Borders council's share of £13.2 billion funding package

by DOUG COLLIE

Provisional allocations of Scottish Government funding for the country's 32 local authorities were being circulated as Scottish Borders Council invited the public to submit suggestions for next year's revenue expenditure, including how to trim £10 million from the outline budget for 2023/24.

The new municipal settlement for the next financial year is set out in a Local Government circular which will form the basis for consultation between government and the Convention of Scottish Local Authorities [COSLA] which represents the councils.

In the case of Scottish Borders Council, the table of figures estimates total expenditure of £308.765 million on local government services. The equivalent figure for 2022/23 was £309 million.

There is a noticeable difference under the heading Updated Service Provision; the figure quoted for 2023/24 is £279.6 million compared to £288.919 million in the current financial year.

Councils rely on the Scottish Government for about 80 per cent of their funding. Councillors in the Borders are responsible for a five-year revenue budget of around £1.7 billion and a 10-year capital budget of almost £550million.

The new circular shows SBC will require £11.915 million to cover advances from the Public Works Loans Board, and to cover the costs associated with Public Private Partnership (PPP) school building projects in Earlston, Duns and Eyemouth. Overall, loan charges cost the council £12.405 million in 2022/23.

The region's council taxpayers are expected to contribute £48.689 million to the overall budget (£48.476 million currently). And General Revenue Funding from the government is likely to be £208.152 million...a decrease from the 2022/23 figure of £210.218 million.

The comparative total revenue funding available to SBC is expected to be £260.076 million next year against £260.529 million this year.

Total capital grants in 2023/24 will be £23.983 million with a further £507,000 for developments linked to cycling and walking. In addition, a flooding allocation of £7.847 million will meet the cost of the Hawick Flood Protection Scheme.

The various sets of figures contained within the settlement circular will be analysed and discussed by senior officers and councillors before next year's SBC budget is finalised in February.

However, there is unlikely to be any political wrangling between the Conservative-led administration and the other groups represented on the council, including the Scottish National Party.

In a highly unusual move all of the groups have agreed to work together to produce a 'united' budget.

A news release issued by SBC has the following quote from its leader Councillor Euan Jardine: "“With every Borders household facing financial pressures this is no time for your local Councillors to be playing party politics and I am really pleased that our colleagues from across SBC’s political groups have joined together with the aim of developing a single budget proposal that we can all sign up to in February next year."

Meanwhile, Councillor Elaine Thornton-Nicol who leads the SNP 'opposition' declared: "The Council’s Administration has made a commitment to work with all the political groups and independent Councillors to develop a budget plan and I welcome that opportunity to collaborate on one of the areas that truly impacts on every person living and working here."

Last year's budget consultation elicited over 750 responses from local residents.

Anyone accessing the online consultation form this time round is told: "The current rate of inflation is also having a significant impact on the Council's finances, in the same way that it is affecting household budgeting, with the costs of items and materials rapidly rising. This impacts on project costs, such as building new schools, right through to the cost of day-to-day items, such as ingredients for school and care home catering."

Borders culture takes a COVID hammering

by DOUGLAS SHEPHERD

The Scottish Borders' main provider of sports, leisure, and cultural services which is already having to cope with annual reductions in its management fee from the local authority, has published a set of  striking statistics showing how COVID-19 has decimated participation and membership. 

Live Borders, the charitable trust set up to take over the running of sports and leisure facilities from Scottish Borders Council in 2003 warn in their annual report for 2021/22  it will be months, if not years, before customer numbers return to pre-pandemic levels.

In 2019/20, before COVID struck, the number of participations/visits to sporting facilities totalled 1,261,019. But during the last financial year that number slumped to 705,907. That represents a 44 per cent drop over two years.

The decline in so-called culture visits to museums, libraries etc. was even more marked.

This sector clocked up 448,317 visits in 2019/20, but a mere 182,954 in 2021/22. The catastrophic fall in numbers works out at 59 per cent.

The data in the report and accounts also reveals how sports membership was cut from 6,107 to 3990 (34.6%) over the two years. In the same period active users of libraries dropped from 15,593 to 7,363 or 52.7%.

Live Borders' objectives include "expand levels of participation and access for all".

The report says that in 2021/22 the trust invested £10.7 million in "delivering safe, fun, educational and accessible cultural, physical activity and sport facilities and services to the communities in the Scottish Borders".

Following the COVID-19 restrictions all of the charity's services restarted by August 2021. But the trustees state "Participation numbers remain below pre-pandemic levels across all services. During March 2022 Live Borders paid sports membership was at 63% of the pre-pandemic level, with visitors (physical and digital) to libraries at 37%".

This downward spiral of customers had financial consequences with the cost per visit in each sector increasing significantly.

Each visit linked to sport cost Live Borders £7.16p in 2019/20. The equivalent figure for 2021/2022 was £10.87p. Meanwhile, each visit to libraries increased from £3.41p to £7.71 in the same period. And  in the case of museums, the rise in costs per visit was astronomical from £7.12p to £28.66p.

The management agreement between Live Borders and Scottish Borders Council means the annual fee paid by the local authority now diminishes by five per cent per annum.

"In 2021/22 SBC paid £5.06 million (2020/21 £5.2 million) in management fee to Live Borders. The fee for the next two years has been set to reduce by £251,000 per annum. Live Borders are required to fund all budgetary pressures, and continue to discuss the potential impact of these pressures with SBC".

The management fee was cut by £153,000 last year.

Live Borders' portfolio includes 13 sports facilities, among them six swimming pools; three sports halls, six libraries; 11 museums; 14 community halls; ten community centres; and a multi-function cinema, theatre and office complex.

The trust has also been tasked with running the recently opened Great Tapestry of Scotland gallery in Galashiels where visitor numbers in the first twelve months totalled 24,000 - less than half the predicted 51,000. The visitor attraction also suffered badly as a result of COVID-19.

Scottish Borders to get a "world's first"

by EWAN LAMB

Tens of millions of pounds will be invested in a three-acre Berwickshire field as global efforts continue to counter electricity shortages and reduce carbon emissions via advanced technology.

A planning application was lodged with Scottish Borders Council on Thursday seeking permission for the so-called Eccles BESS [Battery Energy Storage System] alongside Scottish Power's electricity sub-station near the village of Eccles.

The Borders project is one of three to be constructed in Scotland. The other two are planned for Blackhillock, Kincardine, and Hunterston, Kilmarnock, and will involve a total investment of  £750 million or $892 million.

Each battery within the BESS stores generated electricity drawn from the National Grid, and will then regenerate the stored fuel when required for delivery back to the grid.

The Eccles project is designed to provide a 50 megawatt battery energy store system.

A design and access report accompanying the planning application to SBC claims the BESS is essential to enable transition to low carbon/renewable energy which tends to be intermittent and prone to fluctuation.

The facility is expected to have a construction period of 16 months. After it goes 'live' at the beginning of 2026 the Eccles system will be unmanned and controlled remotely.

According to international specialist firm Zenobe these will be "the first commercial contracts in the world to use transmission connected batteries to provide short circuit level and inertia".

Between them, the three Scottish storage systems are expected to reduce carbon dioxide emissions by more than 13 million tonnes during their 15-year operational lifespan.

The design report from SLR Consulting who are promoting the planning application says: "Electricity in the UK has historically been generated in large, centralised power plants. However, as the country transitions to a low carbon economy and strives towards net zero, these older technologies are increasingly being replaced by renewable energy such as wind turbines and solar farms. These technologies, whilst low carbon, are not dispatchable power sources."

The proposed development will support the flexible operation of the National Grid and decarbonisation of electricity supply. It would be on standby to provide services like reactive power and frequency response to National Grid, enhancing control and flexibility. 

"The battery can be fully discharged or can be operated intermittently for rapid deployment as and when required to keep the electricity network stable by balancing supply and demand. The battery will also enhance the capability of storing excess energy from wind generation at times when demand is low or wind is high – for instance at night and released at time of high demand and lower wind 

"The proposed development would import and export electricity but would not generate any additional electricity. The proposed batteries would store electricity that is generated by renewable sources, to be fed into the grid when required and would reduce fluctuations, thus improving stability and reducing the risk of power failures."

New housing on greenfield land to be Borders norm

BORDERS LOCAL DEVELOPMENT PLAN EXAMINATION

by LESTER CROSS

Eighty per cent of the established housing land supply in the Scottish Borders is classified as "greenfield" with the remainder currently accommodating so-called brownfield sites - in sharp contrast to the aims of revised national planning policy which strongly promotes the re-use of derelict plots and empty buildings.

But, in a submission to Scottish Government planning reporters who are examining the region's Local Development Plan (LDP), council planners claim the overwhelming emphasis on greenfield housing sites is unavoidable in a rural area with its limited supply of brownfield available for redevelopment.

The largest single greenfield development locally will be the construction of at least 300 houses plus infrastructure and commercial facilities on the 110-acres Lowood estate, near Melrose which the local authority purchased for £11 million four years ago.

As part of investigations into the many unresolved items in the new LDP, reporters issued a request for further information about the Lowood proposals which amount to a sizeable extension of Tweedbank village. The written response has been published this week.

SBC sets out its position on specific issues including the landscape impact and woodland protection as well as the possible affect to the River Tweed Special Area of Conservation (SAC).

The reasons for the lion's share of future housebuilding on greenfield sites is discussed in considerable detail with figures showing 6,625 housing units on undeveloped land and only 1,655 earmarked for brownfield.

The National Planning Policy, part of Revised Draft NPF4 states: " Development proposals that will result in the sustainable reuse of brownfield land including vacant and derelict land and buildings, whether permanent or temporary, will be supported. In determining whether the reuse is sustainable, the biodiversity value of brownfield land which has naturalised should be taken into account. b) Proposals on greenfield sites will not be supported unless the site has been allocated for development or the proposal is explicitly supported by policies in the LDP."

SBC has told the Government reporters that "The Council’s Housing Land Audit 2020 confirms that the total established land supply on brownfield sites is 1,655 units and 6,625 units on greenfield sites in the Scottish Borders, this includes sites of 5 units and over. 80% of the established land supply on large sites is on greenfield land and 20% on brownfield land. This can be explained by the rural character of the Scottish Borders and the relatively tight boundaries of existing settlements."

The Council goes on to acknowledge the drive within the Revised Draft NPF4 for the development of brownfield land but highlights that there is a finite supply of brownfield sites across the Scottish Borders which could not accommodate large scale housing development necessary to meet the housing land requirements of the region. 

"Furthermore, the development of brownfield land is not always the most deliverable. Whilst a number of brownfield sites are monitored within the annual Vacant and Derelict Land Survey, these sites are not of a scale significant enough to accommodate a development of this scale (Lowood/Tweedbank), they are not always located within the most sustainable location and often are identified for other uses."

According to the Borders local government planning team Supplementary Planning Guidance [SPG] and Design Guide approved for Lowood confirm a number of strategic objectives for the development including that it will lead by example in implementing the Scottish Government’s and the Council’s commitments to the achievement of net zero carbon emissions and to facilitate the establishment of a responsible, resilient, forward-looking community which responds decisively to the challenges of climate change, employing state-of-art technologies and producing its own renewable energy.

"The council is satisfied that the strategic objectives of the SPG reflect the ethos of the spatial principles set out within the Revised Draft NPF4."

The submission points out that any impact of development at this site upon local infrastructure and service providers has been considered in great detail through the site assessment process. 

"Through the process of the preparation of the Proposed Plan, the NHS advised that they will require to review Tweedbank in terms of likely potential for development and current health service provision based on the size of the development/proportion of the local population that the development would represent. Whilst the Council will continue to discuss and communicate with the NHS as development proceeds, it is the NHS’s responsibility to provide sufficient healthcare to the community."

Development of Lowood is expected to commence within the eastern portion of the site, initially serving the business zones, where funding has been secured through the Edinburgh and South East Region City Deal. 

"The Council would refute the assertion that ‘it is clear from the draft SPG that the predominant mode of access will be by way of car and motor vehicles. This site is undoubtedly one of the most sustainable locations for development in the Scottish Borders due to its location at the terminus of the Borders Railway line with links to alternative modes of transport including public transport, paths and cycle ways. 

"The Scottish Borders is a rural authority and there will always be reliance on the car as a mode of transport to a certain extent. However, the site in question is highly sustainable in terms of access to alternative transport modes which will significantly reduce this reliance. Overall, it is considered that the site offers a strategic opportunity due to its immediate proximity to the railway terminus and its location within the Central Borders. The continued allocation of this mixed use site is therefore sought into the forthcoming LDP. The Council remains of the view that this is an effective and deliverable site which should remain within the Local Development Plan."

The target date for completion of the Borders LDP examination is given as May 2023.

Borders "workforce" shrinks by 9,000 thanks to COVID

SPECIAL FEATURE ON JOBS AND SKILL SHORTAGES

The number of people in employment in the Scottish Borders slumped by an alarming 18.8 per cent (9,300) between 2019 and 2021 as a result of the pandemic, according to the latest assessment of the region's skills needs for the immediate and long-term future. The equivalent figure for Scotland as a whole was just 2.2 per cent.

And the Skills Development Scotland (SDS) report reveals that the industries in the region with the greatest contraction of economic output between 2019 and 2021 were Accommodation and Food Service (-26.5 per cent) and Arts, Entertainment and Recreation (-21.3 per cent).

Prior to the pandemic, employment in the region decreased by 3.1 per cent from 2012 to 2019 (-1,600 people). This compares with 7.1 per cent growth across Scotland over the same period. From 2019 to 2021 the number of people employed in the region was estimated to have declined by 9,300, from 49,200 to 39,900.

These statistics will have far reaching consequences for those tasked with ensuring a regional workforce with productivity levels large enough to sustain the local economy in the face of an ever-aging population. The assessment report includes details of initiatives already being taken in a bid to guarantee a supply of skills for employers over the next ten years.

Current economic performance figures outline Borders Gross Value Added (GVA) - the measure of the value of goods and services produced in an area and an indicator of the economy’s health. In 2022, GVA was forecast to be £2,483m in the Borders, 1.6 per cent of Scotland’s output (£150,611). This share of GVA ranks the Borders in the lower third of RSA [Regional Skills Assessment] regions for GVA contribution to the Scottish economy.

Pre-pandemic, between 2012 and 2019 the region’s economic output, measured by GVA, grew by 2.1 per cent on average each year. This was a faster rate of growth than Scotland, which over the same period experienced a 1.6 per cent growth on average each year. Between 2019 and 2020, the region’s economy contracted sharply as measures were taken across Scotland and the UK to limit the spread of COVID-19.

The SDS assessment also points out: "Productivity is the measure of goods and services produced per unit of labour input. In 2022, productivity in the Borders was forecast to be £50,100. This was lower than the Scottish average of £54,100."

Figures for current employment show the following: "Total employment in the Borders (measured by people) was estimated to be 39,900 in 2022, 1.5 per cent of Scottish employment. This share of total employment ranks the Borders in the lower third of RSA regions. 

"In 2022, 27,600 people (69.2 per cent) were in full-time jobs in the Borders. This was a lower percentage share compared to Scotland where 74.6 per cent of people were in full-time employment. Part-time employment accounted for a higher percentage share of employment in the region compared to Scotland, 30.8 per cent compared to 25.4 per cent. Overall, there were 12,300 people in parttime employment in the Borders."

So far as future employment is concerned, in the mid-term (2022-2025) the number of people in employment is forecast to grow by 600 in the region. Across Scotland the number of people in employment is also forecast to increase. Whilst positive, this growth will not fully replace jobs lost in the region as a result of the pandemic.

In 2022, Human Health and Social Work was the largest employing industry in the region. This industry accounted for 9,000 people or 22.5 per cent of the workforce. Wholesale and Retail Trade was the second largest with a total of 4,700 people or 11.9 per cent of the workforce. These industries are forecast to remain the main employers in the Borders in 2025 and 2032.

The greatest employment growth is forecast in Human Health and Social Work, with 200 more people expected to be working in the industry by 2025, followed by Accommodation and Food Service and Wholesale and Retail Trade (both with 100 more people). However, not all industries in the region are forecast to grow in the mid-term. Education is forecast to have the greatest employment contraction with 100 fewer people in employment in 2025. 

Manufacturing is forecast to have a decline of 100 people over the same period. This reflects the general trend of more capital intensive and higher value-added activity in the sector, which requires less labour-intensive methods. 

From 2025 to 2032, Human Health and Social Work is forecast to have the greatest employment growth with 400 more people working in the industry. 

According to the assessment: "Growth in Human Health and Social Work is driven by Scotland’s ageing population, along with the aim to protect the provision of frontline services. Other industries forecast to grow over the long-term are Professional, Scientific and Technical (200 people), and Construction (100 people). 

"The mid-term contraction in Manufacturing is forecast to continue over the long-term as the adoption of new technologies and production methods continues and the industry produces more but with fewer workers. The industry with the greatest contraction. over the long-term is forecast to be Manufacturing (-600 people)."

The majority of "job openings" between 2022 and 2025 will be to replace those retiring from the workforce 

In the Borders, 5,200 job openings are forecast from 2022 to 2025. The replacement requirement is estimated at 4,600 people on top of the 600 extra jobs. Job openings are expected to be concentrated in a small number of industries, with four industries in the Borders forecast to account for 3,000 (58.2 per cent) of the requirement. These are: Human Health and Social Work: 1,000 people; Wholesale and Retail Trade: 900 people; Agriculture, Forestry and Fishing: 600 people; Accommodation and Food Service: 500 people.

Moving on to the longer term (2025-2032) the report claims predictions for these years highlight that jobs growth should continue in the Borders.

"However, it is expected that there could be an ongoing requirement for skilled people to fill opportunities created by people leaving the labour market. This feature of the labour market, known as the replacement requirement, is a symptom of the demographic change strategic driver. In the Borders, 11,400 job openings are forecast from 2025 to 2032."

The same four industrial categories will require the lion's share of new or replacement workers.

"Job openings are expected to be concentrated in a small number of industries, with four industries in the Borders forecast to account for 6,500 (56.9 per cent) of the requirement. These are: Human Health and Social Work: 2,100 people; Wholesale and Retail Trade: 2,000 people; Agriculture, Forestry and Fishing: 1,400 people; Accommodation and Food Service: 1,000 people."

  

 

 

Blot on the Landscape? Not really, says Council

by EWAN LAMB

The construction of roads, pavements, street lighting and other infrastructure to facilitate the development of hundreds of houses on a beautiful Borders country estate will have a "negligible to neutral" impact on the wider landscape, according to an assessment prepared for the local authority.

Scottish Borders Council is currently asking its own planning department for permission to kick start their controversial proposals at Lowood, the estate purchased by SBC for around £11 million four years ago. Opponents say the multi-million pound project to extend Tweedbank village is economically unviable, and represents a threat to the local environment.

As part of the planning process the local authority has submitted a so-called Landscape and Visual Appraisal (LVA) although officers claim there is no requirement for an Environmental Impact Assessment because of the restricted size of the area to be used for the first phase of earthworks and roadworks.

The LVA, now available on the planning department's website, seeks to identify the effects of construction work on the Lowood estate.

The 22-page document explains: " The arrangement of woodland belts, trees and meadows framing views of distant hills with glimpses through the open pasture to pond and river together create a tranquil, harmonious and picturesque ‘rural’ landscape with a strong sense of enclosure.  

"The proposed development would introduce areas of new hard construction into this previously undeveloped landscape, providing road infrastructure for future mixed use development within the estate.  Footpath and road networks will connect the estate physically to Tweedbank commercial area, the railway station and Tweedbank settlement immediately to the south.  Greater visual connection will be created through the southern point of access in the boundary wall reducing the sense of enclosure to some extent."

It is claimed that in general due to the levels of containment and landform the site has a relatively limited 'visual envelope' both locally and from a distance.  The greatest potential visibility will be in close proximity to the site within the parkland itself, adjacent to the site entrance and for a short distance from across the River Tweed to the north east. 

The assessment considered the likely impact of development from a number of viewpoints on the estate itself and in the surrounding area. In a number of cases the effects are recorded as negligible.

However, when it came to viewpoint number four - close to Lowood driveway entrance - the impact was judged in the following way: " The development will be in a large part of the view, seen in close association with the existing estate drive introducing a ‘developed’ appearance to the landscape and having a high negative effect on the quality and tranquillity of the parkland landscape and this attractive approach.  

"Once operational the new route will introduce vehicular traffic on a regular basis.  The site will become the focus of attention, negatively impacting on the sense of concealment and surprise as the view opens out into the estate at this location and the perception of a harmonious picturesque landscape will be reduced."

According to the LVA the overall the scale of visual effect on viewpoint four could be judged as high with an increase in effects at night and in low light levels when car headlights and street lights are switched on.  Although hedgerow and tree planting will reduce the visual effects a little the overall scale of visual effect would be likely to remain high. 

 Under a heading Landscape Resource, the report says: "The landscape is assessed to have a high susceptibility to the kind of change proposed as the development is uncharacteristic of the baseline situation.  However the changes are not of a scale or nature that would cause notable impact on landscape resources on a regional or national scale and although the development would fundamentally change the appearance and nature of the site it would not cause a notable change in the wider landscape character of the study area.

"Overall the proposal would have a medium degree of effect on the character at the local scales and a negligible to neutral effect on the wider landscape character."

The document includes a comprehensive list of mitigating measures aimed at lessening the overall impact of development.

These are:

•             Sweeping nature of road in the views through the parkland, reflecting the organic nature of the parkland character and avoiding the mature parkland trees wherever possible.

•             Positioning of the proposed road against the wooded backdrop to the rear of views, away from the river Tweed and Borders Abbey Way to limit dominance of the road from sensitive viewpoints.

•             ‘Low key’ road design reflecting the existing estate road character and minimising prominence in views by avoiding a heavily engineered approach; using minimum road width; limiting use of road kerbs to site entrance only and creating ‘soft’ road edges of grass verges.

•             Protection of the historic containment features of woodland belts and the stonewall boundary feature as much as possible to retain the limited visual envelope of and the enclosed character of the parkland.

•             Retention of the historic driveway to Lowood house providing a safe, attractive and more ‘tranquil’ pedestrian and cycle route through the parkland separated from traffic with safe access to the new road link.

•             Hedge planting to screen pedestrians and cyclists from noise and air pollution and to reduce visual intrusion of the road development from views to the north.

•             Retention of individual mature parkland trees wherever possible and new plantings of individual/small groups of parkland trees to enhance the setting and provide successional planting within the designed landscape.

•             New planting of native hedgerow along the east and northern edge of the route

•             To soften the impact of the road in views, reduce traffic dominance and provide an element of separation between the more ‘developed’ new road and the existing ‘rural’ estate road.

•             New areas of verge and wildflower meadow mix associated with the road embankments, swales and disturbed ground to minimise visual impact and heavy engineering and provide nature based solutions to drainage.

•             New areas of predominantly native shrub, perennial planting and wildflower grass areas associated with embankments water bodies and swales to improve biodiversity and integration of the proposals into the landscape.

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. 

Pros and cons of Borders council's £10 million estate deal revealed

CONTINUING OUR COVERAGE OF THE PURCHASE OF LOWOOD ESTATE

The members of Scottish Borders Council who sanctioned the £9.7 million deal to acquire the Lowood country estate in 2018 did so without being told how the subsequent £203 million needed for a Tweedbank village extension would be paid for.

But councillors did have before them a detailed confidential report from consultants which listed weaknesses, risks and threats as well as advantages and opportunities associated with the impending transaction with Lowood's owners.

Now, a copy of that document has been released by the local authority four years after the estate's purchase, and in response to questions posed by Not Just Sheep & Rugby. 

The report from specialists Ryden and Turner & Townsend was deemed commercially sensitive by the council when it was produced in May 2018. All local authority discussions linked to the Lowood deal were conducted in private.

There were a number of warnings outlined by the consultants including this one on viability for housebuilders: "There is likely to still be a considerable amount of work to be done to convince a volume builder that this postcode area is one where they should commit their attention at the present time. We recognise, however, that the Council are taking a much longer term view."

And commenting on the regional residential development market the appraisal team noted "The appetite from house builders within the Scottish Borders has been relatively muted in recent years with little interest from the large volume builders."

So far as the industrial development market was concerned, the report pointed out: "There has been very little speculative or new industrial development within the Scottish Borders in recent years. A majority of activity is associated with buildings constructed from the 1970s onwards with average transactions relating to accommodation below 500 square metres. Scottish Borders Council themselves are a significant landlord and the Central Borders has been where a majority of activity has been associated. Much of the activity relates to relatively short term lease arrangements of small units."

On the flip side, under a section headed Opportunities the appraisal says: " The larger Tweedbank expansion offers an opportunity to deliver a new settlement and unlock employment land opportunities over the medium to longer term. This would be aligned to infrastructure investment with the opening of the Borders Railway.

"Improved infrastructure associated with the Borders Railway may lead to increased developer confidence which may magnify as the destination becomes more established / mature and further complementary infrastructure is provided, thus seeking to attract a greater proportion of the target market to relocate into an area."

In drawing attention to a number of weaknesses linked to the proposed purchase and development of Lowood, the consultants wrote "At the present time, mainstream house builders remain selective in terms of postcodes and settlements and have continued to focus on existing legacy and land banked land parcels with acquisitions tending to be in established locations. 

"There is a recognition at this point in time that the private sector is unlikely to commit speculatively in major volumes within the Scottish Borders. A majority of established house builders continue to focus upon their existing land banked and legacy sites. There has not been particular evidence of these organisations venturing into the Scottish Borders as yet."

The newly released paperwork confirms that infrastructure costs to develop Lowood were estimated at £13.7 million (2017 prices), and at that stage it was unclear whether the council would have to meet the full amount or if the burden would be shared with developers. Councillors were told: "Some or all of this infrastructure cost may be met by Scottish Borders Council in order to return development opportunities that are more attractive to the market."

And the report makes clear the land for housing included in the estate purchase would be developed over 20 or 30 years.

As the appraisal explained: "If the Council were to acquire the asset then this would represent a substantial commitment financially but would bring control in terms of density, mix, timing and phasing of future land releases. It must be recognised, however, that significant further investment will be required in terms of infrastructure, enabling works, etc with future capital receipts received on a phased basis over the longer term by bringing individual tranches of land to the developer market."

The total sum needed for the entire Tweedbank extension if a particular option was to be adopted is quoted as £219.156 million.

A council spokesperson told us: "The public report to Council on 20 December 2018 mentions that a financial model has been prepared and that for the overall Tweedbank Masterplan, this project would cost £203 million and would potentially generate £1.3 Billion of GVA [Gross Value Added] giving a £8:£1 benefit-to-cost ratio. No mention was made within this report of how this £203 million cost would be funded. The financial model was not published at this stage as an appendix to that report."

We were also told that in the public report to Council on 31 January 2019 the financial model for the City Region Deal was referred to within the body of the report and included as an appendix to the report. However, the financial model was restricted to the £29 million city region deal funding of projects in and around the Central Borders innovation park and did not repeat any reporting of the wider Masterplan programme.

The council statement added: "Officers are currently developing a report which will be considered by Council before 31 March 2023. This is likely to include revisions to the final business case in relation to Lowood to reflect current market conditions and inflationary impacts."

 

Council may seek extra funds for Lowood Estate development

SPECIAL FEATURE on a flagship Borders project lagging behind schedule

Four years after purchasing the remains of a country estate near Melrose for £9.7 million to accommodate housing and commercial development Scottish Borders Council has yet to order the bulldozers onto land at Lowood to start the costly process of installing infrastructure.

The first phase of a plan to build at least 300 houses as an extension to Tweedbank village has already slipped behind schedule from a timetable drawn up in 2019. A land audit predicted 30 homes would be completed in 2023, but that target will not now be met.

And it has emerged that a new business case may have to be assembled as part of an application to outside agencies for substantial sums needed for the construction of roads, utilities and bridges, and to pay for extensive earthworks and other basic essentials.

Not Just Sheep & Rugby submitted a list of questions to the local authority after noticing references to Lowood in SBC's recently published SHIP (Strategic Housing Investment Plan) which was considered by the influential Executive Committee in early October. 

According to page 46 of the SHIP: "“In December 2018, the Council purchased the Lowood Estate, Tweedbank. This the only Scottish Borders strategic housing site identified in the Borders Railway Corridor and in the Edinburgh and South-East Scotland City Region Deal.

"Following a public consultation exercise, revised and finalised Tweedbank Expansion Supplementary Planning Guidance and a Design Guide were agreed by Council in June 2021. These documents will frame future work to develop and agree a master plan for the development of the area, marketing strategy and inform the development of a funding and infrastructure investment phasing package to implement this.

"As the situation clarifies, the Council may need to develop a Business Case in order to seek to secure additional infrastructure funding via City Region Deal and Scottish Government processes, such as Housing Infrastructure Funding grant.”

Opponents of the estate purchase criticised the council for failing to publish a fully costed Business Case with infrastructure prices ahead of the deal.

However, our investigation has revealed that a 74-page document containing this vital information was considered by councillors in private during 2018 prior to the sale going through. A copy of that appraisal by consultants - deemed commercially sensitive at the time - has now been released to us.

The report from Ryden, and Turner & Townsend shows the Lowood infrastructure costs (at 2017 prices) totalled £13.7 million, including £1.5 million for a possible new road crossing over the Border Railway. At that time it was not clear whether SBC would have to shoulder the entire infrastructure bill or if the cost would be shared by developers. The price is likely to have risen considerably in the intervening four years.

As we reported previously, an agent for the council lodged a planning application with SBC's own planning authority seeking permission for the construction of infrastructure at Lowood to include earthworks, landscaping and roadworks.

But the planning process appears to have been in limbo for several months. Since June no new documents pertaining to Lowood have been posted on the authority's planning portal apart from a request for an update on the application from a senior planning officer.

When we asked the council about the lack of progress with their own application we were told: "The planning application for the initial infrastructure remains active and further progress is expected on this soon, linked with the delivery of a care village in Tweedbank."

The SHIP report notes: "The Council is developing a Final Business Case for a Care Village, and has lodged a Planning Application for the construction of a new access road, which could potentially be complete by February 2023." That also seems highly unlikely.

The 2019 Lowood housing timetable suggested 30 houses would be provided in 2023, a further 50 in 2024, 50 in 2025, 50 in 2026 and 120 "post seven years".

But the new SHIP has the first phase of 30 houses to be developed by Eildon Housing Association [EHA] now scheduled for 2025/26. A second phase by Eildon involving 25 new homes has become a so-called Potential Pipeline Development Project.

The plan explains: "Notwithstanding the ambition and drive to deliver as many new homes as possible it is inevitable that challenges and issues means that sometimes projects stall, or have to be removed from the programme."

When asked about apparent slippage to the EHA phasing at Lowood, the council told us: "The reason for the delay is that we need to construct the infrastructure to unlock access to sites for development. Regarding EHA’s ‘downgrading’, this is because a specific site has not been identified for this housing. This will be formalised as we progress discussions with developers."

SBC has also responded to the apparent implication in its SHIP that the local authority cannot afford the infrastructure costs associated with the Tweedbank expansion which will need total expenditure of over £200 million if the original Masterplan is to be implemented in its entirety.

The detailed statement from the council stated: "Officers are currently developing a report which will be considered by Council before 31 March 2023. This is likely to include revisions to the final business case in relation to Lowood to reflect current market conditions and inflationary impacts.

"It was expected at the time of the purchase (of the estate) 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."

We also asked for details of the costs incurred since 2018 on servicing the Lowood purchase, and the amount spent on the upkeep of the estate which includes a substantial country house.

According to SBC: "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."

When the ownership of Lowood transferred to the council it was announced that SBC would enlist a development partner to take forward the ambitious proposals. But so far a partner has not been identified.

In response to a question about any potential partnership being forged, the authority told us: "Soft market testing has been undertaken over the Summer 2022 and it is likely that a recommendation to progress procurement action will form part of the report due to come to Council."

Knitwear industry skills void following short-lived training venture

by EWAN LAMB

The Californian-based academic who recently assessed the prospects for the Scottish Borders woollen industry claims increased public support for 'skills formation' within the trade is imperative following the premature closure of Hawick's Centre of Excellence in Textiles.

When plans for the short-lived project were announced in 2018 - backed by a £610,000 financial package from the Scottish Government - its promoters, South of Scotland Enterprise [SOSE], Scottish Borders Council and a number of national agencies said it would "provide industry-specific training for both the current and future workforce."

According to Councillor Mark Rowley, then SBC's executive member for business and economic development: “This initiative will address business critical issues in the local textiles and knitwear sector and provide a stream of skilled young workers across all roles, enabling the world renowned Borders businesses in this sector to address succession planning issues and reduce or remove the need to send work overseas."

But following its 2019 opening the Centre of Excellence's activities were hit by the impact of the COVID pandemic, and it was forced to close in 2020. Additional proposals for a textile innovation centre and showcase and marketing facilities for the local industry in addition to the training centre were never implemented.

SOSE's Board minutes for February 2021 recorded: ".Challenges around the Textiles Centre of Excellence were raised, and the lack of clarity on its funding. SOSE was still engaging in the project and were discussing the way forward."

In his comprehensive research paper which was reported on in these columns last week Professor Allen Scott wrote: "A very recent initiative in the guise of the South of Scotland Enterprise organization – established in 2020 with significant support from the Scottish government – may well play a positive role in the region’s future economic development in general though its relevance to the woollen industry in particular is unclear.

"Thus far, the organization’s record of aid on behalf of the industry appears mainly to consist of limited financial support to a few firms for machinery upgrading, and its ill-fated experience with the Centre of Excellence in Textiles.”

In response to our questions regarding the 'ill-fated' Centre of Excellence, a detailed joint statement was provided on behalf of SOSE and SBC.

We were told: “The Centre of Excellence in Textiles was a pilot project launched in Hawick in March 2019, funded by the Scottish Government and led by Scottish Borders Council, with support from a range of partners. The Centre aimed to provide critical business skills for the textile and knitwear industry in the Scottish Borders.

 “There was positive work carried out by the Centre in its one year of operation before the COVID-19 lockdown saw it close in March 2020".

According to the statement a total of 32 individuals took part in 16-week training courses, with six going on to gain employment in the industry.

• Two university students gained employment in the industry after taking part in 16 week training courses associated with the Centre
• A positive relationship was developed with Hawick High School, helping to provide its young people with practical skills, as noted by a 2020 HMIE report
• Three local companies used the Centre to deliver training to their employees.
• The Centre also delivered a sampling and production service for the local and wider Scottish industry. Clients included local and national companies and students.

The spokesman then explained: “However, there were also a series of significant challenges, most notably the COVID-19 lockdown which began in March 2020. Its impact included training for one cohort of students ending midway through.

 “As a result of these challenges, a decision was made by Scottish Borders Council to end the pilot project in September 2021, with the Centre not seen as sustainable in the current climate. As part of a review of the Centre, SOSE appointed a consultant with extensive experience in the textile and knitwear industry to fully analyse the industry in the region, and provide some fresh thinking.

 “Their analysis recommended a series of options to ensure critical business skills are provided for the industry. It emphasised the importance of the chosen option of support being:

• sustainable
• focussed on business needs
• drawing on existing expertise and infrastructure
• straightforward and flexible
• measurable

“One sustainable option highlighted by the consultant was the introduction of a bespoke training programme. The provision, provided locally, would aim to develop and deliver courses which meet the requirements of industry and promotes the career of textiles as an exciting possibility. This proposal is currently being explored with partners and it is hoped an announcement can be made in the coming weeks to confirm a way forward.”

 Finally, the statement pointed out that earlier this year, SBC decided to lease the current Centre of Excellence in Textiles building and equipment to a local knitwear firm. This decision supported a local employer and ensured the building and equipment remained in use. 

"It is worth repeating that the Centre of Excellence in Textiles was a pilot project and as a result it has provided vital knowledge and lessons which will assist the public sector to support the industry going forward."