Inadequate transport links hampering South's wellbeing

by EWAN LAMB

A strategy aimed at reducing "transport poverty" across the South of Scotland where roads are deteriorating, bus services are inadequate to meet rural needs and the electric vehicle (EV) charging network requires major investment has been recommended to civic leaders and national policy makers.

The transport issues and shortcomings which are said to be hampering economic growth and social wellbeing in the Scottish Borders and  Dumfries & Galloway were outlined in a major report considered by members of the Convention of the South of Scotland [COSS] this week.

According to the document: "This report seeks to make the case for establishing a collaborative, effective and productive partnership between Team South of Scotland, Transport Scotland and Scottish Government. This partnership would take joint, intentional, meaningful action that makes positive impact and progress in maximising the economic opportunities that contribute to addressing the distinct mobility challenges that rural economies face through policy, action and resource, making a reality the vision set out in the National Transport Strategy."

The region's demographics increase the challenges in providing adequate transport systems for local communities. Sparse population levels - less than half the national average - and a 20% decrease in spending on roads and transport since 2011 are among the factors compounding the situation.

As the report points out, spending cuts have led to 12% of the road network in Dumfries & Galloway being classed 'red' for condition and 35% amber, amongst the highest rates in Scotland.

The respective bus routes require 80% public subsidy in Borders and 55% in south-west Scotland. So far as so-called transport poverty is concerned, households in the south spend 18% of their income on transport compared to 9% in Edinburgh.

The report for COSS claims: "The proposed approach would address the specific challenges of the South of Scotland’s rural context, which is neither ‘island’ nor ‘urban’ and has historically found it more difficult to secure traction in national policy and practice."

The report invites the Convention to: reflect on the importance of transport to the success of the region, the challenges being faced, and the actions already being taken; and commit to engaging and supporting further work to develop solutions to the challenges, to identify tangible actions that can be taken to unlock the vision for transport in the region for discussion at its Spring 2025 meeting.

"Further investment in mobility infrastructure could enhance regional competitiveness, financial stability, and attract investment while reducing transport poverty. The South of Scotland’s low population density and rural expanse require a strong transport network to connect residents with essential services, employment, education, and social activities. 

"The region’s dispersed population makes public transport less efficient. Limited bus services and a lack of active travel infrastructure contribute to high transport poverty, reliance on private cars, and increased transport costs, particularly in rural areas. Making decisive progress in addressing these challenges provides the chance to address inequality and widen opportunities for people whatever their circumstances. A well-functioning transport system would support greater economic growth by facilitating business expansion and market access, which is crucial for building regional performance and resilience."

COSS is told that weak transport links and declining public transport services limit job access and investment opportunities. The region’s reliance on private cars and the limited viability of bus services exacerbates these challenges. Improving transport infrastructure is central to transformative regional changes, including projects under the Borderlands Inclusive Growth Deal and other funding initiatives. 

In a section covering EV charging, the report explains that both Local Authorities are proactively engaging in collaboration to deliver economies of scale for procurement and operation of a future expanded EV public charging network.

"However, we are conscious that the indicative funding allocation from Transport Scotland (EV Investment Fund) is less than 50% of the funding identified in the Scottish Futures Trust operational model. Through collaboration we are trying to maximise economies of scale for a future Charge Place Operator to deliver new public charging infrastructure as equitably as possible across our regional partnership, there is still a risk that our most remote communities will not be catered for without further public sector investment." 

And, it is suggested, there should be an increased role for the two ports which lie at each end of the sprawling region.

"Ports are a fundamental part of the transport system, and a crucial gateway to green growth for the South. Our key port assets at Eyemouth in the East and Cairnryan in the West enable the region to seize major economic opportunities such as offshore renewables investment, growth in transport of people and goods to the EU, import/export of green fuels as well as supporting fishing and tourism industries. There is considerable untapped potential which would contribute to Scotland’s future." 

Role of Ancrum's medieval bridge needs further study

by LESTER CROSS

When experts 'confirmed' that carbon dating of oak timbers recovered from the bed of the River Teviot showed the wood had been used in the construction of a bridge in around 1350, Historic Environment Scotland rightly hailed the discovery as being of great national importance.

After all, the bridge, close to the Borders village of Ancrum, appeared to date from the war-torn reigns of David II of Scotland and Edward III of England, and carried the so-called King's Way or Via Regia on its route from Edinburgh to Jedburgh.

But now, only four years after the carbon dating test results were produced by the Scottish Universities Environmental Research Centre in East Kilbride with a 1340-1360 construction date, a group of archaeological scientists using a newly developed and much more precise dating method have shown the Ancrum bridge oaks were, in fact, not felled until the winter of 1428/29.

Historians will now need to reassess the role played by the bridge in Scotland's past as it has now been proven the structure was put up in the less turbulent reigns of James I and Henry VI.

The findings from the follow-up research project, carried out by Darren Davies, Danny McCarroll and Neil Loader, from the Department of Geography at Swansea University has been published in great detail by the Journal of Archaeological Science.

The learned paper, produced along with Coralie Mills, explains that the discovery of bridge remains in the River Teviot in 2018 had been described as “one of the most exciting and significant archaeological discoveries in Scotland in recent years” (Historic Environment Scotland, 2020). The site is believed to have been an important, and at times possibly the only crossing point of the Teviot during the medieval period. As such,  the bridge would have assumed strategic, ecclesiastical and political importance.

Subsequent investigation and detailed surveys of the site by Ancrum & District Heritage Society and Wessex Archaeology identified that the bridge was constructed using “branders”; a process whereby a wooden frame is positioned in the river with stone or rubble placed upon it. This was the first record of this construction method being applied in Scotland. 

"The presence of timber preserved in situ provided an opportunity for dating the structure. During 2019 and 2020, seven oak timber samples were collected for dendrochronological dating", says the report.

According to the team: "The well-constrained felling date range indicated by the radiocarbon dating placed the construction of the bridge during the reign of David II and the Second War of Scottish Independence (AD 1332–1357), a period of significant political turmoil in the region and around the time of the arrival of the Black Death in AD 1350. 

"In such turbulent times, even with a tightly modelled age range, the radiocarbon dating results were puzzling and open to a wide range of interpretations regarding who built the bridge and why. A more precise date would enable more targeted historical research."

At the same time as the initial investigations at Ancrum Bridge, a new precision dating technique was being developed called stable isotope dendrochronology. The paper contains a full technical description of how the system works.

"Stable isotope dendrochronology has conclusively shown that timbers with intact bark edge used to construct the sub-structure of the medieval bridge at Ancrum were felled during winter of AD 1428/29. Given that wood was generally worked “in the green” (unseasoned) it is highly likely that the bridge would have been constructed within 12–18 months after felling.

"Significantly, this result shows that the bridge is approximately 80 years younger than the date indicated by radiocarbon dating. The initial objective of this study was to apply stable isotope dendrochronology to refine the wiggle match [radiocarbon dating] date range and provide a felling date that could allow historians to undertake targeted research on the social and political context surrounding construction of the bridge. Somewhat unexpectedly, the stable isotope dendrochronology returned a date well outside the most likely modelled radiocarbon date range".

 The Swansea scientists stress that neither the radiocarbon results nor the wiggle matching are errant or necessarily in conflict with the stable isotope dendrochronological dating. 

"The wiggle-match determined range 1340–1360 reports only that there is a 95.4 % chance that the date would lie within this range. In other words, there is an approximately one in 20 chance that the true date lies outside of 1340–1360.

"In this case the date for the sample falls outside of the modelled most probable range. In this specific case, using the ‘standard’ probability range resulted in a misinterpretation of the age of the timber samples and therefore the social and political context in which the bridge was built. 

"Given the strong isotopic dendrochronological evidence we now know that rather than being constructed during a period of instability and conflict during the reign of David II, the timbers used to construct the bridge at Ancrum were felled during a less turbulent period of King James I’s reign. From this new insight it is now possible to redirect archaeological and archival research to focus on this later period and in doing so develop a better understanding of the role that the bridge played in the social and cultural history of the region."

In conclusion, the study team explain that while their findings will necessitate a revision to the current interpretation of Ancrum Bridge, and an update to the details of its Scheduled Monument designation, "this site remains a discovery of national importance and a rare example of medieval bridge construction methods in Scotland."

  

Inflation busting council tax rise on the cards?

by OUR LOCAL GOVERNMENT EDITOR

The prospect of a 10 per cent increase in council tax bills for Scottish Borders householders next year has been flagged up by the local council's head of finance, a move which would yield an extra £7 million for front-line services.

Suzy Douglas, director of finance at Scottish Borders Council warns in a budget planning report for 2025/26 that the authority faces a £50 million funding gap over the next ten years, according to the latest forecasts.

The director points out that the Borders currently has a Band D charge for Council Tax of £1,356 per annum. This represents the seventh lowest Council Tax charge in Scotland and the fifth lowest on the mainland.

"This relatively low level of Council Tax reduces the Council’s spending power compared to other Scottish Local Authorities with higher Council Tax rates. For comparative purposes, a neighbouring authority’s current Council Tax charge is 12% higher than that in Scottish Borders. 

"If our Council tax had been set at this rate during 2024/25 it would have equated to additional income of £8.4 million to spend on local services. The indicative budget approved in February 2024 assumed that from 2025/26 the Council will increase Council Tax by 10%. This increase will allow the Council to protect important front line services which otherwise may be impacted by service reductions in order to balance the budget. Each one per cent increase in Council Tax provides circa £700,000 to the Council to support delivery of Council services."

A 10 per cent uplift in council tax would be equivalent to 5.8 times the current rate of inflation which stands at 1.7%. 

Ms Douglas's report updates the financial challenge facing the Council and sets out an approach to balancing the budget. 

She says the longer term corporate approach which has been adopted over the past decade has delivered significant cost reductions and increased income of over £84 million. These significant reductions have ensured the Council has balanced its budget and delivered a small underspend in each of the last ten years. 

But the report warns: "The forthcoming budget round will be very challenging for the Council given significant cost pressures including pay, inflation and ongoing service demand pressures. Consequently, continuing the robust corporate approach to the budget focussed on transforming Council services, investment in new technology to reduce costs, greater operational efficiency, new ways of working and the prioritisation of core Council services will be essential.  All opportunities for increased income must also be progressed including Council Tax increases."

Ms Douglas adds that the Council has an ambitious Capital Plan in place, currently delivering key infrastructure projects to improve community facilities including roads and bridges maintenance, completion of the £90 million Hawick Flood Protection Scheme, two new primary schools, three new Secondary schools and two new care villages. 

"These projects are all funded within the current financial plan, following completion of these new builds the Council will refocus the Capital Plan from years 5-10 on prioritising refurbishment works and energy efficiency works to support the Council’s response to the climate emergency."

Councillors are told the forthcoming budget round will be very challenging for the Council given significant cost pressures including pay, inflation and ongoing service demand pressures.

As Ms Douglas explains, the indicative budget for 2025/26, published in February 2024, made assumptions including an assumed level of Scottish Government grant, increases in Council Tax levels, inflationary increases and savings required to balance the budget. As such the budget for 2025/26 at that point was balanced, however as the financial and economic landscape has changed since February 2024 a number of these assumptions will require to be updated. This will increase the challenge facing the Council. 

The director's report continues: "The finance circular detailing individual funding allocations for Councils in 2025/26 is planned for issue on 12 December 2024 following the Scottish Government’s budget announcement on 4 December. 

"The Council is currently assuming a flat cash revenue settlement for 2025/26; this means inflationary increases experienced by the Council are not funded within the grant. A reduction of one per cent in revenue support grant would equate to reduced funding of around £2.3m. 

"The Capital grant provides a lower percentage funding of the capital plan with the remaining capital investment mainly funded from external grant and Council borrowing. The Capital grant for 2025/26 is forecast to remain flat which again means inflationary increases are not funded and means there is limited capital flexibility. Any reduction in grant would impact on capital investment in the Borders."

Avocet "mismanagement and neglect" saw patents disappear

by OUR BUSINESS STAFF

The failure of company bosses to pay renewal fees on a dozen patents resulted in almost 40% of Avocet IP Ltd's intellectual property being lost while three of the seven brands acquired by Avocet's predecessor AFS Ventures suffered a similar fate.

Official UK records also show twelve other applications associated with Avocet IP were terminated before grant, seven were abandoned and one was withdrawn.

The potentially grievous losses of patents linked to fuel additives and livestock feed production were first revealed to investors in 2021 by way of written correspondence purporting to emanate from Tim Carter, of PCH Holdings. Later it was claimed Carter did not exist and was a figment of the imagination of Martin Frost, ex-chairman of the insolvent Avocet Group.

'Carter' claimed in his circulated missive that 90 per cent of the patents linked to the companies had been "lost" since 2019, "reducing the value of intellectual property from a possible figure of £400 million to just £69 million."

As we reported at the time, extracts of emails sent to Mr Frost by fellow Avocet director and Genfro Ltd life president Dr Bob Jennings warned: "Dear Martin, This is not good news. We have filed some 120 cases in various countries and the majority have lapsed.

"Some others are still live pending further checks, but will need completion fees to be paid by June 30th. All of the rest have lapsed, with little chance of reinstating. The June date is absolute and must be paid if we are to recoup some value."

According to 'Carter' PCH had arranged for a formal valuation of the remaining intellectual property list to ascertain the strength of  Jennings' guesstimate of £69 million. 

Shareholders were assured that PCH would pay the overdue fees on the relevant patents and this intellectual property would be transferred into the ownership of Genfro Limited. However, that did not happen as Genfro never owned any patents throughout that firm's existence.

A few weeks later, 'Carter' - in yet another message to Frost which was shared with investors - declared: "Dear Martin, It was good to clear the air with our frank though heated discussion. For the avoidance of doubt, PCH is not happy. 

"PCH is not pleased with your ‘soft’ administration. PCH is appalled by Dr. Bob Jennings' business acumen which cost ANC Plc shareholders $60 million US dollars in June. PCH had spent months and much influence to secure a deal of the century, to see it go down the tubes in a matter of hours is unbelievable. PCH sees neither you nor Bob as irreplaceable. PCH has practical alternatives for both of you.”

An investor who lost a significant sum as a result of Avocet's failures said: "This was a classic case of mismanagement and neglect by management. The financial losses associated with their errors was never set out in detail...just some bland figures from the imaginary Carter.

"All of this should have been a subject for consideration at an annual meeting several years ago when investors would have had the chance to get rid of those in charge".

These are the UK patents/patent applications linked to Avocet IP Ltd., a subsidiary of liquidated Omega Infinite PLC:

AVOCET IP Ltd. [company dissolved via compulsory strike-off 21/5/2024]

1 – Conversion of carbon dioxide to hydrocarbons via hydrogenation. Filed 24/11/2012. Assigned to Avocet IP November 2018. Status: EXPIRED – FEE RELATED. Lapsed for failure to pay maintenance fee 28/8/2023.

2 – Process for the conversion of carbon dioxide to methanol. Filed 24/11/2012. Assigned to Avocet IP November 2018. Status: EXPIRED – FEE RELATED. Patent expired for non-payment of maintenance fee 21/10/2019.

3 – Integrated system and method for producing methanol product. Filed by Avocet IP 15/12/2016. STATUS: ABANDONED 28/5/2020.

4 – Agricultural system and method (hydroponics arrangement). Filed Avocet IP  4/12/2017. Status: ABANDONED 20/4/2020.

5 – Apparatus and method for continuous production of polyethylene glycol dinitrate. Filed Avocet IP 15/2/2016. EXPIRED – FEE RELATED - failure to pay renewal fee 7/11/2022.

6 – Enhanced fuel and method of producing enhanced fuel for operating internal combustion engine. Filed 16/8/2015. Assigned to Avocet IP 27/11/2018. Status: ABANDONED 27/3/2019 – failure to respond to an office action.

7 – Combustion system method. Filed Avocet IP 3/7/2015. Status: ABANDONED 3/2/2020 – failure to respond to an office action.

8 – Hydroponics apparatus and method. Filed Avocet IP 12/2/2016. Status: EXPIRED – FEE RELATED. Non-payment of renewal fee 24/8/2022.

9 – Combustion system and method. Filed Avocet IP 3/7/2014. Status: EXPIRED – FEE RELATED. Non-payment of renewal fee 25/3/2020.

10 – Livestock feed production apparatus and method. Filed Avocet IP 2/12/2016. Status: EXPIRED – FEE RELATED. Non-payment of renewal fee 24/8/2022.

11 – Method of growing seeds. Filed Avocet IP 2/12/2016. Status: EXPIRED – FEE RELATED. Non-payment of renewal fee 24/8/2022.

12 – Method and system of livestock feed production. Filed Avocet IP 8/12/2016. Status: EXPIRED – FEE RELATED. Non-payment of renewal fee 24/8/2022.

13 – Enhanced fuels, methods of producing enhanced fuels and additives for mitigating corrosion. Filed Avocet IP 15/2/2016. Status: ABANDONED 13/5/2019 – failure to respond to an office action.

14 – Fuel system and method. Filed Avocet IP 17/8/2014. Status: EXPIRED – FEE RELATED. Non-payment of renewal fee 29/4/2020.

15 – Combustion engine and method. Filed Avocet IP 17/8/2014. Status: EXPIRED – FEE RELATED. Non-payment of renewal fee 26/2/2020.

16 – Apparatus and method for producing methanol. Filed Avocet IP 27/11/2017. Status: WITHDRAWN 18/11/2020.

17 – Apparatus and method for producing methanol. Filed Avocet IP 27/11/2017 Status: ABANDONED. Incomplete application. Discontinuation 4/4/2022.

18 – Apparatus and method for continuous production of polyethylene glycol dinitrate. Filed Avocet IP 1/2/2019. Status: ABANDONED – failure to respond to an office action. Discontinuation 2/12/2019.

19 – Method of enhancing omega-3 oil content in livestock. Filed Avocet IP 2/12/2016. Status: EXPIRED – FEE RELATED. Non-payment of renewal fee 24/8/2022.

20 – Livestock feed production system and method. Filed Avocet IP 8/12/2016. Status: EXPIRED – FEE RELATED. Non-payment of renewal fee 24/8/2022.

21 – System and method for producing nitrate esters. Filed Avocet IP 12/12/2019. Status: CEASED. Application terminated before publication 7/7/2021.

22 – Apparatus and method for producing plant growth material using hydroponics apparatus. Filed Avocet IP 19/12/2019. Status: CEASED. Application terminated before publication 14/7/2021.

23 – Apparatus and method for producing plant growth material using hydroponics apparatus. Filed Avocet IP 13/7/2018. Status: CEASED. Application terminated before publication 8/1/2020.

24 – Fuel for internal combustion engines and additive for fuel thereof. Filed Avocet IP 29/4/2019. Status: CEASED. Application terminated before publication 28/10/2020.

25 – System and method for producing glycol dinitrate. Filed Avocet IP 12/7/2019. Status: CEASED. Application terminated before publication 10/2/2021.

26 – Apparatus and method for producing polyethylene glycol. Filed Avocet IP 12/7/2019. Status: CEASED. Application terminated before publication 10/2/2021.

27 – Method and apparatus for production of livestock feed. Filed Avocet IP 12/3/2019. Status: CEASED. Application terminated before publication 7/10/2020.

28 – Fuel for internal combustion engines and additive for fuel thereof. Filed Avocet IP 16/1/2018. Status: CEASED. Application terminated before publication 22/5/2019.

29 – Method and apparatus for production of livestock feed. Filed Avocet Infinite 4/12/2017. Status: CEASED. Application terminated before publication 3/4/2019.

30 – System and method for producing nitrate esters. Filed Avocet Infinite 3/7/2018. Status: CEASED. Application terminated before publication 1/1/2020.

31 – System and method for producing glycol dinitrate. Filed Avocet Infinite 3.5.2018. Status: CEASED. Application terminated before publication 7/8/2019.

32 – Apparatus and method for producing polyethylene glycol. Filed Avocet Infinite 3/5/2018. Status: CEASED. Application terminated before publication 7/8/2019.

AFS VENTURES LTD

On August 19th, 2024  ‘Rebecca’ - like 'Carter', something of a mystery - wrote in an email to a select group of investors: “In 2014 AFS Ventures was valued by KPMG at £50 million. In 2015 AFS Ventures morphed into Avocet Infinite PLC. In 2019 Avocet Infinite was valued by the market at £230+million."

But reports prepared by AFS Ventures liquidator Eric Walls include an entry of £680,000 for an ‘Intellectual Property Settlement’. Frost, while a director of AFS Ventures valued the company’s IP at £4 million in a signed Statement of Affairs.

AFS VENTURES PATENTS

1 – Combustion engine and method. Filed AFS 17/8/2014. Change of ownership to Avocet Fuel Solutions Inc. (US) 1/4/2015. Status: EXPIRED – FEE RELATED. Non-payment of renewal fee 26/2/2020.

2 – Fuel systems and method. Filed AFS 3/7/2014. Change of ownership to Avocet Fuel Solutions Inc 1/4/2015. Status: EXPIRED – FEE RELATED. Non-payment of renewal fee 29/4/2020.

3 – Combustion system and method. Filed AFS 3/7/2014. Change of ownership to Avocet Fuel Solutions Inc 1/4/2015. Status: EXPIRED – FEE RELATED. Non-payment of renewal fee 25/3/2020.

4 – Enhanced fuel methods for producing advanced fuels and additives for advanced fuels. Filed AFS 3/7/2014. Change of ownership to Avocet Fuel Solutions Inc 1/4/2015. Status: WITHDRAWN 1/5/2019.

5 – Enhanced fuels, methods of producing enhanced fuels and additives for enhanced fuels. Filed AFS 3/7/2014. Change of ownership to Avocet Fuel Solutions Inc 1/4/2015. Status: CEASED. Application terminated before publication 11/11/2015.

6 – Compound, method of manufacturing compound, enhanced fuels, methods of producing enhanced fuels and additives for advanced fuels. Filed AFS 3/7/2014. Change of ownership to Avocet Fuel Solutions Inc 1/4/2015. Status: CEASED. Application terminated before publication 11/11/2015.

7 – Method and apparatus for producing methanol. Filed AFS 14/4/2014. Change of ownership to Avocet Fuel Solutions Inc 1/4/2015. Status: CEASED. Application terminated before publication 26/8/2015.

Council seeks to cut £17 million bill for 'exiled' children

by OUR LOCAL GOVERNMENT EDITOR

The annual cost of keeping more than 70 cared for Scottish Borders children in accommodation outside the region has become financially unsustainable at £16.9 million and is not delivering the best outcome for the vulnerable young people involved.

That is one of the conclusions reached in a report from Scottish Borders Council's Director of Education and Children's Services Lesley Munro which proposes measures to reduce the financial burden on the local authority while, at the same time, bringing more Borders children home.

Councillors will consider the report next week. It recommends a refreshed whole systems approach to reduce the number of children and young people who are cared for in Out of Area [OOA] placements and to take a preventative approach to minimise the number of such placements in the future.

A total of 213 children and young people from Scottish Borders are currently being looked after by Scottish Borders Council (SBC), 72 of whom are residing in OOA care and one in a bespoke placement within the Borders at an annual cost of £16.9million.

Ms Munro explains that a project group has identified work streams in a bid to address the situation. These are: Young people will live, learn and be looked after in Scottish Borders. Support will be provided within locality or cluster areas taking a preventative, early intervention approach to service planning and provision. 

Support to families will be delivered through a multi-agency partnership approach. Resource management and allocation will be determined to maximise outcomes for young people and their families while delivering best value. 

"In order to effect this change, additional resource is required in the short to medium term with the aim that a move from reactive to preventative support will allow more children, young people and their families to ensure they are cared for at home or in kinship care and therefore long-term reductions in the cost of out of authority placements can be achieved to allow a sustainable position."

The report says that in 2023/24 the average cost of a residential placement was £249,000 per annum. In 2017/18 this equated to £75,000 per placement representing a 330% increase in average cost. 

A single placement which has been created within SBC is currently costing £1.3 million per annum. Overall, costs have increased by £8 million over a two-year period. In 2017/18 the cost was £5.88 million.

"Nineteen young people have been identified as potentially able to move from out of authority placements and return to Scottish Borders", according to the report. "The potential reduction in the cost of out of authority placements if this group of young people were to leave external residential care could achieve £3.8 million full year saving."

But Ms Munro adds that well-being of the children and young people must take priority. Return will only be possible if the conditions for their return and associated care packages and supports are in place. 

"In order to stem the flow of young people who are at risk of requiring to be placed in out of authority provisions, there are measures which can be implemented immediately to reduce pressures resulting in young people being escalated to requiring an external placement. Increasing capacity in the system involves actions which can be implemented immediately, for a 18–24-month buffering period until new systems and infrastructure can be implemented."

The council's Social Work Duty team currently comprises a team leader, two senior social workers, six social workers and 4.5 Social Work Assistants. 

"As well as over 2000 referrals per year, this team covers all Initial Referral Discussions and at present there are over 300 child and young person referrals on a waiting list. In order to address this it is proposed to increase the staffing in the duty team by one team leader, two social worker and six Support Workers. 

"A Whole Family Wellbeing team which will be grant funded to the end of March 2026 is being created. This team will provide holistic family support focusing on issues such as parenting, housing issues, health and wellbeing issues, offending behaviour, school related difficulties, employability, income maximisation and substance misuse. It is envisaged that this team will be in a position to engage with around 150 families at any one time, dependant on the complexity of individual cases who may require additional focus."

The proposed staffing measures are likely to cost £2.23 million until the end of financial year 2025/26.

. 

£285 million offered for invisible patents

'Son of Avocet' never owned any intellectual property

by OUR INVESTIGATIONS TEAM

In May 2022, the 290 shareholders with stakes in Gennfros Ltd., successor to the insolvent Avocet group, were told in a missive circulated by company life president Martin Frost that "Israeli friends" had offered 1.2 billion shekels [£285 million] for the portfolio of patents and intellectual property applications held by the business.

And just two months earlier investors had been assured: "A deal has been concluded with a foreign government that has agreed to pay £400M for all of Gennfros' intellectual property". 

Now, research using the files of the patents office and other intellectual property records show that all of Gennfros's patent applications were terminated on March 23rd 2022 - before the paperwork was even published.

Five months later, in August 2022 the renamed Genfro Ltd - the name change was approved by management on June 27th 2022 - lodged applications for the same four methods with the UK authorities. But these were never approved either and the process for each was terminated in January 2024, again prior to publication. 

Here's what the records show for each of the applications:

GENNFROS LTD.

1 – Apparatus and method for alcohol-based fuel production. Filed Gennfros 29/10/2020. Status: CEASED. Application terminated before publication 23/3/2022.

2 – Fuel, fuel additive and method. Filed Gennfros 27/10/2020. Status: CEASED. Application terminated before publication 23/3/2022.

3 – Livestock feed production arrangement for generating feed for livestock. Filed Gennfros 16/10/2020. Status: CEASED. Application terminated before publication 23/3/2022.

4 – System and method for producing glycol dinitrate. Filed Gennfros 30/9/2020. Status: CEASED. Application terminated before publication 23/3/2022.

GENFRO LTD.

1 – System and method for producing glycol dinitrate. Filed Genfro 23/8/2022. Status: CEASED. Application terminated before publication 31/1/2024.

2 – Fuel, fuel additive and method. Filed Genfro 23/8/2022. Status: CEASED. Application terminated before publication 31/1/2024.

3 – Apparatus and method for alcohol-based fuel production. Filed Genfro 23/8/2022. Status: CEASED. Application terminated before publication 31/1/2024.

4 – Livestock feed production arrangement for generating feed for livestock. Filed Genfro 23/8/2022. Status: CEASED. Application terminated before publication 31/1/2024.

On that basis, it is difficult to comprehend how the four incomplete applications could have commanded valuations ranging from £50 million to £400 million, as claimed at various times by Mr Frost or by the mysterious Tim Carter, head of the equally enigmatic PCH Holdings.

A contact who assisted with our research reminded us of three separate communications from Gennfros management (or Carter) setting out different values for intellectual property.

Our source told us: "On November 16th, 2020 we were told in a Gennfros email signed by Paul Newsham (a director of the company between September 2020 and August 2021) that 'Gennfros Limited’s worth is focused on families of newly created intellectual property with a current anticipated net worth more than £150 million pounds.'  

"On December 28th, 2020 we were told by Martin Frost that, 'Gennfros Limited’s main asset is its intellectual property which centres upon patent families of which those that relate to methanol are perceived to be worth some £150 million.

"On January 12th, 2021 Frost wrote 'Gennfros Limited’s new intellectual property shall be subject to an independent valuation in April 2021. Given the huge interest in the non-explosive methanol additive, it is hoped that such valuation shall exceed £200 million.”

We also came across correspondence from Gennfros directors which boasted: "I confirm that Gennfros will shortly have over 30 new patents (mainly UK) though none is likely to be as valuable as:GENN01GB (Non-explosive) GB Application number: GB2015514.9 Filing date: 30.09.2020 which enables a non-explosive green fuel which is cleaner and cheaper than electricity and has an independent assessed value in excess of £150 million."

GB2015514.9 is the application included above - System and method for producing glycol dinitrate - which hit the buffers only weeks after receiving that £150 million price tag.

And as we reported, on May 5th 2021, after the quartet of Gennfros patent applications had been abandoned, Mr Frost circulated the text of a letter said to have been sent by Carter to then Business Secretary Kwasi Kwarteng, requesting anonymity for PCH Holdings.

The letter included this claim by 'Carter': "Presentably, PCH has funded four provisional patents of which one for a non-explosive methanol additive to allow green methanol to become a clean replacement diesel is the most valuable. PCH is about to fund a further 30 more fuel and agricultural patents which should result in Genfro Limited becoming a £200 million IP company."

Our inquiries proved that this, like the patent valuations, was a work of fiction.

Mr Kwarteng's Ministry told us in September 2021: "Thank you for your emails to the Enquiry Unit, about matters surrounding investors in Genfro Limited. I have been asked to reply and apologise for the delay in doing so, it has taken time to undertake the comprehensive search of our records required to accurately respond to your enquiry. 

"You asked whether the Secretary of State had been approached with a view to securing anonymity for certain investors in the company and, if so, whether such anonymity had been granted. We have searched our records and can confirm that no approach in such terms has been received by the Secretary of State."

Undeterred, a news letter was issued in October 2021 which declared: "Many Avocet shareholders are benefitting from their new 2021 investments into Genfro Limited. Genfro has developed new intellectual property in conjunction with a conceptually new share trading platform. Many believe that the share value of Genfros will well exceed their past expectations with Avocet Infinite Plc."

Sadly, as the patent office records confirm, this 'new intellectual property' turned out to be as worthless as the Gennfros collection.

Soon after the Genfro patents were terminated in January of this year, the company's other joint life president Dr Bob Jennings applied to Companies House to have the business struck off the register and dissolved.

That request was suspended by the Registrar in May after an objection was received. There have been no further published developments since.

NEXT: WHATEVER HAPPENED TO AVOCET IP AND AFS VENTURES PATENTS?

Borders council's seventh time extension to ponder giant wind farm

by DOUG COLLIE

The planning authority in the Scottish Borders has been granted a seventh time extension as it attempts to reach a decision on a proposed £417 million wind farm project involving 53 turbines in Teviotdale.

It means the original deadline of October 9th 2022 by which time Scottish Borders Council was supposed to declare its support for or opposition to the Teviot wind farm, south of Hawick will now be set for March 5th 2025. 

The latest extension has been approved by the Scottish Government's Energy Consents Unit [ECU] following an agreement reached between the local authority and developers Muirhall Energy.

In a message to the ECU asking for yet another additional period to deal with Muirhall's application, Borders planning officer Scott Shearer wrote: "This is a highly important scheme for the Scottish Borders, however the additional processing time will ensure the development is fully considered by the Planning Authority, allows for any response by the applicants and sufficient lead in to complete a Report of Handling for our planning committee."

Should the members of the planning committee vote to reject the application then a public inquiry would be held leading to a decision by Scottish Ministers.

Meanwhile, in his consultation response, council ecology officer Malcolm Ginns raises concerns over potential damage to peatland, and  the impact the scheme might have on red squirrels.

According to his written submission: "The AEI (Additional Environmental Information) report acknowledges that the residual impacts on the habitat assemblage will remain significant. Given that Scottish Government have declared a Climate and a Nature Crisis, it is my opinion that more ought to be done to avoid impacts on peatland from the outset rather than relying on mitigation and compensation".

Proposed turbines 22, 23, 24, 27, 28, 30, 41, 42 and 43 as well as associated tracks are located on bog habitats which are in sensitivity class 1 or 2. Some areas of these habitats and the underlying peat are either heavily modified or actively degrading.

In the ecology officer's view: "The majority of the hard standings for turbines 24 25 and 41 are proposed on class 1 peat. Ideally these turbines would be (re)moved from this nationally important habitat. 

"Class 1 peat is nationally important, in my opinion the fact that the hardstanding would only impact comparatively small areas and impacts would “only” be of regional, not national importance is secondary as the piecemeal destruction of important habitats still has a significant cumulative effect over time, which ought to be avoided."

Due to the very large scale of the current proposal, the project would remain viable if the design was further adjusted to protect more peatland, the report adds.

In a section of the submission headed Red Squirrels, the submission warns that 15 sightings of the species were recorded on the wind farm site: in the Northhouse forest between Goat Hill and the Southdean Burn. 

"The sighting location is within the area marked for infrastructure felling and the wider, immediately adjacent forest area is proposed for felling between 2024-28.

"I am concerned about the impacts of this on Red Squirrels due to the potential of them becoming isolated in this area.

"Therefore, I would like to see some early compensatory planting being provided for the benefit of red squirrels at Goat Hill. This should be before the site is operational or at least before the felling phase for this area ends in 2028."

Muirhall Energy's website shows the construction period for the project is now scheduled for 2029-2033 with the wind farm becoming operational in 2033.

It would generate enough electricity to power 437,000 homes, according to the company.

Avocet resources now rest with the Crown!

by OUR BUSINESS STAFF

He may be blissfully aware of his recently acquired bounty, but King Charles is now technically the owner of assets seized from the failed Avocet group of companies, Not Just Sheep & Rugby can reveal.

The compulsory dissolution of Avocet IP Ltd in May of this year after management repeatedly failed to abide by company regulations marked the death of the business which previously held the portfolio of patent applications, designed to make hundreds of shareholders extremely wealthy.

It meant that once Avocet IP had been killed off via compulsory strike off "all property and rights vested in or held in trust for the company are deemed to be bona vacantia [Latin for 'vacant goods'] and will belong to the Crown".

The Treasury Solicitor who collects assets from doomed firms may have been unaware that Avocet IP directors, including Martin Frost and Dr Bob Jennings were in possession of at least three registered trademarks, two involving the use of the word 'AVOCET' and a third titled 'COW PALACE'. So, these can now be assigned to His Majesty, or to any other section of the Crown estates to use as they wish!

Those who invested in the Avocet projects - based on agricultural production and 'ground breaking' fuel additives - will be familiar with plans to keep herds of cattle in so-called cow palaces on farms in Berwickshire. 

An application to register 'Cow Palace' as a unique trademark was filed with the patents office in January 2018, and the protection for the phrase was secured in May of that year. The 'title' was transferred from Avocet Infinite, as it then was, to Avocet IP Ltd. in July 2018. 

It meant the company had exclusive use of Cow Palace under four separate classes of the Intellectual Property regulations. These cover (Class 29) processed food in relation to meat and other farm products; (Class 31) animal feed and fodder; (Class 42) research and development services including environmentally friendly forms of energy and power; and (Class 44) agricultural services relating to environmental conservation. 

The trademark register shows the exclusive use of COW PALACE by Avocet IP or its successors will remain intact until January 19th, 2028, giving the Crown ample time to put the trademark to good use.

Unfortunately, one of the 'AVOCET' marks, applied for in 2014, expired in May 2024. But the second registered in 2017 runs until a renewable date of February 19th, 2027.

A check on the files at the United States Patent and Trademark Office [USPTO] revealed that Avocet IP was also the holder of a registered mark 'AVOCET' covering its designation for chemical products for use as additives for fuel.

However, invalidation was pronounced by the director of USPTO on January 6th, 2023 "after the holder failed to comply with the statutory requirements regarding the filing of an affidavit of continued use or excusable non-use". 

Par for the course for Avocet, some would say.

For the record, Avocet IP also enjoys ownership of two European trademarks, both bearing the word 'AVOCET'. The fuel additives version will expire on November 3rd 2024 while the agricultural variety is due to lose its status on August 11th 2027.

Perhaps someone should notify Buckingham Palace?

A moving story - Hadrian's Wall migrates 52.8 miles north!

by OUR CULTURAL EDITOR

Students of history who thirst for knowledge about the rich archaeological heritage of the Scottish Borders can access an educational paper which tells them Hadrian's Wall follows the line of the England-Scotland border, and claims local people know little about the region's rich past..

According to Google maps the world-renowned wall, erected during the Roman occupation almost 2000 years ago, is 52.8 miles south from Carter Bar which marks the national boundary.

But Exploring The Unexplored: Archaeology in the Scottish Borders, available on the Course Sidekick website - motto: Study Learn Succeed - informs readers "Hadrian's Wall, which is a UNESCO World Heritage Site and goes along the border between England and Scotland, is just one of many amazing Roman buildings in the area. The wall is right on the border between England and Scotland. As the wall goes from England to Scotland, it follows the line between the two countries."

The opening statements in the Sidekick dissertation may have left professors of Roman history and other Scottish academics completely nonplussed.

It's headed: Scottish Boarder [the author's spelling]: Why Left Unexplored. The writer then goes on to claim that archaeologists might not have found the Scottish Borders yet for a number of reasons, "but it is definitely something they should try to do."

And the article continues: "One of the most important things that led to the current situation is that there is neither money nor any other resources in the area that can be used to study archaeology. Archaeological study takes time and money, so it can be hard to get money for it. This is especially true in places where there aren't as many people as in other places."

Students who decide to use this Sidekick tool will discover that "This part of Scotland has a lot of ancient and Roman ruins, as well as a lot of castles, tower houses, and walled towns from the Middle Ages. The long past of fighting and settling in this area is shown by these buildings. Some of these places have become important historical and cultural landmarks because of the work that has been done to keep them in good shape."

The thesis also includes this telling contribution - "When people first moved here, this area was part of the Roman Empire. During this long and difficult time, a lot of different villages grew up along the border of Scotland. Each one had its own set of customs and ways of doing things. These places can be found because they are close to each other. Each of these towns has a different location, which makes it easy to tell them apart."

Students are warned that it might be hard to do polls in most of the Scottish border area, which is 'remote and has few people living there'. 

"It will be hard for historians to find and dig up important places, especially if they are underground or hidden in some other way. Archaeological study is hard to do in the Scottish border area because it doesn't get enough money or other tools. Surveying and digging up a historical site takes a lot of time, money, and the knowledge of trained experts with experience in the field. Since there isn't much private money for archaeological research in the Scottish border area, it often has to depend on money from the government or gifts from charitable groups."

Studying in the region may be hard, "take a long time, and cost a lot because the area is remote and has a rocky landscape. It could also lead to a number of problems. Due to the prices and limits of certain forms of transportation, it may be hard or expensive to get to some places or get to them at all."

We found the next statement somewhat inaccurate and misleading.

Apparently: "Due to the long and complicated past of the area, historical relics in the Scottish border region are notoriously hard to find and understand. This is because people have lived and fought in the area for a long time. Because of this, people who live in the area don't know much about the area's rich historical history."

And consider this gem: "Archaeologists have a harder time figuring out what things from the past mean when they find them in the same place where people lived at different times in history. Also, weathering, farming, and development have all hurt or gotten rid of some ancient places in the Scottish border area."

Or this: "When the Roman Empire was in charge, this land was part of the region of Britannia, which was ruled by the Romans. It was only recently discovered that a number of Roman towns and forts used to be in this area."

And finally: " Despite showing signs of human activity from thousands of years ago, some historic places are getting worse or have gone away completely because of erosion, farming, and urbanization."

Our efforts to trace the source of this dubious aid for students has, perhaps appropriately, fallen on stony ground.

The text of the US-produced gamechanger makes reference to the University of Tennessee, Knoxville. However, two messages sent to the Department of Anthropology there failed to elicit a response.

Course Sidekick is a brand name used by Learneo Inc., of Redwood City, California, Website blurb claims: "Course Sidekick helps you in your history studies whether you are a college or a high school student. Ace history assignments by finding both relevant documents and study materials. We've got you covered 24/7".

We drew a blank when we contacted Learneo with a request for a contact address for the compiler who assembled Exploring the Unexplored: Archaeology in the Scottish Borders. 

The full 'academic' paper can be found here:  https://www.coursesidekick.com/history/3356929

Avocet's 'Singapore Sling*' leaves a bitter taste

by OUR BUSINESS REPORTER

Investors who lost millions of pounds in the failed Avocet 'wonder fuel additive' disaster have reacted with anger and disbelief after being told a mysterious Singaporean named Rebecca Seddon has been gathering evidence for a $400 million lawsuit for damages to be raised in Delaware, USA.

Paperwork and emails sent to Not Just Sheep & Rugby include allegations that 'Rebecca' is yet another fictional character dreamed up by Avocet/Genfro life presidents Martin Frost and Dr Bob Jennings while they are pursued through the English courts for recovery of substantial sums of money and property.

As we reported previously, shareholders in the failed businesses, including Omega Infinite and Avocet Natural Capital, were regaled with tales of an enigmatic plutocrat by the name of Tim Carter who was ready to pay tens of millions of pounds on behalf of an obscure corporation for Avocet's "much sought after" intellectual property.

None of the people beyond the Group's management who attempted to meet Carter or acquire his mobile phone number managed to clap eyes on him before Mr Frost stopped referring to him in communications circulated to shareholders. Needless to say, no transaction was every completed.

It becomes clear from the correspondence passed to us that Rebecca Seddon is just as elusive as Tim Carter. In a farcical twist, at Christmas time last year both were the subject of a missing persons report to Northumbria Police. The force declined to investigate after explaining that failing to reply to emails "does not constitute missing".

According to one email from Mr Frost - he is currently bankrupt and has been the subject of an ongoing fraud investigation by Police Scotland - "Rebecca, using the 'black arts' proved that [a named accountancy firm] lied to Leeds Court".

Leeds Court, of course, was the venue where a judge ruled that Mr Frost had used hundreds of thousands of pounds of Avocet company cash to purchase two up-market flats in Scarborough.

Apparently, 'Rebecca' first appeared in October 2023. Her role within the group of companies which are either being liquidated or are in administration has never been explained in detail.

However, in a so-called news release sent out by Mr Frost: "Singaporean Rebecca Seddon, working in the US for major intellectual property investors, provided on Thursday January 4th to Leeds High Court and to Prime Minister Sunak documentary evidence that (named individual and accountancy firm) have lied to the English Law Society and the UK courts. Both the High Court and Parliamentarians have accepted Rebecca’s evidence, especially that of conspiracy between……"

A more plausible statement is included in an email exchange during August 2024 between 'Rebecca' and one of the leading players in the Avocet fiasco who we have decided not to identify. The individual concerned had been supplied with convoluted reasons for Avocet's downfall.

He wrote: "Dear Rebecca, what a shame that just 2% of all this was not made available prior to those who invested from Autumn 2017 onwards. The constant explanations, which are similar to previous incarnations, have not led to anything that was promised. There is now a shift from being informed of, and advanced a ‘gift’ some months ago, yet the last I read that is now, post a judicial victory. So many shareholders are totally in the dark, yet some are numb with the voluminous tales of, ‘big lies’, bad buggers, and naughtiness."

In response, Seddon declared: "I do not agree that we shall end up with a pyrrhic victory. An offer of £30 million we have already refused. I do not agree that our legal discussions will roll on forever.  Meaningfully, we expect this year to have much improved offers. I only became involved in October 2023, and during this last 10 months I believe I have achieved more than all your other past historians. I am already running late for a meeting, so I will respond in more detail later".

The unnamed leading light argued that much information was generally concealed or unavailable to most investors. His own due diligence had been less than normal based on the quality of others on the share roster, so that was his own fault. 

"I believed Martin, had I known any of 2014 to 2017, I’d have run a mile. I invest in people first and the business second. It wouldn’t be the first failure for me where the entrepreneur didn’t deliver. This is the messiest investment I’ve ever made." 

The writer of that message was also told by 'Rebecca': "As you are aware the liquidators of Omega Infinite Plc are seeking to bankrupt Dr Bob Jennings and Rose Mary Jennings. In the Newcastle High Court trial set down for January 2025".

And it was claimed most of those to be targeted with lawsuits including law firms, insolvency experts, The Sunday Times, The Herald, the Scottish Government etc. would settle "rather than put up with the trauma and publicity regarding their own guilt."

Only last month former Avocet employee Tristan Jeffrey - still owed more than £33,000 with 8% annual interest being added after employment tribunal victories against Avocet - made several attempts to meet 'Rebecca' and Jennings to discuss his late father's 250,000 Avocet shares.

At one point he wrote: “Rebecca Seddon, I will meet you any place any time, simply say where and when. As previously mentioned, I have all the documentation requested: a reminder that I do not want this information falling in to the hands of the corrupt business associates and convicted criminals you have links to, hence the importance of meeting in person.” 

Mr Jeffrey did not receive a reply from either Seddon or Jennings, or from the firm of solicitors representing Jennings.

The doubts concerning Rebecca's existence were outlined in a post on the Avocet Shareholders' Forum this week. 

The writer said: "“Rebecca” has been writing to a small (less than 50) group of shareholders - a group that appears to consist of people he [Frost] would like to annoy together with the last of his dwindling ‘true believers’. 

"The messages are a rehash of Frost’s past claims combined with renewed promises of great riches soon to come from the Delaware lawsuits. If you want to be credible as a person separate and distinct from Frost modify your writing style so that it does not consist of the same dense, rambling, run-on sentences containing inflammatory rhetoric and antipathy".

*Singapore Sling - The Singapore Sling, widely regarded as the national drink, was first created in 1915 by Raffles Hotel bartender Ngiam Tong Boon. Mix gin with cherry brandy, Benedictine, bitters, pineapple and lime juice to make this classic cocktail. Garnish with pineapple and a cherry. 

 

Exciting discoveries anticipated in 'Uncovering the Tweed'

by EWAN LAMB

The most expansive archaeological project ever to be undertaken in the Scottish Borders will encompass investigations into long abandoned tower houses, deserted medieval villages and enigmatic carved stones dating from prehistoric times to the Anglo-Saxon era.

Uncovering The Tweed (UtT) is a three-year programme to be jointly funded by National Lottery Heritage Fund Scotland, Historic Environment Scotland, and the Fallago Environment Fund. The investigations will be overseen by AOC Archaeology and Tweed Forum at an estimated cost of over £300,000.

With more than 15,000 registered entries in Scottish Borders Council's Historic Environment Record, the Tweed Basin is one of the richest regions for archaeology and built heritage in the whole country. But the archaeological potential remains largely untapped.

The forthcoming project is part of Destination Tweed, a multi-million pounds initiative aimed at raising the river's profile internationally and delivering new facilities to attract visitors such as a Tweed Trail from the source near Moffat to the sea at Berwick.

According to the published Project Design document: "The UtT project will maximise the value of LiDAR (Light Detecting and Ranging) technology for the investigation of the historic landscape. 

"It is intended that UtT will deliver a legacy for future generations by protecting and conserving the landscape, supporting connections between heritage groups and community organisations along the route and building a core of empowered volunteers, confident in identifying, investigating, and conserving the heritage of the project area into the future. We will ensure a tangible legacy for the project through the generation of new research that will feed directly into the presentation of the Tweed’s cultural heritage."

Mapping the Tweed will form the core of the Uncovering the Tweed project. Using aerial LiDAR data available for the project area, the archaeological mapping programme will aim to create new content that can be used to present and promote the archaeology of the Tweed Trail. 

Geophysical surveys will be conducted at key sites throughout the Tweed basin, again focusing on those locations closest to the proposed trail and those adjacent to areas typically accessed by walkers, cyclists and other visitors to the area.

UtT which will offer members of the public the chance to get involved in the programme, will also feature a series of so-called sub-projects including:

Crossing the Tweed: It will seek to explore and record crossing places of the Tweed river and associated tributaries. "Crossing points offer the opportunity to map communication routes through the landscape, and the ways these have changed through time in response to political, economic and environmental changes. Several of these may be extant bridges with older antecedents while other crossings may be traced through physical remains along the river, through historic mapping, or through LiDAR."

Towers of the Tweed:  This will involve studying tower house sites along the Tweed corridor. "Tower houses are an emblematic site type for the region defined as a fortified multi-floored dwelling constructed between 14th-17th centuries. These usually comprise several floors and often include a vaulted basement. 

"In the context of the turbulent and contested history of the Scottish Borders and Northumberland, tower houses played a key defensive role with thick stone walls, narrow winds and often a surrounding barmkin (defensive courtyard). Tower houses were likely not just defensive but had a significant role in social display of status and power." 

Carved in Stone  "Carved stones of Scotland and the North East of England have been considered a priority for research and a valuable archaeological resource in research frameworks for the areas. Examples can be found from almost every period, from prehistoric rock art to Anglo-Saxon stone sculpture and hogback stones to mile markers. These form tangible elements of the archaeological resource along the Tweed valley."

Deserted Medieval Villages "The Tweed basin contains some of the best evidence for medieval settlement in southern Scotland. Beyond the well-known abbey towns of Melrose and Kelso, there are numerous deserted villages and smaller settlements, the remnants of communities which never grew into larger towns. Several are associated with chapels or small kirks, but few have been the subject of coordinated archaeological investigation."

Prehistoric Lives "This sub-project encompasses a broad period of time and a wide range of site types and evidence. From the Upper Paleolithic to the late Iron Age, there is evidence of prehistoric people living along the Tweed valley. Some of the earliest prehistoric evidence for the area includes lithic scatter sites. 

"These include Scotland’s only Hamburgian settlement at Howden [near Biggar] representing nationally significant and rare evidence of Late Glacial (12,700-9,800 BC) activity. Lithic scatter sites also represent the later Mesolithic, Neolithic and Bronze Age periods and are known along the length of the Tweed valley. Some of these may represent settlements while others may be indicative of short-term occupation or craft working." 

Industrial Tweed "This sub-project explores the rich industrial history of the Tweed valley, from early modern times to the 20th century, highlighting key industries and their impact on the region. Medieval watermills, used for grinding grain and other purposes, mark the earliest industrial activity in the Tweed valley. Remnants of these mills, such as foundations and mill races, provide insights into historical technology and economy." 

More revised business cases and delays for Tweedbank 'masterplan'

by OUR LOCAL GOVERNMENT EDITOR

The first phase of urgently needed affordable homes for rent on the Lowood Estate in the Central Borders will not now be built before 2029, more than ten years after the local council paid £10 million for the site to accommodate a 'strategic expansion' of Tweedbank village.

According to the latest Strategic Housing Investment Plan [SHIP] published by Scottish Borders Council the first phase of 30 units of social housing to be constructed for Eildon Housing Association will start in 2029/30 with completion 'to be programmed'.

The three-stage process is designed to deliver 75-100 affordable homes as part of a larger estimated 300-400 houses and other mixed development. Phases two and three are now merely classed as 'pipeline' projects with no firm dates attached. And so far, there has been no public announcement about private housebuilders agreeing to help develop the designated Lowood housing zones.

A SHIP report produced in 2020 regretted that the first phase of 30 affordable units would "not be completed until financial year 2024/25" with 25 more becoming available in 2025/26. Now, the latest delayed timetable will mean at least a further five year wait before the first tenancies are allocated.

Earlier this year, council officers reported that the average number of bids per available social rented property in the Borders had doubled in the last five years from 17 to 34.

They commented: "With high demand, waiting times and higher numbers of homeless presentations, the social rented supply may not be performing as efficiently as it could. It remains challenging to deliver new build social rented stock at the necessary volumes".

It was back in 2019 that councillors approved the full business case for the Central Borders Business Park programme of works and wider Tweedbank expansion. And in 2021, Supplementary Planning Guidance set out the council's vision for the site.

But critics have claimed the controversial purchase of Lowood in 2018 did not represent value for money. They warned the local authority would require substantial external expenditure to meet the multi-million pound bill for infrastructure costs, and there was no guarantee major housebuilders would invest in the area due to a sluggish housing market.

Tweedbank is one of three so-called strategic housing sites which could benefit from grants from the Edinburgh & South-east Scotland City Region Deal. But before any money could be released, a further business case will be needed to convince those holding the purse strings.

Members of the City Deal joint committee were told in September 2023 that the Tweedbank housing business case would be available in winter 2023/spring 2024. But the latest committee meeting heard that date has now been rescheduled for "summer 2025". 

The committee was told in a recent report by Marjory Mackie, chair of the Deal's Housing Partners Group: "At the beginning of the year, the Scottish Government announced a budget cut of around £200 million from the national affordable housing programme budget. There is also limited availability of charitable bonds for the year ahead.

"The region’s six Local Authorities have experienced around a 24% cut to their individuals affordable housing programme budgets/Resource Planning Assumptions (RPAs) which is a total reduction of nearly £34 million. When compared with what could be delivered without the funding cut the region estimates that this year’s affordable housing approvals will be down by just over 640 homes and site starts will be down by nearly 420 homes and completions similar. This will have serious implications for future completions across affordable housing and housing of all tenures."

The newly published Borders housing investment programme explains: "While the SHIP sets out a potential pipeline over the next five years, it should be noted that delivery of 1,050 new homes is very ambitious and would require significant investment, including a substantial increase to our annual Affordable Housing Supply Programme (AHSP) allocation."

A more realistic figure would be 455, or around 90-100 new affordable homes per year. This is below the Borders affordable housing supply target of 141 per year up to the end of March 2028.

A seasoned observer of Borders local government said: "It is clear nothing of significance has moved forward on the Lowood estate since its purchase 6 years ago. Given the delays with the proposed housing programme, perhaps the SHIP report should be re-named SLIP".

We asked the City Deal for information about delays to the production of the Tweedbank housing business case, who was carrying out the work and why further work of this kind was necessary.

In reply, we were provided with this statement: "To enable our development of the Final Business Case, we are progressing with the preparation of a development plan (for homes, business and community space) which will inform revised costings, delivery approach and phasing of the next stages of development. 

"This work began over the summer and the initial phase is due to conclude in February with market testing and pursuit/ securing of financing/ funding to follow. The Phase Two extension of the office building at the Borders Innovation Park is in development with a programmed construction start in September 2025 (may come forward). We've also agreed an action to begin actively marketing business opportunities at Tweedbank/ Lowood with South of Scotland Enterprise (SOSE) through the Invest in South of Scotland platform."

 

Berwickshire family to fight on after judge orders them to vacate farm

by OUR COURT REPORTER

A Borders family who claim to have been defrauded of millions of pounds after their property was 'stolen' by bankrupt businessman Martin Frost will appeal a judgment ordering them to leave the farms they have worked for 60 years.

The Orrs, of Sunwick Farm in Berwickshire have failed in a bid to overturn a sheriff court decree in favour of UK Agricultural Lending Ltd. [UKALL] a finance company owed £3.25 million after Sunwick and Harcarse Hill farms were used as standard security for a loan.

It has been alleged the cash was used by Mr Frost to fund the failed Avocet Group of Companies, and that he defrauded the occupants of Sunwick after marrying one of the family, Janet Orr. Avocet shareholders have since complained to Police Scotland that Mr Frost had misappropriated their investments for his own use.

In a Court of Session judgment, Lord Braid has upheld the original plea by UKALL for possession of Sunwick while rejecting the case advanced by Alexander Orr and his mother Aileen that Alexander held a valid lease for the farm.

But Aileen Orr, a member of Scottish Borders Council who represented the family in court, told us this was not the end of the road, and there would be an appeal "based on fresh evidence".

Lord Braid states: "This commercial action arises out of a series of transactions which the pursuers (the Orrs) aver were part of an allegedly fraudulent scheme orchestrated by one Martin Frank Frost against them and the wider Orr family culminating in the theft (as the pursuers would have it) and imminent loss of the family farm which they have farmed for over 60 years."

The original decree, granted to UKALL in Jedburgh Sheriff Court in 2022 followed an action brought by it against Orrdone Farms Ltd (in administration) (previously known as Avocet Agriculture Ltd). That decree, it appears required Orrdone Farms Ltd, and its sub-tenants, dependants and others deriving a right to occupy the premises from it, to remove from Sunwick Farm and Greenwood Farm.

"The farm is occupied not by Orrdone Farms Ltd but by the pursuers, who also seek interdict preventing the defender from removing them from the farm, on the strength of averments that Alexander Orr is the lawful tenant of the farm by virtue of a lease granted in his favour dated 20 September 2016.

"The defender maintains that the lease is a sham and has either been fabricated so as to delay the pursuers’ removal, or at any rate, was never intended by either party to it to have legal effect; failing which, that despite the use of the term “lease”, it is not a lease under Scots law; and moreover, that it was entered into in bad faith."

According to Lord Braid, Mr Frost introduced himself to the Orr family in about 2012 having been aware of litigation in which they had been involved. He offered to help them. 

"He subsequently became romantically involved with the sister of Duncan Orr Senior and Andrew Orr (the now-deceased husband of Aileen Orr, and father of Alexander), Janet Orr, whom he married. At some stage he established a business under the “Avocet” banner, the precise nature of which remained unclear on the evidence, but involved innovative fuel technology for which Mr Frost claimed to hold valuable intellectual property rights. The precise extent to which the Orrs had a financial interest in that business is unclear. "

In November 2015, at the instigation of Mr Frost, a the family purchased Harcarse Hill, a small farm 'but one with a very desirable farmhouse, for the use/residence of Mr Frost and his Avocet business', at a price of £1.2 million. 

The loan to pay for Harcarse Hill was later re-financed by UKALL. The arrangement was changed to facilitate a £3.25 million loan to Avocet Agriculture, a company controlled by Mr Frost  The Orrs maintain they were unaware of the true position.

Lord Braid's judgment reveals that UKALL has raised actions for payment against Duncan Orr Senior, Duncan Orr Junior, Alexander Orr and John Orr, founding on the guarantees granted by those individuals in respect of the loan to Avocet Agriculture Ltd. But those actions are all defended on the grounds that the guarantees were fraudulently obtained, and are presently due to proceed to proof in April 2025. 

The Orrs claimed that the purported signatures of Andrew Orr and Duncan Orr Senior on the original standard securities were forged, and that the loan was not received by Hamilton Orr Ltd., a company with family connections.

But the judgment concluded there was insufficient evidence that the Orr signatures were forged

"There are aspects of the transaction which raise suspicions (as does the subsequent name change of Avocet Agriculture Ltd to Orrdone Farms Ltd, signifying, as it does, that the Orrs have been 'done'; but that in itself is an insufficient basis upon which to find that a fraud was committed - it may simply indicate that they agreed to a poor bargain). 

"However, I am unable, on the evidence, to conclude that the transfer of the property to Avocet Agriculture Ltd was a fraud perpetrated on the Orrs by Mr Frost. The fact is that the circumstances do not come close to establishing that substantial justice requires the sheriff court decree to be reduced; they point in the other direction - that justice requires the decree to remain intact and enforceable".

The judge said Mrs Orr indicated that in the event the family members were unsuccessful they would wish to stay on the farm until the police investigation was completed. 

"That would not be appropriate but I will be sympathetic to a motion that the pursuers be afforded a reasonable period to make an orderly removal from the farm and to make arrangements for their livestock to be moved elsewhere."

A defiant Aileen Orr said: "There will be an appeal. The farming community will be thinking Sunwick is for sale now. It isn't".