Privatisation of public toilets will cost £2.6 million

EXCLUSIVE by DOUGLAS SHEPHERD

The privatisation of Scottish Borders Council's network of loss making public toilets has come a step closer with private contractors now being invited to bid for a ten year deal estimated to cost the local authority £2.6 million.

A public contract notice published by the cash-strapped council this week says: "Scottish Borders Council currently manages and maintains 41 facilities. The Authority is seeking a long-term solution for the provision of such facilities as a discretionary area of work.

"Of the 41 facilities, 27 are currently charged for access at the point of use at a rate of 30 pence, with the remainder being free (there is no charge for access to RADAR Accessible facilities). The Authority is seeking a way forward working with a third party to deliver a service that is efficient and financially sustainable."

The move follows reports to councillors last year which revealed that predictions of income from users had been wildly over-stated.

 In one report officers assured members that charging for toilet provision would generate an income of £280,000 a year. But a follow-up paper submitted to a meeting in June 2018 estimated that the total yearly income would be just £89,000.

The £179,000 a year deficit was attributed to “tailgating (following the previous paying entrant into the facility), the ‘good Samaritan’ (people exiting the facility allowing free access by holding the entry door open), families paying one fee for multiple usage or antisocial behaviour, where people vandalise doors or wedge them open, allowing free access to all.”

It was reported that SBC was in discussions with a private party regarding the running of the toilets, but nothing further has been heard on that subject.

"The Authority has broken down its requirements into a number of sections as detailed below and is seeking a single supplier to deliver all of these requirements", says the notice.

" Sub-section 1: To provide all of the public conveniences services Sub-section 2: To provide an options appraisal of the network, identifying commercial opportunities and enhancements – with recommendations and financial appraisal.

"Sub-section 3:To provide an options appraisal for opportunities for potential installation of Changing Places Toilets ( including a financial appraisal detailing any potential grant funding sources. Sub-section 4: To provide an options appraisal for opportunities for potential charged Showers/changing units at key tourism/sport/leisure destinations, supporting the growing cycle tourism economy/sustainable transport."

The contract is due to begin on April 1st 2020 and end on March 31st 2025.

The notice adds: "This contract is subject to renewa. Description of renewals The initial contract will be awarded for a five year period with an option to be renewed for a three year period and a further and final two years.

"Tenderers should be members of the British Toilet Association or be willing to join this organisation if awarded this contract.

"Bidders are required to provide 3 examples of services they have delivered of a similar value over the past three years that demonstrate their experience to deliver the service.

"Time limit for receipt of tenders or requests to participate - Date: 30/09/2019 Estimated date of dispatch of invitations to tender or to participate to selected candidates Date: 25/10/2019."

Lowood planning guidance 'fundamentally flawed'

EXCLUSIVE by EWAN LAMB

Leading players at Scottish Borders Council have been warned their approach in planning the development of the Lowood country estate, near Melrose, may be fundamentally flawed and could be open to challenge in the courts.

The claim was made in a letter from David Bell, the consultant representing Middlemede Properties Ltd [MPL], owners of the salmon fishing rights on the River Tweed at Upper Pavilion, right next to Lowood.

Last week Mr Bell attended a so-called drop in session in Tweedbank, organised by the council to outline proposals for Lowood which the local authority purchased from two Cayman Islands companies for £11 million, including fees and taxes.

But he noted there were still no details concerning the commercial viability of the house building proposals on the 100-acre estate where between 300 and 450 new homes could be constructed.

Middlemede and their representatives insist that the financial viability aspect of the Lowood scheme should have been settled before SBC briefed a firm of specialists - Land Use Consultants (LUC) - who are now working on Special Planning Guidance (SPG) for the site. Their report is expected to be presented to councillors later this year.

Following his Tweedbank visit for the council presentation, Mr Bell told us: "I asked in relation to development viability and how the LUC Consultants would deal with housing market considerations which flows through to recommendations in relation to house types, densities and net developable areas. They indicated that a ‘marketing study’ was underway but this was a separate exercise being undertaken by a different department of the Council".

He added: "We will be preparing a response to SBC which records our disappointment at nothing being available to comment on in terms of any proposals, the lack of an approach that deals with infrastructure requirements, phasing and viability and some of the environmental considerations."  

It had been disappointing that the material displayed was in effect a summary of objectives for the exercise in relation to the preparation of the SPG drawn from the Brief that had been given to the Consultants.

However, Mr Bell was able to comment on one issue which emerged during his discissions with planning officers. He said: "They seemed quite clear that there would need to be a new road link accessing the west of the site from Tweedbank and that this would be over the railway.  This seems a relatively new matter as I recall it was a tentative suggestion in the earlier Proctor Matthews report which only seemed to show a footbridge at this location.  This would be a major bit of infrastructure with environmental impact and which would be of significant cost."

It has also been revealed that Mr Bell circulated a letter relating to Lowood in late June which included the claims that the planning process could be fundamentally flawed. 

The correspondence was sent to Ian Aikman, SBC's head of planning, with copies also going to council leader Shona Haslam, MSPs Christine Grahame and Michelle Ballantyne, MP John Lamont, and the three councillors for Leaderdale & Melrose - Kevin Drum, Tom Miers and David Parker.

Mr Bell explained that Middlemede had instructed him to 'review' the briefing document given to LUC by the council.

He wrote: "In conducting that review, I particularly noted the advice in the fourth paragraph of the introduction section of the Brief that ‘developed areas’ within the site have to be identified and a phasing arrangement proposed. 

"The implication of that advice is that the scale of the development that needs to come forward on the site to make it commercially viable has been fixed. It was surprising to read, therefore, at the end of section two of the Brief that the consultants have been advised by the council “that although the indicative site capacity for housing is 300 units, it is likely the overall site can satisfactorily accommodate an increased number…This, in my view, simply highlights and reinforces the issues with the council’s approach to development of the site that (consultants) JLL identified in their March 2018 report.

"Put simply, until such time as the council decides what scale of housing and mixed use on the site is commercially viable, it cannot begin to properly plan the net development areas. For example, a viability appraisal may conclude that 450 housing units might need to come forward on the site to make it commercially viable in the local housing market. 

"Ahead of arriving at this fixed figure, a detailed assessment would have been required to be carried out to establish the estimate cost associated with the delivery of the required level of supporting infrastructure including access road, education, healthcare, waste water drainage, etc. As things stand at the moment however it is apparent from the terms of the Brief that this fundamental piece of information is missing."

And Mr Bell concludes: "In my view, the process of developing the SPG cannot be properly started until this viability issue is being satisfactorily addressed. If it is not, then the legal advice that MPL has obtained is that the process of preparing detailed planning guidance that the council has embarked on is fundamentally flawed thereby rendering any future decision on the part of the council to adopt the SPG based on this current approach open to challenge in the courts.

"I should be grateful if you can confirm as a matter of urgency how the council proposes to address the viability issue at this stage in the planning process."

Mr Lamont and Mrs Ballantyne - both Conservatives - have not yet commented publicly on the controversial purchase of Lowood by the Tory-led Borders council. Meanwhile Ms Grahame has expressed concerns over the transaction and is currently attempting to uncover further information, including the District Valuer's Lowood valuation.

Display boards at the Tweedbank event proclaimed: "The site is located within the heart of the Scottish Borders where there is a recognised housing market interest and demand.

"The SPG must strike a balance between ensuring a high quality development whilst ensuring protection and enhancement of the landscape biodiversity and any potential impacts on the River Tweed".

The SPG will be subject to a 12-week public consultation which will include a further drop in session in Tweedbank village.

Historic buildings agency says Jedburgh 'ruin' can go

EXCLUSIVE by EWAN LAMB

Proposals to demolish one of the most prominent buildings in Jedburgh town centre seem certain to be sanctioned after Historic Environment Scotland [HES] indicated it would not oppose the loss of the crumbling listed property.

A handful of objections have been lodged with Scottish Borders Council after the local authority applied for listed building consent to bulldoze the nineteenth century tenement at the junction of High Street and Market Place. The building has been shrouded in scaffolding for several years after being declared unsafe.

In a written submission to the council HES state: "This application proposes the total demolition of 2 High Street & 12 Market Place, Jedburgh. The building is a traditional 1860s Baronial tenement by the Glasgow firm of Clarke & Bell, incorporating shops on the ground floor and occupying a prominent corner position within Jedburgh’s Conservation Area.

"The loss of this C listed building would have a significant and unwelcome impact on the historic environment. National policy and guidance on the historic environment contains a strong presumption to retain listed buildings. In certain circumstances the loss of a listed building will be acceptable, provided it can be clearly demonstrated and justified".

HES explains one of the circumstances was where the repair and reuse of a listed building was not economically viable, which was being argued in this case.

"It should also be demonstrated that all reasonable efforts have been made to retain the listed building, which should also include the marketing of a building. In reviewing the supporting information, we consider it is a reasonable conclusion that the retention and reuse of the building is not going to be economically viable.

"While we have not undertaken an exhaustive analysis of the figures presented, we have taken internal advice and the costs and values do appear reasonable. Further analysis and refinement of the figures has the potential to reduce costs (potentially remove some double counting), however, given the extent of the deficit, we wouldn’t expect this to make a significant difference. We also wouldn’t expect the deficit – or conservation deficit – to be bridged by other sources of funding, such as grant aid, again due to the extent of the shortfall.

"It is an expectation that in most cases a listed building will be marketed to substantiate the demolition argument on viability grounds. This is not something that we would insist upon in this case. The structural condition of the building, complexities around ownership and, of course, the costs associated with retention and reuse (the extent of the deficit) mean we must question the value in undertaking a marketing exercise."

The recent history of the Council’s involvement with the building showed that efforts were made to secure the repair of the building.

"We visited the building in September 2018 and could see some of these efforts ourselves – work on the original Dangerous Building Notice started, only to be put on hold once the full extent of the condition on the elevation facing Market Place became clear. The impact of demolition, if approved, would go beyond the loss of an individual listed building."

HES add: "We have therefore encouraged a holistic approach to decision making in this case, recognising the wider impact of demolition on Jedburgh’s historic environment. Demolition would negatively impact on the character and appearance of Jedburgh’s Conservation Area and has potential implications for the immediately adjacent buildings. Both are listed; 4-6 High Street at Category C and 3-5 Exchange Street at Category A. The latter was built as a branch of the Commercial Bank by David Rhind in 1868."

In summary, HES claims demolition of this listed building would, unquestionably, be a bad outcome for Jedburgh’s historic environment.

"We would be anxious to work with your Council to prevent any other buildings in the town falling into similar levels of disrepair, to the extent where demolition is an option. However, in this case recognising the considerable complexities that need to be overcome in order to save the listed building – the most serious being the considerable financial deficit illustrated for its repair and re-use – we must conclude this is unlikely to happen and its retention is likely untenable.

"We therefore consider a convincing, yet regrettable, case for demolishing this listed building has been put forward and we do not object to its loss."

Tweedbank hotel recommended for approval

EXCLUSIVE by DOUG COLLIE

A multi-million pound commercial development at Tweedbank in the Central Borders, including a 70-bedroom Premier Inn, is being recommended for approval by planning officials despite claims the project will suck trade from nearby town centres and jeopardise the financial viability of the accommodation sector in Melrose and Galashiels.

There have even been objections to the planning application from lead officers at Scottish Borders Council who expressed strong opinions regarding the use of 'scarce' industrial land for retail purposes, the potential loss of large numbers of trees, and the likely impact on neighbouring communities.

But in a 30-page assessment of the plans by applicant Duncan Hamilton - the text runs to more than 15,000 words - planner Craig Miller recommends giving the scheme permission with a host of conditions attached to approval. His report will be considered by the council's planning committee early in September.

In his report Mr Miller concedes there has been significant objection to the hotel, especially from Melrose Community Council and several hotel and guest house owners in the Melrose area.

"They consider that the size of the hotel will harm existing tourist accommodation providers in the area and that this, in turn, will harm the vitality of Melrose town centre in particular. Some objectors envisage a price war and others that, with other impacts already occurring such as Air BnB, the market is not there for a hotel of this size in the area.

"Should it be developed, then closures and harm to the local tourist industry are envisaged, especially in the Melrose area. For a breakdown of the current providers and the objections from the hotel industry, members may wish to note the objection from Mr Henderson of Burts Hotel who lists existing hotels and guest houses in Melrose offering just over 170 bedrooms. He lists problems including declining occupancy and casts doubt on the economic benefits and job creation claimed by the applicant."

But Mr Miller also tells the committee: "The agent (for the developer) states that the end user of the hotel will be Premier Inn and that this will attract visitors who would not otherwise have considered the location. He also claims that the hotel will extend the tourist season throughout the year and that a Premier Inn will lend support to the wider local hospitality sector. It is claimed that there has been experience of hotel accommodation shortages. Although there will be a food and drink offer within the hotel, the agent states this tends to be limited and visitors will seek other options in the wider area for eating and drinking."

The agent also submitted an economic statement prepared by Turley’s on behalf of the applicant,  reflecting potential impacts of the scheme when the discount food store was still part of the proposals - it has since been removed from the application.

"This summarised the benefits as an investment of £14.25 million, net creation of 80 full time local jobs when the uses are operating (28-30 in the hotel), net annual GVA operational benefits of up to £3.3 million in the wider area, productivity contributions of £4.4 million to the Borders and construction benefits representing 95 jobs. Although these economic benefits would need to be considered reduced on the basis of the omission of the food store and the figures have also been challenged by local hoteliers, there is no specific contrary information to determine that such stated economic benefits should not carry weight in the consideration of these proposals."

Mr Miller's report continues: "The agent explains that a contract has been signed by Premier Inn and also, the style, number and size of bedrooms would be likely to influence the type of budget hotel locating at the site, given the fact that the application is submitted in full with final layout and designs. That this budget hotel offer does not yet exist in the Central Borders area (or more widely, for that matter), means that there is a qualitative difference in the provision of hotel bed spaces from those already being provided, with the nature and length of stays offered by traditional town centre hotels being quite different from that offered by this proposal. The effect is that the proposed provision should complement, rather than draw from the accommodation being provided by existing hoteliers locally."

And councillors are told there are other factors that need to be taken into account, in response to the objectors’ comments on impact on existing businesses and town centres. 

"Although they have claimed that there is declining demand and occupancy rates are decreasing, there is also information to suggest that since the arrival of the railway, visitor numbers have increased significantly in the Borders, thereby potentially increasing the demand for accommodation. The following information is known:  An increase in visitor numbers in the Borders of 6.1% between 2014 and 2016, reversing a downward trend.Overall travel on the railway increased by 9.5% in Year 2 compared to Year 1. A survey for the Government suggested 60% of travellers were using the train for tourism, 41% of these travelling from Edinburgh to the Borders or Midlothian."

The planning officer's document has this to say on the claimed harm to the tourist sector : "Taking all the above factors and information into account, it is considered that there is insufficient evidence or justification to oppose the proposed hotel on the basis of town centre or economic impact. Whilst there will be likely to be some impact on competitors, the planning system is designed not to specifically protect individual operators or inhibit private market competition.

"There are economic benefits which have been identified as a result of the proposals and there is no firm contrary evidence to suggest there would be any particular detrimental effects on town centres such as Melrose or Galashiels. Indeed, nearly half of the bedrooms in existing hotel accommodation in Melrose already lie outwith the town centre."

The document concludes: "In conclusion and subject to compliance with the proposed schedule of conditions, the development is considered acceptable when assessed against the Local Development Plan and Supplementary Guidance. The reduced scheme represents a mix of uses which have largely been identified as being required in the area, maximising on the prominent and gateway position between the A6091 roundabout and the railway terminus. Impacts resulting from the uses are considered to be outweighed by the benefits anticipated from the development, including impacts on the woodland boundaries to the site."

The recommendation for approval from the council's chief planning and housing officer is accompanied by 23 separate conditions which would have to be complied with by the developer.

Another £1.6 million for Borders council i-pads

by DOUGLAS SHEPHERD

A contract award notice published today shows the costs associated with the purchase of a second tranche of i-pads for Scottish Borders schools will total £1,653,750.

It is part of a near £16 million project over ten years which will see the cash-strapped Scottish Borders Council - already forced to make damaging expenditure cuts to front line local government services - buying 9,000 tablets for pupils in the 11-17 age range with 6,500 of the i-pads due to be handed out this month. The supplier is Glasgow-based XMA.

Text which can be read on XMA's website says: "Through the newly approved digital education strategy, XMA are thrilled to be partnering with Apple and CGI to deliver every child aged 11 to 17 in the Scottish Borders Council an iPad. This strategy has been named “The Inspire Learning Programme”. During the early stages of this programme’s planning phases, XMA partnered with Apple to run a number of demos to councillors, SLT’s and teaching staff.

"This was to demonstrate the huge impact digital learning is having in schools across the UK, and we worked closely with the Scottish Borders Council to build a digital education strategy that would change the face of education across the Borders. It was widely recognised that this programme is not about handing iPads to children. With a new age of digital learning, and a future that is becoming more digitally orientated than ever before, it is important to equip young people with the knowledge and skills they need to develop their future careers.

"This programme is also about investing in teachers and empowering them to use technology to positively change the way they deliver their lessons. Digital technology will allow them to maximise every student’s learning potential and opportunities, as well as contribute to their own professional development.

"This is an incredibly rewarding programme for XMA to be a part of, and XMA are playing a key role in deploying these iPads across the Borders.

"Our Scotland Business Unit Director said, “It’s an exciting time to be a pupil or a teacher in the Borders and this project addresses the nationwide challenge of attainment, pupil equity and the digital skills gap. As the National Framework provider for Scottish Procurement, XMA are delighted to be partnering with CGI, Apple and SBC to help deliver this truly transformational project.”.

According to XMA an estimated 6,500 iPads will be rolled out from this August to all high school pupils and then to 2,500 pupils in P6 and P7 next year.

In future years iPads will be shared among 5,700 P1 to P5 pupils. "XMA look forward to watching how young children’s education will thrive through the use of iPad."

The project will cost £15.7 million over a 10-year contract with American technology giant Apple, Canadian firm CGI and XMA.

The hugely expensive project attracted widespread criticism from local taxpayers when it was approved by councillors early this year. But the concept has been strongly defended by council leader Shona Haslam.

With regards to teacher training time, Ms Haslam said: “Time has been set aside in the work time agreement for the first year of deployment of five hours dedicated training per teacher. More time will be set aside for training each year.  These sessions are to be scheduled in non-contact time and no additional cover requirement, or costs is expected. Inspire learning is seen as a way of enhancing the process of teaching and learning, it is not envisaged that there will be a requirement for teachers to transfer existing materials in bulk."

When the learning programme was announced Councillor Haslam declared: "We’re really excited about the impact it’s going to have in the poverty attainment gap, as well as for additional needs students. Quite often in classrooms, additional needs students are the odd ones out because they’re sitting with their iPads. That will now no longer be the case.’

"Despite being faced with significant financial challenges, this administration is presenting a really exciting budget for the Borders, packed with huge investment plans at a truly vital time for our economy."

Up to 175 new jobs at south's development agency

EXCLUSIVE by DOUG COLLIE

The chief executive of the new South of Scotland Enterprise (SOSE) will be paid an annual salary of up to £121,000, and will be in charge of between 125 and 175 staff members, according to the job specifications for the top post.

A deadline of September 12th has been set for applications from those who would like to lead SOSE, which is being formed by the Scottish Government in a bid to kick start the vast region's ailing economy.

Both Scottish Borders and Dumfries & Galloway did have their own enterprise companies promoting job creation and inward investment, but these were axed more than a decade ago, also by the Scottish Government which decided to centralise the Scottish Enterprise set-up. Critics of that move claim the south of Scotland has missed out ever since.

The location for SOSE's headquarters - if it is to have one - has yet to be decided. But according to the application pack for the chief executive's post it is “a unique opportunity to make an impact across a Rural economy”.

The information document for potential applicants goes on to say: "As Chief Executive you will need to develop strong relationships across the public and private sector to align efforts behind a clear strategy and act as an ambassador for the organisation, building positive relationships of influence amongst the business community, politicians and wider stakeholder groups.  

"Active and dynamic leadership of the organisation will be vital, developing a culture of success. Responsible for developing a senior management team, the Chief Executive will build the culture, capability and capacity of the organisation from its establishment on 1 April 2020.

"The successful candidate will have prior experience of developing or interfacing with strategies for economic development either as a business or public sector leader. He / she will have proven effectiveness in leading an organisation, including developing and implementing corporate strategy, and experience of developing and maintaining effective public/private partnerships. In depth knowledge of and/or experience within at least one of South of Scotland’s key economic sectors will also be vital.

"South of Scotland Enterprise plays a key role in delivering a strong and effective Enterprise and Skills system, working with partners through the recently established Strategic Board.  Engaging nationally, the Chief Executive will ensure that South of Scotland Enterprise plays an active role in the national economic conversation and support landscape whilst furthering Fair Work."

The South of Scotland Enterprise Bill will establish the new public body to take a fresh approach to addressing the enterprise and skills needs of the South of Scotland and drive inclusive growth in the region. 

"The Bill is high-level and enabling and sets the strategic aim of the body “to further the economic and social development and improve the amenity and environment of the South of Scotland”.  This approach ensures the body has the flexibility to respond to the needs of the South of Scotland.  The Bill also makes provision for the constitutional, governance and finance matters in keeping with Scotland’s other enterprise bodies to ensure transparency and accountability." 

And the document reveals: "South of Scotland Enterprise will be a Non Departmental Public Body (NDPB) directed by its Board and is expected to have between 125 – 175 staff when fully formed."  

In a statement which forms part of the pack, Scotland's Rural Affairs minister Fergus Ewing says: "The Scottish Government is committed to supporting the inclusive growth and economic success of the South of Scotland.  Recognising the unique circumstances of the South, we are establishing a new enterprise agency for the area bringing a fresh and tailored approach to economic development.  As the first Chief Executive of the new agency, this is an exciting, once in a generation opportunity, to shape the future of the South.

"We are clear in our ambitions for South of Scotland Enterprise.  We want the agency to drive transformational inclusive growth, increase competitiveness and tackle inequality.  The agency will support a diverse and resilient economy, sustain and support communities and harness the people and resources of the South.  While the challenges of the South are well known – a predominantly rural economy, with issues around connectivity, an ageing population and low wages - there are also significant opportunities to be pursued."

Borders population increase wholly dependent on migration

EXCLUSIVE by DOUG COLLIE

The Scottish Borders experienced a record low number of births and a record high number of deaths in 2018, according to a new set of demographic statistics from National Records of Scotland. However, net inward migration is expected to result in a two per cent increase in the region's current population by 2026.

Births registered locally in 2018 totalled 984 (533 male and 451 female), even lower than the 2017 all time low figure of 989. Numbers of 'new arrivals' have slumped over the last ten years from a total of 1,138 in 2008 while there were 1,038 births back in 1998.

The gap between births and recorded deaths (1,472) resulted in a net 'natural' population loss of 488 last year. Total deaths were up by 13.4% on the 2017 figure of 1,298. The statistics for the years 2008 and 1998 were 1,265 and 1,335 respectively.

Life expectancy for Borders residents is above the Scottish average although the statistic for Borders females has dropped slightly. Between 2014-16 expectancy stood at 82.6 years but that was reduced to 82.4 years in 2015-17. However, the figure represents a considerable improvement on that recorded for 2001-03 (79.8 years).

So far as males are concerned the expectancy figure for 2015-17 was 79 years, a small increase from 78.6 years in 2014-2016 and well above the 75.4 years logged in 2001-03.

It is clear from the tables contained in the Scottish Borders demographic profile that an influx of 'new' people from outwith the region has been responsible for a slow but steady population increase over recent times. In general terms the number of incomers has been exceeding the number of leavers each year by between 650 and 850.

The numbers for migration show 4,530 individuals came to the Borders in 2017/18 while 3,850 left the region. In 2016/17 there were 4,460 arrivals and 3,620 departures. Those totals have not changed much since 2001-02 when there was a net gain of 850 people (4,880 in and 4,030 out).

The overall population of the Scottish Borders Council area which totalled 114,530 in 2016 is forecast to rise to 116,777 by the year 2026 despite a sizeable natural loss. That natural loss over the ten years is predicted to be 2,509 as the annual number of deaths continues to exceed the total of births.

But net inward migration from other areas is expected to be 4,769 representing a 4.2% upward shift and resulting in an overall population increase of two per cent..

The burden on local health and social care services could be considerable by 2026. National Records of Scotland foresee a 19% increase in the number of over 65s within the Borders population with an even larger rise in over 75s (33.5%).

The number of households in 2018 stood at 54,413, an increase of 14.7% on 2001 (47,452). The projections indicate that by 2026 there will be 56,497 households. A 10% increase is forecast in the number of one-adult households in the Borders from 19,179 in 2016 to 21,220 in 2026.

Finally, figures relating to marriage show there were 643 weddings across the Borders region, a marginal increase on the 2017 figure of 638. Back in 2008 there were 740 weddings, and in 1998 there were 613 registered.

Civic Trust deplores "sorry story" of Jedburgh eyesore

by EWAN LAMB

The Scottish Civic Trust has conceded that time has run out for a once iconic baronial style building in Jedburgh town centre which now faces demolition following "neglectful ownership".

The 19th Centure property at 2 High Street has been shrouded in scaffolding for several years although it has featured in Visit Scotland literature advertising the Borders town to tourists.

Scottish Borders Council is seeking Listed Building Consent (LBC) to demolish the structure, said to be in a dangerous state and riddled with dry rot. But there have already been objections to the council application with claims demolition would create a dangerous precedent.

In a submission to the planning authority, Dr Susan O'Connor, director of the Scottish Civic Trust, writes: "This is a sorry story of of inaction by neglectful ownership of an important building in the townscape of central Jedburgh, and the apparent inability of your council to overcome the ensuing problems.

"Having studied the background information and professional reports we agree with the conclusion that the time for encouraging its repair and restoration has now run out. It is clear to us that your council has behaved responsibly in the circumstances and we welcome the prospect of an architectural competition for a replacement building".

However, the trust's views are certainly not shared by objector Merlin Lewis, from Lilliesleaf, who has lodged an objection against the granting of consent to demolish.

Mr Lewis states: "Allowing this building to be lost would be a huge oversight and an irresponsible course of action, and its protection would be of great value to the town. There is also an economic case for protecting this building.

"Not only does tourism (and its vital associated revenue) revolve around the history and heritage of built Jedburgh, but there are ever increasing examples of sites such as this becoming desirable spaces when restored to a high standard and marketed in a way that presents their history and character as a premium asset. We have seen success for buildings like this in larger towns and cities, and there is no reason to believe that with care and forward thinking such a direction would not be successful in Jedburgh. This is an opportunity to prevent a part of Jedburgh's history from being completely wasted, and to recognise the economic potential of such a building before it is too late."

He goes on to cite the case of another High Street property - number 31 - which was pulled down several years ago with the site still awaiting redevelopment.

Mr Lewis says: "The story of 31 High Street, provides a disappointing example of a failed experiment in removing core parts of Jedburgh's architectural heritage. The existence of a more important and significant building now lies in the balance and I consider it absolutely crucial that the application to demolish said building is refused.

"To demolish it would set an unfortunate precedent, paving the way for the demolition of similar building in the future; the Council would find it difficult to reject a proposal for another demolition if it allowed this one to go ahead. At that point, Jedburgh faces a huge risk to its celebrated character and landscape. The loss of such an impressive and irreplaceable building in the centre of Jedburgh would be hugely regrettable."

Douglas Hunter, another objector, claims in his written comments that demolition should be a very last resort in a conservation area.

He adds: "Several years ago, in response to impatient complaints about scaffolding, an early 19th Century building at 31 High Street was pulled down and replaced with a very unconvincing canvas and steel 'Wendy House'. Prior to this Jedburgh High Street's buildings had survived remarkably unchanged for a century. What had been dubbed an 'eyesore' had become a 'sore thumb'..

A council report in support of the LBC application explains: "The property was designed by Clarke and Bell of Glasgow in Scots baronial style and built in 1866.

"Once direct action had commenced and a full scaffold erected it became clear that the stonework was in worse condition than originally identified and water penetration both to the front and rear had caused serious dry rot outbreaks which was largely concealed by internal finishes. The owners of the building had all vacated their properties effectively leaving the council to proceed with the necessary works in line with the formal notices that had been served.

"Work commenced on adjusting the scaffold to allow the works proposed to be undertaken – which had been initially limited to the installation of numerous tie rods linking the floors to the external wall. but it was then found that further movement of the gable had occurred resulting in additional scaffolding having to be erected to provide bracing, including counterweights which resulted in temporary road closures and the introduction of a one way system.

"The building has now deteriorated to such a condition that extensive external and internal scaffold bracing has had to be installed to protect the public from danger. In addition the nature and location of the bracing has resulted in the need to install a temporary traffic management system. This scaffolding and the associated traffic diversion and signage impacts significantly on the High Street and Market Square in particular and Jedburgh town centre in general.

"The property currently remains in the ownership of the individual proprietors; whilst there are five individual properties, the numbers of actual property owners is actually fifteen. Marketing the building is simply not a realistic proposition, given the conservation deficit identified."

Council credit card 'delays' revealed

by EWAN LAMB

A 'judgement' from the Scottish Information Commissioner (SIC) has disclosed a series of events which resulted in Scottish Borders Council's failure to publish details of credit card spending by its top executives during 2016 and 2017 until early this year.

The council promised as part of its policy of 'openness and transparency' to furnish its taxpayers with regular updates on credit card expenditure following a political row which erupted in 2014. John Lamont, then a local MSP, obtained details of over 1,000 transactions by SBC top brass using their plastic, and claimed the volume of use was 'staggering'.

But after disclosing lists of transactions for 2015, there was still no sign of the 2016 and 2017 statistics in December 2018 when Jedburgh council taxpayer Bill Chisholm submitted a Freedom of Information request asking for the missing sets of expenditure.

The request was refused, the council claiming it would be publishing the data for 2016, 2017 and 2018 within twelve weeks of the FOI being lodged. The entire backlog was finally released via the SBC website in February 2019.

But according to the requester there was no good reason for withholding the information for 2016 and 2017, and he asked the SIC to rule on whether the council was justified in its refusal.

In a written decision issued this week - eight months after the original FOI request was made - the SIC's Head of Enforcement Margaret Keyse says the council "correctly withheld the information".

During the SIC investigation SBC set out the reasons for not publishing the credit card transactions on time. Here is that explanation in full, as recorded in the Commissioner's decision document:

"The Council explained that the publication of the 2016 and 2017 credit card information was delayed due to changes in the roles and responsibilities of staff following a restructuring exercise within the Council. During this period of transformation, the introduction of new electronic systems and the consequent staff changes to align with that system resulted in work priority being given to other tasks, including statutory duties. As a result, the publishing task was overlooked.

"The Council provided evidence to the Commissioner that the failure to publish the information from 2016 and 2017 had been recognised and that a work stream had been set in place to solve the issue in July 2018, months prior to Mr Chisholm’s request. This was originally allocated for completion in August 2018, but was not completed and passed to another official in November 2018, again prior to Mr Chisholm’s request.

"At the time of the request, the Council considered disclosing the information, but stated that a significant amount of work was still required to collate, verify and redact the information, requiring input from several different areas of the Council to ensure the disclosure was accurate and meaningful. As the information was on track to be published by the usual date of publication in February, the Council considered it was reasonable to rely on section 27(1) of FOISA."

In her conclusions Ms Keyse states: " The Commissioner accepts that, in the circumstances of this case, it was in the public interest for the Council to be allowed the space and time to collate and check the 2016 and 2017 data to ensure the completeness and accuracy of the information before it was published.

"The Commissioner is satisfied that, on balance, the public interest in this case favoured maintaining the exemption as the public interest in disclosure was outweighed by the public interest in ensuring the data was complete and correct prior to release."

Commenting on the Commissioner's ruling, Mr Chisholm said: "This means that in November 2018 council departments were continuing to collate, verify and redact details of credit card transactions which had taken place up to three years ago.

"In that case it would seem those items of expenditure which were incurred in 2016 and 2017 cannot have been ready for presentation to the authority's external auditor when the annual accounts for those years were due for inspection.

"The reasons given for non-publication? I'll leave it to others to express opinions as to the credibility of the evidence. However, the Commissioner has decided to accept SBC's very complicated explanation for non-disclosure in what appears to have been a long-running saga".

Move to 'restore' council's bankrupt contractors

EXCLUSIVE by DOUGLAS SHEPHERD

Shareholders and creditors who lost millions in the spectacular collapse of the New Earth Solutions group - the company handed a £80 million waste management contract by Scottish Borders Council - have been told of plans to revive the businesses so that new liquidators could challenge the actions of former office bearers.

More than four years after the council pulled the plug on its disastrous liaison with the Group (NESG), liquidators on the Isle of Man continue their long running investigation into New Earth's finance partners, New Earth Recycling & Renewables [Infrastructure] Fund, known as NERR.

Its many investors also suffered catastrophic losses while council taxpayers in the Borders picked up a £2.4 million bill after NERR failed to bankroll a planned £23 million waste treatment facility for SBC at Galashiels. After all of the firms named above became insolvent and were dissolved it was discovered that NERR had loaned the NESG businesses huge sums to keep them afloat. Many of the charges (mortgages) remain outstanding.

NERR was controlled, managed and promoted by the Premier (IOM) Group, and directors there earned extensive fees while NERR was active. But it took SBC several years to realise their much needed Easter Langlee waste plant would never be built because NERR did not have the cash and NESG's technology was not commercially viable.

NERR liquidators Alex Adam and David Craine, of insolvency experts Deloittes have issued their first update to creditors since February as the complicated investigation into the fund's affairs continues, funded by the Isle of Man Financial Services Authority [IOMFSA].

Investors, who were warned in 2016 there was little likelihood they would recoup any of their money, are reminded in by Mr Adam in his report that the Manx courts rejected an application to have NERR directors Michael Richardson and John Bourbon interviewed under oath.

Mr Adam writes: "The role of the Joint Liquidators is, in the circumstances of this case, to investigate the reasons for the failure of NERR, determine whether liability for the failure can be attributed to one or more parties and thereafter to consider whether there are viable claims that can be brought against those parties.

"Following the Court judgement, we wrote to the directors setting out detailed questions. Having received and reviewed the responses to the initial round of questions the liquidators are disappointed at the lack of insight provided.

"We are considering the appropriate next steps to progress this matter with our legal advisers. In the meantime, we continue to progress our investigations into the roles of other advisers to the Company and anticipate having made material progress in assessing whether there are potential claims which could be brought by the Liquidators.

Mr Adam goes on to describe the highly unusual process proposed by 'a third party' in a bid to get at the truth behind NESG's collapse into dissolution.

He states: "The Liquidators [ of NERR] have been approached by a third party which, we understand, has funding to investigate the prospect of restoring NESGL and NESFM (New Earth Solutions Facilities Management) to the company registry in the UK.

"Should this proceed, they would then look to appoint liquidators over those entities with a view to challenging the actions of former office holders of those companies with the objective of securing further recoveries for the creditors of those entities (including NERR). Whilst the Liquidators’ view is that the prospects of any recovery being generated for NERR from this action is highly speculative, we have advised the third party that we would support such applications as shareholder, provided there is no cost to the Company and at least the potential for a recovery."

Mr Adam advises that Deloitte will provide a further update on the progress of the liquidation towards the end of December 2019. However should there be any material matter to report on in the meantime, we will provide an update at that time."

Great Tapestry of Scotland company formed

EXCLUSIVE by DOUG COLLIE

Three of the main players in the development and promotion of The Great Scottish Tapestry are the directors of a brand new company which changed its name this week by a Special Resolution to The Great Tapestry of Scotland Ltd.

According to information posted on the Register of Companies website the fledgling firm which started life on July 3rd 2019 as ANDSTRAT (NO 423) Ltd.has indicated the nature of business it will be involved in is "leasing of intellectual property and similar products, except copyright works".

The directors are listed as Alastair Moffat, the Borders-based author and broadcaster who has also served as joint chairman of the Great Scottish Tapestry Charitable Trust, Andrew Crummy, artist and designer of the tapestry project, and Jan Rutherford, a director of the Birlinn publishing company and managing director of Publicity & The Printed Word.

She helped to manage the exhibition and tour of the tapestry panels, dealing with publicity, merchandising and future planning. Mr Moffat was responsible for advising the tapestry trustees on historical content..

Each of the directors holds a £1 share in the new company which notified Companies House of its change of name on July 30th. The fourth shareholder is best-selling author Alexander McCall Smith, the other joint chairman of the charitable trust and initiator of the project.

All four shareholders are signatories to the name change resolution now published by Companies House.

Scottish Borders Council and the Scottish Government are in the process of spending more than £6.5 million on a custom-built home for the tapestry in Galashiels. The visitor centre is scheduled to open in the spring of 2020 and is forecast to attract 50,000 visitors each year to the Borders town.

The new tapestry museum will be run by Live Borders, the organisation which manages and administers cultural and sporting venues in the region. Stirling-based Ogilvie Construction has been given the contract to build the new centre which was designed for the council by Glasgow architectural firm Page Park. 

When it was announced in April that work was to start on construction of the visitor attraction, Mr Moffat told The Southern Reporter: "The Great Tapestry of Scotland is an object not only of great beauty and power, but it will also act as an engine for renewal.

“As large-scale retail moves to the periphery of towns and cities, it is magnetic cultural attractions like the tapestry that will bring back life to the centres of these beautiful places. “The huge success of the V&A in Dundee, attracting 500,000 visitors in six months, double estimates, is only the latest example of how well this strategy works.”

Mr McCall Smith is also a director of a company called Tapestry Trading (Scotland) Ltd, founded in 2013 and, like The Great Tapestry of Scotland Ltd. registered in Edinburgh.

According to Tapestry Trading (Scotland)'s last published accounts for the year to June 2018 the company had an annual turnover of £1,229 and recorded an operating profit of £132. The business had assets worth £6,279 and 'current liabilities' of £18,247.

The other two directors are retired solicitor Lesley Kerr who is also a tapestry Trustee, and Elizabeth McCall Smith. The nature of business is stated to be "Cultural Education" and "Artistic Creation".

Financial information (income and expenditure) for The Great Scottish Tapestry Charitable Trust can be found on the Scottish Charities regulator's website.

It displays the following figures for the tapestry trust: twelve months ending June 2016 - income £96,667; expenditure £114,669; 2017 - income £8,239; expenditure £16,611; 2018 - income £7,314; expenditure £30,703; 2019 - income £0; expenditure £0.