CC/BM/11
CROFTERS COMMISSION
MINUTES OF THE BOARD MEETING OF
THE CROFTERS COMMISSION HELD IN GREAT GLEN HOUSE, INVERNESS
ON THURSDAY 18 AUGUST 2011
Present:
Drew Ratter (Convener)
Angus McHattie (Commissioner)
Ronnie Eunson (Commissioner)
Murdo MacLennan (Commissioner)
Robin Currie (Commissioner)
Davie MacLeod (Commissioner)
Isobel MacPhail (Commissioner) (Telephone Conference Link)
Nick Reiter (Chief Executive)
David Balharry (Head of Crofting Services)
Gordon MacDonald (Head of Finance)
Archie Macnab (Head of Land Use and Regulation)
John Toal (Head of Policy and Occupancy)
Eilidh Ross (Solicitor)
Mary Ross (Crofting Services Officer)
Margaret MacMillan (Minute Taker)
1
APOLOGIES
David Barnes (Rural Directorate, Edinburgh)
Jane Thomas (Head of Communication and Admin Support)
Donna Smith (Head of Information Systems)
2
APPROVAL OF DRAFT MINUTES OF 9th JUNE 2011
The Minutes of the Board Meeting of 9th June 2011 were approved subject to the
following amendments from Murdo MacLennan:
3.1:
First Line Group to be changed to ‘trust’.
Second Line remove ‘This would not happen in the foreseeable future’.
Third Line add ‘of the trust’.
Fourth Line ‘Commission’ to be changed to ‘Commissioner’.
Page 6 - Election of new Commissioners – ‘Role’ change to ‘roll’.
Page 7, 10 - ‘Government’ to be changed to ‘Governance’.
3
MATTERS ARISING FROM 9th JUNE 2011 MINUTES – ACTION POINTS
(1)
Eilidh Ross presented a Paper on the pending and completed appeals
to the Board. The Board expressed that the Paper was very helpful.
Angus McHattie and Murdo MacLennan requested that this be continued and
added to Matters Arising under the Heading of “Legal Issues –Appeal Cases”.
(i)
Croft 4 Fearnamore
Preliminary submissions on the appeal against the assignation have
been sent to the Land Court and we await an Order of Court for further
procedure.
An application has been lodged by Mark Stewart with the SLC and the
Commission have received an intimation copy. The Board discussed
and agreed that staff should decide how best to respond.
Action Point: Eilidh Ross
The Board also asked staff to gather all material and ensure that all
meetings etc are backed up in writing.
Action Point: Archie Macnab
(ii)
Nedd Common Grazings
Stated case has now been lodged. Board agreed to follow a suggestion
from the Ombudsman to make an ex gratia payment in part recognition
of unacceptable delay. Agreed a sum of two hundred pounds as a
goodwill payment to Mr Robinson
(iii) Croft Back of Keppoch, Arisaig
The Board was advised of the complexity and that stated case was due
to be submitted in October.
(iv) Croft 4 Earlish, Isle of Skye
Stated case has been drafted and sent to parties. Twenty-one day
period is underway.
(v)
Erbusaig Common Grazings, Lochalsh
Ongoing. Stated case due to be submitted in October.
In addition, a further five cases are outstanding:




Duich Lotts
Springpark, Unst
Heogs Park Grazings, Unst
9 Uidh, Isle of Barra
1 Barrapol, Isle of Tiree
(2)
Open Day at GGH. The Board agreed to a two hour session, in the
form of a presentation on “What it is to stand for the Commission” on
17th November 2011, with a view to run a further open day session about the
end of January 2012.
(3)
Presentation by Audit Colleagues to Board. Murdo MacLennan advised the
Board that this presentation would be undertaken by the team from Audit
Scotland, Edinburgh.
(4)
Details of CCAGS Spend. Details on the CCAGS spend had been circulated.
Angus McHattie highlighted concern regards activity through CCAGS.
(5)
Programme Board Meetings. All of the various projects are on target,
although the work has been put in abeyance until 1st October 2011. A Paper
on ‘Decision Making by the Commission’ will go to the next Board Meeting on
8th September 2011.
(6)
Paper on ‘Interested Parties’ will go to next Board Meeting on 8th September
2011.
(7)
Recovery Costs for Cases before SLC. Ongoing. Eilidh Ross confirmed that
the Paper would go to October Board.
(8)
Response to consultation on Argyll & Bute Council New Development Plan.
Discharged.
(9)
The Stud Farm transferred to RPID on 1st August 2011. Gordon MacDonald
advised the Board that the Commission continues to undertake some of the
interim Finance Work.
(10) With reference to Pilot Planning Project see Agenda Item 4.3.
(11) ‘Forest Crofts’.
Commissioners.
A Question/Answers Paper is to be presented to
4
POLICY
4.1
MAIN IMPLICATIONS OF THE CROFTING REFORM (SCOTLAND) ACT 2010
Discussion ongoing and agreed should remain a standing item for future Board
Meetings.
4.2
PROGRESS ON THE STUD FARM
Discussed under Matters Arising and removed as a future Action Point.
4.3
UP-DATE – DECROFTING/PLANNING PILOT PROJECT
Mary Ross up-dated the Board. She explained that the Crofters Commission and
the Highland Council launched the Decrofting/Planning Pilot Project on
28th February 2011 and that it would conclude on 28th August 2011. Currently,
SGRPID make all the comments on the decrofting applications, as from the
1st October 2011, the Crofters Commission is to become a statutory consultee.
Commissioners discussed how best to classify the land in terms of relative soil
quality and highlighted the need to protect better soils and the future functionality of
the crofting through any decision making process.
Angus McHattie excused himself after discussion
4.4
INTERESTED PARTIES
Paper withdrawn. Paper to be presented to the Board on 8th September 2011.
4.5
TO CONSIDER THE ADOPTION OF A POLICY ON THE USE OF
NEWSPAPERS TO BE USED FOR PUBLIC NOTIFICATION PURPOSES BY
THE CROFTERS COMMISSION AND APPLICANTS
A Paper was presented on the definition of a newspaper. Following discussion the
definition of a newspaper was agreed. It was agreed that for the Commission
advertising purposes it would use weekly printed newspapers and where
applicants are advertising applications, this should normally be in a newspaper
issued weekly. Fortnightly newspapers may be considered, but must have prior
approval by Area Commissioner. It was also agreed that guidance with regard to
the advertising criteria should be shown on the application form and website.
Action Point: David Balharry to implement
4.6
SECTION 58(A) DECISION MAKING POLICY
Paper deferred until the Board Meeting on 8th September 2011.
5.1
SMALL LANDHOLDERS (SCOTLAND) ACT 1911
Eilidh Ross advised the Board that smallholders would only fall under Commission
remit if they converted holding to a croft.
6
DATE OF NEXT MEETING
The date of the next Board Meeting is 8th September 2011.
7
AOB
Board Papers should have the name of the Management Team Lead Officer.
It was agreed Ronnie Eunson should attend Crofting Law Conference along with
the other Commission nominees.
Action List
Action
No
1
Agenda item
Owner
Action
Timescale
Carried over
Legal Team
Ongoing
2
Carried over
Nick Reiter
3
Carried over
Nick Reiter
4
Carried over
Nick Reiter
5
Carried over
6
7
Carried over
Carried over
Nick Reiter,
Drew Ratter
Legal Team
Legal Team
8
Carried over
Archie Macnab
9
10
Action Point 8
6.1
Nick Reiter
Jane Thomas
Details of pending and completed appeals to be presented to Board quarterly for
noting.
Discuss holding open dates at GGH for prospective candidates with Project
Board.
Arrange a presentation by Audit colleagues to the Commissioners and Senior
Commission staff to be held at Great Glen House.
Figures on CCAGS spend to be circulated to Commissioners and, if necessary,
the matter can be raised at the next Meeting
Up-date the Board on any relevant issues arising from the Programme Board
Meetings. Circulate Minutes of Programme Board when available.
Circulate Paper in relation to ‘interested parties’ in general to Commissioners.
Eilidh Ross to prepare a Paper for the Board on Recovery Costs for cases
before the Land Court.
To prepare response to the Consultation on Argyll & Bute Council New
Development Plan and inform Assessors and Grazing Clerks of the Consultation.
To arrange Progress on the Stud Farm is a Standing Item on the Agenda.
Provide an up-date on the Pilot Planning Project to Commissioners.
11
12
6.3
4.5
David Balharry
David Balharry
To circulate a note to Commissioners on what has happened with ‘forest crofts’.
Newspaper advertising criteria to be shown on application forms and website.
October
Ongoing
Completed
Ongoing
September
October
Completed
Completed
Completed
Ongoing
October