The Inverclyde Council

Thursday 7 October 2004 at 4.00 pm

Present:   Provost Rebecchi, Councillors Blair, Forbes, Fyfe, Gallacher, Hill, Hunter, McCabe, McCormick (M), McCormick (P), McKenzie, Mitchell, Moran, Nimmo, Roach, Robertson, Snoddy, Stewart, Tucker and White.

Chair:  Provost Rebecchi presided. 

In attendance:  Chief Executive, Depute Chief Executive, Director of Community Services, Director of Corporate Services, Director of Education Services, Mr G Douglas (for Director of Legal and Support Services), Director of Social Work Services, Mr N McLaren (for Head of Planning Services), Head of Property Services and Head of Transportation and Roads Service.

685

Standing Orders and Scheme of Administration

685

The Provost moved that the Council agree with immediate effect that (a) the application of those Standing Orders requiring the classification of items for action or for noting on Committee and Council agendas and, consequently, a requirement for prior notice of questions on those items classified for noting viz. the relevant parts of Standing Orders 18, 45, 59 and 60 be suspended until completion of their review by the Standing Orders Working Group and (b) that this matter be further discussed as part of future consideration by the Standing Orders Working Group, all subject to suspension of the relevant Standing Orders.

Decided:

(1)      that it be agreed unanimously to suspend the relevant Standing Orders;

(2)      that the application of Standing Orders be suspended with immediate effect until completion of their review as detailed above;  and

(3)      that the matter be reviewed as part of future consideration by the Standing Orders Working Group.

Minutes of Meetings of

The Inverclyde Council, Committees and Sub-Committees

686

The Inverclyde Council - 17 June 2004

686

Approved on the motion of Provost Rebecchi.

687

Licensing and Registration Panel - 29 June 2004

687

Approved on the motion of Councillor Snoddy.

688

Environment and Regeneration Committee - Shortlisting Sub-Committee - 15 June 2004

688

Approved on the motion of Councillor Fyfe.

689

Community Committee (Special) - 29 July 2004

689

Approved on the motion of Councillor Stewart.

690

Planning and Traffic Management Committee - 4 August 2004

690

Approved on the motion of Councillor Forbes.

691

Licensing and Registration Panel - 11 August 2004

691

Approved on the motion of Councillor Snoddy.

692

Environment and Regeneration Committee - Interview Sub-Committee - 12 August 2004

692

Approved on the motion of Councillor Fyfe.

693

Personnel (Appeals and Applied Conditions of Service) Sub-Committee - 16 August 2004

693

Approved on the motion of Councillor Stewart.

694

Education and Lifelong Learning Committee - 24 August 2004

694

Approved on the motion of Councillor Mitchell seconded by Councillor Tucker.

695

Community Committee - 26 August 2004

695

Approved on the motion of Councillor Hunter.

696

Health and Social Care Committee - 31 August 2004

696

Approved on the motion of Councillor Nimmo.

697

Planning and Traffic Management Committee - 1 September 2004

697

Approved on the motion of Councillor Forbes.

698

Audit Committee - 2 September 2004

698

Approved on the motion of Councillor McCabe

699

Environment and Regeneration Committee - 7 September 2004

699

Approved on the motion of Councillor Fyfe seconded by Councillor Forbes.

700

Licensing and Registration Panel - 8 September 2004

700

Approved on the motion of Councillor Gallacher.

701

Grants Sub-Committee - 9 September 2004

701

Approval of the minute as a correct record was moved by Councillor Hunter seconded by Councillor Stewart subject to the insertion of a declaration of a personal interest by Councillor Robertson relative to the application by Greenock Light Opera Club and to Councllor Robertson’s subsequent withdrawal from the meeting for this item.  Councillor Hunter seconded by Councillor Stewart moved with reference to paragraph 620 (Waiver of Lets) that the decision of the Committee as minuted be approved but rephrased as follows: “That £14,000 be allocated within the Grants to Voluntary Organisations Budget to allow requests for a waiver of let from qualifying applicants to be determined and paid by the Director of Community Services”.

As an amendment, Councillor Robertson seconded by Councillor McCabe moved that requests for a waiver of let continue to be dealt with through the Sub-Committee.

On a vote, 7 Members voted for the amendment and 12 for the motion which was declared carried.

Decided:  that the minute as corrected and amended by Councillor Hunter’s motion be approved.

702

Best Value and Corporate Services Committee - 9 September 2004

702

Approved on the motion of Councillor White.

703

The Inverclyde Council (Special) - 9 September 2004

703

Approved on the motion of Provost Rebecchi.

704

Personnel (Appeals and Applied Conditions of Service) Sub-Committee - 14 September 2004

704

Approved on the motion of Councillor Stewart.

705

Policy and Strategy Committee - 21 September 2004

705

Approved on the motion of Councillor Blair seconded by Councillor Forbes subject to amendment to paragraph 658 (Budget Contingency) to allow a report to be submitted to the next meeting of the Policy and Strategy Committee on Quality of Life Projects with a value of no more than £120,000 based on suggestions by Officers and Members of the Minority Groups.

Decided:  that the minute as amended be approved.

706

The Inverclyde Council (Special) - 23 September 2004

706

Approved on the motion of Provost Rebecchi.

707

Education and Lifelong Learning Committee (Special) - 27 September 2004

707

It was noted that this minute had been approved at the special meeting of The Inverclyde Council on 30 September 2004.

708

Policy and Strategy Committee (Special) - 28 September 2004

708

It was noted that this minute had been approved at the special meeting of The Inverclyde Council on 30 September 2004.

709

The Inverclyde Council (Special) - 30 September 2004

709

Approved on the motion of Provost Rebecchi.

710

Policy and Strategy Committee (Special) - 5 October 2004

710

Approval of the minute as a correct record was moved by Councillor Blair seconded by Councillor Hill subject to amendment at paragraph 4(ii)(a) to read as follows:  “that a report be submitted to the next meeting of the Committee on the position, functions and gradings of the post of Head of Personnel Services and that in the meantime the salary of the position be fixed at £54,324 on an interim basis” and to paragraph 10 by the addition of the following: “and that cash collection be incorporated into Corporate Services”.  Councillor Blair seconded by Councillor Hill moved that Standing Orders be suspended to allow confirmation of the decision at paragraph 678 (Chief Officers Review) subject to the amendments detailed above.  As an amendment, Councillor McCabe seconded by Councillor Robertson moved that Standing Orders be suspended and that the Council decide the following:

(1)      that agreement be given to establish a Cross Party Working Group to review Childcare provision and make recommendations to the Committee;

(2)      that the salaries and conditions of third tier Officers and the structure within Services be reviewed as detailed in paragraph 6.3 of the report as part of a review of structures at third tier level by appropriate Committees;

(3)      that the Performance Review and Development Scheme introduced for Chief Officers not form part of the mechanism for determining Chief Officers' salaries;

(4)      that the structures and salary grades for Heads of Service as detailed in Appendix 3 be approved with effect from 1 April 2003, with the exception of the post of Head of Finance and Administration and that this post be retained within Social Work Services;  that the Labour Group’s concerns about previous changes be noted; that Heads of Service be paid an agreed percentage of Directors' salaries and that all Heads of Service posts be sized to the same salary level with Heads of Service fulfilling statutory roles being awarded one additional increment;

(5)      that agreement in principle be given to the regrading of the posts of Depute Chief Executive and Directors subject to the Depute Chief Executive and Directors being paid an agreed percentage of the Chief Executive's salary and that the regrading be effective from 1 April 2003;

(6)      that agreement not be given to the further integration of Services outlined in paragraph 5.6 of the report with effect from 1 April 2005, including the requirement for interviews, and the subsequent regrading of the Depute Chief Executive, Directors and Heads of Service from that date;

(7)      that it be noted that all cost implications will be contained within the overall budget framework including Reserves for previous year costs; and

(8)      that consultation take place with the relevant Officers and their trades unions prior to any final decision being taken on the matters outlined above.

The Council agreed unanimously to the suspension of Standing Orders to allow consideration of the motion and amendment.  On a vote, 7 Members voted for the amendment and 11 for the motion which was declared carried.

Decided:  that the minute as amended by Councillor Blair’s motion be approved.

711

Planning and Traffic Management Committee - 6 October 2004

711

Approval of the minute as a correct record was moved by Councillor Forbes seconded by Councillor Mitchell.  Councillor Forbes seconded by Councillor Mitchell moved with reference to paragraph 681(b) (Construction of Class 1 Foodstore and Associated Works:  Newark Street, Port Glasgow (IC/04/101)) that the decision of the Committee as minuted be approved.  As an amendment, Councillor Robertson seconded by Councillor Stewart moved:-

(a) that the application be referred to the Scottish Executive under the Town & Country Planning (Notification of Applications) (Scotland) Direction 1997 as the size of the store (1720sq.m.) is deemed to be significant in terms of the Glasgow and Clyde Valley Joint Structure Plan (over 1000sq.m.) recommending that planning permission be granted subject to the following conditions together with a statement that the Council is minded to grant planning permission for the benefit of the inhabitants of Port Glasgow:-

(1)      that the development hereby permitted shall be commenced within 5 years of the date of the permission, to comply with Section 58 of the Town and Country Planning (Scotland) Act 1997;

(2)      that no permission is granted for the proposed building materials detailed on the approved plans and development shall not begin until materials have been submitted to and agreed in writing by the Head of Planning Services.  Development shall thereafter be carried out using the approved materials or such alternatives as may be agreed in writing with the Head of Planning Services, to ensure that the development does not detrimentally affect the setting and prominence of the adjacent Gourock Ropeworks listed building;

(3)      that development shall not begin until details of a scheme of hard and soft landscaping works have been submitted to and approved by the Head of Planning Services.  Details of the scheme shall include:

(i)       existing and finished ground levels in relation to a fixed datum;

(ii)      location and design, including materials of walls, fences, gates and car parking and vehicle circulation areas;

(iii)      soft landscaping works, including location of new trees, shrubs and grassed areas, detailing species, plant sizes and proposed numbers/densities; and

(iv)     programme for completion and subsequent maintenance;

and that any trees or shrubs which, in the opinion of the Head of Planning Services are dying, severely damaged or diseased within 5 years of planting shall be replaced by trees or shrubs of a similar specification to those originally planted, to ensure an appropriate landscape setting for development;

(4)      that the Drainage Impact Study as submitted shall be implemented in full.   Any alteration to the approved study shall be submitted to and approved in writing by the Head of Planning Services prior to works being undertaken, to ensure that as a consequence of development there are no adverse impacts on the existing drainage system;

(5)      that prior to commencement of any site works, a comprehensive contaminated land investigation shall be submitted to and approved by the Head of Planning Services in writing.  The investigation shall be completed in accordance with a recognised code of practice such as British Standards Institution "The investigation of potentially contaminated sites - Code of Practice (BS 10175: 2001)".  The report must include a site-specific risk assessment of all relevant pollutant linkages, as required in Scottish Executive Planning Advice Note 33, to ensure potential risks from previous site uses have been fully assessed;

(6)      that where the risk assessment identifies any unacceptable risk or risks as defined under Part IIA of the Environmental Protection Act 1990, a detailed remediation strategy shall be submitted to the Head of Planning Services for approval.  No works, other than investigative works, shall be carried out on the site prior to receipt of written approval of the remediation strategy by the Head of Planning Services, to ensure the proposed remediation plan is suitable;

(7)      that remediation of the site shall be carried out in accordance with the approved remediation plan.  Any amendments to the approved remediation plan shall not be implemented unless approved in writing by the Head of Planning Services, to ensure remedial works are carried out to the agreed protocol;

(8)      that on completion of the remediation works and prior to the site being occupied, the developer shall submit a report to the Head of Planning Services confirming that the works have been carried out in accordance with the remediation plan, to provide verification that remediation has been carried out to the satisfaction of the Head of Planning Services;

(9)      that the presence of any previously unsuspected or unencountered contamination that becomes evident during the development of the site shall be brought to the attention of the Head of Planning Services within one week.  At this stage, a comprehensive contaminated land investigation shall be carried out if requested by the Head of Planning Services, to ensure all contamination within the site is dealt with; and

(10)    that the store may not commence operation until such time as all works required by conditions (3) - (9) have been implemented in full to the satisfaction of the Head of Planning Services, to ensure that the development is complete with due regard to the design, townscape, road safety and public safety prior to the commencement of its operation; and

(b)      that the Director of Corporate Services instigate the necessary Road Closure Order under Section 207 of the Town & Country Planning (Scotland) Act 1997 as incorporated within the proposed development and that, on confirmation of the Order, planning permission be granted.

On a vote, 8 Members voted for the motion and 10 for the amendment which was declared carried.

Decided:  that the minute as amended be approved.

712

Standards Committee

712

There was submitted a report dated 30 September 2004 by the Chief Executive requesting the Council to appoint a Chair of the Standards Committee.

Decided:  on the motion of Councillor Blair seconded by Councillor McCabe that the Provost be appointed as Member and Chair of the Standards Committee and that Councillor Robertson be appointed as a Member of the Committee.

713

Byelaws for the Regulation of the Cleaning of Common Property

713

There was submitted a report by the Director of Corporate Services on proposed byelaws for the regulation of the cleaning of common property in terms of the Civic Government (Scotland) Act 1982.  It was noted that the byelaws had been recommended for approval by the Environment and Regeneration Committee on 7 September 2004.

Resolved on the motion of Councillor Fyfe seconded by Councillor Forbes that “THE INVERCLYDE COUNCIL incorporated under the Local Government etc (Scotland) Act 1994 RESOLVE TO MAKE as they HEREBY MAKE in terms of Section 92 of the Civic Government (Scotland) Act 1982 byelaws in relation to the regulation of the cleaning of common property, all as detailed in a copy of the byelaws forming a supplement to the principal minute hereof” and that the Head of Housing Services and Director of Legal and Support Services be authorised to take all necessary action in connection therewith.

714

Provisional Tree Preservation Order - “Avenel”, Knockbuckle Road, Kilmacolm

714

There was submitted a report dated 10 September 2004 by the Director of Corporate Services relative to the making of a provisional Tree Preservation Order at “Avenel”, Knockbuckle Road, Kilmacolm which had been recommended for approval by the Environment and Regeneration Committee on 7 September 2004.

Resolved on the motion of Councillor Fyfe seconded by Councillor Forbes that “THE INVERCLYDE COUNCIL as Planning Authority in exercise of the powers conferred on it by Section 163 of the Town & Country Planning (Scotland) Act 1997 RESOLVE TO CONFIRM as they HEREBY CONFIRM “The Inverclyde Council (“Avenel”, Knockbuckle Road, Kilmacolm) (First) Tree Preservation Order No IC28;  all as specified in the Provisional Order forming a supplement to the principal minute hereof” and that the Head of Planning Services and the Director of Legal and Support Services take all necessary action in connection therewith.

715

Proposed Traffic Regulation Order - Minerva Terrace, Greenock

715

There was submitted a report by the Director of Corporate Services relative to the making of the Traffic Regulation Order - Minerva Terrace, Greenock in terms of the Road Traffic Regulation Act 1984 and Roads (Scotland) Act 1984 and associated Regulations.  It was noted that the making of the Order had been recommended for approval by the Planning and Traffic Management Committee on 1 September 2004.

Resolved on the motion of Councillor Forbes seconded by Councillor Fyfe that “THE INVERCLYDE COUNCIL incorporated under the Local Government etc (Scotland) Act 1994 RESOLVE TO MAKE as they HEREBY MAKE a Resolution under Sections 1(1), 2(1) and 2(2) and Part III of Schedule 9 of the Road Traffic Regulation Act 1984 to introduce one way only driving in Minerva Terrace, Greenock all as detailed in a copy of the Order forming a supplement to the principal minute hereof” and that the Head of Transportation and Roads Service and Director of Legal and Support Services be authorised to take all necessary action in connection therewith.

716

Proposed Traffic Regulation Order - Kilblain Street, Greenock

716

There was submitted a report by the Director of Corporate Services relative to the making of the Traffic Regulation Order - Kilblain Street, Greenock in terms of the Road Traffic Regulation Act 1984 and Roads (Scotland) Act 1984 and associated Regulations.  It was noted that the making of the Order had been recommended for approval by the  Planning and Traffic Management Committee on 4 August 2004.

Resolved on the motion of Councillor Forbes seconded by Councillor Fyfe that “THE INVERCLYDE COUNCIL incorporated under the Local Government etc (Scotland) Act 1994 RESOLVE TO MAKE as they HEREBY MAKE a Resolution under Sections 1(1), 2(2) to (3) and Part IV of Schedule 9 of the Road Traffic Regulation Act 1984 to introduce waiting and loading restrictions in Kilblain Street, Greenock all as detailed in a copy of the Order forming a supplement to the principal minute hereof” and that the Head of Transportation and Roads Service and Director of Legal & Support Services be authorised to take all necessary action in connection therewith.

The Provost being of the opinion that the undernoted report by the Chief Executive was relevant, competent and urgent moved its consideration to allow the Council to consider the procedure for admission of persons as honorary freemen of Inverclyde at the earliest opportunity.   This was unanimously agreed in terms of the relevant Standing Order.

717

Freedom of Inverclyde

717

There was submitted a report dated 5 October 2004 by the Chief Executive proposing a procedure for admission of persons as honorary freemen of Inverclyde under Section 206 of the Local Government (Scotland) Act 1973.

Decided:  that the matter be referred to a Cross-Party Working Group comprising the Provost, Councillors Blair, McCabe and McCormick (M) for consideration and that this be the subject of a further report to the Council.

The Provost being of the opinion that the undernoted report by the Director of Corporate Services was relevant, competent and urgent moved its consideration to allow the Council to consider the making of the relevant Order at the earliest opportunity.  This was unanimously agreed in terms of the relevant Standing Order.

718

Redetermination of Means of Exercise of Public Right of Passage Order - A770 Road, Gourock

718

There was submitted a report by the Director of Corporate Services relative to the making of the Redetermination of Means of Exercise of Public Right of Passage Order - A770 Road, Gourock in terms of the Roads (Scotland) Act 1984.  It was noted that the making of the Order had been recommended for approval by the Planning and Traffic Management Committee on 6 October 2004.

Resolved on the motion of Councillor Forbes seconded by Councillor Fyfe that “THE INVERCLYDE COUNCIL incorporated under the Local Government etc (Scotland) Act 1994 RESOLVE TO MAKE as they HEREBY MAKE a  Resolution under Sections 1(1), 2(1) and 152(2) of the Roads (Scotland) Act 1984 to permit the Redetermination of the Means of Exercise of Public Right of Passage of the A770 Road, Gourock for shared use by cycles and pedestrians, all as detailed in a copy of the Order forming a supplement to the principal minute hereof” and that the Head of Transportation and Roads Service and the Director of Legal and Support Services be authorised to take all necessary action in connection therewith.

719

Draft Inverclyde Council Annual Accounts for 2003/04

719

There was submitted a report dated 24 September 2004 by the Director of Corporate Services submitting the Draft Accounts of Inverclyde Council for the year to 31 March 2004.

Decided:  that the Draft Accounts for Inverclyde Council for the year to 31 March 2004 be noted and that it be noted that the External Auditors have confirmed that the Council will receive a clean audit certificate for 2003/04.

720

Submission of Amended Race Equality Scheme

720

There was submitted a report by the Director of Corporate Services advising of the use of the powers delegated to the Chief Executive to submit a revised Race Equality Scheme to the Commissioner for Racial Equality.

Noted

721

Dundee City Council - Petition to Scottish Parliament: Powers in Relation to Planning Appeals

721

There was submitted a report dated 10 September 2004 by the Director of Corporate Services advising of the use of the powers delegated to the Chief Executive to decline to give support to the petition by Dundee City Council seeking to amend the current planning legislation allowing for appeals against decisions by a planning authority.

Noted

It was agreed in terms of Section 50A(4) of the Local Government (Scotland) Act 1973 as amended, that the public and press be excluded from the meeting on the grounds that consideration of the following item involved the likely disclosure of exempt information as defined in Paragraph 13 of Part I of Schedule 7(A) of the Act, and that consideration of the item thereafter involved the likely disclosure of exempt information as defined in the respective paragraphs of Part I of Schedule 7(A) of the Act as detailed in the Minute of the relevant Committee or Sub-Committee.

722

Provisional Tree Preservation Order

722

There was submitted a report dated 10 September 2004 by the Director of Corporate Services on a proposed provisional Tree Preservation Order and the Council resolved to make the said Order all as detailed in the Appendix.

Appendices to Minutes

723

Personnel (Appeals and Applied Conditions of Service) Sub-Committee - 16 August 2004

723

Approved on the motion of Councillor Stewart.

724

Environment and Regeneration Committee - 7 September 2004

724

Approved on the motion of Councillor Fyfe.

725

Personnel (Appeals and Applied Conditions of Service) Sub-Committee - 14 September 2004

725

Approved on the motion of Councillor Stewart.