At tonight's online meeting of Nairn West and Suburban Community Council the chair, Sheena
Baker, asked Brian Stewart to outline the current feeling of her
organisation in relation to the Highland Council proposal to sell the
Sandown Common Good Land. Brian said:
“Our view and we have
discussed this in preparatory discussions of West and Suburban
Community Council is that the sale proposal as currently set out
should not proceed. And most of you, I suspect, will already have
seen public comments made by Sheena as chair on the views and
concerns that this community Council has. In summary:
We are unhappy with the
idea that this should proceed. Firstly because the current Covid
constrictions and costraints prevent proper public consultation and
discussion. Secondly, because in our view this is the wrong time to
attempt to sell our prize principal asset, with the economy in
recession, land prices depressed, the Common Good will not secure
best value. Thirdly it is our view that the case for selling the
land at this time and in this way has simply not been made. There is
no rationale and there is no business case presented to the public.
Fourthly, other options apart from sale have not been considered and
assessed. This proposal, as it has been put out for consultation, is
to sell the entire site as a single deal to a large developer because
who else is going to buy it as a job lot. Possibilities such as long
leases, phased partial sale, community self-build, local buy-out and
many other variations at least need to be evaluated.
The Sandown Common Good Lands This underlines our
central concern that there is no policy and no strategy for managing
Nairn's Common Good, or if there is we have no real idea of what it
might be and the community certainly hasn't been consulted about the
policy. So as well as opposing the principal of this proposal at this
time, we believe that, especially given the law on engagement with
communities, we as a community should be involved in the policy
making and priority setting from the earliest stages. For that reason
we have collectively agreed that we will also wish to submit a formal
participation request asking that we be given the opportunity to take
part in setting the policy – not just commenting on proposals that
have already been drawn up without our knowledge. So at this point
I'm going to pass the virtual microphone over to Bill who is going to
explain in more detail what it is that we envisage doing by way of
action on the Sandown proposal.”
Bill Said: “There's
two elements of this, there's the consultation which Brian will
perhaps come back too shortly and the second element is the
participation request to invite ourselves in to be part of the
future management of the Sandown Land and we recall Mr Gillfillan in
2012 reading the Riot Act to the Community Councils, telling them
there was actually no place for a Community Council in the management
of the Common Good Fund. What since has changed is section 22 of the
Community Empowerment Act which makes it very much right that
Community Councils do now have a place at the table and we'd like to
exercise it.
The outcome, or the
rationale, is to improve the outcome. At the moment Highland Council
are hopelessly, and hopelessly, conflicted – for no fault of the
current trustees, the Council appear to to have tried to help
themselves to £344,000 worth of the Sandown Land, it's represented
in the Council accounts of 2014 as an asset. There's two things which
are wrong with that. The first is that in general trust law, the
trustees are not allowed to acquire the assets of the ward. And the
second thing is they didn't take title to a specific area, it's
£344,000's worth of the whole. So, the point of law is that you are
not allowed to get your funds as a trustee mixed up with the funds of
the ward. So there's two things wrong with that.
Now there was a
previous planning application in 2018 which was first office of
estate, it was an environmental assessment for part of the land, not
the whole of it. Now that came to grief for various reasons and,
which was all reported in the Nairnshire, and now this is now a
reincarnation. There's a document from the Council – strategic
housing which identifies Council owned sites suitable for housing and
on that the first application was for something like 80 houses, it's
now been cut down to 50 houses. Now, there's no part of a Common Good
Fund is appropriate, sorry no function of a Common Good Fund is to
provide housing. It's just not right, and the Common Good Land was
acquired 400 years ago and if there were some need for a Common Good
Fund to provide housing there would be some examples of that right
now. So for first principles it's wrong. We think, or we want to make
the representation that the Council need assistance to overcome their
conflict of interest. Now we have no conflict of interest, we are
100% on the side of the Common Good.
The Council were never,
ever elected to deal with the Common Good. What the guy in
Achiltibuie, well, his interest in Nairn's Common Good Fund will be
absolutely nil other than the fact that some of the money we are now
spending from the Common Good to support things in Nairn which ought
to be provided by the Council will mean that there is more money for
him in Achilitibuie. So that is why we want to invite ourselves in to
participate. It's not to be negative, we just want to be sure that we
sell the ground for the right reasons, at the right time and we
comply with the law. We've drafted a draft and it's now being
finnessed by some other members of the Community Council to smooth
some of the rough edges if you like and I think we have already
agreed that from a policy point of view we are going to launch that
in the appropriate time.”
Bill referred to the
time allowed for this item and offered to move on. He was in fact
told by Ally MacDonald who was running the Zoom session that there
was still 10 minutes allocated. He added:
“I think I've really
said it all, this is a fairly technical document, we need to get it
right. We have to comply with the law and we have to ensure that we
give the appropriate reasons and we have a number of examples of
conflict of interest. In fact far too many and I think we will, will
finnesse it up and look at it and see what happens. It can't really
do any harm and it might do some good.”
Brian Stewart then
spoke again mentioning that the participation request was one avenue
but they could also engage in the process of consultation as it goes
forward. He added that they thought it should be deferred but they
intended that step one of their action should be to submit the
participation request and thereafter they would aim to, as it were,
do more homework on the issue of the Sandown sale itself. He asked if
everyone was willing to see the participation request go forward as
outlined.
Sheena Baker, then
said: “OK so we know that Bill has drafted it and we know that
there are one or two other people are reviewing it with him, so it is
not ready to roll yet. I need from Nairn West and Suburban the OK for
us to submit this participation request as and when it is ready to
go. Everyone happy?”
The other members gave
their consent. Shena continued, “But we do just feel very, very
much at the moment that this consultation is happening when the
public cannot participate. That is wrong, that is fundamentally wrong
and we are taking the other action that you have heard today.”
Later in the meeting
Tom Heggie was asked some questions about the proposed sale and this
too turned into an extensive session, we will report some of this
later this week if time permits.