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Perth Common Good Fund Committee - 26 February 2014

A Meeting of the Perth Common Good Fund Committee will be held in the Council Chambers, Fourth Floor, Council Building, 2 High Street, Perth on Wednesday 26 February 2014 at 11.00am.

Members:

Councillor J Coburn (Convener), B Band, P Barrett, D Doogan, J Flynn, C Gillies, A Grant, E Maclachlan, A MacLellan, I Miller, A Munro, A Stewart, H Stewart and W Wilson.

Agenda:

1.        Welcome and Apologies

2.        Declarations of Interest

3.        Minute of Meeting of 11 December 2013 for approval and signature

4.        Matters Arising

5.        Common Good Status of Land at Perth Harbour

            The Perth Common Good Fund Committee is asked to note the Opinion of Senior Counsel on the common good status of Perth Harbour and the effect of this Opinion on the Council's understanding of the extent of Common Good land at Perth Harbour.

            Property which was held by the former Perth Town Council forms part of the Common Good of Perth unless it was either acquired using statutory powers or for a statutory purpose (e.g. land for social housing) or is held under a special trust. Perth and Kinross Council owns all common good property in the City of Perth as successor to the former Town Council and must administer it having regard to the interests of the inhabitants of Perth. This duty is discharged by Perth Common Good Fund Committee.  

            Until recently, it was understood that Council-owned land within the core Harbour area had been acquired by the "Provost, Baillie, Councillors, Citizens, Burgesses and Community of the Royal Burgh of Perth" under the Royal Charter of 1601 of King James VI. All land which was granted in terms of this Charter is deemed to be Common Good land.
As a result, until recently, all rental income from Council-owned land within the core Harbour area accrued to the Perth Common Good Fund.
During a recent review of the Council's title to the core Harbour area, it became apparent that some of the Harbour area had not, after all, been granted by the Charter but had been acquired using statutory powers. In addition, some land had been acquired by the former Perth and Kinross District Council and had never been held by the former Burgh.

            To put matters beyond doubt, the Opinion of Senior Counsel was sought on the Council's title to the Harbour area. He examined each of the title deeds which make up the Council's ownership in the Harbour area and concluded that, of the land which had been held by the former Burgh, some parts had indeed been acquired using statutory powers and were not part of the Common Good of Perth.
Following receipt and consideration of the Opinion, a plan was prepared showing what is now understood to be respectively Common Good land and non-Common Good land at the Harbour. This plan was e-mailed to all members of the Perth Common Good Fund Committee following the Perth Common Good Fund Committee Meeting held on 11 December 2013.

            As a result of the re-assessment of the Common Good status of land within the core Harbour area, Perth Common Good Fund Committee was advised (Report of 11 December 2013 (13/576)) that the rental income accruing to the Perth Common Good Fund was to be abated by £18,000 as of 01 April 2013.

6.        icon Perth Harbour [2Mb] - Report by Executive Director (Environment) (copy herewith 14/71) (Pages 5-20)

7.        icon Applications for Financial Assistance [141Kb] - Report by Depute Director (Environment) (copy herewith 14/72) (Pages 21-32)

8.        icon South Inch Pavilion Franchise Agreement [284Kb] - Report by Depute Director (Environment) (copy herewith 14/73) (Pages 33-40)

9.        icon 2013/14 Financial Statement [135Kb] - Joint Report by Head of Finance & Executive Director (Environment) (copy herewith 14/74) (Pages 41-48)

IT IS RECOMMENDED THAT THE PUBLIC AND PRESS SHOULD BE EXCLUDED DURING CONSIDERATION OF THE FOLLOWING ITEM IN ORDER TO AVOID THE DISCLOSURE OF INFORMATION WHICH IS EXEMPT IN TERMS OF SCHEDULE 7A TO THE LOCAL GOVERNMENT (SCOTLAND) ACT 1973

P1.    2 - 4 North Methven Street, Perth - Proposed Repairs - Report by Depute Director (Environment) (copy issued under separate cover 14/75)