Argyll and Bute and to develop local pathways to support as many of these individuals as possible to return home. Support staff to undertake Positive Behaviour Support Qualifications and become PBS Champions. Recruitment to the Project Manager post is underway. 6.8 Neurodevelopmental Conditions: There is awareness of the lack of a robust infrastructure locally to provide assessment, treatment and support for those with neurodevelopmental conditions. There is an emerging trend nationally within Boards and Authorities to develop a Neurodevelopmental Pathway which is a specialist service responsible for the assessment of neurodevelopmental conditions such as Autism Spectrum Disorder (ASD) and Attention Deficit Hyperactivity Disorder (ADHD). Page 74
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A business case is currently being to support the development of a Neurodevelopmental Pathway for Argyll and Bute. Officers have undertaken some horizon scanning to see what models and processes that other areas have produced and this work will shape proposals going forward. 6.9 Clinical Care and Governance (C&CG): A review of the C&CG framework is being finalised, in support of partnership and integrated practice. The review is in its final stages and has been co-produced with professional Leads, Heads of Service and Clinical Care and Governance Committee members. The final Framework is expected by the end of September. 6.10 Care Homes: A submission was compiled for the Scottish Government on Care Home sustainability and resilience given financial concerns around the sector. Locally day to day issues are managed through the care home assurance process. Strategically the Care Homes and Housing Programme Board (under transformation) has completed an initial, independent architect’s review of internal care homes and this needs to join with capacity planning and business cases for the future. 6.11 Right Care, Right Time (Unscheduled Care): This is the main programme that reviews all unplanned care and in effect is a system wide approach across hospitals, community, acute that tries to avoid admission to hospital and support at home. The Chief Officer now chairs the Programme Board across Highland. 6.12 Adult Social Work: Work continues to support the sustainability of Adult Social Work services reflecting national shortages of social workers. Work is progressing to redesign with Social Work Team Leaders to give assurance to the Chief Social Work Officer. 6.13 Care At Home: Work is also continuing to support the sustainability of Care at Home services. This currently operates on a mixed economy of internal and commissioned services. A strategic approach is being taken to addressing this in the particular geography of Argyll and Bute. Page 75
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6.14 Response function and island approaches The response function for uninjured falls was successfully remodelled and funded for mainland areas. We are increasing focus for equity to develop such responses within island communities. This links with approaches with Coll and emerging discussions on Mull in terms of health and social care needs. 6.15 PLANNING, PERFORMANCE AND TECHNOLOGY WEST OF SCOTLAND REGIONAL HEALTH AND SOCIAL CARE DELIVERY PLAN - 2022/23 The service work plan updates were presented to the Board in August noting the following areas of progress to regional service implementation and development this year: Major Trauma centre - Phased implementation of model for provision of hyper acute specialist rehabilitation. Vascular Services Programme - Deliver vascular centre at University Hospital Hairmyres (UHH). Cancer Multi-Disciplinary Teams (MDT) - Roll out MDT FIT Improvement Programme across all MDTs in the region, building on learning from pilot. Ophthalmology Services overview report highlighting risks, issues and potential solutions required. The report will have a particular focus on glaucoma and diabetic retinopathy – March 23. Urology - Conclude the business case for robotic partial nephrectomy to inform funding decision by WoS NHS Boards for 2023/24. Interventional Radiology - Conclude the development of the Regional Interventional Radiology Service Model / Medical Model Proposal. Determine the regional support for this proposal and the implications for services/ Boards of the changes to provision – December 22. 6.16 Planning and Performance The service is supporting and leading a number of streams of work including: Developing and implementing the new Integrated Performance Management Framework for the IJB by March 2023. Service reviews including future service model for Isle of Coll, Outpatient service redesign using the “Near Me” video conference service and digital appointing and service redesign. Supporting the Primary Care Mental Health Well-being plan, Highland Hospice remote advise support to clinicians. Agreeing pathway and service delivery redesign in ENT and Ophthalmology with NHSGG&C. Utilising SGHD waiting times initiative funding to boost service capacity, redesign processes and services to reduce waiting times in services as presented at the IJB in August 2022. Page 76
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Preparing the production of the IJB annual performance report 2021/22 presentation to IJB November 2022. Progressing the implementation of the HSCP Commissioning and Market Facilitation plan, report on partner co-production workshop June 2022 – “Think Home First” changing the hospital journey. The HSCP has been successful in obtaining grant funding of £465,000 to install up to 30 additional electric charge points to support the transition of the NHS fleet to zero emissions by 2025. 6.17 Technology: A key aspect of integration of health and social care services is the development of a person-centred approach and a single health and care team. A single information system and ideally a shared record has been identified by front line staff as key operational requirement to achieve this from the inception of the HSCP. The HSCP Digital Modernisation Strategy and action plan captures this aim and details how this will be achieved. The Strategy has now been approved and included in the HSCP Strategic plan 2022-2025. The following outlies the current status of some of the projects. Implementation of the ECLIPSE system replacing Carefirst for social work and community nursing and community AHP health services go live date from January 2023. Implementation of Orion Portal allowing primary care and hospital systems to view ECLIPSE community health record from January 2023. Scanning of all general health medical records at LIH Oban, 80% complete, commencing the scanning of such records in Mid Argyll and Cowal Community Hospital from October 2022. Federation of Microsoft teams and 365 e-mail between Council and NHS Highland to improve speed of communication via providing calendar sharing (free/busy, video, voice and message) by October 2022. The HSCP with Argyll and Bute Council and NHS Highland are participating/leading this national project rolled out to the rest of Scotland before winter. The HSCP recent Digital Modernisation newsletter provides further information on the projects and programmes in place. Page 77
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7. POLICY LEAD FOR PLANNING AND REGULATORY SERVICES – Councillor Kieron Green 7.1 Introduction: This first report of my activities as Policy Lead for Planning and Regulatory Services covers from the election in May until August 2022. I would like to thank officers for their introductory briefing meetings in the numerous areas covered by this remit including Development Management, Development Planning, Building Standards, Regulatory Services and Biodiversity. The Planning, Protective Services and Licensing Committee has continued to meet on a monthly basis, and the Licensing Board met in June and August. Additionally a number of Local Review Bodies have been convened, along with Community Council Conduct Review Panels and Appeals Committees as required. I have also attended the Clyde Regional Marine Planning Partnership which encompasses the eastern coastline of Argyll and Bute. 7.2 Development Management: 2,071 applications were submitted for 2021/22, higher than the pre- pandemic figure of 1,984 in 2019/20. First Quarter 2022/23 submissions are at similar levels to that seen last year. Planning fee income received in the First Quarter 2022/23 was £76k above that forecast, with further increases to come from monies yet to be received for major developments and three Section 36/37 consultations. Planning Performance Framework 11, covering the period 2021/22 was submitted to the Scottish Government in advance of their deadline of 7th September 2022, with the finalised report coming before committee this month. 7.3 Development Policy: Reporters were appointed to conduct the examination of the Local Development Plan 2 in May. Most site visits have now been completed and the process is anticipated to be completed by December 2022. Officers continue to engage with partners around developments at Dunbeg, and work is progressing on the Oban Strategic Development Framework as resources permit. 7.4 Building Standards: Income levels are £94k above forecast including that received from high value applications and through commercialisation. 98.7% of Page 78
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Building Warrant applications are being responded to within 20 days and 97.3% of Warrants and Amendments are being issued within six days of satisfactory information being received. I am delighted that the team has been reaccredited for the Customer Services Excellence (CSE) award covering 23 criteria, up from 19 previously. At the Local Authority Building Standards Scotland (LABSS) Congress on Friday 16th September, Argyll and Bute Council received the Scottish Award for Outstanding Service and Commitment for Customer Focus. This is excellent news and recognises the very high standard and dedication shown by the team in delivering the Building Standards service across Argyll and Bute. This achievement is very well deserved and highlights that the team’s contributions are recognised by peers at a national level. Congratulations and very well done to the whole team. 7.5 Regulatory Services: Permanent signage advising of dangers of Blue-Green Algae has been installed at the higher risk Lochs - Avich, Awe, Eck, Nell and Lomond. Where blooms are reported in other lochs temporary notices are posted. Avian Influenza has been closely monitored with the Council following UK Government Department for Environment, Food and Rural Affairs guidance in responding to this. Officers have contacted commercial poultry businesses to discuss the situation and their arrangements and contributed to the Scottish working group on this. Ukrainian resettlement program property checks for the UK and Scottish Government Super-sponsor schemes ensure homes are suitable and safe. To minimise the impact on individual services, inspectors are being resourced from housing associations, and fire and rescue, together with environmental health, housing and estates staff. 7.6 Staffing: Efforts to recruit to vacant posts across a number of areas continue, with recognition that until these are filled there will be an ongoing impact on service performance. As a result there is a growing backlog of planning applications with fewer being determined than are being validated. 7.7 Biodiversity: New projects are commencing to restore peatland on Islay, following previous work at Achnacree Moss near Connel. This is being funded from Peatland Action and will also help address climate change. Page 79
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Buglife B-Lines, which seeks to create a network of linked wildflower rich areas across Scotland has been completed for now within Argyll and Bute. Work by the Islay Natural History Trust covering Islay and Jura has now been linked to this national project. There has been officer contribution to the consultation for the Scottish Biodiversity Strategy and associated Delivery Plan. These are establishing measures to have achieved by 2030 and 2045 in relation to restoring native habitats, managing ecosystems, increasing health and resilience of species, and providing carbon sequestration. 8. POLICY LEAD FOR CLIMATE CHANGE AND ENVIRONMENT SERVICES - Councillor Ross Moreland 8.1 Introduction: Following the elections held in May and the formation of the new Council, I have been appointed as the Policy Lead for Climate Change and Environment Services, which covers a range of Council Services. These range from waste management and amenity services to climate matters. I had my first meeting with officers to discuss my role as Policy Lead in July, and continue to have monthly meetings where officers provide wide-ranging updates on matters within my remit. 8.2 Waste Management: The Council moved to a three-weekly general waste collection and two-weekly recycling service in 2016. This service delivery model was implemented to contribute towards increased recycling and also to make a financial saving. Collections take place from 48,000 households – with 18 bins lifted each minute of every working day. Overall, staff lift just short of three million bins per year across 236 collection routes. 3,386 commercial contracts are in place, and commercial collections are offered for general waste, recycling and glass. A number of commercial organisations offer commercial waste services in addition to the Council. 11 Civic Amenity and 98 Bring Sites are available across the council area. Across Argyll and Bute there are three waste disposal models in place: Islands Model; Mainland PPP Contract; and Helensburgh and Lomond Model. The Biodegradable Municipal Waste (BMW) landfill ban comes into force from December 2025. To deal with this the Council have in place a Waste Strategy and currently an Options Appraisal is being produced which will contribute towards a recommended solution for Page 80
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waste disposal. A report will be presented to the Environment, Development and Infrastructure Committee in December 2022, detailing the full appraisal and proposed next steps. Officers will also be arranging an Elected Members seminar prior to the December Committee, which I would encourage Members to attend. 8.3 Grounds Maintenance: Grounds maintenance, including street cleansing operate to predetermined schedules with some reactive work being carried out to respond to issues such as fly tipping and removal of animal carcases form the local road network. Scheduled spring and summer works have been carried out across all areas, grass cutting, weed killing etc. The bedding of plants has commenced where applicable. Grounds staff are often deployed to cut roadside verges which is an activity carried out in the main for road safety reasons. The council is also the litter authority for the trunk road (otherwise managed by Transport Scotland) under the Environmental Protection Act. The Council has 31 play parks across the area. The Scottish Government have awarded around £150k for improvements, which officers are reviewing in terms of implementing improvement works, and working alongside colleagues in Procurement. A further report is scheduled for the December ED&I Committee. 8.4 Electric Vehicle Charging (EVC): Good progress has been made with the Council’s EVC Strategy. Charging has been in place for over a year now. In terms of public use, this continues to increase. The future installation/expansion plan – specific sites and high level criteria – has been to public consultation. The main headline from the consultation is that 75% of those responding support the expansion strategy. The Scottish Government has published a draft vision for EVC development which, among other things, includes a number of options for local authorities to consider in their own expansion plans, from a concession model to public private partnership to local authority-only plans. Officers are currently analysing these different models and how they would or could apply in Argyll and Bute. A further report on EVC will be presented to the Environment, Development and Infrastructure Committee in December 2022. Page 81
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8.5 Climate Change: Addressing Climate Change is a global issue that is hugely reliant on partnership, collaboration and the actions of us all. No single organisation can tackle it in isolation and as a Council we need to show clear leadership and lead by example in all that we do. Officers provided two comprehensive reports to August Policy and Resources Committee on the Council’s Carbon Emissions and Climate Investment, and the Decarbonisation Plan Policy and Resources Committee - Climate Change Update It is encouraging to see that there is a downward trend across the Council in terms of our annual carbon emissions footprint. The most recent national statistics show we have reduced our footprint by a third over the past six years, which is fantastic, but there is no room for compliancy or de-acceleration. Officers monitor this activity and all departments across the Council, including us as Elected Members, have a responsibility to play in monitoring and reducing our carbon emissions. The relative sources of emissions by activity have remained fairly consistent for several years with processing municipal waste being responsible for around half of the entire emissions. Whilst overall all emission sources have reduced the proportions have remained relatively consistent. Future projects like Biodegradable Municipal Waste (BMW) Landfill Ban, switching to greener ways heat and power buildings and fleet replacement with low emissions vehicles will obviously have a significant impact on overall carbon footprint. The Council’s Decarbonisation Plan was adopted in 2021 to support and align to the ‘green recovery’ from the pandemic and much progress has been made to delivering climate commitments. The De- carbonisation Plan sets a three-year framework to continue our climate journey and routemap to net zero. As Policy Lead with responsibility for Climate Change, I will be joining the Council’s Climate Change Board. The Board is chaired by the Head of Commercial Services, and has representations from services across the Council, looking at how the Council will meet its obligations by 2045. Both Audit Scotland and our own Internal Audit team reviewed activities and actions relating to climate chance in August 2022 and there was a ‘high level of assurance’ identified in terms of compliance with relevant statutory obligations and Acts. Officers are continuing to work with partners of the Community Planning Partnership and other Public Bodies in terms of producing a regional Adaptation Plan and scientific based net zero routemap. Page 82
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8.6 Campbeltown Site Visit on 31st August: Campbeltown Flood Prevention Scheme spans across the Policy Lead areas for Roads and Transportation and Environment and Climate Change. On 31st August the Policy Leads and local members met with the delivery team consisting of council officers, contractor Dawson WAM and consultant AECOM. The scheme has a total value of over £15M, 80% of which is funded by Scottish Government and 20% by the Council. We will take forward a number of different pieces of work to address the various causes of flooding in the town. The overall project is in five parts (the order these will be taken forward is being finalised). 9. POLICY LEAD FOR ISLANDS AND BUSINESS DEVELOPMENT- Councillor Liz McCabe 9.1 Introduction: This is my initial Policy Lead Report since being appointed to the role of Policy Lead for Islands and Business Development. Since taking on this role myself and Deputy Lead Councillor Graham Hardie, have met with the Executive Director, together with the Head of Economic Growth and Regeneration Projects Manager to discuss all key service areas within my remit and to gain a further understanding of the current priorities and challenges. We meet every six weeks and they are available should I require any information during that time. Page 83
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9.2 Islands: The Scottish Government (SG) has introduced the Islands (Scotland) Act 2018 and the National Islands Plan (NIP), which identifies 13 strategic objectives for action. In addition, the National Islands Plan Implementation Route Map 2020 – 2025 has also been developed, These documents set out how the Scottish Government (SG), local authorities and other public agencies will work together to improve outcomes for our island communities. As a consequence the Council has been required to provide additional officer resources to ensure engagement and collaboration with the SG, specifically the Islands team, to ensure that we maximise the opportunities for our islands from the NIP and NIP Route map as well as from the associated SG Islands budget that will be available until 2025. Officers sit on the SG National Islands Plan Delivery Group and feed into and work with the SG Islands team and across the council. One of the SG Islands budget streams is specifically available to Scotland’s six local authorities with islands. Please see below Islands Infrastructure fund 2021/22 which was provided directly to the local authority based on population and road length. On 17th December 2021, the SG confirmed Argyll and Bute Council’s share of the funding was £740,000. The grant had to be drawn down before the end of March 2022. Grant contracts for ten community based projects were issued to enable drawdown of funding and officers are now working with them to draw down the individual grants. Islands Programme 2022/23 – This year, rather than a direct allocation, the SG advised that it would be via a competitive process. The four bids listed below were the strongest and were submitted, and decisions on these are expected imminently. 1. Island Airports Resilience and Sustainability project – Coll and Colonsay - £300,000 IP grant request. This represents 100% of the costs. 2. Island Community Halls Digital Hubs – Islay, Iona, Tiree and Coll - £100,000 IP grant request. This represents 100% of the costs. 3. Tobermory Seawall and Railings project - £250,000 IP grant request. Total project costs is £450,000, remaining £200,000 being requested from PBI and CE 2022/23 allocation 4. Kerrera Road project - £357,577.32 IP grant request. Total project cost £557,577.32, £200,000 match from previous CE award. Total IP Grant request £1,007,577.32 Following the announcement that Islay was to be one of six Carbon Neutral Islands projects, officers are working with the Scottish Page 84
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Government to understand what this means, what will be the next steps and associated timelines as well as resources. 9.3 CARS/THI Programmes: Rothesay THI: THI work in Rothesay has been running for three years now and is due to end in March 2023. It has been a great success with many properties benefiting. At the moment work is ongoing on a large building in Tower Street. Following on from Rothesay THI (2011-2016), Rothesay TH is the largest of the four programmes, and is due to complete on 31st March 2023, by which date the combined investment made to the town centre of Rothesay will be £7m. Rothesay TH is funded by National Lottery Heritage Fund, Historic Environment Scotland, Argyll and Bute Council (£300k), Highlands and Islands Enterprise, Smarter Choices Smarter Places and LEADER. Work is ongoing to see the comprehensive repair of the final priority building at 69-71 Victoria Street, which is category C listed and in need of substantial repair. Dunoon CARS: Dunoon CARS is a £2m programme, due to complete on 31st March 2023. Dunoon CARS is funded by HES and the council (£500k). Work is out to tender for the final priority building at 106-110 Argyll Street and hoping to start works on site in September 2022. Lochgilphead CARS: Lochgilphead CARS is a £1.8m programme in its third year. It is funded by HES, the council (£400k) and Private Sector Housing Grant (£186k). Work is ongoing to commence the first priority building to site whilst other projects are being developed Helensburgh CARS: Helensburgh CARS is a £2.4m programme in its second year. This scheme is funded by HES, the council (£327k) and Private Sector Housing Grant (£173k). Work is ongoing to progress priority buildings, small repairs grants and shop front grants – two shop front grants have been applied for – training events have also taken place with one being planned for end September 2022. In addition to the towns above the council has also delivered CARS Projects in Campbeltown and Inveraray. An expression of interest has been submitted to the New Heritage and Place Programme (which will be replacing CARS) for Tarbert. Page 85
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CARS grants have helped to safeguard existing businesses, and new businesses have opened as a consequence of the regeneration, helping to create jobs within the community. Such investment has, and continues to change the physical appearance of our key town centres for the better, making them more attractive places in which to live, work, learn and do business. 9.4 CHARTS (Culture, Heritage and Arts Network for Argyll and Bute) CHARTS have successfully recruited a part time Gaelic Culture Heritage and Arts Officer to input into delivery of CHARTS projects. CHARTS were also successful in their £40K application to the SG Rural and Islands Futures Division to grow creative networks on island communities by supporting youth opportunities and entrepreneurship. Creative individuals and organisations will be encouraged to develop new initiatives such as heritage trails and to develop innovative visitor experiences. A series of opportunities will also offer learning experiences for young people. The programme will include digital events featuring experts that will encourage the pooling of resources and knowledge. As part of the project, a new Islands Officer role will be created and is now open for applications. This new post on the CHARTS staff team will consult arts and heritage practitioners and voluntary groups to promote and support development for island communities, with the aim of increasing interest in the region's valued island culture. 9.5 Film and Creative Industries: Creative industries play a strategic role in Argyll and Bute’s Economic Strategy. The outcome is ‘to raise our profile as a centre for cultural activity and create a vibrant and sustainable creative sector.’ This includes the distribution of a strategic events and festivals budget subject to available resources. Further to the last update the Policy and Resources Committee approved seven applications from across the area namely: Tiree Music Festival, Bute Noir, Argyllshire Gathering Sea Change, Powering Women in Film, Oban Winter Festival, Tarbert Music Festival and Helensburgh Festival of Lights. The Royal Mod which takes place in Oban in 2025 is also funded through this grants programme. The Development and Economic Growth service has been providing a service to the screen industries since 1998 when the film service was initially part of the Scottish Highlands and Islands Film Commission. Core to the service is providing confidential advice and support as a “one stop shop” to the industry through a single point of contact within the Economic Development section. The “one stop shop” supports the production’s needs in many ways including, liaising with other council Page 86
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departments (for road closures, access to land/property including car parks etc.), providing locations to film enquiries, land ownership queries, local knowledge and connecting productions to local services such as Gaelic speakers and community groups. July alone saw ten enquiries and seven productions filming across the area. 9.6 Business Gateway: COVID-19 Response: Two new business support schemes were launched on 19th May 2022 using the Local Authority COVID Economic Recovery funding, administered by the Business Gateway team. The Small Business Development Grant 2022 provides grants to existing businesses of up to £3,000 (75% of eligible costs). As of 9th June 2022, five applications have been received - two were approved, one rejected and two pending decision. The Business Start-up Grant 2022 provides grants to new start businesses of up to £3,000 (paid in 3 instalments). As of 9th June, two applications have been received: one was approved, one pending decision. Officers are working with colleagues in Projects and Regeneration to design an uplift to the above schemes, to provide additional support in areas of greatest need. This will be piloted in Campbeltown, Dunoon and Bute. Uptake of both new funds using the Local Authority COVID Economic Recovery Fund money has been good following promotion in June. As of 17th August, 50% of the Start-up grant allocation has been committed (20 grants approved) and 29% of the Development grant allocation (21 grants approved). At this rate, both funds will be fully committed in advance of year-end. The pilot LACER Top-up is now live and a process agreed for referrals to the Projects and Regeneration team for this, for clients with premises in Campbeltown, Dunoon, Bute and mid Argyll. Business Gateway Local Growth Accelerator Programme (LGAP): The Scottish Government approved a request to extend delivery of the programme to March 2023, with the final claim due by September 2023. Key stats for Business Gateway’s first quarter: 162 enquiries handled 145 Business Advisor meetings (by phone or email) 124 existing businesses supported Page 87
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27 new start-ups supported 18 one-hour specialist advice sessions delivered 103 attendees from Argyll and Bute at national webinars Rolling 12-month customer satisfaction rates at 92% compared to national level of 82% 9.7 Employability Team Activity: Fair Start Scotland: (for 16 to 67-year-olds) - 13 additional starts have signed up to Fair Start Scotland, bringing the total to 302 participants since the service commenced (67 Helensburgh, 72 Campbeltown, 34 Rothesay, 49 Dunoon and 80 Oban). Argyll and Bute Employer Recruitment and Training Incentive (ABERTI): (for 16 to 67 year olds) - Applications for this fund ceased at 31st March. A total of 37 participants and 28 employers were supported. To date 29 participants have completed the 52-week programme and this has funded a total of 91 people into work. 58 of these job starts have occurred during the COVID-19 period. No One Left Behind - Employer Recruitment Incentives (ERIs) 25+ Years: Applications are now invited in respect of the ERIs of up to £6,000 per person. This allows unemployed people aged 25 and over the opportunity to move into permanent or a fixed term employment contracts of up to 18 months or more. This funding has attracted two employers who have recruited one employee each utilising this funding. A further eight places remain. Our Employer Engagement Worker continues to promote this funding. Given the success of the Young Person’s Guarantee pre-employability support programme delivered by three of our Local Employability Partners, we have extended this support to include 46 No One Left Behind participants aged 25 and over. Up to 30th June 2022 a total of 23 participants aged over-25 have been supported. Of these, one is in employment and the rest continue to receive support. Partners have encountered a lack of referrals in this age group. Parental Employability Support Fund (PESF) - Employer Recruitment Incentives (ERIs) 25+ Years: Applications are now invited in respect of the ERIs of up to £6,000 per person. This allows unemployed people aged 25 and over the opportunity to move into permanent or a fixed term employment contracts of up to 18 months or more. To date no one has accessed this funding, the one place previously reserved did not proceed as planned. All ten places remain available, our PESF Engagement Workers continue to promote this funding to parents they support. Page 88
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9.8 Digital: The £463m Digital Scotland Superfast Broadband (DSSB) programme has connected over 950,600 premises to fibre broadband – over 110,000 premises more than originally anticipated. 95% of premises across Scotland are now able to access fibre broadband – up from just 59% in 2014. Due to the rurality of Argyll and Bute and the dispersed population we are the fourth lowest of Scotland’s 32 local authorities. It has always been the Scottish Government’s aim to provide every premise in Scotland with access to Superfast Broadband (SFB) so the Reaching 100% (R100) was developed and supported by a £600M commitment to connect the final 5%. Scotland was split into three procurement lots - South, Central and North. Most of Argyll and Bute is in the North Lot with most of Helensburgh and Lomond in the Central Lot. Across Argyll and Bute there are 8,625 premises in the main contract with a further 4,016 eligible for SBVS, however a number of the premises not in scope may be connected as a result of “overspill” or commercial deployment. All of these 8,625 premises are to get a Fibre to the Premise (FTTP). This is true fibre broadband. Over the next few years people will be migrated from a FTTC connection to an FTTP connection as it becomes available. Current stats: 93.7% Argyll and Bute premises connected to the fibre network 85.2% can access speeds >30Mbps 0.8% are between 24 and 30 Mbps 2.6% are between 15 and 24 Mbps 1.9% are between 10 and 15Mbps 6.2% are between 2 and 10Mbps 3.4% are below 2Mbps Full Fibre availability is currently at 4.2% 10. CONCLUSION 10.1 This report provides members with an update on each of the Policy Lead portfolios. Policy Lead Councillors will be happy to discuss any particular issues with colleagues as required. Argyll and Bute Council – Policy Lead Councillors Report – 21st September 2022 For further information please contact Aileen McNicol, Leadership Support and Member Services Manager, telephone 01546 604014 or email aileen.mcnicol@argyll-bute.gov.uk Page 89
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ARGYLL AND BUTE COUNCIL COUNCIL 29th September 2022 POLITICAL MANAGEMENT ARRANGEMENTS 1. INTRODUCTION 1.1 Councillor John McAlpine, who represented Ward 2, Kintyre and the Islands, very sadly passed away on Monday 18th July 2022. His passing results in a number of vacant positions within the council, on its committees and various external organisations to which Cllr McAlpine was appointed by the Council. 1.2 Councillor Ross Moreland, who was appointed as the council’s representative on KIMO (Kommuners International Kiljorganisation) has indicated that he no longer intends to take up the appointment. 1.3 Councillor Graham Hardie, who was nominated as one of the council’s two representatives to the Loch Lomond and the Trossachs National Park Authority Board, has advised that he is no longer able to take up this appointment. 1.4 The council is invited to consider what action it wishes to take in light of the above vacancies. 2. RECOMMENDATIONS 2.1 The council is invited to consider what action it wishes to take in light of the vacancies on council committees and external organisations arising from the sad passing of Councillor John McAlpine. A full list of these appointments is set out at paragraphs 3.1, 3.2 and 3.3. 2.2 The Council is asked to appoint one representative to KIMO (Kommuners International Kiljorganisation). 2.3 The Council is asked to nominate one representative to the Loch Lomond and the Trossachs National Park Authority Board, noting that final appointments to this body are determined by Scottish ministers. Page 91 Agenda Item 7
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3. DETAIL 3.1 Council Roles Councillor John McAlpine was appointed to the following council roles at the first meeting of the council on 19th May 2022: a) Policy Lead for Community Planning and Corporate Services b) Depute Policy Lead for Economy and Rural Growth c) Chair of the Mid Argyll, Kintyre and the Islands Area Committee 3.2 Committee Vacancies As a result of Councillor McAlpine’s sad passing, there are now vacancies on the following council committees: a) Policy and Resources Committee b) Environment, Development and Infrastructure Committee c) Argyll and Bute Harbour Board d) Employee Joint Consultative Committee e) Local Negotiating Committee for Teachers 3.3 Appointments to External Organisations Councillor McAlpine had been appointed as a council representative to the following external organisations: a) Live Argyll Board (external organisation) b) West of Scotland European Forum (statutory body - main representative) 3.4 Area Committee Appointments As one of the three councillors elected to represent Ward 2, Kintyre and the Islands, Councillor McAlpine was appointed to Islay and Jura Community Enterprise Ltd at the Mid Argyll, Kintyre and the Islands Area Committee meeting on 8th June 2022. This note is provided for the council’s information only, with no action required at this stage, as this appointment is one of those made at Area Committee level, and is likely to be picked up at the next appropriate Area Committee meeting following the Ward 2 by-election on 29th September 2022. 3.5 KIMO (Kommuners International Kiljorganisation) KIMO campaigns on marine pollution issues affecting coastal communities, exchanging information on effective public pollution, clean- up operations and sustainable development. It has 128 members from ten European communities and lobbies national governments, the European Commission and others to take effective actions on issues affecting northern seas. Page 92
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KIMO in the UK is co-ordinated by Shetland Islands Council, which has requested that member councils appoint one representative each for the 2022 to 2027 local government term. Councillor Ross Moreland, who was initially appointed at the meeting of the Council on 30th June 2022, has indicated that he no longer intends to take up the appointment and there is therefore an opportunity to make an alternative appointment. 3.6 Loch Lomond and the Trossachs National Park Authority Board The Council is entitled to nominate two members to the Loch Lomond and the Trossachs National Park Authority Board, and at least one must be a local member – either living in, or representing a ward within, the National Park. Membership of the Board is a Scottish Government appointment and any new appointments are subject to ministerial approval. Councillor Graham Hardie, who was nominated for one position at the meeting of the Council on 19th May 2022, has advised that he is no longer able to take up this appointment. The Council is invited to make an alternative nomination which will be submitted to Scottish ministers for approval and, subsequently, appointment to the Board. 4. CONCLUSION 4.1 This report outlines a number of vacancies both within the council and on external organisations arising from the sad death of Councillor John McAlpine. It also notes the request to make an appointment to KIMO (Kommuners International Kiljorganisation) and the requirement to make a new nomination for appointment to the Loch Lomond and the Trossachs National Park Authority Board, with final appointment to that body subject to ministerial approval. 5. IMPLICATIONS 5.1 Policy – Appointments to outside organisations are in keeping with the Council’s commitment to working in partnership with other agencies to benefit the people and communities of Argyll and Bute. 5.2 Financial – The Council will incur costs arising from Elected Members’ participation in some meetings, except where the body has its own allowances scheme. Page 93
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5.3 Legal – None 5.4 HR – None 5.5 Fairer Scotland Duty - None 5.5.1 Equalities - protected characteristics – None 5.5.2 Socio-Economic Duty - None 5.5.3 Islands - None 5.6 Climate Change - Participation in KIMO provides an opportunity for the council to participate in a wider environmental discussion forum and share ideas/good practice. 5.7 Risk – None 5.8 Customer Service – None Douglas Hendry Executive Director with responsibility for Legal and Regulatory Support 4th August 2022 For further information please contact Aileen McNicol, Leadership Support and Member Services Manager, on 01546 604014 or by email on aileen.mcnicol@argyll-bute.gov.uk Page 94
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ARGYLL AND BUTE COUNCIL COUNCIL LEGAL AND REGULATORY SUPPORT 29 SEPTEMBER 2022 COUNCIL CONSTITUTION REVIEW 1.0 INTRODUCTION 1.1 This report presents the annual review of the Council Constitution for Members consideration and agreement. 2.0 RECOMMENDATIONS 2.1 The Council is invited to agree to the adjustments to the Constitution as set out in Appendix 1. 3.0 DETAIL 3.1 The proposed changes to the constitution are driven generally by incorporating updates in respect of decisions previously agreed by Council since the last review, updated terminology and changes in legislation and operation that require to be reflected in the constitution. These proposed changes are set out in Appendix 1. 3.2 In addition to the annual review amendments to the Constitution will be considered in the event of any potential alterations to operational and procedural requirements. 4.0 CONCLUSION 4.1 The proposed changes will address issues arising since the last revision in September 2021. 4.2 Council is recommended to agree the adjustments to the Constitution as outlined in Appendix 1 to ensure the Constitution remains up-to- date and facilitates the operation of regulatory functions. 5.0 IMPLICATIONS 5.1 Policy – These revisions will keep the Constitution up to date. 5.2 Financial - None 5.3 Legal - None 5.4 HR - None Page 95 Agenda Item 8
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5.5 Fairer Scotland Duty - None 5.5.1 Equalities – protected characteristics – The provisions have no adverse impact in terms of equality issues and have the potential to enhance accessibility in respect of remote participation proposals. 5.5.2 Socio-economic Duty - None 5.5.3 Islands - None 5.6 Risk - None 5.7 Customer Service - None Douglas Hendry - Executive Director with responsibility for Legal and Regulatory Support Policy Lead - 1 September 2022 For further information contact: David Logan, Head of Legal and Regulatory Support, Kilmory, Lochgilphead Tel: 01546 604322 APPENDICES Appendix 1: Review of Constitution 2022 – Summary of Key Changes Page 96
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Review of Contract Standing Orders 2022 – Summary of Key Changes Appendix 1 Reference – Current Constitution Part A Reference – Current Constitution Part B - Standing Orders for Meetings Reference – Current Constitution Part C - Scheme of Delegation Reference – Current Constitution Part D - Financial and Security Regulations Reference – Current Constitution Part E (1) Contract Standing Orders - page & paragraph detail version October 2021 Reference – Current Constitution Part F - Ethical Framework Proposed amendment Part C Scheme of Delegation Page 64 2 .1.5 (4) Area Committees Delete this paragraph to align with the powers of the Council and the delegations to directors Part C Scheme of Delegation Page 71 Para 2.5.3 (a) PPSL Amend this paragraph to enable the PPSL to determine applications which have been subject to a pre- determination hearing for (1) a major development which would be a significant departure from the development plan; or (2) a National development to align with alteration in legislation removing requirement for these to be determined by Full Council. Part C Scheme of Delegation Page 78 2.8.1 Appeals committees Delete this paragraph to align with ACAS guidance to allow for single appeal stage Part C Scheme of Delegation Page 82 para 3.2.9 General delegations to Officers Delete this paragraph to align with the powers of the Council and the delegations to directors EXECUTIVE DIRECTOR with Responsibility for Legal and Regulatory Support and Commercial Services Delegations will be reviewed to update language to reflect statutory updates and rearrange order as appropriate. Add at appropriate section of delegations 1. To approve Market Value disposals, acquisitions, leases, sub-leases, assignations, licences, variations, extensions, rent reviews and agreements (including rent free periods) for property both from and to the council. 2. To approve less than Market Value disposals, acquisitions, leases, sub-leases, assignations, licences, variations, extensions, rent reviews and agreements (including rent free periods) where the reduction is equated with works / contributions / community benefit being made by the tenant; or where the Market Value is restricted by conditions within the agreement; and in any case in regard to disposals, only in the case where the best consideration that can be reasonably obtained is Page 97
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These have already been agreed by PPSL less than the threshold or marginal amounts as set out in the Local Gov (Sc) Act 1973 and consequent regulation. 3. To enter into wayleaves, servitudes and leases with statutory bodies and other providers of utility services who require rights over property for a particular purpose. 4. To terminate leases sub-leases, licences and agreements and take appropriate action to regain or surrender possession of the property. To allow the surrender of leases where a business intends to expand into larger council premises or where a business runs into trading difficulties. 5. To maintain and update list of wheelchair accessible vehicles for licensed taxis and private hire cars within the Council’s area for the purposed of section 165 of the Equality Act 2010 and to consider and determine where medical evidence has been produced applications for exemptions from drivers’ duties under section 165 of the Equality Act 2010 6. in consultation with the Chair and Vice Chair of the PPSL Committee, to immediately suspend a licence in terms of paragraph 12(1) of Schedule 1 of the Civic Government (Scotland) Act 1982 if they determine that the circumstances of the case justify immediate suspension, on the grounds of undue public nuisance or a threat to public order or public safety. Part C Scheme of Delegation Page 83 Add delegation where appropriate Chief Executive To make arrangements to fulfil the Council’s duties in terms of the Counter Terrorism Act 2015 and to nominate and appoint officers to any required role or function in that regard. Part C Scheme of Delegation Page 84 1 Remove reference to sections 40 and 223 Part C Scheme of Delegation Page 84 3 Split into two separate paragraphs to read: To determine applications for charitable collections under section 119 of the Civic Government (Scotland) Act where no objections are received To determine applications for public processions under section 63 of the Civic Government (Scotland) Act where no objections are received Part C Scheme of Delegation Page 84 4 Amend to read: To maintain a panel of representatives for appointment in connection with the interests of any child in connection with any proceedings before the Sheriff, in terms of the Curator ad Litem and Reporting Officers (Panels)(Scotland) Regulations, and to determine fees in accordance with Council policies. Part C Scheme of Delegation P85 5 Remove reference to section 19 Part C Page 85 Remove ‘s 1976 and’ Page 98
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Scheme of Delegation 7 Part C Scheme of Delegation Page 86 18 Remove Part C Scheme of Delegation Page 87 29 Amend Paragraph to read: To undertake all building maintenance work within approved expenditure either by directly employed staff direct labour or by the use of maintenance contractors subject to the provisions of the Contract Standing Orders. Part C Scheme of Delegation Page 87 39 Amend Preliminary, Extent and Application, Clause 1.1.4 to read: To carry out the functions of the Council as Education Authority in relation to the provision of education for children or young people with additional support needs in terms of the Education (Additional Support for Learning) Scotland Act 2004. Part C Scheme of Delegation Page 88 47 Replace the Children (Performances) Regulations 1968 with the Children (Performances and Activities) (Scotland) Regulations 2014 Part C Scheme of Delegation Page 89 55 Insert ‘and School Education (Amendment) (Scotland) Act 2OO2’ after Scotland’s Schools Act 2000 Part C Scheme of Delegation Page 90 67 Remove ‘Community Learning and Development’ Part C Scheme of Delegation Page 91 (c) Insert ‘The Chief Officer of Health and Social Care is authorised, in accordance with any policy approved by the Council –‘ below CHIEF OFFICER – HEALTH AND SOCIAL CARE Part C Scheme of Delegation Page 91 1 Amend to read: To act as, or manage a suitably qualified officer as, Chief Social Work Officer, in terms of Section 3 of the Social Work (Scotland) Act 1968, for the purposes of the Council’s functions under the: (a) Social Work (Scotland) Act 1968; (b) The enactments in Section 5(1B) of the same Act; (c) The Adults with Incapacity (Scotland) Act 2000; and (d) Duties or powers bestowed upon a Chief Social Work Officer under any other Act or regulation enacted from time to time by the UK or Scottish Parliament. Part C Scheme of Delegation Page 91 1(i) Immediately below amended paragraph 1, but before sub paragraph (i) insert To designate the Chief Social Work Officer to act as the proper Officer, in accordance with any policy approved by the council: Page 99
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Amend subparagraph (i) to read: To promote social welfare by making available advice, guidance and assistance under Section 12 of the 1968 Act, on such a scale as may be appropriate for its area. The delegation in terms of this Section shall include authority: (a) to make loans or grants to any person or family; (b) to give any other appropriate assistance, including provision for the storage of property in cases of emergency. Part C Scheme of Delegation Page 91 1(ii) Amend to read: To assist in the disposal of produce of work undertaken by persons in need under Section 13 of the 1968 Act. Part C Scheme of Delegation Page 91 1(iii) Amend to read: To provide care at home and laundry facilities for persons in need, etc. under Section 14 of the 1968 Act. subject to the recovery by the Executive Director on the appropriate scale as may be determined by the Council; but subject also to the Executive Director being empowered to abate or waive care at home/home help charges to avoid hardship according to the personal and financial circumstances of the client. Part C Scheme of Delegation Page 91 1(iv) Amend to read: To receive and keep in care in certain circumstances any child in need under Section 17 and 25 of the 1995 Act. Part C Scheme of Delegation Page 92 1(v) Amend to read: To make an application for a permanence order in respect of a child under Section 80 of the Adoption and Children (Scotland) Act 2007. Part C Scheme of Delegation Page 92 1(vi) To ensure that, in reaching any decision relating to a child in the care of the Council, consideration is given to Section 17 of the 1995 Act. Part C Scheme of Delegation Page 92 1(vii) Amend to read: To provide accommodation for a looked after/care experienced child in certain circumstances, under Section 25 of the 1995 Act. Part C Scheme of Delegation Page 92 1(viii) Amend to read: To provide accommodation under Section 26 of the 1995 Act for a child looked after by the Council and to remove any child from a residential establishment under Section 32. Part C Scheme of Delegation Page 92 1(ix) Amend to read: To grant financial assistance to persons who meet the criteria set out in Section 30 of the 1995 Act, to enable them to meet expenses in connection with their accommodation, maintenance, education or training, in accordance with Section 30. Part C Scheme of Delegation Page 92 1(x) Amend to read: To provide aftercare under Section 29 of the 1995 Act in respect of any child who meets the criteria therein. Page 100
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Part C Scheme of Delegation Page 92 1(xi) Amend to read: To make arrangements for the burial or cremation of any person where the criteria under Section 87 of the Burial and Cremation (Scotland) Act 2016 are met, The Council may recover expenses incurred under this section from the estate of the deceased. Part C Scheme of Delegation Page 93 1(xii) Amend to read: To pay the expenses incurred in attending a funeral where the criteria set out in Section 88 of the Burial and Cremation (Scotland) Act 2016 are met. Part C Scheme of Delegation Page 93 1(xiii) Amend to read: To give effect to a compulsory supervision order made by a Children’s Hearing for its area under Section 144 of the Children’s Hearing (Scotland) Act 2011. Part C Scheme of Delegation Page 93 1(xiv) Replace ‘supervision requirement’ with ‘compulsory supervision order’ Part C Scheme of Delegation Page 93 1(xv) Amend to read: To seek review by a Children’s Hearing of a compulsory supervision order, in certain circumstances, under Section 131 of the Children’s Hearings (Scotland) Act 2011. Part C Scheme of Delegation Page 93 1(xvi) Remove ‘in accordance with the policies of the council’ Part C Scheme of Delegation Page 93 1(xvii) Replace ‘furniture’ with ‘property’ Part C Scheme of Delegation Page 93 1(xviii) Insert ‘s. 32 of’ after ‘in terms of’ Part C Scheme of Delegation Page 93 1(xix) Replace ‘handicapped persons’ with ‘disabled persons’ and remove ‘and in accordance with the policies of the Council’ Part C Scheme of Delegation Page 93 1(xxi) Remove ‘as Care Authority’ Part C Scheme of Delegation Page 94 1(xxiv) Remove ‘in accordance with Council policies’ Part C Scheme of Delegation Page 94 1(xxvii) Amend to read: To authorise the Chief Officer – Health and Social Care to make direct payments in terms of the Social Care (Self-directed Support)(Scotland) Act 2013 and any further provisions made by the Scottish Ministers in terms of s. 15 of that Act to an eligible supported person for the purpose of enabling the person to arrange for the provision of support by any person. Part C Scheme of Delegation Page 94 2 Insert ‘, in accordance with any policy approved by the Council’ before ‘in relation to the Council’s functions’ Part C Scheme of Delegation Page 94 2(ii) Replace with Criminal Procedure (Scotland) Act 1995 s. 42 Page 101
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Part C Scheme of Delegation Page 94 2(vii) Replace with Sections 51 and 217 of the Criminal Procedure (Scotland) Act 1995 and s. 14 of the Criminal Justice and Licensing (Scotland) Act 2010 Part C Scheme of Delegation Page 94 2(x) Remove Page 96 Para L10 Executive Director with responsibility for Development and Economic Growth Delegations will be reviewed to update language to reflect statutory updates and rearrange order as appropriate. Para L10 is modified to include an exception to the requirement to PPSL determination where a Submission under S75A relates to either: (i) A planning obligation which has become obsolete either by means of being related to an expired and unimplemented planning permission; or (ii) where the terms of planning the obligation can be demonstrated to have been met in full and where there is no longer term requirement (i.e. road safety, site restoration, ongoing management of land) for the burden on the land being retained. Page 97 para L22 (a)11 Delete the word “no” where it appears to correct typographical error Part E The Constitution Contract Standing Orders Page 177 prior to the heading “ Preliminary” insert new Section headed “Definitions “ To add the following DEFINITIONS “Authorised Signatory” means an authorised signatory of the Council in terms of the Contract Standing Orders as more particularly described in the Authorised Signatories for Contracts List “Category Manager” means the manager of a particular category of contract for the categories Corporate & Education; Construction & Environment and Care & Housing ; “Contract Owner” means an officer from the Relevant Service who is responsible for the management of the Contract Call-Off Contract’ means the terms and conditions under which specific purchases can be made under a Framework Agreement and/or a DPS and/or an arrangement established in terms of the light touch regime ‘DPS’ means a dynamic purchasing system as defined in the European Procurement Regulations; ‘Framework Agreement’ means an agreement which sets out terms and conditions under which specific purchases (Call-Off Contracts) can be made throughout the term of the agreement ‘Portal” means the national portal established and maintained by Scottish Procurement for the purpose of Page 102
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publicising: (i) the seeking of offers, and (ii) the award of contracts, which may be found at http://www.publiccontractsscotland.gov.uk. “Procurement Manual” means the Council’s procurement manual which sets out the procurement processes, templates and guidance which the Council requires to utilise when carrying out a public procurement. ‘Procurement Process’ means a procurement process approved by the Council’s Procurement Board and/or set out in the Procurement Manual in relation to the conduct of a procurement exercise ‘Procurement Regulations’ means the Public Contracts (Scotland) Regulations 2015, the Procurement (Scotland) Regulations 2016, the Procurement Reform ( Scotland ) Act 2014 or such other Regulations as may be in force from time to time Regulated Procurement’ has the meaning defined in the Reform Act and mmeans contracts of or over £50k in value excluding VAT for goods and services and £ 2m for works ( excluding VAT let by public sector ‘Reform Act’ means the Procurement Reform (Scotland) Act 2014 and any new legislation amending, substituting or replacing that Act "Relevant Service" means the service department of the Council with the particular operational requirement in any individual case for supplies, services or works on behalf of the Council (or for the disposal of surplus materials). “SGN” means Supplementary Guidance Note forming part of the Procurement Manual “SPPNs” means Scottish Public Policy Notes issued by the Scottish Government Part E The Constitution Page 177 after the heading PRELIMINARY at para 1 add new Headings “General “ and “Compliance with “General Principles” and “Scots Law” and “Extent” at consecutive paragraphs 1.1.;1.2 , 1.3 and 1.4 Amendment to add new headings added for ease of reference and Preliminaries amended to include the extent of the application of the standing orders Part E The Constitution Page 177 At para 1.7 add new heading “ Procurement Manual “ Add new heading for Procurement Manual for ease of reference and paragraph revised to include provision for reference to Supplementary Guidance Notes ( SGNs ) which form part of the Procurement Manual Part E The Constitution Page 178 add new paras 1.8 headed Compliance with Procurement Strategy And 1.9 ( and following 1.9.1 and 1.9.2 ) new para headed Compliance with Sustainable Procurement Duty Amendment to include reference to The Procurement Strategy & reference to Sustainable Procurement Duty and Fair Work Practices Page 103
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Part E The Constitution Page 178 add new para 1.10 headed “ Internal Arrangements “ Amendment to clarify compliance with standing orders, scheme of delegation, procedures and financial regulations Part E The Constitution Page 178 at para 2.1 Amendment of Section headed Contract Register expanded to reflect obligation to maintain and publish the Contract Register Part E The Constitution Page 178 add new paras 3.1 and 3.2 “ Regulatory Thresholds “ and “Local Thresholds “ Amendment provides clarity on the relevant thresholds for compliance with these standing orders and the procurement regulations. Part E The Constitution Page 178 above para 3.3 add new heading general heading “Public Contracts” and new para 3.6 standardised processes and new 3.7 headed “Community Benefits” New headings for ease of reference and new para 3.6 cross refers to the guidance and templates supplemental to the Procurement Manual and new para 3.7 to ensure compliance with the Procurement Reform Act on community benefits Part E The Constitution Page 179 add new headings at 4. “Contract Management “ and sub heading “ Form of Contract” and new sub heading and paragraph at 4.2 “Signing “ Amendment to provide clarity on scheme of delegation for authorised signatories Part E The Constitution Page 179 new 4.3 headed Contract Modification and new sections under the same heading 4.4/ 4.5/4.5.1 Amendment to make the Contract Standing Orders consistent with the Procurement Regulations and processes/templates for managing change during the life of a contract; requirements to have a written variation signed per the scheme of delegation and obligations to include variations in Contract Register to record variations/modifications Part E The Constitution Page 179 new para 4.6 heading “Termination of Contract “ and 4.7 Amendment to make the Contract Standing Orders consistent with the processes/templates for termination of contracts to manage the risk of early termination and provide an audit trail of decision making and recording in the Contract Register Part E The Constitution Page 179 new para 4.8 “ Best Value “ Amendment to reflect obligations from the Local Government Scotland Act 2003 and the Procurement Reform Act Part E The Constitution Page 179 new para 4.9 & 4.10 “Guidance Notes- SGNs and SPPNS” Amendment to clarify that when entering a contract officers must have due regard to Scottish Government ( SG) Guidance to include any Guidance issued by the Manager of PCCMT approved by Head of Legal and Regulatory Support– the SG from time to time issue policy notes which are in turn approved and issued via the Procurement Board and this is to ensure our processes reflect all current and relevant guidance and national best practice Part E The Constitution Page 179 renumber current para 4 as 5 headed add new heading CONTRACT TERMS Amendment to add additional headings for ease of reference Part E The Constitution Page 179 at para 5.4 Indemnities and Contract Security Amendment to Indemnities clause :clarifications added and expanded sub para 5.4.5 to clarify levels and types of indemnity required for Council contracts and to clarify requirements for security on any contract can include parent company guarantee or performance bond Page 104
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Part E The Constitution Page 180 – Specification and Standards has been re-numbered from par 7.1- 7.3 and is no 5.5-5.7 See below ** Content remains the same Part E The Constitution At page 181 after new “prevention of fraud” subheading section 5.8 add new heading “Contract Payment and Other Provisions “ at para 5.9 Amendment to include a section which clarifies that The Council’s agreed credit period is thirty (30) days. And that payment of valid undisputed invoices will be made by the Council within thirty (30) days of the date of the invoice issued on or after delivery of the Goods or performance of the Service. The Contractors are to include a similar clause is included in any sub contract or any sub-sub contract Part E The Constitution Formerly number 9 on page 181 – Engagement of Consultants is now re- numbered as clause 6 – appearing after equal opportunity in employment - equalities See below ** Content remains the same Part E The Constitution Throughout Standing Orders Numbering of existing clauses changed where required to correspond to proposed new clauses and headings ** Part E The Constitution Throughout the Contract Standing Orders Substitute the Standing Orders to these Standing Orders Part F (3) Ethical Framework Employee Code of Conduct The code of conduct has been revised to ensure that they are fit for purpose or have been enhanced with additional guidance or information where needed. This will ensure that it is clearer to employees what is expected of them and what behaviour may constitute a breach. This will also ensure that when it comes to considering whether behaviour has fallen short of the Employee Code of Conduct during a grievance or disciplinary investigation that the Council has reduced the risk of any ambiguity regarding these issues. The detail can be reviewed in the amended Employee Code of Conduct included at Appendix 2 where revisals have been highlighted. Part F (3) Ethical Framework Employee Code of Conduct Page 2 Amendment to contents page to reflect the re-ordering and addition of the sections. Part F (3) Ethical Framework Employee Code of Conduct Page 3 Addition of “The Council’s Code of Conduct is one of the ways we put the Council’s values into practice. It is built around the recognition that everything we do in connection with our work at the Council will be measured against these standards of conduct. Our commitment to these high standards helps us to recruit and retain great people and provide great public services” in 1.0.2 reordered to 1.2 Part F (3) Ethical Framework Employee Code of Conduct Page 3 Reorder of 1.0.2 “This Code sets out the minimum standards of conduct that are expected of you as an Argyll and Bute Council employee. These standards are the benchmark against which your behaviour will be assessed in the event of a complaint being made” moved to 1.4 Part F (3) Ethical Framework Employee Code of Conduct Page 3 Reordered 1.0.3 to be 1.3 and wording amended to read “The code’s purpose is to provide clear and helpful advice to employees on the standards of behaviour expected of them to avoid any breach of the Code of Conduct”. Section 1.0.3 “The Code does not affect your rights and responsibilities under the law” moved to 1.5. Addition of “It is important to use good judgement in Page 105
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everything you do and to ask for help if you are ever unsure about the right course of action.” In 1.5. Part F (3) Ethical Framework Employee Code of Conduct Page 3 Section 1.0.4 amended to read “There are a number of Council wide and service level policies and procedures which provide more detail on expected practice and conduct. Council Wide policies are referred to at the end of this document” and moved to section 1.6. Addition of “The Code is intended to complement all of these requirements and does not replace them” Part F (3) Ethical Framework Employee Code of Conduct Page 3 1.0.5 reordered to 1.8 1.0.6 reordered to 1. 7 1.0.7 reordered to 1.8 Part F (3) Ethical Framework Employee Code of Conduct Page 5 Section “The Local Government Ombudsman will use the National Code as a benchmark of good practice where a complaint of maladministration has been made” moved to section 1.9 Section “The Council also has a Scheme of Delegation to Officials and Scheme of Proper Officer Appointments to ensure that the business of the Council is conducted with the law and proper standards, that money is safeguarded and properly accounted for and is used in such a way as to secure and demonstrate Best Value” is moved to section 1.10 Part F (3) Ethical Framework Employee Code of Conduct Page 5 Addition of extract from Disciplinary Procedures and Code of Practice outlining behaviours that may be considered misconduct and gross misconduct (sections 3.2 – 3.4) Part F (3) Ethical Framework Employee Code of Conduct Page 5 Section 3.2 - reordered to section 8 Addition of Section 8.1 Employees, Workers and others outlining standards of behaviour expected. Removal of Section 3.2.1.1 “You may have contact with members of the public as users of services, clients or citizens. You should always be courteous and helpful. You should deal fairly, equitably and consistently with each member of the public, and you must follow the Council’s Equality and Diversity Policy” Addition of Section 8.3 Pupils, Students and Service Users outlining the standards of behaviour expected. Addition of Section 8.4.3 under Elected Members “You must not approach Councillors on employment matters and Councillors via their own code should decline to discuss such issues. Employment maters should be raised with either your line manager, Human Resources or your Trade Union representative” Part F (3) Ethical Framework Employee Code of Conduct Page 5 Section 3.3 – reordered to section 19 Addition of sections 19.1 – 19.2.4 which outlines more detail on employee responsibilities in relation to illegal and prescription drugs. Part F (3) Ethical Framework Employee Code of Conduct Page 6 Section 3.4 – reordered to section 5 Addition of 5.1 “If you are charged or convicted of any criminal offence you must inform your Executive Director immediately” Page 106
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Addition of 5.4 “See also section – Recruitment & Other employment matters for information on Criminal Convictions and their impact on recruitment decisions” Part F (3) Ethical Framework Employee Code of Conduct Page 6 Section 3.5 – reordered to section 11 Addition of sections 11.1 – 11.3 as extracts from the Anti Fraud Strategy. Removal of 3.5.1 “The Council can offer advice and support to any employee who is experiencing difficult in making payments or with general debt issues. Employees’ requiring support should contact their line manager in the first instance. The employee Assistance Programme can also provide advice on debt” Section 3.5.3 moved to section 20 Part F (3) Ethical Framework Employee Code of Conduct Page 6 Section 3.6 – reordered to section 6 Addition of bullet point under section 6.3 “Political symbols, offensive images or messages/slogans must not be worn or displayed” Part F (3) Ethical Framework Employee Code of Conduct Page 7 Section 3.6.3 – reordered to section 8.5 Section 3.7.2 & 3 moved to Section 4 Removal of section 3.7.1 “As a Council employee you must not allow any private interest to influence your decisions at work and you must not use your position to further your own interests or the interests of others who do not have a right o benefit under the Council’s policies.” Addition of Sections 8.5.1 – 8.5.6 Contractors Suppliers Relationships. Part F (3) Ethical Framework Employee Code of Conduct Page 7 Section 3.7 – reordered to section 4 Addition of 4.3 “You must ensure that where a direct or indirect interest and/or conflict arises, you declare your interest to your line manager and consider with your manager whether you will withdraw from any subsequent discussion on the issue in question” Addition of 4.4 “During the hours of service required my your employment you must devote your whole time and energies to your Council duties. With regard to you Council employment you are not permitted to receive any financial payment of benefit not specified in your contractual terms” Part F (3) Ethical Framework Employee Code of Conduct Page 8 Section 3.8 – reordered to section 12 Addition of section 12.3 “During the course of your work, you are likely to have access to information that is sensitive, private and confidential. You must recognise the importance of confidentiality. Unless required by law; you must not disclose information concerning any member of staff, councillor, service user or customer’s private affairs to any person not employed by the Council and/or to any person not reasonably entitled to know. You must first obtain express consent from the individual and/or their guardian and/or the relevant line manager explaining your reasons for the disclosure. It is a breach Page 107
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of trust to use confidential information for personal advantage or the advantage of anyone you know” Addition of Section 12.4 “You must not pass on any confidential knowledge or information you may have gained during your work with the Council” Addition of Section 12.9 “All confidential information and equipment you hold due to your employment must be returned to the Council before the end of your employment, or if that employment ends without notice, immediately after its end”/ Part F (3) Ethical Framework Employee Code of Conduct Page 9 Section 3.9 – reordered to section 16.5 Addition of 16.5.2 “If your line manager agrees this is appropriate written approval should be obtained and sent to HR”. Addition of 16.5.3 “For Executive Managers/Directors written permission must be sought form the Chief Executive. The Chief Executive must seek advice/guidance from the Leader of the Council before undertaking additional paid employment” Addition of 16.5.5 – 16.5. 8 details the arrangements for sickness absence when working two posts and clarifies that voluntary work does not apply. Part F (3) Ethical Framework Employee Code of Conduct Page 10 Section 3.10 – reordered to section 7 Removed 3.10.2 “do not accept any gift, hospitality or service from anyone which would, or might, place you under obligation.” Removed 3.10.3 “you must follow these rules for declaring offers of gifts or hospitality and follow the current procedures for having any offers authorised by seeking agreement of your Head of Service or Executive Director. Where you view the value of the offer to be more than a token, consult with your line manager.” Removed 3.10.4 “All offers with an estimated value of more than £25 should be registered whether accepted or not which creates a record of the offer having been made and what response was given” 3.10.7 moved to section 11.5 Addition 7.2 – “If you are given a gift or offer of hospitality or service which are unable to accept then you must politely explain your requirement to adhere to the code” Addition 7.4 “You should not accept repeated hospitality or frequent personal gifts from the same person or organisation” Addition 7.5 “All cash or monetary gifts must be respectfully refused, explaining your requirement to adhere to this Code., If the individual insists then alternatives may be suggested such as charitable donations” Addition 7.6 “If you know or suspect that you may be a beneficiary of a service user’s will, you must notify your line manager and advice must be sought from Governance and Law. The same applies if you are Page 108
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approached to be a witness or executor of a service user’s will” Addition 7.8 “If through the course of your work you require to arrange or host a hospitality event you must follow these same principles and the event must be proportionate to the circumstances and be mindful of value for money principles” Addition 7.9 “When attending hospitality events you must remember that you are there as an ambassador of the Council and conduct yourself appropriately” Part F (3) Ethical Framework Employee Code of Conduct Page 10 Section 3.11 – reordered to section 15 Addition of sections 15.2 regarding use and safe keeping of council equipment; 15.3 on use of council internet and email services and 15.4 on use of personal mobile phones during working time. Addition of section 15.8 advising that all council resources must be returned at the end of employment. Part F (3) Ethical Framework Employee Code of Conduct Page 11 Section 3.12 - reordered to section 16.1 Removed section 3.12.1 and replaced with “The Council has a Guide to Recruitment and you are expected to follow this policy (copies are available from Customer Support Services and on the Hub. All appointments must be made on the basis of merit”. Part F (3) Ethical Framework Employee Code of Conduct Page 11 Section 3.13 – reordered to section 13 Part F (3) Ethical Framework Employee Code of Conduct Page 11 Section 3.14 – reordered to section 16.4 Addition of section 16.4.3 “Whether or not your post is politically restricted, you must follow every lawful expressed policy of the Council and must not allow your personal or political opinions to interfere with your work. You must not display political slogans in the course of your work and must not distribute political information/material using Council resources including time” Part F (3) Ethical Framework Employee Code of Conduct Page 12 Section 3.15 – reordered to section 9 Section 3.15.1 moved to 12.6 Part F (3) Ethical Framework Employee Code of Conduct Page 13 Section 3.16 – reordered to section 10 Addition of “you are also expected to treat others fairly and reasonably” at 10.1 Addition of “You are expected to forge and maintain professional relationships with your colleagues, managers, Councillors an service users based on mutual respect” at 10.2 Part F (3) Ethical Framework Employee Code of Conduct Page 14 Section 3.17 – reordered to section 18 Part F (3) Ethical Framework Employee Code of Conduct Page 14 Section 3.18 – reordered to section 20 Part F (3) Ethical Framework Employee Code of Conduct Page 15 Section 4 – reordered to section 23 Page 109
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Part F (3) Ethical Framework Employee Code of Conduct Addition of Section 14 – Social Media outlining conduct expected of employees using social media within/outwith work taken from Social Media Policy. Part F (3) Ethical Framework Employee Code of Conduct Addition of Section 16.2 criminal Records “It is the Council’s view that having a criminal record will not necessarily debar an applicant from working with or on behalf of the Council. This will depend on the nature of the position, together with the circumstances and background of the offences” Part F (3) Ethical Framework Employee Code of Conduct Addition of Section 16.3 Professional Qualifications, registrations and conduct which makes clear that if you require to have a membership to a professional body then you must keep that registration and ensure you follow their code of practice in relation to any formal reporting. Part F (3) Ethical Framework Employee Code of Conduct Addition of Section 17 Health, Safety and Welfare outlining employee responsibilities in relation to health and safety. Part F (3) Ethical Framework Employee Code of Conduct Addition of Section 20 Raising Concerns/Grievances which outlines the process for doing so. Part F (3) Ethical Framework Employee Code of Conduct Addition of Section 22 Disciplinary Matters outlines the process for raising or being subject of Disciplinary Matters. Part F (3) Ethical Framework Employee Code of Conduct Page 15 Amendments made to the names of the Procedures in line with any that have been updated since last update. Page 110
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ARGYLL AND BUTE COUNCIL COUNCIL 29 SEPTEMBER 2022 FREEDOM OF ARGYLL AND BUTE 1. EXECUTIVE SUMMARY 1.1 Donald MacMillan, BEM has represented the people and communities of Argyll and Bute as a local independent councillor for almost 40 years. Often cited as one of Scotland’s oldest and longest serving elected members, his service as a councillor concluded in May 2022 at the age of 94. 1.2 Mr MacMillan was first elected to represent his community in 1984, serving on Strathclyde Regional Council and Argyll and Bute District Council prior to the reorganisation of Scottish local government in 1996. He was elected to the then-Lochgilphead ward of the new Argyll and Bute Council in 1995 in readiness for the new unitary authority coming into effect, and continued to represent the area through a variety of ward boundary changes until 2022. 1.3 He received the British Empire Medal (BEM) in Her Majesty the Queen’s New Year Honours in 2019, for his services to local government in Scotland. 1.4 The Council has been asked to give consideration to awarding the Freedom of Argyll and Bute to Donald MacMillan, BEM in recognition of his decades of service to the community, through his role as a councillor and also his service on other organisations. Council is invited to consider this request. Page 111 Agenda Item 9
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ARGYLL AND BUTE COUNCIL COUNCIL 29 SEPTEMBER 2022 FREEDOM OF ARGYLL AND BUTE 2. INTRODUCTION 2.1 Donald MacMillan, BEM has represented the people and communities of Argyll and Bute as a local independent councillor for almost 40 years. Often cited as one of Scotland’s oldest and longest serving elected members, his service as a councillor concluded in May 2022 at the age of 94. 2.2 Mr MacMillan was first elected to represent his community in 1984, serving on Strathclyde Regional Council and Argyll and Bute District Council prior to the reorganisation of Scottish local government in 1996. He was elected to the then-Lochgilphead ward of the new Argyll and Bute Council in 1995 in readiness for the new unitary authority coming into effect and continued to represent the area through a variety of ward boundary changes until 2022. 2.3 In recognition of his decades of service, he received the British Empire Medal (BEM) for services to local government in Scotland in HM The Queen’s New Year Honours 2019. 2.4 The Council has been asked to give consideration to awarding the Freedom of Argyll and Bute to Donald MacMillan in recognition of his many years of service to the community, through his role as a councillor and also his service on other organisations. Council is invited to consider this request. 3. RECOMMENDATIONS 3.1 The Council is invited to consider the request to award the Freedom of Argyll and Bute to Donald MacMillan, BEM in recognition of his many years of service to Argyll and Bute as a local councillor and on other organisations serving the community; and if agreed request the Executive Director with responsibility for Legal and Regulatory Support make the necessary arrangements. Page 112
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4. DETAIL 4.1 The Local Government (Scotland) Act 1973 makes provision for local authorities to award the freedom of the area to people who have given particular service or brought distinction to the district. 4.2 Donald MacMillan (or Donnie, as he is more commonly known to the people of Mid Argyll where he lives) was first elected to represent his community in 1984, serving on Strathclyde Regional Council and Argyll and Bute District Council prior to the reorganisation of Scottish local government in 1996. 4.3 Since then he has represented his home town of Lochgilphead through various ward boundary changes, including the expansion of the ward to encompass the neighbouring communities of Ardrishaig, Inveraray, Furnace, Minard, Crinan, Ardfern and a myriad of other settlements in between - all of whom came to know and recognise the familiar face of ‘wee Donnie’ as he is very affectionately known. 4.4 Donnie has played a very active role at the council, sitting on a number of committees over the years including Planning, Licensing and latterly Community Services. His service to the council has included periods as Depute Provost, Area Committee Vice-Chair and Depute Policy Lead among other roles. He was also a committed member of the World War 1 Commemoration Steering Group, which convened prior to 2014 to plan and prepare for the four-year centenary commemorations over the 2014 to 2018 period. 4.5 He has also been active within many other organisations over the years, appointed to a number of outside bodies to represent the council and its communities. A particular area of interest for Donnie was his service on the former Joint Police Boards at both regional and national level, prior to the reform of Scottish policing, the creation of the single national force Police Scotland and the consequent changes in its scrutiny and governance, moving from joint boards to the Scottish Police Authority. Latterly Donnie also served as a board member for Argyll Community Housing Association - another role which was important to him and to which he was thoroughly committed. 4.6 While he enjoyed his work on these outside organisations and his committee work, helping local people has always been the most important factor for Donnie in terms of his role as a councillor. His focus has remained on the local services that mattered to the people who lived and worked alongside him and he has been a staunch champion for local health and care services as well as those delivered by the local authority. Page 113
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4.7 Donnie is undoubtedly one of Lochgilphead’s most well-known faces and the reason for this is linked inextricably to his priorities and approach as a councillor - helping local people and doing so by working with them face to face. Even just prior to the Covid-19 pandemic, Donnie could most often be found in Lochgilphead and Ardrishaig town centres, making sure that he was available and visible in the spaces that people use and ensuring that he was able to speak to them and deal with any queries face to face. Lochgilphead’s Colchester Square has very frequently been an open air ‘surgery’ venue for Donnie - informal and unscheduled but very much valued by the local people who knew where and when they could find help from Donnie if they needed it. 4.8 As a much-loved and extremely popular local councillor for decades, it was no surprise to the community, but a great surprise to him, that he was awarded the British Empire Medal for services to local government in Scotland in 2019, in Her Majesty the Queen’s New Year Honours List. He received his medal with great pride in May that year, surrounded by family, friends and colleagues from across Argyll and Bute. 4.9 Donnie’s service as a local councillor concluded in May 2022 at the age of 94 and after nearly 40 years of service to the community. Donnie, though, is still out and about in his home town nearly every day and remains rightly proud of his time as one of Scotland’s oldest and longest serving local councillors. 4.10 One of his successors to the Mid Argyll ward, Councillor Jan Brown, has made contact with the Leader of the Council and the Executive Director with responsibility for Legal and Regulatory Support in relation to arrangements for a formal request to Council to consider making the award of Freedom of Argyll and Bute, on the basis that this is very richly deserved given the extent of his commitment to serving his community. 4.11 Section 206 of the Local Government (Scotland) Act 1973 makes provision for councils to award the Freedom of the district by resolution passed by not less than two-thirds of the voting members at a meeting of the Council which specifies the proposal as an item of business. 4.12 The Council keeps a roll containing the names of people admitted as Freemen of Argyll and Bute in accordance with this section of the Act. The last awards of Freedom of Argyll and Bute were made to former Provost William Petrie in 2012, to Helensburgh tennis player Gordon Reid in 2016 and to former Lord-Lieutenant of Argyll and Bute, Patrick Stewart CVO MBE, in 2022. Page 114
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5. CONCLUSION 5.1 Donald MacMillan, BEM has given decades of service to communities in Argyll and Bute as a local councillor. His dedication has been of a level to warrant receipt of a national Honour from the Queen and he has dedicated many years of his life to helping the people of the community who live and work alongside him. 5.2 Members of the Council are invited to consider the request to confer the Freedom of Argyll and Bute on Donald MacMillan, BEM in recognition of his years of service. 6.0 IMPLICATIONS 6.1 Policy; none. 6.2 Financial; none. 6.3 Legal; none. 6.4 HR; none 6.5 Fairer Scotland Duty: none 6.5.1 Equalities - protected characteristics; none 6.5.2 Socio-economic Duty; none 6.5.3 Islands; none 6.6 Risk; none 6.7 Customer Service; none Executive Director with Responsibility for Legal and Regulatory Support – Douglas Hendry 3rd August 2022 For further information please contact Aileen McNicol, Leadership Support and Member Services Manager, on 01546 604014 or by email aileen.mcnicol@argyll- bute.gov.uk Page 115
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ARGYLL AND BUTE COUNCIL COUNCIL REFUGEE RESETTLEMENT 29 SEPTEMBER 2022 UKRAINIAN REFUGEE RESETTLEMENT IN ARGYLL AND BUTE 1.0 EXECUTIVE SUMMARY 1.1 Argyll and Bute Council along with partner agencies and our communities are working closely together to provide a warm welcome to those fleeing the war in Ukraine. 1.2 The Council supports both UK and Government sponsorship schemes and Ukrainian Displaced People arriving in our authority are offered support to rebuild their lives and recover from trauma. 1.3 This report provides elected members with an update on the national position and also provides an update on how the sponsorship schemes are operating within Argyll and Bute and the support available locally to Ukrainian Displaced Persons. 1.4 The recommendations within the report are as follows, Elected members are invited to: Note the national position as set out in section 4 of this report and agree that the Council should, through CoSLA and other representative bodies, and on and individual basis if and when appropriate, make representations for improvements to the Ukrainian sponsorship schemes; Consider the current position in relation to Argyll and Bute as set out in section 5 of this report. Page 117 Agenda Item 10
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ARGYLL AND BUTE COUNCIL COUNCIL REFUGEE RESETTLEMENT 29 SEPTEMBER 2022 UKRAINIAN REFUGEE RESETTLEMENT IN ARGYLL AND BUTE 2.0 INTRODUCTION 2.1 The war in Ukraine has resulted in a humanitarian crisis with over 12 million Ukrainians having fled their homes. There are two sponsorship schemes operating to welcome and support Ukrainian Displaced People to gain safety and sanctuary and rebuild their lives in Scotland. 2.2 The UK Government’s Homes for Ukraine scheme relies on individuals in the UK acting as a sponsor and matching with people displaced from Ukraine. The Ukrainian refugee matches with a sponsor before applying for a visa. This is known as private matching and the majority of those arriving in Argyll and Bute between May to July came through this scheme. 2.3 The Scottish Government’s Super Sponsor scheme works within the UK Government’s Ukraine sponsorship scheme and removes the need for applicants to be matched prior to being given permission travel to the UK. By acting as ‘Super Sponsor’, rather than waiting for the UK Government’s matching process, Scotland could provide safety and sanctuary and welcome significant numbers. In Argyll and Bute we saw an increase in numbers arriving through this scheme in July, with it taking over as the predominant sponsorship scheme during August and into September. 2.4 Sponsors for both schemes are asked to provide accommodation for as long as they are able, and for a minimum of 6 months. Eligibility extends to Ukrainian nationals (or their immediate family) who were resident in Ukraine prior to 1 January 2022. Those arriving under both schemes are able to live and work in the UK for up to three years, with full access to healthcare, benefits, employment and education. Page 118
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2.5 This report provides elected members with an update on the challenges with the sponsorship scheme and the national review underway led by Scottish Government and CoSLA. This report also provides an update on how the sponsorship schemes are operating within Argyll and Bute and the support provided locally to Ukrainian Displaced Persons. 3.0 RECOMMENDATIONS Elected members are invited to: 3.1 Note the national position as set out in section 4 of this report and agree that the Council should, through CoSLA and other representative bodies, and on and individual basis if and when appropriate, make representations for improvements to the Ukrainian sponsorship schemes. 3.2 Consider the current position in relation to Argyll and Bute as set out in section 5 of this report. 4.0 DETAIL National picture 4.1 The Super Sponsor scheme in Scotland is highly accessible and places no requirement on Ukrainian Displaced People to seek out a private individual in the UK willing to sponsor them. The Welsh Government paused its equivalent Super Sponsor scheme on 10 June. By early July, Scotland had the highest number of applications, visas issued and arrivals per head of population of any of the four nations. 4.2 With the rapidly increasing rates of arrivals and against a backdrop of continued pressure on short-term accommodation, the Scottish Government announced a pause to new applications to ensure those arriving could continue to access suitable accommodation and support. This pause was for three months and did not mean an immediate reduction in arrivals. During July and August we experienced a significant increase in arrivals only slowing down when the availability of flights, and other public transport became more difficult to come by. 4.3 In light of this position and with a continued and increased reliance in short term hotel accommodation on 4 August the Scottish Government commenced a rapid review of Scotland’s ‘Super Sponsor’ scheme with the aim of identifying improvements to the scheme, including interventions able to reduce the duration of stays in temporary accommodation. 4.4 The hotel temporary accommodation situation was placing all local authorities under significant pressure, particularly when combined with the other requirements of the scheme such as carrying out background and property checks for those expressing an interest in sponsoring, matching activity where a Page 119
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suitable host is identified, plus ongoing resettlement and humanitarian work and with increased host/public/media queries, etc. 4.5 In Argyll and Bute there are further challenges due to our unique geography as we had a large number of potential sponsors. We also have Ukrainian Displaced People living with sponsors across the whole of the authority and are supporting four temporary hotels. 4.6 The rapid review is reaching its conclusion and the recommendations within the report look to address the policy themes of accommodation, empowerment, matching and housing. These policy recommendations will in turn be worked up, in partnership with local authorities, into a suite of operational documents. 4.7 However, there are concerns that the rapid review and its recommendations will not address all of the issues with the Super Sponsor scheme. It is becoming more evident that it is more challenging than originally anticipated to build a sponsorship scheme on a foundation of mobilising community capacity. And by the processes put in place without clear guidance, issues with the sharing of data, lack of matching policy, increased reliance on use of hotels and without a detailed understanding of the needs of the Ukrainian Displaced People arriving in Scotland, this could be stifling the generosity that our communities have been so keen to extend. 4.8 The rapid review also places a heavy reliance on a private rental sector for accommodation when the initial sponsorship is over or indeed as an alternative to sponsorship. This availability of both private rented and social housing for Ukrainian Displaced People has to be considered within the context of other refugee programmes, dispersed asylum, increased homeless presentations and, a cost of living crisis. 4.9 It is also worth noting that, not unsurprisingly, there is a great diversity across Ukrainian nationals arriving in Scotland through the Super Sponsor scheme and a blanket approach to the implementation of the Super Sponsor scheme can be disempowering for some and could miss the more complex needs of others. 5.0 ARGYLL AND BUTE POSITION 5.1 Within Argyll and Bute the council’s Resettlement Team continue to support Ukrainian Displaced People and sponsors and will also ensure that local knowledge and experience informs the development of guidance and any policy changes at a national level. 5.2 The humanitarian support in Argyll and Bute is coordinated by the multi-agency Ukrainian Resettlement Group which meets fortnightly and includes council services, partner agencies and the third sector. We have increased the size of the Council’s Resettlement Team to provide advice and support to those living with sponsors. To provide a wraparound support to those in temporary and social housing and to provide welfare support for those in hotels. Interpreters and translators have also been recruited to the team. Page 120
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5.3 The number of arrivals of Ukrainian Displaced People (UDP) to Argyll and Bute in the past few months has increased. In sponsorship arrangements we have: 111* UDPs with Homes for Ukraine visas where the sponsor and guest self- match before arrival. 64* UDPs with Super Sponsor visa where the UDP is matched with a sponsor or is allocated social housing after a temporary stay in a hotel. In addition we have 57* UDPs with a Super Sponsor visa currently in temporary hotel accommodation in Argyll and Bute where matching discussions are in progress. 5.4 The number of UDPs in sponsorship and temporary hotel accommodation changes daily. As guests move out of the hotels when they are successfully matched and are quickly replaced by new guests arriving into Scotland allocated to temporary accommodation in the Argyll and Bute hotels. We also continue to see a number of arrivals each week through the Homes for Ukraine scheme. 5.5 Supporting UDPs in hotels allows the Resettlement Team to progress local matching. We have had a total of 167* UDPs stay in the hotels since they became operational and we have been successful in finding matches for 93* persons who have moved out into sponsorship within Argyll and Bute or further afield. 5.6 Local matching is much more successful for Argyll and Bute than the national matching service. This is because we have built a relationship of trust with the UDPs and we know our area, our job market, our schools and our sponsors and can make informed decisions on what would be a good and sustainable match and what will not. The UDPs in the hotels, with a very small exception, are very happy in Argyll and Bute but they are also clear that they do not want to stay anywhere too remote. 5.7 In addition to hotel accommodation and sponsors properties the Registered Social Landlords have also made social housing available for the programme: West Highland Housing Association 2 properties both now occupied Fyne Homes 7 properties all now occupied ACHA 5 properties being decorated, carpeted and furnished 5.8 We also provide ESOL (English for Speakers of Other Languages) classes and interest and uptake is high so we are currently recruiting more ESOL tutors. * numbers accurate as on 21.09.2022 Page 121
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5.9 At the beginning of August we launched our 3 months free bus pass scheme for those who do not qualify for the national travel schemes for under 22s and over 60s. Our Argyll and Bute scheme has been put in place with the support of all of the local transport providers. 5.10 UDPs are very quickly securing employment and we have signed up our first cohort of Ukrainians education professionals on our career pathway. This will see them working in our schools initially in a support role to gain experience and knowledge of our curriculum. We intend in time for this to lead GTCS recognition or registration. The other benefit of this approach is this provides Ukrainian speakers in schools with Ukrainian pupils. We have 50 pupils in 14 settings across the authority. 5.11 In August we held two very successful Welcome Fayres in Dunoon and Oban where UDPs had the opportunity to engage with a wide range of council, partner services and community organisations. The fayres also gave an opportunity to meet with other Ukrainians living in their area and were very well attended. More fayres will be planned in the next few months. 5.12 We offer additional support to our sponsors through a peer support group which gives them the opportunity approximately once a month to meet the resettlement team and one another and ask questions about the scheme. These online sessions have been well attended by sponsors at all stages of their sponsorship journey. 6.0 CONCLUSION 6.1 There are challenges with supporting the Ukrainian sponsorship schemes in Argyll and Bute and this report lays out these challenges. How sustainable the Super Sponsor scheme is in the longer term is still to be determined and our geography has certainly added to the challenges. However what is clear is that our sponsors and our communities are supportive, welcoming and safe and Argyll and Bute offers both a place to recover from the horror of war and to plan for the future whatever that may be. 6.2 The strength of partnership working in Argyll and Bute has also been integral to the success of Ukrainian resettlement so far and the commitment of council services, partner agencies and the third sector has made a real difference to the lives of those coming here. 7.0 IMPLICATIONS 7.1 Policy – No policy implications for Council. 7.2 Financial - Funding is received from both the UK and Scottish Government’s and the current budget is fully committed with a contingency in place to Page 122
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deal with unexpected costs. We are awaiting the detailed funding guidance from Scottish Government, a recommendation in the rapid review. 7.3 Legal – No implications. 7.4 HR - A number of posts have been created on a temporary basis to support the resettlement team and funded by government funding. 7.5 Fairer Scotland Duty: - No implications 7.5.1 Equalities - protected characteristics 7.5.2 Socio-economic Duty 7.5.3 Islands 7.6 Climate Change – No implications 7.7 Risk – No implications 7.8 Customer Service – Council services have access to interpreters and translators to ensure UDPs can access information and use local services. Douglas Hendry Executive Director with responsibility for Refugee Resettlement Policy Lead – Cllr Robin Currie 08.09.2022 For further information contact: Morag Brown Business Improvement Manager / Resettlement Lead Morag.brown@argyll-bute.gov.uk Page 123
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ARGYLL AND BUTE COUNCIL COUNCIL CUSTOMER SUPPORT SERVICES 29 SEPTEMBER 2022 PILOT FOR REGISTRARS CONDUCTING FUNERAL SERVICES IN KINTYRE AREA 2022 – FEES AND CHARGES 1.0 EXECUTIVE SUMMARY 1.1. In Campbeltown and the surrounding area there is a lack of Church of Scotland Ministers available to perform funerals and local undertakers have identified a need for alternative celebrants to be available to perform funeral services. The Council has been approached by the local undertaker in Kintyre in regard to the possibility of local Registrars conducting funeral services; using their experience in completing death registrations and marriage ceremonies. The Council proposes a pilot scheme for a period of six months in the Kintyre area, where Registrars will perform funeral services in co-operation with local undertakers, with an interim report after three months to allow a decision as to whether the service should be offered during the 2023/24 financial year. RECOMMENDATIONS It is recommended that the Council approves:- i. Registrars in Kintyre to establish a six month pilot scheme to perform funeral services in co-operation with local undertakers, with an interim report after three months to inform the budget process for 2023/24; and ii. The pilot fees and charges as set out within the report at section 4.3. Page 125 Agenda Item 11
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ARGYLL AND BUTE COUNCIL COUNCIL CUSTOMER SUPPORT SERVICES 29 SEPTEMBER 2022 PILOT FOR REGISTRARS CONDUCTING FUNERAL SERVICES IN KINTYRE AREA 2022 – FEES AND CHARGES 2.0 INTRODUCTION 2.1. The purpose of this report is seek agreement from the Council to establish a six months pilot scheme to undertake funeral services in the Kintyre area with local undertakers. 2.2. The Council have been approached by local undertakers in the Kintyre area in regard to the possibility of local Registrars conducting funeral services. There is a lack of Church of Scotland Ministers available to perform funerals and local undertakers have identified the need for alternative, suitably experienced celebrants to be available to perform funeral services. 3.0 RECOMMENDATIONS 3.1 It is recommended that the Council approves:- i. Registrars in Kintyre to establish a six month pilot scheme to perform funeral services in co-operation with local undertakers, with an interim report after three months to inform the budget process for 2023/24; and ii. The pilot fees and charges as set out within the report at section 4.3. 4.0 DETAIL 4.1 Officiating at funerals has not been a service that was offered by Argyll and Bute Council registrars; although some other councils such as Edinburgh City Council and East Ayrshire Council have offered it. Hitherto faith based celebrants have fulfilled that role. However in South Kintyre the retirement and relocation of ministers has meant that local undertakers have struggled to get celebrants for funerals and asked the Campbeltown based registrars if they could help to fill the gap; given their role in the registration of deaths and the celebration of marriages/partnerships. The registrars in Campbeltown therefore propose a six month pilot to establish exactly how the service could operate, the demand for civil funeral ceremonies, scale of potential additional income and to inform future innovation and partnership working. An interim report will be completed after three months to inform budget related decision making, if the Service is to be offered in Page 126
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the 2023/24 financial year. 4.2 A memorandum of understanding will be put in place with the local undertakers to ensure that they and their customers are aware of what the Council offer, what will be charged and what the respective roles would be. 4.3 The proposed fee for a Council Registrar conducting a funeral ceremony would be £150 per ceremony, plus travel. The table below illustrated the charges of a humanist celebrant to conduct a ceremony, and the charges of other Local Authorities who also provide this service. The proposed Council’s fee is greater at the weekend as it includes the remuneration for the registrar who will work on a voluntary basis on a Saturday. The proposed fee is competitive with the humanist alternative and reflects the actual costs of service delivery in a rural area. Fees and Charges Argyll and Bute Council Monday – Friday £150 (plus travel) Argyll and Bute Council Saturday £250 (plus travel) Humanist £180 (plus travel) Edinburgh City Council £90 (plus travel) East Ayrshire £100 (plus travel) 4.4 The Council’s Registrars would provide the service during Monday to Friday. If a Saturday was required, it would only be offered if a Registrar was available and willing to fulfil the engagement. The proposed fee for a Saturday would be £250 with the remuneration for staff set at the current fee for a marriage/civil partnership ceremony. A minimum of 3 days’ notice would apply for a registrar to conduct the service. 4.5 Indications from undertakers are that 90% of the funeral services would be Monday to Friday and our Registrars would take on these ceremonies as part of their weekly duties. The same 60p per mile currently charged for marriage ceremonies in the fees schedule would be applied for any travel required to external venues. Currently at weekends Registrars are paid a fixed allowance to officiate at marriage ceremonies and each ceremony is allocated a notional three hours to complete including the travelling time. If Registrars were to officiate at a funeral service at weekends, then the same allowances would apply, leaving a minimum £150 in Saturday income for the Council to cover core costs. 4.6 Officers have been provided with death figures for Campbeltown District for the last 3 years, where the ceremonies were conducted by a Minister of Religion. The figures also include the number of Humanist funerals. Naturally, only a proportion of these would be done by Registrars. However, if 30% were completed by Registrars, it would bring in circa £6k a year. However the pilot will help establish actual demand. Page 127
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Year Total Funeral Ceremonies Humanist Funeral 2021 132 1 2020 113 0 2019 97 2 4.7 There is scope for the Council’s Registrars in Campbeltown to take on this service in addition to marriage ceremonies as there is a relatively low number of marriages; in 2021 there were 14 civil marriages and 2 civil partnerships in Campbeltown District for the year. Minimal training would be required as registrars are already experienced in assisting the bereaved through their death registration activities and in preparing for and undertaking ceremonies from their marriage related activities. The pilot would help to inform the potential to extend the service to other areas. 4.8 A new process for the funeral service Pilot would require to be set up on our Registration system; Oracle. All documentation relating to the funeral ceremony where our Registrars have had to capture information about the deceased would be stored on the Oracle CRM system. A privacy statement would tell customers how the information that they provide will be used and protected. A Data Protection Impact Assessment would require to be done to confirm how we would manage the information that we have collected and also how long we will retain this for. All current Health and Safety procedures currently in place for civil marriages and civil partnerships would apply for civil funerals. 4.9 At the end of the six months pilot, officers will report back to the Executive Leadership Team as to the potential for extending the service further. An interim report will be submitted as part of the budget setting process in February 2023 to allow matters such as fees to be considered for the 2023/24 financial year. 5.0 CONCLUSION 5.1 As there is a shortage of Church of Scotland Ministers and Celebrants in the Kintyre area, this pilot will allow Council Registrars to provide a skill set to conduct a much needed service to the public and is a source of fee income for the Council. A 6 month pilot is proposed in the Campbeltown District (with an interim report by February 2023). Based on the 132 death figures for 2021 and some of these being conducted at weekends, there is a potential income of over £6,000 per year. If the pilot is successful it could also be rolled out to the other areas within Argyll and Bute where the reducing number of faith based officiants means there is a requirement for civil officiants at funerals. 6.0 IMPLICATIONS 6.1 Policy – depending on the outcome of the pilot, a policy would be put in place for any permanent arrangements offered. A local Memorandum of Understanding will be put in place with local undertakers for the duration of the pilot. Page 128
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6.2 Financial – the pilot will inform a possible new income stream for the Council. 6.3 Legal – none known. 6.4 HR – there are no changes to employee Conditions of Service. 6.5 Fairer Scotland Duty: 6.5.1 Equalities - protected characteristics – none known. 6.5.2 Socio-economic Duty – none known. 6.5.3 Islands – none known. 6.6 Climate Change – none known. 6.7 Risk – none known. 6.8 Customer Service – the arrangements of this pilot will provide a new service to meet a local need and is aligned to current registration services and skills. Executive Director with responsibility for Development and Infrastructure, Kirsty Flanagan Policy Lead for Climate Change and Environment Services Cllr Ross Moreland For further information, please contact:- Jane Fowler – Head of Customer Support Services Robert Miller – Customer Engagement and Transformation Manager September 2022 Page 129
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ARGYLL AND BUTE COUNCIL COUNCIL CUSTOMER SUPPORT SERVICES 29th SEPTEMBER 2022 COST OF LIVING AND FUEL COST CRISIS BRIEFING 1.0 INTRODUCTION 1.1 This report presents members of the Council with a briefing on the Argyll and Bute specific issues of the cost of living and fuel crisis which shows that 70% of our households are at risk of fuel poverty or extreme fuel poverty. The briefing is for members’ information and for use in any situation that may be appropriate and useful in influencing policy decisions and conveying the particular impact that the cost of living and fuel cost increased in Argyll and Bute. 1.2 The briefing highlights the particular on-costs facing people who live in our remote rural and island communities that exacerbate the current, unprecedented increases in the cost of living, particularly fuel costs. 2.0 RECOMMENDATIONS 2.1 That Council agree the attached briefing for use in conveying the additional impact that the cost of living/fuel cost crisis has on Argyll and Bute’s communities and households. 2.2 That Council agree the four key asks of Government to alleviate the particular impacts of the cost of living/fuel cost crisis faced by our communities. 3.0 DETAIL 3.1 Argyll and Bute has the second largest mainland area of Scotland, the highest number of inhabited islands and the highest percentage of people living in Remote Rural Areas of all mainland councils. 3.2 We have the third lowest median pay rate (gross) of all Scottish Local Authorities and were ranked most vulnerable to post Covid economic shock. The on-costs of living in our communities range from 13% to 185% above costs in urban UK areas. Because of this, and issues of heating fuel and housing types, nearly 70% of all households in Argyll and Bute are at risk of fuel poverty or extreme fuel poverty. Page 131 Agenda Item 12
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3.3 The briefing note sets these statistics out and identifies 4 key asks of Government to recognise these issues when they are implementing support and/or policy change to alleviate this crisis. 4.0 CONCLUSION 4.1 Argyll and Bute has a large number of structural geographic and socio-economic issues that exacerbate the high risks to households from the cost of living and fuel cost crisis. The attached briefing note provides a summary of key facts about this that can be used to inform and influence decisions on policy and support on these issues to help our communities. 5.0 IMPLICATIONS 5.1 Policy: None 5.2 Financial: None 5.3 Legal: None 5.4 HR: None 5.5 Fairer Scotland Duty: 5.5.1 Equalities - protected characteristics: None directly from this report 5.5.2 Socio-economic Duty: This paper highlights the additional costs faced by remote and rural communities in cost of living and fuel costs. 5.5.3 Islands: This paper highlights the additional costs faced by remote and rural communities in cost of living and fuel costs. 5.6 Climate Change: None 5.7 Risk: This paper highlights risks to households from the cost of living and fuel cost crisis 5.8 Customer Service: None Kirsty Flanagan Executive Director with responsibility for Customer Support Services Policy Lead September 2022 For further information contact: Jane Fowler, Head of Customer Support Services; Jane Jarvie, Communications Manager APPENDICES Appendix 1 Cost of Living/Fuel Cost Briefing Page 132
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OUR SITUATION IN BRIEF This is a great part of the world to live, key to the economic success of Scotland and the UK more widely. However average income is lower, costs are higher – nearly 70% of households are at risk of fuel poverty or extreme fuel poverty. Argyll and Bute – cost of living crisis case for support Actions We call on the Government to: Urgently provide information on funding for people who do not get their energy through typical means: 50% of our households are non-gas compared to 14% of all Scottish properties. Apply price caps to oil, LPG and solid fuel to ensure all households are given the support they need to heat their homes. Remove the variable standing charge rate that compounds the already higher costs for households in remote and rural areas. This must be changed to a uniform charge. Deliver equity in all support for the cost of living and fuel cost crisis by making sure that support measures are pivoted to take account of the additional costs of remote, rural and island living. Nearly 70% of households in Argyll and Bute are at risk of fuel poverty. The price cap announcement does not help Argyll and Bute – the cost of heating homes here is estimated to be more than double the price cap figure for an average household. To avoid fuel poverty an average all-electric household would need an income of at least £72,200 per annum, or to avoid extreme fuel poverty £39,600; this compares to a median household income of just under £33,000 (and excludes impact of increased costs elsewhere such as food). Food, clothing, travel – these cost between 13% and 185% + more than in urban UK however disposable income in Argyll and Bute is 10% less than the UK average. Supporting Argyll and Bute is supporting Scotland and the wider UK economy – we are a key location for industries vital to the immediate and longer term economic success of the country (eg tourism, food and drink, renewable energy) Scotland and the UK need people to live and work here – people need support, equitable with the rest of the country, to live and work here. EquityEquality VS Food, clothing, travel – these cost between 13% and 185% + more than in urban UK UK / SCOTLAND ARGYLL & BUTE FOOD HOUSEHOLD GOODS CLOTHING FUEL TRAVEL 185% 70% 34% 22% 13% Key points Page 133
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BACKGROUND INFORMATION Economy The economic impact of rurality on spending power is recognised as considerable. A recent Scottish Government Report: ‘The impact of Rurality and Remoteness on the cost of living’ highlights the additional costs incurred by rural households in comparison to urban UK. Argyll and Bute Council serves the second highest mainland area of Scotland’s councils, and the highest number of inhabited islands – and we have the highest percentage of population living in Remote Rural Areas of all mainland Local Authority Areas, at 43% (Scottish Government Urban Rural Classification). In addition, Argyll and Bute has the third lowest median weekly pay rate (gross) of all Scottish Local Authority Areas (Source: Nomis, covering the period Jan-Dec 2021). Argyll and Bute was ranked most vulnerable in the Vulnerability Index 2020 in terms of economic shock from the covid pandemic. The price cap / fuel poverty The £2,500 figure is based on a ‘typical’ household on a dual-fuel (80% gas/20% electricity) deal with ‘median consumption’; it does not address costs of households using higher levels of energy and/or households that are all-electric or dependent on other sources. Non-gas households have been struggling with fuel poverty long term: in 2017, before COVID and cost of living crisis, Citizens Advice said: Households in rural areas are particularly likely to use unmetered fuels for heating. Households without mains gas are more likely to be in fuel poverty; in Scotland, 56% of off-gas households are in fuel poverty, compared with 29% that use mains gas.” Sources Findings in this report come from a variety of sources with some correlated with estimations calculated by council services. Increased costs of food, clothing and travel in rural areas – ‘The Impact of Rurality and Remoteness on the cost of living’ Lower disposable income in Argyll and Bute: Office for National Statistics Percentage of non-gas households: various sources indicate around 50% and above (Scottish House Condition Survey /2011Census/ Department of Business, Energy and Industrial Strategy/Citizens Advice Nearly 70% of households at risk of fuel poverty and incomes required to avoid fuel poverty: We took figures from the most recent Scottish House Condition Survey (2019) showing Argyll and Bute Council is in the top 3 local authority areas in Scotland with the highest percentage of fuel poverty 32% , looked at how prices have increased since then, and considered relevant information from a range of other sources – CACI Paycheck data/Ofgem price cap figures (2019 to October 2022)/Scottish House Condition Survey analysis conducted by Energy Action Trust/Home Analytics. The figure we reached is in line with estimates from another source – the Energy Saving Trust which calculated their figures using information in home energy certificates. Page 134
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ARGYLL AND BUTE COUNCIL COUNCIL DEVELOPMENT AND ECONOMIC GROWTH 29 SEPTEMBER 2022 ARGYLL AND BUTE COUNCIL’S SHORT TERM LET LICENSING SCHEME 1.0 EXECUTIVE SUMMARY 1.1 This report seeks approval of the arrangements for the Council’s Short-term Let Licensing Scheme. The licensing scheme was brought in by the Scottish Government under the Civic Government (Scotland) Act 1982 (Licensing of Short- term Lets) Order 2022, with the aim to ensure short-term lets are safe, address issues faced by neighbours, to facilitate local authorities knowing and understanding what is happening in their area, and handling complaints effectively. It also aims to balance the economic and tourism benefits from short-term lets with the needs and concerns of local communities across Argyll and Bute. This is therefore a statutory obligation of the Council. 1.2 To help inform the contents of this report, a formal public consultation was carried out on initial draft proposals. There was a very healthy and positive response. The key outcomes gathered by the consultation have influenced the final scheme and licensing policy proposed within this report. 1.3 A new licensing system in now ready for Committee consideration, comment and approval. This meets the new statutory duty to have a scheme in place to receive and determine applications from new hosts as of the 1st October 2022. It should be noted that no additional resources have been provided by the Scottish Government to deliver the scheme. Recruitment is therefore ongoing for new posts (permanent and fixed term) and a communication strategy is in place to manage expectations until staff are in place. 1.4 The licensing scheme will be self-financing from fee income. The Council have assessed all relevant information and databases to identify the total number of short-term accommodation premises in Argyll and Bute that fall within this licensing scheme. The Council’s Non-Domestic Rates (NDR) statistics indicate 2,650 properties although the actual numbers are likely to be significantly greater. Unfortunately, despite taking advantage of a number of different databases available to the Council, it is impossible to provide an exact total. A cautious approach has however been taken in setting fees and charges and resourcing for the licensing scheme, and Page 135 Agenda Item 13
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income/expenditure levels will be closely continuously monitored. RECOMMENDATIONS: The Council is asked:- a) To note the considerable work undertaken to develop the new licensing regime in a challenging timescale, and without any additional funding or resourcing provided by the Scottish Government. b) To welcome the high level of responses to the public consultation, and recognise that many of the issues raised have been incorporated into the final licensing regime. c) To approve the Short-term Let licensing regime, Licensing Policy, additional conditions and fee and charges as set out in sections 5.4 and 5.6 d) To note the initial focus on “New hosts” initially until additional staff resources are in place. e) To amend the Council’s Scheme of Delegation to delegate responsibility for the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 to the Executive Director with responsibility for Regulatory Services, to enable the Council’s Environmental Health Service to authorise officers to deliver the Short-term Let licensing regime. Page 136
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ARGYLL AND BUTE COUNCIL COUNCIL DEVELOPMENT AND ECONOMIC GROWTH 29 SEPTEMBER 2022 ARGYLL AND BUTE COUNCIL’S SHORT TERM LET LICENSING SCHEME 2.0 INTRODUCTION 2.1 This report seeks approval of the arrangements for the Council’s Short-term Let Licensing scheme. The licensing scheme was brought in by the Scottish Government under the Civic Government (Scotland) Act 1982 (Licensing of Short- term Lets) Order 2022, with the aim to ensure short-term lets are safe, address issues faced by neighbours, to facilitate local authorities knowing and understanding what is happening in their area, and handling complaints effectively. It also aims to balance the economic and tourism benefits from short-term lets with the needs and concerns of local communities to ensure the people providing short-term lets are suitable. 2.2 Local authorities must introduce a new mandatory licensing system for short-term lets for 1st October 2022 to receive applications from existing and new “hosts” and thereafter determine them. The scheme will cover a wide range of residential accommodation including, but not exclusively, self- catering properties, B&B’s, guesthouses, glamping pods and yurts. 2.3 Despite the challenging timescale, a licensing system has been developed for Committee consideration and approval. This process has involved considerable work by an Officer Steering Group, formal public consultation on draft proposals, the development of an in-house digital information management system to make and receive applications, a new licensing policy, and a fees and charges structure. The outcomes from public consultation have influenced the final licensing system. 3 RECOMMENDATIONS 3.1 Council is asked to consider this report and the following recommendations: a) To note the considerable work undertaken to develop the new licensing regime in a challenging timescale, and without any additional funding or resourcing from the Scottish Government. b) To welcome the high level of responses to the public consultation, and recognise that many of the issues raised have been incorporated into the final licensing regime. c) To approve the Short-term Let licensing regime, Licensing Policy, additional conditions and fee and charges as set out in sections 5.4 and 5.6 Page 137
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d) To note the initial focus on “New hosts” initially until resources in place. e) To amend the Council’s Scheme of Delegation to delegate responsibility for the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 to the Executive Director with responsibility for Regulatory Services, to enable the Council’s Environmental Health Service to authorise officers to deliver the Short-term Let licensing regime. 4 DETAIL 4.1 The licensing scheme was brought in by the Scottish Government under the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022, with the aim to ensure short-term lets are safe, address issues faced by neighbours, to facilitate local authorities knowing and understanding what is happening in their area, and handling complaints effectively. It also aims to balance the economic and tourism benefits from short-term lets with the needs and concerns of local communities to ensure the people providing short-term lets are suitable. The Council is required to receive and determine applications of short-term lets and issue appropriate licences and conditions. Integral to this will be supporting applicants to ensure compliance and addressing any representations for communities, neighbours or statutory consultees. The Scottish Government expect local authorities to enforce these requirements and to target non- compliance. Licensing Officers will be employed to carry out proportionate regulation. 4.2 An Officer Steering Group has developed the new Short-term let licensing regime to meet the Council’s statutory duty. This work has been challenging and has involved a formal public consultation on draft proposals, the development of an in-house digital information management system to make and receive applications, a new licensing policy, and a fees and charging structure. Subject to approval, the Council will be in a position to receive applications initially from new hosts, until new posts have been recruited which is likely to be December 2022. The scheme is to be managed and delivered by the Council’s Environmental Health Service as there are synergies with their existing work in private landlord registration, houses in multiple occupation and caravan site licensing. 4.3 The public consultation on the Council’s draft policy statement for short-term let licensing ended on 5th August 2022. 552 responses were received, with a significant majority of respondents agreeing with the Council’s proposals. The recommendations arising from analysis of the consultation are detailed in Appendix I, have been agreed by the Council’s Short-term Let Steering Group and are built into the proposed scheme, namely: i. The consultation supports including children under the age of 10 in setting occupancy levels. ii. The consultation supports the adoption of all of the proposed additional conditions as set out in the draft policy statement with minor modifications. iii. The consultation identifies that the Council should consider providing temporary exemptions from the requirement to hold a licence. This is an important flexibility for island communities and in relation to events Page 138
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such as the Tarbert series and the Cowal Games. There requires to be some protection for the security of tenure of private tenants. iv. The consultation identifies a role for temporary licences to be considered in limited circumstances, for example, to ensure that short-term lets can continue as going concerns when being sold from one operator to another. v. Fees and charges were inevitably controversial and attracted much comment. The setting of differential fees for home letting and home sharing compared with secondary lets was nevertheless generally supported, in line with Scottish Government guidance. vi. The proposed fee structure was more controversial, with most respondents dissatisfied that the actual fee levels could not be included in the consultation. 4.4 Licensing Policy. The licensing policy (Appendix II) details the key details of the scheme for Council’s approval. This provides the policy against which applications will be considered and specifies arrangements for temporary exemptions, temporary licences planning control areas, conditions and and a range of other critical areas. 4.5 Licensing processes.. The processes generally mirror the Council’s existing civic government licensing processes, and are being adapted to meet the short- term let licensing requirements. The draft policy was part of the recent public consultation and amended to reflect public feedback. An in-house ICT system is being developed to provide a “digital system” to receive and process applications, including payment of fees, which will go live the next working day after the 1 October 2022. 4.6 Additional Conditions. All licensed short-term lets will be required to comply with a set of mandatory conditions that apply across all of Scotland. The mandatory conditions are set out in the Order and Councils have a discretionary power to impose additional conditions for short-term let premises. Recognising some of the current issues relating to let accommodation, draft additional conditions covering the areas of antisocial behaviour, littering and waste disposal, noise control in flatted properties, damage to properties, guest safety (hot tubs, swimming pools, barbeques and other equipment) were consulted on. These have been amended in light of consultation responses and legal advice has confirmed that they are not “ultra-vires” and can be defended if challenged. The proposed additional conditions are detailed in Appendix 2. 4.7 Temporary Licences. Whilst not initially intending to issue temporary licences, consultation feedback identified that there would be instances where temporary licences would be appropriate. The main area would be in the sale of a licensed property, where grant of a temporary licence would allow the property to continue to operate, as the licence is specific to the owner and not the short- term property. The Council’s licensing regime includes temporary licences. 4.8 Temporary Exemptions. The Order provides temporary exemptions to the requirement for a licence for a single continuous period not exceeding 6 weeks in any 12-month period. This could cover major events where Page 139
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accommodation is provided in homes and other properties for a short period. Initially, the Council’s draft scheme did not intend to provide for this exemption, but following consultation, this has been incorporated into the licensing policy 4.9 Short-term Let Control Areas. The Order permits planning authorities to establish Short-term Let Control Areas requiring a dwellings within the designated areas used for secondary letting on a short-term basis within the designated areas, to obtain planning approval for a “material change of use”. This is not a ban on short-term lets but allows planning policies to assess the use of a dwelling. No Short Term Planning Control Areas will be in place at inception of the Councils’ Short Term Let Licensing regime on the 1st October. Careful consideration on the impact of the scheme on housing supply, tenure and availability is be required and must be “data driven”. This work will commence in 2023 by the Council and Loch Lomond and the Trossachs National Park Authority, as relevant planning authorities. 4.10 There is currently no staff capacity within the existing licensing, or environmental health teams, to take forward the short-term let licensing regime and the determination of large volume of applications in the 21 months following the 1st October. This will require a permanent core team of 1 Team Lead, 1 Enforcement Officer and 1 Licensing Assistant with another Licensing Assistant and Licensing Officer employed on a fixed term contract. Additional Temporary Licensing Assistants will be required at busy times, although recruitment of a Modern Apprentice will also assist the team and at the same time offer a job opportunity for a young person. These posts are currently being advertised and it is hoped that the team will be in place early December. Prior to recruitment, public expectations will be managed through active communication with the short-term let sector and wider general public. 5 Fees and charges 5.1 The Scottish Government did not provide any additional funding to local authorities to develop and implement this new duty, and consequently the scheme will need to be self-financing through short-term let licensing income. Each local authority is required to set its own fees and charges having regard to Scottish Government Guidance “Short Term Lets in Scotland Licensing Scheme- Part 2 Supplementary Guidance for Licensing Authorities, Letting Agencies and Platforms”. These fees must cover all expenditure associated with delivering and enforcing the short-term let licensing regime. 5.2 The Council have assessed all relevant information and databases to identify the total number of short-term accommodation premises in Argyll and Bute which fall within this licensing scheme. The Council’s Non-Domestic Rates (NDR) statistics indicate 2,650 properties although the actual numbers are likely to be significantly greater. Unfortunately, despite taking advantage of a number of different databases available to the Council, it is impossible to provide an exact total. To project expenditure required to deliver the licensing scheme and develop a charging regime, a cautious approach has been adopted, assuming 3,500 properties. The Council’s fees will be revised again once all properties have been licensed and in advance of the next 3 year Page 140
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licensing regime. Fees will be being increased, or decreased accordingly, subject to income and expenditure levels. 5.3 5.4 The Scottish Government recommend that local authorities establish a fee structure that takes account of the type of licence with lower fees set for home sharing and home letting licences than for secondary letting licences; and guest capacity in terms of the maximum number of guests. Following careful consideration and taking into account the views from the consultation, the weighting and bandings were reduced in number and fee ratios. The standard fee was based on the Council’s existing civic government licence fees (£524; £452 and £271) as short term let licensing mirror these processes. The mid range fee of £452 was adopted to minimise the potential for over recovery of fees based on estimated properties requiring a short-term let licence. Applying a weighting and banding structure (see Appendix 2) consistent with Scottish Government guidance, the following fees are therefore proposed to cover a three year license period for each property: Guest capacity applied for (including children under the age of 10) Home sharing or home letting licence Secondary letting licence Up to 4 £226 £316 5 to 8 £316 £452 9 to 12 £497 £678 13 to 20 £633 £904 21 and over £814 £1130 For comparison, the House in Multiple Occupation licence fee for premises with 10 or more people is £1,101. The lowest fee of £226 under this model is also less than the lowest standard band of other Civic Government license fees of £275. An example of this is a license for a window cleaner. 5.5 Projected costs to deliver the licensing scheme are £1.32M (million), which includes permanent, fixed term and temporary staffing over a three-year period to March 2026, including start-up costs for 22/23. Projected fee income is worst-case scenario (based on the 2,650 properties) is £1.03M with mid-range (based on 3,500 properties) of £1.37M. 5.6 The legislation permits the recovery of enforcement costs where an intervention is required to properties arising from ongoing complaints or whether there is a failure to comply with conditions relating to the premises. The decision to charge will be based on the principles of proportionality in accordance with Councils and Regulatory Services Enforcement Policy and the Scottish Government’s Strategic Enforcement Code. This has been built into the proposed additional charges outlined below. Additional charges Temporary Licence 50% of fee Variation in Licence/change in circumstances £77 Page 141
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Certified copy of licence/duplicate licence £41 Temporary exemption application 50% of fee Enforcement charge (Hourly rate) £94.30 6 CONCLUSIONS 6.1 The short term licensing scheme detailed in this report meets the mandatory duty placed on the Council for short- term let accommodation. The Council carried out a public consultation on the proposed scheme and made changes to the initial proposals. Concerns from the business community have been expressed that fees are likely to be excessive and adversely impact on their ability to continue trading. The fees put forward by this report are designed to simply recover all costs incurred by the Council and in no way considered excessive. The fees proposed equate to £76 annually (licensing fees cover a 3 year period) for a small bed and breakfast with less than 4 guests; and £151 annually for a self-catering property for 6 guests. 6.2 This is only the first stage of the process as we need to recruit staff as detailed in this report and then deliver the licensing scheme. The Planning Authority for much of Argyll and Bute, together with the Loch Lomond and the Trossachs National Parks Authority, require to consider the necessity for any Short-term Let Planning Control Areas to be introduced. 7 IMPLICATIONS 7.1 Policy Consistent with the Council’s Corporate Plan and new statutory duty 7.2 Financial The licensing scheme is to be self-financing from income levels. Estimates used to set fees and will be closely monitored. Fees will be reviewed regularly and for the next three year licensing period. 7.3 Legal Meets Councils new mandatory duty under Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022, 7.4 HR New posts are being recruited funded by income. 7.5 Fairer Scotland 7.5.1 Equalities No adverse impact on protected characteristics and scheme impacts on all providers 7.5.2 Socio- economic Ensures that let accommodation is safe, applies consistent standards across all sectors and protects communities 7.5.3 Islands Licensing scheme will be consistently applied across the whole of Argyll and Bute. 7.6 Climate change Conditions support climate change and environment standards 7.7 Risk (1) Councils legal duty will be met on approval of the scheme (2) Inadequate resources are in place to deliver the full scheme as of the 1 October, as the team is unlikely to be recruited until early December. This situation will be managed to ensure we can receive and determine Page 142
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applications from “new hosts” (3) Income does not fully cover expenditure or over- recovery. This will be monitored 7.8 Customer Service Consistent with customer charter Kirsty Flanagan, Exec Director Policy Lead: Councillor Kieron Green For further information: Alan Morrison, Regulatory Services and Building Standards Manager 20 September 2022 APPENDICES Appendix 1 – Report on the consultation for a short-term lets licensing policy – August 2022 Appendix 2 - Short-term Lets Licensing Draft Policy Statement Appendix 3 - Post-consultation review of proposed fee structure for short-term lets Page 143
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Page 1 of 29 Argyll and Bute Council Report on the consultation for a short-term lets licensing policy – August 2022 Contents Contents .......................................................................................................................................... 1 Executive summary ................................................................................................................................. 2 Introduction ............................................................................................................................................. 3 Type of respondent ................................................................................................................................. 3 Draft licensing policy ............................................................................................................................... 4 Occupancy levels and children ................................................................................................................ 4 Additional conditions .............................................................................................................................. 5 Proposed additional conditions ........................................................................................................... 5 Antisocial behaviour (link to condition) .......................................................................................... 5 Noise control in flatted premises (link to condition) ....................................................................... 6 Littering and waste disposal (link to condition) .............................................................................. 8 Damage to property (link to condition) ........................................................................................... 9 Additional conditions for guest safety .......................................................................................... 10 Temporary exemptions ......................................................................................................................... 11 Proposal not to grant temporary exemptions ................................................................................... 11 Should additional conditions apply to temporary exemptions ......................................................... 13 Temporary licences ............................................................................................................................... 13 Should the Council introduce temporary licences ............................................................................ 13 If temporary licences are introduced, should additional local conditions apply............................... 14 Fees and charges ................................................................................................................................... 14 Different scales of fees for home sharing and home letting licences compared with secondary letting licences ................................................................................................................................... 14 Other comments received in the course of the consultation ................................................................ 18 Appendix 1 – Summary of recommendations ....................................................................................... 21 Appendix 2 – Consultation questionnaire ............................................................................................. 22 Appendix 3 – Proposed additional conditions ....................................................................................... 25 Additional conditions based on Part 2 Guidance .............................................................................. 25 Additional Conditions for Guest Safety ............................................................................................. 26 Page 145
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Page 2 of 29 Executive summary The Council’s draft policy statement for short-term let licensing was put to public consultation through the Council’s website for a period of three weeks ending on 5th August 2022. 552 responses were received, with a significant majority of respondents agreeing with the Council’s proposals. The recommendations arising from analysis of the consultation are summarised at Appendix 1. The consultation supports including children under the age of 10 in setting occupancy levels. The consultation supports the adoption of all of the proposed additional conditions as set out in the draft policy statement with minor modifications. However, work is required to determine in what form a condition should be worded to protect residents from impact noise in flatted premises. The consultation identifies that the Council should consider providing temporary exemptions from the requirement to hold a licence. This is an important flexibility for island communities and in relation to events such as the Tarbert series and the Cowal Games. However, any temporary exemptions policy should be drafted in such a way as to protect the security of tenure of private tenants. The consultation identifies a role for temporary licences to be considered in limited circumstances, for example to ensure that short-term lets can continue as going concerns when being sold from one operator to another. Fees and charges are, inevitably, controversial and attracted much comment. The setting of differential fees for home letting and home sharing compared with secondary lets was generally approved, in line with Scottish Government guidance. The proposed fee structure was more controversial, with most respondents dissatisfied that the actual fees could not be included in the consultation. More work is required to refine the bandings and the weightings to be used in setting fees. Other comments received in the course of the consultation are reviewed. Page 146
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Page 3 of 29 343 Introduction The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 20221 establishes for the first time a mandatory licensing scheme for short-term let accommodation across Scotland. From 1st October, each licensing authority is required to be able to receive applications. Licensing authorities must develop a policy on temporary exemption from the requirement to hold a licence. They are also expected to develop policies on: licence duration and renewal, temporary licences, additional conditions, and compliance and enforcement. In accordance with Scottish Government guidance2, Argyll and Bute Council put a draft licensing policy statement to public consultation through its website for three weeks, with the consultation closing on 5th August. 552 responses were received. A copy of the consultation questionnaire is reproduced at Appendix 2. This report reviews the responses to the consultation and makes recommendations for the revision of the draft licensing policy. In this report, comments from respondents are selected to show the full range of views on a topic, are reproduced verbatim, and are formatted as follows: Type of respondent Respondents were asked to indicate in what capacity they were answering the consultation questionnaire. Other (please specify) 28 Trade association (please specify) 2 Community Council 6 Short-term let neighbour 80 Other member of the public 80 Short-term let host/operator Short-term let guest 13 Figure 1 Type of respondent 1 https://www.legislation.gov.uk/sdsi/2022/9780111052396/contents 2 https://www.gov.scot/publications/short-term-lets/ This needs to be a fair system and proportionate to the issue. Vast majority of holiday lets are ran well with no issues. Page 147
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Page 4 of 29 343 (80%) of responses were from hosts and operators. 160 (28%) of responses were from the neighbours of short-term lets and from other members of the public. Six community councils responded, as did two trade associations: the Association of Scotland’s Self-Caterers, and Isle of Mull Cottages, a letting agency. All comments have been given equal weighting in this report. Draft licensing policy Respondents were asked whether they had read the draft policy. 95% indicated that they had. Respondents were asked whether there were any other areas of the draft policy statement or the proposed additional conditions that they wished to make comments on. 214 responses were made, covering a wide range of topics. This question duplicated the final question about any other comments and these responses will be included in the analysis of that section. Occupancy levels and children It is a mandatory condition of a short-term let licence that hosts and operators ensure they do not exceed the maximum number of guests for their premises. The Council may choose to specify on an individual licence that guests may bring children under a specified age and these children would not count towards the occupancy of the premises. Scottish Government guidance states that licensing authorities may wish to set the age limit as ‘under 10 years’. The Council had not taken a prior position on this question. Respondents were asked whether children under the age of 10 should count towards the occupancy of a premises. 71.3% of respondents considered that they should; 28.7% thought they should not. Comments in favour of including children in occupancy limits included: Comments opposing the inclusion of children in occupancy limits included: Existing insurance policies specifying occupancy and including all ages. Fire safety risk assessments do not differentiate occupancy on the basis of age. Additional noise from children in flatted premises. The sleeping accommodation provided should match the number of occupants. We have statutory rules for overcrowding for adults and children in social housing in Scotland. Very young children often sleep with their parents and don’t occupy sleeping accommodation. I think as a host we should be able to allow extra children if we feel our homes are not overly occupied. I think age 10 is too high and the age should be more like 3 or 4. I think 2 adults bringing a baby that will be sleeping in a travel cot (which we can provide) in their bedroom should be counted as 2 people. Recommendation: 1. That children under the age of 10 should be included in the occupancy limits for a premises. Page 148
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Page 5 of 29 Additional conditions All short-term lets which are granted a licence will be required to comply with a set of mandatory conditions which apply across all of Scotland. The mandatory conditions are set out in the Order. The Council has a discretionary power to impose additional conditions for short-term let premises. Proposed additional conditions A number of additional conditions were proposed in the draft policy covering specific areas. These are detailed at Appendix 3. Respondents were asked whether they agreed with the proposed additional conditions. The responses received were as follows: Agree Disagree Antisocial behaviour 487 (89%) 60 (11%) Noise 474 (87%) 73 (13%) Waste collection / disposal 453 (84%) 89 (16%) Failure to maintain common areas 461 (86%) 74 (13%) Guest safety (bicycles/boat safety/hot tubs/barbecue huts/outdoor play equipment etc.) 448 (83%) 95 (17%) Figure 2 Agreement with proposed additional conditions Respondents were 4:1 in favour of the proposed additional conditions. Respondents were asked to provide comments if they disagreed with any of the above points. Comments included: Antisocial behaviour (link to condition) The following comments represent the range of responses received. Antisocial behaviour is NOT within the control of the owner, who is not present during the guests' stay at the premises, and may live a great distance from the premises. Making the owner responsible for the control of guests is unreasonable. Should the host 'vet' each guest to ensure they are of an acceptable standard? Whose prejudices decide what is acceptable? I don't see this as workable, and there are laws in place already to deal with antisocial behaviour. For noise and antisocial behaviour I think it will be vital for the council to provide clear advisory steps about what to actually do if guests are accused of this. If a host is not in the premises or in the area they would value knowing the practical steps, endorsed by the council and perhaps even the police, about how to proceed. I agree with them all. It is important that guests are not anti-social or noisy, whilst the their safety should be paramount to the landlord. In principle I would agree with anti social behaviour and noise, though it may be difficult to truly control behaviour of others. The additional conditions should specifically include the use hot tubs and decking as they present a very real noise and antisocial behaviour issue for neighbours when used in residential areas throughout the day and night. This is about the wellbeing of neighbours and neighbourhoods as well as guest safety. Page 149
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Page 6 of 29 Commentary: 1. This condition is based upon the template additional condition set out in the Part 2 Supplementary Guidance for Licensing Authorities, Letting Agencies and Platforms3 issued by the Scottish Government. 2. One of the stated policy objectives set by the Scottish Government in introducing the licensing of short-term lets is “to address issues faced by neighbours effectively”. The Part 1 Guidance for Hosts and Operators4 includes, at Section 6 “Staying compliant”, a definition of antisocial behaviour and the measures a licence-holder might wish to take to minimise the risk of antisocial behaviour from the use of the premises as a short-term let. 3. It should be noted that, in the opinion of the Scottish Government, taking reasonable steps to minimise the risk of antisocial behaviour is the action of a person who is fit and proper to provide short-term lets. Noise control in flatted premises (link to condition) The following comments represent the range of responses received. 3 https://www.gov.scot/publications/short-term-lets-scotland-licensing-scheme-part-2-supplementary- guidance-licensing-authorities-letting-agencies-platforms-2/ 4 https://www.gov.scot/publications/short-term-lets-scotland-licensing-scheme-part-1-guidance-hosts- operators-2/ Incidents of anti-social behaviour in self-catering premises are rare. Last year, the ASSC submitted Freedom of Information requests to all thirty-two local authorities in Scotland and the results of this show that there is a mismatch between perception and reality: the number of ASB complaints against holiday lets in Scotland over the past five years is minimal. The language attached to the additional conditions by Argyll and Bute Council that the licence holder must “ensure” that no disturbance or nuisance arises within or from the premises, or indeed ensure vehicles belonging to guests are parked lawfully, is unreasonable. First, many operators will not always be on site at their property. Second, while operators can reasonably ask that their guests comply with the two aforementioned examples but they cannot compel them to do so. In addition, we are very concerned at the cost implications for Argyll and Bute Council to enforce this – will the Council have officers patrolling near self-catering units to check that guest vehicles are parked in an appropriate fashion? Recommendation: 2. That the additional condition on antisocial behaviour be included in the Council’s short- term lets licensing scheme, subject to amendment to include specific reference to noise from amplified music in gardens and external areas. Whilst carpets do in some instances provide better sound insulation then cheap laminate flooring, wooden floors are far more effective at providing a sound proof layer. Our floors cost over £6000, they have sound proof underlay, over-boarding in ply and solid wood parquet blocks. The floor will last well over 100 years as is far more environmentally and sustainable friendly than carpet. Design decisions such as this should be consulted via design professionals and architects. Effectively you would be asking us to lower the standard of our apartment both in terms of sound protection and cleanliness. The requirement should state ‘appropriate sound proofing’ and not state ‘carpet’ as a choice of material. Page 150
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Page 7 of 29 Although I agree with the noise condition I think the requirement for properties above other dwellings to have carpets does not take account of modern floor coverings such as luxury vinyl tile which also reduce noise but are much easier to keep clean than carpets. From an infection control point which is essential following the pandemic I believe options for other floor coverings should be permitted. The flat immediately above our ground-floor flat has been let on a short-term basis. When refurbishing the flat they removed all carpeting so that noise can be a significant problem, especially when young children are running around late at night. The use of kitchen and laundry equipment at night is also magnified. 0700 departure is too late to connect with certain ferry sailings. I agree with added conditions but 23.00 hours is far too late to impose restrictions on garden noise, 22.00 at latest. The additional conditions should specifically include the use hot tubs and decking as they present a very real noise and antisocial behaviour issue for neighbours when used in residential areas throughout the day and night. This is about the wellbeing of neighbours and neighbourhoods as well as guest safety. The few flatted properties [on Mull] would find it difficult to prevent guests leaving before 7am, as many guests leave on early ferries to either return home or catch a connecting ferry to a second island destination. We are living in a ground floor flat and suffer badly from noise (footfall and voice) from the flat above who let it out on short term lets already. I hope that when these owners apply for a licence, somebody will check that appropriate floor coverings are in place. Should not be permitted in flats where poor insulation is present. Noise is ever present and occupancy is unpredictable. I personally experience a very poor quality of life when an upstairs flat is occupied. The configuration of our building means that their kitchen is above my bedroom. I get no sleep if they’re not sleeping. Commentary: Impact noise 1. Consultation responses make it clear that impact noise in flatted premises causes considerable disturbance to residential occupiers beneath short-term lets. 2. The draft additional condition including a requirement for carpeting in flatted premises is based upon a template condition in the Part 2 Guidance. The purpose of the condition is to reduce “tapping” impact noise from people moving around on hard-surfaced floors, typically floorboards or poorly-installed laminate flooring. This is a known cause of annoyance between dwellings that have a party floor or ceiling. 3. The components of impact noise can be characterised as “thumping” and “tapping”. Thumping noises are typically from heavy impacts such as dropping items or persons running or jumping, as children in play might do. Tapping noises are generated typically by the impact of hard objects on hard floors, such as stiletto heels on tiles or floorboards. 4. Although there are performance standards for impact noise specified in the Building Standards Technical Handbook, Part 5.1, it is expensive and complex to carry out acoustic testing in accordance with BS EN ISO 140-7: 1998 and BS EN ISO 717-2: 1997, the standards for impact sound transmission. In addition, testing requires the co-operation of the occupiers of the premises below the premises in question. Note that testing to these Page 151
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Page 8 of 29 standards requires the removal of carpets to assess the performance of the underlying floor structures. 5. It is not generally practicable to achieve the performance standards set out in Part 5.1 of the Technical Handbook by only treating the floor in one premises; the whole party floor/ceiling structure requires to be constructed in accordance with the Part to achieve the necessary performance. 6. Some short-term let premises will have been provided by conversion into flats of pre- existing dwellinghouses or as new constructions. In these cases, compliance with the standards in Part 5.1 will have been required in order to obtain a building warrant and completion certificate. There is a case for accepting a completion certificate in respect of these premises as an alternative to requiring carpeting in specified areas of the premises. 7. A suggested exception to the requirement to carpet floors in accordance with the template additional condition is “any flatted property that can demonstrate that they have been built to or been converted to Domestic Technical Standard 5.1, may be exempt the requirement to carpet floors”. 8. The simple alternatives to excepting premises built to Domestic Technical Standard 5.1 are: (a) don’t include the additional condition and deal with complaints or objections on their own merit; or (b) include the condition and require carpets in all relevant cases. Guest arrival and departure 9. The comments regarding early and late ferry travel are noted. The Council fully understands the realities of island travel and will apply a reasonable interpretation of this condition in the event of complaints being received. The Council does not consider that people leaving premises before 0700 in order to catch an early ferry for their onward travel would be in breach of this condition. Antisocial noise from gardens 10. The comments on garden noise and noise from the use of hot tubs are noted. The Council considers that these issues should be addressed by the host’s house rules for the prevention of antisocial behaviour rather than a generally-applied additional condition. Littering and waste disposal (link to condition) The following comments represent the range of responses received. Recommendations: 3. Give further consideration to the need for the impact noise condition and, should it be considered necessary, whether an exception should be made for constructions which are compliant with the Domestic Technical Standard 5.1. 4. Amend the antisocial behaviour condition to make specific reference to the avoidance of disturbance from the playing of amplified music in gardens or external areas. Experience has shown varying standards by guests with regard to recycling. Our policy is to go through waste material to ensure correct segregation of items Waste/recycling bin presentation for collection should not be a guest responsibility, it should be managed by permanent owners/tenants in the building. Page 152
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Page 9 of 29 Commentary: 1. The draft additional condition is taken from the template condition in the Part 2 Guidance. 2. It is noted that waste from secondary letting premises should be treated as commercial waste and have commercial waste contracts in place. Where commercial waste receptacles are provided in common areas, guests will require to know which are the correct receptacles for the premises they occupy. 3. The condition is worded to place an onus on a licence holder to provide advice and information to guests. The condition does not require guests to put waste receptacles out for collection, only that the licence holder shall make arrangements for that to happen; in some cases, it may be appropriate to ask the guest to make sure the bins are presented for collection. Damage to property (link to condition) The following comments represent the range of responses received. Commentary: 1. This is a template condition taken from the Part 2 Guidance. 2. This condition does not prohibit keyboxes, nor other devices, and the sole owner of a property requires nobody else’s permission to affix one. I agree with waste disposal and recycling notices but I find the guests sometime put everything in the green bins which I then take out and put in the blue . I don’t think it should be the guests onus to put the bins out , that’s the owners . The Council again state the licence holder shall “ensure” – while operators can advise guests of refuse collection day, they cannot compel them to comply. On a more practical point, we are dealing with individuals in the region for a holiday and who will not wish to spend a large amount of time familiarising themselves with waste management and recycling issues. Recommendation: 5. That the additional condition on littering and waste control be included in the Council’s short-term lets licensing scheme. Prohibiting the use of keyboxes or other related devices would be an arbitrary approach. First, it should be recognised that keyboxes are used for a variety of different purposes, not just to facilitate entry to a short-term let – for example, they are readily utilised by carers. We would presume that Argyll and Bute Council have no issue with keyboxes for this purpose but why should it be any different for short-term lets? It is the same device affixed to a door used to enable entry. Securing the agreement of all owners within a property will be near impossible to achieve. Unanimity of agreement for any change to a property (e.g., repairs) is difficult to secure in other contexts but would be especially so for keyboxes used by short-term let operators. We therefore ask the following: will this become a general policy for all keyboxes within the local authority area, or do Argyll and Bute Council intend to solely discriminate against their use by short-term let operators? The flat immediately above our ground-floor flat has been let on a short-term basis. the owners installed a key safe outside our secure block without permission. Page 153
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Page 10 of 29 3. No one person has the right to cause damage to public infrastructure or jointly-owned property without the consent of the owner(s). Additional conditions for guest safety Comments were received in relation to the various proposed additional conditions for guest safety as set out below. A fit and proper person should be attending to these items as a matter of course, I think more compliance is unnecessary Additional moveable facilities are beyond what this policy should be covering. All of this kind of gear should be used at own risk and if there is an issue either parties’ insurance should be the first port of call. Bicycles should be at the users own risk, as should boats... Guest safety is the concern of th guest and they would or should have insurance to cover thsi. this should only apply if the equipment is provided by the host. I absolutely agree ! I am sure I am out of step with would prefer that our own equipment/facilities can be provided to guests at no additional cost, when done so explicitly at those guests own risk. Our property is very remote and a requirement to inspect bikes between each guests, supervise inflatable play equipment (why can't guests do this themselves?), etc. is especially burdensome when we have to pay travel costs for someone to do it. The end result will be that we do not allow guests to use such things, which is not what guests would want so it's hard to see who this benefits. I believe the additional conditions are unnecessary as cabin owners such as myself are already responsible and liable for health and safety issues within our properties, eg hot tubs. I somewhat disagree with the guest safety - boats, bbqs etc need to be safe. Some however is user responsibility. It is the responsibility of the person renting to make sure they are safe These Sports items in Guest Safety are supplied with "at your own risk" on the site. None of these examples are a genuine problem in this area. This will be difficult to monitor regarding things like bikes but appropriate for hot tubs etc Very well thought out Commentary: 1. All of the matters addressed in the additional conditions for guest safety represent topics which have required enforcement intervention from the Environmental Health service in the holiday let sector. 2. Anyone providing facilities for the use of other persons will be liable at common law if injury results from their use if they have failed to exercise reasonable care to ensure the safety and proper maintenance of those facilities. 3. Additionally, the operation of a holiday accommodation business is an undertaking for the purposes of the Health and Safety at Work etc. Act 1974, with statutory duties imposed upon the operator to conduct the undertaking in such a way as to ensure, so far as is Recommendation: 6. That the additional condition on damage to property be included in the Council’s short- term lets licensing scheme. Page 154
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Page 11 of 29 reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety. 4. A licence holder cannot contract out of their health and safety or common law duties using unfair contract terms such as “use at your own risk”. 5. The mandatory conditions include requirements to evidence compliance with other statutory duties such as gas safety. 6. Guests are entitled to assume that short-term let accommodation and the facilities provided for them are safe. This is a policy aim of the licensing scheme. 7. Overall, 83% of respondents who indicated a preference supported the inclusion of additional conditions for guest safety. Temporary exemptions Proposal not to grant temporary exemptions 543 responses were received to this question. 425 respondents,78% of the total, agreed with the Council’s position not to grant temporary exemptions. 118 respondents, 22% of the total, disagreed. The following comments represent the range of responses received. Recommendation: 7. That all of the proposed additional conditions for guest safety should be included in the Council’s short-term lets licensing scheme and applied to the premises which offer the specific facilities to guests. Why should other short term let hosts be given special dispensation when they could be just wanting to make some quick cash from a one off event and in the process not have to follow the rules of safety etc that other hosts have to abide by..? I do not agree with this. What about music festivals on the islands, where there is a need for short term accommodation with an influx of visitors for a few days. This attempt to 'maintain standards' will kill local flexibility and initiative. We live on a small island and sometimes there is simply not enough accommodation for visitors during major events. We rely heavily on tourists to support the local economy. During these events, I think temporary exemptions would be valuable for the community. However, 6 weeks could be reduced to 3 weeks as I'm sure that would be enough to cover popular events on Mull. we live in a remote and rural area with limited accommodation - there will be events, festivals, weddings, emergencies etc. in the community which generate extra temporary accommodation requirements that cant be met if there is no facility for temporary exemptions - need to keep the doors open and the economy functioning as well as communities flourishing so havingsome leeway with a temp exemption is a necessity. There may be times when temporary extensions are vital for locally run events such as Tiree Music Festival. In a region where lots of places don't have hotels the need to be able to offer flexible accommodation for short periods is vital. Prices at the moment are THROUGH THE ROOF - I know lots of people who want to visit Scotland at the moment who are put off by the costs and not coming. That hurts us all. Page 155
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Page 12 of 29 The Scottish Series is TARBERT’s sole nationally significant Tuscan sailing fixture. If you proceed, you will prevent it continuing. QED The fees charges and the red tape that goes with it could be seen to be too great , that it would discourage home owners in sharing their home. For short periods up to 6 weeks better to advertise , what is expected of home owners for 'Home sharing'. There are not many events in Argyll I can immediately think of, perhaps the Cowal games in Dunoon or any large sporting event that may come into Argyll eg 'Tour of Britain'. We do not agree with the Council’s approach to not grant any temporary exemptions. This approach is said to be because “the licensing regime is intended to ensure that premises are safe to let, and exemptions may reduce standards”. For the Council to conclude at this stage that a temporary exemption “may” reduce standards is entirely premature. In enacting the 2022 Order, the Scottish Government put in place the licensing scheme to ensure basic safety standards are in place across all short-term lets operating in Scotland. In allowing for the principle of temporary exemptions, the Scottish Government must have been satisfied that a temporary exemption would not reduce basic safety standards (since, were it otherwise, the Scottish Government would not have permitted local authorities to grant temporary exemptions). In terms of paragraph 1A(3) of Schedule 1 to the 1982 Act, it will also be open to the Council to attach conditions to any exemption granted, and which would permit the Council to attach such conditions as it felt necessary in connection with safety matters. We believe that the Council should enable temporary exemptions to cover major sporting events, major international events, festivals and first-time operators trying out short-term letting for the first time. Short-term lets provide additional accommodation during important times of the year, e.g. the summer festivals. Argyll and Bute Council need only look to a nearby local authority in Glasgow to see how short-term lets allow a city to tackle capacity issues and host a major event. 30,000 delegates, officials, and observers were expected at COP26 in the city; yet Glasgow’s hotel capacity is only 15,000. To ease the supply of accommodation, Airbnb offered first-time hosts a £100 bonus to welcome delegates. I think they should have to apply for a full licence for the correct fee instead of a temporary licence for what will probably be a reduced fee. I also think this would give short-term let owners the opportunity to rent out the property in quieter seasons to locals then evict the renters from their home in order to set up a short-term let for the busier seasons which I consider immoral. Commentary 1. The responses from small island communities in particular highlight the role that local people have in taking guests into their homes during significant local events, such as the Jura Fell Race, the Tarbert Series or the Cowal Games, where the normal supply of accommodation cannot meet the demands. Many of these events are of considerable economic, social and cultural significance, not only to the individual islands or towns, but to the wider Argyll and Bute economy. 2. Temporary exemptions would meet the need for one-off home-letting or home-sharing arrangements, but could not meet the need for accommodation to be provided outwith a single specified period of six weeks in any 12 month period. This is a feature of the law and is not a matter for discretion on the part of the Council. 3. Temporary exemptions clearly have a role to play in supporting local events and local economies, particularly on the islands. However, they have structural limitations. Page 156
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Page 13 of 29 4. There is a risk to the stability of the residential letting market if landlords are able to evict tenants for the summer season simply to extract greater income from tourists and visitors. This is widely considered to be an economic and social vice in Edinburgh with its summer festivals and St Andrews with the annual golfing tournament. Should additional conditions apply to temporary exemptions 417 respondents, 82% of the total, considered that the additional local conditions should apply to any temporary exemptions. 94 respondents, 18% of the total, considered that they should not. The following comments represent the range of responses received. Temporary licences Should the Council introduce temporary licences 329 respondents, 62% of the total, agreed that the Council should introduce temporary licences. 204 respondents, 38% of the total, disagreed. Reasons why they should not be introduced included: Recommendations: 8. That the Council provides for temporary exemptions to be made available within Argyll and Bute. 9. That a temporary exemptions policy statement be developed and published in accordance with the Part 2 Guidance. 10. That any temporary exemptions policy shall protect private tenants from eviction, disruption and abuse. Would be totally impractical - could use a small number of common sense provisions. You either have a licence or you don't. Short term exemptions will be difficult to manage, and open to abuse. Yes if its possible to implement, but this might not be practical if the exemption is just for a short amount of time Why wouldn’t you make them comply to the same standards etc Keep the licences as simple as possible. To ensure that premises are safe to let, standards are maintained and local residents are protected from unregulated lettings. If there is an exemption then it makes no sense that any licence conditions should be applied. Those letting such premises for whatever reason or length are still benefitting by receiving an income from their business therefore they should havecto comply at all times to the regulations I don’t think additional local conditions should apply to either exemptions, a full licence or a temporary one. Recommendation: 11. That further consideration should be given to which, if any, additional local conditions are applied to temporary exemptions. Why would anybody need a temporary licence Why is there a need for a temporary licence. Just wait until you get a licence Page 157
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Page 14 of 29 Commentary: 1. Many respondents conflated the issues with temporary exemptions with this question about temporary licences. 2. A temporary licence cannot be used to circumvent the application process for a new host, who cannot let the premises until their full licence has been granted. 3. It has been brought to the Council’s attention that the sale of letting property on an ongoing concern basis requires a transitional arrangement to ensure the continuity of the business and to protect guests’ previously-booked accommodation and travel arrangements. The law provides that a licence is specific to a licence holder and a premises – it is not transferrable. Therefore, there is a role for a purchaser to apply for and hold a temporary licence to ensure the continuity of a letting business whilst the purchase of a property is completed and until a full licence application can be determined. If temporary licences are introduced, should additional local conditions apply Respondents who answered this question were 80% in favour of applying the additional local conditions to any temporary licence. Fees and charges Different scales of fees for home sharing and home letting licences compared with secondary letting licences 365 respondents, 67% of the total, agreed that there should be a lower fee for home sharing or home letting licences compared with secondary letting licences. 176 respondents, 33% of the total, disagreed. The following comments represent the range of responses received. Temporary licences would not be subject to full scrutiny as a full licence application would, and properties may not meet the health and safety requirements that are expected of fully licenced properties. Temporary licences may be used to test the viability of commercial letting, potentially prematurely removing a property from permanent occupation. Temporary licences can provide a way for licensing authorities to allow new hosts and operators to both trial the concept of short-term letting for up to six weeks as well as to start taking guests whilst their licensing application is being considered. There is no risk to the Council in proceeding in this manner for temporary licences given that hosts and operators must still comply with all of the mandatory conditions. Recommendation: 12. That the Council develop a temporary licences policy, setting out the specific circumstances to be considered and the criteria to be applied to any temporary licence. You have not detailed what the fees are going to be, so I cannot give an objective answer to say whether this banding is a fair reflection of the fees. The UK Government's Code of Practice on Consultation states under Citerion 3: Clarity of scope and impact Consultation documents should be clear about the consultation process, what is being proposed, the scope to influence and the expected costs and benefits of the proposals. Page 158
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Page 15 of 29 While the weightings are in in the right direction, A&B Council should work to mitigate the myriad negative impacts of the STL order through minimised/progressive fee structure (free for home share applicants, much higher for commercial operators of multiple secondary lets) and a ultra light handed approach to applications and compliance (approve most applications automatically with rudimentary checking to minimise administration burden on the council – there is no significant STL problem in A&B now so there is no problem to fix). The council must publish its proposed fees as part of this consultation as other authorities have and extend the consultation period accordingly Weighting is too lenient on secondary lets. I would suggest a secondary, short term let be weighted at least 4x more than home sharing or letting due to the impact that secondary lets have on availability of accommodation for people who wish to live and work on Mull Usually I let my chalet to groups of 4 people but, occasionally, a group of 5 wants to stay - this is usually families with 3 children. To keep my costs reasonable I allow the 5th guest at a nominal charge. If I’m going to pay extra for having 5 guests rather then than 4, I’m going to have to pass this cost on to all my guest groups which will be unfair to the majority. I think the second category should be 3 - 5 guests. You have to realise that guests love to get together under one roof in a lovely area and share happy times and create happy memories. It seems to me that when considering holiday lets the happiness they create for guests is not part of the consideration. If the fees are too high then hosts will close down the property or certainly restrict the number of guests. please also understand that although a property can cater for 6 many times there are two or four people as guests. If you make the fees too high then I would just reduce my capacity to 4 and tbh probably earn the same amount of money per week. There are too many bandings and they do not account for the typical family size of 2 adults and 2 or 3 children (and multiples where families might holiday together). A simpler set would be 1-2, 2-5, 5-10, >10. Moving to more that 2x is excessive, and becomes a tax rather than an administration charge. Fees – the licence fee should be proportionate to/capped against the average weekly letting rent (as advertised) of the premises (to avoid unfairly penalising low cost locations). There appears to be a bit of a ramp here. I don’t accept that there is more work per head for most applications. The aim of this exercise needs to be to improve standards for users and promote better neighbourliness. As it stands it looks like something the council has been forced to do and is determined to make money out of. Most, if not all of the checks required can be addressed by the provision of documentation signed by competent people - which can be checked by sample if required. The fees for home sharing in respect of two to four guest accommodation should be materially lower than for other types of licence as this size of business already suffers disproportionately from high running costs as a percentage of revenue. It is also unlikely that small home sharing businesses will be a cause of the issues this legislation is aimed at controlling. the differential between an average let of 3-4 people and 1-2 is too high - it is a reduction of only 20% when the next uplift to 5-8 is 50% - puts increased pressure on very small business in 1-2 market where there is not the same opportunity to recoup costs through a higher rental income - additional costs are being incurred not just through licence fee but also various testing certificates, and increased energy and cost of living prices. the 1-2 market is often the pensioner market and this licensing regime is going to make the costs of holidays much more expensive for a segment of the market on which Argyll is highly reliant. Page 159
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Page 16 of 29 The band 5-8 covers 3 and 4 bedroom houses. 3 bed with 6 people is a totally different impact on the community than 8 people in one house. There should be a band that covers 5 - 6 at maybe 1.25 times (Secondary let) and then 7-8. You are grouping this wrongly and tarring a 3 bed with a capacity for 6 people in the same group as a large property with 8 people. Should be higher for secondary let license. Holiday let's should be small houses or part of a house like an annex etc. Put high fees to stop people buying a 4 bed house and letting it out to tourists. Someone with a property sleeping 4 on band 3-4 may have 4 adults plus two children under 10, if children are not counted it still takes the occupancy up to 6 are the children sleeping on a sofa bed? Whereas someone on band 5-8 (but with a maximum occupancy of 6) may also have 4 adults and two children. How will the council differentiate between the two bands if children are not counted? Properties sleeping 4-6 are the most suitable for families.Therefore I think the banding should be 1 to 3, 4 to 6, 7 to 8 then 9 to 12 and so on for fairness. Should be based on SAA business rates which is number of usable beds. Max occupancy has to be for usable beds in bedrooms. No sofa bed’s allowed Secondary letting is more of an issue when it comes to availability of housing. If you live in a house that is your home and let a couple of bedrooms, you are not affecting the housing situation in any way as you're already occupying the property. Secondary letting (a) makes far more money so owners can afford a higher fee; (b) adversely affects availability and affordability of housing in rural/island areas; (c) is far more likely to cause anti-social behaviour as the owner isn't on the property (and is sometimes hundreds of miles away, relying on an agency to do the paperwork). Therefore, secondary let licences should be charged at a much higher rate. Noise and antisocial behaviour escalates steeply the larger the group. I would suggest the starting point for a fee structure should be 1 with the tariff increasing geometrically for each capacity grouping. No. I am a home-share with 3-4 guest capacity and there's no way I should be paying almost the same as a second home or 'investment property' of the same size. 1-2ppl 0.5 and 3-4ppl 0.6 is fair. I can understand the logic of large properties - eg 20 plus - but i dont agree that say an 8 bed property (4 bedrooms) will entail more work and enquiries than a 4 bed (2 room) property. home sharing/home letting should not be treated differently than secondary letting, the same rules apply to each home sharing, home letting and secondary letting should all be weighted in the same way, there should be no reduction for home letting and home sharing, Currently any B&B / Guest House which accommodates 6 or less people does not / cannot apply to be treated under the business rate regime, therefore the banding should reflect this, potentially 1 to 6 guest capacity should weighted 0.6 - 0.7 with capacity 6 - 8? weighted 1 with higher capacities weighted according to the proposed table - Secondary letting; I think the bands are too narrow and therefore adding to the costs of running the scheme - I would advocate multiple of 6's. Commentary: 1. This part of the consultation attracted the most comments. Many respondents expressed concern that the actual level of fees were not indicated. Whilst this is regrettable, and the Council recognises that this information is very important to the sector, the costs of Page 160
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Page 17 of 29 delivering the function were not available at the time of issuing the consultation and therefore indicative fee levels could not be provided. 2. The principles of fee-setting are laid out in Section 3 of the Part 2 Guidance. These are: that fees are set on a cost-recovery basis considering the overall cost of delivering the function; that local authorities’ areas vary considerably and that that the costs of delivering the function, and therefore the fees determined, will vary from local authority to local authority; and that local authorities review their fees from time-to-time to ensure that the revenue from fees remains in line with the running costs of the licensing scheme. 3. The Scottish Government expects local authorities to seek to minimise costs through economies of scale, integrated service delivery where possible, minimising visits to conduct enquiries as part of the licensing process, and taking a proportionate approach to the use of visits as part of the checking and verification process. 4. It is clear that the costs of travel to remote parts of the Council’s area and the islands is greater than travel in smaller, mainland, authorities. The Part 2 Guidance permits local authorities to determine a fee structure that would charge the costs of visits for routine licensing purposes over and above the basic application fee. The Council does not propose to do this because (a) this could lead to disputes about the necessity of visits and (b) would disproportionately disadvantage hosts and operators on islands where the actual costs of visiting a site could be considerably more than the cost of the licence, particularly when travel delays would have to be costed and recovered. For these reasons, and to conform to the Council’s policy of delivering the same standard of service to all parts of its area, the cost of necessary visits to check and verify licence applications is intended to be recovered across all licence applications as part of the cost of the function. 5. Some respondents raised the question of whether renewal fees could be nominal. At present, the proposed fees for renewing a licence are the same as for a new application, on the basis that the applicant requires to provide similar information as for a new licence and the processing demands are equivalent. It is open to local authorities to consider a subscription in place of the renewal fee, should they wish to do so. This is an option that will be considered when fees are reviewed in three years’ time, ahead of the first renewal cycle. Differential fees for home letting or home sharing compared with secondary letting 6. Note that The Scottish Government recommend that local authorities, at a minimum, establish a licence fee structure that takes account of the following: the type of licence with lower fees set for home sharing and home letting licences than for secondary letting licences; and guest capacity in terms of the maximum number of guests, as requested by the host or operator on their application form. Note that some licences will be for premises including significant numbers of unconventional accommodation, such as pods or lodges on the same site where a caravan site licence is not otherwise required. Page 161
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Page 18 of 29 7. There was general agreement with this proposed approach, although concerns were raised specifically about the bandings and the weightings to be applied to fees. These points are discussed in more detail below. The proposed fee structure Bandings 8. The bandings proposed were based upon the Scottish Government’s example banded fee structure set out in the Part 2 Guidance, with two bands merged. 9. It is clear from the consultation responses that: a. The bands are too narrow, and b. The “standard” secondary let premises should be regarded as a three-bedroom property that can sleep 6 persons, including children under the age of 10 years. Weightings 10. There was broad support from respondents for the weighted approach to setting fees, although there was a wide range of opinion on the actual applied weighting values. 11. Respondents challenged the Council’s assertion in the draft policy statement that larger secondary letting premises would necessarily attract more objections and representations, or require more work to process their applications. The Council considers that larger premises are more likely to require physical site inspections as part of the application determination process compared with smaller, more conventional, premises and therefore an increased fee is proportionate and appropriate. 12. The assessment of larger premises, accommodating more than, say, 12 persons will probably bear comparison with the assessment of similar-sized houses in multiple occupation. Other comments received in the course of the consultation Other comments received in the course of the consultation were focussed on the following areas: 1. That the licensing scheme was unnecessary. Comment: This is a statutory scheme which the Council is required to implement in accordance with the Order and the guidance issued by the Scottish Government. 2. That the financial circumstances of many short-term let business were fragile and that the licensing scheme would drive some operators out of business. Recommendations: 13. That home letting and home sharing licences should generally attract a lower application fee than applications for secondary letting licences. 14. That the proposed bandings be reviewed to reduce them in number and to standardise against a three-bedroom, six-person-accommodating premises. 15. That a further review of the weightings be conducted to prepare a final banding and weighting model, based upon best evidence and reasonable assumptions. Page 162
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Page 19 of 29 Comment: These are policy matters which are the responsibility of the Scottish Government, which introduced the licensing scheme in its present form after wide public consultation and in consultation with the trade and other interested parties. 3. That very small premises should be exempt from the scheme. Comment: The scope of the scheme is defined in stature and the Council is required to implement it in full. 4. That home-share businesses, e.g. guest houses which pay non-domestic rates, should be exempt from fees. Comment: The guidance from the Scottish Government already advises that home share and home letting businesses should be charged a lesser fee than secondary letting businesses. Additionally, premises accommodating fewer persons are expected to be charged a lesser fee than premises accommodating larger numbers of persons. 5. That the licensing scheme should be used to control the numbers of premises in use as short-term lets in specific locations due the removal of houses from the private rental sector and making housing less affordable for local people seeking to live and work in their home communities. On this point, one respondent commented: Commentary: The licensing scheme per se cannot be used to control the numbers of short-term lets in any particular locality. Excepting objections and representations, every application must be assessed on two grounds only: whether the applicant is a fit and proper person to hold a licence, and whether the applicant can meet the licensing conditions. The control of conversion of dwellinghouses to short-term let use is a planning matter5. Either the Council or the Loch Lomond and The Trossachs National Park may determine in the future to create one or more short-term let control areas under planning legislation. This would require any new applicant to demonstrate that planning permission had been obtained for the use as a short-term let before an application could be considered. At the present moment, neither planning authority has determined to do so within the area of Argyll and Bute Council. 5 Planning Circular 1/2021: Establishing a Short-Term Let Control Area I … believe short-term lets are one of the main causes for Oban's housing crisis and they have been allowed to take advantage and have it easy for too long when there are families and local working professionals struggling to find suitable accommodation because of people (some of whom don't even live in the area) who have bought properties that should be accessible homes and converted them into business opportunities for their own personal gain. I haven't given a postcode because I don't have a home of my own due to the level of short-term let properties there are - it really restricts the accessibility to housing in the area, which I grew up in. While I was growing up, Oban was a community driven town and it appears to have been consumed by tourism to the point that visitors to the area are significantly prioritised more over the people who live here. There should be a fair balance between tourism and community. Page 163
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Page 20 of 29 Other responses received in the course of the consultation raised technical issues in relation to the application of the licensing scheme, or which type of licence would be required in particular circumstances, the application to caravan sites and chalet parks, and the need for comprehensive guidance to assist applicants in getting their application right first time. Commentary: All of these points are recognised and many are actually addressed in the Part 1 Guidance for hosts and operators. The Council recognises that there are unconventional offers of short-term let accommodation and there will be a facility for applicants to make enquiries of the Regulatory Service Licensing team in advance of completing their application. Licensed caravan parks are exempt from short-term let licensing in respect of the licensed caravan units. The Council considers that the great majority of applicants will be able to identify which licence applies to their business. The Council is committed to making the application process as straightforward as possible; both in the interests of applicants and reducing the costs of dealing with invalid applications. To conclude, in the words of one respondent: “(1) You can’t please everyone. (2) Try to keep it consistent and simple.” Page 164
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Page 21 of 29 Appendix 1 – Summary of recommendations 1. That children under the age of 10 should be included in the occupancy limits for a premises. 2. That the additional condition on antisocial behaviour be included in the Council’s short-term lets licensing scheme, subject to amendment to include specific reference to noise from amplified music in gardens and external areas. 3. Give further consideration to the need for the impact noise condition and, should it be considered necessary, whether an exception should be made for constructions which are compliant with the Domestic Technical Standard 5.1. 4. Amend the antisocial behaviour condition to make specific reference to the avoidance of disturbance from the playing of amplified music in gardens or external areas. 5. That the additional condition on littering and waste control be included in the Council’s short-term lets licensing scheme. 6. That the additional condition on damage to property be included in the Council’s short-term lets licensing scheme. 7. That all of the proposed additional conditions for guest safety should be included in the Council’s short-term lets licensing scheme and applied to the premises which offer the specific facilities to guests. 8. That the Council provides for temporary exemptions to be made available within Argyll and Bute. 9. That a temporary exemptions policy statement be developed and published in accordance with the Part 2 Guidance. 10. That any temporary exemptions policy shall protect private tenants from eviction, disruption and abuse. 11. That further consideration should be given to which, if any, additional local conditions are applied to temporary exemptions. 12. That the Council develop a temporary licences policy, setting out the specific circumstances to be considered and the criteria to be applied to any temporary licence. 13. That home letting and home sharing licences should generally attract a lower application fee than applications for secondary letting licences. 14. That the proposed bandings be reviewed to reduce them in number and to standardise against a three-bedroom, six-person-accommodating premises. 15. That a further review of the weightings be conducted to prepare a final banding and weighting model, based upon best evidence and reasonable assumptions. Page 165
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Page 22 of 29 Appendix 2 – Consultation questionnaire Full name Postcode Email address Which of the following apply to you? o Short-term let host/operator o Short-term let guest o Short-term let neighbour o Other member of the public o Community Council o Trade association (please specify) o Other (please specify) Draft Licensing Policy Have you read the draft policy? o Yes o No Are there any other areas of the Draft Policy statement or the proposed additional conditions that you wish to make comments on? o Yes o No Occupancy levels and children It is a mandatory condition of a short-term let licence that hosts and operators ensure they do not exceed the maximum number of guests for their premises. The Council may choose to specify on an individual licence that guests may bring children under a specified age and these children would not count towards the occupancy of the premises. Scottish Government Guidance states that Licensing Authorities may wish to set the age limit as ‘under 10 years’. Should children under the age of 10 count towards the occupancy of a premises? o Yes o No Please state your reasons Additional conditions All short-term lets which are granted a licence will be required to comply with a set of mandatory conditions which apply across all of Scotland. The Council has a discretionary power to impose additional conditions for short-term let properties. The Council has proposed a number of the additional conditions covering a number of specific areas. These are attached in the Appendix to the consultation. Do you agree with the proposed additional conditions? Page 166
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Page 23 of 29 Agree Disagree Antisocial behaviour ○ ○ Noise ○ ○ Waste collection / disposal ○ ○ Failure to maintain common areas ○ ○ Guest safety (bicycles/boat safety/hot tubs/barbecue huts/outdoor play equipment etc.) ○ ○ If you disagree with any of the above points please state your reasons. Should other areas/issues be covered by additional controls? o Yes o No Should any of the proposed additional conditions be applicable to certain types of short- term licences (i.e. secondary letting, home letting or home sharing or certain types of properties? o Yes o No Please provide details and reasons. Temporary exemptions The Council has the option to grant temporary exemptions to the requirement to have a licence for a period of up to 6 weeks which would need to be applied for. This could be to allow a large influx of visitors over a short period for a particular event. The Council is not proposing to consider applications for temporary exemptions because the licensing regime is intended to ensure that premises are safe to let, and exemptions may reduce standards. Do you agree with the approach to not grant temporary exemptions? o Yes o No If temporary exemptions to a licence are introduced, should the additional local conditions apply? o Yes o No Please provide reasons for your answer. Temporary licences The Council has the ability to grant temporary short-term let Licences for a period of up to 6 weeks, or longer if an application has been made for a full licence. Please note that in applying for a temporary licence full compliance with mandatory conditions is necessary. Do you think the Council should introduce temporary licences? o Yes o No Page 167
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Page 24 of 29 If temporary licences are introduced, should the additional local conditions apply? o Yes o No Please provide reasons for your answer. Fees and charges Licensing authorities can take account of the size of premises, number of guests and type of premises in setting a banding structure for its fees. The Council are considering the following principles. 1. That there will be a lower fee for home sharing and home letting licenes (e.g. B&B etc.) rather than secondary letting (holiday homes etc.). This reflects the position that the owner lies within the properties for home lets or shares and has a greater degree of control. Do you agree with this position? o Yes o No 2. A fees structure based on the following bandings, increasing with the number of occupants. The fee charged will be weighted according to the following factors, where the unit fee is the cost of dealing with a non-controversial application for a 4-person secondary let licence. Applications for premises with larger number of guests are likely to require more enquiries, or attract more representations, or objections, which require to be dealt with as part of the application. Guest capacity (People) Home sharing and home letting licence Secondary let licence 1 or 2 0.6 0.8 3 or 4 0.8 1.0 5 to 8 1.0 1.5 9 to 12 1.5 2.0 12 to 20 2.0 4.0 21+ 4.0 8.0 Do you agree with the bandings and weightings as presented in the table? o Yes o No Please detail any other comments you have on the short-term let licensing regime. Page 168
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Page 25 of 29 Appendix 3 – Proposed additional conditions Additional conditions based on Part 2 Guidance Antisocial behaviour 1. The licence holder must take reasonable steps to manage the premises in such a way as to seek to prevent and deal effectively with any antisocial behaviour by guests to anyone else in the short-term let and in the locality of the short-term let. 2. The licence holder must take reasonable steps to: Ensure that no disturbance or nuisance arises within or from the premises, for example by explaining the house rules to the guests; Deal effectively with any disturbance or nuisance arising within or from the premises, as soon as reasonably practicable after the licence holder is made aware of it; and Ensure that any vehicles belonging to guests are parked lawfully, for example explaining where any designated parking spaces are to be found and highlighting any local rules. Privacy and security 1. The licence holder must manage the premises in such a way as to respect and protect the privacy and security of neighbours. 2. The licence holder must ensure: Guests know and understand any particular rules applying to shared areas and entrances; Guests understand that shared doors should be properly and securely closed after use; and The provision of access codes or keys to guests cannot be used by guests to gain access to shared areas after they have finally departed. Noise control in flatted premises 1. Where the premises are a flat above another dwellinghouse, the licence holder must: Fit and maintain carpets (with appropriate underlay) to the floors of bedrooms, living room and any hallway. Take reasonable steps to ensure that guests do not first arrive or finally depart from the property between the hours of 2300 and 0700. The licence holder must advise guests of this condition as part of their booking terms and conditions. 2. Note that “reasonable steps” allows for unavoidable circumstances, such as significantly- delayed transport. 3. The licence holder must take reasonable step to ensure that guests do not play amplified music within the garden or external areas after [23:00 hours] where it would impact neighbouring residents. Page 169
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Page 26 of 29 Littering and waste disposal 1. The licence holder must provide adequate information on, and the facilities for, the storage, recycling and disposal of waste. 2. The licence holder shall be responsible for advising residents of the refuse collection day and for making arrangements for the presentation of bins for collection at the appropriate time and day. 3 The licence holder must advice guests of: Their responsibilities; The use of the bins etc. provided for the premises; and The location of the nearest recycling area or recycling point. 4. The licence holder must: Clearly label bins as belonging to the premises; Ensure that guests manage their waste in compliance with (2), including when they depart; and Maintain the bins storage area and the exterior of the premises in a clean and tidy condition. Damage to property The licence holder shall not affix a key box, or any other device to facilitate guest entry to the premises, to any public or jointly-owned private structure or infrastructure without the prior written permission of the relevant authority or owner(s). The licence holder must be able to produce the written permission to the licensing authority on demand. Additional Conditions for Guest Safety Legionella risk assessment – spa pools/hot tubs 1. Where a spa pool, including any electric hot tub or wood-fired hot tub, is provided for the use of guests, the licence holder must install, maintain and operate it so it can be safely operated and used by guests. 2. The licence holder shall ensure: That any such spa pool is installed and maintained in accordance with the guidance in HSE publication HSG282 Control of legionella and other infectious agents in spa- pool systems. That there is a risk assessment and written scheme of control for Legionella in respect of any such spa pool. That the risk assessment and written scheme of control are lodged with any application for a licence and are to the satisfaction of the licensing authority. That, prior to any spa pool being brought into use for the first time during the period of the licence, at least 28 days’ notice shall be given to the licensing authority and Page 170
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Page 27 of 29 the risk assessment and written scheme of control shall be submitted at the time of such notice. 3. The licence holder shall provide guests with information on the safe use of the spa pool in accordance with the written scheme of control. 4. The licence holder shall not provide or install any inflatable hot tub for the use of guests without the prior written approval of the licensing authority. Note that the licensing authority will not give approval in respect of inflatable hot tubs not intended for commercial use and which cannot conform to the requirements of HSG282. Guest safety – swimming pools and ponds 1. Where a swimming pool or swimming pond is installed and provided for the use of guests, the licence holder must take reasonable measures to ensure water quality and bather safety. 2. The licence holder shall ensure: In the case of swimming pools, that a pool safety operating plan is prepared and lodged with any application for a licence and is to the satisfaction of the licensing authority. The licence holder shall have regard to the guidance in HSE publication HSG179 Health and safety in swimming pools. In the case of swimming pools and swimming ponds, that a bather safety plan is prepared and lodged with any application for a licence and is to the satisfaction of the licensing authority. The bather safety plan shall include measures to minimise the risk of bathers getting into difficulty, to facilitate the rescue of bathers in difficulty and to call for the assistance of emergency services where necessary. That, prior to any swimming pool or pond being brought into use for the first time during the period of the licence, at least 28 days’ notice shall be given to the licensing authority and the pool safety operating plan and bather safety plan shall be submitted at the time of such notice. 3. In this condition, “swimming pond” means an outdoor body of untreated water in natural ground which has been excavated or modified to provide a facility for swimming. It does not include natural watercourses, fresh-water lochs or coastal waters. 4. This condition does not apply to swimming pools which are staffed and operated with continuous poolside supervision by trained lifeguards. Risk of Carbon monoxide – barbecue huts 1. Where a barbecue hut is installed and provided for the use of guests, the licence holder must take reasonable steps to ensure that the risk from Carbon monoxide is minimised. 2. The licence holder shall: Install, maintain and operate the barbecue hut only in accordance with the manufacturer’s instructions. Install and maintain in proper working condition a Carbon monoxide monitor and alarm within the barbecue hut. Page 171
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Page 28 of 29 Provide guests with instructions on the safe use of the barbecue hut, the symptoms of Carbon monoxide poisoning and the actions to be taken in an emergency. Not permit the use of the barbecue hut by persons under the age of 18 except in the presence of a person over the age of 18. Not permit the use of a barbecue hut as sleeping accommodation. Guest safety – provision and use of watercraft 1. Where any watercraft are provided for the use of guests, the licence holder must take reasonable measures to ensure the suitability and safety of the watercraft and the safety of persons using them. 2. The licence holder shall ensure: That any watercraft provided are suitable for the waters upon which they are intended to be used. That any watercraft are operated and maintained in accordance with the manufacturer’s instructions. That personal flotation devices are provided which are suitable for the use intended and the user, and have regard to the categorisation of any inland waters or standards issued by the Maritime and Coastguard Agency. That personal flotation devices are inspected and maintained in accordance with the manufacturer’s instructions. That guests are provided with proportionate safety information about the use of watercraft, including the intended areas of use, local hazards, adverse weather conditions, actions to take in an emergency, and the means of contacting the emergency services. 3. In this condition, “watercraft” means any boat, canoe, kayak, stand-up paddleboard, raft, or similar vessel capable of carrying passengers or being ridden upon, and equipped with sails, or an engine, or capable of being directed or steered using oars or paddles. 4. In complying with this condition, the licence holder shall have regard to advice and guidance issued by authoritative bodies including, where appropriate, MCA, RoSPA and the Scottish Canoe Association. 5. In the area of the Loch Lomond and The Trossachs National Park, the licence holder shall comply with any relevant byelaws issued by the National Park Authority. 6. This condition does not apply to premises where the vessels provided are done so under the terms of a current boat hire licence issued by the licensing authority and operated in compliance with the conditions of such a licence. Guest safety – provision of bicycles 1. Where bicycles are provided for the use of guests, the licence holder must take all reasonable steps to ensure the safety of persons using them. 2. The licence holder shall ensure: Page 172
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Page 29 of 29 That any bicycles provided are suitable for the use intended and for the user. That, where cycle helmets are provided, they are suitable for the use intended and the user. That there is a programme of inspection and maintenance in place to ensure that bicycles and cycle helmets are only made available to guests when they are in a safe condition. 3. In complying with this condition, the licence holder shall have regard to the Cycle Hire Guidelines of the Association of Cycle Traders. Guest safety – outdoor play equipment 1. Where any outdoor play equipment is provided for the use of guests, the licence holder must take all reasonable steps to ensure the safety of persons using the play equipment. 2. The licence holder shall ensure: That only equipment which is suitable for the use intended shall be installed and provided for the use of guests. That play equipment is installed and maintained in accordance with the manufacturer’s instructions. That play equipment is subject to an inspection and checking regime in accordance with the manufacturer’s instructions. That rules are in place and communicated to guests to ensure the safe use of play equipment and to prevent its abuse. 3. In complying with this condition, the licence holder shall have regard to the RoSPA Code of good practice for play areas and the RoSPA guidance on the safe use of garden trampolines. 4. The provision for the use of guests of inflatable play equipment which is intended for bouncing or climbing on is prohibited. This prohibition does not apply to inflatable play equipment which, at all times when it is use, is directly supervised by the licence-holder or their agent, or an employee of the licence-holder or their agent. Page 173
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Short-term Lets Licensing Final Draft - Policy Statement Page 175
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2 Contents Foreword 1. Background 2. Timescales for applying 3. Definitions 4. Application and notification 5. Objections and representations 6. Determination of application 7. Right of appeal 8. Licence duration and renewal 9. Licence conditions 10. Temporary exemptions 11. Temporary licences 12. Compliance and enforcement 13. Variation of a licence 14. Suspension and revocation of a licence 15. Planning permission 16. Equality 17. Fees Appendix 1 – Contact details Appendix 2 – Hearing procedure Appendix 3 – Mandatory conditions Appendix 4 – Additional conditions Page 176
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3 Foreword This policy statement is the first one published by the Argyll and Bute Council. The purpose of the policy is to provide guidance for applicants, licence holders and members of the public on the licensing system for short-term lets. Consultation on the draft policy statement took place during the period from 18th July 2022 to 5th August 2022. A report providing details of the comments received from consultees was considered at the meeting of the Planning, Protective Services and Licensing Committee on 28 September 2022 and Council on the 29 September. A copy of the report is available online at Meetings, agendas, and minutes - Argyll and Bute Council (argyll-bute.gov.uk) This policy statement will be reviewed and revised when necessary. Page 177
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4 1. Background 1.1. On 19th January 2022, The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 (“the Order”) was approved by the Scottish Parliament. The Order came into force on 1st March 2022 and inserts new legislative provisions into the Civic Government (Scotland) Act 1982 (“the Act”). 1.2. The Order introduces a new mandatory licensing system for short-term lets which local authorities are required to establish by 1st October 2022. 1.3. Prior to the introduction of the legislation, there was no requirement to licence short-term lets and, therefore, local authorities did not have the ability to regulate these types of premises. 1.4. The licensing scheme was brought in by the Scottish Government with the aim to ensure short-term lets are safe, address issues faced by neighbours, to facilitate local authorities in knowing and understanding what is happening in their area, and handling complaints effectively. It also enables local authorities to ensure the people providing short-term lets are suitable. The legislation aims to make sure that the economic and tourism benefits from short-term lets are balanced with the needs and concerns of local communities. 2. Timescales for applying 2.1. After 1st October 2022, new hosts and operators will need to have a licence. This means that, if you were not using your premises to provide short-term lets before 1st October 2022, you can advertise but not take bookings or receive guests until you have obtained a licence. 2.2. Existing hosts or operators (those using accommodation to provide short-term lets before 1st October 2022) have until 1st April 2023 to apply for a licence. During this period you can operate without a licence (by continuing to take bookings and receive guests) unless your licence application has been determined and refused. 2.3. After 1st April 2023, existing hosts can only continue to operate if they have submitted an application for a licence on or before 1st April 2023 that has not yet been determined or been granted a short-term let licence. Page 178
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5 3. Definitions 3.1. A short-term let is defined in the 2022 Order as the use of residential accommodation provided by a host in the course of business to a guest, where all the following criteria are met- (a) the guest does not use the accommodation as their only or principal home, (b) the short-term let is entered into for commercial consideration, (c) the guest is not- (i) an immediate family member of the host, (ii) sharing the accommodation with the host for the principal purpose of advancing the guest’s education as part of an arrangement made or approved by a school, college, or further or higher educational institution, or (iii) an owner or part owner of the accommodation, (d) the accommodation is not provided for the principal purpose of facilitating the provision of work or services by the guest to the host or to another member of the host’s household, (e) the accommodation is not excluded accommodation, (f) the short-term let does not constitute an excluded tenancy. Commercial consideration - this includes money and a benefit in kind (such as a provision of a service or reciprocal use of accommodation). Guest – this means a person who occupies accommodation under a short-term let Host – this means a person who is the owner, tenant or person otherwise in control over occupation and use of the accommodation Immediate family member – a guest is deemed to be an immediate family member of the host if they are- (a) your partner (spouse, civil partner or someone you live with as if you were married to them), (b) you or your partner’s parent, grandparent, child, grandchild or sibling, (c) the partner of one of your parents, grandparents, children, grandchildren or sibling. Page 179
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6 Excluded accommodation – this means accommodation which is, or is part of- (a) an aparthotel, (b) premises in respect of which a premises licence within the meaning of section 17 of the Licensing (Scotland) Act 2005 has effect and where the provision of accommodation is an activity listed in the operating plan as defined in section 20(4) of the 2005 Act, (c) a hotel which has planning permission granted for use as a hotel, (d) a hostel, (e) residential accommodation where personal care is provided to residents, (f) a hospital or nursing home, (g) a residential school, college or training centre, (h) secure residential accommodation (including a prison, young offenders institution, detention centre, secure training centre, custody centre, short- term holding centre, secure hospital, secure local authority accommodation, or accommodation used as military barracks), (i) a refuge, (j) student accommodation, (k) accommodation which otherwise requires a licence for use for hire for overnight stays, (l) accommodation which is provided by the guest, (m) accommodation which is capable, without modification, of transporting guests to another location, (n) a bothy, or (o) accommodation owned by an employer and provided to an employee in terms of a contract of employment or for the better performance of the employee’s duties. 3.2. Please note that if you have an HMO licence for your property, you would still need a short-term let licence if it is also to be used for short-term lets. This is the case whether or not you live at the premises covered by your HMO licence. 3.3. Self-catering property in the grounds of a licensed hotel would be excluded. It is recommended that short-term let hosts take their own independent legal advice on whether or not their accommodation would require a short-term let licence. The Licensing Authority cannot provide legal advice on whether or not a premises is excluded from requiring a short-term let licence. Page 180
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7 Excluded tenancy – an excluded tenancy means a tenancy which falls within any of the following definitions: (a) protected tenancy (within the meaning of section 1 of the Rent (Scotland) Act 1984, (b) an assured tenancy (within the meaning of section 12 of the Housing (Scotland) 1988 Act), (c) a short assured tenancy (within the meaning of section 32 of the Housing (Scotland) Act 1988), (d) a tenancy of a croft (within the meaning of section 3 the Crofters (Scotland Act 1993), (e) a tenancy of a holding situated outwith the crofting counties (within the meaning of section 61 of the Crofters (Scotland Act 1993) to which any provisions of the Small Landholders (Scotland) Acts 1886 to 1931(8)) applies, (f) a Scottish secure tenancy (within the meaning of section 11 of the Housing (Scotland) Act 2001), (g) a short Scottish secure tenancy (within the meaning of section 34 of the Housing (Scotland) Act 2001), (h) a 1991 Act tenancy (within the meaning of section 1(4) of the Agricultural Holdings (Scotland) Act 2003), (i) a limited duration tenancy (within the meaning of section 93 of the Agricultural Holdings (Scotland) Act 2003), (j) a modern limited duration tenancy (within the meaning of section 5A of Agricultural Holdings (Scotland) Act 2003), (k) a short limited duration tenancy (within the meaning of section 4 of the Agricultural Holdings (Scotland) Act 2003), (l) a tenancy under a lease under which agricultural land is let for the purpose of its being used only for grazing or mowing during some specified period of the year (as described in section 3 of the Agricultural Holdings (Scotland) Act 2003), (m) a private residential tenancy (within the meaning of section 1 of the Private Housing (Tenancies) (Scotland) Act 2016), (n) a student residential tenancy. 3.4. There are four types of licences for short-term let accommodation. Any licence granted must be for either- (a) Secondary letting, (b) Home letting, Page 181
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8 (c) Home sharing, or (d) Home letting and home sharing. 3.5. The different types of licences are defined as follows- (a) Secondary letting – this means a short-term let involving the letting of property where you do not normally live, (b) Home letting - this means using all or part of your home for short-term lets whilst you are absent, (c) Home sharing – this means using all or part of your own home for short-term lets whilst you are there. This includes guest houses or bed-and-breakfast accommodation within the host’s principal residence. Page 182
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9 3.6. A separate licence is required for each of your premises. However, a single licence may be issued in respect of unconventional accommodation where there is more than one separately bookable property on the site. 3.7. Dwellinghouse means for these purposes, an independent dwelling (with its own front door, kitchen and bathroom) such as a house, flat, cottage etc. 3.8. You do not need a separate licence for short-term lets within the same dwellinghouse. For example, if you are letting out two rooms in your home, that would be covered by one licence. 3.9. Unconventional accommodation – this means residential accommodation that is not defined as a dwelling house and would include residential accommodation such as glamping pods and yurts. Page 183
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10 4. Application and notification 4.1. All applicants must complete an online short-term let licence application form. The application should be submitted online and emailed to shorttermlets@argyll- bute.gov.uk or, alternatively, posted to, Short-Term Lets Licensing, Regulatory Services, Argyll and Bute Council, Kilmory, Lochgilphead, Argyll, PA31 8RT details of which are available at Appendix 1. 4.2. Applicants will require to pay the application fee as part of the online application process or if submitting a paper application form by making a payment to Argyll and Bute Council by contacting Short-Term Lets on 01546 605519. 4.3. Under the terms of the Act, all applicants who apply for a short-term let licence must display a notice for a period of 21 days beginning with the date on which the application was submitted to the licensing authority, at or near the property to which the application relates, so that it can be conveniently read by the public. 4.4. The notice shall state that an application has been made for a licence, the main facts of the application, that objections and representations in relation to the application may be made to the licensing authority and how to make objections or representations. A template will be provided to the applicant once an application is submitted. 4.5. Applicants are required to certify compliance that they have displayed the site notice as soon as possible after the 21 days has expired. A template will be provided to the applicant once an application is submitted. 4.6. A copy of the application shall be sent to Police Scotland and the Scottish Fire and Rescue Service by the local authority. A copy will also be made available to: Argyll and Bute Council’s Planning Department Argyll and Bute Council’s Building Standards service Argyll and Bute Council’s Environmental Health service Loch Lomond and the Trossachs Parks Authority (where the property is within the National Park) 4.7. All personal data will be processed in line with the following privacy notices: https://www.argyll-bute.gov.uk/privacy/civic-government-licensing Page 184
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11 5. Objections and representations 5.1. The 1982 Act permits any member of the public to submit an objection or representation in relation to an application for a short-term let licence. 5.2. To enable Argyll and Bute Council, as licensing authority (“the Council”) to entertain an objection or representation, it must be: (a) in writing (email is sufficient), (b) specify the grounds of the objection or the nature of the representation, (c) specify the name and address of the person making it, (d) be signed off by them or on their behalf, (e) be received by the Council within 28 days from when the notice of application is displayed. 5.3. Anonymous objections or representations will not be considered. “Anonymous” includes objections or representations where the person making the objection or representation cannot be contacted using the contact information provided. 5.4. Late objections or representations may be considered, entirely at the Council’s discretion, if the Council is satisfied that there is sufficient reason as to why it was not made in the time required. 5.5. The objection should be relevant to the statutory grounds that can be taken into consideration when refusing an application. These are set out in the 1982 Act- (a) the applicant or anyone else detailed in the application form is not a fit and proper person to be the holder of a licence, (b) the activity would be carried out by a person other than the applicant who, if he had made the application himself, would have been refused, (c) the premises is not suitable for the conduct of the activity, having regard to- (i) the location, character or condition of the premises, (ii) the nature and extent of the proposed activity, (iii) the kind of persons likely to be in the premises, (iv) the possibility of undue public nuisance, public order; or public safety, (v) where there is other good reason 5.6. It should detail clearly the reasons for the objection/representation and why the applicant and/or the premises are not suitable. 5.7. A copy of the objection or representation will be provided to the applicant and will include your name and address. All personal data will be processed in line with the following privacy notice: https://www.argyll-bute.gov.uk/privacy/civic-government-licensing Page 185
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12 6. Determination of application 6.1. Everybody named on the application form will be subject to the fit and proper test. Every application form will require consultation with Police Scotland who will carry out background checks. 6.2. Licensing authorities are responsible for determining whether you are a fit and proper person to be the holder of a licence for short-term lets. Consideration will be given to a wide range of information including relevant criminal convictions, other relevant information provided by Police Scotland, any previous disqualifications from being a private landlord, previous revocations of a HMO licence and providing false or misleading information in your application form. 6.3. If there are no objections or adverse representations to a short-term let licence application, the application will be determined under delegated powers by the Executive Director with responsibility for Regulatory Services. 6.4. If an objection or adverse representation is submitted in relation to the short- term let licence application and, this cannot otherwise be resolved, the application will be subject to a hearing at a meeting of the Council’s Planning, Protective Services and Licensing Committee. 6.5. The person submitting the objection or representation will be invited to attend the meeting of the Planning, Protective Services and Licensing Committee and speak to their objection/representation. You will be given at least 14 days’ notice of the hearing date. 6.6. The applicant or their representative will also be invited to attend the meeting and given the opportunity to state why the application should be granted. 6.7. The Committee will be able to ask questions of both parties and, thereafter, decide whether to grant or refuse the application. The grounds for refusing an application are set out at paragraph 5.5. 6.8. Applications will be heard in public unless required to be taken privately on the grounds of disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973 6.9. A copy of the Council’s hearing procedure can be found at Appendix 2. 6.10. Both the applicant and the person(s) making an objection/representation can request a statement of reasons for the decision within 21 days of the date of the decision. The statement of reasons will be provided within 10 days of that request. Page 186
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13 6.11. If your application for a licence is refused, you cannot reapply for a licence within 1 year of that decision, unless there has been a material change in your circumstances since then. 7. Right of appeal 7.1. The applicant and the person(s) making an objection/representation have a right of appeal to the Sheriff Court. 7.2. However, they only have this right if they have taken every opportunity to state their case to the Committee as has been made available. 7.3. The Sheriff can uphold an appeal only if the sheriff considers that the licensing authority erred in law, based their determination on any incorrect material fact, acted contrary to natural justice or exercised their discretion in an unreasonable manner. 7.4. Any appeal must be lodged by way of a summary application with the relevant Sheriff Clerk’s office within 28 days of the date of the decision appealed against. 7.5. Parties should seek their own independent legal advice in relation to an appeal. 8. Licence duration and renewal 8.1. The duration of the licence applies from the date on which the licence comes into force. This will be specified on the licence together with the expiry date of the licence. 8.2. When an application is made to renew a licence timeously, the existing licence will continue in effect until such time as a decision is made on the renewal application. 8.3. A licence shall have effect- for a period of 3 years from the date when it comes into force; or for such shorter period as the licensing authority may decide at that time when they grant; or for such longer period as the licensing authority may decide at the time when they renew a short-term let licence Page 187
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14 8.4. The Scottish Government’s guidance for licensing authorities on short-term lets has made it clear that licensing authorities are encouraged to renew licences for a period of 3 years, unless they have good reasons to do otherwise. 8.5. Whilst each application will be decided on its own merits, it is not anticipated that licences will be renewed for a period of longer than 3 years. 9. Licence conditions 9.1. The Act sets out a number of mandatory licence conditions which apply to all short-term let across Scotland. A list of these conditions can be found at Appendix 3. 9.2. In addition to the mandatory licence conditions which apply to all short-term lets, licensing authorities may impose additional conditions. These enable the licensing authority to respond to local challenges and concerns relative to specific types of short-term letting. 9.3. There are a number of additional conditions which will apply to all short-term let properties. There also some specific additional conditions which may only apply to certain types of short-term let properties or to properties following investigation of concerns. A list of the additional licence conditions which may apply to your short-term let licence can be found at Appendix 4. 10. Temporary exemptions 10.1 The Council may, on application made to it, grant temporary exemptions from the requirement to hold a short-term let licence in relation to a specified property or properties and during a specified period, which must not exceed 6 weeks in any 12 month period. 10.2 Temporary exemption applications from the requirement to hold a short-term let licence which, if granted would destabilise the security of tenure of private tenants, resulting in eviction, will not be considered by the Council. 10.3 The Council will aim to determine temporary exemption applications from the requirement to hold a short-term let licence within a two month period or less. 10.4 The Council will only consider granting a temporary exemption from the requirement to hold a short-term let licence in specific circumstances due to short-term let safety requirements and to minimise the impact on communities and neighbours. For example:- to accommodate a large influx of visitors over a short period to support sports championship competitions and arts festivals, for example, the Mull Rally or Tiree Music Festival. Page 188
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15 10.5 A temporary exemption from the requirement to hold a short-term let licence does not affect the way planning rules apply. If any temporary changes to planning rules have been made (for example to handle a major international event), the Council will publicise these. 10.6 The Council will also attach conditions to a temporary exemption from the requirement to hold a short-term let licence. Conditions attached to a temporary exemption will include all Mandatory Conditions and if deemed high risk or deemed necessary, further additional conditions may be added. 10.7 The Chief Constable and the Scottish Fire and Rescue Service will be consulted in respect of applications for temporary exemptions from the requirement to hold a short-term let licence. 11. Temporary licences 11.1 The Council may consider granting temporary licences in limited circumstances. For example:- to ensure that short-term lets can continue as going concerns when being sold from one operator to another. 11.2 A temporary licence should be made online or where agreed, by way of paper application. Details for the application process are set out in Section 3. 11.3 Temporary licences may be granted for a duration of up to 6 weeks. A temporary licence cannot be renewed. However, if a host or operator applies for a full licence during the period of a temporary licence, the temporary licence duration will extend until their full licence application has been determined. 11.4 A temporary licence number will be given, and conditions attached to the licence must be complied with. 11.5 The Council must consult the Chief Constable and Scottish Fire and Rescue in respect of an application for a temporary licence. 12. Compliance and enforcement 12.1. Unlicensed short-term lets 12.1.1. It is a criminal offence to carry on an activity for which a licence is required without having a licence and without reasonable excuse. 12.1.2. The Scottish Government has set out the following timescales for hosts and operators. Please note the rules are different depending on whether you are a new host/operator or an existing host/operator- New hosts/operators Page 189
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16 From 1st October 2022 you cannot accept bookings until you have obtained a short-term let licence. From 1st October 2022, you cannot operate while your short-term let application is being determined. Existing hosts/operators Existing hosts/operators must apply for a short-term let licence by 1st April 2023, at the latest. If you have been trading on or before 30th September 2022, you may continue to accept bookings after 1st October 2022 but only if you have made a licence application by 1st April 2023. You can continue to operate for the time it takes for your licence application to be finally determined. A provisional licence number will be provided once the application is duly-made. It will be an offence to offer short-term let accommodation after 1st July 2024 unless you hold a licence. Page 190
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17 12.1.3. The Council will maintain a public register of short-term let licence applications and licences granted. This will allow members of the public to check the licensing status of a premises being used as a short-term let. 12.1.4. Complaints about suspected unlicensed hosts/operators should be directed to shorttermlets@argyll-bute.gov.uk 12.2. Licensed short-term lets 12.2.1. Hosts and operators must ensure that any advert or listing placed on or after they are granted a licence, or a provisional licence number, includes their licence number. 12.2.2. Hosts and operators must ensure that they comply with all the mandatory and any additional conditions on their licence. It is a criminal offence to fail to comply with a licence condition if a licence holder has not used all due diligence to prevent the offence. 12.2.3. It is also a criminal offence for a licence holder, without reasonable cause, to fail to notify the licensing authority of a material change of circumstances. 12.2.4. The Council may undertake premises site visits as part of the application process and throughout the duration of the licence to ensure compliance with licence conditions. 12.3. Complaints about licensed short-term lets 12.3.1. In the first instance, guests should raise any concerns about their short-term let with their host/operator or letting agent/platform. If the issue is sufficiently severe, then the Council may become involved. 12.3.2. A complaint must be relevant to the matters that the Council can take into consideration. Frivolous or vexatious complaints will not be considered. 12.3.3. The Council can consider matters relating to the suitability of the licence holder, threats to public safety or public order or whether a condition of the licence has been contravened. 12.3.4. These issues would include a host/operator exceeding the number of people staying at the premises, serious disturbance or antisocial Page 191
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18 behaviour or concerns about the maintenance and safety of the premises. These complaints can be directed to shorttermlets@argyll-bute.gov.uk 12.3.5. Please note that the Council cannot consider complaints in relation to the quality of a guest’s stay or specific contractual matters between the guest and the host/operator as this is outside the scope of the licensing scheme. 12.3.6. Complaints will aim to be acknowledged within 5 working days. A full response advising you of the outcome may take some time if the complaint requires further investigation. The complaint may also need to be directed to other departments within the Council other services such as Police Scotland or Scottish Fire and Rescue Service for input. Complainants will be kept up to date with progress if there is a delay in a full response being provided. 12.3.7. Premises site visits may be undertaken by the Council as part of an investigation into a complaint. 12.4. Enforcement 12.4.1. It is possible that some complaints may require enforcement action from the Council. 12.4.2. The Act provides for several options for enforcement action if justified. This includes additional licence conditions being attached, enforcement notices or variation, suspension or revocation of the licence or in more serious circumstance pursuing a prosecution. 12.4.3. The Council recognises the importance of having compliance issues monitored in order to ensure licensed Short-term lets are complying with licence standards and not causing an unnecessary nuisance to the community, nearby residents or neighbours. As such it will carry out a risk- based approach to enforcement, using a range of escalating informal measures, prior to an Enforcement Notice being issued and subsequently a complaint being made to the Committee in relation to the STL licence. 12.4.4. An enforcement notice will set out the matters constituting a breach or likely breach, the action required to rectify or prevent the breach and the date by which the action must be taken. 12.4.5. If the matter is not addressed satisfactorily by the licence holder, the Council may then consider a variation, suspension or revocation of the licence. 12.4.6. You will not be charged a fee for a routine visit. However, you will be charged if a follow up visit is necessary because you have breached one of your licence conditions.. Page 192
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19 13. Variation of a licence 13.1. A licensing authority may, at any time, whether or not upon an application made to them by the holder of the licence, vary the terms on any grounds they think fit. 13.2. A variation application cannot, however, be used to substitute a new holder of the licence for the existing one i.e. effectively to transfer a licence. 14. Suspension or revocation of a licence 14.1. A licensing authority may, whether upon a complaint made to them or not, suspend or revoke a licence. 14.2. A licensing authority may order the suspension or revocation of a licence if in their opinion- the holder of the licence is no longer a fit and proper person to hold the licence the licence holder is managing the property on behalf of someone who would have been refused the grant or renewal of the licence the short-term let is causing or is likely to cause undue public nuisance or a threat to public order or public safety; or a condition of the licence has been contravened 14.3. The period of suspension can be the unexpired portion of the duration of the licence, or such shorter period as the licensing authority may fix. The effect of the suspension shall be that the licence shall cease to have effect during the period of suspension. Page 193
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20 15. Planning permission 15.1. The requirement for planning permission is a separate matter from licencing of short-term lets. Whether or not planning permission is required for the use of a dwelling for short- term let purposes will firstly depend on whether it is located within a Short-Term Letting Control Area. Outwith control areas, the requirement for planning permission would be a matter for the planning authority to determine on a case by case basis, depending on the nature and circumstances of the property and the manner in which it is operated. Hosts and operators must comply with both planning and licensing law. 15.2. The Council is the relevant planning authority for the Argyll and Bute area located outwith the Loch Lomond and the Trossachs National Park. The National Park Authority is the planning authority for the full extent of the the Loch Lomond and the Trossachs National Park designation. Short-Term Letting Control Areas: 15.3 There is a separate legislative process from licensing which allows the Council and the National Park Authorities, as planning authorities, to establish short-term let control areas. The purpose of control areas is to help planning authorities manage high concentrations of secondary letting (where it affects the availability of residential housing or the character of a neighbourhood) and to restrict or prevent short-term lets in places or types of buildings where it is not appropriate. 15.4 Within a control area designated by a planning authority, use of a property for short-term letting will always require express planning permission. The host or operator must make an application for planning permission or already have planning permission before they apply for a licence. 15.5 There are currently no Control Areas within Argyll and Bute and the Council and Loch Lomond and the Trossachs National Park does not propose to designate any Short-Term Letting Control Areas at this time, but will review this position in the course of 2023/24. 15.6 Please note that planning authorities could designate control areas after a premises has already obtained a short-term let licence. Licence holders would be given a reasonable opportunity to comply with the mandatory condition by submitting a planning application or application for a Certificate of Lawful Use or Development (CLUD) as soon as possible after the control area is designated. If a CLUD or planning permission is refused, this may result in the licence being refused, varied or revoked as appropriate. Page 194
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21 Outwith Control Areas: 15.7 Outside of a control area, it is for the planning authority to consider whether any change of use of a dwelling house is material and, therefore, requires planning permission, although you may also require permission where a premises has resulted in the subdivision of a residential plot where it is an annex or garage that has been converted. This is determined on a case by case basis and will depend very much on the nature of the dwelling to be let, its relationship to neighbouring land uses, its servicing arrangements, and the manner in which the property will be operated. 15.8 Hosts and operators are, therefore, encouraged to engage with the relevant planning authority prior to submitting a licence application to confirm whether they require planning permission or a certificate of lawful use of development. Detailed enquiries can be submitted for review and assessment through the Council’s chargeable pre-application advice service: Pre-Application Guidance (argyll-bute.gov.uk) Contact details for Loch Lomond and the Trossachs National Park planning service: Planning - #LetsDoNetZero -Loch Lomond & The Trossachs National Park (lochlomond-trossachs.org) Page 195
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22 16 Equality 16.4 The Equality Act 2010 Act introduced a new public sector equality duty which requires public authorities, including the Committee, to try and eliminate discrimination, promote equality and good relations across a range of protected characteristics. 16.5 Prior to the Committee implementing this policy an equality impact assessment was undertaken. This can be viewed using the following link [ Equality and Socio-Economic Impact Assessments (argyll-bute.gov.uk) Page 196
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23 17 Fees 17.4 Licensing authorities are required to charge fees in respect of processing and determining, the consideration of applications, the issue of duplicate licences and other matters. They must ensure that the fees are sufficient to cover their administrative expenses and are reviewed periodically. 17.5 Licensing fees are non-refundable. Whether or not a licensing application is granted, the Council incurs significant costs in processing the application. 17.6 The Council has considered the following criteria in the process of determining the fees: The size of the premises The number of rooms at the premises The number of guests who can reside at the premises The type of short-term let Application and renewal – full licence Guest capacity applied for (including children under the age of 10) Home sharing or home letting licence Secondary letting licence Up to 4 £226 £316 5 to 8 £316 £452 9 to 12 £497 £678 13 to 20 £633 £904 21 and over £814 £1130 Other types of application Fee Temporary licence application 50% of fee Temporary exemption application] 50% of fee Variation of licence / change in circumstances £77 Duplicate licence £41 Enforcement costs Fee Officer hourly cost in 15 minute intervals (Inspection of a premises where concern is flagged at the application process by a consultee £94.30/hour **Where a fee is charged for such a visit, a report must be provided to the host or operator within 28 days of the inspection, unless otherwise agreed. Otherwise, the fee must be refunded to the licence holder*** Page 197
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24 18.4 The fee charged will weighted according to the following factors, where the unit fee is the cost of dealing with a non-controversial application for a 4-person secondary let licence. Applications for premises with larger numbers of guests are likely to require more enquiries, or attract more representations, or objections, which require to be dealt with as part of the application. Guest capacity (People) Home sharing and home letting licence Secondary let licence Up to 4 0.5 0.7 5 to 8 0.7 1.0 9 to 12 1.1 1.5 13 to 20 1.4 2.0 21 and over 1.8 2.5 Page 198
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25 Appendix 1 – Contact details Telephone – 01546 6605519 Email – shorttermlets@argyll-bute.gov.uk Postal Address – Short-Term Lets Licensing, Argyll and Bute Council, Kilmory, Lochgilphead, Argyll, PA31 8RT Page 199
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26 Appendix 2 – Hearing procedure DURING THE HEARING 1. The Chair will introduce the Members and Officials present. If the representations/objection(s) were submitted timeously and there are no spent convictions to be considered, then proceed directly to number 4. 2. If the representation/objection (from the Police or any other party) has been received late the Committee must hear details as to why the representation/objection was late and be satisfied that there is sufficient reason why it was not made in the time required. If they agree that then the representation/objection can be heard otherwise it should be disregarded. The process to be followed should be that the objector is invited to provide reasons as to why the submission was late. Members may ask any follow up questions of the objector. The applicant must then be asked if they have any objections to the late submission being accepted. The Committee must take all comments into account when deciding whether to accept the late submission. 3. If spent convictions are to be referred to then the guidance notes for spent convictions should be followed for each conviction. The Committee should resolve to go into private whilst considering spent convictions. 4. The hearing procedure below should now be followed: a The Licensing Officer will present the report to the Committee b The applicant or the party who has initiated the hearing will present their case first c The presenting party shall be entitled to provide information in support of their application, representation or objection (as applicable). d Any other interested party will have the opportunity to ask the presenting party relevant questions. e The Committee Members will have the opportunity to ask the presenting party relevant questions. f Any other interested parties will then present their case in turn and be entitled to provide information in support of their application, representation or objection (as applicable) g Any other interested party will have the opportunity to ask the presenting party relevant questions. h The Committee Members will have the opportunity to ask the presenting party relevant questions Page 200
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27 i The Chair will invite the applicant, or the party who has initiated the hearing, to briefly summarise their points if they wish. j The Chair will invite the other interested parties to briefly summarise their points if they wish. k The Chair will ask the applicant, or the party who has initiated the hearing, and all parties making representations, that they are satisfied that they have said all they wish to. l At the sole discretion of the Members, the Committee may decide to retire to consider the representations/objections in private. m The Committee will invite the parties to return to the meeting and the Chair will invite Members to take a decision. NOTE: If during private deliberations, the Committee receive advice on a legal submission from the Clerk which is contrary to the view of the party making the submission or the Committee believe additional information would be relevant, then these points should be raised with the parties, in public, prior to any decision being made. DECISION A determination of the case will be made at the conclusion of the hearing and all parties will be notified of the decision in writing within 7 days of the hearing and shall be advised of his/her right to seek written reasons and appeal to the Sheriff Court. If the decision of the Committee is to suspend, refuse or refuse to suspend a licence, a relevant person has a right to request within 28 days of the meeting, the Committee’s reasons for arriving at their decision. Unless the circumstances of the case justify immediate suspension, the suspension shall not take effect for 28 days from the date of the decision. Appeals against the decision of the Committee must be lodged with the Sheriff Clerk within 28 days of the date of the decision. Page 201
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28 Appendix 3 – Mandatory licence conditions Agents 1. Only those named as a holder of the licence can carry out the day to day management of the short-term let of the premises. Type of licence 2. The holder of the licence may only offer the type of short-term let for which the licence has been granted. Fire safety 3. The holder of the licence must ensure the premises has satisfactory equipment installed for detecting, and for giving warning of— (a) fire or suspected fire, and (b) the presence of carbon monoxide in a concentration that is hazardous to health. 4. The holder of the licence must keep records showing that all upholstered furnishings and mattresses within the parts of the premises which are for guest use, or to which the guests are otherwise permitted to have access, comply with the Furniture and Furnishings (Fire Safety) Regulations 1988. Gas safety 5. Where the premises has a gas supply— (a) the holder of the licence must arrange for an annual gas safety inspection of all gas pipes, flues and appliances in the premises, (b) if, after an annual inspection, any appliance does not meet the required safety standard, the holder of the licence must not allow a short-term let of the premises until the works necessary to bring the appliance to the required safety standard have been carried out. Electrical safety 6. Where there are electrical fittings or items within the parts of the premises which are for guest use, or to which the guests are permitted to have access, the holder of the licence must— (a) ensure that any electrical fittings and items are in— (i) a reasonable state of repair, and (ii) proper and safe working order, (b) arrange for an electrical safety inspection to be carried out by a competent person at least every five years or more frequently if directed by the competent person, (c) ensure that, following an electrical safety inspection, the competent person produces an Electrical Installation Condition Report on any fixed installations, (d) arrange for a competent person to— Page 202
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29 (i) produce a Portable Appliance Testing Report on moveable appliances to which a guest has access, and (ii) date label and sign all moveable appliances which have been inspected. 7. In determining who is competent, the holder of the licence must have regard to guidance issued by the Scottish Ministers under section 19B(4) of the Housing (Scotland) Act 2006(2). Water safety: private water supplies 8. Where the premises are served by a private water supply, the licence holder must comply with the requirements on the owners of private dwellings set out in the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 Water safety: legionella 9. The holder of the licence must assess the risk from exposure to legionella within the premises, whether or not the premises are served by a private water supply. Safety & repair standards 10.(1) The holder of the licence must take all reasonable steps to ensure the premises are safe for residential use. (2) Where the premises are subject to the requirements of Chapter 4 of Part 1 of the Housing (Scotland) Act 2006, the holder of the licence must ensure that the premises meet the repairing standard. Maximum Occupancy 11. The licence holder must ensure that the number of guests residing on the premises does not exceed the number specified in the licence. Information to be displayed 12. The holder of the licence must make the following information available within the premises in a place where it is accessible to all guests— (a) a certified copy of the licence and the licence conditions, (b)fire, gas and electrical safety information, (c) details of how to summon the assistance of emergency services, (d) a copy of the gas safety report, (e) a copy of the Electrical Installation Condition Report, and (f) a copy of the Portable Appliance Testing Report. Planning Permission 13. Where the premises is in a short-term let control area for the purposes of section 26B of the Town and Country Planning (Scotland) Act 1997 (“the 1997 Act”), the holder of the licence must, where the use of the premises for a short-term let requires planning permission under the 1997 Act, ensure that either— (a) an application has been made for planning permission under the 1997 Act and has not yet been determined, or (b) planning permission under the 1997 Act is in force. Page 203
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30 Listings 14.(1) The holder of the licence must ensure that any listing or advert (whether electronic or otherwise) for the short-term let of the premises includes— (a) the licence number, and (b) a valid Energy Performance Certificate rating if an Energy Performance Certificate is required for the premises, in accordance with the Energy Performance of Buildings (Scotland) Regulations 2008 (2) The holder of the licence must ensure that any listing or advert (whether electronic or otherwise) for the short-term let of the premises is consistent with the terms of the short-term let licence. Insurance 15. The holder of the licence must ensure that there is in place for the premises— (a) valid buildings insurance for the duration of the licence, and (b) valid public liability insurance for the duration of each short-term let agreement. Payment of fees 16. The holder of the licence must pay any fees due to the licensing authority in respect of the licence on demand. False or misleading information 17. The holder of the licence must not provide any false or misleading information to the licensing authority. Interpretation 18. In this schedule— “Electrical Installation Condition Report” means a report containing the following information— (a) the date on which the inspection was carried out, (b) the address of the premises inspected, (c) the name, address and relevant qualifications of the person who carried out the inspection, (d) a description, and the location, of each installation, fixture, fitting and appliance inspected, (e) any defect identified, (f) any action taken to remedy a defect, “Energy Performance Certificate” means a certificate which complies with regulation 6 of the Energy Performance of Buildings (Scotland) Regulations 2008, “gas safety report” means a report containing the following information— (a) the date on which the appliance or flue was checked, (b) the address of the premises at which the appliance or flue is installed, (c) a description of and the location of each appliance or flue checked, Page 204
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31 (d) any safety defect identified, (e) any remedial action taken, (f) confirmation that the check undertaken complies with the requirements of an examination of— (i) the effectiveness of any flue, (ii) the supply of combustion air, (iii) subject to head (iv), its operating pressure or heat input or, where necessary, both, (iv) if it is not reasonably practicable to examine its operating pressure or heat input (or, where necessary, both), its combustion performance, (v) its operation so as to ensure its safe functioning, (g) the name and signature of the individual carrying out the check, and (h) the registration number with which that individual, or that individual’s employer, is registered with a body approved by the Health and Safety Executive for the purposes of regulation 3(3) of the Gas Safety (Installation and Use) Regulations 1998, Page 205
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32 Appendix 4 – Additional licence conditions Short-term Lets: Proposed Additional Conditions Introduction Argyll and Bute Council consider that additional conditions should be applied to short-term let licences in its area. These derive from (a) the Part 2 Guidance for licensing authorities and (b) issues relating to guest safety which the Council has identified in its area and for which it considers additional licence conditions are necessary and appropriate. The “Part 2” additional conditions, are based closely upon the examples provided by the Scottish Government. These conditions would be generally-applicable to all licences, although some, for instance those relating to impact noise are not necessary for detached premises with no party structures. The guest safety conditions are intended for specific premises where certain facilities and amenities are provided for the use of guests (this would require a declaration on the application form). Alternatively, the conditions could be generally-applied with a conditional clause; the draft guest safety conditions are in the latter form. Additional conditions based on Part 2 Guidance Antisocial behaviour 1. The licence holder must take reasonable steps to manage the premises in such a way as to seek to prevent and deal effectively with any antisocial behaviour by guests to anyone else in the short-term let and in the locality of the short-term let. 2. The licence holder must take reasonable steps to: Ensure that no disturbance or nuisance arises within or from the premises, for example by explaining the house rules to the guests; Deal effectively with any disturbance or nuisance arising within or from the premises, as soon as reasonably practicable after the licence holder is made aware of it; and Ensure that any vehicles belonging to guests are parked lawfully, for example explaining where any designated parking spaces are to be found and highlighting any local rules. 3. The licence holder must take reasonable step to ensure that guests do not play amplified music within the garden or external areas where or at times it would impact neighbouring residents. Page 206
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33 Privacy and security 1. The licence holder must manage the premises in such a way as to respect and protect the privacy and security of neighbours. 2. The licence holder must ensure: Guests know and understand any particular rules applying to shared areas and entrances; Guests understand that shared doors should be properly and securely closed after use; and The provision of access codes or keys to guests cannot be used by guests to gain access to shared areas after they have finally departed. Noise control in flatted premises 1. Where the premises are a flat above another dwellinghouse, the licence holder must: Fit and maintain carpets (with appropriate underlay) to the floors of bedrooms, living room and any hallway. Take reasonable steps to ensure that guests do not first arrive or finally depart from the property between the hours of 2300 and 0700. The licence holder must advise guests of this condition as part of their booking terms and conditions. 2. The licensing authority may, at its own discretion, exempt any flatted premises from the requirement to carpet floors where the licence holder can demonstrate that they have been built to or been converted to Domestic Technical Standard 5.1. 3. Note that “reasonable steps” allows for unavoidable circumstances, such as significantly-delayed transport. Littering and waste disposal 1. The licence holder must provide adequate information on, and the facilities for, the storage, recycling and disposal of waste. 2. The licence holder shall be responsible for advising residents of the refuse collection day and for making arrangements for the presentation of bins for collection at the appropriate time and day. 3 The licence holder must advice guests of: Their responsibilities; The use of the bins etc. provided for the premises; and The location of the nearest recycling area or recycling point. 4. The licence holder must: Clearly label bins as belonging to the premises; Ensure that guests manage their waste in compliance with (2), including when they depart; and Page 207
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34 Maintain the bins storage area and the exterior of the premises in a clean and tidy condition. Damage to property The licence holder shall not affix a key box, or any other device to facilitate guest entry to the premises, to any public or jointly-owned private structure or infrastructure without the prior written permission of the relevant authority or owner(s). The licence holder must be able to produce the written permission to the licensing authority on demand. Additional Conditions for Guest Safety Legionella risk assessment – spa pools/hot tubs 1. Where a spa pool, including any electric hot tub or wood-fired hot tub, is provided for the use of guests, the licence holder must install, maintain and operate it so it can be safely operated and used by guests. 2. The licence holder shall ensure, so far as is reasonably practicable: That any such spa pool is installed and maintained in accordance with the guidance in HSE publication HSG282 Control of legionella and other infectious agents in spa-pool systems. That there is a risk assessment and written scheme of control for Legionella in respect of any such spa pool. That the risk assessment and written scheme of control are lodged with any application for a licence and are to the satisfaction of the licensing authority. That, prior to any spa pool being brought into use for the first time during the period of the licence, at least 28 days’ notice shall be given to the licensing authority and the risk assessment and written scheme of control shall be submitted at the time of such notice. 3. The licence holder shall provide guests with information on the safe use of the spa pool in accordance with the written scheme of control. 4. The licence holder shall not provide or install any inflatable hot tub for the use of guests without the prior written approval of the licensing authority. Note that the licensing authority will not give approval in respect of inflatable hot tubs not intended for commercial use and which cannot conform to the requirements of HSG282. Guest safety – swimming pools and ponds 1. Where a swimming pool or swimming pond is installed and provided for the use of guests, the licence holder must take reasonable measures to ensure water quality and bather safety. 2. The licence holder shall ensure: Page 208
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35 In the case of swimming pools, and swimming ponds, that a pool safety operating plan is prepared and lodged with any application for a licence and is to the satisfaction of the licensing authority. The licence holder shall have regard to the guidance in HSE publication HSG179 Health and safety in swimming pools. In the case of swimming pools and swimming ponds, that a bather safety plan is prepared and lodged with any application for a licence and is to the satisfaction of the licensing authority. The bather safety plan shall include measures to minimise the risk of bathers getting into difficulty, to facilitate the rescue of bathers in difficulty and to call for the assistance of emergency services where necessary. That, prior to any swimming pool or pond being brought into use for the first time during the period of the licence, at least 28 days’ notice shall be given to the licensing authority and the pool safety operating plan and bather safety plan shall be submitted at the time of such notice. 3. In this condition, “swimming pond” means an outdoor body of untreated water in natural ground which has been excavated or modified to provide a facility for swimming. It does not include natural watercourses, fresh-water lochs or coastal waters. 4. This condition does not apply to swimming pools which are staffed and operated with continuous poolside supervision by trained lifeguards. Risk of Carbon monoxide – barbecue huts 1. Where a barbecue hut is installed and provided for the use of guests, the licence holder must take reasonable steps to ensure that the risk from Carbon monoxide is minimised. 2. The licence holder shall, so far as is reasonably practicable: Install, maintain and operate the barbecue hut only in accordance with the manufacturer’s instructions. Install and maintain in proper working condition a Carbon monoxide monitor and alarm within the barbecue hut. Provide guests with instructions on the safe use of the barbecue hut, the symptoms of Carbon monoxide poisoning and the actions to be taken in an emergency. Not permit the use of the barbecue hut by persons under the age of 18 except in the presence of a person over the age of 18. Not permit the use of a barbecue hut as sleeping accommodation. 3. For the purposes of this condition, a barbecue hut is a purpose-built, structure including a fixed hearth, and fixed ventilation supplying both fresh air to the hearth and extracting the products of combustion from the occupied space. Page 209
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36 Guest safety – provision and use of watercraft 1. Where any watercraft are provided for the use of guests, the licence holder must take reasonable measures to ensure the suitability and safety of the watercraft and the safety of persons using them. 2. The licence holder shall ensure: That any watercraft provided are suitable for the waters upon which they are intended to be used. That any watercraft are operated and maintained in accordance with the manufacturer’s instructions. That personal flotation devices are provided which are suitable for the use intended and the user, and have regard to the categorisation of any inland waters or standards issued by the Maritime and Coastguard Agency. That personal flotation devices are inspected and maintained in accordance with the manufacturer’s instructions. That guests are provided with proportionate safety information about the use of watercraft, including the intended areas of use, local hazards, adverse weather conditions, actions to take in an emergency, and the means of contacting the emergency services. 3. In this condition, “watercraft” means any boat, canoe, kayak, stand-up paddleboard, raft, or similar vessel capable of carrying passengers or being ridden upon, and equipped with sails, or an engine, or capable of being directed or steered using oars or paddles. 4. In complying with this condition, the licence holder shall have regard to advice and guidance issued by authoritative bodies including, where appropriate, MCA, RoSPA and the Scottish Canoe Association. 5. In the area of the Loch Lomond and The Trossachs National Park, the licence holder shall comply with any relevant byelaws issued by the National Park Authority. 6. This condition does not apply to premises where the vessels provided are done so under the terms of a current boat hire licence issued by the licensing authority and operated in compliance with the conditions of such a licence. Guest safety – provision of bicycles 1. Where bicycles are provided for the use of guests, the licence holder must take all reasonable steps to ensure the safety of persons using them. 2. The licence holder shall ensure: That any bicycles provided are suitable for the use intended and for the user. That, where cycle helmets are provided, they are suitable for the use intended and the user. Page 210
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37 That there is a programme of inspection and maintenance in place to ensure that bicycles and cycle helmets are only made available to guests when they are in a safe condition. 3. In complying with this condition, the licence holder shall have regard to the Cycle Hire Guidelines of the Association of Cycle Traders. Guest safety – outdoor play equipment 1. Where any outdoor play equipment is provided for the use of guests, the licence holder must take all reasonable steps to ensure the safety of persons using the play equipment. 2. The licence holder shall ensure: That only equipment which is suitable for the use intended shall be installed and provided for the use of guests. That play equipment is installed and maintained in accordance with the manufacturer’s instructions. That play equipment is subject to an inspection and checking regime in accordance with the manufacturer’s instructions. That rules are in place and communicated to guests to ensure the safe use of play equipment and to prevent its abuse. 3. In complying with this condition, the licence holder shall have regard to the RoSPA Code of good practice for play areas and the RoSPA guidance on the safe use of garden trampolines. 4. The provision for the use of guests of inflatable play equipment which is intended for bouncing or climbing on is prohibited. This prohibition does not apply to inflatable play equipment which, at all times when it is use, is directly supervised by the licence-holder or their agent, or an employee of the licence-holder or their agent. Page 211
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Appendix 3: Post-consultation review of proposed fee structure for short-term lets This paper considers the banding and weighting of application fees for short-term let licences in the light of the public consultation of the Council’s draft licensing policy. The Scottish Government recommend that local authorities, at a minimum, establish a licence fee structure that takes account of the following: the type of licence with lower fees set for home sharing and home letting licences than for secondary letting licences; and guest capacity in terms of the maximum number of guests, as requested by the host or operator on their application form. Note that some licences will be for premises including significant numbers of unconventional accommodation, such as pods or lodges on the same site where a caravan site licence is not otherwise required. The Council originally proposed to take account of these factors by applying weightings to a unit cost, derived from that for processing a routine 4-guest secondary letting application, as follows: Table 1: Original bands and weightings Guest capacity applied for Home sharing or home letting licence Secondary letting licence 1 or 2 0.6 0.8 3 or 4 0.8 1.0 5 to 8 1.0 1.5 9 to 12 1.5 2.0 12 to 20 2.0 4.0 20+ 4.0 8.0 Following the public consultation, a review of responses concluded: 1. There was general agreement with this proposed approach, although concerns were raised specifically about the bandings and the weightings to be applied to fees. 2. The bandings proposed were based upon the Scottish Government’s example banded fee structure set out in the Part 2 Guidance, with two bands merged. a. It was clear from the consultation responses that: b. The bands are too narrow, and 3. The “standard” secondary let premises should be regarded as a three-bedroom property that can sleep 6 persons, including children under the age of 10 years. 4. There was broad support from respondents for the weighted approach to setting fees, although there was a wide range of opinion on the actual applied weighting values. 5. Respondents challenged the Council’s assertion in the draft policy statement that larger secondary letting premises would necessarily attract more objections and representations, or require more work to process their applications. The Council considers that larger premises are more likely to require physical site inspections as part of the application determination process compared with smaller, more conventional, premises and therefore an increased fee is proportionate and appropriate. 6. The assessment of larger premises, accommodating more than, say, 12 persons will probably bear comparison with the assessment of similar-sized houses in multiple occupation. Page 213
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Having regard to these comments, the proposed revised bands and weightings are as follows, noting that children under the age of 10 are to be included in the occupancy capacity: Table 2: Revised bands and weightings Guest capacity applied for (including children under the age of 10) Home sharing or home letting licence Secondary letting licence Up to 4 0.5 0.7 5 to 8 0.7 1.0 9 to 12 1.1 1.5 13 to 20 1.4 2.0 21 and over 1.8 2.5 The bands are simplified and the 5 to 8 band now represents a three-bedroom house accommodating, for example, eight adults and children, subject to sufficient space and sleeping accommodation. The weightings for secondary let licences increase roughly proportionately with the number of guests, rather than exponentially as in the original proposal. The maximum weighting is therefore significantly reduced from 8.0 to 2.5 for the highest secondary letting band. The discount for home sharing or home letting licences is 30% compared with an equivalent secondary letting licence. Similarly, secondary letting licences for small premises accommodating four or fewer guests are discounted by 30%. Weightings are rounded to two significant figures. The 21 and over band will include holiday villages with cottages or lodges in the same curtilage and which do not hold a caravan site licence. It is expected that there will be very few, if any, home sharing or home letting premises in the highest two bands. Level of fees The level of fees has yet to be determined, It is worth comparing the licence fees charged for other Civic Government licences by Argyll and Bute Council. These fall into three bands: 1. £524: a. Second hand motor dealer b. Metal dealer c. Market operator d. Public entertainment e. Late hours catering 2. £452: a. Taxi car b. Private hire car c. Second hand dealer 3. £275: a. Boat hire b. Street trader c. Window cleaner It is reasonable to expect the enquiries required for a short-term let licensing application to be comparable with a public entertainment licence. There is a case for the fees for short- term lets to align with other Civic Government licence fees charged by the Council. Applying a standard fee of £524 (which is more appropriate given the complexity of STL applications) is likely to result in over recovery of income, and therefore the mid range fee of £452 will be used as the standard short-term let fee. Applying this to the bands and weightings, the following fee structure arises (fees rounded to the nearest whole pound): Page 214
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Table 3: Proposed fees based on a standard fee of £452 Guest capacity applied for (including children under the age of 10) Home sharing or home letting licence Secondary letting licence Up to 4 £226 £316 5 to 8 £316 £452 9 to 12 £497 £678 13 to 20 £633 £904 21 and over £814 £1130 For comparison, the fee for an HMO licence for premises with 10 or more people is £1,101. The lowest fee of £226 under this model compares with the lowest standard band of other Civic Government licence fees of £275, such as for a window cleaner. Page 215
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1.0 EXECUTIVE SUMMARY 1.1 This report details the proposed annual Strategic Housing Investment Plan which will cover the period 2023/24 - 2027/28. The document is required to be submitted to the Scottish Government by October 2022. This paper summarises the proposals for the revised SHIP, in line with statutory requirements and the latest guidance. In July 2021 The Scottish Government allocated Resource Planning Assumptions (RPAs) to local authorities for the five years to the end of March 2026. The Scottish Government have confirmed that the figures for 2027 and 2028 can be based on the allocations from previous years although they are not formal definitive allocations: Year 2023/24 2024/25 2025/26 2026/27 2027/28 Total RPA £18.264m £18.328m £18.632m £18.632m £18.632m £92.488m 1.2 In 2021/22, the SHIP delivered 143 new affordable homes. This SHIP identifies potential for around 247 units to be completed in 2022/23 and over 750 additional homes to be completed or approved in subsequent years. 1.3 As well as addressing unmet local need and contributing to national targets, the proposed programme will generate additional investment in the local economy, supporting additional jobs including new apprenticeships in the construction sector and associated labour market; it will stimulate community regeneration and sustainability; it will help to attract and retain residents and employees for local businesses; it will encourage movement within, and more effective operation of, the local housing system; it will also contribute to improving general health and well-being; and more pragmatically the new homes will also generate additional Council tax revenue. RECOMMENDATIONS It is recommended that the Council: a) Approve the SHIP proposals summarised in this report, which will then be submitted to the Scottish Government in October 2022. ARGYLL AND BUTE COUNCIL COUNCIL DEVELOPMENT AND ECONOMIC GROWTH 29 SEPTEMBER 2022 STRATEGIC HOUSING INVESTMENT PLAN (SHIP) 2023/24 - 2027/28 Page 217 Agenda Item 14
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ARGYLL AND BUTE COUNCIL COUNCIL DEVELOPMENT AND ECONOMIC GROWTH 29 SEPTEMBER 2022 STRATEGIC HOUSING INVESTMENT PLAN (SHIP) 2023/24 - 2027/28 2.0 INTRODUCTION 2.1 This paper seeks council approval of the revised Strategic Housing Investment Plan (SHIP) 2023/24 – 2027/28 which will then be submitted to the Scottish Government in October 2022. The core purpose of the SHIP is to set out strategic investment priorities for affordable housing over a five year period to achieve the outcomes set out in the Local Housing Strategy. 2.2 The SHIP remains a continuous, iterative process: individual projects are subject to a variety of factors which can lead to slippage or revision; and the overall programme requires constant monitoring. Formal updates are now required on an annual basis. 2.3 The revised SHIP has potential for delivery of around 247 units this year, and over 750 new affordable homes in subsequent years. 3.0 RECOMMENDATIONS 3.1 It is recommended that the Council: a) Approve the SHIP proposals summarised in this report which will then be submitted to the Scottish Government in October 2022. 4.0 DETAIL 4.1 From 2017, the Scottish Government and COSLA/Association of Local Authority Chief Housing Officers (ALACHO) agreed that SHIPs would revert to being submitted on an annual basis. In June 2022 revised guidance was issued to assist local authorities prepare their SHIPs, which require to be submitted to the Scottish Government by October 2022, and will cover the period 2023/24– 2027/28. 4.2 The Local Housing Strategy (LHS) sets out the strategic policy approach of the council and its partners to delivering high quality housing and related services across all tenures to meet identified need in the area. SHIPs are directly informed by the LHS and its policies and are developed in consultation with key stakeholders. Therefore, the SHIP is operational in nature and not considered as a policy document. Page 218
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4.3 The core purpose of the SHIP remains to set out strategic investment priorities for affordable housing over a five year period to achieve the outcomes contained in the LHS. The plan reinforces the council as the strategic housing authority; the importance of the outcomes and targets set out in the LHS; and informs Scottish Government investment decisions. 4.4 The SHIP should therefore:- Set out investment priorities for affordable housing; Demonstrate how these will be delivered; Identify the resources required to deliver these priorities; and Enable the involvement of key partners. The SHIP should contain a succinct narrative in PDF form, submitted as a supporting document to the SHIP in the Housing and Regeneration Programme (HARP) system, which explains the context to the SHIP including: A statement on alignment with the LHS demonstrating that priorities identified in the SHIP are consistent with what the local authority outlined in its LHS (and any subsequent updates) and how the SHIP priorities will contribute to delivery of LHS Outcomes; A summary of the methodology used to prioritise projects; Details of how the local authority has responded to and resolved development constraints on projects prior to the site start date; Details on how the local authority’s own resources and other funding are supporting the delivery of affordable housing in its area; Details of progress towards the delivery of its Affordable Housing Supply Programme across all tenures by completions; Details of affordable housing projects for Gypsy/Travellers; Details of Housing Infrastructure Fund projects where these are linked to affordable housing delivery; Details of local plans to support the delivery of wheelchair accessible housing within its area; A statement that strategic housing priorities are aligned and are consistent with Rapid Rehousing Transition Plan priorities; Details of affordable housing projects that are aligned with the local authority’s Child Poverty Action Report; Details that duties under the Islands (Scotland) Act have been followed by the local authority if appropriate; Details of any empty homes services and actions to bring homes back into use; Details of how Council Tax on Second and Empty Homes has been used to assist affordable housing; Details of how Developer Contributions have been used to assist affordable housing; and The type and level of consultation undertaken with RSLs, communities, developers and other stakeholders in developing the SHIP and how this has helped with the development of strategic investment priorities. Page 219
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4.5 Key Aspects of the SHIP Guidance Issued in June 2022 Building on previous guidance, the Scottish Government’s most recent guidance includes an enhanced emphasis on ensuring that the SHIP is aligned with the local Child Poverty Action report. The delivery of affordable housing is key to efforts to alleviate poverty in general. The guidance also requires details on how the SHIP supports and enables the local authority to deliver duties required under the Islands Act. The guidance continues to include an enhanced emphasis on the delivery of wheelchair accessible housing in support of action 62 of the Fairer Scotland for Disabled People Action Plan. The latest guidance also emphasises and includes specific linkages between the SHIP process and the duty on local authorities to produce Rapid Rehousing Transition Plans, essentially ensuring that the delivery of the SHIP will have direct impact on homelessness in the local authority area. 4.6 Resource Planning Assumptions (RPAs). In July 2021 The Scottish Government allocated Resource Planning Assumptions (RPAs) to local authorities for the five years to the end of March 2026. The Scottish Government have confirmed that the figures for 2027 and 2028 can be based on the allocations from previous years although they are not formal definitive allocations: Year 2023/24 2024/25 2025/26 2026/27 2027/28 Total RPA £18.264m £18.328m £18.632m £18.632m £18.632m £92.488m It should be noted that this is potential investment for Argyll and Bute, dependent on actual need and deliverability of suitable projects. While obviously very welcome, this level of funding will also present real challenges for the Council and its partners. This would be subject to sufficient complementary funding being available from the Council and RSLs themselves to support the programme; and the capacity of the constrained local construction industry to gear up to such an enhanced level of productivity. 4.7 Additional funding is required to complement the Scottish Government investment, and in Argyll and Bute this includes a significant contribution from the Council’s Strategic Housing Fund (SHF) as well as Housing Association investment drawn from private sector borrowing. The council’s SHF is primarily based on the revenue raised from reduced tax discounts on holiday and second homes. The SHIP sets out plans to fully utilise the SHF over 5 years to support the affordable housing development programme, including empty homes grants and loans. The projected income to the SHF over the next 3 years is approximately £2m per annum. An indicative estimate of around £2.29m would be required to support in full the Scottish Government investment outlined in the Page 220
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2023/24 RPA above based on the Scottish Government’s updated baseline benchmark of £95 500 per unit. 4.8 Consultation and Collaboration The preparation of the SHIP is intended to be viewed as a corporate activity with close working relationships fostered across housing, planning, economic development and other internal services. It is also crucial that the SHIP process is based on collaboration between the Council, RSLs, communities, developers, the Scottish Government and other stakeholders such as the Health and Social Care Partnership; and that the SHIP document should provide a detailed narrative about how consultation and collaboration has been undertaken with all stakeholders. In Argyll and Bute, while the Council remains the strategic authority with overall responsibility for the plan, local RSLs and developers are engaged formally and informally throughout the process, and do lead on delivering most of the individual projects. Regular review meetings are held with SHIP officers from the Council, RSLs, and the Scottish Government, and all proposals and decisions are considered by the overarching, multi-agency Strategic Housing Forum. Updates are also being tabled at local area community planning groups; and at the level of specific projects, sites and settlements, a range of community representatives and individual residents are routinely engaged and consulted. In recent years, a number of local community councils and development trusts have pro-actively engaged in the SHIP process, undertaking localised Housing Need and Demand Assessments (HNDAs), with Council support, to feed into the process and contributing to discussions on the project proposals. Additional engagement has been promoted across the local business sector and a network of employers and other interested parties has been established for future consultation. 4.9 A primary focus for the new SHIP has been engagement with the Health and Social Care Partnership (HSCP) to ensure adequate specialist provision is included in the new build programme. The HSCP’s new 3 year strategic plan was launched in 2022 and incorporates a Housing Contribution Statement (HCS) outlining the essential role housing plays in supporting and maintaining independence, health and well-being of residents. The new LHS consolidates the partnership working with the HSCP and sets out a high level outcome which is: “To enable people with particular needs to live independently in their own homes and to remain in their communities” The post of dedicated Housing Occupational Therapist which was established in October 2018 to co-ordinate and promote these needs through the SHIP group, was made permanent in 2021. 4.10 Housing Infrastructure Fund (HIF) The Scottish Government introduced a Housing Infrastructure Fund in 2016 to support housing development through dedicated loans and grants. The HIF will Page 221
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prioritise sites which are of strategic importance and cannot proceed or have stalled due to exceptional infrastructure works. The Council secured a £2.1 million HIF grant to address the costs of upgrade works at Kirk Road/Lorn Road. This work is now complete and has enabled delivery of the ongoing 300 unit affordable housing development at Dunbeg, which remains a high strategic priority for the council and its partners. The SHIP annual update contains proposals for 3 further HIF projects in Argyll. 4.11 Other Affordable Housing Provided Without AHSP Assistance SHIPs should contain details of all proposed affordable housing projects within the local authority area including those which will be provided without AHSP support. This could include off the shelf purchases, buybacks of ex-council/RSL stock, projects where councils have exclusively used their own resources, pension funds or other sources of funding, including Scottish Government non- AHSP funds to develop housing. The Council will continue to explore these and all other appropriate options to increase the supply of affordable housing. The Council agreed an Open Market Purchase Statement with the Scottish Government in January 2022. SHF has contributed to 1 Rural and Islands Housing Fund projects in Argyll during 2022 – the refurbishment of 6 properties for affordable rent on Ulva through the North West Mull Community Woodland Company (NWMCWC). In addition a Community Housing Network Group has been established by the Council to support community groups to take forward housing projects which meet identified need. The potential impact of the proposed Rural Growth Deal (RGD) for Argyll and Bute will be significant, and the SHIP and the housing sector in general can contribute to this strategic agenda. 4.12 Current Progress: Outputs 2021/2022 Table 1 details the affordable housing delivered by the SHIP in 2021/22. TABLE 1: SHIP New Build Homes by HMA & Project, 2021/22 Housing Market Area Projects Completions % of total Cowal Cairndow (FYNE HOMES) 6 4% Lorn Kirk Road (Dunbeg) (WHHA) 4 3% Dunbeg Phase 3 (LINK) 115 80% Helensburgh and Lomond Garelochhead (ACHA) 10 7% Islay, Jura and Colonsay Imeraval Phase 3 (WHHA) 8 6% TOTAL 143 100% Page 222
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4.13 The Revised SHIP Programme The current year, 2022/23, is covered by a Strategic Local Programme Agreement while the new SHIP is intended to commence from 2023/24. The following tables summarise all proposals at the time of writing, including those projects which were completed in the first quarters of this year and for which funding has already been drawn down. It should be noted that the status of many future projects, particularly in the later years, remains provisional and purely indicative at this stage; some may not proceed within the timescale. However there is also scope for additional proposals to be brought forward or included in earlier years. TABLE 2: SHIP Projects Completions/Anticipated Completions in 2022/23 Project address Developer Units Anticipated Completion Date Inveraray Phase 2 ACHA 10 Completed June 2022 Tarbert ACHA 4 Nov 2022 Millknowe Campbeltown ACHA 2 Nov 2022 Tom-A-Mhoid Road Dunoon FYNE HOMES 1 March 2023 Dunbeg Phase 3 (remaining units) LINK 185 March 2023 Sawmillfield Helensburgh WHEATLEY GROUP 36 March 2023 Jura WHHA 10 Completed July 2022 Argyll & Bute 2022/23 Total Completions (est.) 248 March 2023 TABLE 3: SHIP Core Programme - Potential Completions by March 2028 Project address Developer Units Anticipated Completion1 Bowmore Phase 4 ACHA 18 Year 1 (23/24) Eton Avenue Dunoon ACHA 4 Year 1 (23/24) North Connel - Phase 2 ACHA 2 Year 2 (24/25) Tighcargaman Port Ellen ACHA 20 Year 2 (24/25) Dalintober ACHA 25 Year 2 (24/25) Coll ACHA 10 Year 2 (24/25) Tarbert ACHA 15 Year 2 (24/25) Tarbert ACHA 15 Year 3 (25/26) Keills ACHA 4 Year 4 (26/27) Jeanie Deans Helensburgh DUNBRITTON HA 12 Year 1(23/24) Helensburgh Golf Club DUNBRITTON HA 62 Year 1 (23/24) 18th Tee, Helensburgh DUNBRITTON HA 16 Year 1 (23/24) Cardross DUNBRITTON HA 37 Year 3 (25/26) Succoth Phase 2, Arrochar DUNBRITTON HA 12 Year 4 (26/27) Lochgilphead Riverside Drive Baddens FYNE HOMES 6 Year 1 (23/24) Inveraray Phase 1 FYNE HOMES 16 Year 1 (23/24) Ballochgoy Rothesay FYNE HOMES 10 Year 1 (23/24) Page 223
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Rothesay Academy Phase 1 FYNE HOMES 30 Year 2 (24/25) Inveraray Phase 2 FYNE HOMES 10 Year 2 (24/25) Rothesay Academy Phase 2 FYNE HOMES 20 Year 4 (24/25) Cairndow Phase 2 FYNE HOMES 4 Year 5 (27/28) Tighnabruaich Phase 2 FYNE HOMES 10 Year 5 (27/28) Dunbeg Phase 4 LINK 90 Year 2 (24/25) Rosneath LINK 49 Year 3 (25/26) Hospital Field site Oban LINK 50 Year 3 (25/26) Lonan Drive Oban LINK 44 Year 3 (25/26) Glencruitten LINK 100 Year 4 (26/27) Dunbeg Phase 5 LINK 75 Year 4 (26/27) Dunbeg Phase 6 LINK 75 Year 5 (27/28) Port Charlotte Phase 1 WHHA 14 Year 1 (23/24) Imeraval Phase 4 Islay WHHA 20 Year 1 (23/24) Tobermory Phase 3 WHHA 12 Year 2 (24/25) Port Appin Phase 1 WHHA 6 Year 2 (24/25) Craignure WHHA 22 Year 2 (24/25) Colonsay WHHA 5 Year 2 (24/25) Salen WHHA 8 Year 3 (25/26) Port Appin Phase 2 WHHA 24 Year 5 (27/28) Bunessan Phase 2 WHHA 4 Year 5 (27/28) Argyll and Bute Total 956 2023-2028 1 NB. Timescales are indicative and subject to change; and will be monitored on a regular basis. Some projects could also revise their final number of units. 4.14 Alternative sites are also being considered either to replace or enhance some of the sites listed in above tables. The Council also continues to provide support for communities considering the use of the Government’s Rural and Island Housing Funds and other resources to deliver affordable housing out with the core AHSP development programme. The table below provides details of these projects. TABLE 4 : Community Housing Projects HMA PROJECT/COMMU NITY UNITS Mull & Iona Ulva (Refurb) 6 Mull & Iona Glengorm (Refurb) 5 Islay, Jura & Colonsay Port Askaig, Islay 2 Islay, Jura & Colonsay Scalasaig, Colonsay Phase 1 12 units in total made up of 3 Self build plots, 3 Private Rented units (Mowi) 6 affordable housing units of which 4 are social rent and 2 are shared equity Argyll and Bute Total 25 Page 224
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4.15 Impact Assessments In preparing the SHIP, as in all aspects of housing policy and planning, the Council has taken account of the housing needs of all the communities we serve, and continues to address equalities issues and adhere to principles of diversity and inclusion. In addition to the robust baseline evidence of specialist accommodation and support needs across the range of equalities client groups contained in the HNDA, the Council is proactively pursuing engagement with the Health and Social Care Partnership to inform the SHIP programme. An overarching equality impact assessment will be completed for the LHS and this will inform our assessment of the impact of the SHIP, and how the strategic aims are embodied in the housing priorities of the programme. Housing Services will also consider requirements for Health Inequalities Impact Assessments, Child Rights and Wellbeing Impact Assessments or other potential policy implications. However, as the responsible authority for the purposes of the relevant 2005 Act, the Council has determined that a Strategic Environmental Assessment (SEA) is not required for the LHS or SHIP. 5.0 CONCLUSION 5.1 The Scottish Government will review the SHIP in line with the process agreed jointly with COSLA. Their appraisal will therefore take account of the following: the extent to which the SHIP delivers LHS Outcomes; the extent to which it is feasible to deliver; the local authority’s contribution to the delivery of the programme, both in terms of its facilitation role and in terms of maximisation of resources; evidence that the Council is supporting the efficient delivery of the SHIP; evidence of stakeholders’ involvement in developing the SHIP and in the implementation of proposals; and the extent to which it takes account of equality issues. In March 2021, the Scottish Government provided positive feedback on the previous SHIP, submitted last year, and their comments have also continued to inform this latest version of the SHIP moving forward. 5.2 It is recognised that an adequate supply of suitable housing is becoming an increasing pressure within Argyll and Bute. The Council is fully committed to, and actively exploring, all opportunities to enable housing delivery which meets the identified need and demand across the local authority area. 6.0 IMPLICATIONS 6.1 Policy - Proposals are consistent with current Council policy, including the revised policy in respect of the use of Strategic Housing Fund monies. The SHIP supports the Local Housing Strategy vision and outcomes which are directly aligned with the overarching objectives of the Outcome Improvement Plan, in particular Outcome 2 – we have infrastructure that supports sustainable growth. Page 225
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6.2 Financial - The proposals are based on the Resource Planning Assumptions provided by the Scottish Government; the Strategic Housing Fund and RSL private finance. There will be an ongoing requirement to retain and target SHF resources to support the proposed programme. 6.3 Legal - The submission of the SHIP will meet our statutory duties, and following its approval, Strategic Local Programme Agreements will be concluded between the Council and Scottish Government. 6.4 HR – None. 6.5 Fairer Scotland Duty - The proposals are consistent with aims and objectives set out in the local housing strategy, which is subject to an EQIA. 6.5.1 Equalities Protected characteristics - There are targets set within the SHIP to deliver housing which meet the needs of specialist groups. 6.5.2 Socio-economic Duty – The delivery of affordable housing across Argyll and Bute facilitates socio-economic opportunities for all. The SHIP links with the Child Poverty Strategy. 6.5.3 Islands – The Housing Needs and Demand Assessment process takes full account of housing need on the islands. New build developments on the islands are included in each of the SHIP tables. 6.6 Climate Change – All new build properties delivered through the SHIP are built to a Greener Standard. 6.7 Risks – Risk assessment is an integral part of each development and will be considered as the programme moves forward. The SHIP is required to show how risk will be managed. Failure to deliver a robust SHIP could result in loss of substantial government investment for the local authority area. Alternatively, however, failure to forward plan judiciously and to programme development in line with identified needs could result in over supply; generating imbalances in the local housing market, and creating risks for RSLs and the management of their existing stock, with consequent adverse effects on local neighbourhoods and communities. 6.8 Customer Service - The proposals will deliver increased access to a range of suitable, affordable housing options. Kirsty Flanagan, Executive Director with responsibility for Development and Economic Growth Councillor Robin Currie, Policy Lead for Economy and Rural Growth September 2022 For further information contact: Fergus Murray, Head of Development and Economic Growth Fergus.Murray@argyll-bute.gov.uk Page 226
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Douglas Whyte, Team Lead – Housing Strategy Douglas.Whyte@argyll-bute.gov.uk Appendix 1 – Argyll and Bute Strategic Housing Investment Plan 2023/24 – 2027/28 APPENDIX 1 – ARGYLL AND BUTE STRATEGIC HOUSING INVESTMENT PLAN 2023/24 – 2027/28 Page 227
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ARGYLL and BUTE STRATEGIC HOUSING INVESTMENT PLAN 2023/24 - 2027/28 Page 228
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CONTENTS SECTION PAGE INTRODUCTION 1) The Strategic Framework 2) Stakeholder Consultation 3) Prioritising the Programme 4) Delivering the Programme: Mitigating Risks and Resolving Development Constraints 5) Resourcing the Programme and the Council’s Contribution 6) Empty Homes 7) Child Poverty and Fuel Poverty 8) Specialist Provision including Wheelchair Habitable Housing 9) Gypsy/Traveller Sites 10) Homelessness/ Rapid Rehousing Transition Plans 11) Buybacks, Second-Hand Acquisitions and Off-Shelf 12) Update from the Previous Ship 13) The Revised Programme 14) Monitoring and Review and Impact Assessments CONCLUSION Appendices Page 229
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Helensburgh & Lomond Bute & Cowal Mid-Argyll, Kintyre & Islay Oban, Lorn & the Isles MULL Tobermory Oban Campbeltown Bowmore Rothesay Helensburgh Lochgilphead COLL TIREE COLONSAY GIGHA IONA BUTE ISLAY JURA The focus of the Strategic Housing Investment Plan (SHIP) is affordable housing provision via new build, replacement, rehabilitation or re-modelling. “Affordable housing” in this context refers to accommodation made available at a cost below full market value to meet an identified need and includes: Social rented housing. Subsidised low-cost housing for sale (discounted, shared ownership or shared equity); Low-cost housing without subsidy (entry level housing for sale); and Mid-market rental housing provided by social landlords.” Guidance on the Preparation of Strategic Housing Investment Plans, Scottish Government, July 2016 AFFORDABILITY – as a basic rule of thumb, an affordable house price is reckoned to be no more than 3.5 times the annual income of the household; and in terms of renting a property, the affordable benchmark is often considered to be around 25% of the household’s income. Page 230
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Argyll and Bute Council remains committed to working closely with the Scottish Government, local housing associations, and other key partners to increase the effective supply of affordable homes across the local authority area so that everyone can access a good quality affordable home that meets their needs. The Strategic Housing Investment Plan (SHIP) is a key local authority document which identifies priority housing projects to support the delivery of local and national strategic housing targets, as well as helping to increase the supply of housing across other tenures as appropriate. The Local Housing Strategy (LHS) sets out the strategic policy approach of the council and its partners to deliver high-quality services across all tenures and meet identified needs in the area. The strategy and its associated policies directly inform the SHIP. This plan is an operational document, setting out how it will deliver the LHS priorities and outcomes through a five-year strategic investment programme. It reinforces the council’s role as the strategic housing authority; and informs Scottish Government housing investment decisions. It also underpins the preparation of Strategic Local Programme Agreements (SLPAs). Specifically, the SHIP is the key document for identifying: proposed strategic housing projects which require funding from the Scottish Government’s Affordable Housing Supply Programme; proposed affordable housing projects which can be provided without Scottish Government funding support; and projects across all tenures requiring grant and loan funding from the Scottish Government’s Housing Infrastructure Fund. This SHIP builds on the previous SHIP published in 2021 and has been developed in consultation with key stakeholders. The outline draft plan was also approved by the SHIP Officers’ Group and the Strategic Housing Forum in 2022, and the finalised SHIP was approved on **** 2022 by the full council for submission to the Scottish Government. INTRODUCTION This SHIP covers the five years from 2023/24 to 2027/28. Page 231
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The SHIP narrative provides a context to the SHIP and includes the following: A statement outlining the role the SHIP investment priorities plays in delivering LHS outcomes. Details of stakeholder consultation undertaken in developing the SHIP. A summary of the project prioritisation framework, including: Prioritisation by unit size; Prioritisation by how the project addresses duties placed on the council by the Islands (Scotland) Act; and The council’s investment priorities for housing in town centres A list of the risks and key issues constraining the delivery of the programme and identifying the actions that are required to mitigate against these constraints. For example, using different construction methods to deliver SHIP projects. Resourcing the programme, including : Details of how the council’s own resources, such as Council Tax on Second and Empty Homes, support affordable housing delivery; Details of other funds that are supporting the delivery of affordable housing; Details of Developer Contributions that have been used to assist affordable housing delivery; and The role of the Housing Infrastructure Fund in delivering new affordable housing. A summary of the empty homes services and actions being taken by the council to bring homes back into use. Aligning the SHIP programme with the requirement specified in the Argyll and Bute’s Child Poverty Action Report. Details of specialist housing provision delivered over the SHIP period, including wheelchair-accessible housing. An outline of capital works undertaken on Gypsy/Traveller sites and if the Gypsy/Traveller Accommodation Fund may fund future works. Outlining how the strategic housing priorities are aligned with Rapid Rehousing Transition Plan priorities. A statement on the council’s approach to buybacks, second-hand acquisitions and off-the-shelf purchases. A review of the previous SHIP (published in 2021) A summary of the projects in this SHIP. Full details of these projects can be seen in the Scottish Government’s electronic system HARP (Housing And Regeneration Programme) Details of how the SHIP will be monitored and reviewed including how the SHIP programme impacts upon: Equalities and Socio-Economic Impact Assessment Child Rights and Wellbeing Impact Assessment Health Impact Assessment Islands and Communities Impact Assessment Strategic Environmental Assessment Page 232
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Argyll & Bute Outcome Improvement Plan (ABOIP) Six long-term outcomes underpin this objective: - While the housing sector has a role to play in achieving all of these outcomes, the provision of affordable new build housing, particularly the delivery of the SHIP, primarily focuses on Outcome 2 (infrastructure supporting sustainable growth). 1) THE STRATEGIC FRAMEWORK The Argyll and Bute Outcome Improvement Plan 2013- 2023 sets out the Community Planning Partnership’s (CPP) vision for achieving long term outcomes for communities in Argyll and Bute. As the overarching strategic document for local partners, including the council, it provides the high-level context for a wide range of strategies, plans and policies, including both the Local Housing Strategy and the SHIP. The council and its partners are soon to commence their review of the current Outcome Improvement Plan and aim to publish the refreshed document in 2023. Future SHIPs will align with the new Local Outcome Improvement Plan. The overall objective of the plan for the 10 years to 2023 is – Argyll and Bute’s economic success is built on a growing population. In Argyll and Bute: 1. The economy is diverse and thriving. 2. We have infrastructure that supports sustainable growth. 3. Education, skills and training maximises opportunities for all. 4. Children and young people have the best possible start. 5. People live active, healthier and independent lives. 6. People live in safer and stronger communities Page 233
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Local Housing Strategy (LHS) 2022/23-2026/27 Underpinning this vision are four high-level outcomes: The SHIP continues to play a key role in promoting the overall LHS vision and delivering on LHS, particularly outcome 1 (Supply and Place Making). The council developed a new HNDA in 2021, which the Scottish Government subsequently approved. The council’s LHS housing supply target of providing 1075 affordable homes from 2022/23 to 2026.27 (215 homes per year) which is significantly higher than the baseline HNDA estimate to take account of local and national strategic aspirations for repopulation, economic recovery, and overall growth throughout the authority area. Housing supply target 2022/23 to 2026/2027 is 1,450 units across all tenures (290 per annum). Affordable housing supply target 2022/23 to 2026/27 is 1,075 (215 per annum) “Everyone in Argyll & Bute has access to a suitable, high- quality home which is affordable and located within a vibrant, sustainable and connected community.” 1) Housing Supply and Place Making 2) House Condition, Energy Efficiency and Poverty 3) Specialist Provision and Independent Living 4) Housing Options, Information and Support The Council continues to ensure that the investment programme and priorities set out in the SHIP are consistent with the vision, aims and objectives of the LHS; and that these build on the latest Housing Need and Demand Assessment (HNDA). Existing strategic priorities and outcomes continue to be ratified and supported by partners and stakeholders via the Argyll and Bute Strategic Housing Forum. Earlier in 2022 the council published it’s new LHS which covers a five-year planning period from 2022/23 to 2026/27. The LHS sets out an updated core vision: In summary, the SHIP will aim to deliver sufficient suitable and affordable new homes to attract and retain young people and families, to support a sustainable and thriving business sector, and to meet the needs of the elderly/ageing population, and those with particular needs. Potentially, up to 10% of the five-year provision could be for alternative tenures such as shared equity; and 10% should comprise some form of “specialist provision” including 5% which should be fully wheelchair habitable. Page 234
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Scottish Government Priorities and COHI. One of the Scottish Government’s priorities is to ‘support a more balanced population across Scotland.’ To achieve this aim, the Scottish Government has developed a strategy called- ‘A Scotland for the future: Opportunities and Challenges of Scotland’s Changing population’ to ensure all areas have a more balanced population “so all our communities can flourish”. The Scottish Government’s National Islands Plan aims to address population decline and ensures a healthy, balanced population profile. In particular, the National Islands Plan commits to supporting the repopulation of rural and island communities. Housing to 2040 aims to deliver the vision for everyone in Scotland, including island communities, by understanding and identifying what positive measures need to be taken forward to address, promote and ultimately reduce inequality in housing outcomes across all housing tenures by 2040 and build strong sustainable communities. The Convention of the Highlands and Islands (CoHI) aims to address the Scottish Government’s priorities outlined above by establishing a population working group which recommended that pilot projects were established to tackle depopulation. The council is a member of CoHI and is participating in the pilot projects. The council has identified the following areas as repopulation zones: • Rosneath Peninsula • Kintyre (Tarbert to Southend) • Tiree and Coll • Bute A settlement officer has been employed on a one-year contract to examine the availability and quality of housing across Argyll and Bute and factors such as cost, land supply, and infrastructure barriers. The findings from this project will inform housing investment decisions and future SHIPs. As outlined in previous SHIPs, the preparation of this plan, as well as the planning and delivery of individual projects, remains a continuous, iterative corporate activity. Since 2019, close working relationships have been further enhanced and streamlined as the council’s service restructuring brought Housing and Planning Services together with Economic Development and Regeneration in a single department of Development and Infrastructure under one Head of Service. In addition, the internal joint working will include ad hoc involvement of other departments such as Roads, Property Development/ Estates when appropriate. The SHIP process reflects a strong collaborative approach with Registered Social Landlords (RSLs, or housing associations), the Scottish Government, communities, developers and other stakeholders. 2) STAKEHOLDER CONSULTATION Page 235
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Key partners include: The Scottish Government: More Homes Scotland Division Argyll & Bute Council Argyll & Bute Health & Social Care Partnership Argyll Community Housing Association Fyne Homes Housing Association Dunbritton Housing Association West Highland Housing Association Link Group Ltd Wheatley Group Loretto Housing Association Bield Housing Association Trust Housing Association HMNB Clyde/ MOD Loch Lomond & Trossachs National Park Rural Housing Scotland Communities Housing Scotland. Highlands & Islands Enterprise Veterans Housing Scotland Scottish Water Home Energy Scotland ALIenergy At the very local level, on a site-by-site basis, RSLs and Council officials continue to liaise closely with private developers, local landowners, local community groups and development trusts, and a range of other stakeholders to negotiate, facilitate, enable and deliver viable projects within the context of the LHS and the framework of the SHIP. Updates are also being tabled at local area community planning groups. Community representatives and residents are routinely consulted regarding specific projects, sites and settlements. The Argyll & Bute Strategic Housing Forum, comprising a wide range of key partners from the Community Planning Partnership, constitutes the overarching Housing Market Partnership with ultimate responsibility for overseeing the implementation and monitoring of the LHS and the SHIP; and is chaired by the Council Leader. The Strategic Housing Forum is also responsible for making appropriate recommendations to Council Members and lobbying the Scottish Government regarding housing issues in Argyll and Bute. The Terms of Reference for the Forum, as the formally constituted local housing market partnership within Argyll and Bute, were reviewed and agreed upon in September 2020 and are available on request to the council. The SHIP Officers Development Group - In addition to regular programming meetings between the council, the Scottish Government and individual RSLs, a dedicated SHIP Officers Group continues to bring practitioners from all these parties together on a quarterly basis to address and progress operational development matters which are then reported to the overarching Strategic Housing Forum. In 2018/19, a secondary SHIP Partners Group was convened involving other partners Page 236
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such as infrastructure services (Roads and Amenities) and agencies such as Scottish Water to consider specific project-based issues. This proved successful in addressing specific constraints and has now been incorporated, as appropriate, within the SHIP Officers Group and the Strategic Housing Forum. Community Housing Network Group- Argyll and Bute Council, as the strategic housing authority, recognises the importance of community groups and their role in delivering affordable housing. The Community Housing Network Group (CHNG) was established to improve communication and partnership working. The group exists to fulfil the following aims: Provide a forum for community groups interested in developing affordable housing to come together and discuss important aspects of their work to deliver housing solutions in their communities; Provide guidance to the community groups on relevant areas of policy and practice; Facilitate external speakers on areas of subject expertise relevant to the group members; and Encourage sharing complex issues between members, understanding that no one organisation has all answers. Various community groups within the network have successfully attracted funding from the Rural and Islands Housing Fund or the Scottish Land Fund to provide affordable housing. More details are outlined in Section 5. Rural Growth Deal (RGD) Housing Sub-group- The Rural Growth Deal housing sub-group aims to provide affordable housing for workers to enable businesses to be sustainable or grow. The proposal is to construct housing for sale at an affordable price; place rural burdens and planning conditions on homes financed by the Rural Growth Deal to ensure they are used as principal housing for residents and workers; and develop proposals relating to portable worker accommodation and support employers to furnish properties for staff. Argyll and Bute Child Poverty Action Group- The Argyll and Bute Child Poverty Action Group recognises that it is vital that the council, Health Board, the third sector and communities work together to tackle child poverty. Housing is an essential component in tackling child poverty; hence, the service has been represented in the group since its inception. However, in 2021/22, the Housing Policy and Strategy Team joined the group to ensure that housing investment and key policies prioritised tackling child poverty. The SHIP will deliver housing investment, enabling some families to be allocated affordable, energy-efficient homes. Page 237
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Health and Social Care Partners To realise this vision, people need access to appropriate housing models and care staff to enable them to live at home or in a homely setting. The balance between care in residential and community settings has already shifted considerably towards looking after people at home. This is evidenced by 53% of those aged 65+ who require 10+ hours of home care per week being looked after at home1. However, expanding care at home is restricted by staff numbers and the Health Board claims that a lack of affordable housing is a barrier to enabling it to attract health and social care staff. The SHIP and Rural Growth Deal will provide affordable homes which could attract health and social care staff to the area. In addition, the delivery of suitable specialist provision via the SHIP programme will be critical to enabling people with needs to live independently in their own home. A dedicated Housing Occupational Therapist (OT) post was created to take this agenda forward and cement the close partnership between the council, RSLs and the HSCP. This includes reviewing the circumstances and requirements of families with particular needs, developing a better understanding of the accommodation and support needs of wheelchair users, and facilitating early interventions, particularly concerning adaptations and property layouts and design. One innovative outcome of this joint work was delivering a cross-sectoral training programme for partners. This will also help inform the SHIP process and promote greater engagement across the board. The Housing OT and relevant HSCP officers will continue participating in the SHIP Operational Group and the Strategic Housing Forum. In 2021, the council approved the recommendation that this post should become permanent, funded by Housing Services. The Housing OT and the LHS strategy team worked together to conduct research and consultation with wheelchair users across Argyll and Bute. This research helped identify specific new build targets for wheelchair accommodation, which have been incorporated into this plan and take immediate effect in respect of the SHIP 1 Health and Social Care Joint Strategic Plan 2022-25 As a priority, the Council continues to foster closer engagement with the Health & Social Care Partnership (HSCP) at all levels (from senior management group to locality planning groups). The HSCP’s current three-year Strategic Plan was launched in 2022, incorporating a revised and updated Housing Contribution Statement (HCS) which outlines the essential role that housing plays in supporting and maintaining independent living and the health and wellbeing of residents. The SHIP has a direct and significant contribution to make to this outcome. “People in Argyll and Bute will live longer healthier independent lives” Page 238
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programme. In 2021, Council Housing Services appointed a dedicated Mental Health/Addictions Housing Practitioner focused on supporting the delivery of the Rapid Re-housing Transition Plan, further enhancing the strategic and operational links between housing, health and social care. Wider Stakeholders, Local Business, and Economic Development - Other stakeholders and strategic partners will be engaged on an ad hoc basis as appropriate. Increasingly, given the overarching strategic imperatives, economic development and regeneration partners are also emerging as key associates in the SHIP and LHS process. This has led, for instance, to an ad hoc working group (facilitated by Housing, Economic Development and HIE) co-ordinating dedicated events in August 2018 and September 2019, for local employers and representatives of the business sector to engage with housing providers and explore innovative delivery mechanisms and opportunities such as the Rural Growth Deal. The events also provided networking opportunities for local community representatives as well as RSLs (which of course constitute local, community-based and focused organisations and charitable associations in their own right). In total, over 50 organisations, agencies, services and individuals attended the events, and the intention is to retain this network as one thematic interest group for future consultation and engagement when developing the next Local Housing Strategy. This consultation exercise informed the Rural Growth Deal. The council commissioned research in Mull, and this further engaged the business sector. Community Engagement - In addition to the above, the council has recently reviewed and updated its approach to localised housing need and demand assessment, building on a number of years’ experience with community councils, development trusts, local study groups, green belt groups, tenants and residents’ associations, and various other local bodies across mainland Argyll and throughout the islands. The result is a detailed resource for local communities and third-party support agencies to carry out surveys, stakeholder engagement, and data analysis, with the support of council staff, in order to assemble the crucial, “high quality, fit for purpose” evidence base required to secure public funding and help to deliver practical housing solutions[1]. The council has engaged with local representatives on Mull, and community councils in North Lorn, for instance, to implement the new toolkit; and this is now available. HMNB Clyde / MOD engagement-As reported in previous SHIPs, the Strategic Delivery and Development Framework (SDDF) was established between the Council and HMNB Clyde to achieve maximum benefit for the base the wider community as a consequence of the proposals for increasing the naval presence at Faslane. This dedicated working group continues to explore the potential accommodation needs arising from the development of the naval base as the Royal Navy’s UK Submarine Centre of Specialisation and the consequent economic impact this is likely to have in the local area. The SHIP is therefore required to take full account of the associated emerging accommodation needs in the Helensburgh and Lomond area. To this end, a comprehensive housing market study of the area was completed in 2018, which involved further extensive consultation and stakeholder engagement. Additionally, the council is conducting a wider economic study in partnership with the MOD. [1] The Argyll and Bute Community Housing Assessment Toolkit (CHAT) is available on demand from Council Housing Services. See contact details on the final page of this Plan. Page 239
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A key issue in relation to housing and potential requirements for the SHIP is the implementation of the Future Accommodation Model (FAM), which the MOD is piloting. The 2015 Strategic Defence and Security Review (SDSR) committed the Ministry of Defence to make a new accommodation offer to help more service personnel live in private accommodation and meet their aspirations for home ownership. The way people live, and work is changing, and the FAM reflects this, giving more choice to more Service personnel and their families over where, how and with whom they live. The pilot is a chance for the MOD to test the policy and how it is delivered before deciding whether to roll it out across the UK. If this is confirmed, the majority of bases will gradually transition to the FAM over the next decade or two. The FAM pilot was launched in September 2019 for the Faslane site, and this will have a direct impact on the Helensburgh & Lomond housing market area and beyond. Ensuring sufficient and suitable capacity within the local housing system to address the anticipated increased demand will be a priority for the SHIP over the next 5 – 10 years. In addition, the council has carried out a dedicated in-house study of the particular needs of veterans and serving military personnel more widely, i.e., beyond those based at or leaving Faslane; the results informed the new HNDA in 2021 and LHS in 2022. This has involved engagement with local and national organisations such as Veterans Housing Scotland and Poppy Scotland, among others. hnda_technical_paper_09_-_veterans_and_armed_services.pdf (argyll-bute.gov.uk) The SHIP has a clear and transparent framework for prioritising projects to be delivered. Investment is targeted at Housing Market Area’s (HMA), communities and settlements where communities experience the greatest affordable housing pressures. These priorities recognise the importance of investing in smaller, fragile rural communities as well as larger urban areas. The communities have been identified by consideration of: the relative and absolute pressure on the existing affordable housing; the ability to meet the need in the wider housing market area; recent investment patterns; deliverability (site ownership, infrastructure or planning constraints, etc.); the potential contribution to population and economic growth. 3) PRIORITISING THE PROGRAMME Page 240
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Given that localised “hotspots” or pressured areas may still be masked within the wider geographic HMAs, a further refinement of the evaluation process is also required at the localised settlement (or letting area) level to reflect the complex rural and island geography of Argyll and Bute. Therefore, the council continues to employ the following key indicators: - Prioritisation by Housing Need – Dunbeg remains the immediate development priority for the council, although the SHIP has several other projects in and around Oban. Strategically, Helensburgh & Lomond is also a high priority in terms of need and potential growth opportunities. Critically, the impact of the increased MOD presence at the Faslane naval base and the consequential impact from families and dependents, as well as enhanced supply-chain requirements servicing the base, will inevitably result in additional accommodation pressures within this catchment area. The LHS concluded that Mid Argyll could benefit from further developments, albeit this continues to be closely monitored to avoid creating imbalances in the existing system. Cowal is currently most at risk of severe depopulation. However, it could be regenerated with judicious development, operating in tandem with improvements in employment opportunities and transport infrastructure. There are particular needs in this HMA for a few larger families who require specialist provision. Small-scale developments could also significantly and positively impact the Atlantic Islands, which is also the case throughout the rural mainland. Bute and Kintyre appear to be relatively well balanced in terms of current supply and demand (with annual RSL lets sufficient to address waiting list demand and ongoing evidence of Criteria Indicator/Evidence Identified need HNDA & local updates – total shortfall in affordable housing. Pressure ratios CHR - waiting list applicants per available let on annual basis. Homeless Pressure HL1 statistics - applicants & time to close cases; temporary accommodation; % of RSL lets to homeless cases. Social stock levels Proportion of existing RSL stock to total number of dwellings on Council Tax Register. Wider Strategic Fit Synergies with LDPs; economic development plans or regeneration initiatives; the local improvement plan; and the primary objective of reversing population decline. Specialist Provision HNDA/CHR/Health & Social Work caseload – total shortfall for special needs accommodation & evidence from waiting lists or bespoke research. Risk/ Deliverability Satisfies key development criteria (site ownership; planning consent; resourced; infrastructure constraints; contractor capacity). Early liaison with planning remains critical. Affordability (of proposed rent) Compared to Scottish Govt. benchmarks and other RSL rents; as % of LHA; and as % of local household incomes. Page 241
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long-term voids in these areas, despite recent strategic stock rationalisation programmes). Nevertheless, emerging analysis suggests these local housing markets have also been experiencing significant shifts in demand, and potential needs may be evolving and growing, particularly as a consequence of the Covid pandemic. The recently published Mid-year population estimates by the National Records for Scotland identified Argyll and Bute as the 6th fastest growing local authority, with the population growing by 0.9% from 2020-21, exceeding the ambitious LHS growth target of 0.5%. This increase in population will further fuel housing demand in the HMAs which have seen the greatest population growth. However, future housing demand may be damped by the predicted recession in 2023; in such turbulent times, the council will continue to monitor need and demand in HMAs and modify investment priorities accordingly. Prioritisation by Tenure – The majority of the SHIP programme should be for social rent; however, alternative affordable tenures such as shared equity, other low-cost home ownership options or below-market rent will be considered on a site-by-site basis in line with local market conditions and needs, and actively encouraged where appropriate, subject to a robust business case being made. Prioritisation by Size – The HNDA and the HOMEArgyll common housing register identify that the most significant demand is for one and two-bedroom properties; hence, the SHIP will continue to promote the delivery of smaller properties. The number of applicants waiting for a one or two-bedroom property rose by 10% from 2021. As of July 2022, 83% of the active waiting list applicants required 1- or 2- bedroom accommodation, while 12% required three beds and 5% required four or more bedded properties. The number of applicants wanting a four-plus bedroom property fell from 15% in 2021 to only 5% in 2022. Although waiting list demand for larger properties has fallen, the HNDA process identified demand for larger, family-sized accommodation. “Bright Start, Bright Future” by the Scottish Government identified larger families as one of the vulnerable family types which are more likely to experience child poverty. The council is committed to addressing child poverty, and hence the SHIP partners will consider economically viable options, to deliver larger homes where there is a specific need, including private acquisitions and off-the-shelf properties. (See section 11). Prioritisation by Particular Needs – Specialist housing provision is often required for: those who have impairments such as cognitive, physical, sensory developmental or a combination of impairments. older people with mobility or other health care needs those with mental health conditions. To provide suitable accommodation for those with disabilities/ impairment and the ageing population, the LHS specifies a target of 10% of new build should be purpose designed as specialist provision to suit households with medium to high- level particular needs. Page 242
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As far as possible, all general needs new builds are designed to the minimum lifetime, Housing for Varying Needs Standards, to maximise the accessibility for residents whose circumstances and needs will change over time. In addition, the extent and nature of the future ageing population, for instance, will necessitate strategic investment in developing and delivering housing-based care, support and aids, and adaptations. To this end, the council has developed a more cohesive partnership with the Integrated Health & Social Care body to ensure that the SHIP process is fully aligned with the health and social care integration agenda and other relevant plans such as the “Keys to Life” strategy for persons with learning disabilities, the Integrated Children’s Services Plan, the refreshed national housing strategy for Older Persons published in August 2018, “Age, Home and Community: the next phase”; and the Fairer Scotland for Disabled People strategy published by the Scottish Government in 2016; among others. Further refinement of the wheelchair housing targets in line with the Scottish Minister’s directive is set out in Section 8 of this plan. The finer detail of the programme will be arrived at through specification of suitable type and size of accommodation for individual developments, taking into account the needs of actual households on the waiting list and, where appropriate and as far as possible, in consultation with local community stakeholders. Prioritising projects which align with the council’s overarching vision to grow the population The Argyll and Bute Rural Growth deal aims to facilitate the delivery of a range of housing tenures to accommodate local workers and support business growth in the initial pilot areas of Tobermory and Bowmore. The Islay and Mull SHIP projects will complement the RGD housing proposals. Prioritising projects which improve town centres In addition, to supporting remote rural and island communities, the SHIP programme also supports projects which improve town centres. Historically RSLs in previous SHIPs have delivered new build affordable housing in: Albany Street- Oban (6 units completed in 2019), St Cuthberts, Dunoon (17 units completed in 2017), The Rothesay CourtHouse- Rothesay (25 units for Shared Equity – last property sold in 2022). This SHIP has the following town centre projects Jeanie Deans Helensburgh Eton Avenue Dunoon SHIP projects should provide Rural and Island Proofing2 – the Council’s Housing Service will continue to apply a policy of rural-proofing housing plans and strategies to ensure the more remote and isolated areas, or those designated as “fragile”, are not disadvantaged or adversely affected by investment and 2 Rurality is defined in the Scottish Government Urban Rural Classification, see: http://www.gov.scot/Topics/Statistics/About/Methodology/UrbanRuralClassification. In addition, one definition of fragility is outlined in the report: Review of Fragile Areas and Employment Action Areas in the Highlands and Islands, HIE, November 2014. Page 243
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development decisions. Critical to this aim is joint working with local planners to support the development and sustainability of designated key rural settlements across Argyll and Bute, as well as supporting the aims of the Loch Lomond & Trossachs National Park. Key factors influencing the prioritisation of rural developments include: the ratio of waiting list applicants to lets; the ratio of social housing to second homes; proportionate historic losses through Right to Buy; the percentage of social housing to total dwelling stock; and the ratio of local earnings to average or lower quartile house prices and private rents. While existing, evidenced need remains the primary concern, consideration will also be given to rural areas of potential economic development and/or population growth in liaison with Economic Development colleagues and the local business sector. The rural/urban housing differential is acknowledged nationally in the structure of the Scottish Government’s benchmark framework for grant funding, whereby Argyll and Bute receives a rural uplift to address the additional costs involved in remote rural and island development. The council previously commissioned dedicated studies of island housing markets, specifically for Mull and Islay3, which provided evidence of the disproportionate uplift development costs for these areas and highlighted specific issues and barriers to development in these contexts. This SHIP has also been developed within the context of the Islands (Scotland) Act 2018, which introduced measures to support and help the unique needs of Scotland’s islands now and in the future. The Act also seeks to help create the right environment for sustainable growth and empowering communities. With around 23 inhabited islands in this local authority area (more than any other Scottish authority), Argyll and Bute is committed to supporting and sustaining population and economic growth in these communities and will always ensure to engage directly with the islands when new policies and strategies are being developed that may impact on them. The SHIP aims to support the priorities of the island communities, and our consultation reflects this commitment. In addition to the aforesaid island studies, we ensure that our overarching HNDA process allows for a significant, representative sample of local households on individual islands to participate and register their housing needs and voice their general views on local housing. A formal Islands Impact Assessment has been developed as part of the LHS process, and this document also covers the SHIP. See Section 14 for details. Consultation with Argyll and Bute’s island communities found that only 20% of Argyll islanders believe there is sufficient affordable housing available locally, and only 22% agree that there is a variety of housing types, sizes and tenure to meet local people’s needs. 92% of Argyll islanders believe there is insufficient housing to meet local demand. In addition, high levels of fuel poverty are recorded on the islands, and very high rates of ineffective stock (mainly second/holiday homes). The rapid expansion of short-term-lets in recent years has also contributed to the high rates 3 “Islay Strategic Housing Overview”, Community Housing Scotland (2019); “Isle of Mull Strategic Housing Review”, Rural Housing Scotland (2019). Page 244
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of ineffective stock. This is demonstrated by the council identifying 4000 properties in 2022 in the entire council area that fall into the short-term lets definition4. The number of ineffective properties may reduce with the introductions of the Scottish Governments short-term-let regulations which requires properties being used in this way to have a short term let license. The council is also contemplating if it will establish short-term-let zones in areas with particular pressures. Properties used for short term lets in identified zones will require Planning Permission in addition to the short-term-let license. The council will continue to monitor the levels of ineffective stock in tourist hotspots such as islands. To tackle the lack of sufficient affordable housing in island communities the SHIP in the last 5 years (2017- 2022) has delivered 70 units on the islands, equating to 15% of all units provided within Argyll and Bute. The islands received SHIP investment of over £16.25 million to deliver these new homes. Of the 12 SHIP projects on-site or completed during 2021/22, three (25%) were located on the islands, and four (33%) were in rural locations out with larger towns. A further three projects (25%) were located in the main towns of Helensburgh, Dunoon and Campbeltown, while two projects (17%) were in Dunbeg. This reflects a suitably spread of new developments across the local authority area. Future prioritisation process The implementation of National Planning Framework 4 (NPF4) requires councils to support communities undertaking Local Place Plans. This will place greater pressure on councils to address the needs identified by community plans. In the future, the council will revise its prioritisation process to include a robust scoring system to ensure transparency in the decision-making process. 4 2820 of the identified Short-Term Lets are known through Council Tax and NDR 1180 additional properties are estimates. Page 245
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It is important to identify, assess and respond to any risks or potential constraints that might impact the overall programme or individual projects; and that effective measures are taken to mitigate these as far and as early as possible. The SHIP aims to assure that, if funding is secured, any other constraints will be resolved by the time of the estimated site start of the relevant project. The main risks or constraints that tend to apply to the SHIP programme include: Increased construction costs which are being impacted by supply chain issues, unprecedented fuel costs and inflation. The constrained capacity of the local construction sector and tight labour market. Development and Infrastructure constraints. Effective land supply and legal procedural constraints. Planning issues. Financial assumptions. Mitigating Constraints The council and its partners are working continuously to minimise these risks and mitigate constraints as far as possible a) Increased construction costs and a tight labour market The Helensburgh area benefits from wider competition from out with the local authority boundaries however, this is not the case for the remainder of Argyll and Bute which is more reliant on the local construction sector. The constrained capacity of the local construction sector has a huge impact on delivering new homes. Local contractors rely on tradespeople the central belt to fill in gaps in provisions. Brexit and Covid 19 have reduced the number of people in the labour market. Therefore, employees are able to be more selective in the jobs they undertake. A shortage of labour combined with the exorbitant fuel costs have placed additional hurdles in the way of recruiting construction workers who are prepared to travel to Argyll and Bute to undertake construction work. The Scottish Government issued revised benchmark costs in October 2021 to reflect the increased construction costs. However, the cost of labour and materials appear to have increased more sharply in remote rural and island communities. In addition, RSLs and contractors continue to highlight concerns in balancing cost and quality considerations, especially given the ongoing cost of securing private finance in a high-interest financial environment. These factors will make delivering new homes within the revised benchmark extremely challenging. To mitigate against higher construction costs and shortages of labour the council and its partner have explored innovative construction solutions. For example, in Dunbeg, the main contractor MacLeod’s had the experience of developing floor and roof panels and larger prefabricated wall panels in off-site factories. For Dunbeg, MacLeod’s installed temporary factories to effectively allow off-site 4) DELIVERING THE PROGRAMME: MITIGATING RISKS AND RESOLVING DEVELOPMENT CONTSRAINTS Page 246
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manufacturing to take place close to the development site. This allowed for ‘just- in-time production of floors, roofs and other key components speeding up the project and ensuring greater quality control and consistency. Other benefits were having buildings made wind and watertight extremely quickly, reducing waste, and reducing costs by going to and from sites. In addition, the council part funded four modular homes built by the Wee House Company in Ulva Ferry. Each house is made of between four and six modules, depending on the size of the finished home, and 90% of construction was completed under factory conditions, meaning site preparations could be completed in tandem. It only took a matter of weeks from the modules being delivered to residents moving into the properties. The council and its partners will continue exploring and utilising technological solutions and modular construction methods if appropriate for the development. b) Rapidly changing economic landscape The HNDA published in 2021 included a range of scenarios such as: the worst-case scenario of severe demographic and economic decline in the short term; less severe and stabilising scenarios; to more optimistic growth scenarios; While the years following lockdown have resulted in increased population and higher house prices in Argyll and Bute the economic landscape is extremely volatile and uncertain. High energy costs, high inflation and higher interest rates could result in economic decline, and financial constraints leading to widespread unemployment and hardship with resultant loss of homes or tenancies. In this scenario, there would be a requirement for the safety net of affordable social rented properties to increase. However, on the other hand, if the behavioural shift in terms of more home-working and in-migration to remoter, rural and island havens continues, then that would also entail a requirement for increased affordable housing supply. What certain is the prioritisation framework underpinning the SHIP will need to respond to these changes. c) Development Constraints (such as infrastructure issues: roads, utilities, ground condition problems/ abnormal costs) - The core SHIP programme has always Page 247
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aimed to focus on sites that are not subject to significant development constraints, such as contaminated brownfield sites, designated greenbelt areas, or sites with restricted infrastructure capacity in terms of access roads or water supply. However, in certain instances within some highly pressured areas where a substantial shortfall in affordable housing is evidenced or in areas of wider strategic importance, it may be necessary to consider such sites in the absence of more practicable or easily progressed sites. Apart from the site constraint, there may be costs associated with carrying out remedial works, preliminary feasibility studies, or mitigating the potential impact on areas of archaeological significance or historic buildings, which further constrain on-site development. Mitigation may be aided by ensuring site investigation is carried out at early stages and seeking to ensure land values reflect any remediation costs. Regarding infrastructure constraints, such as Scottish Water connections/ capacity/ access, early discussions with the Utility companies will be initiated to address potential issues and achieve possible synergies in investment programmes. Where possible, abnormal costs should be deducted from the land purchase price, and unforeseen costs may be met from alternative sources such as the council’s Strategic Housing Fund, developer contributions, or other funding sources. The Housing Infrastructure Fund (HIF), in particular, has already proven to be a significant factor in supporting housing development in this authority through grants for sites which are of strategic importance and cannot proceed or have stalled due to exceptional infrastructure works (out with the curtilage of the development); and can help facilitate the unlocking of these sites for the delivery of housing. The council successfully prioritised the further development of Dunbeg, for instance, as a key site for delivery of housing utilising this fund and was awarded £2.1m in total, in line with the eligibility criteria and guidance set out by the Scottish Government. d) Effective Land Supply - The RSL land bank and available council-owned sites have now been depleted, and it may be that in the future land assembly will prove a significant challenge. A notable feature of a rural and island authority such as Argyll and Bute is the dominance of large estates in terms of land ownership in many areas exhibiting housing need. This can present additional challenges in respect of accessing and assembling suitable sites for development. Nevertheless, through collaborative efforts with planning colleagues, the council and National Park are confident that a “generous” supply of land for affordable housing continues to be sustained, as seen in the table below. Page 248
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TABLE 1: Land Supply within the Local Authority by Housing Administrative Area 2021-2026 Source: Housing Land Audit 2022. Occasionally, proposed projects are subject to complex or protracted negotiations with private owners and their agents, which can impact on the timing and ultimately on their deliverability. Therefore, effective liaison with the Scottish Government to prioritise projects and progress site acquisitions to enable projects to be pulled forward if required is essential. In addition, the impact of both the Council and National Park Affordable Housing Policies continues to prove valuable; there is an obvious need to sustain practical negotiations with landowners, Estates, private developers and others. Some RSL partners have, however, raised concerns that in the current climate, the application of the Council’s Affordable Housing Policy will make site development less attractive, and sites are only likely to be developed where there is pressure to secure a return in the short term. In the medium to long term, the private ownership of many sites in Argyll and Bute means that the Affordable Housing Policy will continue to have a definite role in securing a sufficient supply of affordable housing through developer contributions. Strategic engagement with local communities and agencies such as Highlands & Islands Enterprise to assess the potential use of Strategic Land Fund, where appropriate. Partners continue to carefully consider the timing and possible phasing of developments to make realistic assumptions on when affordable housing will proceed. We aim to ensure that a sufficient supply of sites has been identified to accommodate unforeseen project slippage and to ensure the spending of allocated funding. In situations where projects cannot be taken forward due to land supply issues, the council will consider a Compulsory Purchase Order (CPO) approach where there are compelling benefits to the public interest. Page 249
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e) Planning issues - Early discussions will continue to be prioritised with planning services (both Council & National Park) regarding road layouts/ car parking requirements, flood risk assessments, school catchment areas, and other possible issues. The provision of adequate footpaths adjacent to new developments, for instance, has been a particularly prominent issue in a number of recent SHIP projects. All of the development sites included in the SHIP programme should be effective given that they will, in most cases, require to be already allocated for housing development in the relevant local development plans. Many of the sites identified in the SHIP are of relatively small capacity. The costs associated with progressing smaller sites in the more remote rural areas are likely to be higher if developed as standalone projects. However, it is envisaged that where SHIP sites form part of a larger allocation identified in the LDP/ LDP2, through partnership working with private developers on adjacent sites, the risk of such sites not being developed on cost grounds will be reduced. RSLs in Argyll and Bute have recently made significant progress in delivering alternative tenures such as shared equity units. The future provision for tenures other than social rent will require detailed business plans and must reflect a robust and credible assessment of local needs before approval. The council intends to evaluate the impact of these projects to inform the future programme. The council is keen to encourage and support alternative, intermediate tenures when appropriate, to enhance the housing mix and to increase the range of potential housing options. The three primary funding sources for the SHIP remain as follows: a) Scottish Government Grant (the Affordable Housing Supply Programme – AHSP) b) Council grant or long-term loan (the Argyll & Bute Strategic Housing Fund – SHF; which may be supplemented from Council central reserves) c) Registered Social Landlord (RSL) Private Finance Borrowing The majority of developments will require a complex package of funding from at least all of these sources (additional investment from other sources may also be required – some of these are outlined below). a) Scottish Government Resource Planning Assumptions (RPAs) In July 2021, the Scottish Government confirmed local authorities’ RPAs up to 2025/26 however the current SHIP runs until 2027/28. The Scottish Government have not yet agreed the RPA for years four (2026/27) and five (2027/28) of the SHIP programme. To address this the council has agreed to an assumed RPA for these later years however it is important to note that the figures for 2026/27 and 2027/2028 are not a formal definitive allocation. 5) RESOURCING THE PROGRAMME & THE COUNCIL’S CONTRIBUTION Page 250
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TABLE 2: RESOURCE PLANNING ASSUMPTIONS (RPA) 2023- 2028 (£m) Argyll & Bute 2023/24 2024/25 2025/26 2026/27 2027/28 Total Minimum RPA £18.264 £18.328 £18.632 £18.632*5 18.632*5 £92.488 Source: Scottish Government Letter to Councils – AHSP RPA 2021-26, July 2021 The actual AHSP spend in 2021/22 was lower than the original RPA for that year, due in part to the impact of Covid 19 on the delivery of the programme and the difficulties of obtaining labour and materials, however spend for the previous year exceeded the nominal RPA, and over a five year planning period we would expect spend to balance out. The council will continue encouraging RSLs/developers to maximise funding opportunities and utilise the available RPA as much as possible. This might include increasing off-the-shelf / buy-back acquisitions, land banking in areas of identified need or designated future economic growth spots. b) The Council’s Contribution – The Strategic Housing Fund (SHF) Resourcing the SHIP programme also requires a significant contribution from the council’s Strategic Housing Fund (SHF). This fund is primarily based on the revenue raised from reduced tax discounts on empty and second homes. Where local authorities have used discretionary powers and reduced the empty and second homes tax discounts, the additional revenue must be used to support affordable housing delivery in their areas. In addition, since 2013, local authorities have had the flexibility to remove the discount and apply a levy of up to 100% on long-term empty properties. These revenues are not ring-fenced, although their use to bring long-term empty properties back into use, or to support affordable housing provision, is encouraged by the Scottish Government. Since 2007, the SHF in Argyll and Bute has been used for the following eligible expenditure: Expenditure incurred in relation to assets formally held on the Housing Revenue Account; Expenditure relating to the acquisition of sites for the landbank; Expenditure related to the delivery of the Empty Homes Initiative; Payments to enhance infrastructure where this is restricting the development of affordable housing; Payments to registered social landlords (RSLs) to partially fund proposed projects to deliver homes in accordance with the local housing strategy. Since April 2016, the council has provided grant funding of £12k per unit to supplement the Scottish Government grant; Following the council’s annual policy review of the Strategic Housing Fund in 2018, a potential grant payment of £12k per unit and in some cases more than this is able to be awarded to community bodies, which have been awarded Scottish Government support from the Rural or Island Housing funds, to deliver affordable homes. Awards greater than £12K may be awarded in certain instances to ensure the deliverability of projects with particular challenges however this will be decided on a case by case basis 5 * These figures are based on previous years’ allocation, and they are not formal definitive allocations. Page 251
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In 2021/22 the income generated for the Strategic Housing Fund amounted to £2.143m and total expenditure that year was £2.672m on the following projects: £48,000 – Kirk Rd, Dunbeg £1,827,197 – Dunbeg Phase 3 £120,000 – Craighouse, Isle of Jura £72,000 – North West Mull Community Woodland Co The balance of this fund as of 31st March 2022 was £9.470m, of which £1.173m was already committed, and £8.297m was available to fund the SHIP programme. It is anticipated that the SHF will continue to accrue annual revenue in the order of £2m over the SHIP planning period. TABLE 3: Argyll & Bute Council Strategic Housing Fund, balance as of March 2022 Income 2021/22 Expenditure 2021/22 Balance March 2022 Committed Spend Available to support SHIP £2.142m £2.672m £9.470m £1.173m £8.297m An indicative minimum estimate of circa £12.4 m would be required to support the core projects outlined in this SHIP (£12k x 1036 units), In addition, the council has also used its financial reserves on occasion to advance long-term loans to support RSL projects, and this commitment is subject to ongoing review. The council reviewed the Strategic Housing Fund policy in 2018/19. A further comprehensive audit was carried out in 2019/20 to ensure that this resource continues to complement Scottish Government priorities for Housing Beyond 2021. The findings from the internal audit reported in 2021and are as follows: the SHF is being spent appropriately in compliance with legislation and national guidance and is having a positive impact on the delivery of housing across Argyll and Bute. the council is achieving value for money from the SHF with a strong partnership working in a place with RSLs and the Scottish Government. there is benefit in extending the SHF to community groups; however, this requires proper due diligence to safeguard against the enhanced risk of projects not being delivered. The above demonstrates that the appraisal of the process and policies underpinning the SHF was positive. c) RSL’s Private Finance Borrowing Banks and other lenders in the private sector also remain vitally important partners in the delivery of affordable housing. RSLs are required to demonstrate that sufficient borrowing capacity or reserves exist to ensure the delivery of the proposed development programme. Following a period of restrictive lending, with greater scrutiny of projects, higher lending rates and the requirement for additional security from existing stock, which often resulted in RSLs being forced to use their own reserves rather than borrow under such conditions; last year RSLs were reporting positive improvements in their potential to access private finance, and at a national Page 252
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level the sector continues to explore innovative funding models. The impact of rising interest rates on RSLs’ ability to borrow will have to be kept under review. Figure 1 depicts SHIP investment for completed projects. It is important to note that Dunbeg is not included in the figures as the project is not completed; however, 115 units were completed as of 31st March 2022. Proportionately this would equate to £24 million of investment. Private finance was used to support the following completed SHIP projects in 2021/22: Kirk Road Dunbeg £80,681 Cairndow £364,500 Garelochhead £649,714 Imereval Phase 3 £270,000 Private finance equated to £1.36 million or 31% of the total investment for these projects. The revenue from the New Supply Shared Equity (NSSE) schemes provided additional investment to support the SHIP programme. Total investment from all sources for all SHIP projects completed in 2021/22 amounted to £4.338m. An additional £24 million of investment was allocated to Dunbeg equating to £28.338 million of investment in 2021/22 FIGURE 1: Completed SHIP projects 2021/22 by funding source Source: Council/RSL Records 2021/22 Housing Infrastructure Fund (HIF) The Housing Infrastructure Fund supports housing development through grants and loans, with priority given to sites of strategic importance that cannot proceed or have stalled due to infrastructure requirements. Grant is available to local authorities and RSLs for works which are out with the curtilage of the affordable housing site and/or of scale and will open up larger sites for housing development. Loans are available for viable non-public sector-led sites to support infrastructure delivery. The council’s main priority for HIF funding is the Dunbeg development in the Lorn HMA. As reported in previous SHIPs, the Scottish Government awarded a Housing Infrastructure Fund grant amounting to £2,129,247 for upgrade works to Kirk Road to enable the development of 300 new affordable homes to commence. This remains a significant priority for the council, Link and West Highland Housing Association are working in partnership to deliver the project. While the infrastructure issues have been addressed, the impact of Covid-19 in 2020/21 and 2021/22 meant that the £2,468,000 £336,000 £1,360,000 £174,000 Scottish Government AHSP Council SHF RSL/Developer Other Page 253
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completion of all 300 units has been delayed and consequently, the final units may not be fully delivered until 2023. While the Scottish Government has confirmed that the HIF will be extended post- 2021, there is no guarantee that Argyll and Bute will receive further awards from this source; nevertheless, the council and RSL partners will continue to propose potential projects within the SHIP that could benefit from HIF investment. In August 2022, we will have 3 HIF projects in Argyll at an estimated cost of £ 5 million. These could include the following: - TABLE 4: SHIP Projects with potential HIF requirements, as of August 2022 Project RSL Total Units Estimated HIF Requirement Glencruitten, Oban LINK 100 (tbc) £0.72m Hospital Field, Oban LINK 50 £2.0m Dunbeg Phases 4-6 LINK 150 £2.5m Rural and Islands Housing Funds (R&IHF) The Scottish Government established a £25 million Rural Housing Fund and a £5 million Islands Housing Fund, which ran to 2021. Both funds aimed to increase the supply of affordable housing of all tenures in rural Scotland and contribute to the national affordable homes targets. In 2020, Mull & Iona Community Trust was awarded £777,855 from the Rural Housing Fund. The project was completed in 2021 and provided four new homes in Ulva Ferry on Mull. In 2021 three communities in Argyll and Bute received funding from the Rural/ Islands Housing Fund. North West Mull Community Woodland gained approval for six homes on the Isle of Ulva The Glengorm Farming Partnership obtained approval for five homes in Tobermory The Colonsay Community Development Company secured funding to provide six homes in Scalasaig on the Isle of Colonsay. The Scottish Land Fund The Scottish Land Fund (SLF) provided support to housing projects in: Colonsay Community Development Company, with a grant award of £390k to meet site acquisition costs for a mixed-tenure affordable housing project on the island. Additional funding contributions have been secured from the Council’s Strategic Housing Fund and Highlands & Islands Enterprise. Ulva community-acquired ownership of the island with an award of £2m, and the community obtained approval in 2021 from the Islands Housing Fund to finance six homes on Ulva. Pennyghael, which entailed carrying out extensive renovations to an existing property. The council also contributed financially to this project which was completed in 2021. Page 254
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Rural Growth Deal The RGD equates to £50m of investment. Two projects are being taken forward, one in Bowmore on Islay and one in Tobermory on the Isle of Mull. These projects will provide housing for key workers. Developer Contributions Argyll and Bute falls within the purview of two planning authorities: while the council covers most of the mainland and islands, Loch Lomond & Trossachs National Park is the planning authority for parts of Cowal and Lomond. Both authorities have set out formal Affordable Housing Policies in their respective Local Development Plans. These policies outline mechanisms and options to secure developer contributions where there is a demonstrated need for affordable housing. The council’s current policy was adopted in supplementary guidance to the LDP in March 2016. It required that out with specified housing allocations and Potential Development Areas (PDAs), new private developments proposing eight or more homes should deliver a minimum of 25% affordable housing units. Given the revised and reinforced strategic vision of growth and repopulation for the whole of Argyll and Bute, it is likely that the affordable housing policy will be applied presumptively across all HMAs. Developer contributions can be delivered by a variety of means, including social rented housing, mid-market rented housing, payment of commuted sums and also the building of houses/apartments designed to meet the needs of first-time buyers (provided these are available at affordable levels as defined by the council’s HNDA and with reference to the relevant local housing market). The sequential mechanisms for securing Affordable Housing via the policy are applied in the following order: on-site provision; off-site provision; commuted payment; discounted low-cost sale; affordability by design without subsidy. To date, no commuted sums have been received, and the preferred approach has been to engage with an RSL to deliver the affordable quota on site. The National Park policy follows a similar approach, with a requirement for 25%, 33% or 50% affordable provision on sites of 4 or more units depending on the location. Sites of up to 3 units in accessible rural areas may also have a policy requirement under certain circumstances. A formal policy for calculating commuted sums has been established but again, little or no payments have been received. The delivery of unsubsidised affordable housing for purchase via the Affordable Housing Policy, but without Scottish Government funding, will normally target a different client group and requires close working between Housing Services and Planning colleagues to ensure these models are in fact affordable in accordance with the LHS and SHIP priorities. Page 255
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Other Initiatives The council will also continue to explore and, where appropriate, promote non-AHSP financing models such as Build-to-Rent, Low-cost Initiative for First Time Buyers (LIFT), and Open Market Shared Equity (OMSE), which may fall out with the remit of the SHIP. Supporting empty homeowners to take action to bring properties back into use remains a priority for the council as this will help to maximise the use of existing resources to meet housing need; contribute to number of the council’s wider strategic objectives; and provide cross-service benefits both within the council and with external partners. The council funds an Empty Homes Officer post and the officer can support owners with a range of practical options to assist them make informed choices about the best outcome for them and their property. During 2021/22 the Empty Homes Officers assisted in bringing 38 empty homes back into use which was 27% above target. Over the last 5 years, the council’s approach has enabled owners to bring a total of 217 vacant properties back into use against a baseline target of 125. The length of time that properties had remained empty prior to being brought back into use varies, the average is between 2-5 years, with the longest empty from 2003. TABLE 5: Length of time a property had been empty before being brought back into use in 2021/22 Duration as Empty No of Empty Homes less than a year 7 between 1-2 years 8 between 2-5 years 14 between 5-10 years 8 longer than 10 years 1 Total 38 Over the last five years, according to the Council Tax Register, the number of long- term empty properties has increased by 5% while the number of second/holiday homes declined by almost 10%, and the total dwelling stock increased overall by 2.6%. 6) Empty Homes Page 256
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TABLE 6: Estimated Ineffective Stock Argyll and Bute 2017-2022 Council Tax Register 2018 2019 2020 2021 2022 % change 2018- 2022 All properties 48,014 48,906 48,285 48,166 48,570 1% 2nd /holiday homes 2,998 2,939 2,881 2,689 2,821 -6% Long-term empty 1,218 1,479 1,363 1,230 1,135 -7% No of long term empty subject to double charge (200% levy) 762 586 644 644 640 -16% Long-term empty homes as % of total 2.54% 3.02% 2.82% 2.55% 2.33% Empty + 2nd /holiday homes as % of total 8.78% 9.03% 8.79% 8.14% 8.14% Source: Council Tax Register Compulsory Purchase Orders (CPOs) The use of Compulsory Purchase Orders legislative powers allow councils to acquire empty homes under certain circumstances and subject to specific conditions. The Scottish Government refreshed the guidance in 2018, which has refined the legal process and made it less complex and time-consuming for local authorities to submit an application to Ministers for consideration. Whilst the CPO has historically been considered a last resort and has not been standard practice, it is the council’s view that these powers do have a strategic role to play and could be used more effectively where there are no other practical solutions to address the issues of the most problematic buildings in the area. This has been reinforced by feedback to the LHS early engagement consultation: when local residents and community groups were asked to rank the top housing challenges currently facing Argyll & Bute, 38% of respondents highlighted the impact of empty properties and second/holiday homes, making it the third highest issue among the local population. CPO powers were successfully utilised in 2019, to acquire an empty property that had no legal owner. The council then facilitated back-to-back sale to enable the property to be brought back into use. Without legal intervention the property would have remained empty indefinitely having a detrimental and financial impact on the other owners in the tenement. A CPO policy and process will be incorporated into our empty homes policy as an action for this LHS, targeting resources to the most difficult cases where there are no alternative options to bring them back into use. In line with the Child Poverty (Scotland) Act 2017, the council, together with the Health Board, produces on an annual basis the Argyll & Bute Local Child Poverty Action Report (LCPAR). This report sets out progress against the four statutory, income-based targets, to be achieved by 2030. These targets are: Less than 10% of children are in relative poverty Less than 5% of children are in absolute poverty Less than 5% of children are in combined low income and material deprivation Less than 5% of children are in persistent poverty 7) CHILD POVERTY AND FUEL POVERTY Page 257
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The Scottish Government’s Delivery Plan for tackling child poverty ‘Bright Start, Bright Futures’ places the tackling of child poverty at the heart of the Affordable Housing Supply Programme. Bright Start Bright Futures states: “Housing has a vital role to play in tackling child poverty; it forms not only the foundation for family life – as a safe place for children to grow and learn, and for families to come together – but it also one of the most significant costs which families must continue to meet on an ongoing basis. If families lose their home, the effects can be devastating – and cause lasting damage to children’s lives.” In the future the SHIP and LHS monitoring arrangements will more robustly collate and analyse data on outputs in relation to impacts for children and families Research suggests that living in temporary or insecure housing negatively impacts children’s development and education, locking them into a cycle of poverty. Therefore it is vitally important to provide homeless families with children permanent accommodation. The council and its partners have substantially reduced the number of homeless families with children in temporary housing. Table 7 shows that both the number of households and the numbers of children in temporary accommodation fell last year, and both measures are substantially lower last year than in 2018. Page 258
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TABLE 7: Number of homeless households and the number of children in temporary accommodation HOMELESS STATISTICS 21/22 2018 2019 2020 2021 2022 Change 2021 to 2022 Number Change 2021 to 2022 % Households with children or a pregnant woman in temporary accommodation 35 30 25 30 25 -5 -17% Number of children in temporary accommodation 85 65 55 60 45 -15 -25% Source: “Homelessness in Scotland: 2021-22” August 2022 Although the numbers of homeless children or children threatened with homelessness within Argyll and Bute increased slightly between 2020/21 to 2021/22, the general trend has reduced from 267 children in 2017/18 to 166 in 2021/22. However, the Cost of Living Crisis could reverse this trend as wages are not keeping track with inflation resulting in families paying exorbitant amounts for food and energy. This, coupled with higher interest rates, will mean, for some, higher mortgage payments or private landlords passing on increased mortgage costs to their tenants. The consequences of energy, food, accommodation as well as many other products all costing substantially more will mean many families will be unable to finance the necessities and for some this may result in them becoming homeless. Therefore, having an adequate supply of affordable housing is more important than ever. TABLE 8: Number of children associated with applications assessed as homeless or threatened with homelessness Local Authority 2017- 18 2018- 19 2019- 20 2020- 21 2021- 22 Change Change 20-21 to 21-22 20-21 to 21-22 Number % Argyll & Bute 267 164 153 161 166 5 3% Source: “Homelessness in Scotland: 2021-22” August 2022 In 2021/22, the HOMEArgyll RSLs rehoused 289 households who had at least one household member under16 years of age. This equated to 467 children housed in 2021/22 which was 39% of the total lets that year. Although housing 467 children last year was a considerable achievement, as of August 2022, there were 945 applicants around a third (30%) of the waiting list, with a household members under 16 waiting to be housed. This equates to 1,807 children currently on the housing waiting list. Some of these households (121) have been awarded the maximum 200 points and are deemed to be in extreme housing need and hence will be a priority for rehousing. However, not all families with children will receive priority assistance for rehousing, with 201 applicants with children not being awarded any housing points under the allocations policy. The Child Rights and Wellbeing Impact Assessment (see section 14) undertaken as part of the LHS process highlighted the negative impact on educational attainment of Page 259
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children living in overcrowded accommodation. As of August 2022, 459 households with children under 16 years of age are overcrowded. Bright Starts Bright Futures identified families with more than three children are one of the six family types at greatest risk of poverty. There were 139 applicants with children equating to 14.7% of HomeArgyll waiting list who required a larger family home (4 or more bedrooms). The SHIP housing planning process will place additional focus on housing those with a need for a particular size of property in a specific location. This approach will ensure that larger family homes are delivered where they are required. This may including RSLs purchasing appropriate ‘off the shelf’ properties’ (see section 11). TABLE 9: Minimum number of bedrooms required by families on the HomeArgyll waiting list 2022 HOMEARGYLL WAITING LIST AUG. 2022 1 bed*6 2 beds 3beds 4 beds 5 + beds TOTAL Number of Applicants (with members under 16) 2 477 327 99 40 945 as % of total 0.2% 50.5% 34.6% 10.5% 4.2% 100.0% Source: HomeArgyll waiting list August 2022. There is a need for the SHIP programme to prioritise delivering family housing as the average time for families with children to be housed is 92 weeks (compared to 100 weeks for households without children). In most families housing and energy costs are the largest financial outgoing. The SHIP not only provides access to affordable homes for families living on low incomes but it also provides energy efficient homes. In the current economic climate, energy costs are unprecedentedly high, making it more important than ever to reduce the amount of energy needed to keep a home warm. Therefore, the council will ensure that 100% of the SHIP programme will meet the green standards. Promoting energy efficiency and tackling fuel poverty remain strategic priorities for the LHS and key commitments for the council; and maximising opportunities for sustainability in development remains a key principle underpinning the SHIP. As with all public bodies, this council is also required to meet its statutory duties arising from the Climate Change (Scotland) Act 2009, and the LHS and SHIP have been developed to ensure that the provision of new affordable housing complies with the Act; and that all housing activities and outputs should contribute to the overarching net zero targets and principles. One example of a project which embraced the net zero ambitions was the Passivhaus scheme completed in 2021/22 in Garelochhead. 6 * These figures are based on minimum bedroom sizes required. Page 260
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The SHIP aims to address the housing needs of all the communities we serve and continues to reflect a positive approach to equalities issues in line with the policies of the council and its partners, and the principles of diversity and inclusion in accordance with the Equality Act 2010. The HNDA (2021) provides robust evidence of accommodation and support needs across the range of protected equalities characteristics, and these have been translated into the SHIP priorities. The joint Argyll and Bute Health, Care & Housing Needs Assessment, completed in 2018, provided supporting evidence of the requirements for wheelchair accommodation, supported housing, and other forms of specialist provision. In 2019/20, the council undertook further specific studies on the need and demand for specialist provision for wheelchair users, gypsy/travellers, military personnel and veterans, and persons who are autistic or have learning disabilities. The findings have informed the 2021 HNDA and the revised LHS which was published in 2022. An equalities impact assessment (eqseia) was undertaken during the development of the LHS, and this will inform the SHIP. All SHIP projects, seeking public subsidy from the Council or Scottish Government, are required to meet basic design and building standards (of the Housing for Varying Needs Standard as a minimum) and should incorporate adequate provision to meet any additional identified particular needs. Prioritisation of projects will give due weight to those which incorporate elements of design or additional specifications for specialist forms of housing where the local profile of need and demand indicates such a requirement. The committed and planned programme include provision for elderly and disabled residents and through the close partnership working with Health & Social Work, including Occupational Therapists, the SHIP will continue to ensure the strategic aims of the LHS in this respect are carried forward. In particular, the post of dedicated Housing OT which was established in October 2018 to co-ordinate and promote these needs through the SHIP group, was made permanent in 2021, funded in full by the council Housing Services but working very closely with RSLs and the HSCP. In practice, this commitment to equalities principles will ensure: building all new affordable housing to HfVN Standards; implementing design solutions which help to meet the needs of disabled and infirm households; assessing and seeking to resolve the needs and aspirations of households with community care needs in partnership; developing communities with a good mix of households; allocating housing via HOME Argyll and national RSL partners who have strong commitments to equal opportunities; and providing affordable housing in rural areas which enables young and old people to remain within their communities. Housing for Varying Needs (HfVNs) is a Design Guide published in two volumes (Parts 1 and 2). While not mandatory, the standards outlined in the guide have been used as the basis for standards for housing developments seeking grant funding support. The standards are intended to ensure that the housing is accessible, adaptable for different 8) SPECIALIST PROVISION INCLUDING WHEELCHAIR HABITABLE HOUSING Page 261
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needs and over its lifetime represents good value for money. They are based on the principle that the design of a property should not hinder a person’s ability to live as independently as possible and should recognise the needs of people as they age, become less able or whose mobility, dexterity, cognitive function, hearing or sight is impaired. The idea of designing all housing to accommodate the needs of less able people is known as “barrier free” design and this is reflected in the core guidance of the design guide; but the guide also recognises that barrier free design in itself is not a substitute for homes designed specifically for people with particular needs so it identifies additional features that should be included to address these needs. Analysis of the HOMEArgyll Common Housing Register in 2022 suggests that around 4% of applicants could benefit from some form of specialist provision. Three percent (93) applicants requested wheelchair accessible accommodation; although 55 of these applicants also select some other form of accommodation, including general needs/ mainstream housing. Only 38 applicants only selected wheelchair housing. Applicants requesting wheelchair provision required homes with the following number of bedrooms: 48 (52%) of wheelchair applicants required a 1 bedrooms 26 (28%) of wheelchair applicants required 2 bedrooms 11 (12%) of wheelchair applicants required 3 bedrooms 8 (9%) of wheelchair applicants required 4+ bedrooms The Health, Care & Housing Needs Assessment (2018) identified the following key points:- Correlating the data sources may suggest that a majority of wheelchair users are satisfactorily housed or do not aspire to social rented properties. However, some wheelchair users who could benefit from suitable, specialist provision in the social rented sector may not apply due to lack of awareness or misperceptions regarding the suitability and availability of stock. This was identified as a key area for further research and analysis, and in 2019/20 an in-house study completed jointly by the council’s strategy team and the Housing OT. A key finding of this study, collated with national research, is that wheelchair users and those who might benefit from wheelchair accommodation are not a homogenous group. Hence, a variety of housing solutions are required. Solutions such as aids and adaptations or support services will have a crucial role to play, nevertheless, the SHIP will continue to require a target of 10% of the new build programme to provide some form of specialist provision (to include retirement Around 350 wheelchairs are issued each year to people in Argyll & Bute The majority of wheelchairs issued are manual chairs Over 1,300 people in Argyll and Bute have wheelchairs on issue 55% of people with wheelchairs are aged 75+ Up to 280 people a year may be new wheelchair users There could be 240 additional people needing wheelchairs by 2027 The most common reason for a wheelchair is cerebrovascular disease (stroke) but the main reasons for wheelchair vary by age with Cerebral palsy being the most common reason in people under 25. Page 262
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housing, amenity housing, and other specially adapted properties); and within that, half (i.e. 5% of the total new builds) should be built to the fully wheelchair habitable standard as defined in the relevant Section of the current HfVN standards guidance. In 2021/22 there were a total of 22 affordable homes designed for particular needs delivered within the SHIP programme, amounting to 15% of the year’s total, which exceeds the annual target of 10% overall (5% wheelchair and 5% other models of specialist provision, excluding adaptations to existing stock). The new build units included 13 wheelchair accessible homes (9% of total) and 9 amenity/older person units (6%). This is an enormous achievement and a vast improvement on provision in the previous two years where 8 units were delivered (7 in one year and 1 in the following year). As far as possible, the wheelchair housing targets will also be encouraged within the private sector, across all tenures, on all developments where this would be appropriate. The SHIP Officers Group and the Strategic Housing Forum approved this policy with immediate effect in 2020. RSL partners also continue to explore with the HSCP requirements for extra care provision and possible new housing models for people being housed in the community which is in accordance with the HSCP aspiration to enable those with additional needs to live as independently as possible. The council will strive to incorporate housing models which promote independent living within the SHIP programme as it rolls forward. Argyll and Bute Council continues to support the Scottish Government’s commitment to improve the lives of our Gypsy/Traveller communities; and to prioritise joint working with ACHA (who own and manage the two official, operational, Travelling Person sites in Argyll and Bute) and other stakeholders to drive forward positive improvements for this client group. The council continues to allocate ACHA an annual grant from the Strategic Housing Fund as a contribution towards the operation and maintenance of the two remaining Travelling Persons Sites at Bayview near Oban, and Duncholgan near Lochgilphead. A Minute of Agreement set up at the point of stock transfer in 2006 set the sum at £30k plus annual indexation. In 2018, the sum payable was reduced to reflect the withdrawal of the Torlochan site near Dunoon, which was deemed to be surplus to requirements due to the lack of demand. Recent council investment in the official sites is summarised below: TABLE 10: ACHA Gypsy/Traveller Sites – Annual Council Funding Year 2017/18 2018/19 2019/20 2020/21 2021/2022 5 year Total Grant £41,228 £31,001 £28,939 £29,338 £31,639 £162,145 As part of the comprehensive refresh of the Housing Need and Demand Assessment for Argyll and Bute, the council carried out a dedicated study to assess the accommodation and support needs of Gypsy/ Travellers in the area. This included an assessment of any “bricks and mortar” mainstream accommodation that may be required. The study has involved extensive primary engagement with 9) GYPSY/TRAVELLER SITES Page 263
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Gypsy/Travellers and their representatives; and this work has informed the development of the latest LHS for Argyll and Bute. ACHA secured £108k from the Scottish Government’s Capital Fund for Improving Gypsy/Traveller Sites. This was invested during 2021/22 to make interim improvements to both official sites at Bayview (near Oban) and Duncholgan (near Lochgilphead). ACHA are hoping to secure further funding to improve Gypsy/Traveller sites. Scottish Ministers have made an ongoing commitment to end homelessness in Scotland and consequently set up a national Homelessness and Rough Sleeping Action Group (HARSAG) to bring forward recommendations to address this. A key proposal was that each local authority should develop a Rapid Rehousing Transition Plan (RRTP) by December 2018, covering a 5-year period, or longer if required, to enable the implementation of this new approach. The RRTP maximises prevention and sets out the council’s approach to minimise the time a household remains homeless and to ensure that they can access appropriate suitable accommodation as soon as possible. Local Rapid Rehousing Transition Plans should be reflected in the LHS and also be fully integrated into Health & Social Care Partnership strategic plans. The Argyll and Bute RRTP has consequently been included in the current Housing Contribution Statement to ensure it forms part of the planning framework. This SHIP’s strategic housing priorities are aligned and consistent with the proposed RRTP priorities and outcomes. A crucial objective is to facilitate and deliver more affordable housing via the SHIP. In the report “Scotland’s transition to rapid rehousing”, produced by the Indigo Group on behalf of the Scottish Government’s HARSAG in June 2018, two specific recommendations were made in relation to the SHIP: Rapid Rehousing Transition Plans could be seen as an integral part of the SHIPs, and should be annually reviewed as part of the SHIP process The Scottish Government and Scottish Housing Regulator should improve data collection from local authorities or housing associations on completions and lettings relative to housing need. With this in mind, Argyll and Bute Council continues to liaise with RSL partners and other key stakeholders to develop and implement the RRTP; and will aim to ensure that homelessness remains a critical factor in the SHIP process. This includes homelessness as one criterion for assessing need, prioritising projects, and awarding grants from the Strategic Housing Fund. SHIP projects are expected to contribute directly or indirectly to alleviating homelessness across Argyll and Bute (for example, as a result of direct allocations or via consequential lets to existing properties freed up on transfer of occupants to new build properties). The performance of developing landlords in respect of the proportion of allocations to homeless households and time taken to rehouse these clients will continue to be 10) HOMELESSNESS/ RAPID REHOUSING TRANSITION PLANS & RAPID REHOUSING TRANSITION PLANS Page 264
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material considerations in SHIP programming decisions and resource allocation moving forward. During 2021/22 Rapid Rehousing Funding of £241,496 was utilised to progress the transition of Rapid Rehousing and Housing First in Argyll and Bute. The RRTP budget allocation for 2022/23 is £111,570, which is significantly less than the previous year. In 2022 Argyll and Bute Council agreed a statement (Annex 1) with the Scottish Government which would provide a streamlined approach for any acquisition for secondhand stock where the work costs do not exceed £75,000 of ASHP grant. This approach could increase the supply of affordable housing especially for priority property types and sizes in areas of high demand (particularly where stock has historically been depleted through Right to Buy). The Millknowe project in the previous SHIP is an example of a buy-back property converted into a dementia friendly home. This SHIP could use AHSP funding to purchase existing properties for people with particular needs or for large families. Whether this approach should be used will be assessed on a case-by-case basis. RSLs are currently considering the viability of private acquisitions in areas of the local authority where there is identified need and demand. Off-the-shelf purchases- While it is expected that the majority of homes will be delivered through the SHIP occasionally, the most appropriate approach to meeting particular needs may be best satisfied by an ‘off the shelf’ purchase from developers. These will be considered on a case-by-case basis. SHIP 2017/18 to 2022/23: Building on the 305 units completed between 2017/18 and 2019/20, there were a further 143 units completed in 2021/22; bringing the five-year cumulative total to 448 affordable home. The equates to 81% of the Housing Supply Target outlined in the previous LHS considerably higher numbers would have been completed by Covid lockdowns shut down sites even when site were allowed to reopen there were considerable restrictions on workforce numbers allowed on site resulting in slippage. However, given the extremely challenging conditions of 2020/21 and 2022/23, resulting from the pandemic and the resultant supply chain issues this is very positive outcome. 11) BUYBACKS, SECOND-HAND ACQUISITIONS AND OFF SHELF 12) UPDATE FROM THE PREVIOUS SHIP Over the last five years 448 affordable homes have been created in Argyll and Bute. Page 265
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TABLE 11: SHIP New Build Homes by HMA & Project, 2021/22 Housing Market Area Projects Completions % of total Cowal Cairndow (Fyne Homes) 6 4% Lorn Kirk Road (Dunbeg) (WHHA) 4 3% Dunbeg phase 3 (Link) 115 80% Helensburgh and Lomond Garelochhead (ACHA) 10 7% Islay, Jura and Colonsay Imereval Phase 3 (WHHA) 8 6% TOTAL 143 100% Four of the local RSLs contributed to the total programme. ACHA delivered 10 of the new builds; Fyne Homes provided 6; West Highland completed 4; and Link completed 115 (This is partial completion of 300 units for Dunbeg Phase 3, with the remaining units to be completed by 2023). In terms of tenure, 2 units (1.4%) were for shared equity. The current year, 2022/23, is covered by the Strategic Local Programme Agreement (SLPA) between the council, the Scottish Government, and the developing RSLs, and the previous SHIP (approved in 2021); while this new SHIP will commence from 2023/24. The programme is subject to ongoing change as either barriers to progress or windfall opportunities arise. Consequently, the following tables simply summarise all proposals at the time of writing (August 2022), including those projects which were expected to complete in 2022/23 and for which funding has already been drawn down. It should be noted that the status of many future projects, particularly in the later years, remains provisional and purely indicative at this stage; some may not proceed, or complete, within the timescale. However there is also scope for additional proposals to be brought forward or included in the programme. Further details of the programme and individual projects are outlined in the electronic reports recorded on the Scottish Government’s Housing and Regeneration Programme (HARP) system. TABLE 12: SHIP Projects Completions/Anticipated Completions in 2022/23 Project address Developer Units Anticipated Completion Date Inveraray Phase 2 ACHA 10 Completed June 2022 Tarbert Phase 2 ACHA 4 Nov 2022 Millknowe Campbeltown ACHA 2 September 2022 Tom-A-Mhoid Road Dunoon FYNE HOMES 1 March 2023 Dunbeg Phase 3 (remaining units) LINK 185 March 2023 Sawmillfields Helensburgh Wheatley Group 36 March 2023 Jura (Craighouse) WHHA 10 Completed July 2022 Argyll & Bute 2022/23 Total Completions (est.) 248 March 2023 13) THE REVISED PROGRAMME Page 266
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If this programme is successfully delivered in full within the planning period (plus completions in 2022/23), it could provide over 1,204 new affordable homes across Argyll and Bute by March 2028. Projects islands account for 17% of houses to be developed by the SHIP the rural mainland accounts for 18% of the programme; while 51% of units are in the key strategic settlements of Oban and Dunbeg; 10% in Helensburgh; with 3% in the other main towns of Dunoon, Campbeltown and Lochgilphead. There is an expectation that the majority of these units will be built to allow for future adaptation to meet changing needs over time; and in addition approximately 10% (i.e. 120 units, if the above programme is delivered in full) should be purpose-designed to medium or high dependency standards with potentially 60 of those units (5% of the total) being fully wheelchair accessible. However, the council is currently in ongoing discussions with the HSCP to review and explore potential housing models to meet the HSCP objective for enabling independent living. In addition to this core programme, a number of other potential proposals are being developed for further consideration in later years of the SHIP, subject to robust assessments of need and demand, site assembly or acquisition, and available funding. Some of these projects therefore remain notional at this stage or are subject to development constraints that require to be addressed/ mitigated before they can proceed. These projects are also dependent on clarification of local need or potential demand to support growth and recovery agendas; and will be considered in future updates of the SHIP. The council will also continue to actively explore other sites and projects out with the core SHIP funding programme, as outlined in previous sections of this plan, where these are consistent with LDP policy/housing land provisions and align with high quality fit-for-purpose assessments of local housing need and demand. Page 267
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TABLE 13: SHIP Core Programme - Potential Completions by March 2028 Project address Developer Units Anticipated Completion1 Bowmore Phase 4 ACHA 18 Year 1 (23/24) Eton Avenue Dunoon ACHA 4 Year 1 (23/24) North Connel - Phase 2 ACHA 2 Year 2 (24/25) Tighcargaman Port Ellen ACHA 20 Year 2 (24/25) Dalintober ACHA 25 Year 2 (24/25) Tarbert ACHA 15 Year 2 (24/25) Tarbert ACHA 15 Year 3 (25/26) Coll ACHA 10 Year 2 (24/25) Keils ACHA 4 Year 4 (25/26) Jeanie Deans Helensburgh DUNBRITTON HA 12 Year 1(23/24) Helensburgh Golf Club DUNBRITTON HA 62 Year 1 (23/24) 18th Tee, Helensburgh DUNBRITTON HA 16 Year 1 (23/24) Cardross DUNBRITTON HA 37 Year 3 (25/26) Succoth Phase 2, Arrochar DUNBRITTON HA 12 Year 4 (26/27) Lochgilphead Riverside Drive Baddens FYNE HOMES 6 Year 1 (23/24) Inveraray Phase 1 FYNE HOMES 16 Year 1 (23/24) Ballochgoy Rothesay FYNE HOMES 10 Year 1 (23/24) Rothesay Academy Phase 1 FYNE HOMES 30 Year 2 (24/25) Inveraray Phase 2 FYNE HOMES 10 Year 2 (24/25) Rothesay Academy Phase 2 FYNE HOMES 20 Year 4 (26/27) Cairndow Phase 2 FYNE HOMES 4 Year 5 (27/28) Tighnabruaich Phase 2 FYNE HOMES 10 Year 5 (27/28) Dunbeg Phase 4 LINK 90 Year 2 (24/25) Rosneath LINK 49 Year 3 (25/26) Hospital Field site Oban LINK 50 Year 3 (25/26) Lonan Drive Oban LINK 44 Year 3 (25/26) Glencruitten Oban LINK 100 Year 4 (26/27) Dunbeg Phase 5 LINK 75 Year 4 (26/27) Dunbeg Phase 6 LINK 75 Year 5 (27/28) Port Charlotte Phase 1 WHHA 14 Year 1 (23/24) Imeraval Phase 4 Islay WHHA 20 Year 1 (23/24) Tobermory Phase 3 WHHA 12 Year 2 (24/25) Port Appin Phase 1 WHHA 6 Year 2 (24/25) Craignure WHHA 22 Year 2 (24/25) Colonsay WHHA 5 Year 2 (24/25) Salen WHHA 8 Year 3 (25/26) Port Appin Phase 2 WHHA 24 Year 5 (27/28) Bunessan Phase 2 WHHA 4 Year 5 (27/28) Argyll and Bute Total 956 2023-2028 1 NB. Timescales are indicative and subject to change; and will be monitored regularly. Some projects could also revise their final number of units. Page 268
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RSLs have also identified future opportunities, which they will flesh over the next year or so. These projects could be included in the later years of the SHIP. For example, ACHA is exploring options on Mull such as Dervaig; and 4 units on Ulva. WHHA is keen to develop another stage of development in Imeraval in Islay and a project in Oban town centre. WHHA are also keen to develop in, Lochawe and/or Dalmally if demand is generated from the Cruchan Power Station expansion programme. Fyne Homes would like to develop 20 units in both Dunoon and Lochgilphead. Finally, a number of community-led projects or private developments with associated affordable requirements but no RSL attached, may be delivered out with the core SHIP programme but will be significant adjuncts to this process and should deliver major synergies with the SHIP. Several projects are already progressing, and two have been completed. While small in scale these community-based projects deliver substantial impacts at the local level, and help to ensure the viability and sustainability of fragile communities. The following table summarises the current programme for rural and island projects out with the core SHIP programme. TABLE 14: FUNDED COMMUNITY-LED HOUSING PROJECTS NOT COMPLETED HMA PROJECT/COMMUNI TY UNITS Mull & Iona Ulva (Refurb) 6 Mull & Iona Glengorm (Refurb) 5 Islay, Jura & Colonsay Port Askaig, Islay 2 Islay, Jura & Colonsay Scalasaig, Colonsay Phase 1 12 units in total made up of 3 Self build plots, 3 Private Rented units (Mowi) 6 affordable housing units of which 4 are social rent and 2 are shared equity The SHIP will continue to be appraised on an annual basis by the Scottish Government and affordable housing outcomes are monitored regularly by the Council’s Housing Management Team; local authority Members via the corporate Pyramid performance management system; the overarching Community Planning Partnership via the ABOIP framework; and partners on the Strategic Housing Forum; as well as the boards and committees of the individual SHIP partners. In addition, as appropriate, wider stakeholder involvement will be sought via consultation with local communities, private developers and relevant particular interest groups. All pertinent feedback will help to inform the ongoing development and regular revisions of the SHIP. The council has also been exploring potential mechanisms for establishing a wider evaluation framework to capture the broader social return on investment and economic impacts of the SHIP programme, as well as the basic cost effectiveness and value for money of specific projects. Working with RSL partners, the council is keen to implement a formal evaluation procedure which will capture evidence on the wide range of strategic benefits that the SHIP actually delivers, beyond monitoring the basic number of completions. 14) MONITORING& REVIEW AND IMPACT ASSESSMENTS Page 269
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In 2021/22, the council undertook a number of impact assessments during the LHS process. The SHIP is an investment plan which sits underneath the LHS and sets out how the LHS objectives can be delivered. Therefore, these impact assessments also inform the SHIP. The impact assessments can be found on the council’s website. Equality and Socio-Economic Impact Assessment lhs_eqseia_sept_2021.pdf (argyll-bute.gov.uk) Child Rights and Wellbeing Impact Assessment childrens_rights_and_wellbeing_impact_acccessment_stage_abc_lhs_jan_202 2.pdf (argyll-bute.gov.uk) Health Impact Assessment APPENDIX 4: Template for scoping workshop reports (argyll-bute.gov.uk) Islands and Communities Impact Assessment lhs_island_communities_impact_assessment.pdf (argyll-bute.gov.uk) In future, the council will monitor and assess the impact of the SHIP and the LHS in terms of the aforementioned impact assessments and in line with the principles of the Fairer Scotland Duty. Any relevant findings from such assessments will be reflected in the SHIP and future updates of the LHS and other associated plans, policies and strategies. Strategic Environmental Assessment (SEA) As the “Responsible Authority” under the terms of the Environmental (Scotland) Act 2005, the council has previously determined that the LHS (and by association it’s ancillary component, the SHIP) does not require a full SEA. sea_pre_screening_report_october_2021.pdf (argyll-bute.gov.uk) The primary document in relation to land use planning is the Local Development Plan which is subject to a full SEA and which will ultimately cover all housing projects set out in the SHIP. Page 270
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The Argyll and Bute Strategic Housing Investment Plan for 2023/24 to 2027/28 sets out an ambitious but realistic programme for the delivery of 956 new affordable homes; of which the majority would be built to lifetime standards, allowing for future adaptation to meet changing needs over time; and around 10% will be purpose-designed for specialist needs, with half of those i.e., 5% of the total being fully wheelchair accessible. The programme reflects a strong commitment to Argyll and Bute’s economic growth agenda and will directly support the sustainability of fragile rural and island communities. The earlier years of the SHIP align with the LHS housing supply targets, published in 2022, of 215 new affordable homes per year; the later years are slightly below the target. Several additional potential projects have also been suggested but are not as yet fleshed out. These projects are likely to be considerations in later years, although if needs are identified during the annual review of the programme, then these projects could be brought forward. In addition, new opportunities will emerge in time these combined with the projects to be fleshed will raise the number of units in the later years of the SHIP to align with the 5 year LHS target of 1075 affordable units. The council and its partners are committed to maximising available resources where possible and will continue actively to explore opportunities for growth in the programme. The LHS targets take account of the council’s ambitious strategic objectives as well as the potential increased demand for social housing arising from the consequences of the coronavirus pandemic and the current economic crisis; the increased presence at the MOD base in Helensburgh & Lomond; the anticipated impacts of the Rural Growth Deal and other local and national resources and strategic imperatives for repopulation, recovery and growth; and therefore the scale of the proposed programme is likely to be more in line with actual requirements as well as our aspirational goals for Argyll and Bute. This SHIP clearly and directly aligns with the LHS and Argyll and Bute Outcome Improvement Plan (ABOIP) outcomes; sets out a core programme which is feasible to deliver; highlights the contribution of the council, developers and other partners; evidences the support and facilitation role of the local authority; outlines the extensive stakeholder engagement underpinning the planning and delivery of the programme; and explicitly reflects the central importance of equality issues for all partners. CONCLUSION Page 271
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Appendix 1 Individual Open Market Purchases Statement January 2022 Scottish Government affordable housing supply guidance states:- “It is expected that the majority of homes delivered through the Programme will be new build units that are delivered either directly by grant applicants or through ‘off the shelf’ purchases from developers. However, where it can be demonstrated that the use of grant to acquire ‘second hand’ stock that is for sale on the open market is the most appropriate method of meeting housing need in a particular area, subsidy may be available to fund this, subject to agreement between the Council and the Scottish Government. Funding may also be made available to remodel/ rehabilitate existing properties where this is considered a strategic priority”. Argyll and Bute Council will consider a limited number of individual, second hand open market purchases if the following criteria are met: There is a need for the size and type of housing in the town/settlement, (this will be determined by the current housing need and demand assessment) Land availability and infrastructure issues are a barrier to delivering the affordable housing target in the area through new build development The purchase will not result in homelessness The purchase price must reflect the condition of the property. Second hand open market purchases will be prioritised as follows: 1. Where the purchase will assist the RSL to meet general housing need as identified in the HNDA and agreed with Argyll and Bute Council. 2. Where the purchase will assist the RSL to meet particular housing need as agreed with Argyll and Bute Council. 3. Where the purchase will bring an empty property back into occupation 4. Priority will be given to acquiring properties that are in good/reasonable condition. Each property will require a valuation and condition survey completed by the District Valuer or other RICS Chartered Surveyor. Vendors must pay their own costs. Applicants should note the following:- Grant requested must be the minimum level of grant required to deliver the project. Grant requested should exclude costs for any works normally funded by the Association’s capital maintenance/cyclical programme. Streamlined submissions for acquisition only, the maximum Scottish Government grant will be up to £50,000 or 50% of the acquisition value, whichever is the lower. Streamlined submissions for acquisition and works, grant will be up to £75,000 maximum for each property. This will encompass the purchase price and any works required to the property. Where grant required for acquisition and works cost is higher than £75,000 a full value for money appraisal will be required and acquisitions should not be completed before confirmation of Scottish Government and Council agreement on the level of costs. Page 272
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APPENDIX 2: SHIP DEVELOPMENTS ACROSS ARGYLL & BUTE: Projects in the Core Programme 2023-2028 Projects approved in the 2022-2027 SHIP. These are due to be completed in years 2-5 of that SHIP i.e. 2023- 2027 New projects Page 273
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THIS DOCUMENT IS AVAILABLE ON THE COUNCIL WEBSITE AT: Local Housing Strategy and Housing Need and Demand Assessment This document can also be made available in other formats on request. Contact: LHS Team Argyll & Bute Council Dolphin Hall Manse Avenue Dunoon Argyll & Bute Council PA23 8DQ Telephone: 01369 708 679 01631 700 058 Email: Hristina.tarpanova@argyll-bute.gov.uk Page 274
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ARGYLL AND BUTE COUNCIL COUNCIL DEVELOPMENT AND ECONOMIC GROWTH 29 SEPTEMBER 2022 HOUSING ANNUAL ASSURANCE STATEMENT 2022 1.0 INTRODUCTION 1.1 Council Homeless Services are subject to scrutiny and inspection by the Scottish Housing Regulator (SHR). The Council must demonstrate that it is meeting the statutory requirements contained in the Scottish Social Housing Charter. Argyll and Bute Council is no longer a social landlord but retains statutory duties to provide services to households who are homeless or threatened with homelessness. The Council submits an Annual Return on the Charter (ARC). In 2019 the SHR introduced a requirement for all local authorities to submit an Annual Assurance Statement which will be published on the SHR website. This report details the proposed Statement for 2022. 2.0 RECOMMENDATIONS 2.1 It is recommended that the Council approve the Annual Assurance Statement contained in Appendix 1 of this report. 3.0 DETAIL 3.1 The SHR produced a document entitled Regulation of Social Housing in Scotland in February 2019. The regulatory requirements are set out in Section 3 of the document and even though Argyll and Bute Council is no longer a social landlord, there are requirements for the Council to ensuring that statutory duties are met in relation to preventing and alleviating homelessness. 3.2 The SHR issued an Engagement Plan to Argyll and Bute Council Housing Services in March 2019. This plan was not updated in 2020 and 2021 due to the COVID 19 pandemic. In 2022 the SHR wrote to the Council to state that they would be engaging in general terms about the delivery of homeless services. As a result there continues to be 4 areas in which the SHR can engage with the Council in relation to homelessness services:- How people access the service; Page 275 Agenda Item 15
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The assessment of homeless applications; Access to and quality of temporary accommodation; and Outcomes for people who are homeless. The SHR are proposing to engage with Argyll and Bute Council in relation to Argyll and Bute’s assessment of homeless applications and the outcomes for people who are homeless. The elements within these categories are detailed in the Annual Assurance Statement (Appendix 1) and the progress made in these areas of work. 3.3 In addition to the 4 areas of engagement, an update on the impact of COVID 19 on the homeless service has been included in the 2022 Annual Assurance Statement. 3.4 Members are kept informed of the Council’s performance in relation to statutory and regulatory requirements in relation to housing in various ways:- Through the Corporate Pyramid Reporting System; Through quarterly Housing Performance Reports submitted to Committee; Through the quarterly reporting produced for the Strategic Housing Forum; Through the Annual Updates on the Local Housing Strategy; and Through an Annual Housing Activity report submitted to the 4 Area Committees 3.5 The Council has produced an Equalities and Human Rights statement in relation to homelessness. This includes a commitment to analyse data relevant to assessing the impact on services across all groups. 4.0 CONCLUSION 4.1 The Development and Economic Growth Service’s Housing Team will continue to improve services to households who are homeless or threatened with homelessness. The Housing Team will continue to engage with the SHR to report on progress on the housing and homeless services provided in Argyll and Bute. 5.0 IMPLICATIONS 5.1 Policy – None. 5.2 Financial – Sufficient budget is required to deliver statutory services. 5.3 Legal – None. 5.4 HR – None. 5.5 Fairer Scotland Duty: Page 276
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5.5.1 Equalities - protected characteristics – access to services across the local authority area provided. 5.5.2 Socio-economic Duty – addressing and preventing homelessness enables households to address other issues such as income maximisation and exploring employment opportunities. 5.5.3 Islands – homeless advice and prevention services are provided on the islands. 5.6 Climate Change – None. 5.7 Risk – the Council will be subject to censure from the SHR and Scottish Government if statutory duties are not fulfilled. 5.8 Customer Service – Area teams provided the service across the local authority. Kirsty Flanagan, Executive Director with responsibility for Development and Economic Growth Councillor Robin Currie, Policy Lead for Economy and Rural Growth For further information contact: Fergus Murray, Head of Development and Economic Growth Fergus.Murray@argyll-bute.gov.uk Douglas Whyte, Team Lead – Housing Strategy Douglas.Whyte@argyll-bute.gov.uk APPENDICES Appendix 1 Housing Annual Assurance Statement 2022 Page 277
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APPENDIX 1 – HOUSING ANNUAL ASSURANCE STATEMENT 2022 Argyll and Bute Council Housing Annual Assurance Statement 2022 Legislative Compliance We can confirm that Argyll and Bute Council achieves all the standards and outcomes for people who are homeless and others who use our services:- All relevant regulatory requirements set out in Chapter 3 of the Regulatory Framework All relevant standards and outcomes in the Scottish Housing Social Charter All relevant legislative duties Argyll and Bute Council can confirm that there were no breaches of the Unsuitable Accommodation Order in 2021/22. Argyll and Bute Council can confirm that there were no health and safety breaches in 2021/22 in relation to homelessness resulting in intervention by the Health and Safety Executive. In 2021 the Council fulfilled its commitment from the previous Assurance Statement to produce an Equalities and Human Rights Statement with specific reference to Homelessness. This states that the Council will “Ensure that all households approaching the Council for housing advice including making homeless applications are treated fairly with dignity and respect. Housing Services staff will work to understand the individual needs of service users and deliver services that recognise and meet these needs. Housing Services will assure the Scottish Housing Regulator that Housing Services comply with statutory obligations. In addition, the Argyll & Bute Local Housing Strategy 2022-2027 was launched in April 2022. This incorporates a comprehensive equalities statement and is underpinned by a suite of impact assessments which encompass Homelessness amongst other related housing services and functions. As well as a full Equalities and Socio-Economic Impact Assessment, the Council has carried out impact Page 278
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assessments for the LHS in respect of Human Rights, Children’s Rights and Wellbeing, Island and Rural Communities, as well as a Health Impact Assessment. All materials are available on the council website at: Local Housing Strategy and Housing Need and Demand Assessment (argyll-bute.gov.uk). The LHS also includes a key action point to implement a detailed equalities data monitoring and reporting framework which will be reported annually to Housing Management Team, Area Committees and full Council, the Strategic Housing forum partnership and to the Scottish Government. In 2019 The Scottish Housing Regulator notified Argyll and Bute Council that they would be engaging with the Council over 2 areas of work based on the Scottish Government national statistics for 2017/18 and the Annual Returns of the Charter :- Argyll and Bute’s assessment of homeless applications Outcomes for people who are homeless The tables below provide an update on the areas of engagement previously notified by the Regulator in 2019. Argyll and Bute’s Assessment of Homeless Applications No. Area of Engagement Progress Made 1. The percentage of households assessed as not homeless nor threatened with homelessness is above the Scottish average Argyll and Bute figures – 4% of cases at the end of 2021/22 compared to 5% of cases at the end of 2020/21 compared to 5% of cases at the end of 2019/20. Scottish Average for 2021/22 – 3% 2. The percentage of households assessed as intentionally homeless is the same as the Scottish average Argyll and Bute figures – less than 1% at the end of 2021/22 compared to 1% of cases at the end of 2020/21 compared to 7% of cases at the end of 2019/20 Scottish Average for 2021/22 – 1% 3. The percentage of households withdrawing their homeless application before decision is the Argyll and Bute figures – 5% of cases at the end of 2021/22 compared to 5% of cases at the end of 2020/21 compared to 3% of cases at the end of 2019/20 Page 279
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same as the Scottish average Scottish Average for 2021/22 – 5% Outcomes for People who are Homeless No. Area of Engagement Progress Made 1. The percentage of people in Argyll and Bute assessed as unintentionally homeless which it provided with a Scottish Secure Tenancy is above the Scottish average Argyll and Bute Figure for 2021/22 – 87% 2020/21 – 81% 2019/20 – 67% Scottish Figure for 2020/21 – 76% 86% of all unintentionally homeless cases secured settled accommodation in 2020/21 compared to 80% across Scotland 2. There are a relatively high number of people waiting for more than one year for an outcome Argyll and Bute Council continues to work with partners to implement a Rapid Rehousing Transition Plan (RRTP) which will address this situation. The RRTP Annual Update was approved by Council and submitted to the Scottish Government in June 2022. The Regulator contacted the Council in March 2022 to state that there will be engagement about the Council’s services for people who are homeless. The Regulator will assess the risks to people who are threatened with or experiencing homelessness by engaging with the Council during 2022/23. The Impact of COVID 19 on the Homeless Service in Argyll and Bute As reported in the Annual Assurance Statement 2021 the Council continued to provide a service to households in need of accommodation during the COVID 19 pandemic. Regular contact continues to be maintained with households and housing support services continue to provide support to households to ensure that they are able to sustain their accommodation. As a Stock Transfer authority the Council continues to work effectively with the Registered Social Landlords to secure permanent housing for statutory homeless households. Page 280
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I can confirm that the Council has sufficient assurance and scrutiny processes in place to support this statement. Signed Kirsty Flanagan Executive Director Signed Councillor Robin Currie Leader of Argyll and Bute Council / Policy Lead for Economy and Rural Growth Page 281
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ARGYLL AND BUTE COUNCIL COUNCIL ROADS AND INFRASTRUCTURE SERVICES 29 SEPTEMBER 2022 HELENSBURGH WATERFRONT DEVELOPMENT – CAR PARKING 1.0 INTRODUCTION 1.1 The development of Helensburgh Waterfront has been a long term project designed to provide a new and high quality leisure development, repurposing a car park and associated assets, improve coastal defences and provide commercial opportunities for retail development. The development as a concept was identified in the masterplan for the wider site which was subsequently agreed at the Council meeting on 22nd November 2012. 1.2 Construction of the leisure centre is now complete and the facility open. Discussions relating to the operation of the car park, the charging regime and associated parking management have been ongoing for some time. Originally it had been proposed that the car park would be fully charging using the standard hourly rate for off street car parks. In July this year Commercial Services, as part of the emerging management plan for the leisure complex and following representations from Live Argyll, sought a proposal for all of the Pier Head car park to be free for the first 2 hours with charging thereafter. This proposal has been made to help to ensure that the leisure development operates to intended capacity, provides an incentive for individuals to use the facility and encourages users, who need to travel by car, to park near to the leisure facility rather than occupying on street parking spaces nearby. The parking proposal also supports recent advice received relating to the retail element of the development. 1.3 Local Members have been briefed via a Business Day Meeting on the proposals for making the car park free for 2 hours and are broadly supportive of this. To introduce a free parking period would be a change in Policy requiring agreement by Council. The projected difference in parking income being some £24,000 less than the income received prior to the development commencing. 2.0 RECOMMENDATIONS 2.1 It is recommended that Council: (i) Agrees that the Helensburgh Waterfront car park be amended to provide free parking for the first 2 hours and charged thereafter and; (ii) Agrees that officers progress a Traffic Regulation Order covering the new car park with the flexibility to enable free parking for the first 2 hours with any representations received during the TRO process being reported back to the Helensburgh and Lomond Area Committee. 3.0 BACKGROUND 3.1 The development of Helensburgh Waterfront is a key project for the council. As the Page 283 Agenda Item 16
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construction of the new Leisure Centre has concluded, the site of the old pool, once demolished, will be available for development. This development proposal aligns with the masterplan for the wider site which was agreed at the council meeting on 22nd November 2012. As part of the agreed proposal this area of the site is proposed to be developed for retail use of around 2,700sqm. 3.2 As part of the first phase of development at the waterfront, a car park extending to 265 spaces has been constructed as shown on the plan attached as Appendix 1. It was initially intended that this car park will be operated as a pay for car park by the Council with income being included as part of the Council’s overall revenue budget. The car park forms an important parking asset within Helensburgh. The wider parking strategy for Helensburgh and the whole of Argyll and Bute is subject to an ongoing parking review exercise which will be presented to Members once concluded. 3.3 The new layout and car park replaces the original larger Pier Head car park which provided a mix of free car parking of approximately 320 spaces and had an additional 236 chargeable spaces. It had originally been proposed that any loss of spaces resulting from the Waterfront Development would be from the free parking area at the far end of the car park and that the new car park would be chargeable to replace the previous car park facility and to maintain the budgeted income. The car park serves the wider town centre and not just the new Waterfront Development. In regards to traffic management, the use of on and off street parking places needs to be considered holistically to help to ensure that there is a reasonable turnover of parking spaces available to support local business by providing parking opportunities. 3.4 There have been ongoing discussions relating to the operation of the car park, the charging regime and associated management for some time. Originally it had been proposed that the car park would be fully charging using the standard hourly rate for off street car parks. In July this year Commercial Services, sought a proposal for the new car park to be free for the first 2 hours and charging thereafter. The rationale for this is to help to ensure that the leisure development operates well, provides an incentive for users and encourages users of the facility to park near to the leisure facility rather than occupying on street parking spaces nearby. 3.5 The current fees and charges policy for 2022-23 and the Council’s Parking Policy does not enable any change to charges within the Waterfront car park. Any proposed change would therefore need to be agreed by Council as a policy change. 3.6 Consideration will also have to be given to enforcement and management of the 2 hour free charging period as staff would need to be there more frequently to ensure the car park was being used correctly and not abused, which could ultimately have a detrimental effect on the traffic management of the development and town centre areas, as vehicles staying there for long periods would displace other vehicles into the town centre due to a lack of turnover of spaces. This will require additional patrols and place extra demand on a small enforcement team covering other areas including tourist hot spots such as Luss, Duck Bay and Arrochar. This was previously highlighted as part of the response to the planning application in August 2018. It may be necessary to increase the amount of warden coverage to accommodate any additional demand. 3.7 The 2 hours free parking would require the driver/occupant of the vehicle to obtain a ticket which would confirm the date and time of arrival. The first 2 hours would be free with any additional parking incurring the standard parking charge. Additional topping up could be Page 284
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carried out remotely using the Council’s parking App or a ticket purchased for the duration of the intended stay when this would exceed 2 hours. 3.8 The new Leisure Centre will be operated by the Leisure Trust who have raised the following concerns if the car park is operated as a standard chargeable parking area: 3.8.1 Memberships: The Leisure Trust require to increase use and membership of the facility to cover operational costs. The Leisure Trust have advised that standard parking charges will result in an estimated reduction in income from memberships equating to £30,000 to £100,000 per year depending on the level of parking charges. 3.8.2 Staff: The Leisure Trust have requested that staff are provided with access to free employee car parking as this is the case across most Leisure Trust facilities (such as halls, community centres and some leisure facilities). 3.9 The other significant use proposed for the Waterfront Site is a commercial development of predominantly retail use on the site of the old swimming pool. As part of the early site assessments specialist retail advisors Avison Young have confirmed that food retailers in particular will not be interested in the retail site unless they have a minimum of 2 hours free parking for customers. 3.10 Possible Options for managing the car park include the following: 3.10.1 Restricted free period – 2 hours free: A compromise position, and one which aligns with the recent request from Commercial Services in response to requests from Live Argyll and commercial retail advisors is that a period of 2 hours offered free with charges applying thereafter. This supports both the Leisure Centre members and the retail development while still managing the car park, avoiding anti-social issues and all day parking. However this would result in a substantial drop in income to the Council from parking revenues estimated at £24,000 pa, this would require a corresponding reduction in the budgeted parking income to avoid a deficit. This may be balanced by increased income for the Leisure Trust from memberships (estimated at £30,000 per year minimum) and income from the retail development. Roads and Infrastructure have also advised that this type of parking would be more difficult and time consuming to enforce and would require a review of the current warden service to ensure adequate enforcement. To facilitate this a TRO amendment process will be required and only when this is successful would the Council be able to waive charges for the first 2 hours. Appendix 2 details the TRO process. 3.10.2 Standard parking charges: This would generate the most income from parking (estimated at a minimum of £30,000pa at the Pier Head but could be substantially more) and would see the remaining paid for car parks continue much the same. However, based on the representation from Live Argyll would result in a consequent loss of income from the Leisure Centre (estimated at a minimum of £30,000 per year). It should be noted here that the current budget income for the Council is based on this figure and any change to the parking charges needs to be agreed as part of the Council’s budgeted income. 3.10.3 Free car parking – This may be a popular choice for the local community however, this would remove the income historically generated from parking and make the remaining pay car parks less attractive. The loss in income is estimated to be around £50,000 to £60,000 pa across all the charging Helensburgh car parks. This could also lead to a situation where neither the Leisure Centre nor the retail units benefitted, as the Page 285
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spaces could be taken by commuters, workers and other all day parking. This would then lead to traffic management issues in and around the town centre of Helensburgh as local residents and visitors search for a parking space. 3.11 In budgetary terms it is considered that the balance between gaining parking income for the Council and losing Leisure Trust income may well suggest that standard parking charges doesn’t generate a significant overall financial benefit. 3.12 However in operational terms, deciding not to operate standard parking charges could have other impacts such as: Pressure from other towns / Members across Argyll for similar arrangements which could lead to a wider impact on parking management and income. Increased resources from council enforcement staff with increasingly limited financial returns. Providing free parking encourages car use which is at odds with the council’s climate change targets. However this could be countered by the argument that parking charges may cause users to drive further to Dumbarton or other centres with free parking. 3.13 Similarly free car parking isn’t a recommended option as this will lead to spaces being blocked by all day users / businesses, vehicles being abandoned and a disruption to the overall parking strategy. 3.14 Therefore the option which is considered to offer the best compromise is a managed car park with a restricted free period. This isn’t without some compromise, particularly for the Council with a loss of budgeted income of over £24k from its annual budget and increased demand on limited parking management resource. 4.0 CONCLUSION 4.1 The waterfront retail site is of strategic importance to the council and to Helensburgh and therefore the operation of the communal car park requires to be carefully considered. 4.2 To ensure that the new leisure facility is a success and that the retail site can be marketed the option of a restricted free period of 2 hours parking is considered to offer the best compromise. 4.3 The impact of the above proposal would reduce potential parking income for the Council by approximately £24k per annum. This would need to be taken into account with a corresponding reduction to parking income required to be recognised in budgeted income levels along with the increased resources required to manage the operation of the car park. 5.0 IMPLICATIONS 5.1 Policy – the proposal for 2 hours free parking require Council approval due to the predicted reduction in parking income. Page 286
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5.2 Financial – Budgeted council income from parking in the Helensburgh area will be reduced by these proposals and this pressure will be built into the budget outlook from 2023-24 onwards. 5.3 Legal - The terms and conditions of any management arrangements to follow are intended to be delegated to the Executive Director of Customer Services. 5.4 HR – Additional demands on parking warden/enforcement resource. 5.5 Fairer Scotland Duty 5.5.1 Equalities – Protected characteristics – None Known 5.5.2 Socio economic Duty – None Known 5.5.3 Islands – None Known 5.6 Climate change – Any large development project will have sustainability issues to address. However this development is designed to deliver local services to reduce the need for residents to travel to other destinations which will be a positive impact. Offering free car parking periods can be seen as contradictory to this but is balanced by reducing travel to other further away destinations. There are a number of cycle parking racks available at the leisure development and it would be desirable if users of the facility would transition their mode of travel to active travel choice rather than relying on car travel. There are also a number of e-vehicle charging points on the car park which will be reserved specifically for e-vehicle use. 5.7 Risk – If the car parking is not managed correctly there is a risk that the new leisure and retail facilities will not deliver the anticipated outcomes. There is also a risk that the overall parking arrangements in Helensburgh will be distorted if the parking arrangements are not holistically addressed. 5.8 Customer Service – None. Kirsty Flanagan, Executive Director with responsibility for Roads and Infrastructure Services Councillor Gary Mulvaney – Policy Lead, Finance and Commercial Services Councillor Andrew Kain – Policy Lead, Roads and Transport 24th August 2022 APPENDICES Appendix 1 – Layout Plan Appendix 2 – TRO Process For further information contact: Jim Smith, Head of Roads and Infrastructure Services Jim.Smith@argyll-bute.gov.uk 01436 657 620 Hugh O’Neill, Network & Standards Manager Hugh.O’neill@argyll-bute.gov.uk 01546 604 084 Page 287
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APPENDIX 1 – LAYOUT PLAN Page 288
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TRO Process 1. Pre non-statutory discussions with local groups to develop proposals. 2. Seek agreement from Helensburgh & Lomond Area Committee to begin statutory TRO process. 3. Stage 1 Consultation – defined by Regulations. Seeks comments only at this stage. 4. Stage 2 Consultation – defined by Regulations but note that the Traffic Authority should consult with all those “affected” by the proposals. This allows Officers to include other “non-statutory” bodies which may be affected by the proposed TRO. Seeks comments only at this stage. 5. Stage 3 Consultation – public consultation exercise. At this stage any person, body or organisation may submit an objection. Officers then respond to objections, however, if an objection is not formally (in writing) withdrawn then it must be considered extant. 6. If no objections are received the Order can be made. 7. If objections are submitted and not withdrawn a report will be taken to the Area Committee for consideration. The following options are available to the Committee: a. To abandon the Order; b. To amend the Order; c. To hold Discretionary Hearing; d. To make the Order as published. 8. Notwithstanding the above, if an objection is submitted in regards to certain key restrictions (for example “no loading”) then the Committee has the following options: a. To remove the restriction from the Order; b. To abandon the Order c. To refer the Order to an Independent Reporter for a Hearing (different from a “Discretionary Hearing”). The Reporter submits recommendations back to the Area Committee at the conclusion of the process for consideration. 9. At the end of the processes detailed in points 7 & 8 above, assuming the Members determine that the Order should be made, the Order is then Signed and Sealed by Legal & Regulatory Support. 10. There is then a 6 week “pause” to allow for procedural challenge to be made. 11. Assuming no such challenge is made, the Order is implemented. Page 289
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ARGYLL AND BUTE COUNCIL Argyll & Bute Health and Social Care Partnership Child Poverty Plan Annual Review 2021-22 1.0 EXECUTIVE SUMMARY The Argyll and Bute Child Poverty Action Plan Review 2021-2022 is the third review of the Child Poverty Action Plan first published in 2019. It is a requirement under the 2017 Child Poverty (Scotland) Act that local authorities and health boards jointly produce and publish an annual review of their plan, setting out work being undertaken to tackle child poverty in their region. This action is required up until 2030 and includes key target years of 2023 and 2030 for particular levels of progress to be achieved. The Argyll and Bute Child Poverty Action Group, led by Fiona Davies (Chief Officer; Argyll & Bute Health and Social Care Partnership) have produced this year’s review to reflect the work of its members and others working to tackle child poverty across the region. It reflects a strong children’s rights approach and the vision shared vision that: We want an Argyll and Bute where no-one lives in poverty. Everyone should be able to achieve their potential and feel healthy, happy and valued. We want to be a place where everyone understands that tackling poverty is a shared responsibility. We believe that if we act locally, and in partnership, we can make a difference. A child friendly SWAY version of the plan has been created for engaging with children and young people. It is hoped that this will be developed into a One Page Plan, graphic version that will also be of real value in working with children and also adults who might prefer this presentation to reading a long report. Current Child Friendly SWAY https://sway.office.com/od2HbGlr940R2j3u?ref=Link Page 291 Agenda Item 17
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ARGYLL AND BUTE COUNCIL Argyll & Bute Health and Social Care Partnership Child Poverty Plan Annual Review 2021-22 2.0 INTRODUCTION 2.1 In 2017 the Child Poverty (Scotland) Act came into force as an attempt to put in place measures that would reduce the concerning increase in child poverty, both on a national and local level. The Act introduced a new requirement for local authorities and each relevant Health Board to jointly prepare a Local Child Poverty Action Report and to review it on an annual basis until 2030. The Scottish Government publishes a national child poverty report, “Every Child Every Chance” which sets out the national measures taken to address the issue and this too is reviewed annually. In 2022 a second delivery plan was published” Best Start, Bright Futures: Tackling Child Poverty Delivery Plan 2022-202”. Of particular relevance to the duties under the Child Poverty (Scotland) Act are Parts 1 and 3 of the Children and Young People (Scotland) Act 2014. Part 1 requires public authorities to publish, as soon as practicable after the end of each 3 year period, a report of what steps it has taken in that period to secure better or further effect within its areas of responsibility of the UNCRC requirements. Of particular relevance to the issue of child poverty are the following articles: Article 3 (best interests of the child) Article 6 (life, survival and development) Article 12 (respect for the views of the child) Article 26 (social security) Article 27 (adequate standard of living) The Child Poverty Action Plan and the Children’s Rights Report are closely linked and should in turn be linked to key Council and Health Board strategies and plans, for example the Children and Young People’s Service Plan 2020 – 2023. It should be noted that child poverty and children’s rights are issues not limited to Children’s Page 292
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Services or the HSCP but are a wider responsibility that Council departments and partners need to be cited on. The Plans also link to the Fairer Scotland Duty. This is an overarching strategic duty on public bodies. It has interactions with the Equality Act 2010 and Scotland Act 2016; and came into force on 1 April 2018. The Duty requires that: “An authority to which this section applies must, when making decisions of a strategic nature about how to exercise its functions, have due regard to the desirability of exercising them in a way that is designed to reduce the inequalities of outcome which result from socio- economic disadvantage.” In ensuring that this obligation is met, Equality and Socio- Economic Impact Assessments (EQSEIA’s) must be carried out when new plans and strategies are being developed. Children’s rights obligations call for a similar process to be carried out and Child Rights and Wellbeing Impact Assessments (CRWIA’s) to be completed. Work is currently taking place in Argyll and Bute to integrate these two assessment documents into one process. The 2017 Act set four targets relating to ending child poverty, which the Scottish Government committed to trying to achieve by 2030. The targets for children living in households in Scotland are that: less than 10% of children live in relative poverty (relative poverty is less than 60% of average household income for the year taking account of the size and composition of the household); less than 5% of children live in absolute poverty (absolute poverty is less than 60% of average household income for the financial year beginning 1 April 2010); less than 5% of children live in combined low income and material deprivation (low income is defined as less than 70% of average household income for the year, material deprivation is when families are unable to afford three or more items out of a list of basic necessities); less than 5% of children live in persistent poverty (persistent poverty is where a child has lived in relative poverty for three out of the last four years). These are all measured after housing costs are deducted. The Act also sets out interim targets which are to be met in the financial year beginning 1 April 2023. These are all measured after housing costs are deducted. Less than 18% of children are in relative poverty Less than 14% of children are in absolute poverty Less than 8% of children are in combined low income and material deprivation Less than 8% of children are in persistent poverty. 3.0 RECOMMENDATIONS 3.1 The council is asked to consider and note the work undertaken and potential impact faced by the cost of living increase. Page 293
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4.0 DETAIL 4.1 In 2019 the Argyll and Bute Child Poverty Action Group, a multiagency body was set up to oversee the implementation of the local Child Poverty Plan, review it annually and find ways to best use existing resources and develop new initiatives. Following approval and publication there is an obligation for it to be submitted to Scottish Government. Local Child Poverty Figures On the 12th of July 2022 the End Child Poverty coalition published the latest local child poverty figures. Their research, covering the period to 2020/21, provides the best available estimates of child poverty at local authority level (below 60% median income after housing costs). Figures for Argyll and Bute are as follows: 2020-2021 - 18.8%; a reduction of 1.8% from the 2014-2015 figure of 20/7% The current review introduces the challenges the year has brought in terms of food shortages, a cost of living crisis and the war in Ukraine. It also notes progress as working with The Poverty Alliance, One Parent Families Scotland and The Child Poverty Alliance we put together a broad range of training events for our multi-agency staff group and others. Also noted is our commitment to #Keeping The Promise and our continued development of a trauma informed workforce. Adding to this is our commitment to train staff in Dyadic Developmental Psychotherapy. Other positives noted include client gain of £10,165,000 from our advice services, engagement in schools, Hermitage Academy becoming the first high school in Argyll and Bute to receive gold accreditation in UNICEF UK’s Rights Respecting School programme and the success of the Flexible Food Fund. It notes that nationally there has been the publication of the Scottish Government’s second Tackling Child Poverty Delivery Plan, “Best Start, Bright Futures 2022-2026”. We state that we approve that it say the 2030 targets require us to work differently – placing an ever greater focus on families and the places they live. We make the point that rural, remote and island living can have additional challenges and costs that need to be considered. The high and immediate risks to people in Argyll and Bute due to fuel poverty are emphasized as are the mental and physical health costs of poverty. Reasons for this Child Poverty Review It is noted that the 2017 the Child Poverty (Scotland) Act introduced a new requirement for local authorities and each relevant Health Board to jointly prepare a Local Child Poverty Action Report and to review it on an annual basis until 2030. Pupil Voice on Childhood Poverty The report includes a reflection from a variety of school age young people giving their views and feelings of pupils, these were collected by schools in engagement exercises. Children’s Rights Page 294
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The report notes that Children’s rights are fundamental to all work tackling child poverty and should be reflected in the principles and objectives of all services that support children. This means not only direct services such as education, health and social care but also our political, social and economic infrastructures. When we look at a Strategic Children and Young People’s Service Plan from a Health and Social Care Partnerships (HSCP) we expect to see needs and children’s rights identified and considered. Local Authorities also need to show that is happening, for example, when a road is planned, street lighting changed or a Commissioning Strategy developed. The Promise A key consideration when looking at our work on tackling child poverty in Argyll and Bute must be keeping The Promise. The Promise, launched by the Scottish Government in Autumn 2020 originates in the findings of The Care Review and makes a commitment to care experienced infants, children, young people, adults and families, that every child grows up loved, safe and respected, able to realise their full potential. It demands a multi-agency approach to support shifts in policy, practice and culture across Scotland and make the difference that is required. In Argyll and Bute a strong, multi-agency commitment has been made to delivering on The Promise and that work has continued, despite the considerable barriers raised by the Covid-19 pandemic, EU exit and the current cost of living crisis. Our Challenge This area notes the particular challenges faced by Argyll and Bute, with regards to areas such as fuel poverty, the economy, infrastructure and demographics. It includes statistical data. Under sustainability it notes work being carried out in connection with the UK Community Renewal Fund, Island Community Hall Connectivity Project and Rural Growth Deal. Also noted here is work on school clothing banks, free period products and the Food Forum. Training One of our commitments for the year 2021 – 2022 was to deliver training, related to understanding and tackling child poverty, for a wide range of staff groups across Argyll and Bute. This was made possible by monies from the Flexible Fund which enabled us to commission the Poverty Alliance, Child Poverty Action Group and One Parent Scotland to work with us. A number of training packages were developed and delivered on multiple occasions. The nature and impact of this training is noted. Key Areas of the Plan: This section notes key areas of work undertaken in relation to child poverty; they are recorded under the 3 Drivers of Poverty, helping families in other ways and planned future work. A. Increasing Income from Employment and Earnings Employability; The Scottish Government’s Islands Programme (IP); Skills Development Scotland; Learning HUBS; Council Apprenticeships; Education; Early Years; UHI Argyll and University of the Highlands and Islands. B. Increasing Income through Benefits Flexible Food Fund; Client Gain through Advice Activity. C. Cost of Living Page 295
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Housing; Fuel Poverty; Social Security Scotland; Free School Meals and holiday Provision; Argyll and Bute Community Food Forum; Good Food Nation and Food Strategy; Bute Advice Service; Free Period Products; School Clothing Banks; The GRAB Trust (Group for Recycling in Argyll and Bute); ReStyle Argyll; LORI; Kintyre Recycling; Re-Jig. D. Helping Families in Other Ways Infant and Perinatal Mental Health Services; Youth Work Education Recovery Learning Programme; What are Carers Centres and MAYDS doing to support Young Carers in Argyll & Bute?; Transforming Responses to Violence against Women and Girls; Free School Meals Delivered by Drones; Universal Pathway Quality Improvement Collaborative Financial Inclusion Practicum (UPQIC); Flexible Fund. E. Other Planned Work Rural Growth Deal; Local Authority Covid Economic Recovery Fund (LACER); Child Poverty Group. 5.0 CONCLUSION 5.1 This review fulfils the obligation, from The Child Poverty (Scotland) Act 2017, for local authorities and health boards to deliver jointly an annual review of their Child Poverty Action Plan. Links with other local authority reporting duties on tackling child poverty include: Fairer Scotland Duty, Islands (Scotland) Act 2018; Children and Young People (Scotland) Act 2014; Education Act 2016; Community Empowerment (Scotland) Act 2015. This Child Poverty Action Plan links to: the Local Outcome Improvement Plan, Children and Young People’s Services Plan and the Children’s Rights Plan. Overarching this, children’s rights and tackling child poverty should be a consideration in every Council plan and strategy. 5.2 The current Child Poverty Action Plan Review 2020 – 2021 sets out the current situation in terms of child poverty in Argyll and Bute and makes particular reference to areas such as children’s rights, sustainability and the challenges facing our island communities. The plan sets out work that has been happening to address child poverty in Argyll and Bute and some Page 5 4 plans for actions going forward. This will be led by Fiona Davies and the CPAG group; training, engagement and data analysis are key issues for the coming year. 6.0 IMPLICATIONS 6.1 Policy - none 6.2 Financial - The report notes a forecast financial impact on families and well being and may risk a subsequent financial impact on organisations as the wider and longer term impacts of poverty are felt. 6.3 Legal - none Page 296
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6.4 HR - none 6.5 Fairer Scotland Duty: 6.5.1 Equalities - protected characteristics An EQSEIA and a CRWIA have been carried out in relation to this Child Poverty Action Plan Review. No negative impacts were noted and positive impacts seen in terms of the work noted in this review. 6.5.2 Socio-economic Duty 6.5.3 Islands - Fuel poverty by ward is provided in appendix 2. 6.6 Climate Change - none 6.7 Risk – The reviewed plan shows a range of planned work to address child poverty; it is noted that the latest child poverty figures for Argyll and Bute show a reduction of 1.8% to 18.9% (below 60% median income after housing costs). However recent events such as the impacts of EU Exit, the war in Ukraine and the cost of living crisis have placed more families into financial crisis and made it less likely that the Scottish Government’s child poverty reduction targets for 2023 and 2030 will be met. 6.8 Customer Service - none Fiona Davies Executive Director with responsibility for Argyll & Bute HSCP Policy Lead Councillor Amanda Hampsey 30 August 2022 For further information contact: Mandy Sheridan mandy.sheridan@argyll-bute.gov.uk APPENDICES Appendix 1 Child Poverty Annual Review 2021-22 Appendix 2 Fuel Poverty by ward March 2022. Page 297
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1 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Argyll and Bute Child Poverty Action Plan Review 2021-22 August 2022 Page 299
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2 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Contents Foreword ................................................................................................................................................................................ 3 Introduction ........................................................................................................................................................................... 5 Our Vision......................................................................................................................................................................... 6 Latest Child Poverty Figures .................................................................................................................................. 6 Reasons for this Child Poverty Review ............................................................................................................ 7 Children’s Rights.........................................................................................................................................................10 The Promise ..................................................................................................................................................................12 Our Challenge ..............................................................................................................................................................14 Population and Employment ................................................................................................................................15 Greener Development and Sustainability ......................................................................................................17 Training ............................................................................................................................................................................18 Key Areas of the Plan: ..................................................................................................................................................21 A. Increasing Income from Employment and Earnings ..........................................................................21 B. Increasing Income through Benefits...........................................................................................................38 C. Cost of Living..........................................................................................................................................................41 D. Helping Families in Other Ways ...................................................................................................................60 E. Other Planned Work ...........................................................................................................................................67 Page 300
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3 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Foreword Welcome to the third annual review of Argyll and Bute’s Child Poverty Action Plan. It has been a year that has brought fresh challenges for us all with food shortages, a cost of living crisis and the war in Ukraine creating concern for us all. Not surprisingly some of our children and young people are experiencing anxiety and our Teachers, Educational Psychologists and School Counsellors are working with parents to support them. Despite these challenges we remain committed to ending child poverty because we recognise just how important that goal is to creating a just society and, as Nelson Mandela said: A winner is a dreamer who never gives up. We are happy to be able to report that we have had some important wins this year. We recognised that training our staff to understand poverty and to be able to better work with and support those experiencing it, was important. Working with The Poverty Alliance, One Parent Families Scotland and The Child Poverty Alliance we put together a broad range of training events for our multi-agency staff group and others. Some 220 professionals and our elected members received poverty awareness training and we were impressed by the insights that participants shared with us. Other courses ran on topics such as Single Parent Poverty Awareness; Benefit Basics in Scotland; Payments for Children in Scotland and Supporting Low-Income families. Other wins come with our commitment to #KeepingThePromise and our continued development of a trauma informed workforce. Adding to this is our commitment to train staff in Dyadic Developmental Psychotherapy and over 50 staff have completed DDP level 1 training and our first cohort have commenced DDP level 2 training. This will support our commitment to dealing not only with the drivers of poverty but also the impacts of it and other traumas. The axiom, “knowledge is power” is relevant when it comes to tackling child poverty and this year our advice services have worked tirelessly to get people the information they need to claim their rights and benefits. This has resulted in the client gain of £10,165,000, a remarkable win for our families. This work has been supported by Money Counts training and the wide circulation of the Food Aid Network (IFAN) Argyll and Bute Worrying about Money? Leaflet. Knowledge also plays a key part in our engagement with our children and young people and a child friendly version of this report will be shared. Engagement is happening in schools, some young people have become Poverty Champions and a few attended the Poverty Awareness Training. Awareness of children’s rights go hand in hand with tackling child poverty and this year saw Hermitage Academy in Helensburgh become the first secondary school in Argyll and Bute to receive gold accreditation in UNICEF UK’s Rights Respecting School programme. From free school meals and addressing holiday hunger, to setting up school clothing banks. From the success of our Flexible Food Fund, to the amazing work of ALIenergy in helping people dealing with fuel poverty. From employability actions, to the rural growth deal and successful bids to the UK Community Renewal Fund. We would like Page 301
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4 Argyll & Bute Child Poverty Action Plan Review 2021-2022 to take this opportunity to thank everyone involved for their hard work and commitment and to recommend this report to you. Fiona Davies Chief Officer Argyll & Bute Health and Social Care Partnership, Chair, Strategic Children’s Group Pippa Milne Chief Executive Officer Argyll & Bute Council Pam Dudek Chief Executive Officer NHS Highland Page 302
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5 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Introduction Welcome to the third review of the Argyll and Bute’s Child Poverty Action Plan, 2021- 2022. Although this year has brought challenges we have continued to move forward with our objective to work to reduce child poverty and its impacts across Argyll and Bute. The year has been marked for us by the delivery of a large number of training events for staff, relating to tackling and understanding poverty. Our Flexible Food Fund has continued to benefit families and there has been positive progress in areas such as employability, free school meals and holiday hunger, housing, client gain figures and engagement. Our multi-agency Child Poverty Action Group remains committed to tackling child poverty and the impact that it has on young lives. This year the group has acquired the services of a Project Assistant to support this work. Nationally there has been the publication of the Scottish Government’s second Tackling Child Poverty Delivery Plan, “Best Start, Bright Futures 2022-2026” This makes a commitment to supporting families through all the challenges raised by the cost of living crisis, war in Europe and other events. Importantly it also states that: The 2030 targets require us to work differently – placing an ever greater focus on families and the places they live. Through phased approaches to change, working in a small number of localities, we can identify the barriers to progress and the keys to removing these for families and partners. In Argyll and Bute we welcome this approach as it recognises the challenges for families living in remote, rural and island places and acknowledges that solutions to child poverty must take into account the geography and key demographics of different areas. A young person living in a family on benefits on an island, attending school on the mainland and living in a School Hostel, has a very different experience to a young person living in a city in the central belt. Factors such as transport, supply issues in food chains and the need to travel to access some activities and medical appointments become key and will influence how far benefits will stretch and what money must be spent on. The bottom line is that it is expensive to live in remote, rural and island places. As part of this we recognise that fuel poverty is a significant issue in Argyll and Bute but is not equally distributed throughout the region. For example Bute has 41-50% of its population in fuel poverty whereas Cowal has less than 20%. Fuel poverty hot spots are in the islands, Kintyre, Oban and Lorn. Our area has one of the highest fuel poverty rates in Europe with some areas paying more for gas delivery due to their remote status. Many areas have no access to mains gas so have no alternative to using more expensive alternatives. The impact on families can be severe, as Lynda Mitchell, Manager of ALIenergy says: “The perceived image of fuel poverty is often an elderly person sitting with a blanket by the fire, but advisors have found that many clients are much younger, often families with children. As people switch their heating down or off to save money, fuel poverty manifests in a range of different behaviours, including seeking warmth in public places where it’s free – for example, taking the free bus for a round trip because it's warm, or lingering in pubs, cafes, libraries, and other public places, to avoid being at home (particularly challenging during the pandemic). Other problems include not being able Page 303
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6 Argyll & Bute Child Poverty Action Plan Review 2021-2022 to cook hot meals; not being able to wash or do laundry frequently enough for adequate personal hygiene; staying in bed for prolonged periods, living in one room, and being embarrassed to invite friends or neighbours into the home, leading to issues of loneliness, social isolation and reclusive behaviours.” Poverty matters because there is increasing evidence to show that there are connections between poverty and issues such as: higher infant mortality rates, poor physical and mental health, family stress levels and breakdown, children becoming care experienced, poor educational, employment and social outcomes and drug and alcohol use. Domestic abuse can be impacted on by the stresses and financial hardships of poverty and this can lead to the break-up of families. Poverty can make people feel socially excluded, invisible and unsupported; all factors that can contribute to poor mental health and suicide. It must be asked what the cost economically to the country is of all of these factors and their impact on both services and the productivity of our workforce? If these impacts could be improved or eliminated by simply putting more money into people’s pockets through improving benefits and providing a living wage, would the cost in fact be less? Whatever the answer to that question is, we remain committed to making what difference we can and our vision remains: Our Vision We want an Argyll and Bute where no-one lives in poverty. Everyone should be able to achieve their potential and feel healthy, happy and valued. We want to be a place where everyone understands that tackling poverty is a shared responsibility. We believe that if we act locally, and in partnership, we can make a difference. Latest Child Poverty Figures On the 12th of July 2022 the End Child Poverty coalition published the latest local child poverty figures. Their research, covering the period to 2020/21, provides the best available estimates of child poverty at local authority level (below 60% median income after housing costs). Figures for Argyll and Bute are as follows: Date Number of Children in Poverty Percentage of Children in Poverty Percentage Point Change 2014 - 2015 2808 20.7% 2020 - 2021 2325 18.9% -1.8% This positive change reflects the Scottish Government investment in the new Scottish child payment, other Social Security payments and a range of other measures. It also reflects the impact of a range of local measures taken to tackle child poverty and its impacts, which are noted in this report. Such positive changes, seen in 26 of Scotland’s 32 local authority areas, demonstrate that taking action can make a difference. Scotland has the lowest rate of child poverty amongst countries of the UK at 21%, followed by England at 29% and Wales at 34%. Page 304
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7 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Reasons for this Child Poverty Review In 2017 the Child Poverty (Scotland) Act came into force as an attempt to put in place measures that would reduce the concerning increase in child poverty, both on a national and local level. To evidence the need for such action the Scottish Government commissioned research which found that by 2030/31, if no action was taken, it was estimated that 38% of children would be in relative poverty, 32% of children would be in absolute poverty, 17% of children would be in combined low income and material deprivation and 16% of children would be in persistent poverty. The 2017 Act set four targets relating to ending child poverty, which the Scottish Government committed to trying to achieve by 2023 and 2030; these are all measured after housing costs are deducted. The targets for 2023 are: • Less than 18% of children are in relative poverty; • Less than 14% of children are in absolute poverty; • Less than 8% of children are in combined low income and material deprivation; • Less than 8% of children are in persistent poverty. Targets for 2030 are: • less than 10% of children live in relative poverty (relative poverty is less than 60% of average household income for the year taking account of the size and composition of the household); • less than 5% of children live in absolute poverty (absolute poverty is less than 60% of average household income for the financial year beginning 1 April 2010); • less than 5% of children live in combined low income and material deprivation (low income is defined as less than 70% of average household income for the year, material deprivation is when families are unable to afford three or more items out of a list of basic necessities); • less than 5% of children live in persistent poverty (persistent poverty is where a child has lived in relative poverty for three out of the last four years). With the cost of living crisis set to deepen and the World Bank suggesting that it might continue for several years, it must be acknowledged that it will be very difficult to meet the interim and final targets set by the Scottish Government with regards to tackling child poverty. However recent child poverty figures suggest that it is not impossible. As the Nuffield Foundation noted: Inequalities are not inevitable, and some policies and interventions have led to improvements in young children’s health. The Scottish national infant feeding strategy has led to increased rates of breastfeeding. Sure Start led to major health benefits for children from poorer neighbourhoods. National oral health programmes in Scotland and Wales have accelerated rates of improvement in children’s oral health. The success of these interventions demonstrates that improvements in young children’s health are possible with sustained policy effort. The Nuffield Foundation; Carey Oppenheim, Richard Batcheler, Dr Dougal Hargreaves, Jordan Rehill, Dr Rakhee Shah Page 305
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8 Argyll & Bute Child Poverty Action Plan Review 2021-2022 This review is also where we in Argyll and Bute show what actions we are taking to tackle child poverty and how well we work together to achieve our vision of no children living in households affected by poverty and depravation. We believe it is important to understand that tackling child poverty is more than just reaching targets because: Poverty is not only experienced materially and socially, but also emotionally. Financial stress, not having an adequate income or work, reverberates through family life….. Poverty influences child outcomes indirectly where lack of income and economic pressure can lead to psychological distress, lack of control and choice, and the experience of stigma, all of which can in turn affect relationships within the family both between parents and parenting practices. Changing Patterns of Poverty in Early Childhood; Nuffield Foundation; Sept 2021 Pupil Voice on Childhood Poverty It can be difficult to talk to younger children about child poverty and to get them to share how they feel about the World about them. Some of our Schools have tried to achieve that in a non-threatening and engaging manner. These results give us insight into their World, a place where some of them will be experiencing the impacts of child poverty. Group 1 (8 – 12 years-old) What makes you happy My friends Pets Food Family Nintendo Switch with my mum Throwing snow balls Edinburgh Zoo Sun Young carers School erm 50 50 (school program) What do you see around you Houses Cars Other people Snacks What do you hear around you Friends People talking Shouting Cars What do you talk about Music Friends Not much Page 306
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9 Argyll & Bute Child Poverty Action Plan Review 2021-2022 What do you worry about Dad might lose his job Might need to move and leave friends What do you enjoy doing Arts and crafts Skating Going to the beach making jewellery bowling painting making puppets clay art holidays friends play parks adventures climbing trees going for walks What do you hope to gain Get a dog Move to New Zealand I want to be an interior designer I want to go to Art school in Edinburgh I want to be a make-up artist I don’t know Group 5 – (11years-old) What do you enjoy doing? Maths Swimming Singing Painting Dancing Telling jokes Football Spending time with family What do you see around you? children in same situation as me friends the sun British flag (hall was decorated for Jubilee) What do you hear around you? birds voices noises echo's What do you worry about? spiders deforestation phobia of holes something bad happening my mum and dad What makes you happy? my mum family football friends Page 307
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10 Argyll & Bute Child Poverty Action Plan Review 2021-2022 life What do you hope to gain? get better at football get a job when I'm older become a dinosaur expert become a nurse Group discussion (5 – 11 year-olds) How does Child Poverty impact me? it doesn't as I am warm and loved and that's all I need I feel bad for others and donate to foodbanks What does Child Poverty look like for you? My Mum works really hard because I think she worries about money What would Child Poverty feel like? sad, cold, jealous of others, stressed, lonely, hungry, embarrassed, heartbroken, upset, angry Children’s Rights The UN Convention on the Rights of the Child (UNCRC) is one of the core international human rights treaties and is a universally agreed set of minimum child rights standards which is the most widely ratified of all the international conventions. Importantly the UNCRC introduces the concept of a child’s ‘evolving capacities’ (Article 5), which states that direction and guidance provided by parents or others with responsibility for the child must take into account the capacities of the child to exercise rights on their own behalf. It includes four general principles that are not only rights in themselves but underpin every other right in the Convention: For rights to be applied without discrimination (Article 2) 6 For the best interests of the child to be a primary consideration (Article 3) The right to life, survival and development (Article 6) The right to express a view and have that view given due weight (Article 12) The UNCRC provides children with a series of individual rights, such as the right to education, health, name, nationality, play and an adequate standard of living. Additional rights have been included for particular groups, including disabled children, children who have been exploited or mistreated, refugee and migrant children, children in custody and children in care. Children’s rights are inextricably linked with the rights of parents and carers, whose important role in children’s lives is recognised throughout. Children’s rights are fundamental to all work tackling child poverty and should be reflected in the principles and objectives of all services that support children. This means not only direct services such as education, health and social care but also our political, social and economic infrastructures. When we look at a Strategic Children and Young People’s Service Plan from A Health and Social Care Partnerships (HSCP) we expect to see needs and children’s rights identified and considered. Local Authorities also need to show that is happening, for example, when a road is planned, street lighting changed or a Commissioning Strategy developed. Page 308
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11 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Argyll and Bute is committed to achieving that and to completing Equality and Socio- Economic Impact Assessments when considering new work, policies and strategies. This document incorporates the principles of Child Rights and Wellbeing Impact Assessments. In 2020 Argyll and Bute completed its first Children’s Rights Report, setting out our commitment to embedding the UNCRC into policy and practice and demonstrating how children’s rights are respected across our services. Since that time we have set up a multi-agency Children’s Rights Group to forward that and ensure partnership working. The work of this group has included the development of an e-learning module for staff on Child Poverty and Children’s Rights. Link to Argyll and Bute’s Children’s Rights Report: https://www.argyll- bute.gov.uk/sites/default/files/childrens_rights_report_2020_final.pdf Another success in terms of children’s rights work in Argyll and Bute has been the roll out of the Rights Respecting Programme across schools. UNICEF UK works with schools across the country to embed children’s rights in a schools’ ethos, raise awareness of the United Nations Convention on the Rights of the Child (UNCRC) and to increase understanding of children's rights. Hermitage Academy in Helensburgh has become the first secondary school in Argyll and Bute to receive gold accreditation in UNICEF UK’s Rights Respecting School programme. Hermitage Academy is the second school in Argyll and Bute to receive gold accreditation – the first being Hermitage Primary in 2020. Link to Argyll and Bute’s Children’s Rights Report: https://www.argyll- bute.gov.uk/sites/default/files/childrens_rights_report_2020_final.pdf Link to Links to Argyll and Bute’s Child Poverty Action Report 2019 https://www.argyll-bute.gov.uk/sites/default/files/child_poverty_action_plan_0.pdf Scot Gov.: The UN Convention on the Rights of the Child: a guide for children and young people The UN Convention on the Rights of the Child: a guide for children and young people - gov.scot (www.gov.scot) Page 309
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12 Argyll & Bute Child Poverty Action Plan Review 2021-2022 The Promise A key consideration when looking at our work on tackling child poverty in Argyll and Bute must be keeping The Promise. The Promise, launched by the Scottish Government in Autumn 2020 originates in the findings of The Care Review and makes a commitment to care experienced infants, children, young people, adults and families, that every child grows up loved, safe and respected, able to realise their full potential. It demands a multi-agency approach to support shifts in policy, practice and culture across Scotland and make the difference that is required. In Argyll and Bute a strong, multi-agency commitment has been made to delivering on The Promise and that work has continued, despite the considerable barriers raised by the Covid-19 pandemic, EU exit and the current cost of living crisis. The Scottish Government is committed to Plan 21-24, this states that: Every child that is ‘in care’ in Scotland will have access to intensive support that ensures their educational and health needs are fully met. Local Authorities and Health Boards will take active responsibility towards care experienced children and young people, whatever their setting of care, so they have what they need to thrive. There are clear links between The Promise and tackling child poverty at a local and a national level. It states that there must be a significant, ongoing and persistent commitment to ending poverty and mitigating its impacts for Scotland’s children, families and communities. With both areas of work support for families within a whole family approach is emphasised, as is the need for organisations and communities to accept that creating real and sustainable change is everyone’s responsibility. Also shared is the recognition of the impact of disadvantaged and stressful living conditions and how they can interact to cause outcomes where poverty can lead to children becoming care experienced and families requiring wraparound support. In all of this the importance of children’s voices being heard is central and must be made a part of decision making and a process of listening to their needs and aspirations. Argyll and Bute HSCP makes this a central tenant of all their work and is committed to the recognition of the importance of Article 12 which states: Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law The United Nations Convention on the Rights of the Child; UN 20/11/89. Page 310
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13 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Argyll and Bute Council and the HSCP have made a commitment to tackling child poverty through delivering on The Promise and is working to ensure that this is reflected throughout its strategies policies and plans. It is recognised that the geography and the remote and rural nature of many small communities creates significant challenges in ensuring equality of services but there is a commitment to ensuring that happens. It is also recognised that this is a journey and that there will be more to accomplish along the way but some of the key developments over the last two years have included: Argyll and Bute has been a national Pilot area for the delivery of trauma training and, to date, in excess of 95% of education and residential care workforce have undertaken Trauma Training, either on line self-learning or delivered training. This training is across the whole workforce, including those responsible for the care and support of care experienced children and care leavers. The Bute and Cowal test site is exploring a model for intensive whole family support for children on the edge of care, in particular where parental substance misuse or poor mental health are key factors. Over 50 staff have completed DDP (Dyadic Developmental Psychotherapy) level 1 training and our first cohort have commenced DDP level 2 training. “Together Apart” assessment training has been implemented for social workers supporting brothers and sisters and permanence planning guidance has been revised to ensure greater weight is given to maintaining relationships. Restraints or “safe holds” have not been used in any of the three children’s residential houses for over 5 years. Staff have been trained in therapeutic crisis intervention which has contributed to no longer using these interventions. Who Cares? Scotland provides a widely understood relationship based advocacy service for all care experienced children. Parents affected by poor mental health or with learning difficulties have good access to independent advocacy through Lomond and Argyll Advocacy Services. There are plans to review advocacy services for parents with care experienced children. All foster carers have been offered trauma informed PACE training. A Principal Teacher for Care Experienced Children and Young People has been appointed to lead on improving educational outcomes to oversee their education. There has been an appointment of Health and Wellbeing Liaison officers in each local area to provide intensive support for care experienced children and their families. The implementation of a Care Experienced CAMHS service has been commenced. A Health Manager with specific responsibility for care experienced children has been appointed. Page 311
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14 Argyll & Bute Child Poverty Action Plan Review 2021-2022 50% of schools have signed up for the Rights Respecting Schools Approach and are following the framework for awards and 26% of schools are involved in Argyll and Bute’s Local Authority Nurture Strategy programme. There is a long established multi agency approach to early and effective intervention with young people to avoid criminalisation and target effective early help. All care experienced young people leaving care are entitled to maximum points and prioritised for allocation, housing and social work plan together to ensure that housing options are consistent with a young person’s identified needs. Our Challenge There is currently a higher percentage of children in low income families in Argyll and Bute than the Scottish national average. It is difficult to assess why this is the case but the difference in wage levels between Argyll and Bute and the Scottish average coupled with the higher costs of remote, rural and island living will be factors. It is also likely that the effects of the pandemic on our key employment areas, exacerbated by EU exit and the war in Ukraine, are important. The current cost of living crisis is being particularly felt in Argyll and Bute due to the high cost of fuel. The Council, ALIenergy and other organisations are employing a range of measure to combat fuel poverty and improve the condition of existing housing stock. Children in Low Income Families Argyll and Bute Scotland 2017 - 2018 17.3% 18.6% 2018 - 2019 16.7% 16.5% 2019 - 2020 17.2% 16.8% Households on Universal Credit - November 2021 Page 312
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15 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Total paid from Scottish Welfare Fund (Crisis Grants & Community Care Grants combined): 2018 - 2019 £443,243 2019 - 2020 £435,112 2020 - 2021 £641,017 Numbers in Receipt of Council Tax Reduction Council Tax Reduction Caseload 01/04/2021 6,531 Council Tax Reduction Caseload 2/03/2022 6,930 Population and Employment Argyll and Bute is a geographically large and diverse area and is the second largest local authority in Scotland at 690, 899 hectares. It is also the third most sparsely populated area with only 13 people per square kilometre or 0.13 per hectare compared to the Scottish average of 0.70 (Mid-Year 2017 Population Estimates. It covers almost 9% of the total Scottish land area (Census 2011). The area’s population of 85,870 live within an area stretching from Helensburgh and Dunoon along the Clyde, Loch Lomond to the East, the Mull of Kintyre to the south, Atlantic Islands to the west, and the Sound of Mull and Appin to the north. Nearly half of Argyll and Bute’s population (48.4%) live in areas classified by the Scottish Government as ‘rural’ while 17% live on islands. 80% of Argyll and Bute’s population live within 1km of the coast. Argyll and Bute has 23 inhabited islands (Census 2011), more than any other local authority in Scotland. The spread of population brings challenges in terms of infrastructure, services and providing employment. There is an aging population and this causes difficulties in terms of creating, attracting and retaining both employment and employees. Further the nature of the tourist industry (a major employer) means that it is difficult to source housing for people already in the area and those wanting to come and work. Providing good transport links and the right employability skills and qualifications are key to both meeting that need, encouraging new employers to the area and supporting existing ones. Population Total population (2020) Scotland Argyll and Bute Male 2,665,200 42,700 Female 2,800,800 42,700 Totals 5,466,000 85,400 Page 313
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16 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Population aged 16-64 (2020) AB Numbers AB % Scotland % All People Aged 16-64 50,500 59.1 63.9 Males Aged 16-64 25,900 60.6 64.5 Females Aged 16-64 24,600 57.6 63.3 The nature and level of income through employment is a key driver of poverty. In Argyll and Bute we have a very limited industrial base and our main employing areas are: tourism and the service sector. The percentage of people employed in low income sectors in Argyll and Bute has changed little in the last 5 years, from 32% in 2017 to 32.5% in 2020 (Annual Population Survey). Over 87% of employee jobs in the area are provided within the service sector, public administration, education, health, forestry and fisheries, food and defence. Employment and unemployment (Jul 2020-Jun 2021) AB Number AB % Scotland % Economically Active 39,700 77.6 75.9 In Employment 39,000 76.2 72.2 Employees 31,400 63.1 64.3 Self Employed 7,500 13.1 7.6 Unemployed 1,500 3.7 4.7 Whilst a higher percentage of people in Argyll and Bute are employed or self-employed than the Scottish average, wages are lower and it is more common for people to have more than one job, work part-time or be on zero hours contracts. There is a lower percentage of workless households in Argyll and Bute than the Scottish average, 14.7% compared to 18.1% (Dec-Jan2020). Lower wages, combined with the gender pay gap in Argyll and Bute, make it more difficult for women and single parent families led by a woman, financially. Average Earnings by place of residence (2020) AB (Pounds) Scotland (Pounds) Gross Weekly Pay Full-Time Workers 553.6 595 Male Full-Time Workers 606.7 626.3 Female Full-Time Workers 477.1 562.5 Hourly Pay - Excluding Overtime Full-Time Workers 14.64 15.63 Male Full-Time Workers 15.60 15.87 Female Full-Time Workers 13.54 15.31 Page 314
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17 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Median Weekly Earnings (Residence-Based, Full-time) 2018 £483.4 2019 £528.4 2020 £555.6 2021 £562.7 Gender Pay Gap in Argyll and Bute Argyll and Bute - Ranked 12 in table of local authorities Men earn 13.6% more than women. Greener Development and Sustainability We are committed to creating green jobs and businesses within a low carbon economy and giving young people the skills they need to become involved in this work. Examples of this include successful projects put forward to the UK Community Renewal Fund by Argyll and Bute, including the West Coast UAV Innovation Logistics and Training Hub, and Curriculum Development for STEM Hub Projects. Also, being considered under the Scottish Government’s Islands Programme (IP); is the Island Community Hall Connectivity Project – which would enhance digital connectivity to allow access to superfast broadband. Community Halls and Centres would operate a new hybrid-meeting model and act as community digital hubs. Another example, being developed as part of the Rural Growth Deal, is creating a Low Carbon Economy. This includes exploring options for the decarbonisation of Islay using a ‘whole systems’ approach that will consider power, heat and transport as well as placing the needs of the individual and business consumer at its centre to ensure that future energy systems are sustainable and support inclusive economic growth. In addition there are other areas of work, such as providing free period products, developing school clothing banks and the Food Forum that offer an opportunity for poverty actions and sustainability to be more closely aligned in a way that helps to tackle stigma while enabling dignity and choice for those in need. Page 315
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18 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Training One of our commitments for the year 2021 – 2022 was to deliver training, related to understanding and tackling child poverty, for a wide range of staff groups across Argyll and Bute, including HSCP, Education and the Third Sector and Housing. This was made possible by monies from the Flexible Fund which enabled us to commission the Poverty Alliance, Child Poverty Action Group and One Parent Scotland to work with us. A number of training packages were developed and delivered on multiple occasions over a three month period. It was also agreed that Poverty Awareness Training would be delivered to Councillors following the May elections .Take up was good across the board and it is hoped that we will be able to repeat some of this training in 2023. Courses had different target groups and the intention was to have both practical and consciousness raising outcomes. For example the course Single Parent Poverty Awareness was aimed at all sector workers with an interest in understanding the specific issues, misconceptions and barriers single parents face and why single parents are uniquely placed in the poverty statistics. Also for managers who employ single parents and may want to know more about potential barriers to work faced by single parents and how they may single parent proof their practices. Poverty Awareness Training was delivered in partnership with Argyll and Bute Council by a consortium formed of the Poverty Alliance (PA), One Parent Families Scotland (OPFS) the Child Poverty Action Group in Scotland (CPAG) to a total of 220 professionals, over 20 occasions, was rated valuable or very valuable by all 81 participants who completed evaluations and was most commonly described as ‘informative’. Not only was it perceived as very valuable / valuable by most participants but it enabled us to see what a large number of staff identified as priorities for address poverty in Argyle and Bute summarised as: • Investment in employment opportunities, transport, • Transport and access to public transport • Access to health care services • Access to childcare • Access to further education and support to young people • Access to affordable good quality housing Page 316
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19 Argyll & Bute Child Poverty Action Plan Review 2021-2022 One of the most positive things to come out of the training was the powerful messages that staff took form it to carry forward into their professional and personal lives, hopefully improving services for those experiencing poverty and deprivation. It was noted that whilst a local member of the Scottish Youth Parliament attended as did two local young Poverty Champions, it would have been better if more young people could have attended. It was also noted that most participants were female and the course could have been more balanced on gender. Page 317
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20 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Other Courses: There were also a number of courses for those who worked directly with families and needed to know how best to help them in areas such as Social Security and other benefits; how to make sure that people are claiming their full entitlement. These courses were well subscribed and received positive feedback; they included: • Benefit Basics in Scotland • Payments for Children in Scotland • Supporting Low-income Families • Scottish Social Security – an Introduction COURSE DATE Single Parent Poverty Awareness January to March 2022 Benefit basics in Scotland 12 – 13 January 2022 Payments for children in Scotland 18 January 2022 22 March 2022 Supporting low-income families 25 January 2022 18 / 23 February 2022 2 / 14 / 30 March 2022 Scottish social security – an introduction 9 March 2022 24 March 2022 Poverty Awareness Training January to March 2022 In addition to the commissioned training events there has been the delivery of Money Counts Training. The Money Counts Level 1 awareness session was co-developed by the Highland Money Counts Partnership including the Trussell Trust, NHS Highland, Highland Council and Social Security Scotland, in partnership with the Independent Food Aid Network and Nourish Scotland. It is has been adapted for Argyll and Bute and is currently delivered by Heather McAdam from NHS Highland and Mags Todd from A&B Council. The sessions aimed to: • Increase understanding of poverty and its impact; • Increase confidence to ask about money worries; • Increase knowledge of support services for money matters. The sessions also raised awareness of the Independent Food Aid Network (IFAN) Argyll and Bute Worrying about money? Leaflet and encouraged participants to use this when discussing money issues with clients. These sessions are still taking place. Considerable efforts have been made by a raft of organisations and departments to ensure that every household in Argyll and Bute receives the IFAN Leaflet and this has included sending it out with Council Tax bills and making it available via Council and other media sites, Community Groups, Living Well Networks and Food Banks. Page 318
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21 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Key Areas of the Plan: A. Increasing Income from Employment and Earnings 1. Employability Delivery of the Parental Employability Support Fund (PESF) continues within the broader context of the No One Left Behind policy direction. https://www.argyll- bute.gov.uk/forms/contact-employability-team Eligible participants must have the right to live and work in the UK and are: • Lone Parents who are unemployed or experiencing in work poverty Page 319
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22 Argyll & Bute Child Poverty Action Plan Review 2021-2022 • Parents with a disability or families who are unemployed or experiencing in work poverty and have a disabled child • Parents who are unemployed or experiencing in work poverty and have 3 or more children • Parents from a minority ethnic background who are unemployed or experiencing in work poverty • Parents who are unemployed or experiencing in work poverty and have a youngest child • Parents who are aged <25 who are unemployed or experiencing in work poverty The main objectives/expected outcomes are to support the delivery of the Scottish Government’s Parental Employability Support Fund (PESF) to deliver a flexible and 17 user-based model of employability support for the parental groups identified in Every Child, Every Chance: tackling child poverty delivery plan 2018-2022, through appropriate support focusing on intensive key worker support. With effect from May 2022 the PESF Employer Recruitment Incentive (ERI) programme is also offered by Argyll and Bute Council. ERIs play an important role in supporting those with the greatest barriers to employment, to enable them to obtain and remain in sustainable employment. The ERI is available to use as a contribution to the additional costs of recruiting and sustaining eligible participants in employment. The ERI can be utilised in several ways such as for additional supervisory costs, training, initial travel to work costs, specialist in work support, or wages. Up to £6,000 per participant is available, this allows employers to offer unemployed parents the opportunity to move into permanent or a fixed term employment contracts of up to 18 months or more. Fair Start Scotland (FSS) is currently being delivered by Argyll and Bute Council’s Employability Team on behalf of People Plus. https://www.argyll-bute.gov.uk/forms/contact-employability-team To be eligible participants must be: • Living in Scotland and eligible to work in the United Kingdom; • over 18 and out of work; or • 16 or 17 and are either disabled or in receipt of Employment and Support Allowance or Universal Credit This service is targeted at those who wish to receive individually tailored support to find and remain in employment or self-employment. The Young Person’s Guarantee also offers Employer Recruitment Incentives (ERIs) of up to £6,000 per participant. This allows unemployed young parents aged 16 to 24 years the opportunity to move into permanent or a fixed term employment contracts of up to 18 months or more. https://www.argyll-bute.gov.uk/helping-people-work Page 320
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23 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Young people (including graduates) entitled to receive support through the YPG Employer Recruitment Incentive (ERI) are those who: • Have the right to live and work in the UK • Are currently resident in Argyll and Bute • Are unemployed (or on a paid work experience programme such as Kickstart and Community Jobs Scotland) and meet one or more of the following criteria: • Disabled and/or deaf person (includes those experiencing mental health issues and those who have an impairment or long-term health condition) • Care experienced young people • Primary Carer • Person with a conviction (including Criminal Protective Orders) • No or limited work experience • Early leavers from the armed forces, veterans, and ex-forces personnel • Long-term unemployed (6 months or over) who are not on Community Work Placements • Person who has failed their ESA Work Capability Assessment • People from Ethnic Minority backgrounds and racial groups, with a targeted approach informed by local population data. • Gypsy/travelling community • Partner of current or ex-Armed Forces personnel • Person requiring support with language, literacy, or numeracy, including those for whom English is an additional language • Lone parent • Low skilled • A young person who was receiving additional support for learning in school • Refugee or other granted leave to stay in the UK • Homeless person (including temporary or unstable accommodation) • Person affected by substance misuse. The No One Left Behind also offers Employer Recruitment Incentives (ERIs) of up to £6,000 per participant. This allows unemployed participants aged 25 to 67 years the opportunity to move into permanent or a fixed term employment contracts of up to 18 months or more. https://www.argyll-bute.gov.uk/helping-people-work Participants entitled to receive support through the NOLB Employer Recruitment Incentive (ERI) must: • Have the right to live and work in the UK • Be aged between 25 and 67 years up to 67 years (Pensionable age) and experiencing barriers to employment; • Reside in Argyll and Bute • Be unemployed and not participating in the Scottish Government’s Fair Start Scotland programme. Page 321
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24 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Successes and Challenges Parental Employability Support Fund (PESF) To date 47 parents across the 6 target group have signed up to receive support from our two PESF Engagement Workers, of these parents: 32 (68%) were unemployed and 11 (32%) low income employed on commencing support. 9 of the 32 unemployed have now ceased support. All 9 are in a positive destination, 8 in employment (89%) and 1 has moved into full time education (11%). 2 of the 11 employed have now ceased support, 2 (100%) of these parents have experienced an increase in their household income. Case Study – Employed Parent on Low Income Who – tell us about the participant A is a 30 year old mother of three children. She was a self-referral to PESF and had become aware of our service via one of Argyll and Bute Council’s Facebook posts. She was working part time as a Carer and hoped to increase her household income. Barriers Identified A’s main barrier was the lack of affordable childcare for her youngest child which was preventing her from taking on any additional hours. During the completion of her Initial Needs Assessment she expressed an interest in starting up her own cleaning business. She thought that this would be a way for her to take on additional hours whilst working around her children/childcare at the same time. Impact – how has the participant changed or moved forward that would not have been the case without the support (training /learning participation progress made including soft skills and any milestones / outcomes achieved). Her PESF Keyworker discussed various options and a referral was put into the Business Gateway on her behalf. Through the support of PESF and Business Gateway A has now set up her own small cleaning business which is going from strength to strength. She is taking on new clients on a regular basis and due to her self- employment she is able to work around her children thus avoiding any further childcare costs. Her 3 year old has secured a place within one of our local nursery settings. This will then enable her to take on further additional hours. Her new business has made a significant difference to her household income, which will increase further when her youngest child starts nursery. Page 322
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25 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Quote from participant – their views on the support offered and outcome achieved? “I am very grateful for the help and support I’ve received from my PESF Key Worker. Starting up my own business was something I had thought about for a long time but I didn’t know where to begin. She was really good at giving me all the information I needed and referring me onto the Business Gateway team. I am thrilled to bits to say that I now run my own business, I don’t have to pay any additional childcare costs and my income has increased. Thank you!” Case Study 2 – Unemployed Parent Who – tell us about the participant B is a 32 year old single parent of 4 children. She is currently unemployed and was referred to the Parental Employability Support Fund by the DWP. Barriers Identified B’s main barrier to work is the lack of affordable childcare in her local area. A secondary barrier was the fact that she had only completed primary school education and had left school with no qualifications. In her Initial Needs Assessment she expressed an interest in starting up her own nail technician business as this was something that she really enjoyed doing as a hobby for friends and family. She thought that this would be a way for her to find employment but work around her children and childcare at the same time. Impact – how has the participant changed or moved forward that would not have been the case without the support (training /learning participation progress made including soft skills and any milestones / outcomes achieved). Her Engagement Worker discussed various options however B was initially unsure about starting any type of college course to help achieve her goals. With the support of her Engagement Worker she agreed to sign up for an online nail technician diploma course where she could work at her own pace and own time. When B started her online course it became apparent that she would need training resources and materials to help her to complete it. PESF was able to purchase these for her. To date B has passed every module and is really enjoying the course. She has also approached hairdressers in her local area with a view to one of them allowing her to rent out space to set up her own nail bar in the near future. Page 323
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26 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Quote from participant – their views on the support offered and outcome achieved? “The help and support that I have received from PESF is fantastic. After leaving school at 12 years old I never dreamed that I would be able to complete any type of further education course. The PESF workers have also been amazing at helping me to purchase the materials and resources that I needed to complete my course. Without their help I could never have afforded to purchase these things. I am getting a lot more help and support than I expected, thank you” One major challenge has been recruiting staff to deliver PESF. A lack of suitable applicants resulted in non-appointment to the full time PESF Engagement Worker advertised. Fair Start Scotland (FSS) Fair Start Scotland has gone very well in the last year. Due to the pandemic delivery has continued remotely resulting in increased engagement by the participants. Feedback received highlights this is a preferred delivery method for all current participants. Referrals from island communities have also increased. Over the last 12 months 77 new participants commenced individually tailored provision FSS. Keyworkers supported these participants as well as existing caseloads and successfully moved a total of 39 into employment across a number of sectors. In work support is offered to allow continuation of support whilst in employment. As this is a voluntary service the challenge continues to be competition from other provision such as JETS, Kickstart, NOLB, PESF and the YPG. Parents in particular are opting for PESF, in the last year only one parent joined the FSS service. The Young Person’s Guarantee (YPG) The YPG has been well received in particular the 26 week waged opportunities available January to September 2021. A total of 62 young people (15 island based) commenced subsided employment with 46 employers (8 island based). These opportunities exceeded the target of 60 by 2. Of the 62 young people, to date 48 (77.41%) have moved into a positive destination; 37 (59.67%) remaining in employment with the same employer, 9 (14.52%) moved to work with another employer and 2 (3.22%) moved into further education. YPG Pre-employment Support delivered by Third Sector partner organisations, supported 74 formal learning agreements for young people by the end of March 2022. The target was originally 60. YPG volunteering opportunities delivered by Third Sector partner organisations supported 30 young people by the end of March 2022. Of these 3 have left early or Page 324
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27 Argyll & Bute Child Poverty Action Plan Review 2021-2022 completed; 2 (66%) have moved into employment and 1 has disengaged (33%). The remaining 27 young people are doing well and receiving support from a mentor based on individual need. Modern Apprenticeships delivered by Argyll and Bute Council’s ‘Growing Our Own’ Team saw 4 young people commence employment. One young person has completed his qualification and secured employment with another department, the remaining 3 are on track to complete. Training providers are continuing to work well with the apprentices. Kickstart Argyll and Bute Council is a Gateway Organisation for the UK Government’s Kickstart Scheme for 25 employers and 50 placements further to approval from the DWP on 18th February 2021. It is hoped that the Young Person’s Guarantee will be used to augment the support provided through the UK Government’s Kickstart Scheme by a further six months. Update: Argyll and Bute Council acted as a Gateway Organisation for 32 employers offering 66 work placements. Despite DWP’s best efforts just 38 work placements were filled and the remaining places were either withdrawn due to lack of suitable applicants or the employer decided not to proceed in the scheme. Partnership Action for Continuing Employment (PACE) Monies received to fund a Single Point of Contact and Engagement Worker for employers and individuals across Argyll and Bute were not fully utilised due to a lack of interest in the posts advertised. This is thought to be due to the short nature of the contracts. Fortunately the tsunami of unemployment predicted due to the pandemic did not materialise resulting in minimal PACE activity. Following re-advertisement one post was filled, 50% funded by PACE 50% No One Left Behind up until end March 2022. Plans Ahead To recruit an additional full time PESF Engagement Worker to allow additional marketing of the service and increased engagement with parent target groups. To continue marketing of FSS service to encourage parents to sign up to receive support should this be identified as the best option to suit individual needs. Phase 2 YPG continues with 90 Employer Recruitment Incentive places by end of March 2023. To date 39 of these have been filled to include 10 Kickstart extensions. Interest is increasing from employers who are keen to take advantage of the funding on offer to recruit a young person. YPG Pre-employment Support for 2022-23 (partner delivery) has a target of 54 individuals, where 60% enter a positive destination. Page 325
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28 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Pre-employment Support, NOLB (aged 25+) (partner delivery) has a target of 42 individuals, where 60% enter a positive destination. Long Term Unemployment Intermediate Labour Market Support (aged 25+) focuses on the delivery of a caseload of 28 (partner delivery), where 70% enter sustainable employment by March 2023. ABEP improvement Action Plan completed and residual actions now incorporated into the ABEP Delivery Plan, 2022-25 (working document) and submitted to the Scottish Government. UK Shared Prosperity Funding Investment Plan, 2022-25 to be prepared by 1st August 2022. In-house employability provision to be incorporated under the people & skills investment priority, as team reliant of external funding. Based on the No One Left Behind policy direction, focus has been given to strengthening Local Employability Partnerships to take forward the No One Left Behind Phase 2 Delivery Plan. The preparation of a Local Delivery and Improvement Plan, and the COVID-19 response based on the principles which underpin the approach contained within the partnership agreement with the Scottish Government. Updates on previous review content On the 3rd November 2021 it was announced that eight of the 11 Argyll and Bute bids to the UK Community Renewal Fund (UKCRF) had been successful, and a three month extension has been granted for project delivery from end of March 2022 to the end of June 2022. This is a fantastic result for the area, with an overall award of circa £2m. The successful projects, listed below, will contribute to the economic and social recovery of Argyll and Bute, plus many will provide significant input to the outline and full business cases for Rural Growth Deal proposals. UK Community Renewal Fund – Successful Projects for Argyll and Bute Project Name Project Value The Seaweed Academy £399,721 MACC Hydrogen Futures Viability Study £181,170 Optimising Carbon Sequestration for Community Wealth Building £260,000 The Dunoon Project Stage Two £352,600 West Coast UAV Innovation Logistics and Training Hub £170,000 Curriculum Development for STEM Hub Projects £100,000 Driving Economic Growth Through a Bounce Back Curriculum £269,856 Recovery and Regeneration of Tarbert £257,250 Total Project Value £1,990,597 Work on key strands of economic activity continue, including Rural Growth Deal, Levelling-Up and delivery of Community Renewal Fund projects by a range of public and private sector stakeholders (as noted in Table 1 above). Page 326
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29 Argyll & Bute Child Poverty Action Plan Review 2021-2022 In particular, Argyll and Bute Council has received £1.449m from the Scottish Government funding to deliver COVID Economic Recovery Fund. A number of interventions have been approved to support local economic recovery and cost of living impacts on low-income households. This includes a Small Business Development Grant and a New Enterprise Support Grant, both offering financial support of up to £3,000 with associated eligibility criteria. It is anticipated that this funding support will be open to applicants in May 2022, with applications to the Small Business Development Grant open until 31st January 2023 and those to the New Enterprise Support Grant open until 31st August 2022, or sooner once funds are fully committed. An additional Sector Support Grant will also be launched in due course. All three grants will be administered by the Business Gateway team, Economic Growth. Argyll and Bute Council’s Employability Team has a number of sources of support available to help people into work - whether for young people looking to go into a job or further education, employers looking to set up job placements, or supporting the long-term unemployed to access skills, training and jobs. https://www.argyll-bute.gov.uk/forms/contact-employability-team https://www.argyll-bute.gov.uk/helping-people-work The Scottish Government’s Islands Programme (IP): New proposals, which would see major investment in a host of ambitious projects across Argyll and Bute’s island communities, are in development. Councillors approved a range of options for possible inclusion in a funding bid to the Scottish Government’s Islands Programme (IP). The initiative is a five-year, £30 million investment to help the delivery of the National Islands Plan (NIP). It supports projects that encourage population growth, deliver on Scottish Government net-zero ambitions and support a green economic recovery from the impact of the pandemic. The 2022/23 programme will see £4 million allocated across the six island local authorities via a competitive application process with a maximum of five applications per local authority. The projects under consideration include: Coll / Colonsay - enhancing airport infrastructure at Colonsay and Coll airports including; CCTV, creation of a small fire-training rig on both islands, improved accessibility and new white lining machinery and runway surface cleaning equipment. Mull - progressing phase two of Tobermory public realm work and flood resilience. Bute – a multi-use Places to Play games area next to Rothesay swimming pool and a play park adjacent to Winter Gardens/Visitor centre. Kerrera – the final phase of the new Kerrera North South Road. Islay – improvements to School Street, Bowmore, public toilets at Distillery House and a new footway to improve safety at the narrow section of the road. Jura - improved infrastructure for Jura Ferry including a permanent alternative access solution for small passenger only vessel when the Eilean Dhiura is off service. Page 327
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30 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Bute - provision of new business units for lease to aid recovery and growth. Port Ellen – enhanced access to Port Ellen ferry terminal to include improved footways from the ferry to the village, a wider road and new bus bay close to the island’s war memorial. Islay - new car parking next to Bowmore pier. Ulva - purchase of a larger ferry suitable for carrying pickups or trailers, loose freight and livestock. Island community hall - connectivity project – this additional option would enhance digital connectivity to allow access to superfast broadband. Community halls/centres would operate a new hybrid-meeting model and act as community digital hubs. Under the scheme, local authorities can submit up five applications each and must apply via a bidding process. Applications close 10 June 2022. Fergus Murray, Head of Development and Economic Growth said: As our island communities continue the process of recovery from the pandemic, a successful application to the Islands Programme would be a major boost to residents, businesses and visitors. As many of the projects are at varying stages of development; the challenge will be the competitive nature of the bid process, the short timeframe for both the submission of the bid and securing the funding within the timeframe. We expect a second round of the Islands Programme in 2023. Skills Development Scotland / Argyll and Bute School Service Offer - Our careers advisers work in partnership with every state secondary school in Argyll and Bute, delivering career guidance to enable young people from S1-S6 to develop their Career Management Skills via a range of group work and 1-1 coaching conversations. We work closely with our partners within the school to identify young person who are considered to be most at risk of not making a positive progression from school, helping those young people to develop their career management skills and move onto education, employment or training when they leave school. From 1 June to 31 December 2021, we delivered 2,317 Career Information, Advice and Guidance engagements for 1,475 school pupils through a mix of group and one- to-one sessions. For more information, please click on the following link. What We Do - Scotland’s Career Service School Leaver Cohort 20/21 - 801 young people left school during the 20/21 school cohort and our team worked hard over the summer months to follow up whose had left to ensure support was offered. The 2021 Annual Participation Measure showed that of the 3,168 16-19 year olds in Argyll & Bute 93.5% were in education, employment or training and personal development. Page 328
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31 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Post School Service Next Steps – Our service supports young people aged 16 – 18 (extended to 26 for care experienced young people) who are unemployed, helping them to build up their career management skills and move on to and sustain a range of options as appropriate: Training programmes, employability support, education and employment. From 1 April to 31 December 2021, we delivered 312 Career Information, Advice and Guidance engagements for 190 post-school customers through a mix of group and one-to-one sessions. Post school service: adults & PACE - Working in partnership with a range of partners to support local hubs helping unemployed adults to develop their career management and employability skills and move into employment. In Argyll & Bute our advisers have worked closely with the employability partnership (DWP & CLD) to deliver support via our local Youth Hub format. PACE: Partnership Action for Continuing Employment (PACE) is the Scottish Government’s initiative dedicated to responding to redundancy situations. Through providing skills development and employability support, PACE aims to minimise the time individuals affected by redundancy are out of work. PACE brings together 24 organisations, together with the Scottish Government to provide free and impartial advice, guidance and support for individuals affected by redundancy. PACE support is available to all individuals affected by redundancy. Advisers have extensive experience of dealing with redundancy situations and can: Help with CV, job search, applications, and interviews, advise on benefits, staff may be entitled to provide information on learning and training opportunities. PACE support is delivered using a variety of delivery methods including Face to face, PACE Helpline, through webinars and enhanced online resources. PACE Support in Argyll and Bute for the operational year April 2021 – March 2022 seen 5 employer and 47 individuals receiving PACE Information. Visit www.redundancyscotland.co.uk for more information or call 0800 917 8000 to speak to an adviser. My World of Work- Our website provides trustworthy, expert information and advice and it’s free to access for people at any stage in their career. The site is designed to support people of all ages and stages, with activities and tools to help them identify the opportunities open to them. Our school, post school and PACE career coaches have been supporting Argyll and Bute customers by sign posting them to My World of Work for opportunities and developing their career management skills. Parents and schools have been using this service to support pupils with their career journey. Find out more at www.myworldofwork.co.uk Care Experienced: Our advisers continue to work in close partnership with the Argyll and Bute Council Throughcare/After Care and Social Work teams to work with young people who are care experienced and to ensure our support is delivered at the right time and with the relevant support from other key workers supporting the young person. Page 329
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32 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Summary of Learning HUBS The Learning HUBS are being set up in 6 different locations across Argyll with Oban, Campbeltown, Lochgilphead and Rothesay currently in operation with Helensburgh and Dunoon coming on board by late summer. The HUBS are for Adult Learners from age of 16+ (who have left school). Adult Learning (Community Learning Services) set up and oversee them and have been working in Partnership with other Services to look at how they can collectively provide a holistic and safe space for those members of the community who are wanting to access learning and increase their skills development. Partners who are regularly or weekly involved alongside the Community Learning worker/s are SDS (Skills Development Scotland) and DWP Job Centre plus (JCP). Which brings added value and additional support. As the HUBS evolve other Partners will be invited to participate through session slots to raise awareness of their services or to give guidance and support. Within their communities. (This will be different to each local area). For example Housing, HCSP, Argyll College Learner can access the HUBS for support in: Life Skills for Work and Personal Development Basic Digital skills Employability support Accredited Learning Opportunities Study Skills Information and sign posting to services and other organisations Basic financial capability including budgeting Learners new to social media and Internet (how to use it to keep in touch with family/friends), online shopping, Banking, paying bills etc. Numbers of learners attending the HUBS are slowly increasing as Adult Learners start to return to “life after lockdown” Attendance: weekly average numbers mixture of regular attenders and Drop In/ attenders (may only attend once or twice) January 2022 – June 2022 (present) Learning HUBS Number of participants Lochgilphead 13 Oban 3 Rothesay 6 Campbeltown 8 Helensburgh 0 Dunoon 0 Area wide total across all areas combined On average 30 people per week numbers slowly growing Page 330
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33 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Council Apprenticeships Since April 2021, we have employed 7 new modern apprentices. 4 of which were funded as part of the Young Persons Guarantee which was supported by the Employability Team. This brings the total number of apprentices employed to 69. During this period, 6 apprentices have successfully completed their apprenticeship. Out of those 6, 4 have gone onto secure posts with Argyll and Bute Council. Overall, we still have a high rate of apprentices going onto secure employment with Argyll and Bute Council on completion with 75% off all apprentices completed securing a job with the council. As our apprenticeship vacancies are offered based on workforce need determined through our workforce planning process we are hopeful this rate will remain high. We have reviewed the tools we have in place to support apprentices and mentors to ensure apprentices continue to get a positive experience despite our hybrid working environment. We have also continued to offer our foundation apprenticeship in social services children and young people across schools within Argyll and Bute. They gain a qualification which is equivalent to a Higher and at the same time get to experience a work placement which provides them with key experience, skills and knowledge. This is not only a brilliant addition to a school leavers CV, but it allows Argyll and Bute Council to grow a quality Early Years workforce for the future. Argyll and Bute Council continues to works closely with schools to facilitate work placements for young people where possible and has established links with DYW Argyll to offer opportunities for young people in the local area where it is possible to do so. Over the past few months, we have begun to relook at our materials to support work placements and promote the council as an employer to provide awareness to young people of the opportunities which are available to them within Argyll and Bute. Education 2021-2022 Following a period of remote learning and prioritising the re-introduction of P1-3 pupils in schools, primary pupils returned to school full time from the 15th March 2021. From the 15th March, all secondary pupils received a combination of face to face teaching alongside remote learning. Secondary schools worked closely with their local communities and council to decide how to safely balance in school learning based on their local context. Senior phase students (S4-S6) who were taking national qualification were given priority for face to face lessons in school. After the Spring Break 2021, all pupils returned to full time in-school learning, with mitigating measures in place to support the health and safety of the school community and minimise disruption to educational continuity. Schools have managed changes to guidance throughout the academic year. Argyll and Bute’s schools have been consistently and effectively responsive to the directives of the Scottish Government. All education establishments continued to have contingency plans in place for any return to remote learning and effective communication with parents/carers from both schools and the Education Authority has been a priority. This has allowed schools to respond quickly to changing demands that Covid absences placed on our school communities. Page 331
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34 Argyll & Bute Child Poverty Action Plan Review 2021-2022 The Education Authority clearly recognises the risks which periods of school closure have posed for learners’ progress. It has been working closely with schools to ensure that all aspects of educational provision balance children’s welfare, health and wellbeing needs with the requirement to ensure that any gaps in learning caused by school closure are addressed. The Health and Wellbeing of our whole school community, Nurture, Literacy and Numeracy recovery and Outdoor learning have been key priorities in supporting the return to school. Assessing learners’ progress in literacy, numeracy and other curricular areas, in order that the next steps in learning can be identified, has remained a priority. The role of PT Recovery and Renewal – Literacy and Numeracy was created in October 2021. Since then, we have used authority data to establish contacts within a number of schools where pupils were at risk of falling behind. The PT Recovery and Renewal has worked with head teachers within these schools to consider how best to target interventions and, where appropriate, offered training in delivering interventions to ASN and teaching staff. This is central to closing the attainment gap. Parents / carers have been supported through the development of a website outlining simple ways in which they can support their child’s learning at home. Bespoke training in a range of literacy and numeracy resources has been delivered to staff. Individual school support has been provided as well as a range of CLPL opportunities for staff across the authority, focussing particularly on developmentally appropriate pedagogical approaches that offer support and challenge for pupils at their stage of development, rather than their chronological age. Many CLPL opportunities focus in particular on writing as this is an area where pupils have struggled over lockdown. Digital technology has continued to be used to engage pupils and parents with online platforms such as Google Classroom, Microsoft Teams and SeeSaw. Schools have continued to respond to pupil needs and family circumstance, where possible, providing materials during periods of isolation. Recognising the importance of family involvement and engagement in improving outcomes for children and young people, the local authority invested in technology to ensure that Parents’ Evenings could continue via online appointment sessions. A PT of Nurture was appointed to support the delivery of Trauma training and the development of Trauma Informed schools as part of our “Our Children Their Nurturing Education”. This work has been implemented to date through 2 cohorts (in March 2021 and November 21) of training and has engaged 29 schools to date. From this, 5 schools have achieved bronze accreditation (Nurture Committed), 2 have achieved silver (Nurture Aware). A third cohort of training will focus on early years establishments. Our Children Their Nurturing Education (OCTNE) and the work of our schools is included as the first case study in Education Scotland’s published report Health and Wellbeing: a thematic review, sharing the effective interventions delivered in Argyll and Bute. The mental health and wellbeing of pupils has been further supported by the introduction of counselling service within schools has also helped support the health and wellbeing of young people. Outdoor learning has been key approach to re-connecting pupils to their school community, providing a healthy learning environment, looking after physical wellbeing, re-establishing positive relationships and managing the change from learning at home to learning in school. The education services have been working closely with local Page 332
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35 Argyll & Bute Child Poverty Action Plan Review 2021-2022 outdoor education providers since March 2021 to support children and young people throughout the authority recover from the impact of the Covid-19 pandemic. Originally, the providers worked with the secondary sector whose young people were learning from home and in some cases not engaging with school. These young people were offered a chance to carry out activities that were out with their normal comfort zone. Activities included: team building, fire building skills, orienteering, map reading and archery. Following the summer holidays, the programme was extended to include every school across Argyll & Bute, including those very remote, rural schools. Feedback on the programme has been positive from all involved, including parents, teaching staff and – most importantly – the young people themselves. Active Schools provided further targeted support for young people who struggled with the transition back to school, using sport and teamwork to raise self-esteem and help pupils re- establish a sense of belonging. Primary Schools have also capitalised on outdoor learning opportunities. The success of this work was evidenced within Thematic Inspection evidence by Education Scotland that examined outdoor learning approaches. Argyll and Bute features in the report as a result of these thematic inspections. A Maximising Attendance working group has examined attendance issues within schools since the return to school in August 21. A Principal Teacher for Maximising Attendance (temporary) was appointed (April 22) to work with schools and families to address barriers to attendance in order to improve outcomes for children/young people and their families. A summer programme of events delivered to young people across Argyll & Bute Council who were adversely affected by the impact of the Covid-19 pandemic. The programme was funded by Scottish Government and was run by Argyll & Bute Council in partnership with other organisations. The funding was for the delivery of activities, childcare and food for children aged 5-14 years old from low income families. We engaged with around 1,600 young people each week of the 3 week programme. There were 3,000 eligible. Planning is underway for the Summer Activities again this year. There have been some changes to the eligibility criteria. We will continue to target families as we did last year, although the priorities laid out this year are as follows: • Children from lone parent families • Children from ethnic minority families • Children from families with a disabled adult or child • Children from families with a young mother (under 25) • Children from families with a child under 1 year old Children from larger families (3+ children) Based on the criteria, the number expected to be eligible is in the region of 4,000. 20 Education staff signed up for the Poverty Awareness Training delivered by the Poverty Alliance through Argyll and Bute Council. There was representation from all across the education service at this training including Early Years, Education Management, Head Teacher, class teachers and Family Liaison Workers. Pupils from a secondary school Pupil Equity Group were also invited to attend this training. In Page 333
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36 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Partnership with the Child Poverty Action Group, a follow up professional learning session was delivered to discuss approaches to capturing parent and youth voice on child poverty. Work was highlighted that had been undertaking in schools with regards to the cost of the school day. This session resulted in some small group work and targeted individual work to capture the views of those with lived poverty experience. This will feed into individual school Pupil Equity Fund Plans and School Improvement Plans. Strong parental and pupil voice views express that the school clothing recycling/exchange programmes are welcomed. A parental survey undertaken in March 22 showed that 62% of parents/carers agreed or strongly agreed that the cost of the school day was affordable. Those strongly disagreeing equated to 6.5% of respondents with the remaining neither agreeing nor disagreeing. Survey evidence from 2 of our large secondary schools demonstrated that there are a lot of activities to do within Argyll & Bute, however 14% identified a lack of transport as a barrier to accessing activities. 35% of young people identified that they rely on parents/carers to transport them to activities because they are living in a countryside location; this is 19% higher than the Scottish comparison. 4% of pupils cannot participate in activities outside of school due to finance, this is 1% below the Scottish comparison figure. On 10th January, under 22’s have been eligible for free bus travel in Scotland. Schools have supported the promotion of this entitlement. Early Years Following a period of remote learning and prioritising the reopening of all ELC settings and childminders, children returned full time from the 15th March 2021. Mitigating measures are in place to support the health and safety of the nursery community and minimise disruption to their education and its continuity. The settings in Argyll and Bute have been consistently and effectively responsive to the directives of the Scottish Government and adhered to guidance from the Care Inspectorate. All settings continued to have contingency plans in place for any return to remote learning and effective communication with parents/carers from settings and the Authority’s Early Years Team have been a priority. The Early Years Team has supported settings continuously over the last year when there have been high rates of absence due to Covid-19, to ensure that the settings remained open for children to access their education. Our Cluster Leads, in particular, have planned for and carried out targeted work for children living in lower bands of SIMD. Our Family Support workers have been liaising with Health Visitors to support families to address health and well-being concerns, parental advice and supporting children returning to ELCs after a period of closure. The support officers have worked closely with settings to track and assess learners’ progress in literacy, numeracy and other curricular areas, in order that the next steps in learning can be identified. Significant CLPL opportunities have been offered to staff to focus on Covid recovery to support all children. These training sessions have been very well received with a high percentage of staff accessing these and implementing advice into their own settings. Page 334
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37 Argyll & Bute Child Poverty Action Plan Review 2021-2022 A PT of Nurture was appointed to support the delivery of Trauma training and the development of Trauma Informed schools as part of our “Our Children Their Nurturing Education”. There is to be a new cohort of training which will focus on early year’s establishments. Outdoor learning has been a key outcome on the Early Years annual plan and delivery of training has continued to take place throughout all areas. Our target of a minimum 50 percent of time being outdoors has been met and exceeded in 98 percent of all settings. This is providing a healthy learning environment, looking after physical wellbeing, re-establishing positive relationships and managing the change from learning at home to learning in ELC. Our Cluster Leads will continue to extend their training into the next academic year. UHI Argyll and University of the Highlands and Islands The academic year 2021/2022 has continued to be heavily impacted by Covid-19 with very little direct face to face teaching being possible. Courses with heavily practical elements were prioritised for access to college premises but theory classes were all delivered remotely using the college virtual learning environment and Webex platforms. This meant that the college had to ensure that all students had access to suitable IT equipment for this. More than 80 laptops were loaned out to students for the duration of their course, most of these were laptops purchased by the college using Scottish Digital Poverty fund and the college’s own resources for this. Unfortunately cheaper Chromebooks and tablets are not compatible with the different technologies used to deliver quality remote learning so the provision of reasonable spec laptops was essential. Connectivity issues were difficult to manage at times as the local infrastructure meant that dongles were often not effective either in areas where there was poor internet. Although most of the learning was carried out remotely teaching was still based around timetabled classes so that students could still link in and get an element of classroom experience. Support staff continued to support students to access relevant funding – Bursary, EMA, Student Loan etc. and provided a lot of one to one help with this. Scottish Government provided Covid-19 support funds via SAAS and Scottish Funding Council to allow students and families to get more support where Covid-19 had caused additional hardship. At least 30 students were helped from these funds. Since March 2022 there has been a noticeable increase in students applying to the Hardship funds for support with cost of living increases. The rise in fuel price has been cited by students as the most common cause of further hardship. This situation looks likely to continue in the next academic session. The College Counselling service has been more heavily used during 2021/ 22 than the previous year with 42 students benefitting from this service. This rise in numbers was not unexpected and the college Counsellor was able to cover this with only a slight increase to waiting times (these still remained at two weeks or less). Students also are encouraged to access Wellbeing Resources managed through Togetherall and Spectrum Life – two online services subscribed to by UHI. Other college support services continue to be delivered through a mix of online and face to face. Learning Support has often been extremely effective for students when Page 335
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38 Argyll & Bute Child Poverty Action Plan Review 2021-2022 delivered via Webex or other platforms, finding it more convenient to arrange support times, have quick “drop in” meetings etc. Information that would normally be promoted to students via posters within the learning centres is passed out by email / social media campaigns from time to time, co- ordinated with visits to the online classrooms to give more information. Examples of these would be reminding students of the availability of period products via Hey Girls, where to find information and support for gender based violence etc. Over the last year all our centres have front line staff that have undergone Gender Based Violence awareness training and Scottish Mental Health First Aid training. B. Increasing Income through Benefits Flexible Food Fund Launched on 11 January 2021 the Argyll and Bute Flexible Food Fund (FFF) uses funds provided by the Scottish Government to support people with financial insecurities to pay for food and fuel during these tough times. The fund provides a payment made to householders if they prove that they do not have the minimum income in their bank accounts to cover the costs of food and/or fuel for a month. Householders or claimants are then incentivised to engage with the advice agencies, Bute Advice Centre and ALIenergy, by securing a second monthly payment if there is evidence that they have taken advantage of these professional services to help them learn how to manage their financial situation in the medium to long term. Failure to engage with the service means that no further grant funded support is made to the claimant. Householders or claimants are encouraged to make claims to the Flexible Food Fund online using an electronic form on the Council website however an alternative gateway is available through the Argyll and Bute Community Food Forum which involves all of the foodbanks in the area. This means that people regularly presenting at foodbanks for food packages are also getting referred to the FFF project where their needs for immediate support is assessed as is their overall circumstances. They are given the support they need to enable them to live on the resources that they are entitled to receive. Over 95% of householders or claims submitting a claim are engaging with the advice services. • Advice services provide the following support: • Money advice, money management and budgeting skills; • Income or benefit maximisation; • Debt advice; • Fuel poverty advice including; • Access to fuel vouchers; • Debt relief; • Warm home discounts; • Home heating, efficiency measures, switching, support with appliances and the home heat fund. At the end of April 2022, after just under 16 months there has been 1,007 families supported and the combined total client gain is £1.325 million meaning that the Page 336
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39 Argyll & Bute Child Poverty Action Plan Review 2021-2022 average client gain per household is £1,315. In addition the team are managing a debt portfolio of £174,000 across all claimants where they continue to negotiate with creditors to reduce the arrears of individuals and families receiving support. The project has received acclaim as being highly commended at the Institute of Revenues Rating and Valuation (IRRV) for Excellence in Innovation. Between August 2021 and November 2021 a team of staff from the project travelled across Argyll and Bute promoting the project and networking with other key frontline staff in many of our most rural communities in order to provide additional support to those struggling the most. Bute Advice Centre (BAC) collaborated with IFAN and representatives from the Argyll & Bute Community Food Forum to create a leaflet that highlighted advice providers across the region. A section specifically highlights the Flexible Food Fund. These leaflets were distributed widely. Around 7000 have been provided to clients and support services through the roadshow. The case studies below show the impact that this project is having in supporting people in Argyll and Bute. Case Study 1 Family A single parent in Helensburgh was able to secure a new job having been unemployed for some time. With young children to provide for she was very concerned about her finances and coming off Income Support after such a long time. The client was reassured and given support to claim UC. She was also advised of the need to claim separately for her council tax relief. She was surprised as she had always believed she claimed them together. Her adviser explained that the same system was not in operation under UC. This prevented council tax arrears accruing. The client was surprised at how much better off she was in work. She has yet to organise her childcare but when this happens her adviser will support her to access financial help. The FFF project has brought relief to a young mum who was worried about this big change in her life and the initial financial challenges. Case Study 2 Client L is a woman who is currently unemployed and has been throughout Covid times since she is so extremely allergic to latex that she will have an extreme reaction if, for example, she is on public transport and another passenger at the other end of the bus/train carriage is wearing latex gloves. Her rented flat is centrally heated by old electric storage heaters. She has found these to be very expensive and ineffective so Page 337
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40 Argyll & Bute Child Poverty Action Plan Review 2021-2022 she has them turned off and relies on her coal fire to heat the whole flat. She lives in fuel poverty i.e. she spends more than 10% of her benefit payments on electricity and struggles to afford food. She was, indeed, referred to Alienergy by the Bute Advice Centre who have helped her access the Flexible Food Fund run by the Argyll and Bute Council which awards food vouchers to those in need, i.e. a more anonymous version of a food bank. Initially when Alienergy contacted her, L assumed that we were cold- calling electricity suppliers and was brusque and dismissive and hung up prematurely. Alienergy persisted and were able to gain her confidence. L told Alienergy that she ate meals at friends’ houses whenever she was invited on days when she had no money but she was afraid of the shame of asking them, ever, for a meal or telling them how poor she had become. When L found she had no money at all, she correctly contacted her electricity supplier and told them and they froze her debt repayments until she had a bit more. Alienergy are registered with the Fuel Bank of Scotland and thus were able to apply to the Fuel Bank Heat Fund for a fully funded 50kg load of coal to help her through the winter. The Heat Fund organised delivery with of her normal smokeless coal preference with her normal local supplier and paid for it including the delivery charge which occurred within a few days. Alienergy also successfully applied for 3 x fuel vouchers worth £49 each to top up her electricity prepayment meter with credit to keep her from having to self- disconnect and live without power in her home in the depths of winter. Alienergy helped decipher somewhat confusing mail that L had received from her electricity supplier, give her general advice on her tariff type and changing to a competitive supplier options and advice on how to reduce her consumption with a few adjustments to her behaviour. New efficient appliances can help with reducing electricity consumption and Alienergy ascertained that of L’s white-goods, her fridge-freezer was old, second hand and faulty to the point of being dangerous to health. With L’s consent and cooperation, Alienergy made a successful application to Glasspool Trust who provided the funds for L to procure a new fridge/freezer and get it delivered and installed. L is very glad that Alienergy persisted in trying to contact her and said in an email: “Oh gosh thank you so much you're so helpful. Client Gain through Advice Activity: Once again Advice Services across Argyll and Bute have managed to make a considerable difference in the lives of people who are struggling. The table below shows the client gain from 1 April 2021 to 31 March 2022 for the citizens of Argyll and Bute as £10,165,000. Organisation 2021/2022 (£) Bute Advice Centre 1,866,000 Argyll and Bute Council Welfare Rights 2,729,000 ACHA Welfare Rights 4,192,000 Argyll and Bute Citizens Advice Bureau 1,068,000 ALIenergy 310,000 TOTAL 10,165,000 Page 338
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41 Argyll & Bute Child Poverty Action Plan Review 2021-2022 A book entitled “Do You Have Money Worries” has been produced and circulated widely; it contains a wealth of information on how to maximise income and deal with a host of issues and challenges created by the cost of living crisis. C. Cost of Living Housing Affordable Housing Often, a family's most significant monthly expense is their rent/mortgage; providing more affordable homes will alleviate a critical driver that pushes families into poverty. The first objective of the Local Housing Strategy is to provide an adequate supply of affordable homes. In 2021/22 there were 289 households with children under 16 rehoused via HOMEArgyll, out of a total of 733 RSL allocations, amounting to 39% of the total RSL allocations that year. In total this equates to 467 children rehoused in a permanent secure and affordable home. There are 636 families with children under 16 on the HOMEArgyll waiting list as of September 2022, out of a total active waiting list of 2,477 (26%). This amounts to 1,180 children in total in housing need. The housing strategy also aims to provide families with access to housing that is the right size to meet their needs. Research shows that children who live in overcrowded housing find it challenging to find a place to do homework and study, negatively impacting their life chances and keeps them trapped in a cycle of poverty. In September 2022 only 8% of families on the HOMEArgyll housing waiting list required a three-bedroom property and less than 3% required 4 or more bedrooms. Housing condition Tackling housing in poor condition will improve children and young people's standard of living. Research suggests a relationship between poor housing and lower educational attainment, and if this is so, then the life chances of children and young people are affected. Hence, it affects the standard of living for children and young people at this time and reduces their standard of living as adults and or parents. The Council supports discretionary repair and improvement work as well as mandatory disabled adaptations to private sector properties via the Private Sector Housing Grant while housing associations carry out planned cyclical maintenance and improvement works on their stock and deliver necessary adaptations with investment from the Scottish Government, all of which can benefit local residents and property owners including those with young children to improve health and well-being and tackle poverty. Page 339
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42 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Link between housing age and fuel poverty The age of a property has a significant impact on whether the household will be in fuel poverty. Fuel poor households and those in extreme fuel poverty are more likely to live in homes constructed pre-war rather than post war, as can be seen by the table below. Table 1: Age and type of housing of those in fuel poverty 2017-2019 (data is correct at time of publication) Link between housing type and fuel poverty Table 1 shows that households in fuel poverty are also more likely to live in a flat (40%) compared to those who live in a house (29%). This is also the case nationally. Conversely, in Argyll and Bute those in extreme fuel poverty are more likely to live in a house. Link between housing location and fuel poverty Fuel poverty is not equally distributed throughout Argyll and Bute but rather more marked in some housing market areas. For example Figure 1 shows that Bute has 41- 50% of the population in fuel poverty whereas Cowal has less than 20% in fuel poverty. Fuel poverty hot spots are in the islands, Kintyre and Oban and its hinterland. We will work in partnership to address fuel poverty and prioritise fuel poverty hot spot areas. Page 340
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43 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Figure 1: Fuel Poverty in Argyll and Bute (data correct at time of publication) Energy Efficiency and Affordable warmth The Government has recently raised the Energy Price Cap, which has resulted in a sharp rise in energy costs adding hundreds and, in some cases, over a thousand pounds to a household's energy bill. These cost increases will push many families into poverty. Housing Services are working with partners to ensure that households reduce energy consumption to alleviate the spiralling costs of energy in their homes. The LHS outlines a series of actions to reduce energy consumption, such as: Houses developed through the Strategic Housing Investment Plan (SHIP) will be energy-efficient new build homes. One of the Council and Scottish Government prioritisation criteria for awarding SHIP funding is that these affordable new build homes should be designed and built to Greener Standards. In this authority, Registered Social Landlords (RSL) pioneered the development of the innovative Passivhaus model of housing at Innellan in Cowal. Another RSL has utilised SHIP funding to finance a new Passivhaus scheme in Garelochhead. These schemes require the home to have a 75% reduction in space heating requirements than a standard new build home. Several other energy efficiency measures and initiatives are being developed and piloted within SHIP new builds, such as district heating systems. There is a presumption that all future new builds delivered by the SHIP partnership will achieve these standards. However, new build homes only account for a small portion of housing stock. Minimising all families' energy consumption will require existing homes to be retrofitted with measures to improve the fabric of the building and increase energy efficiency. Page 341
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44 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Consequently, the building will require less energy to reach a comfortable temperature. Reducing the heating demand in homes will contribute to lower heating bills and hence help to alleviate child poverty. The Local Housing Strategy outlines the tools and programmes to improve Argyll and Bute's energy efficiency. These are as follows; The council has advocated taking a "fabric first approach", which ensures that the building's fabric is improved before insulation measures are installed. The insulation programme is financed by Home Energy Efficiency Programme Scotland: Area Based Scheme (HEEPS: ABS) and managed by the council. This scheme offers residents in Council tax bands A-C properties energy efficiency measures. The scheme is also open to properties in higher council tax bands, which were extremely energy inefficient. HEEPS: ABSs has invested almost £7.25m of energy efficiency measures in the local housing stock. Since 2017, 1,147 households have received insulation measures through the HEEPs ABS programme. Insulation measures make homes warmer while reducing energy bills. RSLs have implemented the Energy Efficiency Standards for Social Housing (EESSH) in most properties. In 2021 88% of properties were EESSH compliant. EESSH set out the minimum energy efficiency rating that social landlords were expected to achieve across their housing stock by 2020. Not all social housing stock can be made compliant with EESSH due to the building fabric, location, or mixed-tenure issues resulting in some exemptions or abeyances. The new EESSH2 proposals include further energy efficiency targets for social rented homes and incorporate a set of energy efficiency standards for Private Rented Sector (PRS) homes and owner- occupied homes. Since 2020, Argyll and Bute Council has supported ACHA with their Warm Homes Project. £1million is funding external wall insulation to private homes in mixed tenure blocks. This supports ACHA's broader programme where they are installing over 1,000 air source heat pumps across Argyll and Bute. ACHA has also secured Scottish Government Social Housing Decarbonisation Funding to pilot a demonstrator project. Installing renewable energy solutions is another lever that can reduce energy consumption. The council is currently working with HIE, Scottish Government and the local community on Islay to explore feasible options and scenarios that would assist in delivering local energy networks on the island to overcome grid capacity challenges. Additionally, there is a proposed Heat Network project in Iona, and both projects would aim to reduce energy costs and take some of the burdens from family finances. Registered Social Landlords are installing heat pumps to reduce the amount of energy used by households to heat their homes. Energy efficiency measures are essential to keep homes warm with minimal energy usage, reducing most energy bills and reducing families' financial burden. However, when households move from gas heating systems to electrical heating systems used by heat pumps, this can increase bills due to 1KWh of electricity being more expensive than 1 kWh of gas. To avoid this effect will require action at the Governmental level to reduce the price of electricity relative to gas which could be achieved by axing the "Green Levy" on electricity. Improving energy efficiency and providing affordable Page 342
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45 Argyll & Bute Child Poverty Action Plan Review 2021-2022 homes will address some of families' most significant expenses and the drivers of child poverty. Housing vulnerable families who are more likely to be in poverty The Local Housing Strategy recognises that children and families in particular situations are more likely to experience poverty, and hence the LHS outlines a series of actions to address disadvantage and alleviate poverty, such as: Preventing families and young people from becoming homeless. The housing options service assists families and individual young people aged 16-18 to identify the type of home they need and can afford, which reduces the number of failed tenancies, thus ensuring more tenants can remain in their homes. This preventative work reduces incidences of homelessness which contributes to reducing child poverty. There was a significant decline in the number of homeless children in Argyll and Bute over the last five years from 319 in 2017/18 to 175 in 2021/22. In 2021/22, 374 homeless cases were closed, of which 119 involved households with dependent children (amounting to 196 children in total) and 87 of these households received a positive outcome. ALIenergy Fuel Poverty The current crisis of fuel poverty and cost of living is worse in the rural north west of Scotland than anywhere else in the UK. There are reasons why fuel poverty levels are particularly high: there is typically a dispersed population and poor infrastructure; we have elderly demographics, low incomes, poorly insulated housing and bad weather; the pandemic hit people hard, because there is normally a heavy reliance on tourism; and crucially, there is a lack of mains gas, so people are forced to use more expensive heating options. Electric heating is typically 3-4 times as expensive as gas heating, but many households across Argyll and Bute have no choice but to use it. Regional statistics for fuel poverty in Scotland from the Scottish House Condition Survey show that in 2019, before Covid-19, fuel poverty already affected about one in three households in Argyll and Bute, and one in five were in extreme fuel poverty. Recently, revised Scottish Government figures show that fuel poverty is now estimated to be 43% higher than in 2019. This means that in the Argyll & Bute and Highland regions, fuel poverty is likely to be approaching 50% and extreme fuel poverty, probably almost 30% of all households – and further significant price increases seem likely yet to come. Enhanced media coverage has heightened awareness of the appalling and widespread nature of the challenge facing rural Scotland: many more households are now finding themselves in an increasingly desperate situation, many are self-rationing to the extent that they are seriously risking their health and wellbeing – and/or becoming deeply indebted to their energy suppliers in order to keep warm. Argyll, Lomond and the Islands Energy Agency (ALIenergy) has been working to alleviate fuel poverty in Argyll and Bute for over 20 years. Page 343
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46 Argyll & Bute Child Poverty Action Plan Review 2021-2022 ALIenergy’s advisors offer in-depth advice and support, typically involving several sessions working with the client, and sometimes also with their support worker or carer, or other referral partners, over a period of several weeks/months. This involves a dual approach, first to identify and access any available immediate and urgently required financial assistance to pay bills or clear debts, or to provide emergency prepayment meter vouchers, fuel deliveries, or any essential electrical appliances that are missing or broken – and then to support ongoing resilience through a range of advice topics including using home heating and appliances more efficiently; helping to understand energy bills and meter readings; discussing options for suppliers, tariffs and meter types; setting up online accounts; addressing damp and condensation issues; and helping to access the Scottish Government funded heating replacements and insulation schemes through Home Energy Scotland. ALIenergy also provides a range of advice leaflets and also small useful ‘cosy kit’ household items to help people to keep warm, such as blankets, socks and hot water bottles. Beneficiaries are typically vulnerable or disadvantaged for reasons such as low income, poor health, disability, unemployment, single parent households and the elderly. However, recent price rises have been so severe that many households that would not normally be described as particularly vulnerable or disadvantaged, are now finding themselves struggling for the first time, unable to afford to heat their homes adequately, and having to choose between eating and heating. Fuel poverty is associated with multiple deprivations: poor health, loneliness and isolation, poor educational outcomes, low employability and debt, and ultimately, shockingly, loss of life through excess winter deaths. ALIenergy takes direct client enquiries and also works closely with a range of other organisations including Home Energy Scotland, food banks, housing associations, advice agencies, health and social care professionals and other charities, all of which commonly encounter clients in fuel poverty and refer clients. This is an extremely effective method to engage with otherwise hard-to-reach client groups, who might not otherwise come forward. ALIenergy had 1237 clients registering in the year Apr21 – Mar22 with a significant increase over the winter months as prices went up and the weather became colder. Page 344
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47 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Immediate financial gains measured by ALIenergy in 2021-22 ALIenergy is a registered referral partner with Fuel Bank Foundation. Through the Fuel Bank Foundation, prepayment meter vouchers and bulk heating fuel deliveries can be accessed. In the period April 21 – March 22, 773 prepayment meter vouchers were accessed to a total value of £33,108, supporting 950 adults and 597 children in Argyll and Bute, whose households were close to or already using the emergency credit facility on their electric and/or gas meter, or had already self-disconnected. 36 bulk heating fuel deliveries (oil, coal, firewood) were also secured worth around £9,000 in total, direct to households who could not afford heating fuel deliveries. ALIenergy is a registered referral partner for the Scottish Government Home Heating Support Fund – this scheme provides financial relief for energy debt and ongoing costs to energy consumers who are experiencing significant financial hardship regardless of the fuel or payment method used. This year’s scheme opened in January 22 and by 31/3/22 we secured 54 awards totalling £47,390in debt write off and contributions to ongoing costs. ALIenergy is a registered partner of the Glasspool Trust, allowing access to funding for free white goods (cookers, washing machines, fridges, freezers) for low income households where an essential electrical appliance is missing, faulty, or very old and energy inefficient. 67 free appliances were successfully applied for from the Glasspool charity in the year March 21 – April 22, worth £20,808 in total, to households where essential appliances were broken, missing, or very old and energy inefficient. Since October 21, ALIenergy has been able to access some financial assistance for clients from Argyll and Bute Council’s Flexible Fund, and awards have been made to 71 households in Argyll and Bute to the end of March, totalling £18,988, towards energy debt relief and ongoing costs. Page 345
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48 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Social Security Scotland The Scottish Government’s 2nd Tackling Child Poverty Delivery Plan (Best Start, Bright Futures), backed up by up to £113m extra investment this year, sets out bold action to drive progress on the national mission to tackle child poverty. The actions set out are projected to drive child poverty in Scotland to the lowest levels in 30 years, with current projections suggesting 60,000 fewer children could live in relative poverty by 2023 compared to 2017 (to 17%, from 24%). This includes lifting an estimated 50,000 children out of relative poverty in 2023 through the Scottish Child Payment. By the end of 2022, the Scottish Government’s package of five family benefits for low income families, administered by Social Security Scotland, will be worth up to a maximum of over £10,000 by the time a family’s first child turns 6 – and £9,700 for second and subsequent children. Social Security Scotland is responsible for administering a number of benefits that have been devolved to Scotland. Currently, Social Security Scotland administers twelve benefits, seven of which are brand new. The benefits include: Carer’s Allowance Supplement – an extra payment of £245.70 paid twice a year for people in Scotland who get Carer's Allowance on a particular date. Best Start Grant - is a package of three payments that will give extra money to families on certain benefits or tax credits during the early years of a child’s life. Best Start Grant - Pregnancy and Baby Payment –one off payment of up to £642.35 from 24 weeks in pregnancy up until a baby turns 6 months for families who get certain benefits. This goes up to 1 if you've taken over looking after a child, such as if you've adopted. You get £642.35 for your first child or £321 for any subsequent child. Best Start Grant - Early Learning Payment – one off payment of £267.65 when a child is between two and three years and six months. People can still apply if your child is not taking up a place at nursery Best Start Grant - School Age Payment – one off payment of £267.65 for eligible families around the time a child normally starts Primary 1. People can still apply if they are deferring school entry. Best Start Foods - a prepaid card for families to help buy food for children under 3 or during pregnancy. It replaced the UK Government’s Healthy Start Vouchers in Scotland. Funeral Support Payment - a payment available to people in Scotland, who are on certain benefits or tax credits, and need support to meet the costs of a funeral. Young Carer Grant - a yearly payment of £326.65 for young carers aged 16 to 18 who live in Scotland and care for people for an average of 16 hours a week or more. Job Start Payment - a one off payment of £267.65 for 16 to 24 year olds, or £428.25 if the main carer of any children, who have been out of work and on certain benefits for six months or more to help with the costs of starting a job. Child Winter Heating Assistance –a payment of £214.10 to help disabled children and young people and their families with increased heating costs over winter. Scottish Child Payment – a benefit unique to Scotland of £80 every four weeks to Page 346
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49 Argyll & Bute Child Poverty Action Plan Review 2021-2022 eligible families and carers to help towards the costs of looking after each child under 6. There are no limits on the number of eligible children supported by the Scottish Child Payment. Child Disability Payment - provides support for the extra costs that a disabled child might have, whether mental or physical disabilities. People can apply for Child Disability Payment for a disabled child under 16 however Social Security Scotland will pay Child Disability Payment until the child is 18. Adult Disability Payment – is extra money to help people who have a disability or long-term health condition that affects your everyday life. This benefit is currently live in 3 pilot areas in Scotland and will be available in Argyll and Bute from 29th August 2022. Coming up Subject to parliamentary approval, Scottish Child Payment will extend to under 16 year olds and rise by a further £5 to £25 per week, per child, later in 2022. By that point around 430,000 children living in low income households could be eligible – a fourfold increase on the 104,000 children we are already helping. At this point the Best Start Early Learning Payment and Best Start School Age Payment will be paid automatically to parents and carers receiving Scottish Child Payment when their child becomes eligible. Social Security Scotland is working in close partnership with organisations across Argyll and Bute to maximise the take-up of these benefits, including: FIAG (financial inclusion and Advice Group); Child Poverty Action Group; All our Children Group; Carers Centres; Early Years including nurseries; Schools; Midwives and Health Visitors; Child Health and CAMHS; Skills Development Scotland; Employability; Living Well Networks; Welfare Rights staff; Housing Associations; Home Energy organisations; Health and Social Care Partnership;Health Improvement staff. Page 347
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50 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Free School Meals and Holiday Provision Since the last Action Plan Update, free school meals support for entitled pupils has remained a key way of tackling the cost of living challenges for families with children: All children in receipt of 1140 hours of childcare in early years' settings receive a free school meal, along with free milk and a healthy snack. Page 348
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51 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Work continues to implement the extension of universal free school meals to all Primary school pupils, with all pupils in P1 – P5 now entitled to a free school meal. In preparation for forthcoming roll out of free breakfasts, a survey is being undertaken to map the current breakfast provision across all schools in Argyll and Bute. National work has been undertaken between ASSIST FM and SPIRU to better understand the decisions made by and opinions of secondary school pupils at lunchtime. A survey was undertaken which over 15,000 pupils in Scotland responded to, and four Secondary Schools in Argyll and Bute received bespoke, school-specific reports on the views of their pupils, so that decisions can be made around provision based on pupil feedback. Cash payments in lieu of free school meals for those in receipt on the basis of need have and will continue throughout all future holiday periods, funded by Scottish Government. In Argyll and Bute, the payment made is the equivalent of £3 per pupil per day, paid by BACS transfer. Pupil feedback continues to be the basis for the development of school lunch menus, and they continue to meet the revised Food and Drink in Schools standards which came into effect in April 2021. Free school meal uptake remains higher than the Scottish average, though it has been affected by changes to services due to schools utilising their dining halls and other spaces differently during the pandemic. Most schools are now returning their lunch service to pre-pandemic provision. In line with Scottish Government funding requirements, a programme of holiday food and activities took place during summer 2021, and plans are developing for provision during summer 2022. The Council’s Catering Service continues to hold its Soil Association Food for Life Served Here Award at Bronze level, demonstrating its commitment to providing locally produced, sustainable, ethical and locally prepared food, serving food that’s good for pupil’s health, for the environment and for the local economy. Food cost inflation as a result of EU Exit, the pandemic and the war in Ukraine continue to put significant pressure on both public sector food provision and on household finances. Argyll and Bute Community Food Forum The Argyll and Bute Community Food Forum continues to operate as a mutual support service for food banks across Argyll and Bute. Bute Advice Service provides the coordination role, bringing the forum together as a collective of independent organisations. The Council supports the initiative which is a network through which existing independent food-banks, food waste and community food initiatives can share experience, advice and ideas. Their work is closely linked to the Council’s Cost of Living and financial inclusion work, and officers Page 349
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52 Argyll & Bute Child Poverty Action Plan Review 2021-2022 meet with representatives of the Community Food Forum on a regular basis, providing support as required. Argyll and Bute Council are represented on the Scottish Government’s Working Group tasked with developing ways of ending the need for Food Banks in Scotland. Foodbank Information Kintyre Foodbank Kintyre Food Bank opens Tuesdays and Fridays from 10.30 - 11.30 or till all clients have been dealt with. We gave out 271 parcels of about 4 carrier bags. depending on the number of people in the families, sometimes considerably more, during 21st April -22 March We had 54 families. We are noticing a huge increase in the number of clients over the last 2-3 months. The main problems families had was that the benefits they received was not enough to cover food, heat, school uniforms, clothes, shoes etc. The food given by the council during holidays did help but quite often it was not appropriate. The main issues facing the food bank last year was the constant need to fund raise, volunteer numbers went down as people were either shielding or recovering from Covid-19. It is very distressing for us to witness the anxiety clients feel that benefits don’t cover their needs. Bute Oasis Food bank is open 10-4 each day. Numbers have doubled in the last few months from on average 80 households per month to now 160 households. 75% are families; the remaining 25% are single individuals, equally shared across the sexes. The rise in food prices is having a knock on effect on the cost of providing the service. Before price increases the average food spend for the food bank was £1350, this has now risen to £1850 per month. Despite the challenges, the foodbank is able to support rising numbers and provided over 100 households Xmas hampers and the Easter event provided families a fun day out with face painting, painting and decorating boiled eggs, sack races and hundreds of chocolate eggs being given out. Hope Kitchen Hope Kitchen support the Mull and Iona food bank, therefore stats include both foodbanks. In the period April 2021-Mar 22 1271 food parcels were given out supporting on average 105 household each month. In April of last year 102 families were supported compared to 155 in March of this year, indicating a rise in the number of households struggling. Where the reasons for using the service is usually recorded as low benefits or low income, a rising number of recipients are giving unexpected bills as their reason for using the service due to the increase in fuel bills. On average around 300 Xmas hampers are provided to families to support them at this pinch point. A concern is the dropping number of contributions as households have less to share with the community as they face their own rising food and fuel bills. Page 350
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53 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Tarbert Pantry Food hampers are given to an average of 50 families each week. Supplies are also given to the Multiple Sclerosis support service. Should anyone be in need support can be offered that day. As the cost of living bites deeper many households are struggling to manage on their restricted budgets and need support. Helensburgh & Rosneath Food Bank Helensburgh & Lomond food bank serves those living within the Helensburgh and Lomond Council Area boundary. We are an independent community Foodbank run entirely by unpaid volunteers and the majority of food distributed is donated by the local community. We operate on a drop-in no referral necessary basis. We are located at the Helensburgh Community Hub where we have a donation drop off point and storage area. We are open for clients on a Monday from 10.00am until 12.00 and Thursday from 3pm until 8pm. We provide an outreach Foodbank at the Howie Pavilion Rosneath on a Wednesday from 1pm until 3pm. During the period 1st April 2021 to 31st March 2022 we issued 2427 bags of food. Each bag provides a nutritionally balanced diet for an individual or family for 1 week. We provide fresh fruit, vegetables, cheese, eggs and bread as well as a selection of non- perishable food items. The estimated cost of each bag £37.98p. We also include a toiletry such as soap or toothpaste as well as a toilet roll in each bag. Many of those who attend are single householders we do not collect specific data on the number of families attending. During the reporting period we supported 2940 adults and 823 children. A total of 3763 were supported by the food bags provided. The primary problem facing families is low income making it impossible to cope with food inflation, debt and high home heating and energy costs. The loss of the £20 Universal Credit uplift in October was particularly difficult for many. Since this was withdrawn we have seen an increase in demand which is on-going. We are seeing a marked increase in requests for help with home energy costs. Many are at risk of self-disconnection as they have no money to top up their prepayment key/cards. This trend is likely to increase in the autumn. The main issue facing food banks is sustainability given the increase in demand and likelihood of this upward trend in demand continuing. We compared the number of Bags Issued in the month March 2019 (pre-Covid-19) 170 bags with the number Issued in March 2022 it had increased to 260. An increase of 52.9%. A 6% increase in the cost of food and the high cost of home energy will drive even more children into poverty. We are also seeing a drop in donations as those who donate to the Foodbank are also seeing an increase in their own living costs. We are having to purchase Page 351
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54 Argyll & Bute Child Poverty Action Plan Review 2021-2022 additional food weekly to provide a well-balanced bag of food for all who request help. In common with Foodbanks across the country this additional demand is stretching the resources and good will of those who donate, manage and volunteer at foodbanks. We are grateful for the financial support for clients made available via the Argyll & Bute Flexible Food Fund. Being able to signpost clients to Bute Advice for a Benefits Review and Alienergy for help with home energy is very helpful. We also see the positive benefit of providing cash first options for people via FFF and the school holiday lunch payments. These initiatives afford families the dignity of choosing and buying their own food ensuring it meets their personal and cultural preferences. Previously we had to provide additional food for children during the school holidays since the introduction of the school holiday payment this has not been necessary. Moving On Mid-Argyll Before April 2022 an average of 2/3 families would be supported each week, since then this has increased to some weeks there are 8 households. As the cost of living increases a rise in client need is anticipated. Client can call directly or be referred in to the project for support. Solar Tiree Foodbank Food bank Opening Days and Times: by appointment, but visit on Sunday afternoons Allocations of Food from April 21-Mar22: frozen food surplus from the Coop and around £3000 in Coop vouchers No of families supported 8 Primary problems facing families with children: Currently travel off the island Has the lunch support from A & B Council over the holidays had an impact on families (if you are aware): Yes, it was very helpful Main issues facing the foodbank in the last year: making contact with potential clients and fundraising Dunoon foodbank Food bank Opening Days and Times Thursday 4.30-6pm, Friday 10-12noon, Other times by arrangement. Allocations of Food from April 21-Mar22 2500 food parcels; 1800 take away meals. No of families supported - 230 different clients. Primary problems facing families with children; School holidays, meals and endless snacks. Has the lunch support from A & B Council over the holidays had an impact on families (if you are aware); It has helped Main issues facing the foodbank in the last year; Food supplies Page 352
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55 Argyll & Bute Child Poverty Action Plan Review 2021-2022 with supermarket shortages and restrictions on buying. Higher expectations - meals for 5 rather than 3 days; Premises restrictions Jeans Bothy Helensburgh A community hub project awarded “Community Project of the Year 2021” focussing on mental health and well-being offering a vast array of support and interests including mindfulness sessions, beach cleans, gardening, art classes etc., all in a bid to support recipients. As a part of that food parcels can also be issued. Islay Food Bank Food bank Opening Days and Times - n/a We deliver in response to email/texts/calls. Allocations of Food from April 21-Mar22 - 32 households received parcels (most of them multiple occasions); 64 individuals including 10 children. No of families supported -1 (5 parcels delivered over the year). Primary problems facing families with children - separated father struggling when he has his two boys staying; reduction in Universal Credit stated as tipping point. Has the lunch support from A & B Council over the holidays had an impact on families (if you are aware) - not known Main issues facing the foodbank in the last year - getting people to use it; we know the need is there, but in a small community people are reluctant to admit need. Good Food Nation and Food Strategy The Good Food Nation (Scotland) Bill is currently at stage two in the Parliamentary process, and work has been underway over the past 12 months to ensure that the Bill is designed to create a more sustainable food system for everyone in Scotland. Key strands of the Bill are expected to deliver or support: A requirement for all Local Authorities and Health Boards to produce Local Food Action Plans National and Local Governments and Health Boards will need to write and consult on plans every 5 years Food insecurity is recognised, with a right to food either enshrined in this legislation or clearly linked to other legislation to ensure that food produced in Scotland is sustainable A number of targets and designated functions should be identified Public Sector food is clearly identified as a driver for systemic change, and over the past year, officers have been actively involved in discussions around the Bill and its implementation, with the Council’s Executive Leadership Team up to date on the current progress. Officers have given evidence and shaped the recommendations of the Scottish Parliament’s Rural Affairs, Islands and Natural Environment Committee, thus ensuring that the needs of rural communities are considered. Officers have also Page 353
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56 Argyll & Bute Child Poverty Action Plan Review 2021-2022 presented at the Scottish Parliament’s Cross Party Group on Food about the impact that the Bill will have on Local authorities and Health Boards, and attended the Day of Action for the Good Food Nation Bill. It is expected that this Bill will become law during the course of 2022. In addition to this, the Scottish Government undertook consultation in December 2021 on the benefit of each Local Authority having a Local Food Strategy, which would cover issues such as growing food locally, and local food procurement. Officers from Argyll and Bute Council have been assisting in the development of this work, and have responded to the consultation. With both of these legal requirements expected in the coming year, since January 2022 Commercial Services, Economic Development and Highlands and Islands Enterprise have been working with a local consultant to develop the first ever Argyll and Bute Food and Drink Strategy, with food insecurity, community wealth building and public sector food being key components of that paper. This Strategy will be published shortly. Bute Advice Service Bute Advice Centre staff and committee have been working extremely hard for communities across Argyll and Bute in the last year. Throughout the COVID pandemic staff have worked from home, offering a comprehensive telephone service with regards to Welfare Rights. Staff have also supported clients who have been facing financial difficulties with debt. Staff remain motivated to deliver our mission statement with the intention of “relieving poverty and distress”. Page 354
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57 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Argyll Community Housing Association Welfare Rights Service Bute Advice Centre is very proud to be responsible for the welfare rights arm of ACHA in the Bute & Cowal region which supports tenants to maintain their tenancies through welfare rights provision. ACHA was able to tap into fuel vouchers for tenants through the Housing Association Charitable Trust. In the last financial year (Apr 21-Mar 22) the client gain across all 4 ACHA regions was £4million+. BAC staff work very closely with local ACHA teams to target particular vulnerable groups who may need support, e.g. supporting those of pensionable age to access pension credits. Each week BAC staff meet with area staff from Lomond, Oban & Lorne and the Isles, and Mid Argyll & Kintyre, where updates on welfare reform issues are discussed and face-book posts are created to keep tenants up to date with changes. Syrian Refugee Project Bute Advice Centre staff have worked closely over the last 6 years with families who have come from Syria to make a new life on Bute. For some families it was a place to set down roots and make a home, for others it was a safe stepping stone to move on with their lives to other places. Staff are responsible for delivering all welfare rights and money advice services to the families, with scheduled appointments every month. As families arrive an intense support package is offered, reducing as they settle in and no longer need the same level of help. Advice Book In May 2022 a small book with advice and information around welfare rights, money advice and energy advice was distributed across the region to support those struggling on tight budgets. Priority was given to those using foodbanks. Free Period Products In November 2021, Argyll and Bute Council appointed a Project Lead – Period Products to ensure that the consultation, launch, roll out and compliance required by the Period Products (Free Provision) (Scotland) Act 2021 was achieved. Argyll and Page 355
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58 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Bute is the first Local Authority area to specifically recruit a post to support this work. During the early part of 2021, the post holder undertook considerable consultation to develop a Statement on Exercise of Functions, a brand identity and a provision and launch plan, with consultation being done with both young people and adults across communities. Work is underway to ensure that the new statutory duty will be achieved by 15th August 2022, with a timeline as follows: Products remain available in a range of public buildings as identified on the Pick Up My Period App, as well as continuing to be available online: Page 356
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59 Argyll & Bute Child Poverty Action Plan Review 2021-2022 https://www.argyll-bute.gov.uk/sanitaryprovision It is interesting to note that over the past 12 months, more reusable products have been provided to people in Argyll and Bute than disposable products, which is in line with the original sustainability aspirations of the project. School Clothing Banks We have great engagement between schools and community groups in Campbeltown where the Council is working with the schools, Kintyre Recycling Limited Shopper Aide to implement a school clothing bank to cover 6 primary schools and a secondary school in South Kintyre. There has been positive engagement in both Dunoon and Rothesay and it is anticipated that Sustainable Use School Clothing Banks will be setup by June 2022 in all of these areas. The GRAB Trust (Group for Recycling in Argyll and Bute) The GRAB Trust are offering free ‘sew your own’ period pad workshops. These are to be held monthly across Argyll to support and enable communities to take control of their own cycle by providing information and practical skills to sew their own reusable period pad, using refurbished sewing machines. There will also be opportunities at each workshop to learn more about reusable period products and how they can benefit their health, the environment and finances. ReStyle Argyll ReStyle Argyll is a collaboration of four partners to bring quality re-used furniture to all areas of Argyll & Bute. They offer a collection service for donated household furniture and white goods. ReStyle Argyll have a Zero Waste ethos, items that need major repairs or refurbishment will be sent to a ReUse & RePair Hub. ReStyle Bute, 100 Montague Street, Rothesay, Isle of Bute The objectives of this social enterprise are to: • Improve environmental sustainability • Support training, skills development and relieve unemployment • Fyne Futures operate a number of activities including: • Recycling (kerbside and bring site collections, processing and onward sale to market) • Car Club (providing affordable and sustainable access to vehicles for individual and corporate members) • Bute Produce (affordable fruit and vegetables, training in horticulture and heritage varieties) • Restyle (collection of unwanted furniture and sale of affordable reuse furniture, with local delivery) LORI, Oban, Moleigh Recycling Site, Ariogan, Oban, Argyll Page 357
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60 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Lorn and Oban Reuse Initiative (LORI) opened to the public in 2009, now part of The GRAB Trust, whose aims are to: • Divert and reuse furniture and other household objects before they reach the waste stream. • Provide volunteer job and training opportunities for the long-term unemployed and community service offenders. • Provide low cost furniture to the homeless to furnish their new property at 50% discount on normal prices. Kintyre Recycling, 67 Glebe Street, Campbeltown, Argyll Kintyre Recycling Limited provides recycling services to the Kintyre peninsula. By operating as a social enterprise, Kintyre Recycling provides employment to people with special/social needs and learning disabilities. Kintyre Recycling has two main objectives: • To provide employment to persons with special needs and learning difficulties. • To provide waste management services and access recycling facilities to a disadvantaged area in Argyll + Bute by operating as a social firm. Re-Jig, Unit 11, Whin Park, Bridgend, Isle of Islay The core objectives of the company are: • to reduce landfill on Islay and Jura, • to protect the natural environment, • to reuse as much resource as possible • to create long term employment in the local community. ReStyle Argyll supports development in skills for volunteers, work-based trainees and seeks to create sustainable employment. D. Helping Families in Other Ways Infant and Perinatal Mental Health Services The infant and perinatal mental health service has been developing since late 2021. We now have a Perinatal Mental Health Nurse and Parenting and infant Mental Health therapist in post, supported by "champions " in Health and 3rd sector, who are assisting in raising awareness and doing training across the HSCP. See below from most recent progress report "PNMH & IMH will work together around families and community. Perinatal Mental Health (PNMH) nurse led team will accept referrals directly from primary care, maternity and health visiting professionals, as well as other mental health services including Community mental health and Crisis teams. Relationships and support will be developed with the north of Scotland PNMH leadership resource. The service will continue to work with colleagues in the Levendale MBU and regional support once in place. Page 358
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61 Argyll & Bute Child Poverty Action Plan Review 2021-2022 The service is built on the foundations of Children and Families in Argyll and Bute which brings together the core universal services of Maternity and Health visiting around the child .GIRFEC is well embedded in the family pathway and services are integrated around the family in their community. All women have a primary midwife and continuity of carer is above 75%. There are close links with the CMHT and social work with local support from addictions in localities. Primary mental health teams are linked to services and electronic CBT and text base service are promoted (silvercloud). Face to face and virtual parenting groups exist and one to one care is provide with TEC available to support. There are two nurturing and parenting support workers currently being developed into roles to support early intervention. Regular clinical supervision is undertaken across the HSCP using teams. A strength based approach to care starts with the wellbeing tool in the antenatal period within the wider GIRFEC family pathway. The Service objectives are to develop: • Capacity to assess and case manage women with new or pre-existing moderate to severe mental illness occurring in the perinatal period; • Pre-conception assessment service; • Assessment and facilitation of mother-infant relationship in context of maternal mental illness liaison to maternity services. Maternity Teams have attended "Money Counts" training run by A&B Council to develop a broader understanding of services available and how to refer and access. Maternity Services have remained an essential service throughout the pandemic so this has ensured support, advocacy and continuity for our families in A&B. Youth Work Education Recovery Learning Programme The Community Learning Service is listening to Young People and their concerns around returning to school/education during COVID-19 and the impact this was having on their health and well-being. We successfully accessed funding from the Youthwork Education Recovery fund to provide activities that enabled us to address some of these issues and to support young people to return to or remain engaged in their education and learning provision. Youth workers have been able to provide youth work and outdoor learning in 8 of the 10 high schools in Argyll. 1 other high school had the outdoor learning element of the project, this was due to Covid restrictions on travelling to Island communities. This funding provided the opportunity for coordinated youth work support across Argyll. The support was targeted and worked with those young people schools had most concerns about due to the impact of Covid. At least 90%of the young people participating weren’t known to the Youth workers and this has led to increased youth work support for them as well as supportive relationships with new peer groups. The Youthwork partnership with Hebridean Pursuits gave 99 young people the opportunity to use outdoor learning as a way to explore their Health and Wellbeing as well as build on current or news skills. Most young people will have accessed outdoor learning previously, however Page 359
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62 Argyll & Bute Child Poverty Action Plan Review 2021-2022 rarely, with youth work support, this has enabled transferring of skills and learning across context’s including school and family life. Different outdoor learning experiences offered opportunities for personal and learning skills development in areas such as communication, problem solving, and information technology, working with others and thinking skills. Key outcomes • 99 young people participated in the programme. • Awards/accredited qualifications gained included 45 SQA Health and Wellbeing, 23 Dynamic Youth Awards and 14 Hi5 awards. • Key stakeholders have identified increased confidence and skills in participants. They have seen improved health and wellbeing and an awareness of and ability to seek support where required. • Evidence of increased attendance at school, positive engagement with learning and with peers in school and at home. • Increased attainment through recognition of wider learning and achievement. • Outcome star was used to monitor learner’s journeys in key areas, the figures below show percentage of learners who reported progress: 47% - making a difference 46% - Hopes and Dreams 80% -Wellbeing 53% - Education 40% choices and behaviour 47% in 3+ outcome areas 93% in 2+ outcome areas 100% 1+outcome areas 2.9 average number of areas showing progress 82.8% achieved accredited qualification Youth Voice/Participation Youth Participation continues to be a priority for the Community Learning service. Article 12 of the UNCRC states it is a right that children, as embodied in the Lundy model, have the space to express their views; their voice is enabled; they have an audience for their views; and their views will have influence. We have a number of initiatives we will be supporting this year including. Scottish Youth Parliament We are supporting our 3 newly elected Members of the Scottish Youth Parliament to represent Argyll and Bute’s young people at the Scottish Youth Parliament and on local strategic forums including the Community Planning Partnership. The MSYP will be conducting an Argyll wide roadshow to engage/consult with young people to identify their priorities and to represent these views locally and nationally. Youth Action Groups (YAG) Page 360
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63 Argyll & Bute Child Poverty Action Plan Review 2021-2022 After a youth led consultation we are relaunching/rebranding the youth forums to become Youth Action Groups. We are supporting the development of 6 YAG across Argyll. There are three key aims for these groups: 1. To deliver an informal youth work activity that will support recruitment, engagement and relationship building. 2. To develop youth participation through a programme of personal development and capacity building opportunities for young people. 3. To provide social and recreational activities YAG should be a safe space where young people have fun, build relationships and explore issues relevant to them and their communities. They will provide a focal point for the delivery of locality based personal development and capacity building opportunities for young people. They will consult with young people on their interests, needs and how they want to respond to those needs. To support young people to engage and participate meaningfully we will be running a training programme twice this year for 120 young people. They will attend a training weekend at Ardroy Outdoor Centre where the local Members of the Scottish Youth parliament along with Youth workers will provide Youth Participation Training. Northern Alliance/Argyll and Bute’s Children Committee We are supporting young people to lead and participate in the Regional Improvement Collaborative Youth Advisory Group and Argyll and Bute Children’s Youth Advisory Panel. MSYP are involved in both of these forums and continue to influence their priorities for supporting young people in Argyll and Bute and across the 8 Local Authorities in the Northern Alliance. What are Carers Centres and MAYDS doing to support Young Carers in Argyll & Bute? Just over 500 young carers are currently being supported by Carers Centres in Cowal & Bute, Helensburgh & Lomond and North Argyll, whilst Mid Argyll Youth Development Service (MAYDS) offers educational and recreational services to young people in Mid Argyll. Young Carers services provide support to unpaid young carers and their families from the age of 5 (with the exception of North Argyll who support young carers from 8 years). Carers Centres & MAYDS are contracted by Argyll & Bute HSCP to undertake Young Carers Statements under the Carers (Scotland) Act 2016 on behalf of Argyll & Bute HSCP. This helps to identify how Young Carers feel about their caring roles, what young carers are doing in their caring roles and what support they need. Carers Centres and MAYDS apply for charitable funding through organisations such as; The BIG Lottery, Comic Relief, Children in Need, Robertson Trust, Shared Care Scotland and the Army Covenant to provide a break from caring and support for young Page 361
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64 Argyll & Bute Child Poverty Action Plan Review 2021-2022 carers. In addition Carers Centres and MAYDS take opportunities to maximise their funding through charitable and community grants providing young carers with therapy and counselling, vouchers for activities, assistance and help towards food and fuel costs and other items. Each Carers Centre and MAYDS are slightly different but may provide the following supports and services: Young Carers Statements Emergency Planning Advocacy Therapy/Counselling After School Groups School Drop ins Homework Clubs Signposting/Referrals Saturday Activities Holiday Activities Trips Residentials One to one support Training & Information During the Covid-19 Pandemic, Carers Centres and MAYDS provided Young Carers and their families with help in accessing food and prescriptions, Young Carers and their siblings were delivered activity packs, provided with laptops, iPads and tablets to maintain contact with peers, supports and access education. A number of Young Carers and families were given supermarket vouchers, electricity top up and help towards living costs. This period meant Carers Centres and MAYDS adapted to providing Young Carers with a break from caring in a different way, moving from school support, physical groups and activities. Support was provided by telephone, online group sessions and one to one’s, and doorstep visits. Activity packs, games, equipment (indoor and outdoor) and a range of items – were sourced to provide Young Carers with an alternative break from caring. As lockdown restrictions eased, Young Carers where identified, were provided with therapy and counselling responding to individual need. As a result of funding sourced by the Carers Centres and MAYDS during the Pandemic, a number of Young Carers and their families were provided with various items, for example; TV’s, Games Consoles, Cookers, Sewing Machines, Garden Sheds, as well as, shopping vouchers and assistance with fuel costs. Centres are aware of families that are continuing to struggle and are helping to meet this need alongside signposting to appropriate partners. Transforming Responses to Violence against Women and Girls In September 2021 the Argyll and Bute Violence Against Women and Girls Partnership gained £68,857 from the Developing Equally Safe Fund for a Project aimed at transforming the responses to violence against women and girls. This will run over a two year period and take the form of a number of training and service development events that will improve services to women, and other victims, of domestic abuse. Staff skills and confidence will be improved through the delivery of training such as Routine Enquiry, Working with Men and Domestic Abuse Awareness Raising. In addition a research project will be carried out to capture the views and ideas of lived experience women and of staff. Page 362
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65 Argyll & Bute Child Poverty Action Plan Review 2021-2022 A major part of this project will be the start of a roll out of the Safe and Together Model across Argyll and Bute. The aim of this is to improve practice and create better outcomes for children and families exposed to domestic violence. Key principles of the model are: 1.Keeping safe and together with the non-offending parent (safety / healing from trauma / stability and nurturance). 2. Partnering with non-offending parent as de-fault position (efficient / effective / child centred). 3. Intervening with perpetrator to reduce risk and harm to the child (engagement / accountability / courts). For more information go to https://safeandtogetherinstitute.com It is hoped that these changes in services will help to keep children out of care and with the non-offending partner. These changes marry up well with the whole family approach of The Promise and offer supports that will benefit children and families. Free School Meals Delivered by Drones Pupils in remote parts of Argyll and Bute could soon have their school meals delivered by drone. In a UK first, Argyll and Bute Council is teaming up with leading drone specialists Skyports to trial the use of Unmanned Aerial Vehicles (UAVs) in delivering school meals. Flying from Oban Airport, the trial involves delivering meals freshly prepared in Park Primary School in Oban to Lochnell Primary, which is 1.5km away. Argyll and Bute is Scotland’s second largest local authority with 23 inhabited islands, the most of any UK authority. While the majority of schools have kitchens on site preparing meals, the provision of school meals to some rural and remote schools currently relies on traditional methods of transport including vans, taxis and ferries, which can be affected weather conditions. The use of drones would help the council to deliver meals to all remote and island schools reducing current delivery times and costs, and help contingency planning in emergencies. The drones also offer an alternative carbon free mode of transport, as they are fully electric. The trials are part of plans for the council to create an Unmanned Aerial Vehicle (UAV) Innovations logistics Hub at Oban Airport. The council received £170,000 of UK Government Community Renewal funding to create a detailed planning application with full design and costings in order to bid to the UK Levelling Up Fund. New funding will enable the construction of the hub by March 2025. Universal Pathway Quality Improvement Collaborative Financial Inclusion Practicum (UPQIC) Background - In our last review we informed that In October 2019, teams, consisting of money advisors and Health Visitors from across Scotland came together to work with Improvement Advisors from the ‘Children and Young People Improvement Collaborative’. The aim was to implement or improve the processes already in place in relation to financial inclusion discussions between Health Visitors and families as part of the Universal Health Visiting Pathway, referring them for financial advice where required. The project originally commenced in October 2019 and was due to finish in Page 363
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66 Argyll & Bute Child Poverty Action Plan Review 2021-2022 2020 however, due to the Covid-19 pandemic, the project was put on hold until January 2021, when work was able to re start. The team from Argyll and Bute consists of 2 Health Visitors from Bute and Cowal, and Bute Advice Service. They have developed a referral pathway between the services, where Health Visitors refer families directly to Bute Advice for further advice and support. Project Aim: ‘By September 2021, Health Visitors in Argyll and Bute (Bute & Cowal), will have a financial discussion with parents at 80% of contacts on the Health Visiting Pathway, and where a need is identified 100% will receive the requested money advice and benefit support’. From January – May 2021 in conjunction with Bute Advice Centre the Health Visitors in Bute developed a financial referral pathway which allows them to directly refer families with ‘money worries’ into the local money advice service (Bute Advice). This has provided a single point of contact for families to a money advice service. Client financial gain has been significant having been supported through access to The Flexible Food fund and ALIenergy. It was hoped that by 2022 the Financial Referral Pathway and the learning from this project would have been implemented in other areas in Argyll and Bute. However due to staff shortages and other issues this has not proven possible. It is hoped that development of the Financial Referral Pathway will be taken forward once these issues have been resolved. Flexible Fund - Support for Vulnerable People affected by tier 4 lockdown In June 2021 the Council agreed to support a total of 20 projects using funding provided by the Scottish Government to support vulnerable people affected by tier 4 lockdown in relation to Covid. During the year the projects have delivered; • Poverty Awareness Training delivered by the Poverty Alliance to 220 staff across the Council and its community planning partners. Participants described the course as informative, thought provoking, eye-opening and enlightening (See section on Training in this report). A full report on outcomes will be delivered to the Council’s Leadership Team and plans to take actions related to the feedback will be made from there. • School Clothing Banks (SCB), proposal is to have a sustainable use school clothing bank available across Argyll and Bute by December 2022. Plans are moving quickly in Campbeltown, Rothesay and Dunoon at present and SCB will be established in advance of the new school term in August 2022. • School Clothing Grant Top-Up of £75 per eligible pupil was paid out in January 2021. A total of £128,000 was issued to 1,711 children to help provide them with money for clothing over the winter period. • Grant funding of £10,000 was provided to Women’s Aid and Rape Crisis support agencies given the increases in customer contact through the pandemic. • Funding of £20,000 was provided to support young carers groups throughout the pandemic. Page 364
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67 Argyll & Bute Child Poverty Action Plan Review 2021-2022 • Computer hardware and Wi-Fi networking works of £10,000 were undertaken in facilities where people with physical and learning disabilities and suffering from mental health issues where seeking support. • Grant funding of £30,000 was provided to village halls and wide community groups and organisations that were supporting vulnerable people throughout the pandemic • Vulnerable adults and victims of telephone fraud were given call screening kits and support from Police Scotland to ensure that they were safe and protected in the future from scammers. The value of this support was £10,000. • Funds of £40,000 were awarded for support groups of vulnerable people affected by addiction and substance misuse. • Care experienced young people were supported with £39,750 used to grant gym and leisure memberships to help improve physical and mental health and driving lessons and provisional licences to improve inclusion and employability. • Support for groups and classes in community venues and visits to people at home if they could not manage to get to the gym for those who have reduced confidence and ability to socially engage for various functional and psychosocial reasons. This includes the use of Physiotherapy at a total cost of £65,000. • Grants of £85,000 were made to meet the increasing cost of energy and mitigate fuel poverty with £50,000 of this for those suffering from Cancer and other serious conditions. E. Other Planned Work Rural Growth Deal The Rural Growth Deal (RGD) will deliver £50 million of investment from the Scottish and UK Governments with Argyll and Bute Council and key stakeholders seeking to contribute at least £20m of additional match funding in order to accelerate inclusive economic growth for the region. The next key milestone for the RGD will be signing the full deal agreement at which stage funding will start to be drawn down and projects delivered. Given the focus on inclusive economic growth, projects will also require integrated impact assessments to be undertaken as part of the approvals process. An Equalities Steering Group has been established for the RGD and the RGD Programme Management Office are also represented on the Council’s Equalities Forum. The RGD proposals are designed to deliver success across Argyll, based on three key drivers: Connecting: our high value business sectors with national and international business markets; our local economic successes with national strategic priorities Attracting: additional skills, training and learning opportunities; new residents, visitors and businesses Growing: doing more of what works; making more of our natural and built resources Page 365
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68 Argyll & Bute Child Poverty Action Plan Review 2021-2022 The deal will also be a key part of the Covid-19 recovery plan for the region by providing critical infrastructure and financial support which will accelerate the recovery of local sectors. The RGD includes the following 8 key investment themes:- Tourism – Creating a World Class Visitor Destination - proposal is to open up access to Argyll’s coasts and waters to develop Argyll as a West of Scotland “must visit” location for the maritime leisure market; Creating a Low Carbon Economy – Explore options for the decarbonisation of Islay using a ‘whole systems’ approach that will consider power, heat and transport as well as placing the needs of the individual and business consumer at its centre to ensure that future energy systems are sustainable and support inclusive economic growth; Rural Skills Accelerator Programme -Inclusive Growth lies at the heart of City Region and Growth Deals and this Deal will drive future inclusive economic growth and tackle inequality with a strong focus on community wealth building, STEM skills, rural enterprise and the delivery of local education services. The Rural Skills Accelerator Programme is a vehicle that will provide the 21st century infrastructure and delivery mechanisms needed for skills, training, education and enterprise to facilitate collaborative growth in the rural economy. ; Housing to Attract Economic Growth - The housing element of the Rural Growth Deal proposes to provide affordable housing of the right type and in the right place to support growing business sectors; Clyde Engineering and Innovation Cluster - Through the Rural Growth Deal Argyll and Bute Council is seeking to maximise the local and national benefits of the Ministry of Defence £1.3bn Maritime Change Programme. The focus is on providing bespoke commercial and businesses accommodation proximate to the base as well as enhanced innovation and skills infrastructure; West Coast UAV Logistics & Training Hub - This intervention involves working in partnership with industry leading research institutions to create an innovative research and development centre for unmanned aerial vehicle (UAV) technologies on the west coast of Scotland. This will create the West Coast of Scotland’s first dedicated drone training centre with indoor facilities specialising in developmental, test and operational facility for UAV technologies. This facility could enhance the provision of services to local island communities following on from successful pilots working with NHS Highland and the Royal Mail. Another potential use being considered is delivery of school meals to remote and island schools; Argyll - Digital Connectivity – This project aims to digitally future proof all RGD investments focusing on the provision of gigabit capable broadband and enhanced mobile connectivity in rural areas; Marine Aquaculture Programme – This is a programme of projects aimed at making Argyll and Bute the leading region for innovation in marine aquaculture in Scotland, UK and globally, by underpinning sustainable, inclusive business growth through investment in world-class marine science and technology. Page 366
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69 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Given that the RGD is not yet in the delivery stages, the impact on child poverty will have been limited to date however, there are projects that could have positive impacts moving forward. A key focus of the Creating a Low Carbon Economy project is helping to reduce high levels of rural fuel poverty. This is likely to include improved energy efficiency measures in local housing stock to try and reduce energy consumption / costs. The RGD funding will also seek to provide additionally to existing energy efficiency schemes to maximise the funding available. The RGD housing project is focused on providing affordable housing with a mix of tenures required to support local people and workers in some of our most rural communities. Housing will also be constructed to be as efficient as possible to reduce energy costs and we aim to ensure that potential sites are located close to local amenities to reduce the requirement for travel. Digital inclusion is a key driver behind our RGD digital project. We will look to enhance digital connectivity across the region and facilities such as the STEM hubs may also include community spaces which will be fully digitally connected. We are investigating the potential to utilise fibre and 5G connectivity to provide immersive, interactive learning environments for local school children. We will also try and maximise community benefits from any digital investment via the RGD. The Rural Skills Accelerator Programme includes a focus on providing enhanced STEM education for local school children which will be delivered via a series of physical STEM hubs and associated outreach activity to ensure all local schools can benefit from this. A key focus of the wider RGD programme will also be growing local skills, training and job opportunities in growth sectors such as the blue economy, defence and tourism. We will invest in key infrastructure such as a new Marine Industry Training Facility at Dunstaffnage, commercial and innovation space serving the expansion of HMNB Clyde, enhancing UHI Argyll College’s estate in Dunoon and a series of STEM Hubs across the region. We will also be undertaking a series of marine tourism and place based regeneration projects that should enhance infrastructure in a number of our key coastal towns and villages. This will include measures to improve civic pride by providing enhanced community spaces, new active travel links and associated employment opportunities (e.g. linked to growth in tourism, construction, apprentices etc.) Local Authority Covid-19 Economic Recovery Fund (LACER) In April 2022 the Council approved a range of options to support local economic recovery and cost of living impacts on low-income households. The following suite of options were agreed and are being implemented this financial year 2022/2023. Issue Scotland Loves Local Cards to Households in Receipt of Council Tax Reduction (CTR). Cards of a value of £120 will be issued to around 6,500 CTR recipients in June 2022 Page 367
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70 Argyll & Bute Child Poverty Action Plan Review 2021-2022 Support for the Gypsy Traveller Population with Food and Fuel Costs Funding of £10,000 has been provided to Minority Ethnic Carers of People Project (MECOPP) to engage with Gypsy Travellers to review the cost of living challenges faced by the group given factors such as their remote rural location and the facilities available to the for their everyday living. Costs for engagement activities and food and fuel vouchers will be met by the fund. Working with the third sector to provide additional fuel poverty advice and support the increased demand due to the cost of living crisis. A total of £130,000 to support the increased demand for advice services and to top up funding for fuel vouchers to give to those most in need of support with energy bills. This covers the provision of £40,000 each to Argyll Lomond and the Islands Energy Advice group, Bute Advice Centre and Argyll and Bute Citizens Advice Bureau to support them with the increased demand due to the cost of living crisis. In addition the provision of an additional £10,000 to the Fuel Bank Foundation to cover the cost of fuel vouchers for vulnerable people. New Enterprise Support Grant £120,000 fund to help new businesses start up and become established. Monies to assist up to 40 new businesses start up and become established in our area. Small Business Development Grant £200,000 allocated to help existing micro and small business improve their resilience or growth assisting them to: • implement green initiatives e.g. change packaging; • implement digital development e.g. improve their website; • implement marketing improvements e.g. advertising and trade fairs; • improve efficiency and innovation e.g. capital equipment. Argyll and Bute Shop Local Card £40,000 funding to continue the card scheme for another two years and also increase marketing and uptake. This is money on cards that can only be spent in Argyll and Bute thus boosting our local economies. Sector Specific Support Grant for Businesses £150,000 to implement projects that contribute to the sector as well as benefitting businesses e.g. • Tourism and hospitality – support businesses with a project that improves visitor experience and facilities. Cafes that improve their seating and outdoor facilities. • Food and drink, new product development grant to support testing, packaging and labelling to target new markets. • Retail. Support retailers moving into an empty shop. • Regional support for additional specialist advice and tailored grants to support businesses in hard hit areas with higher than average unemployment. • Support the increased demand due to the cost of living crisis. Child Poverty Group: In the coming year the Argyll and Bute Child Poverty Group will: • Deliver more training to staff, young people and other stakeholder groups; Page 368
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71 Argyll & Bute Child Poverty Action Plan Review 2021-2022 • Form a Communications and Engagement Group and further develop these areas of work; • Use child poverty and related data to identify people and places where support requires to be focused; • Link to the work that will be happening both locally and nationally, to embed the UNCRC and children’s rights into law, good practice and public awareness. Page 369
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72 Argyll & Bute Child Poverty Action Plan Review 2021-2022 This report was produced by the Argyll & Bute Strategic Children’s Group. For more information contact: mandy.sheridan@argyll-bute.gov.uk Page 370
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Fuel Poverty Rates and Extreme Fuel Poverty rates March 2022 Cowal and Bute Dunoon Isle of Bute Cowal Source: Home Analytics 3.7.2 March 2022. Key No Yes Page 371
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Fuel Poverty Rates and Extreme Fuel Poverty rates March 2022 Helensburgh and Lomond Helensburgh Central Helenburgh and Lomond North Lomond Source: Home Analytics 3.7.2 March 2022. Key No Yes Page 372
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Fuel Poverty Rates and Extreme Fuel Poverty rates March 2022 Mid Argyll Kintyre and Islay Kintyre and the Isle South Kintyre Mid Argyll Source: Home Analytics 3.7.2 March 2022. Key No Yes Page 373
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Fuel Poverty Rates and Extreme Fuel Poverty rates March 2022 Oban Lorn and Isles Oban North and Lorn Oban South and Isles Source: Home Analytics 3.7.2 March 2022. Key No Yes Page 374
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ARGYLL AND BUTE COUNCIL COUNCIL DEVELOPMENT AND INFRASTRUCTURE 29 SEPTEMBER 2022 EXECUTIVE ACTIONS – NATIONAL POWERBOAT CHAMPIONSHIPS, DUNOON 1.0 EXECUTIVE SUMMARY 1.1 The Council’s Constitution gives specific delegations to the Chief Executive and Executive Directors in accordance with Section 3 Part C paragraph 3.2.5. This provides the Chief Executive and Executive Directors of Service the power in an emergency situation to take such measures as may be required to enable the Council to respond to an emergency situation, subject to advising as appropriate (a) the Leader, (b) the relevant Policy Lead, and where the emergency is likely to affect significantly a particular part of the Council’s area (c) the Chair of the relevant Area Committee and (d) Ward Councillors, reporting to the Council as soon as possible thereafter, on any items of expenditure for which approval would normally be necessary. This provides a basis for any urgent decisions which require to be made in response to an emerging situation. 1.2 This report advises the Council of a situation in recent weeks where such measures have required to be invoked subject to appropriate consultation. Page 375 Agenda Item 18
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ARGYLL AND BUTE COUNCIL COUNCIL DEVELOPMENT AND INFRASTRUCTURE 29 SEPTEMBER 2022 EXECUTIVE ACTIONS – NATIONAL POWERBOAT CHAMPIONSHIPS, DUNOON 2.0 INTRODUCTION 2.1. The purpose of this report is to highlight the use of emergency powers by the Executive Director of Development and Infrastructure Services, to facilitate the use of the Coal Pier Car Park in Dunoon from 9th to 11th September 2022. 2.2. Having regard to the Constitution and, as there was insufficient time for a report to be taken to the Council for approval, the Executive Director of Development and Infrastructure Services consulted with the Council Leader, the Policy Lead, the Chair of the relevant Area Committee and Ward Members to seek their views and agreement on whether the fees for the use of the car park should be waived for the specified period of time to enable the National Powerboat Championships to go ahead. 3.0 RECOMMENDATIONS 3.1 It is recommended that the Council notes the decision made by the Executive Director regarding the Fees and Charges in relation to the event, and having due regard to the Council’s Constitution in terms of the use of emergency powers. 4.0 DETAIL 4.1 The National Powerboat Championships normally hold their annual event at the Holy Loch, however are unable to do so this year due to another event taking place. 4.2 Argyll and Bute Fees and Charges places a duty on the Council to charge for the use of any car parking bays. The use of the Coal Pier Car Park in Dunoon would incur a cost of £9 per bay, per day, totalling over £900 for the period of time the Group sought to use the car park for. It should be noted that the charging policy for this car park is 0900 hours to 1800 hours, Friday to Saturday, with Sunday free. 4.3 An urgent decision was necessary with regards to the level of charging, taking into account the potential loss of income for the specified period of time. To provide support for the event and promote a wider economic benefit to the town Page 376
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of Dunoon, it was considered reasonable to waive the charge on this occasion. 5.0 CONCLUSION 5.1 In accordance with the arrangements outlined in Section 3 Part C paragraph 3.2.5 of the Council’s Constitution, the Council is invited to note the circumstances and decision with regards to the exercise of emergency provisions for waiver of arrangements of Fees and Charges for the National Powerboat Championships at Dunoon. This decision was subject to appropriate Elected Member consultation as outlined within this report. 6.0 IMPLICATIONS 6.1 Policy – emergency/urgency provisions put in place in accordance with arrangements within the Council’s Constitution. 6.2 Financial – associated costs are absorbed within existing departmental budgets. 6.3 Legal – application of the powers delegated to officers within the Council’s Constitution. 6.4 HR – none known. 6.5 Fairer Scotland Duty: 6.5.1 Equalities - protected characteristics – It is not anticipated that any of the recommendations in this report will have a potential negative impact on any particular group or discriminate on the basis of age, disability, gender, race, sexual orientation, pregnancy and maternity or religion and belief. 6.5.2 Socio-economic Duty – none known. 6.5.3 Islands – none known. 6.6 Climate Change – none known. 6.7 Risk – none known. 6.8 Customer Service – the arrangements put in place by the Council supports customer service for those attending the event. Executive Director with responsibility for Development and Infrastructure, Kirsty Flanagan Policy Lead for Roads and Transport, Councillor Andrew Kain August 2022 For further information, please contact:- Jim Smith, Head of Roads and Infrastructure Services Jim.Smith@argyll-bute.gov.uk Hugh O’Neill, Network and Standards Manager Hugh.ONeill@argyll-bute.gov.uk Page 377
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ARGYLL AND BUTE COUNCIL COUNCIL EDUCATION/ COMMERCIAL SERVICES 29 SEPTEMBER 2022 LEARNING ESTATE INVESTMENT PROGRAMME (LEIP) UPDATE POTENTIAL BID FOR NEW MULL CAMPUS 1.0 EXECUTIVE SUMMARY 1.1 The Learning Estate Investment Programme (LEIP) is the Scottish Government’s flagship programme for investment in education and is now into Phase 3. It is the successor to the ‘Schools for the Future’ programme which our Council has delivered new builds or substantial refurbishments across our education estate at Oban, Kirn, Dunoon and Campbeltown. Our Council has not applied for previous phases of LEIP and there has been encouragement for a Scotland wide engagement with the programme. There is currently no assurance there would be a subsequent phase of LEIP or prioritised funding for education in future years of this parliament until 2026. 1.2 The Scottish Government has recently clarified the timescales and application process for LEIP Phase 3 and this report aims to update Council where our team are with the development of a bid for this nationally competitive fund and seek the appropriate financial and political commitment to proceed with submission in October. It also seeks to update on engagement recently taken place with our education staff, stakeholders and communities that will assist our bid and inform the next steps of the application process should we progress to the next stage following backing from the Scottish Government. This pre-engagement which is a non – statutory process has been valuable in identifying early issues, communities to engage with at future consultations and test methods of communication. 1.3 The Council’s Learning Estate Strategy (adopted November 2021) has identified the priorities in terms of education new build are focussed on delivery of new campus opportunities on our islands of Mull and Islay based on the assessed fabric condition and learning suitability. Of these two locations, Mull is our preferred bid for LEIP funding and top priority based on a number of suitability criteria, most notability the current suitability of our current estate in Tobermory. Given that LEIP will only fund up to 50% of construction costs with remainder having to be resourced by Council or other sources it would be unaffordable to progress with 2 bids at this current time. Furthermore, given the nationally competitive nature and likelihood of oversubscription to this fund we are also looking to consolidate with a single unified bid for Mull – rather than twin tracking multiple applications. 1.4 Given the financial scale of the ask, which will be measured in several tens of millions of pounds to the Council, and clear political commitment it is essential Page 379 Agenda Item 20a
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there is a mandate by Council to progress with a bid of this scale and significance. To this extent, a clear direction is requested from Council on where to make a LEIP bid submission by the deadline date of 31st October 2022, or not. The full application will continue to be worked on up to submission date but a draft is contained at Appendix D. ARGYLL AND BUTE COUNCIL COUNCIL EDUCATION/ COMMERCIAL SERVICES 29 SEPTEMBER 2022 LEARNING ESTATE INVESTMENT PROGRAMME (LEIP) UPDATE POTENTIAL BID FOR NEW MULL CAMPUS Page 380
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2.0 RECOMMENDATION That the Council: 2.1.1 Note that the Scottish Government has confirmed the timescales for the next round of the Learning Estate Investment Programme (LEIP) i.e. inviting submissions by 31st October. 2.1.2 Note a business case and application is being prepared for a submission to the LEIP process for a new Campus on Mull in line with the adopted Learning Estate Strategy; 2.1.3 Note that pre-engagement activity has been ongoing with the Mull community about the potential LEIP bid between August and 9th September with over 200 representations or feedback received. Further statutory consultation will take place if a bid is made and successfully progresses to the next stage; 2.1.4 Note and consider the financial position and affordability of a LEIP bid as set out in attached Appendix B. This appendix is exempt from publication due to the commercially sensitive and competitive bid nature of financial forecast information contained. 2.1.5 Agree to proceed with the submission of a LEIP bid by 31st October based on the entirety of this report, our priorities specified in the Learning Estate Strategy, financial context and advice from Section95 officer (Appendix B), pre- engagement feedback (Appendix C) and on the basis that if our bid is successful, financial provision as estimated in Appendix B will require to be made from 2023/4 onwards. 3.0 Background 3.1 The Scottish Government launched the Learning Estate Investment Programme (LEIP) in 2019 and aims to deliver over £2bn of education estate jointly funded by them and Local Government. There have been 2 phases of LEIP already and 37 projects across the country are now underway at various stages with some nearing completion of construction. The 3rd phase was launched following the Local Government elections in May this year. Argyll and Bute Council are in the minority as we have not applied for any LEIP funding thus far and it is notable that only 1 Island project (Barra) has been successful in obtaining funding from across the country. There is a keenness for a wide and equitable sharing of this government fund and Scottish Futures Trust (SFT) have encouraged Argyll and Bute’s (and others) participation in round 3 of LEIP. We anticipate it will be a very competitive process with oversubscription of applications due to this being last round of government funding on offer plus financial challenges of all Councils. To this extent, there can be no guarantee that if a bid from Argyll and Bute is submitted it would be successful. 3.2 The funding model for LEIP differs from the ‘Schools for the Future Programme’. In summary, successful local authority applicants will benefit from the Scottish Government providing revenue funding for the new builds through an annual payment over 25 years on the basis that certain criteria are met. These criteria include ‘condition of the building’ (to be maintained as Grade A or B for lifetime), Page 381
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‘energy efficiency’, ‘digitally enabled’ and ‘supportive of economic development’. Recently added criteria also apply to things like embodied carbon, EV charging infrastructure, outdoor learning and infection control. The Scottish Government is likely to meet around 50% of the build costs over the 25 year lifetime. Costs for elements such as purchase of land, residential / hostel accommodation, operational or running / revenue costs and design development fees are also excluded from the LEIP funding that is provided so Council would need to meet these in full. 4.0 Timescales for Phase 3 – Political, Financial & Community Commitment 4.1 In December 2021 the Cabinet Secretary for Education and Skills outlined to Parliament that LEIP Phase 3 would seek projects within 12 months. The following are the most up to date timescales for the programme:- 1st July 2022 – LEIP Board wrote to CEO to invite submissions; 11th August 2022 – Pre-engagement Community Meetings Mull; 29th September 2022 – Argyll and Bute Full Council to consider; 31st October September – Local Authority Submissions; December 2022 – LEIP Board announcement of successful bids; December 2027 – New facilities to be opened A more detailed routemap can be seen at Appendix A. 4.2 The Scottish Government have set out a number of detailed requirements for submissions and are encouraging Councils in their applications to cover: a) Local investment priority(s) and their context within the ‘Place’ b) The proposed Vision, Strategic Outcomes and Objectives for the project(s) c) Alignment with Learning Estate Strategy 2019 Guiding Principles d) Ensuring political and financial commitments are in place for the investment priority(s) e) Demonstrating implementation of the terms and conditions of the programme on Phase 1&2 projects (where applicable). 4.3 The project team developing the bid are well progressed with the proposition for LEIP 3 in the context of the above. 5.0 Strategic Outline Case - Mull 5.1 In accordance with the Council’s adopted Learning Estate Strategy the Council has prioritised cases for strategic change on Islay and Mull. This is based on current suitability and condition aspects of the current infrastructure / estate but also noting the majority of mainland towns have had new campus developed within the last 15 years and seeking to address our islands on an equitable basis. Previous Scottish Government funding has been accessed to deliver new schools at Hermitage Academy, Dunoon Grammar, Oban High, Oban Primary Campus, Campbeltown Grammar, Rothesay Joint Campus, Lochgilphead Joint Campus, Dunoon Primary (significant refurbishment) and Kirn Primary at a cost of around £180m. Page 382
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5.2 Consistent with all local authorities our Schools are assessed in terms of suitability (from an educational perspective) and condition (from a building fabric perspective). The current assessments highlight:- SCHOOL CONDITION CRITERIA SUITABILITY CRITERIA ALL Islay B B ALL Mull (excluding Tobermory) B B Tobermory Campus B C Definition of Condition B = ‘Satisfactory’ Condition C = ‘Poor’ 5.3 Given current Tobermory Campus is assessed to be ‘C - poor’ in terms of suitability there is a requirement to improve the situation and that is therefore our top priority. The lower grading of Tobermory is largely driven by accessibility, restrictive drop off space, lack of social spaces and restricted specialised classes. Given that LEIP will only fund up to 50% of construction costs of eligible spaces with the remainder having to be resourced by Council or other sources it would be unaffordable to progress with 2 bids at this current time. Given the nationally competitive nature and likelihood of oversubscription to this fund we are also looking to consolidate with a single unified bid for Mull – rather than twin tracking multiple applications. 5.4 Analysis of the council expenditure on Mull also highlights a trend of increasing reactive or maintenance spend and a sizable sum of investment on degrading fabric at the high school over the past 5 years. Items like water ingress in roofs + electrical upgrading is common source of expenditure. The condition of the building can be improved from further investment, however the suitability is much more challenging to be upgraded without wholesale remodelling. Such year on year construction can be detrimental on both pupils and learners over long period of time or require decanting of operations for periods. Other environmental (climate change) standards or digital enhancements will also remain below the minimum standard compared to a new build LEIP school. 5.5 The services of Hub North (who assisted in development of some of our previous school projects) and the Northern Alliance (an Education focussed support network) have led to the development of a ‘Business Case’ for Mull. As this is a strategic or initial business case no specific sites or models have been tested. The bid, if progressed, would be an application for funding to benefit the entire island of Mull. More detailed site selection and analysis of costs will require to be completed if we are selected by the Scottish Government to proceed to the next stage of the process. It is the responsibility of the Council to meet all design development, consultations, site assessment and land acquisition costs up front. 6.0 Financial Case & Affordability 6.1 As we know from experience the construction of new public infrastructure – particularly the education estate and on islands – comes with significant financial commitment. As a benchmark the new Oban High and Campbeltown Grammar cost in excess of £36m and £26m, respectively. At this stage high level numbers and financial forecasts are being worked on to allow for budget planning and Page 383
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decision making. It will be necessary to identify suitable ‘island weighting’ and construction sector inflation to budgets given the nature of building on Mull. Budgetary figures will be refined and crystallised if successful in progressing to the next stages of LEIP process and during site selection but enough information is present to provide an informed range of costings or financial outlay that will be required. 6.2 Information relating to finance is contained within Appendix B for elected Member consideration. Some of the financial information is sensitive due to commercial and competitive nature of the bid at this stage and is therefore publicly restricted. 6.3 At the levels of investment that are being considered there is no denying this will be one of the biggest public sector infrastructure projects on the island in many years and has potential for regeneration and economic stimulus. Jobs created during construction period and longer term attraction of a modern campus with modern facilities can act as a catalyst for change. Depending on site selected it can also have secondary benefits – as we have seen in Helensburgh where the new Hermitage Academy has now had a supermarket, business park and new housing development expanded on 3 sides of it since its construction. Site selection will have a key impact on overall affordability and financial context as things like ground conditions, land ownership, availability of labour and decant (if required) will all need to be considered. 7.0 Engagement 7.1 For such a significant transformational investment to succeed it is essential to understand and engage with our communities. There is no statutory or Government requirement to consult with our communities prior to a LEIP Submission being made in October. However, submitting evidence that we have commenced some form of awareness raising and engagement with our communities is likely to strengthen our submission in this competitive process. If successful in our application a formal and statutory period of community consultation would follow as outlined at Appendix A. 7.2 The team have undertaken a pre-engagement exercise with stakeholders on Mull and a number of workshops have been held on 11th August and 7th September. Social media campaign and 1:1 discussions with Community Groups also took place. The engagement and message has been at a high level with the purpose of the pre-engagement being primarily to allow stakeholders to confirm if they have ambition for a new campus based on Mull. The process has also been really useful as in dialogue with the community we have been finding additional ways of communicating and ensuring that all messages reach all groups of interested community members. Should we be successful in the funding submission, this will all be extremely useful to shape the engagement programme for the Statutory Consultation. Some of the messaging has been about the background to LEIP Process, headlines from the business case, photos / videos of schools Council has developed in past, next steps and timescales. 7.3 The Stakeholders have included: Ward Councillors HT & School Staff Parent Councils Pupils Community Councils Page 384
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Wider Public 7.4 A summary of the feedback obtained thus far is contained at Appendix C. With main headlines being Overwhelming support for a new campus on Mull to serve island + Iona; Varying views on location of new campus – central island VS Tobermory; Importance of widespread engagement with all parts / groups of Community; Interest from some in Hostel accommodation that could address long travel issues (we should note however that this has been relatively low and early indications are that the addition of a new hostel would not qualify for LEIP funding and the potential costs would be substantial); Range, scope and importance of community facilities integrated; Staffing and curriculum assurance and attainment; 7.5 Unanimous support for a new campus has been expressed thus far but feedback on location was overwhelmingly of most interest to participants. To be clear, the bid will be for a campus on Mull, with location and site specific’s to be considered and engaged on if we do progress to next stages in 2023 onwards. There are varying degrees of interest for hosting the new site in or around Tobermory (the existing town for the campus) but also in a more central island location. There are a range of complex positions on both. Whilst this is not a matter to be considered now or before LEIP bid is submitted in October it is essential that Members are aware there is a divergence of views within the Community on where the campus should be located and there is potential for disappointment or conflicting views that require to be considered alongside management of expectations. 8.0 Summary and Next Steps 8.1 The Council is invited to instruct officers to continue with preparation and submission of LEIP Bid by 31st October 2022 based on the information contained herein. This decision needs to be considered in the context of the educational priorities contained within our Learning Estate Strategy, learning benefits, regeneration, condition / suitability of the current building, community and overall affordability. 8.2 All LEIP applications will be considered by a Scottish Government appointed panel with final decision resting with Ministers. The Panel is programmed to write back to all applicants in December 2022 with outcome. Feedback will be reported back to full Council in early 2023. 9.0 Implications 9.1 Policy – The Council’s Learning Estate Strategy 2021 sets out that the ambition is to provide a property school estate that is of category A or B in terms of suitability and condition plus a number of other modern standards. Seeking to access LEIP funding to deliver new build estate on our priority location, Mull, supports that ambition. Page 385
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9.2 Financial - Accessing LEIP is a significant financial commitment to the Council as the entire design development, associated cost like land acquisition (if required) and construction costs will be required to be met in full by the Council. The SG would then provide up to 50% of eligible capital costs back over 25 year annual payment if criteria is met. There is risk in this model should criteria not be met and also in terms of risk of construction in current climate so specific financial and affordability advice from Section 95 Officer has been provided. 9.3 Legal – Accessing LEIP is a significant contractual and legal commitment to the Council which will be duly considered if move to next stage. 9.4 HR – None at this stage. Considered at future stages if progress. 9.5 Fairer Scotland Duty 9.5.1 Equalities – None at this stage. Considered at future stages if progress. 9.5.2 Socio-economic Duty – The level of investment in a new Campus will be substantial and Scottish Government have set requirements to deliver socio economic benefits if progressed. 9.5.3 Islands – Positive implications given top priority in this competitive process has been identified as Mull. 9.6 Climate Change – Scottish Government have set requirements to key climate change criteria and benefits if progressed 9.7 Risk – Risks exists both in terms of financial and reputational. If progress to next project stages a risk register will be developed. 9.8 Customer Service – Pre-engagement has commenced and will be ongoing throughout process as progress. Douglas Hendry – Executive Director with responsibility for Commercial Services and Education. Yvonne McNeilly – Policy Lead for Education For further information contact: Ross McLaughlin, Head of Commercial Services Ross.mclaughlin@argyll-bute.gov.uk Appendices Appendix A - Routemap Appendix B - Financial & Budget Position (PUBLICALLY RESTRICTED) Appendix C - Pre-Engagement Feedback Appendix D – Draft Submission – working draft for 31st October (PUBLICALLY RESTRICTED) Page 386
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Appendix A – Routemap Page 387 Agenda Item 20b
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Document is Restricted Page 389 Agenda Item 20cNOT FOR PUBLICATION by virtue of paragraph(s) 8, 9 of Schedule 7A of the Local Government(Scotland) Act 1973
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Appendix C – Pre-Engagement Feedback A series of pre-engagement sessions were held in Tobermory High School on Thursday 11 August and in Bunessan Primary School on Wednesday 7 September, both of which were well received. There were sessions for school staff; parent / community Councils; Parents and public. Each of the sessions had a presentation from Wendy Brownlie, Head of Education and Ross McLaughlin / Shirley Johnstone, Commercial Services providing information around why Mull was considered the councils priority, and the LEIP funding and Learning Estate Strategy. There were information boards which provided examples of completed projects within Argyll and Bute and nationally to demonstrate the sort of learning environment that can and has been achieved. There was an opportunity for attendees to speak to the team made up of education and commercial services officers (also supported by colleagues from the Northern Alliance at the meetings held on 11 August), with all attendees being encouraged to leave feedback and comments. Pupil engagement sessions were held during the weeks of 15th and 22nd August 2022 and further feedback on the comments and views expressed by pupils were gathered from all sessions. Summary of the attendees and responses 0 20 40 60 80 27 18 23 3 62 Pre-engagement session attendance Bunessan Community Parents & Carers PC & Community Council Chairs School Staff Page 393 Agenda Item 20d
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Response to the Exit Poll question The exit poll question at each session in both Tobermory and Bunessan and at each of the school sessions with pupils was “Do you want us to progress with the Learning Estate Investment Programme funding application for a new campus on Mull?” At all of the sessions for teachers, parents, public (primarily attended by adults) there was a unanimous “Yes” with no one responding with “No”. The pupil sessions was slightly different. The chart below shows the total number of responses received through all of the face to face sessions and the support received by email: Following the pre-engagement sessions, all of the information provided on the day is was made available on the council’s website at www.argyll- bute.gov.uk/consultations/mull-campus with a dedicated email address for anyone to provide a comment / view. Through communications on the council’s social media and through the schools and community councils there had been several reminders and encouragements to leave a comment before 9th September. Please see below a summary of the topics that were raised: Unanimous support for a new campus has been expressed thus far but feedback on location was overwhelmingly of most interest to participants. To be clear, the bid will 13 4 57 45 16 112 131 1 35 21 0 Details of the Categories of Issues Raised Accessibility Buildings Community Curriculum Hostel In Favour Location Nursery/Pre5 Outdoor Facilities 295 46 39 Total Sum of Yes Sum of No Sum of Not Sure Page 394
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be for a campus on Mull, with location and site specific’s to be considered and engaged on if we do progress to next stages in 2023 onwards. There are varying degrees of interest for hosting the new site in or around Tobermory (the existing town for the campus) but also in a more central island location. There are quite a range and complex positions on both. Whilst this is not a matter to be considered now or before LEIP bid is submitted in October it is essential that Members are aware there is a divergence of views within the Community on where the campus should be located and there is potential for disappointment or conflicting views that require to be considered alongside management of expectation. Page 395
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Document is Restricted Page 397 Agenda Item 20eNOT FOR PUBLICATION by virtue of paragraph(s) 8, 9 of Schedule 7A of the Local Government(Scotland) Act 1973
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ARGYLL AND BUTE COUNCIL COUNCIL DEVELOPMENT AND ECONOMIC GROWTH 29th September 2022 BID4OBAN - APPROVAL OF BALLOT SUBMISSION AND BUSINESS PLAN - THIRD BALLOT 1.0 EXECUTIVE SUMMARY 1.1 At the Council meeting on 30th June 2022 Elected Members considered a report which asked members to endorse the Oban Business Improvement District (BID) ballot submission and to note the Draft Business Proposal Term Three, in support of the ballot. Due to internal issues at BID4Oban, the ballot was not able to go ahead on the planned date of Thursday 6th October 2022. The final ballot submission documentation and the business proposal has now been received. 1.2 The purpose of this report is to ask Members to approve the Oban Business Improvement District (BID4Oban) ballot submission and to approve the Business Proposal, Term Three, in support of the ballot. The ballot is due to take place on Thursday 8th December 2022 (the ballot day). This will be a postal ballot and votes must be received by 5pm on the ballot day to be considered valid and included in the count. 1.3 The principle aim of the BID is to deliver projects and events to improve the trading environment for businesses, their customers and visitors. The business proposal informs levy payers on specific contributions required and outlines the objectives, benefits and outcomes of a BID over a 5-year period. The business proposal also sets out how levy contributions will be used and details the assumed return from this investment. 1.4 If approved, the ballot will take place over 42 days, from Thursday 27th October to Thursday 8th December (‘the ballot day’) in 2022. If successful the levy could potentially raise £168,362 a year to be spent on Oban, and over 5 years this could be in excess of £841,810. BID4Oban have therefore proposed how these levy payments could be invested to further grow the economy of Oban, based on the success of the previous two terms of the BID4Oban delivery. 1.5 Through the provision of information and advice, Officers from Development and Economic Growth, Legal and Governance, Customer Services and Strategic Finance have supported BID4Oban in their development of this BID ballot submission. The BID4Oban Business Proposal, Term Three, is attached at Appendix One. The business proposal represents the Oban Business Community’s proposals for the most effective utilisation of the BID’s levy, to support the continued development of Oban. Page 407 Agenda Item 21a
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RECOMMENDATIONS That the Council agrees:- a. To approve the ballot request, to approve the Oban BID Business Proposal and agree to instruct the Returning Officer to conduct a ballot over 42 days in 2022 from Thursday 27th October to Thursday 8th December (‘the ballot day’). b. To authorise the Executive Director with the responsibility for Development and Economic Growth to cast the votes on behalf of the Council in favour of the BID. c. To approve that the Council will charge £7,956 (incl VAT) per annum, to BID4Oban for administering the levy charge to businesses in Oban, with charges thereafter increased annually. The first increase will apply on 31st October 2023 and annually thereafter for the subsequent term of the BID. d. To approve that, if BID4Oban are successful in the ballot, the Council will pay an estimated £6,120 per annum in levy contributions for Council properties in Oban. e. To note that if the BID group are successful in the ballot, two representatives from the Council would be requested to sit on the BID4Oban Board, one Elected Member and one Officer. Page 408
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ARGYLL AND BUTE COUNCIL COUNCIL DEVELOPMENT AND ECONOMIC GROWTH 29th September 2022 BID4OBAN - APPROVAL OF BALLOT SUBMISSION AND BUSINESS PLAN - THIRD BALLOT 2.0 INTRODUCTION 2.1 At the Council meeting on 30th June 2022 Elected Members considered a report which asked members to endorse the Oban Business Improvement District (BID) ballot submission and to note the Draft Business Proposal Term Three, in support of the ballot. Due to internal issues at BID4Oban, the ballot was not able to go ahead on the planned date of Thursday 6th October 2022. The final ballot submission documentation and the business proposal has now been received. 2.2 The purpose of this report is to ask Members to approve the Oban Business Improvement District (BID4Oban) ballot submission and to approve the Business Proposal, Term Three, in support of the ballot. The proposed ballot is due to take place on Thursday 8th December 2022 (the ballot day). This will be a postal ballot and votes must be received by 5pm on the ballot day to be considered valid and included in the count. 2.3 The BID4Oban (BID) has successfully completed its second BID term with a number of key objectives delivered for the benefit of the town of Oban over the past ten years. The Business Proposal, Term Three again sets out the governance, objectives, levy payments and benefits for business owners in Oban. In line with this, if the ballot is successful, the Council will be required to pay an estimated annual levy charge of £6,120 over five years for Council properties in Oban. 3.0 RECOMMENDATIONS 3.1 That the Council agrees:- a. To approve the ballot request, to approve the Oban BID Business Proposal and agree to instruct the Returning Officer to conduct a ballot over 42 days in 2022 from Thursday 27th October to Thursday 8th December (‘the ballot day’). b. To authorise the Executive Director with the responsibility for Development and Economic Growth to cast the votes on behalf of the Council in favour of the BID. Page 409
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c. To agree that the Council will charge £7,956 (incl VAT) per annum, to BID4Oban for administering the levy charge to businesses in Oban, with charges thereafter increased annually. The first increase will apply on 31st October 2023 and annually thereafter for the subsequent term of the BID. d. To agree that, if BID4Oban are successful in the ballot, the Council will pay an estimated £6,120 per annum in levy contributions for Council properties in Oban. e. To note that if the BID group are successful in the ballot, two representatives from the Council would be requested to sit on the BID4Oban Board, one Elected Member and one Officer. 4.0 DETAIL BID4Oban Business Plan 4.1 The BID4Oban (BID) has successfully completed its second BID term with a number of key objectives delivered for the benefit of the town of Oban. The business proposal informs the Council and other levy payers with regard to the merits of continuing the BID initiative, which has been in operation for the last ten years. 4.2 The principle aim of the BID is to deliver projects and events that will improve the trading environment of the BID area to benefit businesses operating in the town of Oban, their customers and the many visitors to the town. The Business Proposal, (appendix 1) sets out the main objectives, benefits and outcomes of the BID board to be delivered over the next five years of operation. It informs the council and other levy payers on the level of their contribution, how this will be collected, and what the levy payers will see in return for their investment. The likely income and expenditure is included in the Plan as well as management and governance mechanisms. A process of consultation with levy payers has been undertaken by the BID. 4.3 The benefits of the levy are that it could potentially raise £168,362 a year to be spent in Oban, and over 5 years this could be in excess of £841,810. This would allow local businesses to spend money on their priorities that will work alongside future council and key partner activity. BID4Oban Process 4.4 The ballot submission sets out the BID ballot process. It is proposed that the ballot will open for 42 days in 2022 from Thursday 27th October to Thursday 8th December (‘the ballot day’), with the ballot papers being counted on Friday 9th December 2022 and the results published within one week of this date. This will be facilitated by Argyll and Bute Council. 4.5 For the BID to be successful the ballot has to demonstrate a minimum 25% turnout and of those that vote, over 50% by number and 50% by combined Page 410
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rateable value must vote in favour of the bid. 4.6 If successful, the third term of the BID will commence again on 19th December 2022 and will run for a period of five years until the 31st October 2027. Council Commitment and Finances 4.7 The Council has committed both local Elected Member and local officer time to the BID over the past ten years. If the BID ballot were successful, BID4Oban would again request two representatives from the Council to sit on the BID Board, one Elected Member and one officer. 4.8 If the ballot is successful then Argyll and Bute, as a levy payer, will be required to pay levy on its properties in Oban. This estimated contribution is £6,120 per annum. 4.9 If the ballot is successful the Council will charge BID4Oban £7,956 (incl VAT) per annum, for administering the levy charge to businesses in Oban, with charges thereafter increased annually. The Operating Agreement states that “The Council’s charge for the provision of the Services on an annual basis will be £6,500 (excluding VAT) (the “Council Annual Charge”), representing its reasonable administrative costs in providing the Services (to be identified and agreed between the Council and the BID Company) yearly, and having effect on the 31 October of each year for which a BID is in place. Charges will be increased annually by CPI based on the increase over the last 12 months. Following receipt by the BID Company of a valid VAT invoice, the first payment will be due together with VAT within 4 weeks of receipt, or later by agreement.” The Council’s charging price noted above is based on October 2022 and will be updated by CPI annually. 5.0 CONCLUSION 5.1 BID4Oban has been highly successful over the last ten years of operation with a significant number of initiatives and projects carried out that are in addition to statutory and non-statutory council services. The BID4Oban Board, following consultation with levy payers, has decided to ballot for a third term of five years and have prepared a business proposal (attached as an Appendix to this report) that identifies their objectives for the next five years. If successful this process will allow the work of the BID to continue in relation to the improvement and promotion of Oban, adding to the work undertaken by the council and a range of other partners drawn from across the sectors. This report recommends that the Council approve the ballot request, and approve the BID4Oban Business Proposal, Term Three, attached as Appendix 1 and associated financial requirements. 6.0 IMPLICATIONS 6.1 Policy – Supports the delivery of the Local Outcome Improvement Plan and Page 411
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the Council’s Economic Strategy and Economic Recovery Plan. 6.2 Financial - The estimated Council levy payment will be £6,120 per annum for a period of 5 years as a budget pressure from the general unallocated fund. The Council will charge £7,956 (incl VAT) per annum to the BID4Oban for the collection and administration of the levy, with charges increasing on an annual basis. 6.3 Legal - Facilitation of ballot. 6.4 HR - Council officers are supporting the Oban BID. Two Council representatives, one Elected Member and one Officer will be requested to attend BID4Oban Board meetings. 6.5 Fairer Scotland Duty 6.5.1 Equalities –protected characteristics – None. 6.5.2 Socio-economic Duty - The BID aims to reduce inequalities of outcome caused by socio-economic disadvantage in Oban and represents the collective responsibility to grow the Oban economy. 6.5.3 Islands - This BID will encompass the whole of Oban. 6.6 Climate Change - The business plan will take environmental impact into consideration in the delivery of projects. 6.7 Risk – The ballot may be unsuccessful. 6.8 Customer Service – None. Executive Director with the responsibility for Development & Economic Growth – Kirsty Flanagan Policy Lead for Economy and Rural Growth – Councillor Robin Currie September 2022 For further information contact: Fergus Murray, Head of Development and Economic Growth Fergus.Murray@argyll-bute.gov.uk Page 412
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Appendix 2 29/8/2022. Details of Consultation Process Consultation of the BID4Oban renewal ballot is ongoing. This will continue between now and the publishing of the full business plan which is expected to be published in draft by 31/08/2022 with a full version being sent to those eligible to receive ballot papers and therefore vote on the proposal by 27/10/2022. Initial conversations have taken place with 59 local businesses (appendix 1) who are fully supportive of what we have achieved and what we plan to do in a third term. As an active BID we are in regular contact with all our levy payers via direct face to face contacts, direct emails, social media and MailChimp emails to all levy payers. At our AGM of 20th April 2022, there was resounding support for the BID to continue as a result of COVID recovery and the work undertaken by the BID company. We have engaged the services of a media company Innes and Campbell who are actively producing a communications strategy as soon as the draft Business Plan is produced. This will highlight all our achievements over the last ten years and our exciting proposals for our third term. As series of roadshows/meetings will be undertaken for the 42 days between sending out of ballot papers and the ballot date. Given that Oban is a highly seasonal town, the majority of consultations and communication of proposals will be one to one, face to face. We are working with AITC (Argyll and the Isles Tourism Cooperative) to highlight the benefits of the BID Company. We have a close working relationship with our Area Committee of Councillors, MP and MSP’s. They are fully supportive of our BID for a third term. Our work with our local newspaper, Oban Times is testimony to some of our successes and we feature weekly with support for business and events etc. All consultations have been logged and are available for scrutiny in the following Appendices: 2.1 Oban BID Renewal Ballot Survey. 2.2 Mailchimp Campaign Results for 122 emails to Levy payers. 2.3 Oban BID Re-Ballot, 21 July 2022. Details of Email posted. 2.4 Oban BID Re-Ballot - Consultation Reminder Rockfield Centre 2.5 BID4Oban Re-ballot Survey - Urgent Survey Request 2.6 Oban Times BID4Oban 20 page review pullout 2.7 Oban Times News from BID4Oban - The Oban Times13 April 2022 2.8 Oban Times BID4Oban News - The Oban Times 16-06-2022 2.9 Oban Times BID4OBan-Ballot-ToExtendObanBIDfor5yearsAPPROVED-07-07-2022 2.10 Oban Times BID4Oban ballot update - The Oban Times 13-07-2022 Page 415 Agenda Item 21c
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2.11 Oban Times Have your say at BID4Oban consultation meetings - 01-08-2022 2.12 Google Analytics Oban.org.uk 1 Nov 2017 to 30 Aug 2022 – 8.9 million pageviews 2.13 Facebook Statistics August 2022. 2.14 Next Steps Document. Andrew Spence BID4Oban Chief Executive. Page 416
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Appendix 3 BID 4 OBAN Renewal ballot Business Plan Foreword by Antony Cave BID Chair I am delighted to present this renewal proposal, which outlines your priorities and gives a taste of how we can continue to improve and make Oban even better by working together. A BID is where businesses, within a defined geographical area, vote to invest collectively in local improvements over and above those provided by statutory authorities. It is a partnership arrangement where the local business community and the statutory authorities work together on projects that will benefit the local economy and local businesses. Continued support BID4Oban provides a great opportunity to work together and make the changes we all want. The cost to our businesses is low and through BID4Oban we can maintain access to external assistance and funding not available to individual businesses. All the proposed improvements were ideas initially from you, which came out in our surveys and consultations. Every business in the area has had the opportunity to let us know what their priorities are. By getting involved in BID4Oban, we can keep working together to increase footfall, stimulate investment and enhance the reputation of our town. The purpose of the BID4Oban is to support our businesses and our community, increase trade, improve our business environment, and make Oban an altogether better place to live, work and of course play. You can find more information on our website www.bid40ban.co.uk , or for more general or national information refer to ImprovementDistricts.scot A notice of ballot will be sent to all eligible persons (those eligible to vote in the ballot) on or before 27/10/2022 along with ballot papers. Those eligible to vote will have 6 weeks to cast their vote before the ballot closes at 5pm on 08/12/2022 Ballot papers received after this date and time will be null and void and not be counted. I have been involved in business in Oban for several years and know a lot of the businesspeople in the area. I would ask you all to vote YES so that we can work together to continue to make Oban the thriving prosperous business community we have become accustomed to. Being a part of the business community in Oban for many years and having seen the benefits of the BID, I would ask you all to vote YES so that we can continue working together for the benefit of the town and our local community. Chair – Antony Cave Page 417
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Craigard Décor Craigard Road, Oban “Business” or variations of the word “business” are used throughout this document. The word “business” in this context refers to property owners or tenants and occupiers of properties who are liable to pay the non-domestic rate (NDR), whether they pay business rates or not. This includes all properties listed on the Scottish Assessors Association Portal (website) with a non-domestic rateable value, many of whom may be a charitable organisation, public sector organization, social enterprise or community group who may not consider themselves to be a business Aims and Objectives of BID 4 Oban Our Aim The principal aim of the BID is to deliver projects and services that will improve the trading environment of the BID area to benefit businesses, their customers and visitors. Our Objectives ● To improve the economic opportunities for the businesses in the town ● To increase footfall, both local and visitor ● To make the BID “cost neutral” for each business ● To address the issues of individual sectors ● To improve businesses’ relationships with each other, the local authority and the community ● To market the town to a local, regional, national and international audience in conjunction with AITC ● To give businesses a strong, unified voice ● To support local voluntary groups whose aims align with the BID ● To work closely with the local Tourist Association to increase awareness of the town outside the local area What exactly is a BID? A business improvement district (BID) is about businesses working together and investing collectively in local improvements in addition to those delivered by the statutory authorities, over an agreed period (normally 5 years). Stronger together than working alone. A business improvement district is usually a partnership arrangement through which the local business community and the statutory authorities take forward projects to benefit the local businesses and grow the local economy. Page 418
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A BID is not a substitute for central or local government expenditure, but an additional investment to strengthen the local economy. BIDs are developed, managed and paid for by the private sector using a compulsory Levy, which the businesses within the proposed BID area must vote in favour of before the BID can be established. The ballot for the Oban BID will be open for 42 days from the 27th October to the 8th December 2022, the ballot day. Each business liable to contribute to the BID will be able to vote on whether or not the BID goes ahead. History of the BID movement BIDs started in Canada over 40 years ago in a small town called Bloor West Village, near Toronto. Businesses struggled to cope with competition from a new out-of-town shopping centre, which resulted in many business insolvencies, empty shops and a neglected-looking town centre. Businesses got together and devised a plan to revitalise the town and successfully lobbied for legislation for all businesses in the proposed BID area to pay a Levy. The investment Levy was used to make physical improvements to the town centre and to promote the town. The success of the Bloor West Village BID paved the way for future BIDs. Today there are over 1700 successful BIDs worldwide. An additional measure of BID’s success is in the renewal process. Most BIDs run for five years and approximately 99% of businesses vote in favour of continuing the BID when they come up for renewal. In Scotland, all of the BIDs that have been to renewal ballot have successfully demonstrated that businesses value the projects and services delivered by the BIDs. BIDs can support regeneration, grow local economies, create local employment and create a cleaner, safer trading environment. A key element to their success is the local businesses taking ownership and responsibility for their trading environment; identifying the necessary projects to resolve common problems and issues and overseeing its implementation, whilst also contributing to the future direction of the town and its development. There are currently 35 fully operational BIDs in Scotland with a further 30 in development. Why should BID4Oban Continue? If we do nothing, then nothing will be done! Oban has experienced significant changes over recent years, not least the challenges posed by Covid which along with cutbacks in local authority budgets, the increased traffic in the town due to RET, and the increased pressure that it is putting on the town’s limited parking provision. In the last 10 years, BID4Oban has worked tirelessly on behalf of the businesses in the town and the broader local community to mitigate these challenges. Traffic management and access issues are a problem for a lot of businesses. The continuing Page 419
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rise of energy costs and the new rateable values are putting more pressure on businesses and Oban requires a coordinated response from all businesses to address these problems. The retail sector, in particular, has suffered with the growth of online shopping; however, we are fortunate that having a strong tourist trade has helped to mitigate some of this impact with a vibrant, clean and attractive town which continues to lead and support events and activities that encourage visitors and locals alike. To keep tourists and shoppers coming to Oban, we have to encourage visitors to come in the quieter months in increasing numbers and so extend the season. In addition, we have to work with and occasionally lobby the local authority to ensure that local strategies do not negatively impact trade. After consultations with businesses from a range of sectors, it became clear there was commonality in the problems they faced. There is a continued desire to see Oban prosper and a real appetite to embrace a new way forward and to change and make improvements. There are lots of voluntary groups in the town, with no shortage of community spirit and a ‘can do’ attitude. These groups can suffer from a lack of funds and dedicated resources which is where BID4Oban can help local groups to achieve more with extra resources and funding which provides the cohesion that helps all types of local groups to deliver better results both for their groups and the benefit of the wider community. There is a desire from a range of sectors to see improvement in the town’s marketing activity. The BID will continue to work directly with AITC (Argyll & the Isles Tourism Co- operative), under a memorandum of understanding, with a defined budget to deliver key projects. BID4Oban will also work with local environmental groups. This will help to improve the overall appearance of the town for the benefit of locals and visitors alike. We will improve the biodiversity of the town and assist the local authority to adopt greener environmental strategies that will be sustainable due to overall savings made. BID4Oban provides a unique opportunity for local businesses across all sectors to work together, invest collectively and undertake projects which contribute positively to improving the economic viability of the town and securing investment in the town. History of BID4Oban The concept of a BID in Oban was first discussed in 2008. A steering group was set up by like-minded businesses that dedicated staff time and agreed that increased investment was required for the town to maintain its competitiveness and increase the number of visitors coming to the area. After work by the original steering group in 2012 was done, a ballot was held and BID4Oban came into being. BID4Oban has operated for 10 years as a not-for-profit limited company with a dedicated and independent board of directors. The support of the Scottish Government and Argyll and Bute Council has been integral to the success of this project. Page 420
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How does Oban benefit from BID4Oban? All businesses in the town have the opportunity to benefit from the projects and services that the BID4Oban delivers. Some such services are: ● Support for existing groups and organisations ● An improved customer perception of accessibility ● Improved customer knowledge of goods and services ● Increased marketing to local, regional, national and global customers ● Access to funding to reduce property improvement costs ● Cost reduction through professional negotiation on utility bills ● Cost reduction through collective investment and joint promotion ● An increased number of visitors ● A local voice for business opinions included in local policy and developments ● Better trained staff to improve customer service ● Increased networking opportunities ● Improved signage ● Increased use of technology to solve local problems BID4Oban WIFI ● Projects to increase shop diversity and lower vacant unit rates ● Information seminars to help with the problems that particularly affect SMEs ● Collective training programmes, reducing staff travel time and delivering savings Key highlights BID4Oban 2017-2022 ● 51 Events supported financially at a cost of £92,460 ● Numerous events supported by in kind support & Advice Some of our Achievements and Projects ● 550 Businesses pay the levy ● Income £200K PA ● 200 Business improvement grants awarded ● Oban Live – Four-year project generating £1.4M PA ● In kind support Oban Live £20K ● Town diary of events & Oban What’s On maintained and populated ● Annual Events List populated and circulated annually ● Over 90,000 recorded interactions with Town Ambassadors ● Town Map produced and circulated to visitors and businesses ● Love Oban Brand and voucher sales in excess of £100K ● Christmas lights and trees investment Page 421
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● Port of Oban Cruise Group developed ● Support for Small Cruise Ships using pontoons ● Welcome provided for over 150 cruise ships arriving in Oban ● 12 Accredited Yellow Badge Tour Guides providing over 200 walking tours ● 3600 Hanging baskets produced and installed over ten years ● Fireworks Displays 5th November, Hogmanay, generating substantial economic impact. ● Storm Puppet Event October 2021 created £20 000 of direct benefit to businesses across the town. ● Green Machine Cleaning Partnership with A&B ● First point of contact for businesses and A&B if required ● BID4Oban Town Markets Introduced ● Motorfest an annual event ● North Pier Pontoons direct partnership with A&B ● Oban Tour Guides – Cruise Ship Business – We now deal directly with visiting cruise ships and offer walking tours of the town. ● Almost every railing and bollard in the town was painted! ● Full Town Wi-Fi ● 8.9 million pageviews on Oban.org.uk from over 987,000 users. ● AITC partnership - £30K funding in the first term of BID ● AITC Funding £50,000 in the second term of BID ● Introduction of Oban International Shanty Festival ● Proposed introduction of Oban Food Festival in 2023 *A&B Argyll and Bute Council Other Projects and Impacts ● Oban as University Town – Involvement in this initiative to bring united thinking to education within Oban. ● Greater promotion & use of Love Oban Vouchers ● BID office used by businesses and partners, hot desking business hub ● Oban Winter Festival – £1.2M PA x 9 years ● Oban Live - £1.4M PA x 4 Years (due back 2023) ● OLTA/AITC Funding & Marketing -£10M PA ● Port of Oban Cruise Group £1.2 PA (Estimate) ● Oban Pontoons £3M PA (Estimate) ● BID4Oban Services £0.5M PA ● BID4Oban Town Improvements £1M PA ● A BID should be inclusive of all parties. Council, Tourism, Business, Community Groups. ● A BID can leverage substantial additional funding from the Scottish Government, Scotland’s Towns Partnership Page 422
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COVID 19 Response ● Took a lead within the business community from the start ● Conduit between A&B and Business Community ● Grant Support ● Business advice through A&B resilience forum ● Pan Argyll business forum through HIE ● Provided COVID signage and support to every business ● Shop Local, Stay Local, Support Local Campaign ● New BID4Oban website ● Revitalised www.oban.org.uk to benefit tourism and services across Oban ● Support provided through Oban CBT Clinic funded by Scotland’s Towns Partnership Page 423
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BID4Oban Area and Map Airds Crescent Albany Street Albert Lane Albert Road Alexandra Road Angus Terrace Aray Gardens Ardconnel Road Ardconnel Terrace Argyll Square Argyll Street Balvicar Road Bayview Road Ben Cruachan View Benvoullin Gardens Benvoullin Road Breadalbane Lane Breadalbane Street Burnside Place Campbell Crescent Campbell Street Castle Road Coe Gardens Colonsay Terrace Combie Street Corelli Court Corran Brae Corran Esplanade Craigard Road Craighouse Avenue Crannaig-a-Mhinister Crannog Lane Creag An Airm Creag Bhan Village, No's 1-28 Creag Bhan Village, No's 29-60 Creran Gardens Croft Avenue Croft Road Cruachan Crescent Dalintart Drive Dalriach Park Terrace Dalriach Road Davaar Gardens Deanery Brae Drimvargie Road Drummore Road (part) Duncraggan Road Dunuaran Road Etive Gardens Feochan Gardens Fladda Road Gallanach Road Ganavan Road Page 424
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George Street Gibraltar Street Glencruitten Court Glencruitten Drive Glencruitten Rise Glencruitten Road Glengallan Drive Glengallan Road Glenmore Road Glenshellach Business Park, Footpath Glenshellach Business Park, Roads Glenshellach Industrial Estate Road Glenshellach Road Glenshellach Terrace Grianach Gardens Haggarts Brae (Footpath) Hazeldean Crescent High Street Hill Street Hynish Crescent Hyskeir Gardens Iona Drive Islay Road Jacob's Ladder John Street Jura Road Kerrera Terrace Knipoch Place Laggan Road Laurel Crescent Laurel Road Lawe Road Lismore Crescent Lochavullin Drive Lochavullin Road Lochside Street Lonan Drive Longsdale Crescent Longsdale Road Longsdale Terrace Lorn Avenue Lunga Road Lynn Court Lynn Gardens Lynn Road Market Street McCaig Road McCall Terrace Mill Lane, Lochavullin Miller Road Millpark Avenue Millpark Place Millpark Road Morvern Hill Mossfield Avenue Mossfield Drive Mull Terrace Nant Drive Nelson Road North Pier Nursery Lane Orchy Gardens Park Hotel Lane Polvinister Gardens Polvinister Road Pulpit Drive Pulpit Road Pulpit Rock Quarry Road Rhuvaal Road Rockfield Road Rowan Road Scalpay Terrace Scarba Terrace School Brae Shore Street Shuna Terrace Sinclair Drive Skerryvore Gardens Soroba Hill Road Soroba Lane Soroba Road Stafford Street Star Brae Station Road and Queen's Park Place Stevenson Street Taylor's Brae The Greens, Glencruitten Tower View Tweeddale Street Ulva Road Ure Gardens Villa Road William Street Information on Levies Who will pay the levy and how much will it cost? A BID Levy is an equitable and fair way of funding additional projects and services that the local authority is not required to provide. Improving your trading environment could be made possible through a successful BID generating some £168,362 per annum for business improvements. • Levy payments will be made by those liable to pay non-domestic rates Page 425
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with a rateable valuation of £3,000 or above and will be made by the occupiers (as the eligible persons) only, except for vacant premises when the property owner will be liable for the Levy payment. • The Improvement Levy is not linked to what businesses actually pay in rates but is based on the rateable value of the property. The following table shows the modest cost that your business would have to pay and is based on the SSA Valuation Roll rateable valuation of your property on the ballot date. RV Range Annual Levy Per Business Cost Per Business £3,000 – £8,399 £150.00 £2.90 £8,400 – £13,399 £250.00 £4.23 £13,400 – £39,999 £380.00 £7.30 £40,000 – £65,999 £530.00 £10.20 £66,000 – £99,999 £890.00 £17.12 £100,000 – £179,999 £1030.00 £19.80 £180,000 – £499,000 £2300.00 £44.23 £500,000+ £5000.00 £96.15 The table has been developed based on calculating the average median value for all rateable properties in the area, which is £9,900. We believe that £250 per year is a reasonable and affordable Levy charge for the ‘average’ business but have acknowledged that very low rateable values should pay less. Broad ‘uplifts’ for bandings above this level have then been set to reflect the size of the business and have allowed for all multiple retailers to be included as Levy payers. Levy payment A BID levy is an equitable and fair way of funding additional projects and services, which the local authority and other statutory bodies are not required to provide. There are approximately 550* commercial properties in the BID area which will generate a BID investment levy income of approximately £168,362 per annum and an estimated total levy income of £841,810 over 5 years. It has been agreed by the BID Board the levy structure will remain the same banded system based on the rateable value (RV) of the property on the day of the ballot 08/12/2022 and throughout the 5-year term of the BID and: - Page 426
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The BID levy will be paid by the occupier (the eligible person liable to pay the non- domestic rate), however, the property owner will be liable to pay the levy where a property is vacant on the day the levy invoice is issued and for all the period thereafter when the property is vacant. It has been agreed by the BID Board, the levy will be calculated on the Rateable Value of the properties in the BID area on the day of the ballot and will not change during the 5- year term unless there is a property rates revaluation in which case the levy will be re- calculated and based on adjusted property rateable values. All eligible occupiers (of eligible properties) i.e., the eligible person liable to pay the non- domestic rate that are listed on the Local Assessors Valuation Roll on the ballot date will be liable to pay the levy. The levy payments are not linked to what businesses pay in rates but are based on the rateable value of the property. The levy must be paid either in one payment within 28 days from the date of the levy invoice or in 10 instalments by arrangement with the billing body. The Levy must be paid in one payment for accounts of £150 per annum. If there is a change, in occupier to a property, until a new occupier is found, the property owner will be responsible for paying the levy. If there is a change or several changes in the occupier of the property within the BID area, no rebate of under £150 will be given to any outgoing occupier since this would be uneconomic to administer. The property owner will then be responsible for paying the Levy until a new occupier is found. Any new commercial development, subdivision of existing properties or merging of properties or new business with a non-domestic rateable valuation coming into the area during the 5-year term of the business improvement district will be liable for the BID Improvement Levy. If a property is vacant on the date the levy is issued and for any subsequent vacant periods, the property owner will be liable for the full levy amount, which must be paid within 28 days. Self-catering holiday accommodation which is not the sole or main residence of any person and which is available (or intended to be available) for letting on a commercial basis, with profit in mind, for short periods totalling more than 140 days in the financial year remain liable for non-domestic rates for the whole year and will be included. Page 427
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The levy will apply to properties with a rateable value of £3000 and above. Levy bandings will be applied with a maximum banding at £500,000 and above. The BID levy will not be index-link to the Retail Price Index (RPI) - Consumer Price Index (CPI) to take account of inflation, so that those liable to pay the levy can budget accordingly for the full five-year term. Council and government agencies will also pay the Levy. Levy Collection Argyll and Bute Council will be appointed to issue businesses in the BID area with a separate Levy invoice under the heading Business Improvement District Levy. All income collected under the ‘BID Levy’ will be kept in a separate BID Revenue Account and passed to the BID Company to be used only for BID projects and services. The BID Levy cannot be used as an additional source of revenue for the Council. Any non-payment of the BID Investment Levy will be pursued, and statutory powers will be enforced to ensure fairness to those businesses that have paid the Levy Exclusions The BID Board decided to exclude premises that have a rateable value of less than £3000. These premises can pay a voluntary levy and become an “associate member” should they wish, by contacting the BID4Oban team. The BID Board decided that there is no benefit from being part of the BID to the following categories of property and therefore are exempt from paying the levy Ad-spaces, Nursing Homes, Non-Retail Charity, Places of Worship, Health Care Centre, the Community Employment Trust and the Girl Guide Association. Enforcement In the event of any non-payment of the BID improvement levy, it will be strongly pursued by Argyll and Bute Council (as the billing body) using the recovery powers available to the Council to ensure complete fairness to all the businesses that have paid. Argyll and Bute Council will be entitled to charge an additional fee to the levy amount to meet any additional costs incurred in the recovery of the levy. BID4Oban adds value A Service Level Agreement is a baseline of information which details what the Council, the Police and Transport Scotland (which is responsible for the A85 trunk road running through the town) currently deliver. It also gives an assurance to the Levy payers that the current statutory level of service to the BID area will not be reduced after a successful ballot. Page 428
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Services already provided by Argyll and Bute Council: • Street Furniture: benches, finger posts (directional signage), bins, bollards • Planting and Grounds maintenance: seasonal planting, maintenance of grassed areas and ground maintenance plots • Waste removal: charged trade waste collection and disposal service • Street Lighting: installation, management and maintenance • Road and pavements maintenance: including repairs and winter road and footpath maintenance • Car Parks: Council operated off-street car parking • Public toilets • Piers maintenance: maintenance of North Pier, Oban Times slip and Port Beag. Services already provided by Transport Scotland. ALL relating to trunk road: • street lighting on trunk road • road and pavements maintenance on trunk road • winter maintenance of trunk road • grass cutting and weed control at the side of trunk road • gully cleaning to ensure free flow of stormwater. Services already provided by Police Scotland: • provision of dedicated town centre officers at peak times, to address particular issues or to cover specific events • increasing town centre foot patrols over the busy festive period to ensure that crimes in Oban are prevented • working closely with licensed premises to ensure that the town centre is a safe place to be at night. The number of officers on duty at any time, varies dependent on recognised demands and initiatives but targeted action will always be taken to impact on the policing priorities identified by the community, including the BID, to ensure that officers are in the right place at the right time. Page 429
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Management of the BID Following a successful yes vote, the management and operation of the BID will continue under the existing company structure and name, BID4Oban Ltd company number 435469, which will operate from 09/12/2022. The Company will continue to be managed by its Board of Directors operating in an open and transparent way and answerable to the businesses in the area. The Directors are committed to the highest standards of management, governance, and accountability; recognizing good governance helps deliver the strategic objects of the company. There will be a detailed set of protocols (the Operating Agreement) which will cover, as well as other items, the billing, collection, and transfer of the levy to the Company. The Board of Directors may consist of up to twelve directors, of which there are currently 6 in office. An active campaign will be launched during and after the successful ballot to recruit additional directors to the Board. Every eligible person that pays the levy will have the opportunity to nominate themselves or someone else from within the BID area to be elected to the Company Board but limited to one eligible person from each eligible property. Nominations of directors, representatives, or advisors from outside the BID, who do not pay the levy and who may or may not represent those making voluntary or other financial contributions toward the BID, will be strictly at the discretion of the Board of Directors. The Company will continue to be run by the businesses for the businesses. This Board will be responsible for all decisions relating to staff, contracts, the delivery of the approved business plan and other activities generated by the BID. The Board will be representative of the businesses and stakeholders in the area. The Chair, Vice Chair and Finance Director will be elected from the directors of the Board. The Board will include two representatives from Argyll and Bute Council. Other non-voting members or local groups may be co- opted onto the Board at the Board’s discretion. The BID Company Board will have the authority to adapt or alter the projects and services from year to year to reflect any change in economic circumstances or any new opportunities that may arise. This will be in the best interests of the levy payers and without recourse to an alteration ballot. Additionally, the BID Company Board reserve the right to consider creating a charitable arm of the company to enable it to secure additional funding, which can only be sourced with charitable status. Pre-Ballot The BID Proposer must submit, at least 98 days in advance of the ballot date, the BID Proposals to the Local Authority, the Scottish Ministers and the billing body along with a letter detailing their intention to put the BID Proposals to ballot. The local authority has then, 28 days in which to veto or not veto the BID Proposals. A ‘Notice of Ballot’ will be issued at least 42 days before the day of ballot. Page 430
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The BID Proposer will make available a copy of the BID Proposal to any person, who is eligible to vote on the BID Proposals, who requests a copy. Ballot process Ballot papers will be posted to the eligible person responsible for casting a vote within their business at least 42 days before the day ballot. In the case of national companies, the responsibility for voting may lie with head office. Prior to or on the date the ballot papers are issued the BID Proposer will provide to all those eligible to vote in the ballot, with a copy of the BID Business Plan. The BID ballot is a confidential postal ballot conducted by Argyll and Bute Council on behalf of BID4Oban BID and in accordance with Scottish BID legislation. Where an eligible property is vacant the voting papers will be sent to the property owner. In BID4Oban case, voting papers will be issued no later than 27/10/2022. The last date for all ballot papers to be returned is 5pm on 08/12/2022. Papers received after this date and time will be deemed null and void and not be counted. Voting papers are easy to complete, simply place a cross on either “yes” or “no” to the question “are you in favour of a BID?” The ballot paper must then be signed by the person eligible to vote and returned in the pre-paid envelope. For the ballot to be successful there must be a minimum turnout of 25% (the headcount) by number of eligible persons and by combined rateable value; and of those who turnout, the majority must vote in favour by number and rateable value. All eligible persons (i.e., those persons liable to pay non-domestic rates) will have one vote or where a person is liable for non-domestic rates for more than one property, that individual shall be eligible to cast more than one vote however they will be required to pay the levy for each of the properties that they occupy. The ballot papers will be counted on 08/12/2022 and the results announced by the Argyll and Bute Council within one week. Following a successful ballot, the BID will commence on 09/12/2022 and will run for a period of five years until the 08/12/2027 Page 431
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Ballot Timetable 27th October 2022. Ballot papers and business plan posted to all voters. 42 Days for voters to return their voting papers. 8th December 2022. At 5pm the Ballot Closes. 9th December 2022. Ballot papers counted and result announced. Consultation process The BID consultation was undertaken with a broad cross-section of businesses in the form of one-to-one interviews, a series of open meetings and several electronic communications. The initial BID consultation focussed on in-person meetings at The Rockfield Centre, consisting of 5 open sessions across the week which were publicised through email, Facebook and The Oban Times. Consultation was also made in the form of a survey which was sent to all businesses on our Levy Payer database via email, as well as follow-up visits and phone calls to encourage them to take part. Of the 60 responses received, 59 answered the question below, resulting in 83.1% stating that they would vote in favour of the BID returning until 2027. The survey also returned 9 names of levy payers expressing an interest in becoming a director of BID4Oban which was very encouraging, and these people will be contacted directly. The overall aim of the consultation was to assess opinions on ways to enhance and improve the BID area and give more incentive to visit and invest in the town centre. The results of these surveys and consultations have been combined and form the basis of the Business Plan and BID Proposal. Businesses have received emails, telephone calls, newsletters, newspaper articles, one-to-one visits throughout the BID term and the consultation process to keep them informed of progress. The website www.bid4oban.co.uk has been kept fully Page 432
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updated with information throughout the development of the BID. The Board of Directors considered the response from the one-to-one consultations, surveys and public meetings as sufficient to decide on the projects and services proposed in the business plan. Overall, the most important areas a BID could improve on were recognised as: 1. Access and traffic management 2. Marketing and promotion 3. Clean and attractive 4. Business support 5. Training initiatives 6. Lobbying and a Business Voice 7. More green initiatives around the town From the surveys, it was determined that levy payers wanted: A well promoted and vibrant town Help for businesses to become more sustainable To attract more visitors and see increased spending A raised profile for the town by closer working with Wild About Argyll Help to resolve parking issues addressed within the BID area To create a cleaner, greener and more attractive town centre To extend the season with more events in the quieter months A more diverse High Street to attract customers Improved business support and advice To promote the town as a business centre as well as a tourist destination BID4Oban Objectives Objective 1: Events Lets Shout About Oban Project Cost from Levy Timing Measurement Benefit to Levy Payer Winter Festival Reindeer Parade £25,000 2022-2027 Attendance 4000 per- annum Attracts people to the town during shoulder months. Page 433
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Fireworks (5/11) £15,750 2022-2027 Attendance 4000 Increased Footfall before, during and after the event. Fireworks Hogmanay £14,750 2022-2027 Not measured Spectacular display that attracts many visitors at the end of the festive season. Oban International Shanty Festival £17,000 2022-2027 Ticket sales, amount of visitors to the town Anticipated increase in visitors who in turn spend across local businesses Oban Live £30,000 2022-2027 Tickets sold Generates in excess of £1.8M to Oban economy Motorfest & Clan Stunt Show £7,500 2022-2027 Amount of vehicles exhibiting Increased town centre footfall on shoulder weekend. Oban Sportive £8,000 2022-2027 Amount of entrants In excess of 170 entrants, the vast majority spending two nights on local accommodation New Events Fund £32,000 2022-2027 Number of new events created Encourage improved footfall. Objective 2: Environment Project Cost from Levy Timing Measurement Benefit to Levy Payer Floral Enhancements £35,000 2022-2027 Number of displays across town Whole town solution and improved ambiance Business Improvement Grants £40,000 2022-2027 Amount of grants awarded Properties improved, cost to levy payer Page 434
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reduced and improved ambiance Festive and Town Decorative Lights £35,000 2022-2027 Increased and improved amount of festive and decorative lights Improved ambiance encouraging locals and visitors to enjoy town Environmental Improvement Fund £10,000 2022-2027 Number of awards made Improves greener agenda Objective 3: Marketing Locally Project Cost from Levy Timing Measurement Benefit to Levy Payer Town Centre Ambassadors £67,500 2022-2027 Number of visitor interactions Enhanced Visitor Experience. Love Oban Voucher Scheme £7,000 2022-2027 Number of vouchers sold Encourages users to shop locally. Scotland Loves Local Card £5,000 2022-2027 Amount of businesses accepting cards Ensures local businesses benefit from council run voucher scheme. Advertising and promotion £15,500 2022-2027 Improved marketing of BID Events Improves footfall to levy payers Objective 4: Working Together Project Cost from Levy Timing Measurement Benefit to Levy Payer Page 435
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AITC (Argyll & Isles Tourism Cooperative) £50,000 2022-2027 Increased visitors to town along with high level marketing. Increases footfall Town WIFI £15,000 2022-2027 Amount of connections Directs users to Love Oban Site and businesses Love Oban Website (Oban.org.uk) £24,720 2022-2027 Maintain number 1 Google placement Provides information to visitors regarding town business, attractions, events and activities. BID4Oban Budget and Expenditure BID Budget Income Income Year 1 Year 2 Year 3 Year 4 Year 5 Total Income from BID Levy £168,362 £168,362 £168,362 £168,362 £168,362 £841,810 Argyll and Bute Council Income £20,000 £20,000 £20,000 £20,000 £20,000 £100,000 Income Total £188,362 £188,362 £188,362 £188,362 £188,362 £941,810 BID Budget Expenditure Expenditure Year 1 Year 2 Year 3 Year 4 Year 5 Total Events £30,000 £30,000 £30,000 £30,000 £30,000 £150,000 Page 436
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Environment £24,000 £24,000 £24,000 £24,000 £24,000 £120,000 Marketing Locally £19,000 £19,000 £19,000 £19,000 £19,000 £95,000 Working Together £17,944 £17,944 £17,944 £17,944 £17,944 £89,720 Running Costs £69,000 £69,000 £69,000 £69,000 £69,000 £345,000 Contingency £8,418 £8,418 £8,418 £8,418 £8,418 £42,090 Total £168,362 £168,362 £168,362 £168,362 £168,362 £841,810 Current Board of Directors Tony Cave John Forbes Fergus Murray Ian Clunie Gregor MacKinnon Contacts Andrew Spence, BID Chief Executive T: 01631 569915 E: andrew.spence@bid4oban.co.uk 43 Stevenson Street, Oban, PA34 5NA Page 437
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Appendix 4 – Oban Bid Levy Payers Document too large to include with agenda pack and is available on request from Committee Services. Page 439
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BID4OBAN LTD, 43 Stevenson Street, Oban, Argyll PA34 5NA. Tel. 01631 569915. www.bid4oban.co.uk. Email: andrew.spence@bid4oban.co.uk Chief Executive - Andrew Spence, Chairman – Antony Cave Company no. SC435469 VAT NO: 152327236 Pippa Milne Chief Executive Argyll and Bute Council Kilmory Lochgilphead PA31 8RT 1st September 2022 Dear Pippa Planning etc. (Scotland) Act 2006 Business Improvement Districts (Scotland) Regulations 2007 BID4Oban Ltd Business Improvement District - Formal Submission of BID Proposals to the Local Authority and the Scottish Government We refer to the above legislation, which requires the BID Proposer to notify you in writing that we wish to put the BID4Oban Ltd BID Proposals to a ballot. This letter is our formal request for Argyll and Bute Council, to instruct the ballot holder to put the BID Proposals to a ballot on the 8th December 2022. Will you kindly acknowledge receipt of this letter. Yours sincerely, Yours sincerely, Andrew Spence Chief Executive CC: Karl Blomer – Scottish Government Phil Prentice – Chief Executive Scotlands Towns Partnership Bill Harvey -Scotlands Towns Partnership Page 441
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BID4OBAN LTD, 43 Stevenson Street, Oban, Argyll PA34 5NA. Tel. 01631 569915. www.bid4oban.co.uk. Email: andrew.spence@bid4oban.co.uk Chief Executive - Andrew Spence, Chairman – Antony Cave Company no. SC435469 VAT NO: 152327236 Page 442
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Argyll and Bute Council Baseline Service Agreement 14th June 2022 Service Area: - Activity Area Pier and harbour maintenance Statutory/Non-statutory Service Non Statutory Description/Specification Provision and maintenance of pier, pontoons, slipway and harbour facilities. In addition to a general duty of care, legislation provides the basis for powers and duties relating to these activities, including work to Harbour and Docks Act 1847, Harbour Bylaws and Anti-Terrorist legislation concerning Marine Port Security. Contact Scott Reid – Marine Operations Manager 01546 604696 Scott.reid@argyll-bute.gov.uk Existing Activity Works managed and carried out by Argyll & Bute Council staff Operational Times Core hours 9am – 5pm Monday – Friday but with significant variances to suit peaks of activity e.g. at weekends and during summer months. Staffing and Equipment Levels Harbourmaster and office, equipped with range of communications equipment. Oil spill response equipment. The council has a responsibility to ensure piers within its ownership are maintained in a serviceable condition. In Oban these are the North Pier including the transit berthing facility, Oban Times Slip, and Port Beag. The harbourmaster is responsible for coordinating vessels which are berthing at the council’s piers and collection of harbour and gangway dues. Provision of freshwater. Waste management facilities are provided for vessels using council piers and slips. Key Performance Indicators N/A Legislation/Policy N/A Existing Value of Contract/Service N/A Boundary Area SHA area round North Pier Non-compliance Procedure N/A Additional Information or Notes None Page 443
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Service Area: - Activity Area Trading Standards & Advice Services Statutory/Non- statutory Service Statutory and Non Statutory Enforcement functions are (mainly) statutory, consumer advice functions are (mainly) non-statutory Description/Spe cification The Council either (in its role as a Local Weights & Measures Authority or directly) has a duty to enforce consumer protection legislation. Trading Standards Officers enforce this legislation. Trading Standards also carry out (non-statutory) scam prevention & consumer education work. Advice Services provide Debt Counselling & Welfare Rights advice to consumers. Contact Lee Roberts lee.roberts@argyll-bute.gov.uk 01546604779 Existing Activity • Programmed metrology, product safety, age-related sales & fair trading inspections and revisits to businesses within the area. • Programmed visits to relevant Animal Feed premises on behalf of and under a contract with Food Standards Scotland • Investigation of criminal complaints relating to Trading Standards legislation • Monitoring of civil law complaints against local traders for Enterprise Act purposes • Licensing & Certification of petrol sites. Inspection of Licensed & Certificated premises • A program of “test purchases” to ensure compliance with TS legislation • Scam prevention work • Protection of vulnerable consumers through supplying & fitting callblockers • Provision of money advice and debt counselling to consumers • Assisting consumers to obtain Debt Arrangement Schemes, Bankruptcies etc • Provision of Welfare Rights advice • Representation of clients at appeals & tribunals Operational Times Core 9am – 5pm Monday – Friday. Staffing and Equipment Levels 3 staff are physically based in Oban. Overall provision in OLI includes: Debt Counselling 0.25 FTE Trading Standards 0.75 FTE Welfare Rights 1.0 FTE Key Performance Indicators LRS102_01 Advice and assistance from Welfare Rights is provided to Clients to ensure they maximise their income. ENV5 ‐ Cost of trading standards and environmental health per 1,000 population ENV5a - Cost of trading standards per 1,000 population There are also Welfare Rights targets set out in the Local Housing Strategy: Page 444
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• LHS Outcome 2 – To regenerate communities by improving the quality, condition and energy efficiency of housing and by tackling fuel and child poverty. Key target: Income maximisation – Minimum of £10m generated via Welfare Rights activity by 2027 • LHS Outcome 3 – to enable people with particular needs to live independently in their own homes and to remain in their communities Key target - Continuing to work with Care & Repair and other partner agencies to deliver effective services across Argyll & Bute that support independent living; Legislation/Polic y Relevant legislation as listed on Trading Standards authorisations. Council policies re providing consumer education, welfare rights advice & debt counselling advice. Existing Value of Contract/Service N/A Boundary Area All activity within or adjacent to BID area Non-compliance Procedure N/A Additional Information or Notes N/A Service Area: - Activity Area Roads, pavements and carpark maintenance (including winter maintenance) Car Park maintenance carried out by Operations but instructed by Network and Standards – Hugh O’ Neill Statutory/Non-statutory Service Statutory Description/Specification Maintenance of roads, pavements and carparks. In addition to a general duty of care, legislation provides the basis for powers and duties relating to Road Maintenance. Primarily the Roads (Scotland) Act 1984 and The New Roads and Streetworks Act 1991. Scheduled maintenance activities include: drainage works, patching, pavement maintenance, signage, gritting and winter maintenance. Major resurfacing works are also scheduled when capital budget is made available. Page 445
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Inspection Roads – annual survey by contractor (WDM), followed by more detailed inspection where potential defect development has been identified. Also inspection for safety defects at intervals laid down in maintenance plan. Culverts and manholes – inspect and clean annually Gullys – inspect and clean 3x in two years Fences/barriers/railings – inspected every two years Contact Tom Murphy – Operations Manager 0141 658908 Tom.murphy@argyll-bute.gov.uk Hugh O’Neill – Network and Standards Manager 01546 604084 (Car Parks) Hugh.o’neill@argyll-bute.gov.uk Existing Activity Works managed and carried out by Argyll & Bute Council staff, with specialist contractors brought in when necessary. Operational Times Core 8am – 4pm Monday – Friday Winter maintenance times (winter gritting) may be outside these hours in accordance with the weather pattern. Staffing and Equipment Levels A road’s maintenance team is based in Oban but carries out further work beyond the perimeter of the BID area. Within the bid area there are 36.4km of adopted roads Full time equivalent staff = 4 (dependant on variances in annual capital works such as major road resurfacing) A variety of vehicles are available to be deployed depending on type of works being undertaken. The trunk road network is maintained by Transport Scotland In Oban this is the A85, George Street, Esplanade, Airds Place and Stafford Street (west of George Street) 10 Pay & Display car parks are provided and managed within the BID area, with plans to convert 2 more to Pay and Display. (Now converted). Car Park locations: Ganavan P&D Corran 1 Seasonal P&D Corran 2 P&D Longsdale coach park P&D Longsdale car park FREE currently, but plan to convert to P&D (Now converted). Esplanade P&D North Pier P&D Albany Street P&D Market Street P&D Lochavuillin car park FREE currently, but plan to convert to P&D (Now converted). Lochavuillin coach/lorry park – P&D Tweedale Street – P&D Key Performance Indicators Key Performance Indicators collated and reported. Quality inspections carried out by supervisory staff and rectification action taken where necessary. Page 446
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Category 1 defects should be made safe within 24 hours of identification. Others will be inspected and dealt with as resources permit. Legislation/Policy Duty under the Roads (Scotland) Act 1984: a local roads authority shall manage and maintain all such roads in their area. Existing Value of Contract/Service £83,000* (including winter gritting operations) Boundary Area All roads, pavements and carparks within the BID area, with the exception of those managed by Transport Scotland Non-compliance Procedure N/A Additional Information or Notes * Cost shown is an approximate value based on revenue budget allocation for service provision in the Lorn area. Capital expenditure in the BID area is determined in accordance with the council’s service asset management plan and will vary from year to year, being additional to the revenue figure if such works are scheduled. Service Area: - Activity Area Street lighting maintenance Statutory/Non-statutory Service Statutory Description/Specification Provision and maintenance of street lighting and associated electrical control boxes. Contact Tom Murphy – Operations Manager 01436 658908 Tom.murphy@argyll-bute.gov.uk Existing Activity Works managed and carried out by Argyll & Bute Council staff Operational Times 8am – 4pm Monday - Friday Staffing and Equipment Levels Electrical maintenance is carried out by staff shared with other areas. There is no permanent presence in the town. Within the bid area there are 1844 electrical units (including traffic control, street lamps and junction boxes) maintained. Typically, duties are reactive and include a variety of electrical and lighting repairs, along with programmed maintenance works. Inspection - Lighting columns are inspected a minimum of every four years. Page 447
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Full time equivalent staff =0.5 equipped with specialist lighting platform. Lighting along the trunk road network is maintained by Transport Scotland In Oban this is the A85, Dunollie Road, George Street, Esplanade, Airds Place and Stafford Street (west of George Street) Key Performance Indicators Key Performance Indicators collated and reported. Quality inspections carried out by supervisory staff and rectification action taken where necessary Response time for defects is within 5 working days and this is currently being achieved at a level of 71% Legislation/Policy Under Section 35 of the Roads (Scotland) Act 1984, Argyll and Bute Council has a duty to “provide and maintain lighting for roads which are maintained by them and which in their opinion ought to be lit” Existing Value of Contract/Service £10,000* Boundary Area Lighting to all roads, pavements and carparks within the BID area, with the exception of those managed by Transport Scotland. Non-compliance Procedure N/A Additional Information or Notes * Cost shown is an approximate value based on revenue budget allocation for service provision in the Lorn area. Capital expenditure in the BID area is determined in accordance with the council’s service asset management plan and will vary from year to year, being additional to the revenue figure if such works are scheduled. Service Area: - Activity Area Street Cleansing and Litter Bin Emptying Statutory/Non-statutory Service Statutory Description/Specification Litter control around the BID area in compliance with EPA requirements. To clean all routes to the required standard (A Standard) of cleanliness, being free of litter and refuse at the end of each sweep. Attention to dog fouling, flyposting, graffiti, and fly tipping as required. Education and Enforcement actions. Contact Paul Martin – Assistant Operations Manager 01546 604619 Paul.martin@argyll-bute.gov.uk Existing Activity Works managed and carried out by Argyll & Bute Council staff, seven days a week. Operational Times Street Cleansing Page 448
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Mon to Thurs 07:00 - 1500, Friday 07:00 – 14:30 2 x manual barrow sweepers Wednesday – Saturday 07:00 – 15:00, Sunday 07:00 – 14:30 1 x manual barrow sweeper Friday – Monday 07:00 – 15:00, Tuesday 07:00 – 14:30 1 x manual barrow sweeper Litter bin emptying (42 throughout the BID area) Summer – once per day, more frequently as required or directed by supervisor. Winter – 3 times per week, more frequently as required or directed by supervisor Staffing and Equipment Levels Full time equivalent staff allocated to BID area = 4 Key Performance Indicators LEAMS (Local Environmental Audit and Management System) Street cleansing monitoring assessments twice per year by external monitors. (Local Authority and Keep Scotland Beautiful) LEAMS cleanliness inspections monthly by in-house staff. LEAMS values are consistently in the mid-70s over the last year, comparable with the national standard of 74 (2010/11) Legislation/Policy Section 89 Environmental Protection Act 1990 Existing Value of Contract/Service £132,000 Boundary Area All roads within the BID area Non-compliance Procedure Sites which fail to meet required standards are attended to within 24hrs Additional Information or Notes Main litter sources are smoking, drinks, fast food and confectionary related. * Cost shown is an approximate value based on revenue budget allocation for service provision in the Lorn area. Capital expenditure in the BID area is determined in accordance with the council’s service asset management plan and will vary from year to year, being additional to the revenue figure if such works are scheduled. Service Area: - Activity Area Commercial Waste Collections* Statutory/Non-statutory Service Statutory Description/Specification Collection and disposal of commercial waste, including recyclables (paper/card/can/plastic/glass, in line with individual commercial waste contracts. Contact Paul Martin – Assistant Operations Manager 01546 604619 Page 449
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Paul.martin@argyll-bute.gov.uk Existing Activity Works managed and carried out by Argyll & Bute Council staff, five days a week. Collection and disposal of commercial waste from 373 business premises, including commercial recycling (paper/cardboard/cans/plastic) collection in line with individual contract agreements. Servicing of commercial glass bins is carried out by Greenlight on the council’s behalf. Operational Times Core 7am – 4pm Monday – Friday. Special services as required. Staffing and Equipment Levels 3 operatives, 1 refuse vehicle 3 days per week 6.5 hours per day (Monday, Wednesday, Friday), 1 paper collection vehicle 1hour per day 5 days per week, 1 multilift/skip vehicle for special uplift as requested. Full time equivalent staff on commercial waste collection in BID area = 1.8 Key Performance Indicators Collation of missed bin reports Legislation/Policy Waste Scotland Regulations Existing Value of Contract/Service £747,000 Boundary Area All contracted premises within the BID area Non-compliance Procedure N/A Additional Information or Notes *domestic waste collection is additional to this service but has been requested not to be included within this documentation. Contract value shown is the total charged to customers. Service Area: - Activity Area Horticultural and Grounds Maintenance Works Statutory/Non-statutory Service Non Statutory Description/Specification The council carries out planting of seasonal bedding, maintenance of shrub beds, grass cutting, hedge trimming, hard surface management (sweeping of paths etc.), tree maintenance and maintenance of sports pitches. Contact Paul Martin – Assistant Operations Manager 01546 604619 Paul.martin@argyll-bute.gov.uk Page 450
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Existing Activity Works managed and carried out by Argyll & Bute Council staff, five days a week. This includes work to raised planters, and at various open spaces around the BID area, such as McCaigs Tower, Corran Parks, Pulpit Hill and Ganavan. Maintenance of 42 public benches is also carried out by this unit. Design and implementation of bedding schemes Weed spraying, litter control, leaf clearance. Grass cutting frequencies are site specific ranging from weekly (on sports pitches) to eight weekly on lower profile sites. Floral bedding displays are overhauled and replaced twice per year, including those in mobile planters, of which there are some 23 around the town. Operational Times Core 8am – 4pm Monday – Friday. Additional hours as required for special events. Staffing and Equipment Levels 1 gardener, 1 horticultural mechanic, 1 grounds maintenance staff General horticultural hand tools, spraying equipment and lawnmowers Specialist sports turf maintenance equipment is held at Mossfield for use on sports pitches throughout the area. There are no operational cemeteries within the BID area Full time equivalent staff allocated to BID area = 3 Key Performance Indicators Adherence to grass cutting frequencies. Quality inspections carried out by supervisory staff and rectification action taken where necessary. Legislation/Policy In line with health and Safety at work procedures Existing Value of Contract/Service £215,000 Boundary Area All activity within BID area Non-compliance Procedure N/A Additional Information or Notes Cost shown is revenue recharge rate. Capital expenditure in the BID area is determined in accordance with the council’s service asset management plan and will vary from year to year, being additional to the revenue figure if such works are scheduled. Service Area: - Activity Area Economic Development Statutory/Non-statutory Service Non Statutory Page 451
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Description/Specification The council carries out a range of economic development activities ranging from Business Gateway, the promotion of economic growth including tourism and food and drink industries, improving skills for work and the development of area regeneration activities such as the Lorn Arc and public realm works such as Gibraltar Street and Place making activities. The service also seeks to promote Argyll, including Oban as a place to do business, invest in, learn, to live in and visit. Much of this activity is considered non statutory and is dependent on securing external funding to undertake capital funding to provide Contact Fergus Murray Head of Service Development and Economic Growth – 01546 604293 Fergus.murray@argyll-bute.gov.uk Existing Activity Gibralter Street public realm project, additional place making activity including shopfront grants, signage, staycation facilities, environmental improvements. Assistance with the running of events and marketing and promotional activity for the town. The taking forward of Oban as A University town in partnership with HIE, UHI and Argyll College. The expansion of the European Marine Science Park in partnership with HIE, the development of the Dunbeg Corridor and development of the Airport Business Park. Operational Times Core 9am – 5pm Monday – Friday. Additional hours as required for special events Staffing and Equipment Levels 1 Business Gateway Officer covers Oban and Lorn; Other staff as appropriate. Key Performance Indicators Number of jobs created and businesses supported; Rise in GVA of main industries including tourism, marine sciences and food and drink. Legislation/Policy N/A Existing Value of Contract/Service N/A Boundary Area All activity within BID area Non-compliance Procedure Subject to regular internal audit Additional Information or Notes Capital expenditure in the BID area is determined in accordance with the council’s service asset management plan and the availability of external funding which will vary from year to year. Page 452
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Service Area: - Activity Area Strategic Transportation Statutory/Non-statutory Service Non Statutory Description/Specification The council carries out a range of transport activities in the Oban and Lorn area including subsidising bus transport services, improving active travel routes and improving the integration to transport services within Oban Town Centre. The council also owns and manages Oban Airport that operates flights to a number of Argyll Islands including Coll, Tiree, Colonsay and Islay. Contact Fergus Murray Head of Service Development and Economic Growth Transportation – 01546604293 Fergus.murray@argyll-bute.gov.uk Existing Activity Completion of active travel routes, examining the use of green hydrogen, bus priority corridors and improvements to pavements. Operational Times N/A Staffing and Equipment Levels 1 Business Gateway Officer covers Oban and Lorn; Other economic development staff and strategic transportation staff as appropriate. Key Performance Indicators Number of jobs created and businesses supported; Rise in GVA of main industries including tourism, marine sciences and food and drink. Number of passengers using Oban Airport. Number of passengers and vehicles using council Cal Mac services operating from Oban Harbour. Legislation/Policy Scottish Government/Transport Scotland Existing Value of Contract/Service N/A Boundary Area All activity within or adjacent to BID area Non-compliance Procedure Audited and regulated by Civil Aviation Authority Additional Information or Notes Capital expenditure in the BID area is determined in accordance with the council’s service asset management plan and the availability of external funding which will vary from year to year. Page 453
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Service Area: - Activity Area Planning, Housing and Regulatory Services Statutory/Non-statutory Service Statutory Description/Specification The council carries out a range services that are designed to facilitate the delivery of development through the granting of planning consent, building warrants and the regulation of business activities through its regulatory services teams, in addition to a range of public health protection activities (communicable disease, local air quality, monitoring of drinking water supplies etc.) Contact Fergus Murray Head of Service Development and Economic Growth – 01546604293 Fergus.murray@argyll-bute.gov.uk Existing Activity Development Management: Handling and determination of planning and listed building applications, processing of pre application planning enquiries, and planning enforcement. Building Standards: Vetting of building warrants and assessment of works for completion certificates, responding to dangerous buildings and recharging costs associated with this work. The regulatory services teams are responsible for • Programmed food hygiene and health and safety interventions and revisits; • Approval of food businesses; • Environmental, food monitoring; • Investigation of communicable diseases, food poisoning, and Infectious disease outbreak control; • Public health and health protection activities; • Provision of food and export certificates; • Regulation of private water supplies; • Health and Safety at work enforcement • Registration of private landlords and regulating standards in houses in multiple occupation and caravan sites; • Provision of animal health and welfare regulation; • Monitoring of air quality; • Liquor licensing standards compliance and compliance. Page 454
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Operational Times Core 9am – 5pm Monday – Friday. Staffing and Equipment Levels Development Management: 6 Staff Members based in Oban – Principal contact: Tim Williams, Area Team Leader DM – OLI – 01631 567820 Housing Services: 1 Research and Development Officer, 1 Area Housing Officer, 1 Housing Advice Assistant, 1 Empty Homes Officer, 1 Housing Improvement Assistant – Development, Housing Research Assistant Key Contact Allan Brandie 01369 708679 Building Standards: 4 professional team members based in Oban – Principal contact: Hugh Houston, Team Leader 01631 567958 Regulatory Services 12 staff, including administration based in Oban Iain Mackinnon, EH Manager (West): 01631567922 Key Performance Indicators Development Management KPIs: 1. DEG110_03 – The time it takes to determine ‘local’ planning applications is no longer than 10% above the National Average – Target 11 weeks 2. PR23_06 Achieve and above National Average level of application approval rates – Target 95% Building Standards KPIs 1. Percentage of requests for a building warrants responded within 20 days - Target 80% 2. Average time to respond to a request for completion certificate – Target 3 days 3. Percentage of building warrants determined within six working days - Target 90% 4. Percentage of completion certificates issued/accepted or determined within three working days – Target 80% 5. Percentage of applicants providing feedback who were either satisfied or very satisfied with our service - Target 90% Regulatory Services key PIs 1. PR01_01-Protecting health through the delivery of the formally approved JHPP - Target 90% 2. PR12_02-Respond to public health incidents which have an impact on public health within 20 working days- Target 85% 3. Undertake an enforcement intervention programme to high risk premises in respect of environmental health, Page 455
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animal health and welfare and licensing standards – Target 95% 4. An enforcement intervention is performed in a consistent and fair manner with businesses supported throughout – Target 80% Legislation/Policy Regulatory Services enforce in excess statutes including the Councils’ statutory duties as a food authority under the Food Safety Act 1990, an enforcing authority under the Health and safety at Work etc. Act 1974, as a competent authority under the Public Health (Scotland) Act 2008 and the Animal Health (Scotland) Act 1984. Building Standards enforce the Building (Scotland) Act 2003 and associated regulations. Town and Country Planning (Scotland) Act 1997, Planning (Scotland) Act 2019 Existing Value of Contract/Service N/A Boundary Area All activity within or adjacent to BID area Non-compliance Procedure The enforcement of a breach of planning control will be investigated and progressed in the manner set out in the Council’s Planning Enforcement & Monitoring Charter (March 2022). Additional Information or Notes N/A Page 456
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BID4OBAN LTD, 43 Stevenson Street, Oban, Argyll PA34 5NA. Tel. 01631 569915. www.bid4oban.co.uk. Email: andrew.spence@bid4oban.co.uk Chief Executive - Andrew Spence, Chairman – Antony Cave Company no. SC435469 VAT NO: 152327236 Pippa Milne Chief Executive Argyll and Bute Council Kilmory Lochgilphead PA31 8RT 15th June 2022 Dear Pippa Board Agreement BID4Oban Ltd I confirm, as a member of the BID4Oban Ltd BID Board agree, that the decisions on the following elements of the BID Proposals were taken with my full knowledge and support: - Agreement was made at the Board Meeting of BID4Oban Ltd on 14th June 2022 • The BID Area • The BID Levy • Exemptions to paying the BID Levy • BID Levy Caps and Thresholds • Content of the BID Proposals • Content of the Business Plan (To be submitted) Name Signature Date Tony Cave 14/6/2022 John Forbes 14/6/2022 Fergus Murray 14/6/2022 Ian Clunie 14/6/2022 Gregor MacKinnon 14/6/2022 Yours sincerely, Andrew Spence Chief Executive CC: Karl Blomer – Scottish Government Phil Prentice – Chief Executive Scotlands Towns Partnership Bill Harvey -Scotlands Towns Partnership Page 457
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BID4OBAN LTD, 43 Stevenson Street, Oban, Argyll PA34 5NA. Tel. 01631 569915. www.bid4oban.co.uk. Email: andrew.spence@bid4oban.co.uk Chief Executive - Andrew Spence, Chairman – Antony Cave Company no. SC435469 VAT NO: 152327236 Page 458
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Appendix 7.1 Tony IAnson From: antonycave@aol.com Sent: 12 September 2022 11:34 To: andrew.spence@bid4oban.co.uk; clunieian@gmail.com; Fergus.Murray@argyll-bute.gov.uk; jim.lynch@argyll-bute.gov.uk; johng.forbes@btinternet.com Cc: Tony IAnson; kay@bid4oban.co.uk Subject: Re: Agreement to hold a ballot Andy Just to confirm that I am in agreement to hold the ballot. Regards Antony Cave -----Original Message----- From: andrew.spence@bid4oban.co.uk To: 'Murray, Fergus' <F>; Craigard Decor <antonycave@aol.com>; 'John Forbes' <>; 'Ian Clunie' <clunieian@gmail.com>; Lynch, Jim <> CC: Tony IAnson <tony@stirling.co.uk>; kay@bid4oban.co.uk Sent: Mon, 12 Sep 2022 9:35 Subject: Agreement to hold a ballot Good morning Please see the attached document regarding BID4Oban Directors agreement to hold a ballot. It is of the utmost importance that you reply to this email TODAY copying in ALL people in this email with your agreement. Feel free to scan and sign or confirm via email. Either way we need a reply. Kindest regards Andy Andrew Spence Chief Executive BID4Oban Ltd Company No. 435469 Tel: 01631 569915 Mob: 0782 5013304 www.bid4oban.co.uk www.oban.org.uk Page 459
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Appendix 7.2 Tony IAnson From: Lynch, Jim <Jim.Lynch@argyll-bute.gov.uk> Sent: 12 September 2022 11:17 To: andrew.spence@bid4oban.co.uk Cc: Murray, Fergus; Craigard Decor; John Forbes; Ian Clunie; Tony IAnson; kay@bid4oban.co.uk Subject: Re: Agreement to hold a ballot Attachments: APP 7 Board Agreement to.pdf Andy, Yes I agree. Regards Jim Lynch SNP Councillor Ward 4 Oban South and the Isles On 12 Sep 2022, at 09:36, andrew.spence@bid4oban.co.uk wrote: Good morning Please see the attached document regarding BID4Oban Directors agreement to hold a ballot. It is of the utmost importance that you reply to this email TODAY copying in ALL people in this email with your agreement. Feel free to scan and sign or confirm via email. Either way we need a reply. Kindest regards Andy Andrew Spence Chief Executive BID4Oban Ltd Company No. 435469 Tel: 01631 569915 Mob: 0782 5013304 www.bid4oban.co.uk www.oban.org.uk Page 461
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Appendix 7.3 Tony IAnson From: ian clunie <clunieian@gmail.com> Sent: 12 September 2022 10:19 To: andrew.spence@bid4oban.co.uk; Craigard Decor; John Forbes; Lynch, Jim; Murray, Fergus Cc: Tony IAnson; kay@bid4oban.co.uk Subject: RE: Agreement to hold a ballot [OFFICIAL] Good morning, I confirm I’m in agreement Kind regards Ian On Sep 12, 2022, 09:58 +0100, Murray, Fergus <Fergus.Murray@argyll‐bute.gov.uk>, wrote: Classification: OFFICIAL I agree. Regards Fergus From: andrew.spence@bid4oban.co.uk <andrew.spence@bid4oban.co.uk> Sent: 12 September 2022 09:36 To: Murray, Fergus <Fergus.Murray@argyll‐bute.gov.uk>; Craigard Decor <antonycave@aol.com>; 'John Forbes' <johng.forbes@btinternet.com>; 'Ian Clunie' <clunieian@gmail.com>; Lynch, Jim <Jim.Lynch@argyll‐ bute.gov.uk> Cc: Tony IAnson <tony@stirling.co.uk>; kay@bid4oban.co.uk Subject: Agreement to hold a ballot Importance: High Good morning Please see the attached document regarding BID4Oban Directors agreement to hold a ballot. It is of the utmost importance that you reply to this email TODAY copying in ALL people in this email with your agreement. Feel free to scan and sign or confirm via email. Either way we need a reply. Kindest regards Andy Andrew Spence Chief Executive BID4Oban Ltd Page 463
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Appendix 7.3 Company No. 435469 Tel: 01631 569915 Mob: 0782 5013304 www.bid4oban.co.uk www.oban.org.uk Page 464
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Appendix 7.4 Tony IAnson From: Murray, Fergus <Fergus.Murray@argyll-bute.gov.uk> Sent: 12 September 2022 09:58 To: andrew.spence@bid4oban.co.uk; Craigard Decor; 'John Forbes'; 'Ian Clunie'; Lynch, Jim Cc: Tony IAnson; kay@bid4oban.co.uk Subject: RE: Agreement to hold a ballot [OFFICIAL] Classification: OFFICIAL I agree. Regards Fergus From: andrew.spence@bid4oban.co.uk <andrew.spence@bid4oban.co.uk> Sent: 12 September 2022 09:36 To: Murray, Fergus <Fergus.Murray@argyll‐bute.gov.uk>; Craigard Decor <antonycave@aol.com>; 'John Forbes'<johng.forbes@btinternet.com>; 'Ian Clunie' <clunieian@gmail.com>; Lynch, Jim <Jim.Lynch@argyll‐bute.gov.uk> Cc: Tony IAnson <tony@stirling.co.uk>; kay@bid4oban.co.uk Subject: Agreement to hold a ballot Importance: High Good morning Please see the attached document regarding BID4Oban Directors agreement to hold a ballot. It is of the utmost importance that you reply to this email TODAY copying in ALL people in this email with your agreement. Feel free to scan and sign or confirm via email. Either way we need a reply. Kindest regards Andy Andrew Spence Chief Executive BID4Oban Ltd Company No. 435469 Tel: 01631 569915 Mob: 0782 5013304 www.bid4oban.co.uk www.oban.org.uk Page 465
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BID4OBAN LTD, 43 Stevenson Street, Oban, Argyll PA34 5NA. Tel. 01631 569915. www.bid4oban.co.uk. Email: andrew.spence@bid4oban.co.uk Chief Executive - Andrew Spence, Chairman – Antony Cave Company no. SC435469 VAT NO: 152327236 Pippa Milne Chief Executive Argyll and Bute Council Kilmory Lochgilphead PA31 8RT 15th June 2022 Dear Pippa Planning etc. (Scotland) Act 2006 Business Improvement Districts (Scotland) Regulations 2007 BID4Oban Ltd Business Improvement District – Cost of Renewal Ballot I refer to the above-mentioned subject and to my letters dated 3/5/2022 and 14/6/2022 in which I formally notified you of our intention to request Argyll and Bute Council put the BID4Oban Business Improvement District Proposals to a renewal ballot. I can confirm the BID4Oban has set aside sufficient funds to meet the cost of the ballot. I would be grateful if you would kindly acknowledge receipt of this letter. Yours sincerely, Andrew Spence Chief Executive CC: Karl Blomer – Scottish Government Phil Prentice – Chief Executive Scotlands Towns Partnership Bill Harvey -Scotlands Towns Partnership Page 467
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Document is Restricted Page 469 Agenda Item 21dNOT FOR PUBLICATION by virtue of paragraph(s) 6 of Schedule 7A of the Local Government(Scotland) Act 1973
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Operating Agreement October 2017 between Argyll and Bute Council and BID 4 Oban Limited Page 471 Agenda Item 21e
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Index 1. Definitions 3 2. Statutory Authorities 6 3. Commencement 6 4. Obligations of the Council 7 5. Baseline Services and Complimentary Services 7 6. The BID Revenue Account 7 7. Debits from the BID Revenue Account 8 8. Collection and Remittance of the BID Levy 8 9. Procedures available to the Council for enforcing payment of the BID Levy 10 10. Enforcement Mechanisms for non-collection of the BID Levy by the Council 10 11. Accounting Procedures and Monitoring 11 12. Termination 12 13. Confidentiality 14 14. Notices 14 15. Exercise of the Council’s Powers 15 16. Arbitration 15 17. Best Endeavours 15 18. Governing Law 17 Schedule 1. The BID Levy Rules 16 2 The Baseline Services 20 3. The Complimentary Services 4. Breakdown of Council’s Annual BID Levy collection and administration charge 32 5. Map of the BID Area 33 Page 472
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Operating Agreement Between: 1. Argyll and Bute Council (the “Council”) a local authority consisted by the Local Government (Scotland) Act 1994 having its principal place of business at Kilmory, Lochgiliphead, Argyll; and 2. BID 4 Oban Limited (the “BID Company”) incorporated as a company limited by guarantee in Scotland with company number SC 435469 and having its registered office at 15 Lochside Street, Oban, PA34 4HP. Recitals (A) The Council and the BID Company are in favour of establishing the BID (as hereinafter defined) and the Council has confirmed that it will not exercise its veto in connection with the BID or the BID Arrangements (as hereinafter defined). (B) The Council (or its nominee) is the billing body for the purposes of the BID Legislation and is responsible for the administration, collection and recovery of the BID Levy (as hereinafter defined). (C) The Council is responsible for administering the BID Revenue Account (as hereinafter defined) which shall be used towards the operation and funding of the BID Arrangements of the BID in the BID Area (as hereinafter defined). (D) The BID Company is responsible for the management, administration and operation of the BID and for using the BID Levy for the purposes of achieving the objectives and aspirations set out in the BID Arrangements (as hereinafter defined and in the BID Company Business Plan). (E) Both parties wish to confirm the arrangements by which the BID Levy shall be collected together with general arrangements as to the relationship to be established between the Council and the BID Company for the duration of the BID (F) The purpose of this Agreement is to: 1. establish the procedure for the setting, collection and remittance of the BID Levy (see Part 4 of the Schedule to this Agreement); 2. confirm the basis upon which the Council will be responsible for collecting the BID Levy (see Part 1 of the Schedule to this Agreement); 3. set out the enforcement mechanisms available to the Council for collection of the BID Levy; 4. set out the procedures for accounting and transference of the BID Levy; 5. provide for the monitoring and review of the collection of the BID Levy; 6. confirm the manner in which the Council’s expenses incurred (if any) in collecting the BID Levy shall be paid; and 7. confirm the basis on which the BID Arrangements are to be delivered by the BID Company on behalf of the Council. Page 473
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It is hereby agreed as follows: 1 Definitions 1.1 “Annual Report“ means a report to be prepared by the Council which details the following:- 1. the total amount of BID Levy collected during the relevant Financial Year; 2. the total amount of interest earned on any part of the BID Levy whilst held in the BID Revenue Account; 3. details of the success rate for the collection of the BID Levy; 4. the Council’s proposals (if any) to help improve its efficiency in the collection and enforcement of the BID Levy; 5. details of those BID Levy Payers who have paid the BID Levy and those who have not paid the BID Levy; and 6. the Council’s proposals for bad or doubtful debts; “Appeal Notice” means a notice to be served by the BID Company in accordance with Clause 10.2; “Bad or Doubtful Debts” shall have the same meaning as further described in Part 2 of schedule 3 of the Regulations; “Ballot Holder” means the person appointed by the Council under regulation 7 of the Regulations; “Ballot Result Date” means the date (not later than seven days from the counting of the ballot papers) upon which a successful ballot result has been declared by the Ballot Holder in favour of putting in place the BID Arrangements; “Baseline Services” means those services which are provided by the Council within the BID Area which the Council is required to provide as part of its statutory function as a local authority as set out at Part 3 of the schedule; “BID” means the Business Improvement District which operates within the BID Area and which is managed and operated by the BID Company; “BID Area” means the precise geographical area which is to be managed and operated by the BID Company and as detailed in the BID Proposal, shown in the map at Part 5 of the Schedule; “BID Arrangements” means those arrangements to be put in place pursuant to the Regulations for the operation of the BID; “BID Ballot” means a ballot under section 38(1) of the Planning etc. (Scotland) Act 2006; “BID Company’s Report” means a report for each Financial Year to be prepared by the BID Company which details the following:- Page 474
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1. the total income and expenditure of the BID Levy; 2. other income and expenditure of the BID Company not being the BID Levy; 3. a statement of actual and pending deficits; and 4. the various projects and services upon which the BID Levy has been expended by the BID Company; “BID Levy” means the charge to be levied and collected within the BID area pursuant to the Regulations; “BID Company’s Termination Notice” means a notice to be served by the BID Company on the Council pursuant to Clause 12.9; “BID Legislation“ means Planning etc (Scotland) Act 2006 and associated Regulations as defined in the Business Improvement Districts (Scotland) Regulations 2007; “BID Levy Payer(s)” means those liable to pay non-domestic rates in the BID or responsible for paying the BID Levy; “BID Levy Basis and Rules” means the rules set out at Part 1 of the Schedule which sets out how the BID Levy will be calculated, details of Exempt or Discounted Properties and other requirements related to the BID Levy (as may be amended by a successful alteration ballot); “BID Revenue Account” means the account (within the Council’s general ledger) to be set up in accordance with paragraph 16 of the Regulations and operated in accordance with schedule 3 of the Regulations; “BID Term” means the period not exceeding 5 years from 31 October 2017 or the date on which the BID Arrangements (the Operational Date of the BID Co) come into force. “Chargeable Period” means the 12 month period commencing from the start of the BID Term, and on the anniversary of the start of the BID Term for the following 4 years; “Complimentary Services” means those services which are provided by the Council within the BID Area which are additional services to the Baseline Services, as set out at Part 3 of the Schedule; “Council Funding” means any funding, grants or monies due to be provided by the Council to the BID Company for the purposes of operating the BID; “Council’s Termination Notice” means the notice to be served by the Council on the BID Company pursuant to Clause 12.2; “Contributors” means the BID Levy Payers or other contributors making voluntary contributions to the BID Company; “Demand Notice” shall have the same meaning ascribed to it as further set out in the schedule to the Order; Page 475
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“Electronic Communication” means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa): 1. by means of a telecommunication system (within the meaning of the Telecommunications Act 1984); or 2. by other means but while in electronic form; “Enforcement Expenses” means the costs which are reasonably and properly incurred by the Council in issuing a Reminder Notice, obtaining a Summary Warrant and associated administrative expenses which may be incurred in recovering unpaid BID Levy; “Enforcement Notice” means a notice to be served on the Council as specified in Clause 10; “Exempt or Discounted Properties” means the class or classes of properties as identified in the BID Levy Rules which shall either be exempt from any requirement to pay the BID Levy or are permitted a discount on the BID Levy; “External Funding” means any funding, grants or monies due to be provided to the BID Company by the Scottish Government, the European Commission or any other body other than the Council for the purposes of operating the BID; “Failure Notice” means a notice served by the BID Company on the Council which sets out those aspects of the agreed Statutory or Prevailing Standard which are not being adhered to, requesting that the Council secures immediate compliance with the Statutory or Prevailing Standard; “Financial Year” means the financial year for the BID Company which runs from 1 April to 31 March; “Monitoring Group” means the group to be set up to monitor the collection and enforcement of the BID Levy (as referred to in Clause 11); “Operational Date” means the date upon which the BID Arrangements come into force; “Order” means The Planning etc. (Scotland) Act 2006 (Business Improvement Districts Levy) Order 2007; “Public Meeting” means the meeting to be held of all BID Levy Payers pursuant to the Public Meeting Notice; “Public Meeting Notice” means a notice to be served pursuant to Clause 12.2 or 12.9 by either the Council or the BID Company which provides the following: 1. confirmation that either party is considering terminating the BID; 2. details of the venue where the public meeting will be held; and 3. confirmation that all BID Levy Payers who attend will be permitted to make representations; Page 476
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“Regulations” means the Business Improvement Districts (Scotland) Regulations 2007 and such amendments made by The Scottish Ministers pursuant to Part 9 of the Planning etc. (Scotland) Act 2006 (as may be in force from time to time); “Reminder Notice” means the notice to be served pursuant to Clause 9.1; “Schedule“ means the Schedule annexed and executed as relative hereto; “Services” means the administration and management of the BID Revenue Account; and “Statutory or Prevailing Standard” means the standard as it may be from time to time to which the Council should be providing the Baseline Services and the Complimentary Services as local authority for the BID Area; “Summary Warrant” means an order obtained from the Sheriff Court having jurisdiction over the BID Area in accordance with the provisions of paragraph 9 of the schedule to the Order. 1.2 For the avoidance of doubt where any part of this Agreement is incompatible with the Regulations or any other regulations which The Scottish Ministers may from time to time issue pursuant to Part 9 of the Planning etc. (Scotland) Act 2006 then such part shall be struck out and the balance of this Agreement shall remain. 1.3 The headings appearing in this Agreement are for ease of reference only and shall not affect the construction of this Agreement. 1.4 Where reference is made to a Clause, Part, or Recital such reference (unless the context requires otherwise) is a reference to a Clause, part, plan, or recital attached to this Agreement. 1.5 References to the Council include any successors to its functions as local authority. 1.6 References to statutes, bye laws, regulations, orders or delegated legislation shall include any such instrument re-enacting or made pursuant to the same power. 2 Statutory Authorities This Agreement is made in contemplation of the arrangements envisaged by Part 9 of the Planning etc. (Scotland) Act 2006, the Regulations and all other enabling powers. 3 Commencement 3.1 This Agreement is conditional upon the Council approving the proposals and business plan of the BID Company and written confirmation being provided by the Council to the BID Company of that approval and shall not take effect until the Ballot Result Date. 3.2 In the period prior to the Ballot Result Date, the Council will procure that the Ballot Holder provides the BID Company with all information as the BID Company may reasonably request in relation to the BID Ballot. Page 477
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3.3 In the event that the BID Arrangements are not voted in favour by the BID Levy Payers on the Ballot Result Date then this Agreement shall terminate and cease to be of any further effect between the parties. 3.4 This Agreement will continue in full force and effect in the event of the BID Levy Payers voting in favour of the BID Arrangements. 3.5 If, at the end of the BID Term a renewal ballot is held and is successful then the terms of this Agreement shall continue to be of effect for a new BID Term. 4 Obligations of the Council 4.1 Immediately upon the declaration by the Ballot Holder on the Ballot Result Date the Council shall:- 4.1.1 calculate the BID Levy due from each BID Levy Payer in accordance with the BID Levy Rules; 4.1.2 confirm in writing to the BID Company the BID Levy payable annually or in 10 instalments per year by each BID Levy Payer; 4.1.3 provide the Baseline Services, which may not be varied in any way or withdrawn without reasonable cause and only with the consent of the BID Company; 4.1.4 provide the Complimentary Services, which may not be varied or withdrawn without first consulting with the BID Company; and 4.1.5 perform all obligations placed upon it under this Agreement and in accordance with the Regulations. 5. Baseline Services and Complimentary Services 5.1 The Council shall provide the Baseline Services and Complimentary Services within the BID Area at its own cost and to the Statutory or Prevailing Standard. 5.2 In the event that any of the Statutory Baseline Services falls below the Statutory Standard, the BID Company shall be entitled to serve a Failure Notice on the Council. 5.3 Upon receipt of a Failure Notice, the Council shall ensure that the relevant Statutory Baseline Services are brought back to the Statutory Standard. 5.4 The Statutory Standard may be reviewed from time to time by the Council and the BID Company, in consultation with each other. In the event that the Council and the BID Company cannot agree on the standard to be set, they shall refer the matter to Arbitration under Clause 16. 6. The BID Revenue Account 6.1 The Council must in accordance with section 37(1) of the Planning etc. (Scotland) Act 2006 keep an account to be called the BID Revenue Account Page 478
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and keep the BID Revenue Account in accordance with schedule 3 of the Regulations. 6.2 Within 10 days from the Ballot Result Date the Council shall set up a BID Revenue Account within its general ledger and provide written confirmation to the BID Company once this has been carried out. 6.3 Within 10 days from the Ballot Result Date the BID Company shall provide the Council with details of its own bank account into which the BID Levy shall be transferred electronically from the BID Revenue Account on production of an invoice by the BID Company in accordance with Clause 8.9. 6.4 Where the BID Company receives Council Funding and / or External Funding, the full sum of that Council Funding and / or External Funding (as appropriate) shall be credited directly to the BID Revenue Account with no sums deducted by the Council in accordance with Clause 7 below. 6.5 Any commitment by the Council to provide Council Funding to the BID Company for any period exceeding the term of the Council as presently constituted up to the BID Term shall bind any succeeding Council to continue to provide the Council Funding. 7. Debits from the BID Revenue Account 7.1 The Council undertakes at all times to adhere to the provisions of Part 2 of schedule 3 of the Regulations. 7.2 The Council’s charge for the provision of the Services on an annual basis will be £6500 (excluding VAT) (the “Council Annual Charge”) representing its reasonable administrative costs in providing the Services (to be identified and agreed between the Council and the BID Company) yearly and having effect on the 31 October of each year for which a BID is in place. Charges will be increased annually by CPI based on the increase over the last 12 months from the base in July 2017. The first increase will apply on 31 October 2018, and annually thereafter. Following receipt by the BID Company of a valid VAT invoice, the first payment will be due together with VAT within 4 weeks of receipt, or later by agreement. 7.3 A breakdown of the Council Annual Charge is annexed at Part 4 of the Schedule. 7.4 The Council shall not debit any sums from the BID Revenue Account without first notifying the BID Company of its intention to do so. 7.5. The Council shall be obliged to recover the Enforcement Expenses from the liable BID Levy Payer, in accordance with Clause 9. 7.6 The Council shall not be entitled to recover Enforcement Expenses from the BID Company. 7.7 The Council shall not write off Bad or Doubtful Debts without the BID Company’s prior consent. 8. Collection and Remittance of the BID Levy Page 479
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8.1 The BID Levy will be paid into the BID Revenue Account in accordance with schedule 3 of the Regulations. 8.2 Within 14 (fourteen) days of the Ballot Result Date the Council shall confirm in writing to the BID Company:- 8.2.1 the means by which the BID Levy Payer shall be billed for the BID Levy; and 8.2.2 the date when the BID Levy shall first be collected 8.3 Pursuant to Clause 8.1.2 the Council shall serve the Demand Notices on each BID Levy Payer and thereafter shall continue to calculate the BID Levy and serve the Demand Notices throughout the BID Term. 8.4 The Council shall maintain a list which identifies payment and/or non payment of the BID Levy and shall make this available to the BID Company upon its reasonable request which shall at all times be carried out in accordance with the relevant Data Protection legislation. 8.5 The Council shall liaise with the BID Company in carrying out monthly reviews of each property within the BID Area and in the event of any change in the occupier of each property or the merger or division of a property (or provision of an additional property) shall: 8.5.1 serve an updated list of BID Levy Payers upon the BID Company; and 8.5.2 serve a Demand Notice (or alter any existing Demand Notice if appropriate) on the relevant BID Levy Payer. 8.6 The Council shall use all reasonable endeavours to collect the BID Levy on the date specified (pursuant to Clause 8.1.2 above) and thereafter on an annual basis and in accordance with the Order. 8.7 The Council shall use all reasonable endeavours to take all reasonable steps for collecting the BID Levy which are consistent with its usual procedures for the collection of non-domestic rates. In the event that the Council departs from its usual procedures and decides not to collect an amount of BID Levy, the Council shall consult with the BID Company as to whether or not that amount of BID Levy is recoverable. If the Council and the BID Company fail to reach an agreement, then the BID Company may serve an Enforcement Notice upon the Council under Clause 10 of this Agreement failing which the parties shall refer the matter to Arbitration in accordance with Clause 16 of this Agreement. 8.8 The Council shall inform the BID Company of the amount of BID levy monies collected every month. 8.9 The BID Levy, as collected by the Council, is within the control of the Council and is ring fenced for the specific purposes of the BID. 8.9.1 The BID Company is the sub contractor engaged by the Council to deliver the BID objectives. Page 480
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8.9.2 The BID Company is making taxable supplies to the Council, and in the normal way must charge VAT to the Council. 8.9.3 This VAT will be charged via an invoice that the BID Company will issue to the Council for payment of the BID Levy income (i.e. BID Levy Income plus VAT). 8.9.4 The Council can recover the VAT, subject to the normal rules. 8.9.5 The BID Company can then recover any VAT that it incurs in delivering the BID projects and services subject to the normal rules. 8.9.6 The BID Company shall raise an invoice, plus VAT to the Council every month or less frequently should the BID Company and Council so decide. This invoice shall be based on the information outlined in Clause 8.8, for the total amount of BID Levy monies collected, minus the total of BID Levy monies previously invoiced for in the relevant Financial Year and upon receipt of such invoice or invoices, the Council will be obliged to transmit such monies as are due to the BID Company in terms of the invoices, to the BID Company from the BID Revenue Account within a maximum period of 30 (thirty) days. Notes The majority if not all of the income received by the BID Company from the Council will be taxable. But there may be certain circumstances where exempt supplies are made. Where such supplies are made any VAT incurred by the BID Company will be irrecoverable. 9 Procedures available to the Council for enforcing payment of the BID Levy 9.1 In the event that the BID Levy is not paid within 28 (twenty eight) days from the date that it becomes payable then the Council shall serve a Reminder Notice on such relevant BID Levy Payer which shall:- 9.1.1 identify the sum payable; 9.1.2 provide a further 7 (seven) days for payment to be made; and 9.1.3 confirm that the Council will make an application for a Summary Warrant to recover the unpaid sum. 9.2 If after a further 7 (seven) days from the payment date stated in the Reminder Notice the outstanding sum of the BID Levy has not been paid, the Council shall make an application for a Summary Warrant to recover the outstanding sum of the BID Levy. 10 Enforcement Mechanisms for non-collection of the BID Levy by the Council 10.1 In the event that the Council is not enforcing payment of the BID Levy pursuant to Clause 9 above the BID Company shall serve the Enforcement Notice on the Council requesting that:- 10.1.1 the Council serves a Reminder Notice; or 10.1.2 the Council obtains a Summary Warrant pursuant to Clause 9.2 above; Page 481
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within 14 (fourteen) days of receipt of such Enforcement Notice and the Council shall thereafter provide written confirmation of the action taken to the recover the unpaid BID Levy. 10.2 If after being served an Enforcement Notice the Council fails to take the requested action within the specified time frame then the BID Company shall serve an Appeal Notice to the Chief Executive of the Council. Such notice shall:- 10.2.1 detail the sum which remains unpaid; 10.2.2 confirm that the Council has failed to use the enforcement mechanisms available to it under this Agreement to recover the sum; and 10.2.3 request a meeting take place between the Chief Executive, relevant officers of the Council and BID Company to achieve a solution and/or agree a strategy to recover the outstanding sum, such meeting to take place in any event no later that 28 (twenty eight) days from service of the Appeal Notice. 10.3 In the event that the Council fails to take any of the steps requested by the BID Company pursuant to Clauses 10.1 and 10.2 (above) the Council shall (within 28 days of receipt of written notice from the BID Company which specifies the amount of BID Levy outstanding) pay the specified sum into the BID Revenue Account and provide written confirmation to the BID Company that this has been done. 11 Accounting Procedures and Monitoring 11.1 Within 2 months from the Operational Date the Council and BID Company shall form the Monitoring Group. 11.2 Every month for the duration of BID Term the Council shall provide the BID Company with a breakdown of:- 11.2.1 the amount of BID Levy for each individual BID Levy Payer; 11.2.2 the BID Levy collected in relation to each BID Levy Payer; 11.2.3 details (together with the outstanding unpaid sum) of those BID Levy Payers who have not paid the BID Levy during those 2 month; 11.2.4 details of the Reminder Notices issued throughout that period; and 11.2.5 details of any Summary Warrants obtained or applied for by the Council. 11.3 Every 6 months (for the BID Term) the BID Company shall provide the Council with the following details: 11.3.1 the total amount of income received from the Contributors (excluding the BID Levy); and 11.3.2 the total expenditure during that 6 month period. 11.4 The Monitoring Group shall meet not less than twice in any one Financial Year and on all other occasions further meetings of the Monitoring Group shall be arranged by the service of written notice by either party on the other, such notice to be provided no less than 28 (twenty eight) days prior to the date of the proposed meeting (or Page 482
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lesser if otherwise agreed or in cases of emergency) and provided further that such meetings can be dispensed with altogether upon the written agreement of both the Council and the BID Company. 11.5 At each meeting the Monitoring Group shall: 11.5.1 review the effectiveness of the collection and enforcement of the BID Levy; and 11.5.2 if required, review and assess the information provided by the Council and the BID Company pursuant to Clauses 11.2 and 11.3 above and make any recommendations for implementation as may be agreed (and which are permitted by the Regulations and the terms of this Agreement). 11.6 Within 1 (one) month from the date of the Annual General Meeting the BID Company shall provide the BID Company’s Report to the Council. 12 Termination 12.1 The Council undertakes at all times to adhere to the provisions of paragraph 19 of the Regulations. 12.2 The Council shall not be permitted to terminate the BID Arrangements because: 12.2.1 in its opinion there are insufficient finances available to the BID Company to meet its liabilities for the chargeable period for the purposes of the BID Arrangements; or 12.2.2 the Council is unable, as a result of any circumstances beyond its control, to provide the works or services which are secured as part of the BID Arrangements; unless and until it first serves the Public Meeting Notice on the BID Levy Payers and the Council’s Termination Notice on the BID Company (which shall be required to contain the reasons for termination) and within 14 (fourteen) days from the date of service of such notice both parties shall arrange to meet where the purpose of such meeting shall be to discuss and/or agree all or any of the following set out in Clause 12.3 or 12.4 (whichever is applicable). 12.3 Where the Council’s Termination Notice relates to Clause 12.2.1 both parties shall agree and/or discuss or review the following matters: 12.3.1 the Council is concerned that the BID Company has insufficient finances to meet its liabilities for that period and details of such concerns should be made available to the BID Company; 12.3.2 alternative means by which the insufficiency of the funds can be remedied; and / or 12.3.3 an appropriate time frame to resolve matters; 12.4 Where the BID Company’s Termination Notice relates to Clause 12.2.2 both parties shall agree and/or discuss or review the following matters: Page 483
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12.4.1 the services or works which it is no longer able to provide together with confirmation and details as to why such works or services cannot be provided; 12.4.2 a review by both parties as to whether such works or services are of material importance to the BID so that termination of the BID Arrangements is the only option; 12.4.3 alternative means of procuring the said services or works by third parties or increased financial funding from the BID Company; 12.4.4 alternative replacement services or works which will be acceptable to the BID Company; and / or 12.4.5 an appropriate time frame to resolve matters. 12.5 Notwithstanding Clauses 12.1, 12.2, 12.3 and 12.4 above, the Council shall procure that a Public Meeting is held prior to the termination of the BID Arrangements. 12.6 In the event that the parties cannot reach agreement in relation to any of the matters referred to in Clauses 12.3 and 12.4 and subject to consideration of representations made by any BID Levy Payer at the Public Meeting the Council shall be permitted to terminate the BID Arrangements provided that notice by the Council to terminate the BID Arrangements shall be provided to the BID Company no less than 28 days prior to termination taking place. 12.7 Upon termination of the BID Arrangements the Council shall review whether there is a credit in the BID Revenue Account and in the event that there are sufficient funds in the BID Revenue Account amounting to a refund of at least £10 for each BID Levy Payer (having already deducted a reasonable sum for the cost of the administration of such refund) to: 12.7.1 calculate the amount to be refunded to each BID Levy Payer; 12.7.2 ensure that the amount to be refunded is calculated by reference to the amount payable by each BID Levy Payer for the last chargeable period; and 12.7.3 make arrangements for the amount calculated to be credited against any outstanding liabilities of each BID Levy Payer or, where there are no such liabilities, refunded to the BID Levy Payer. 12.8 Upon termination of the BID Arrangements the Council shall as soon as reasonably practicable notify the BID Levy Payers of such termination in accordance with paragraph 19(6) of the Regulations together with confirmation as to whether any part of the BID Levy is to be repaid to the BID Levy Payers in accordance with Clause 12.7. 12.9 The BID Company shall not be permitted to terminate the BID Arrangements where: 12.9.1 the works or services under the BID Arrangements are no longer required; or 12.9.2 the BID Company is unable, as a result of any circumstances beyond its control to provide works and services which are necessary for the BID Arrangements to continue; Page 484
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unless and until it first serves the Public Meeting Notice on the BID Levy Payers and the BID Company’s Termination Notice on the Council and thereafter carried out a proper consultation with all relevant representatives of the BID Area as considered appropriate by the Council. 12.10 Upon termination of the BID Arrangements the BID Company shall notify the Council of such termination in accordance with paragraph 19(5) of the Regulations and the Council shall notify the BID Levy Payers pursuant to paragraph 19(6) of the Regulations, together with confirmation as to whether any part of the BID Levy is to be repaid to the BID Levy Payers in accordance with Clause 12.7. 13 Confidentiality Both the Council and the BID Company agree to keep confidential and not to divulge to any person without the prior written consent of the other party all information (written or oral) concerning the business affairs of the other nor any information which has been exchanged about the BID Levy Payers or the Contributors or about other third parties which it shall have obtained or received as a result of operating the BID. This obligation shall survive the termination or lapse of the BID Arrangements. 14 Notices 14.1 Any notice or other written communication to be served or given to or upon any party to this Agreement to the other shall be in writing and shall be sent to the registered office or principal place of business of the parties or such substitute address in Scotland as may from time to time have been notified by that party. 14.2 A notice may be served by: 14.2.1 delivery to the Head of Customer and Support Services at the Council’s principal office at Kintyre House, Snipefield Industrial Estate, Campbeltown PA28 6SY or such other address as intimated in writing to the BID Company; 14.2.2 delivery to the Company Secretary at the BID Company’s registered office; 14.2.3 registered or recorded delivery post; or 14.2.4 Electronic Communication (provided that it is in legible form and is capable of being used for subsequent reference). 14.3 Any notice served shall be deemed to have been validly served or given at the time when in the ordinary course of business it would have been received. 15 Exercise of the Council’s Powers Nothing contained in this Agreement or implied in it shall prejudice or affect the rights, discretions, powers, duties and obligations of the Council under all statutes, bye-laws, statutory instruments, orders and regulations in the exercise of its functions as a local authority. 16 Arbitration 16.1 Any dispute or difference between the parties in relation to this Agreement shall be determined by an independent expert. Page 485
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16.2 Such an independent expert shall be agreed between the parties or in default of agreement within five days of a request to agree appointed on the application of either party by the President or other appropriate appointing Officer for the time being of, the Law Society of Scotland in each case being a person under 60 but of not less than 10 years standing and with recent relevant experience of the matter in dispute. 16.3 The decision of the independent expert shall be final and binding on the parties and the costs of the independent expert shall be borne as he may determine or otherwise shall be borne between the parties in equal shares. 17 Best Endeavours The Council and the BID Company each confirm that it is their intention to use their best endeavours to promote the best interests of the BID and to consult fully on all matter materially affecting the development of the BID. The Council and the BID Company shall act in good faith towards each other in order to promote the success of the BID. 18 Governing Law 18.1 This agreement and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the law of Scotland. 18.2 The parties irrevocably agree that the courts of Scotland have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement. In witness whereof these presents on this and preceding 14 pages together with the Schedule (in five parts) annexed as relative hereto are executed as follows: Subscribed for and on behalf of Council at on by before Witness Full Name Address Occupation Subscribed for and on behalf of BID 4 Oban Limited at on by before Witness Page 486
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Full Name Address Occupation Page 487
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This is the Schedule (in five parts) referred to in the foregoing Operating Agreement between Argyll and Bute Council and BID4Oban The Schedule The BID Levy Basis and Rules Part 1 Introduction Part 1 of the Schedule of the Agreement lays down the BID levy basis and rules for the proposed Oban BID levy to be applied to all businesses above a set threshold within the defined footprint of the BID Area. Rateable Value (Non-Domestic Rates) The rateable value of all business property within the BID Area is set by the Dunbartonshire and Argyll & Bute Valuation Joint Board upon which the Council levy their charges to businesses. The non domestic rateable values are re-valued approximately every 5 years. The last valuation took place with effect from 1 April 2017. The next re-valuation is due to take place with effect from 1 April 2022. BID Levy Threshold The Oban BID levy threshold will be £3,000, whereby all businesses with a rateable value of £3,000 or greater amount will be required to pay the levy. This figure has been arrived as following analysis of the rateable value of all businesses within the defined footprint of the BID area on the basis of the following factors: i) Identification of the rateable value applied to each business; ii) Balanced selection of those businesses above a given threshold to produce a cost effective outcome for a given BID levy revenue base on the basis of manageability. Applicable BID Levy Rate The levy will be calculated with reference to the rateable value of each property within the BID area. Each rateable value will fall within a banding as follows: Page 488
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RV range Total levy per business £3,000 - £8,399 150 £8,400 - £13,399 250 £13,400 -£39,999 380 £40,000 - £65,999k 530 £66,000 - £99,999 890 £100,000 - £179,999 1030 £180,000+ - £499,999 2300 £500,000 and above 5000 The banding of each property will be determined by their rateable value on the date of the ballot. New Properties and Tenancies The BID Levy charge will become payable by new properties and tenancies entering the Valuation Roll at their date of occupation. For these properties and tenancies, the BID Levy charge normally applicable for the complete financial year will be pro-rated for the part of the year. Charitable Organisations and not-for-profit organisations Charitable organisations will be exempt from payment of the levy, except where they are charitable retailers or accommodation providers. The following organisations and bodies will also be exempt from payment: • All places of worship • All not-for-profit clubs and organisations • ATM machines and billboards • Schools, Pre-5 day nurseries and library • Social care, housing association & health care premises • Emergency services: Police, Fire station, Lifeboat Page 489
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Empty Properties Under the Non Domestic Ratings system the liability for empty properties reverts to the property owners in all cases where the lease has terminated. In the event a property becomes vacant the BID levy will be charged to property owners for the proportion of time the property remains vacant in any one financial year. Levy Charges The BID levy will be payable on receipt of the separate BID Levy Invoice which will be issued by the Council on behalf of the Oban BID in compliance with the requirements of this Agreement. Term of BID The term of the BID Company will not be greater than 5 years from the date of the announcement of the BID ballot result. Prior to the expiry of the term of the BID a re-ballot will take place. Non Domestic Rates Re-Valuation The rateable value of a business property may be revalued by the Dunbartonshire and Argyll & Bute Valuation Joint Board during the BID Term. However, the BID Levy will continue to be based on the rateable value at the date of the ballot irrespective of any such revaluations. The only changes that will be reflected will in respect of splits, mergers and re-organisations where the original rateable value may be apportioned differently over a number of properties. The BID Levy will be updated to reflect these changes only. Application of VAT to BID Levy Invoices The BID Levy charge will NOT be subject to VAT. Inflationary Increases to BID Levy Charge The BID company will decide whether or not to index-link the levy payment (using CPI) to take account of inflation. Page 490
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Part 2 The Baseline Services Service Area Activity Area Street Cleansing and Litter Bin Emptying Description/ Specification Litter control around the BID area in compliance with EPA requirements. To clean all routes to the required standard (A Standard) of cleanliness, being free of litter and refuse at the end of each sweep. Attention to dog fouling, flyposting, graffiti, and flytipping as required. Education and Enforcement actions. Contact Stuart McCracken – Amenity Services Performance Manager 01631 569160 Existing Activity Works managed and carried out by Argyll & Bute Council staff, seven days a week Operational Times Street Cleansing Mon to Thurs 07:00 - 1500, Friday 07:00 – 14:30 1 x manual barrow sweeper Wednesday – Saturday 07:00 – 15:00, Sunday 07:00 – 14:30 1 x manual barrow sweeper Friday – Monday 07:00 – 15:00, Tuesday 07:00 – 14:30 1 x manual barrow sweeper Litter bin emptying (42 throughout the BID area) Summer – once per day, more frequently as required or directed by supervisor. Winter – 3 times per week, more frequently as required or directed by supervisor Staffing and Equipment Levels Full time equivalent staff allocated to BID area = 4.6 Key Performance Indicators LEAMS (Local Environmental Audit and Management System) Street cleansing monitoring assessments twice per year by external monitors. (Local Authority and Keep Scotland Beautiful) LEAMS cleanliness inspections monthly by in-house staff. LEAMS values are consistently in the mid 70s over the last year, comparable with the national standard of 74 (2010/11).KSB national standard is 67, Amenity Services have set a standard level of 73 with a view to performing at the highest possible standard. Existing Value of Contract/Service £183,819* Boundary Area All roads within the BID area Proposed BID Additional Activity Cost of BID Additional Activity Non Compliance Procedure Sites which fail to meet required standards are attended to within 24hrs Additional Information or Notes Main litter sources are smoking, drinks, fast food and confectionary related. * cost shown is an approximate value based on revenue budget allocation for service provision in the Lorn area. Page 491
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Capital expenditure in the BID area is determined in accordance with the council’s service asset management plan and will vary from year to year, being additional to the revenue figure if such works are scheduled. Service Area Activity Area Commercial Waste Collections* Description/ Specification Collection and disposal of commercial waste, including recyclables (paper/card/glass, in line with individual commercial waste contracts Contact Stuart McCracken - Amenity Performance Manager 01631 569160 Existing Activity Works managed and carried out by Argyll & Bute Council staff, five days a week. Collection and disposal of commercial waste from 373 business premises, including commercial recycling (paper/cardboard) collection in line with individual contract agreements. Servicing of commercial glass bins is carried out by Greenlight on the council’s behalf. Operational Times Core 7am – 4pm Monday – Friday. Special services as required. Staffing and Equipment Levels 3 operatives, 1 refuse vehicle, 1 paper collection vehicle, 10tonne mini RCV for difficult access areas, 1 multilift/skip vehicle. (resource shared with domestic collection) Full time equivalent staff on commercial waste collection in BID area = 1.8 Key Performance Indicators Collation of missed bin reports Existing Value of Contract/Service £231,282.23 Boundary Area All contracted premises within the BID area Proposed BID Additional Activity Cost of BID Additional Activity Non Compliance Procedure Additional Information or Notes *domestic waste collection is additional to this service but has been requested not to be included within this documentation. Contract value shown is the total charged to customers. Page 492
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Service Area Activity Area Horticultural and Grounds Maintenance Works Description/ Specification The council carries out planting of seasonal bedding, maintenance of shrub beds, grass cutting, hedge trimming, hard surface management (sweeping of paths etc), tree maintenance and maintenance of sports pitches. Contact Stuart McCracken - Amenity Performance Area Streetscene Manager 01631 569160 Existing Activity Works managed and carried out by Argyll & Bute Council staff, five days a week. This includes work to raised brick planters, and at various open spaces around the BID area, such as McCaigs Tower, Corran Parks, Pulpit Hill and Ganavan. Maintenance of 61 public benches is also carried out by this unit. Design and implementation of bedding schemes Weedspraying, litter control, leaf clearance. Grasscutting frequencies are site specific ranging from weekly (on sports pitches) to eight weekly on lower profile sites. Floral bedding displays are overhauled and replaced twice per year, including those in mobile planters, of which there are some 26 around the town Operational Times Core 8am – 4pm Monday – Friday. Additional hours as required for special events. Staffing and Equipment Levels 1 gardener, 1 horticultural mechanic, two grounds maintenance staff General horticultural hand tools, spraying equipment and lawnmowers Specialist sports turf maintenance equipment is held at Mossfield for use on sports pitches throughout the area. There are no operational cemeteries within the BID area Full time equivalent staff allocated to BID area = 3 Key Performance Indicators Adherence to grass cutting frequencies. Quality inspections carried out by supervisory staff and rectification action taken where necessary Existing Value of Contract/Service £176, 932 Boundary Area All activity within BID area Proposed BID Additional Activity Cost of BID Additional Activity Non Compliance Procedure Additional Information or Notes Cost shown is revenue recharge rate. Capital expenditure in the BID area is determined in accordance with the council’s service asset management plan and will vary from year to year, being additional to the revenue figure if such works are scheduled. Page 493
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Service Area Activity Area Roads, pavements and carpark maintenance (including winter maintenance) Description/ Specification Maintenance of roads, pavements and carparks. In addition to a general duty of care, legislation provides the basis for powers and duties relating to Road Maintenance. Primarily the Roads (Scotland) Act 1984 and The New Roads and Streetworks Act 1991. Scheduled maintenance activities include: drainage works, patching, pavement maintenance, signage, gritting and winter maintenance. Major resurfacing works are also scheduled when capital budget is made available. Inspection Roads – annual survey by contractor (WDM), followed by more detailed inspection where potential defect development has been identified. Also inspection for safety defects at intervals laid down in maintenance plan. Culverts and manholes – inspect and clean annually Gullys – inspect and clean 3x in two years Fences/barriers/railings – inspected every two years Contact Callum Robertson – Roads Performance Manager 01631 569197 Lyndis Davidson – Network & Standards Manager 01546 604 396 Existing Activity Works managed and carried out by Argyll & Bute Council staff, with specialist contractors brought in when necessary. Operational Times Core 8am – 4pm Monday – Friday Winter maintenance times (winter gritting) may be outside these hours in accordance with weather pattern. Staffing and Equipment Levels A roads maintenance team is based in Oban but carries out much work beyond the perimeter of the BID area. Within the bid area there are 36.4km of adopted roads Full time equivalent staff = 4 (dependant on variances in annual capital works such as major road resurfacing) A variety of vehicles are available to be deployed depending on type of works being undertaken. The trunk road network is maintained by Scotland TranServ In Oban this is the A85, George Street, Esplanade, Airds Place and Stafford Street (west of George Street) 10 Pay & Display car parks are provided and managed within the BID area. Lochavullin car park remains free to use. Car Park locations: Ganavan P&D Corran 1 Seasonal P&D Corran 2 P&D Longsdale coach park P&D Longsdale car park FREE ( subject to an order to introduce charges) Esplanade P&D North Pier P&D Albany Street P&D Market Street P&D Lochavuillin car park FREE (subject to an order to introduce charges) Lochavuillin coach/lorry park – P&D Tweedale Street – P&D Page 494
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Key Performance Indicators Key Performance Indicators collated and reported. Quality inspections carried out by supervisory staff and rectification action taken where necessary. Category 1 defects should be made safe within 24 hours of identification. Others will be inspected and dealt with as resources permit. Existing Value of Contract/Service £83,000* (including winter gritting operations) Boundary Area All roads, pavements and carparks within the BID area, with the exception of those managed by Scotland Transerv Proposed BID Additional Activity Cost of BID Additional Activity Non Compliance Procedure Additional Information or Notes * cost shown is an approximate value based on revenue budget allocation for service provision in the Lorn area. Capital expenditure in the BID area is determined in accordance with the council’s service asset management plan and will vary from year to year, being additional to the revenue figure if such works are scheduled. Page 495
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Service Area Activity Area Street lighting maintenance Description/ Specification Provision and maintenance of street lighting and associated electrical control boxes. Contact Lyndis Davidson – Network and Standards Manager 01546 604396 Existing Activity Works managed and carried out by Argyll & Bute Council staff Operational Times 8am – 4pm Monday - Friday Staffing and Equipment Levels Electrical maintenance is carried out by staff shared with other areas. There is no permanent presence in the town. Within the bid area there are 1844 electrical units (including traffic control, street lamps and junction boxes) maintained. Typically, duties are reactive and include a variety of electrical and lighting repairs, along with programmed maintenance works. Inspection - Lighting columns are inspected a minimum of every four years. Full time equivalent staff =0.5 equipped with specialist lighting platform. Lighting along the trunk road network is maintained by BEAR Scotland. In Oban this is the A85, Dunollie Road, George Street, Esplanade, Airds Place and Stafford Street (west of George Street). Key Performance Indicators Key Performance Indicators collated and reported. Quality inspections carried out by supervisory staff and rectification action taken where necessary Response time for defects is within 5 working days and this is currently being achieved at a level of 96% Existing Value of Contract/Service £10,000*~ Boundary Area Lighting to all roads, pavements and carparks within the BID area, with the exception of those managed by BEAR Scotland. Proposed BID Additional Activity Cost of BID Additional Activity Non Compliance Procedure Additional Information or Notes * cost shown is an approximate value based on revenue budget allocation for service provision in the Lorn area. Capital expenditure in the BID area is determined in accordance with the council’s service asset management plan and will vary from year to year, being additional to the revenue figure if such works are scheduled. Page 496
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Service Area Activity Area Pier and harbour maintenance Description/ Specification Provision and maintenance of pier, slipway and harbour facilities In addition to a general duty of care, legislation provides the basis for powers and duties relating to these activities, including work to Harbour and Docks Act 1847, Harbour Bylaws and Anti Terrorist legislation concerning Marine Port Security. Contact Stewart Clark – Marine Operations Manager 01546 604893 Vicki McKenzie - Harbourmaster 01631 562892 Existing Activity Works managed and carried out by Argyll & Bute Council staff Operational Times Core hours 9am – 5pm Monday – Friday but with significant variances to suit peaks of activity eg at weekends and during summer months. Staffing and Equipment Levels Harbourmaster and office, equipped with range of communications equipment. Oil spill response equipment. The council has a responsibility to ensure piers within its ownership are maintained in a serviceable condition. In Oban these are the North Pier, Oban Times Slip, and Port Beag. The harbourmaster is responsible for coordinating vessels which are berthing at the council’s piers and collection of harbour and gangway dues. Provision of freshwater. Waste management facilities are provided for vessels using council piers and slips. Key Performance Indicators Weekly checks of asset safety for Lifebelts and casings, navigation lights, fenders, coping, bollards, ladders, walls, steps and slips. Existing Value of Contract/Service £80,192.12 Boundary Area All activity within BID area Proposed BID Additional Activity Cost of BID Additional Activity Non Compliance Procedure Additional Information or Notes * cost shown is actual revenue expenditure for the BID area. Capital expenditure in the BID area is determined in accordance with the council’s service asset management plan and will vary from year to year, being additional to the revenue figure if such works are scheduled. Page 497
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Part 3 Complimentary Services Service Area Activity Area Public conveniences Description/ Specification Provision, cleaning and maintenance of one public convenience in the BID area. Contact Stuart McCracken - Amenity Performance Manager 01631 569160 Existing Activity Works managed and carried out by Argyll & Bute Council staff North Pier facility is staffed and cleaned throughout each day, but staff are not in fulltime attendance. Operational Times North Pier open 8am – 9pm (Summer, April – October inclusive), 8am – 6pm Winter (November – February inclusive) Staffing and Equipment Levels Public convenience provision is not a statutory function of the council, services are provided as approved by elected members. Full time equivalent staff = 2 (1x 28hours contract; 1x 26 hours contract) No specialist equipment Key Performance Indicators Cleanliness inspections are carried out along with annual building assessment surveys. Existing Value of Contract/Service £51,500* Boundary Area Within the BID area Proposed BID Additional Activity Cost of BID Additional Activity Non Compliance Procedure Additional Information or Notes Provision of public conveniences is discretionary ie not a statutory function * cost shown is an approximate value based on budget allocation for service provision in the Lorn area. Capital expenditure in the BID area is determined in accordance with the council’s service asset management plan and will vary from year to year, being additional to the revenue figure if such works are scheduled. Consideration is being given to opening Ganavan during the winter months in future. Page 498
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Service Area Activity Area Road signage and street furniture Description/ Specification Maintenance of road signs, direction finger posts and benches. Signage inspected and cleaned annually. Benches subject to annual collection, maintenance and redistribution. Contact Stuart McCracken - Amenity Performance Manager 01631 569160 Existing Activity Works managed and carried out by Argyll & Bute Council staff Operational Times Core 8am – 4pm Monday – Friday. Service provided as required. Staffing and Equipment Levels Full time equivalent staff allocated to BID area = 0.1 Key Performance Indicators n/a Existing Value of Contract/Service £2,000* Boundary Area All activity within BID area Proposed BID Additional Activity Cost of BID Additional Activity Non Compliance Procedure Additional Information or Notes Locations of benches and finger posts noted separately as requested. * cost shown is an approximate value based on revenue budget allocation for service provision in the Lorn area. Capital expenditure in the BID area is determined in accordance with the council’s service asset management plan and will vary from year to year, being additional to the revenue figure if such works are scheduled. Page 499
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Service Area Activity Area Festive Lighting until no later than 2018/19 Description/ Specification Erection of festive lighting along main shopping streets and dressing of 3 festive trees. Contact Lyndis Davidson, Network and Standards Manager 01546 604396 Existing Activity Works managed and carried out by Argyll & Bute Council staff Operational Times As required Staffing and Equipment Levels Ad hoc staff allocation as necessary for erection and dismantling only. Lighting units are supplied and maintained by others. Key Performance Indicators n/a Existing Value of Contract/Service 2011 cost was £16,000 Boundary Area Main shopping streets within BID area Proposed BID Additional Activity The council is in separate discussions with BID in relation to community led delivery from 2018/19 onwards Cost of BID Additional Activity Non Compliance Procedure Additional Information or Notes Provision of festive lighting is discretionary i.e. not a statutory function, and the funding covers 2017/18 and 2018/19 only. Page 500
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Part 4 Breakdown of Council’s Annual BID Levy collection and administration charge Staff time for annual billing, monthly remittances, issue of reminders and finals, issue of adhoc bills for tenancy & other changes, raising of summary warrants, dealing with ratepayer queries. £4650 Outlays: printing, stationery, postage and summary warrant fees £1850 Total £6500 Page 501
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Notwithstanding the requirements as laid down in the foregoing Agreement, Part 4 of the Schedule – BID Levy Detailed Operating Procedures, represents the detailed operating procedures and responsibilities associated with the management of the BID Levy Invoices, BID Levy Payments, BID Revenue Account, Transfer Payments and Bad Debt provisions. BID Levy Invoices 1. BID Levy Invoices shall be issued by the Council on behalf of the BID Company; 2. The layout and content of the BID Levy Invoices shall follow a similar format to that of the non- domestic rates format but use BID logo; 3. Applicable Terms & Conditions shall be included at the rear of the BID Levy Invoice and in principle shall be similar to those applicable to the payment of non domestic rates; 4. Bank account details for payment of the BID levy by each eligible business shall be included on the BID Levy Invoice and shall be the same as that for the payment of the non domestic rates the Council. BID Levy Payments 1. Payments shall be made on an annual basis, at the start of the BID term, and on the anniversary of the start of the BID Term for the following 4 years, pursuant to Clause 8.6 of this Agreement as a single payment or in 10 monthly instalments where the levy invoice is more than £150; 2. Levy payers shall have the option to pay the Direct Debit, online into the nominated bank account as described above or by cheque; 3. BID Levy Invoices shall be issued for new properties, amended properties, including split, merged and re-organised properties on a pro-rated basis for the remainder of the financial year. BID Revenue Account 1. Levy payments shall be paid by the BID Levy Payers into the Council’s General Revenue Account and held in this account on a temporary basis until such time as the funds can be transferred to a separate BID Revenue Account; 2. The BID Revenue Account shall be operated in accordance with schedule 3 of the Regulations; Remittances of the BID Levy to the BID Company Page 502
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1. Remittances from the Council’s BID Revenue Account shall be made expeditiously to the BID Company’s bank account, but no later than 30 days from the date of the BID invoice raised by the BID company and generally in pursuance with Clause 8 of this Agreement; Bad Debtors and Recovery of Bad Debts 1. Bad debtors shall be identifiable by review of the list of those eligible businesses that have NOT paid the BID levy (ie. By exception only). In consequence it shall be the responsibility of the Council to identify any bad debtors; 2. Notwithstanding the obligations on the Council pursuant to Clause 9 of this Agreement the BID Company shall offer every assistance to the Council to persuade BID levy payers to make payment of the BID levy; 3. Bad debts recovered by the Council shall be paid into the Council’s General Revenue Account for subsequent transfer to the BID Revenue Account. Part 5: MAP OF BID AREA Page 503
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Document is Restricted Page 505 Agenda Item 22NOT FOR PUBLICATION by virtue of paragraph(s) 6, 9 of Schedule 7A of the Local Government(Scotland) Act 1973
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