ELLCT trustees have been busy on a range of projects. Here are some updates starting with the ongoing Balmaha car park asset transfer request…
Balmaha car park asset transfer request (ATR)
Community action as detailed below is vital as the ATR is at a crucial stage. It is now with elected members to decide on the outcome rather than Stirling Council (SC) officials who had had the complete request since October 2020 but had failed to validate the it until 8 June 2021.
The first legal decision date was 8 December 2021. Since then the ELLCT has agreed to a further eleven dates (extensions) to allow officials to reach a conclusion. The last date was 12 April 2024.
Stirling Council officers did not communicate a decision to the ELLCT meaning they failed to meet the legal requirements under the Community Empowerment Act legislation.
The ELLCT was informed a few weeks before the final deadline that council regulations did not permit officials to make the decision due to the value of the asset. Also, that the SC decision framework did not meet the requirements of the legislation.
Under the Community Empowerment Act (Scotland) 2015 the ELLCT submitted a Request for Review on the basis:
- Stirling Council has failed to meet its legal obligations under the legislation.
- Stirling Council process does not comply with the Act.
- The ELLCT does not believe (i) Stirling Council decision framework is efficient or fair and (ii) Stirling Council followed best practice which lead to the delays.
Elected members of the Finance, Economy and Corporate Committee will now consider the matter and make a recommendation to the full council. Unfortunately the committee paper (presented to committee for consideration on 19 September 2024) contained significant errors including the statement that the ELLCT refused to agree to a further extension. This is incorrect – no such request was received by the ELLCT from Stirling Council.
There are other incorrect statements including the wrong date for the legal validation of the ATR. The letter with the correct date can be found on SC’s website https://www.stirling.gov.uk/media/4s0j45ao/balmaha-stage-2-validation-letter_redacted.pdf
The ELLCT has continuously worked with SC officials to provide all information requested and for the committee paper to say ‘…insufficient information is available from East Loch Lomond Community Trust to allow a determination to be made by Committee at this stage’ is disingenuous at the very least.
At the time of writing the SC website shows a previous business plan which was submitted before charging in the car park started. SC has had the latest (revised) business plan based on the updated community consultation and in response to specific information requested by SC since 10 November 2023. This up to date business plan can be read via https://www.dropbox.com/scl/fi/8oyh5864ay3waxqj09qf4/ELLCT_CATR_Final.pdf?rlkey=vhqpd1bvf4nysin76v0sl1tzu&dl=0
Since the ELLCT submitted the Request for Review, all respondents to the original consultation should have been consulted again. It is unclear if this has happened. Also the ELLCT should have received an official response to the Request for Review but this hasn’t been received. These are legal requirements with specific deadlines under the legislation.
The responses to the community survey last year showed overwhelming support for the asset transfer. Over recent years there has been a noticeable reduction in support and services in rural areas – the community empowerment and wealth building the income could generate would make a real difference and benefit generations to come.
Members of the community can increase the chances of success by contacting our elected members underlining the importance of this asset transfer to our community.
Our elected members are:
Community Councillors
- Rosemary Fraser – fraserro@stirling.gov.uk
- Gerry McGarvey – mcgarveyg@stirling.gov.uk
- Paul Henke – henkep@stirling.gov.uk
MSP
- Evelyn Tweed – evelyn.tweed.msp@parliament.scot
MP
- Chris Kane – chris.kane.mp@parliament.uk
Affordable housing – Balmaha
Rural Stirling Housing Association (RSHA) is continuing to work with the funding bodies to find a way to align the funding available with the cost of the development. The funding for the key worker homes is already secure, but dependent on the project going ahead as a whole.
After costs escalated contractors have been reluctant to commit to the site with potential hidden costs such as peat and a lot of ground clearance as well as the considerable costs of a dedicated sewerage installation.
There is still commitment to building the affordable homes as the ELLCT owns a footprint of land within the site to build a block of four two-bedroom key worker homes.
Primary school site – Milton of Buchanan
The community survey strongly indicated a wish to see the area retained, with the need for homes for people who want to stay in the community a priority.
The houses in Balmaha would only go part of the way to meeting the demand but with other community developments happening, it is a good time for a housing needs assessment to get a clear picture of what would be best use of the site and get community input.
With other local groups looking at projects it would be an ideal opportunity to understand where we could come together to compliment each others’ objectives to best meet local needs.
Play parks
SC has eventually included East Loch Lomond area in the play park maintenance programme.
- Balmaha has had a good tidy up and there are plans to improve the climbing frame/chute as well as finish the fenced off item.
- Milton of Buchanan – the missing gate is to be addressed.
- Buchanan Smithy – SC has decided the structures need to be replaced as they have reached the end of use. An officer has met with local residents to agree a plan for replacements with the possibility of an additional item.
Noticeboards
The existing noticeboards have served the community well but the weather has taken its toll. Cashel Hydro directors agreed to fund new all weather noticeboards for the ELLCT.
Community events
The ELLCT secured funding form Buchanan Community Hydro Society (BCHS)for two community events:
- Christmas lights switch on – Buchanan Memorial Hall – Sunday 8 December. More info to follow.
- Community picnic – Unpredictable weather made it difficult to organise the planned summer picnic. BCHS has agreed we can postpone until next year.
….the ELLCT has also been able to support other community groups in their applications for funding from BCHS.
Local Place Plan (LPP)
A Stirling University post graduate student is interested in working with the community to help with the Local Place Plan, with a focus on heritage and looking at the past, present and what the community wants for the future. He will come along to a future community event and chat to locals on an informal basis.