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South Ayrshire Council - 12 October 2023

South Ayrshire Council - 12 October 2023

Notice of meeting

South Ayrshire Council Agenda 12 October 2023 (PDF) [63KB]

Agenda

1.       Provost.

2.       Sederunt and Declarations of Interest.

3.       Minutes of meetings of the Council and Panels.

          (a)     Minutes of previous meetings.

                   Submit for approval as a correct record and authorise to be signed:-

                    (i)     To be approved - Draft Minute of 29 June 2023 South Ayrshire Council (PDF) [313KB]

                   (ii)    Draft Minute of South Ayrshire Council (Special) 15th September 2023 (PDF) [170KB]  

                   (copies herewith).

          (b)     Minutes of Panels.

                    The minutes (copies previously issued) of the undernoted meetings are for noting:-

                   (i)      Audit and Governance Panel of 31 May, 28 June and 6 September 2023

                   (ii)      Cabinet of 20 June and 29 August 2023.

                              In accordance with the Scheme of Delegation and Standing Orders for Meetings, the recommendations in the minutes as                                            contained in the 'C' paragraph have been referred to the Council for decision: 

                              o  Minutes of 29 August 2023 - "Treasury Management Annual Report 2022/23"

                               (copy of Minute Excerpt (PDF) [253KB] herewith).

                   (iii)     Chief Officers' Appointments/Appraisal Panel of 27 June and 28 June 2023.

                   (iv)     Local Review Body of 20 June and 22 August 2023

                   (v)     Regulatory Panel - Licensing of 25 May, 22 June and 31 August 2023.

                   (vi)     Regulatory Panel - Planning of 11 May and 27 June 2023.

                   (vii)    Service and Partnerships Performance Panel of 13 June and 22 August 2023.

                                        

4.       Agenda Item No 4 Results of Local Government By-Election 2023 - Girvan and South Carrick (PDF) [76KB]  - Results of Local Goverment By-Election 2023 - Ward 8 - Girvan and South Carrick - Submit report by Chief Executive (copy herewith).

 

5.      Agenda Item No. 6 Appointments to Panels and Working Groups (PDF) [88KB]    Appointments to Panels and Working Groups (including Change to Vice-Chair of South Ayrshire Integration Joint Board)- Submit report by Head of Legal and Regulatory Services  (copy herewith).

 

6.       Agenda Item No 6 Standing Orders Relating to Meetings (PDF) [87KB] - Standing Orders Relating to Meetings - Submit report by Head of Legal and Regulatory Services(copy herewith).

 

7.       Agenda Item No 7 SAC LLP (Nominees) Limited (PDF) [77KB]  - SAC LLP (Nominees) Limited - Submit report by Head of Legal and Regulatory Services(copy herewith).

 

8.       Agenda Item No 8 Report on the Public Engagement on Relocation of Troon Early Years Centre (PDF) [7MB] - Report on the Public Engagement on Relocation of Troon Early Years Centre - Submit report by Director of Education (copy herewith).

 

9.       Notice of Motion

           Moved by Councillor Bob Pollock, seconded by Councillor Martin Dowey:-

"Following recent events relating to the Station Hotel in Ayr, it has become clear through the practical experiences of this Council as the Building Standards Authority, that the obligations under Section 29 and 30 of the Building (Scotland) Act 2003 can place a significant undue financial burden on a Local Authority in circumstances where a building becomes a danger to the public and its owner is absent.

 

The Council is obligated under the legislation to carry out the works necessary to maintain public safety, and these costs can be significant and ongoing with no obvious conclusion or backstop position. This has been the case with Ayr Station Hotel, in dealing with an absentee landlord, and with significant expense being incurred by the Council and in turn its taxpayers over several years.

 

 Quite rightly Councils have duties to protect public safety from dangerous buildings, but it is an invidious position that the Council has limited powers to ensure in so doing that their costs are met.  With many of our historic buildings reaching an age where, without adequate maintenance,  they could become a danger to the public,  I have a real concern that in the near future we will see many more problems arising  similar to that of the Ayr Station Hotel, with the Council and the public purse having to deal with the situation. I am also aware that this is a concern shared by other public rescue services.

 

My motion is to request that Council asks the Chief Executive to formally write to the Scottish Government, seeking a review of the legislative powers under the Building (Scotland) Act 2003 relating to dangerous buildings. The specific review that is being requested relates to circumstances where a property owner fails to maintain their building in a safe manner.  In these circumstances when carrying out their statutory obligations, appropriate financial protection should be provided to Councils to enable us to carry out our duties, but with protection over the scale of costs and also easier and quicker means of Compulsory Purchase of the building when appropriate."

 

10.    Formal Questions (PDF) [12KB]  Formal Questions.

 

11.     Affordable Housing Proposals, Ayr - Submit report by Depute Chief Executive and Director of Housing, Operations and Development (Members Only).

 

12.     Consideration of Disclosure of the above Confidential Report.

           

Meeting papers

Combined File South Ayrshire Council 12th October 2023 (PDF) [8MB]

 

Meeting recording

The recording of this meeting can be viewed on our Webcasting channel.

 

Minute

South Ayrshire Council Minute of 12th October 2023 (PDF) [117KB]