Smallholder loses Borders enforcement appeal

by DOUG COLLIE

The siting of a static caravan and a poly tunnel on land near Newcastleton in the Scottish Borders breached regulations, according to a government planning reporter who has dismissed an appeal against an enforcement order imposed by the local authority.

Amanda Hale claimed in her written appeal to reporter Tammy Swift-Adams that she bought the 4.5 acre holding near Yethouse Farm to develop as a smallholding, "a perfectly peaceable and lawful undertaking". There had been a caravan positioned on the land for at least a decade, she said.

The appellant [Ms Hale] believed the caravan constituted 'permitted development', and in her view the poly tunnel was not a building therefore was also out with planning regulations. 

In her appeal statement Ms Hale wrote: "I have never intended to be permanently resident there. My brother, visiting from his home in the Philippines, did use the caravan during his stay. This was short term and temporary".

She added that she was distressed that Scottish Borders Council had not made the effort to hold a discussion with her about their concerns before issuing the enforcement order.

But in her Decision Notice, Ms Swift-Adams states: "There is no persuasive evidence before me of the caravan being in agricultural use. The appellant has submitted a holding management plan (“the holding plan”) that suggests sheep as an appropriate choice of livestock for the holding and states that lambs or lambing ewes would need shelter in the event of extreme weather. However, a polytunnel has been erected for that specific purpose. 

"The appellant does not suggest the caravan is also used for that purpose, or any of the other agricultural activities including those referred to in the holding plan. The holding plan refers to a welfare cabin, which I understand to be the caravan, but only notes its existence. The appellant states they use the caravan as such, but does not substantiate that or explain why they consider that siting a caravan on the land for this purpose is permitted development."

Based on the evidence, the reporter did not consider the caravan in this case amounted to seasonal accommodation. The appellant’s evidence stated that peak workload times for sheep management range across a period from March to December (ten months) rather than being limited to a particular season. Ms Hale did not claim to employ seasonal agricultural workers, or that the caravan was removed from site in between any bouts of work.

Ms Swift-Adams adds: "Furthermore, during my site investigation I found the caravan, and the part of the land on which it is sited, to be more residential in appearance than agricultural. The timber cladding gives the caravan a log cabin effect. 

"It is surrounded by chattels that have more in keeping with residential use than agriculture, including a small garden shed, garden-style seating and several domestic-scale planters. The field gate for this part of the site was ornamented with plastic flowers and a vintage kettle. Such decorations may not themselves be unlawful, but I do find them indicative of the caravan being used for residential purposes."

The reporter also concluded that the poly tunnel on Ms Hale's land constituted a building which had been assembled on site.

Her Decision Notice ends: "The appellant has submitted photographs of other caravans on land in the area, some of which I saw on the way to my site inspection. However, the existence of these other caravans, whether they are lawful or not and whether or not they have been the subject of other enforcement notices, does not affect the lawfulness of this caravan. 

"For the reasons given above, I find that the siting of the static caravan, the erection of the polytunnel and the engineering earthwork do constitute breaches of planning control and that the appeal fails. I have considered all of the matters raised but find none that would lead me to alter my conclusion that the enforcement notice should be upheld."

Future of iconic Borders bridge in suspense

SPECIAL FEATURE by EWAN LAMB

As a £10 million project to restore the oldest vehicular suspension bridge in the world reaches its acclaimed conclusion near Berwick-on-Tweed, a similar river crossing installed by the same engineering genius just 25 miles away, and also dating from the early 1800s, faces a much more uncertain future.

The Union Chain Bridge across the River Tweed linking Scotland and England upstream from Berwick is world famous - the creation of naval captain Sir Samuel Brown  who first patented a design for wrought iron chain links to be used in suspension bridges in 1817. His Union bridge was completed in 1820 at a cost of £6,449.

Some ten years later Brown was commissioned by wealthy landowner William Mein, of Ormiston in Roxburghshire to construct a smaller version to span the River Teviot at Kalemouth for Mr Mein's private use. It is 180 feet in length compared to the Union bridge which measures 423 feet between its stone towers.

Soon after its completion, Mein allowed public use of the Kalemouth bridge under a system of tolls. According to old documents the charges in 1834 were a halfpenny for pedestrians, threepence for a horse and cart, sixpence for a gig and a shilling for a chaise.

Captain Brown (1776-1852) who resided at Netherbyres, Eyemouth was responsible for a significant number of suspension bridges, and was knighted by Queen Victoria in 1838.

The successful renovation of the Union bridge has been a joint venture between Scottish Borders Council (SBC) and Northumberland County Council with millions of pounds provided by the National Lottery to ease the considerable financial burden.

Kalemouth bridge between Jedburgh and Kelso is the sole responsibility of SBC, and the Borders local authority simply does not have the cash to tackle the challenging list of structural defects which forced its closure to vehicular traffic 27 months ago. The bridge is of national importance having been A-listed by Historic Scotland in 1977.

A new briefing note on the situation from John Curry, SBC's Director - Infrastructure & Environment says: "The bridge was closed to vehicular traffic in August 2020 on the grounds of safety. During planned repair works significant defects within the timber elements on the bridge were uncovered and these affect the bridge’s ability to carry vehicular traffic. Council officers have been undertaking further work to become more informed of the specific structural issues surrounding the bridge and the implications these may have on its ability to be re-opened to light vehicles. This process continues."

It was originally estimated (in November 2021) that repairs would cost the council up to £1.1 million, a sum which exceeds the entire £1 million annual budget for bridge maintenance in the region. And that would only pay for the replacement of the timber deck and balustrades with no allowance for other works.

But now, according to Mr Curry: "The recent cost of living increases and the current high inflation rate will only have increased these figures. These costs are so high in a large part due to the extensive scaffolding access system that will be required to allow work to be undertaken on the bridge safely. If additional works are identified following this more in depth structural assessment of the ironwork elements then costs will increase accordingly."

The £1 million a year maintenance budget is clearly inadequate given the number of bridges in council 'care'. The council has 1200 bridges to manage and maintain from this annual allocation. 

Mr Curry's briefing document explains: "This year has seen the completion of major refurbishment works to the A6105 Chirnside Bridge, the replacement of three smaller lifeline bridges, the strengthening of the B709 Dunhope Sike Bridge, the inspection of 400 bridges and the significant repair of a roadside wall supporting the A72 along with many other vital schemes. 

"Within our future works list we have high priority repairs required to the A698 Leet Bridge (concrete repairs), the A6112 Brockholes Bridge (concrete repairs), the B711 Hardenburn Bridge (masonry repairs) and the B6359 East of Newlands Bridge (replacement)."

He concedes that with such high costs anticipated at Kalemouth Bridge external funding will be required and securing this will take some time. 

Meanwhile a detailed inspection of the bridge by an external structural engineering consultant using specialist access equipment is being procured and should be undertaken in the near future. 

The results of this inspection and subsequent calculation work will help determine what, if any additional work, is needed to the ironwork on the bridge. The timber elements, which need fully replaced, are ultimately supported by the ironwork via a system of cables and hangers. Information from this further work will be used to produce a more robust cost estimate for the full refurbishment works.

Mr Curry concludes: "On behalf of the Council I apologise for the inconvenience caused by the bridge closure, and I am sorry that I cannot deliver more definitive news on this occasion. The Council is working to find a solution to see this bridge carry light vehicles once more, however, it is hoped that this briefing note, in addition to the earlier one, gives some explanation as to the challenges and engineering complexities involved in this project."

A council spokesperson told us: "A further briefing note is currently targeted for Spring 2023 which will discuss the findings of the engineering consultant works in more detail."

Council's 'profitable' trading arm had £200,000 deficit!

EXCLUSIVE by DOUGLAS SHEPHERD

External auditors who examined Scottish Borders Council's latest accounts have recommended a 'best value' review of operations within the authority's trading organisation SBc Contracts after the section recorded an unauthorised loss, albeit due to an accounting technicality.

SBc Contracts has been operating for 20 years, and as well as carrying out road maintenance and other services in the Borders it also bids for work in other local government areas as well as serving private customers by laying drives, etc.

Under Scottish Government regulations any council-controlled trading operation must at least break even financially in any three year period. But the latest report from Audit Scotland, the public spending watchdog which inspects SBC's books shows this was not achieved over the three years up to the end of 2021/22.

The report which is being considered by councillors this week explains: "SBc Contracts reported an operating surplus of £0.4 million in 2021/22. However, following technical accounting adjustments for IAS 19 [International Accounting Standard] Employee Benefits (including pensions), the final position was a deficit for 2021/22 of £0.3 million for external works and a three-year cumulative deficit of £0.2 million."

SBc Contracts' website says since its inception in 1992 the organisation has steadily progressed to become a well recognised key player in the construction industry winning contracts in both the private and public sectors in central and southern Scotland and beyond.

"We have the capability to undertake projects ranging from high risk, high value major construction works in the magnitude of £20M to smaller private works such as pavement or road surfacing of around £1,000. 

"Key areas of expertise: Engineering road and bridge works; Streetscape; Surfacing; Sign design, manufacture and installation (we have our own sign manufacturing workshop); Road Maintenance; 
Private roads and driveways; Groundworks; Bond and Tack Coat Spraying; Surface treatment (supply of plant and equipment); Temporary Traffic Management".

A trading operation report for 2021/22 prepared by senior SBC officers warned: "Commercial performance remains challenging for 22-23. We are experiencing the impacts of unprecedented rises in fuel and raw material. Although this had been a recognised issue over the last year. 

"Recently due to the war in Ukraine this has further compounded what was already a challenging position which has created a bitumen shortage across Europe and the UK, and this of course is a main component for anyone undertaking roads construction and maintenance activities. Supply chain issues, which we have been experiencing over the last 18 month, are therefore ongoing, we continue to work with clients, designers and suppliers to overcome delays in delivery which in turn impacts project performance."

The report, submitted to elected members in June, claimed a review of the service, which had been ongoing throughout 2021/22, was close to a conclusion the outcomes of which would be shared with councillors in due course. 

"Critical to this review though has been to consider the ongoing model for service provision within roads, and at this time the review is not suggesting that there are fundamental changes required to the service which it has assessed as delivering value for money to the Council.

"The scale of the operation and some of the business models behind it will need to change to enable a more efficient and effective service to continue to be delivered. We will continue to see issues such as staff recruitment and investment into the operational machinery business case to be considered in the round as part of the ongoing process of ensuring the financial challenges the Council faces are met."

Audit Scotland's report warns there is a risk that the council’s significant trading operation activities do not represent best value for the council. 

The watchdog recommends: "Scottish Borders Council should carry out a review of SBc Contracts to examine the cost effectiveness of the service provided to ensure that it continues to represent best value for the council."

Management at the council told the auditors there had already been work carried out as part of a wider appraisal that looks to improve depot based services that includes SBc Contracts. 

"As part of this work we will undertake some initial analysis of financial trading data to identify key areas for improvement or focus. In addition, work is underway to introduce improved IT software to support the service and to better record and track income and expenditure. This is seen as a pivotal and necessary step to enable a more rigorous review to be undertaken to examine cost effectiveness and best value of SBc Contracts, this is expected to be delivered within 12-15 month timeframe."

SBC's annual accounts show SBc Contracts employs 138 manual workers and 21 management and support staff and utilises a wide range of vehicles and items of plant to carry out its work. 

According to the accounts: "SBc Contracts employs 138 manual workers and 21 management and support staff and utilises a wide range of vehicles and items of plant to carry out its work. The organisation continued to contribute strongly to Council resources both directly and indirectly through: Supporting additional high added-value jobs in the Vehicle Maintenance trading operation; Maintaining very competitive charge-out rates to offer “Best Value” for Council Revenue and Capital projects."

Council queried over Lowood development plans

EXCLUSIVE by EWAN LAMB

The government planning reporters who are examining the Borders Local Development Plan have asked the LDP's authors for further information about the proposals for Lowood Estate, near Melrose which has been earmarked for an expansion of Tweedbank village. 

Lowood's development has been challenged even before Scottish Borders Council has obtained planning permission for the initial roads and infrastructure works. There are claims the authority should have commissioned an Environmental Impact Assessment prior to any works even though local planners maintain there is no need for an EIA in this case.

The key Lowood housing and industrial land in the Central Borders is just one of the council's many development sites under scrutiny by Scottish Government reporter Nick Smith and his team. The final decisions on the new Borders LDP are expected in May 2023 once the planning experts have looked at hundreds of documents and hundreds of comments from organisations and individuals.

As part of that process, the reporters' unit which reports to Scottish Ministers has this week requested additional information from SBC relating to Lowood.

The council is asked specifically: "The “site’s natural assets” map on page 30 of the supplementary planning guidance shows different areas of woodland protection and planting than those shown in the Tweedbank settlement map. The supplementary planning guidance also shows areas suitable for compensatory planting which are not mentioned in the site requirements.

"The council is invited to suggest modifications to the list of site requirements for allocation MTWEE002 [Lowood's reference number in the LDP] and the Tweedbank settlement map, to reflect relevant provisions of the supplementary planning guidance in relation to woodland protection and compensatory planting."

A second issue cited in the request relates to the possible impact of developments at Lowood on the River Tweed Special Area of Conservation (SAC).

According to the reporters: "The council states that standoff zones from the floodplain and river terraces effectively introduce areas that are not developable and as such NatureScot considers that intrinsic mitigation is in place. However, these measures do not appear to be fully reflected in the site requirements for allocation MTWEE002 or the Tweedbank settlement map. 

"Taking account of the matters raised in the above representations, the council is invited to suggest modifications to the list of site requirements for allocation MTWEE002 and the Tweedbank settlement map, to reflect relevant provisions of the supplementary planning guidance in relation to flood risk and potential impact on the River Tweed SAC."

The council has until December 1st to respond to the request.

The potential for damage to the Tweed is the focus for objections to the Lowood infrastructure proposals, currently the subject of a planning application by SBC to its own planning department. David Bell, an eminent planning consultant represents the interests of Gowanloch Investments, owners of the prime Upper Pavilion salmon fishing beat next door to Lowood.

Last month Mr Bell lodged a supplementary objection to the council's application, with emphasis on the circumstances surrounding the non-existent EIA.

Mr Bell claimed in his written submission on behalf of Gowanloch: ".The area of land covered by the proposed work (i.e. the area within the 'red line' boundary) is confirmed in the Application under "site area" to be 0.99 hectare in area (meaning that it falls below the one hectare applicability threshold set down in the 2017 EIA Regulations). 

"However, having measured the red line area we calculate it in fact as 1.036 hectare. This all supports the Company's contention that the Council is artificially splitting the Lowood project as a whole, and its road and drainage infrastructure proposals in particular, in order to avoid EIA scrutiny."

And Mr Bell maintains that had an EIA report been required, it follows that the likely effects of the construction and operation of the Estate's proposed road and drainage infrastructure on the River Tweed and its designated conservation objectives would have been required to have been properly assessed by the Council prior to the Application being finally determined.

Mr Bell states: "In the event, the potential impact of contaminated surface water flowing from the application site into the adjoining area of the SAC appears not to have been considered by the Council simply because no part of the physical drainage infrastructure comprising the outfall pipe or channel is proposed to be located within the SAC's designated boundary."

Pay award pending for new £131,956 Borders council chief

by DOUG COLLIE

Scottish Borders Council has launched a high-powered campaign in its quest to attract a new chief executive who will receive up to £132,000 on taking up the top job, with a further pay award in the pipeline.

The local council has engaged specialists Solace in Business - part of the Society of Local Authority Chief Executives organisation - as recruiters following the sudden departure in June of Netta Meadows who had held the best paid job in the Scottish Borders for only 15 months.

After Ms Meadows left office, the local government 'trade' paper The Municipal Journal reported in August that she had submitted a grievance to her former employers. The nature of that grievance remained a mystery, and the local authority has made no public statement on the issue.

Candidates who may be interested in applying for the job can find full details on a special website which includes a description of the role and material relating to the council's aims and objectives.

The CEO job advert - the deadline for applications is December 12th - is one of more than 60 current vacancies listed on SBC's own 'Jobs' website.

The accompanying blurb states: 

"A DESTINATION WITH A GREAT DEAL TO OFFER

It’s easy to be inspired by your surroundings in the Scottish Borders. Stunning rural landscapes provide an idyllic backdrop to a quality of life offer that’s second to none. But look more closely, and you’ll find that there is a lot more going on.

Our proximity to the key hubs of Edinburgh and Newcastle means we are incredibly well-connected. But it also places us at the fulcrum of three ambitious regional growth programmes: The South of Scotland Economic Partnership; The Edinburgh South East Scotland City Deal; and The Borderlands Partnership. We are hugely ambitious for what this means to our communities, and we will look to our new Chief Executive to play a central role in maximising these opportunities.

The Borders is a place of immense potential – we want to see it flourish. That’s why we are looking for someone who can represent and advocate for the council on the regional and national stage; and an organisational leader who can build from within – supporting and developing staff to excel, and building our capacity to deliver the best for our residents."

And according to the designated web pages: "The Borders is a place of immense potential, much of which is untapped. It offers a stunning natural environment and a great quality of life, all set within an enviable strategic location with great connections to both sides of the border. As a Council we are both confident and ambitious in our plans, and we will want our new Chief Executive to be someone who shares this enthusiasm and sense of purpose.

"It's important that whoever takes on this role can be an influential advocate for the Borders; someone who can quickly build trust and confidence with our partners. And we are looking for an inspirational and empathetic organisational leader, who will commit themselves to supporting and developing staff, enabling their talent to flourish and enhancing our capacity to achieve great things for our community."

The latest version of the Council Plan, approved by elected members in February 2022 identifies six outcomes which the authority is "working towards, five of which are focused on the wellbeing of citizens within the Scottish Borders and making our region a more sustainable and better place to live, work in and to visit."

The job advert explains that the sixth is internally focused, ensuring that as an organisation, the Council is effective and efficient, which is vital to ensure the successful delivery of the other five outcomes.

"Our six outcomes:

1. Clean, green future
2. Fulfilling our potential
3. Strong inclusive economy, transport and infrastructure
4. Empowered, vibrant communities
5. Good health and wellbeing
6. Working together - improving lives

 As an involved partner in three key economic partnerships the Council is a committed and effective advocate for Scottish Borders, ensuring we draw on all of the resources and funding available to use to grow the local economy, create better opportunities for our residents, and promote our area as an investment destination. These three initiatives ensure access to major funding streams that have the potential to see hundreds of millions pounds invested in the Borders."

For the past few months the vacant role has been filled by David Robertson, SBC's chief financial officer who currently has the title Acting Chief Executive.

Firm appeals Borders quarry refusal

by DOUGLAS SHEPHERD

A decision by members of Scottish Borders Council to reject proposals for a 75-acre quarry in rural Peeblesshire because of its perceived harm to the landscape and the impact on a nearby Roman road is being challenged by the developers who claim the extraction of 1.4 million tonnes of sand and gravel is in the "public interest".

Agents for Forfar-based Stonepack Ltd. have lodged an appeal with the Scottish Government against last August's Borders planning committee decision. Councillors rejected the concept of a quarry which would have operated over a period of 15 years on South Slipperfield farm, close to the village of West Linton.

Local opposition to the plans was so strong that a special Quarry Action Group was formed. Its members were responsible for some of the 139 representations while there were only 18 submissions in  support of the project in an area of special landscape value. It seems likely the group will be reactivated to oppose Stonepack's appeal.

Senior planning officers at SBC, Craig Miller and Ian Aikman concluded in a report to committee: "The application is considered to be in contravention of national objectives and Local Development Plan Policies on securing additional reserves and extraction of minerals, whilst ensuring that the environmental impacts are either acceptable with mitigation and/or outweighed by the demonstration of significant public benefit. 

"The visual and landscape impacts within the Pentland Hills Special Landscape Area (SLA) and on local landscape character will be significantly adverse and incapable of being overcome through mitigation. Furthermore, there will be adverse cultural heritage impacts on the appreciation of the setting of the Core Path which adjoins the north-western boundary of the site and which carries, or immediately adjoins, the line of the Roman Road linking Inveresk with Crawford. 

"All other material factors have been considered but do not outweigh the adverse impacts and contravention of Local Development Plan Policies aforementioned and could have been addressed by planning conditions and a legal agreement, had the application been supported."

But an attempt is made in the newly published Appeal Statement lodged by Edinburgh law firm Brodies to demolish the planners' reasons for refusal.

It is claimed in the 23-page statement: "This appeal should be allowed and planning permission granted, on the grounds that the Proposed Development would result in a broad range of benefits; demonstrates a high degree of development plan policy compliance and finds substantial support from Scottish Government policy. 

It is the appellant's contention that minerals make an important contribution to the economy, providing materials for construction, energy supply and other uses, and supporting employment

A quote from national policies in the appeal statement reads: "The extraction and use of minerals makes an essential contribution to the Scottish economy by providing important raw materials for manufacturing, construction, agriculture and other industries. The planning system should safeguard important mineral resources and ensure that sufficient resources are available to meet the demands of industry in a way that minimises the impacts of extraction on the environment and local communities”. 

According to Stonepack the Proposed Development would address a substantial deficit in the minerals landbank in the market area. The mineral deposit within the Proposed Development area is a good quality sand and gravel. There is an established market demand for these products within the Scottish Borders and adjoining regions. The appellant is seeking to secure a long-term supply of aggregates to meet its business needs. The development would support continued employment at Stonepack's  existing business at Broxburn.

In a reference to the Pentland Hills SLA, the appeal document says: " The Pentland Hills Special Landscape Area within the Scottish Borders, is a valued landscape for wildness character and recreational access. The Proposed Development has no effect on these key aspects. While the site is subject to this local landscape designation, it does not preclude the acceptability of a minerals development subject to the level of landscape and visual impacts."

And so far as heritage assets are concerned: "The Appellant acknowledges that some cultural heritage assets may have a heightened sensitivity to changes of this nature where aspects of their setting draw on specific environmental conditions – such as a sense of solitude at a remote religious asset – however, it is not appropriate to consider the Roman Road as a noise or dust-sensitive asset given these characteristics are not intrinsic to the importance of the asset.”

Stonepack believes the Proposed Development is in the public interest and delivers social or economic benefits of national or local importance. They say the council’s reasons for refusal are not based on the correct interpretation of the development plan policies and are not supported by the evidence.

Undeveloped estate costing Borders Council just £5,000 a year

by EWAN LAMB

Fears that expenditure following the £10 million purchase of the Lowood Estate by Scottish Borders Council would become a burden on the public purse have been dispelled by the local authority, revealing it spends a mere £5,000 annually on property repairs and maintenance on its 110-acre holding which includes a large country house.

But a local government pundit, contacted by Not Just Sheep & Rugby for a detailed assessment on SBC's recent disclosures associated with the estate deal claimed the £5,096 figure for 2020/21 could not be justified. A number of other factors should have been taken into account, the expert said.

As we reported recently, a start has yet to be made on developing Lowood four years after the property transaction was concluded with the estate's family trust. A consultant's report released to us by the council estimated infrastructure costs of £13.7 million at 2017 prices to facilitate housebuilding and other uses for the land. 

Our list of questions to SBC included this one: "Since acquisition of the estate in December 2018 the council will have incurred costs including revenue costs to service the £10 million purchase. Please provide a breakdown of these costs including money spent on the upkeep of Lowood."

In response the council told us: "  In line with the Council’s Treasury Management Strategy, the Council does not borrow to fund specific projects but only borrows to support the Council’s general cash flow position when required.  Prudent cash flow management allowed the purchase of Lowood to be funded from internal cash surpluses  with no borrowing required at the time of purchase.  

"There are no capital repayment costs associated with the purchase of the estate due to the intention to recover the cost of the purchase from future sale proceeds.  Costs relating to the site are minimal and are centred around property and utility costs which in 2020/21 amounted to £5,096.  These costs are fully met and exceeded by rental property income and grazing income from the site."

According to the unaudited accounts of Lowood Tweedbank Ltd. for 2021/22, the council controlled company set up in November 2018 at the completion of the estate purchase, those property repairs and maintenance costs increased to £5,586 during the last financial year.

The company, which is also a registered charity and has David Robertson, the authority's acting chief executive as its sole director, is in effect a letting firm looking after the Lowood real estate. Financial details included in the latest accounts include turnover of £42,643 with rental income of £37,055 paid to the council following the deduction of those maintenance costs.

Our pundit told us: "The fact that SBC manages cash-flow to minimise borrowing for investment DOES NOT justify the answer you have been given - because even if at the time of first incurring the £10m debt there was no increase in borrowing; there was an opportunity cost in spending the positive cash flow on Lowood, as opposed to spending it on another investment."

We had also asked SBC: "Why was there no Business Case with infrastructure costs published before the estate was purchased? This was commented on at the time by opponents of the deal. If there was a ‘confidential’ Business Case prepared for the council, please provide a copy." 

As part of its detailed response, the council stated: "There was a Business Case with infrastructure costs prepared for the Council when the decision was taken to purchase the remainder of the Lowood estate. This information was considered by Elected Members in private because the purchase was commercially sensitive. 

"It was expected at the time of the purchase that further public sector investment would be needed to enable the housing and business space development ambitions set out in the Tweedbank Masterplan, linked to the City Region Deal and other public funding sources.

"Attached is the financial business case which was prepared four years ago, this document is no longer commercially sensitive and can be released. It is expected that this business case will be updated to support the report being prepared for Council (by March 2023)."

The report in question had been compiled by consultants Ryden, and we recently reported on its contents in some detail.

SBC also attached a second document which is already in the public domain. It was the 2019 Business Case for the so-called City Region Deal and covers proposals for the Central Borders centred on Tweedbank. It is not Lowood specific.

We showed the Ryden Report 'Business Case'  for the Lowood purchase to our pundit. He said: "The Ryden Report which is appended is an options analysis - it is not a Business Case. They appear to have mixed up plans for the Central Borders Innovation Park - where there is a business case of sorts - with the plans for the purchase of Lowood."

And the expert added: "The Ryden report does many things - especially estimating possible infrastructure costs, as well as speculating about possible development approaches. But the Ryden report does not explicitly take one specific, intended, development scenario and elaborate the equation  as well as elaborating timescales and all the risks. That is what a developer would want to see as a business case."

Letters from Sir Walter's banker surface after 200 years

SPECIAL FEATURE ON A FASCINATING LEGAL HISTORY PROJECT

A sizeable cache of letters written by a Scottish Borders lawyer in the first half of the Nineteenth Century is helping academics to uncover valuable new information about life in South-east Scotland between 1820 and 1840, an era of prolific social and industrial change.

Correspondence written by and to George Craig, a writer to the signet, banker and insurance agent whose clients included the author Sir Walter Scott and members of the Scottish Borders gentry was found in a cupboard at the Galashiels law firm of Iain Smith & Partners.

These rare hand-written survivors have become the subject of a research project headed by John Finlay, Professor of Scots Law at Glasgow University in collaboration with archivists at Scottish Borders Council which is now custodian of the so-called letter books. The paperwork from Craig's clients and contacts, adds to the collection's historic significance.

The letters are being studied and interpreted before being published online, and Professor Finlay will visit George Craig's home town of Galashiels in January to present a paper on his research to members of the Old Gala Club.

Then, in May 2023, Edinburgh University Press plan to publish a book by the professor entitled George Craig of Galashiels: The Life and Work of a Nineteenth Century Lawyer. 

Craig (1783-1853) was baron bailie of Galashiels and estate factor to John Scott of Gala (1790-1840), the eight laird of Galashiels. A baron-bailie was a magistrate appointed by the lord superior in a burgh of barony who acted as the ruling power in the absence of the local laird.

The recently discovered letter books span the years 1821 to 1840, and cover Craig's activities as a writer (law agent), banker, insurance agent, baron bailie and notary public. He worked as a sole practitioner until he took on, as his partner, William Rutherford from Jedburgh, who later became the first chief magistrate of Galashiels.

Topics covered in the letters include sheep farming, local disputes, and emigration from the Borders to New South Wales and the Americas.

Professor Finlay told us: "It is not obvious from looking at them [the letters] that they are connected to Craig, since his name very rarely appears, but there is no doubt that they are his. Having identified them, the task was then to find out more about Craig – internal evidence from the letter books is the best source, since surviving examples of letters from Craig or those working for him seem to be fairly limited in number."

He said he had looked at quite a few lawyers’ letter books but the breadth of Craig’s correspondence was unusual. There was a lot of detail about working arrangements for weavers, for instance, because Craig was an insurance agent and arranged to insure their properties.

"Some of his major clients, for whom he acted as land agent, lived at a distance and that means the correspondence is particularly regular and detailed. This includes individuals such as George Fairholme of Greenknowe, John Scott of Gala, and Professor Alexander Monro of Craiglockhart and Cockburn. Since he was also a bank agent, Craig’s letters have a very strong slant towards banking matters. While lots of law agents were also bank agents, this is the only set of letter books I have seen from someone who operated in both capacities. This means that there is a lot of information about local fairs and the day-to-day routine of local banking."

Professor Finlay had been previously aware of a number of Borders lawyers, particularly in Kelso and Selkirk, but also in Hawick, Jedburgh, Peebles and elsewhere. The letters would add to our knowledge of them quite significantly. 

"They also include some (limited) information about characters like James Hogg and Sir Walter Scott. What letter books offer, above collections of individual letters which archives tend to hold, is continuity and the possibility of getting to understand the development of particular relationships over time. Craig’s letter books cover nearly 20 years and he conducted correspondence with some individuals across the entirety of that time, so it is possible to pick up a lot of detail about working relationships."

According to the project website: "In literary and intellectual terms, Craig lived in the Romantic Era He thought he lived in ‘the age of adventure’ and he spent much of his time traversing the Borders. He also superintended Gala House on behalf of John Scott, the laird of Gala whose factor he was."

During the period covered by Craig's letters the Scottish Borders suffered serious depopulation as desperate members of the local farming community left the region in a bid to better themselves in Australia or North America.

One of the most interesting pieces of correspondence is a letter from John Horsburgh, a penniless tenant farmer at Caddonhead on the Torwoodlee Estate near Galashiels.

Horsburgh is seeking advice by contacting eminent people to see if he can land a job in New South Wales or Van Diemen's Land [now Tasmania] even though he cannot afford the fare.

The project's website explains: "He wanted to leave because of the ‘peculiarly hard times the farmer has experienced for years past in this country’, a refence to land improvement and development of new agricultural techniques over the previous generation, such as better drainage, crop rotation, enclosure of land, improved machinery, better animal feed, leading to improved efficiency resulting in less need for as many tenant farmers as there had been in the past."

The Glasgow University web page featuring 'George Craig of Gala' can be found here:

www.gla.ac.uk/schools/law/research/themes/legalhistoryatglasgow/engagement/georgecraigofgala/

Rest easy, my dear old friend

PERSONAL MEMORIES OF AN EXTREMELY FINE INDIVIDUAL

I first encountered Fordyce Maxwell in 1956 when, aged eleven, and both of us sporting short trousers we travelled with trepidation on the school bus for our first day at Berwick Grammar, a seat of learning where assaults by pupils and brutality by some teachers formed part of the curriculum.

Fordyce's death earlier this month robbed me of a lifelong friend and a revered colleague. I'm left with a hoard of memories collected over the course of 66 years.

Those memories were uppermost in my mind today when we gathered to say farewell to an all-round good guy who faced death with the same stoicism that marked him out all through his 77 years. The huge turnout of folks wishing to pay their respects spoke volumes.

But for now let us return to that day we met on the school charabanc. 

Fordyce and I had both enjoyed our early schooling in the relatively tranquil village primaries of Cornhill and Norham even though the post-war school dinners left much to be desired. It was here where largely benign tutors treated us firmly but fairly, and prepared us for the ghastly Eleven Plus (11+) exam. 

Those of us who passed - scraped through after a recount in my case - were said to have avoided the trapdoor which led to life in a Secondary Modern by qualifying for a grammar school education. But I have my doubts to this day. 

The testing system was extremely unfair on those kids who failed to perform to their true potential on just a single day in the school year. I witnessed some being almost physically sick as they stared blankly at the test paper for they could not cope with the pressure of the examination despite their abilities. Thankfully, many of the so-called 'failures' went on to achieve in later life.

On a windswept September day back in '56 the two of us and the rest of that year's new intake passed through the gates of BGS on our way to an introductory helping of physical torture. For the path to the main block was lined by much bigger boys armed with coshes made from knotted handkerchiefs.

Soon blows rained down on our heads from all directions, and we were branded 'coward' if we tried to shield our skulls by raising our arms. Our school caps - part of the compulsory BGS uniform - offered little protection from the treatment being dished out to us first formers.

Apparently this form of sadistic sport was tolerated by the school management because it was regarded as a 'traditional initiation'. I'm convinced some of those hankies were fortified with nuts and bolts or marbles to magnify our pain.

I recall Fordyce suffering the ordeal with courage and fortitude while I burst into tears. The same morning ritual was to continue throughout that first week until the perpetrators - supposedly North Northumberland's finest -  eventually tired of their horrible game and allowed us free passage. I just wished I'd failed the exam!

It wasn't long before a few of the teachers replaced our fellow pupils as our tormentors. Where was Health & Safety when you needed them?

It cannot have been right that youngsters like us were the recipients of physical violence from Mr Sharp, Mr Brady or Mr Bligh, often for the most paltry of misdemeanours. Our heads were once more often targets for their indiscriminate blows which they dished out with obvious relish.

Thankfully we survived to tell the tale. But had that trio been teaching nowadays they would certainly have been struck off or prosecuted.

My friendship with classmate Fordyce flourished as we progressed through the school. In the summer holidays I'd cycle from my home up to Cramond Hill, the farm where the Maxwell clan - Fordyce eventually had eight siblings - were in residence. In those days the sun always shone, and we made the most of the weather to indulge in endless games of football or cricket.

The sports field at BGS was my favourite school haunt. So, it was always disappointing when, during particularly inclement weather our PE teacher, the aforementioned  Mr Bligh - a man of few words - would announce "Pitch Unfit, Match Off".

But while most members of the class were happy to settle for a couple of hours cooped up indoors, Fordyce and I would seek permission to set out on a cross country run across Berwick through the driving rain. We would return soaked to the skin before the bus journey home. Anything was preferable to extra academic study!

I couldn't wait to leave BGS in 1961 after somehow managing to land a job as a trainee newspaper reporter in Berwick. But the two of us promised to keep in touch.

Soon I met up with Fordyce again when we both played at right fullback for Wark FC; he was a tough tackling regular in the first eleven while I plied my limited and much more timid skills in the Reserves. It was commonplace in the 1960s for tiny villages like Wark to field two full teams each weekend. Just as well, otherwise I wouldn't have got a game.

We parted company again when I left the Borders to work for The Scotsman. But it wasn't long before Fordyce joined the paper too, and later he became its distinguished and award winning Farming Editor. It seemed we were destined to get in each other's hair all through life, and I'm extremely glad that we did.

For many years we met up for Saturday afternoon therapy sessions at Shielfield Park where we got rid of the working week's frustrations by cheering or (more often) cursing our much loved Berwick Rangers. Fordyce even managed to persuade his son Tom to become a Wee Rangers addict.

I was particularly touched that when I ended my Scotsman career early due to ill health Fordyce penned a flattering and totally undeserved tribute which appeared in the paper. His writing skills, like his prowess at soccer, outshone mine by a country mile.

We had maintained our friendship long into retirement, and I was devastated when Fordyce told me a few months ago that he would not recover from the prostate cancer that had blighted him for the previous couple of years.

Our last emotional exchange of emails clearly demonstrated that his bravery and inner calm remained with him right to the end. I can never recall a time when Fordyce appeared flustered, even in the most trying of circumstances.

Since his passing the generous tributes have flowed in from near and far, from the farming community which was the subject for many of his published articles, and from the world of journalism where he was something of a colossus.

As far as I'm concerned I count it an honour and a privilege to have had Fordyce Maxwell as a dear friend for virtually all of my life.

B.C.