Boat of Garten and Vicinity Community Council

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1 Boat of Garten and Vicinity Community Council Draft Minutes of the Meeting held on 18 th January 2016 at the Community Hall 1,Present CC Members : Ian Bashford, Alison Fielding (Chair), Kate Johnson, Liz Johnstone, Julie Mossman( Secretary, part of the meeting), Brian Tolson (Vice Chair) and Peter Wright. Ex officio : Cllr Bill Lobban, Willie McKenna (CNPA) ( part of meeting) Apologies : Apologies were received from Julie Mossman (For unavoidable lateness), from Cllr Fallows and PC Graham MacKenzie. Invited Guest : Tom McGougan (Project Manager, Boat of Garten Housing Development.)( First part of meeting) Residents : Malcolm Clark, Maureen Hendry, Tess Jones, Emma MacDonald (part of the meeting). Welcome AF welcomed everyone and introduced Tom McGougan. 2.Minutes of meeting on 30 th November. These were accepted, proposed by Brian Tolson and seconded by Kate Johnson. 3.Housing Development Discussion with Tom McGougan, Project Manager on Boat of Garten Housing Development. AF began by indicating that the lack of notification on sudden unannounced felling of the trees had been a shock to many residents, after such a long gap since the granting of planning consent. She stressed the importance of keeping the community informed. When AF and IB met with T McG in early December, he had indicated his willingness to provide an information board for residents, with periodic updates on what is happening on the site. AF queried when this would be provided. Tom McGougan said he would be pleased to provide an information board but currently there were 2 main reasons he thought it premature until a resolution is confirmed. Due to the need to cut down more trees around the periphery of the site, following safety advice, the developer has sent in a revised landscape and tree planting plan and is awaiting confirmation of acceptance from CNPA. Consequently he would prefer to be able to provide an updated map of the site prior to exhibiting it in order to avoid confusion. The second issue is the delay in receiving confirmation from Scottish Water about approved connection to the main sewer. Negotiations between the Developer and SW about upgrading the sewer network are ongoing.. In December SW had asked for Drain Impact Assessment, despite SW already knowing the problematic areas from their own investigations. However confirmation is awaited that this is no longer required and that the Developer s upgrade plan is accepted. Technical approval for this is awaited. IB gave an overview of the works relating to the sewers conveyed to the CC by SW. The old sewer had been partly replaced by a 9 inch sewer. The CC was still awaiting the results of the CCTV survey of the sewer. The CC had asked for the whole pipe to be replaced given that there was going to be the extra demand from the new housing estate. The answer from SW was that they could not undertake this work as it did not meet Scottish Government and WIC guidelines on infrastructure 2 and 3 funding. The developer had been asked to complete work on the problematic areas. Tom McGougan stated that there was a requirement to upgrade from a 6'' to an 8'' sewer. This was a condition before any of the houses in the development could be occupied. They could not proceed on the site until connection approval had been given in principle. KJ asked when this issue came to light. Should it have been dealt with as part of the planning process? Tom McGougan explained that the developer had asked advice from Scottish Wateer. Scottish Water had told the developer to do a DIA ( now not required). At this point, the developer

2 is ready to do the infrastructure work and do it now, but needs to await confirmation from SW. Both these issues affect the timescale of when work can start in the area which has been felled.. Tom McGougan said that after agreement was reached on these 2 matters RCC Construction Consent would be confirmed and the Contractor appointed. It is hoped work could begin on the initial stage of the affordable houses in early March 2016, followed by some of the smaller private houses aiming for completionof Phase 0ne in approximately 15 months from then. There was consensus that out of date information would not be helpful but the public do need some information and the CC would give that matter further consideration. AF asked why there had been more trees felled than shown on the original plan. Tom McG replied that this was for safety reasons and approved by CNPA.. The area would be fenced off to exclude deer. Some native species would be planted and there should be plentiful regeneration. If not, there would be supplementary planting. This is covered by the new landscape plan submitted, which is awaiting confirmation from CNPA. (JM and W McK joined the meeting) There was further discussion on the necessity and means of informing the community speedily about matters relating to the new development. It was also suggested that clear simple information should be available for tourists in the village as the development is such an obvious feature at the village entrance. E McD offered part of the hall notice board for housing information. CC members thought it important to use the community website more effectively. AF would prepare an update for the March BOG Standard. Tom McG offered to write a statement for the BOG ST, but the editorial timecale for the March edition ( 5th Feb,) could not be met. T McG confirmed Highland Forestry had provided additional hazard signs in the woodland in December following the CC request. Concerns were expressed about capercaillie mitigation, reinstatement of forest tracks, clarity re paths in existing woodland. T McG stated that outside the deer fence surrounding the development, the responsibility lay with the Estate. There was a further question about working outside agreed hours which had occurred at the time of tree felling and site clearance. Tom replied that the felling was classed as predevelopment work for which there should have been a NID ( Notice of Intention to Develop) The impact of the development on nearby properties was discussed and a query was made re face to face discussion with householders. T McG stated that the contractor given the work would be part of the Considerate Contractors agreement. Cllr Lobban stated that as part of this the contractor would be aware of a Planning Advice Note with reference to restrictions on working hours ie 8-6, weekdays, 8-1pm Saturdays and no work on Sundays. AF then asked if T McG had replied to a detailed letter of concerns from a local resident which she had forwarded to him. He replied that he was uncertain but thought not. A public meeting with the contractor when appointed was suggested. T McG said he could advise the contractor on this but not insist. The discussion was then opened to the public. T. Jones asked for information re occupancy and size of houses. T.McG replied there are :4 three bed bungalows housing 5 people, 6 two bed properties housing 4 people in phase1a plus two plots for sale for affordable homes. A follow up question related to categories of rented homes.. AF said that when the planning consent was granted, the CC had been advised that the intention was for 8 Council houses, 2 shared equity, and the 2 plots which could also be shared

3 equity. The latest position has to be checked with HC. Cllr Lobban confirmed that they ARE Council houses, built under the Design and Build Scheme. M. Clark asked for further clarification re number of houses in the development. Tom McG replied that permission to build was for 2 plots, 10 affordable and 20 private houses. There was some further discussion on the tree planting and the root stumps in the woodland which are as part of the mitigation work. 3 types of mounds had been tried for wood stacking and the type chosen was advised by ecologists as was the tree planting. Seafield Estate has put up a notice at the crossroads within the wood explaining that the formations are part of the mitigation work. The expectation is that they will settle down within the year and begin to overgrow and become less noticeable. Seafield Estate has also advised Highland Forestry that the tracks have to be made good to their original condition as soon as weather conditions allow. AF thanked Tom McGougan for his time. He left the meeting 4.WRITTEN FINANCIAL REPORT-from Treasurer TREASURERS ACCOUNT BALANCE AT 15/1/16= MILTON LOCH ACCOUNT BALANCE AT 15/1/16= See attached for details Ian explained that the full accounts are audited and submitted in 3 different formats to Highland Council and every expense scrutinised ( Information contained in the minutes of meetings is a summary record, not a copy of the actual accounts) Date to be arranged for AF/IB/BT to visit the bank for 3rd signatory and internet banking access. 5.PLANNING MATTERSa)-BOAT HOTEL-not resolved as the Hotel s agent made a complaint to Scottish Government about the Reporter, requesting another Reporter be appointed. Another appointment has been made and the site visit is arranged for 1st February. AF will represent the CC as previously. b)-kincardine ESTATE APPLICATION-called in by CNPA-see 2016/0002/DET and 2016/0003/DET Documents remain on the HC website but should appear on CNPA website shortly. Planning subcommittee are visiting the site on Wednesday at 2pm. The subcommittee duly was authorised to draw up a response to be circulated to all members for approval as there will not be another CC meeting before the required deadline for reposnes. ( 8th February),This is a controversial application with many objections on conservation grounds, including rare plants,.moths. An objection by Highland Council Roads Dept. has been noted. The CC must respond by 8th February at very latest-ideally earlier. The Chair encouraged any members of public to respond should they wish to do so. c)-deshar COURT APPLICATION /FUL-has been passed d)-birch GROVE APPLICATION query over height of fence on application- Community Council will seek clarification on this, but otherwise there is no objection. 6.ITEMS FOR CONSIDERATION a)-scottish WATER IB gave further information on confirmation from SW about work done to reduce the impact of noise and odour at the WWTW, including desludging. IB and AF consider

4 SW to have been responsive to concerns raised on many issues but 30% issues are still to be resolved. Landscaping plans have not been adhered to. The CC has been advised that a new landscape plan has been agreed but not forwarded to the CC. Willie McKenna, CNPA, will follow this up. Cllr.Bill Lobban agreed to follow up details from Richard Porteous from Highland Council, which remain outstanding since September SEPA will be doing additional testing on effluent control above required regulations. Results will follow in about 4 weeks. IB will do article for BOG STANDARD b)broadband A request was received from Frank Bardgett, a resident of Street of Kincardine, for the CC to write to those responsible for resolving how to extend reasonable coverage to outlying areas. This was agreed in principle and AF and BT will follow this up. Action AF/BT Now that the superfast service is available in the main village of Boat of Garten PW will produce an article for BOG STANDARD on how householders can upgrade to superfast broadband. Action PW c)-proposal TO CO-OPT FRANK BARDGETT as an associate member of BOG &V CC with special responsibilities for broadband - proposed by AF and seconded by JM. Agreed an offer would be extended to FB for associate membership ( non- voting position) Action AF d)-highland COUNCIL BUDGET With reference to the letter received from Cllr Fernie, Cllr Bill Lobban brought the CC up to date with the Council s position. There will be an extraordinary meeting on Thursday 21st Jan. to discuss cuts required as a full decision is required for the end of February. A voluntary redundancy scheme has already been set up-100 s are required ; cutting the school day hours has been put on a back burner as breaching Scottish Government requirements-however horrendous decisions have to be made to achieve savings of 50 million required from deficit, Highland Council have had a drop of 4.5% in their budget from the Scottish Government which will result in some service cuts and restructuring coming..information will be made public at end of February once decisions are taken. HIGHLAND HOUSING STRATEGY Although this area comes under the CNP Local Development Plan, there is a link with the Boat of Garten housing development - houses are allocated on the national housing policy points scheme. Individuals need to have applied and be on housing list to have chance of being allocated a house. The community council will be making further enquiries on this in relation to the local housing development. Action AF f)-management RESPONSIBILITIES/REPORTS KJ agreed to take lead responsibility for Milton Loch and Woodland.

5 AF will take lead responsibility for Housing AF to continue to deal with Playing Field bookings BOG ST copy for next issue needed by the editor by 5th February. (AF,PW,IB) g)aocc-meeting on 15th March-AF/BT attend -NHS-no new reports Report from Police Scotland PC Graham McKenzie had sent a written report of incidents in Boat of Garten in November and December, which was read out. There were 9 incidents in November and 21 in December, some of which were road related. The report was accepted. 7-CORRESPONDENCE RAILWAY BRIDGE- a letter was received from a resident rasing concern about the state of the railway bridge, ( evidence of water leaching) having reported his concerns to Highland Council and SRC on 9th December and not having had a response. Cllr Bill Lobban will follow this up. AF will contact SRC. Action AF and Cllr BL Notification received regarding Cairngorm/Glenmore Strategy Public Drop in session on 4th February 4-7pm at Cairngorm Hotel Aviemore from Highland Council notifying CC about ILM Small Works Service offering help with small maintenance jobs around the home (Tel ) Drew Hendry MP - Constituency surgery, 5th February pm Highland Council Service Point, Church Street, Inverness 8-A.O.C.B. Community Council Archives Frank Bardgett has kindly undertaken considerable sorting of CC archive material which is now ready to be filed with Highland Archive Service in Inverness. The archivist requires a formal resolution from the community council to accompany the material. The following statement was approved, proposed by BT and seconded by PW. The Community Council received from Frank Bardgett a handlist of files of minutes and correspondence dating back to the creation of the Community Council in 1997, and running to 2008, with one volume of minutes of the former Village Council. These now being of solely historical interest, the CC authorised Frank Bardgett to deposit them with the Highland Archives in Inverness, both for preservation and to facilitate appropriate public access, and on the understanding that the final ownership by the Community Council is retained, and that self service photography, as regulated by the Highland Archives would be permitted.

6 9-QUESTIONS FROM PUBLIC M. Clark raised playing field concerns over seeding over goal area and state of nets-af explained the ground is owned by community council but the Community Company give financial support for nets for football club, as a community group coming under the Company. The Parks Department of HC maintain the grass. AF agreed to contact the Community Company and Highland Council. Action AF M..Clark queried the financial reports again. IB repeated his earlier explanation and Cllr Bill Lobban explained how community councils had to submit accounts to Highland Council in the format which HC found acceptable. M. Clark queried the accuracy of a sentence in the minutes of the previous meeting already approved. The matter will be checked again and if necessary, an amendment proposed at the next meeting. DATE OF NEXT MEETING : MONDAY 15TH FEBRUARY AT 7PM FUTURE MEETING DATES-14TH MARCH-13TH APRIL-9TH MAY WITH AGM-27TH JUNE- 5TH SEPTEMBER-17TH OCTOBER-28TH NOVEMBER MEETING CLOSED AT 9.10.PM

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