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An Camas Mòr – A new town by Aviemore which could eventually become home to up to 4,000 people is a “done deal”.

June, 2009

CLAIMS have been made that plans for a new town by Aviemore which could eventually become home to up to 4,000 people is a “done deal”.

The remark made by Mr Robert Maund, chairman of the Scottish Campaign for National Parks, came a day after the Scottish Government revealed An Camas Mòr had been chosen as one of 11 “exemplar” low-carbon communities of the future backed by £400,000 of public money.

Cabinet Secretary for Health and Wellbeing Nicola Sturgeon said the communities would lead the way in the drive to make Scotland greener and healthier.

Mr Maund highlighted his concern that the cart was being put before the horse at the public inquiry into the Cairngorms National Park Local Plan.

It allocates land for the first phase of the new community on Rothiemurchus Estate which is expected to comprise 1,500 homes by 2028.

Mr Maund said: “I was concerned when I read about Nicola Sturgeon announcing that – it could compromise this hearing and the outcome of it.

“Here we have a Local Plan which is the subject of a hearing with nothing approved, we have a planning application for the development come in a couple of days ago and pretty much the same day the Minister stands up and says this is one of 11 schemes the government is putting £400,000 into to further the aims of the Scottish Sustainable Communities Initiative.

“I wonder if I should just go home and do some gardening and put in an application for costs.

“At every level judgements seem to be being made in advance of the Reporter’s recommendations to the park authority.

“It is as if it is a done deal and that would be very worrying for the planning process and for the democratic process.”

Mr Maund asked for “some kind of reassurance” from Reporter Jill Moody leading the hearing on An Camas Mòr that Ms Sturgeon’s announcement would not colour proceedings.

She responded: “I can say in absolute honesty that I have not a clue about any announcement by Nicola Sturgeon.”

Ms Moody said that her involvement was “absolutely objective” and she would be applying “normal planning judgement”.

The SSCI encourages the creation of places which are designed and built to last, where a high quality of life can be achieved and which demonstrate how to reduce ecological footprints.

Other winning exemplar projects include Craigmillar, Edinburgh, PARC Craigmillar; Lochgelly, Fife, Fife Council; Maryhill Locks, Glasgow, Glasgow Canal Regeneration Partnership and Tornagrain, near Inverness, Moray Estates Commenting on them, Ms Sturgeon said the Scottish Government was committed to creating an enduring legacy of high quality, distinctive new places.

“The projects selected include innovative design and building principles but they also promote environmental solutions which communities across Scotland can adopt.

“It is vital for our long term economic and social success that we create communities which provide new homes in the right place, of the right type and which contribute to reducing energy demand and impact on the environment.”

Moving Aviemore across the River Spey was first mooted at a meeting of the village’s community council in 1989.

Speaking at the public inquiry on Thursday, Mr Don McKee, the national park’s head of planning, said: “The park authority has acknowledged that An Camas Mòr is different. It is a new community in a national park and presents both a challenge and an opportunity.”

Explaining the need for the site to be allocated for housing, he said: “We are trying to respect the character of the established communities. We have reached a point where we can no longer add infinitum to the volume of housing. It is increasingly difficult to justify.”

He added that An Camas Mòr could be developed in a co-ordinated way: “This will relieve some of the pressure on other communities but we will be looking at them on an on-going basis to ensure that they remain viable.”

However, Dr Gus Jones, chairman of the Badenoch and Strathspey Conservation Group, claimed An Camas Mòr was unsustainable and would seriously damage the natural heritage. “This development within a National Scenic Area has long been viewed as unacceptable,” he said after the hearing. “Apparent ministerial support seems to be based on wishful thinking that ignores widespread opposition.

“Realistically the last thing the Cairngorms National Park needs is another flawed and over-ambitious development, especially one riding roughshod over landscape, conservation and significant community interests.

Mr Johnnie Grant, owner of Rothiemurchus Estate and applicant for the development, said An Camas Mòr was subject to an environmental impact assessment (EIA) and well-supported by planning policy.

He commented: “As there are more than 1,000 pages of detailed work to be understood and the proposal is to be tested against pages of planning policies it is very far fetched to describe it as a ‘done deal’.

“There is an immense amount of work to be carried out by a wide range of hard working, qualified and experienced public officials. “Furthermore the granting of outline consent would be only the start of the consent process.”

A Scottish Government spokesman said of the “done deal” claims: “The awarding of the SSCI status to a project by the Scottish Government is completely separate from the process of planning approval.

“The Scottish Government is supportive of the SSCI exemplar projects in their vision to create sustainable communities.

“All proposals have to go through the relevant planning process and SSCI exemplar status does not in any way influence or compromise this process or the considerations of the local authority.”

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Highlands and Islands Enterprise (HIE) Contract row chairman quits post

Willie Roe

Willy Roe is chairman of both HIE and consultancy firm Rocket Science

The chairman of Highlands and Islands Enterprise (HIE) has resigned from a consultancy firm at the centre of controversy over contract awards.

William Roe chairs both HIE and Rocket Science UK, which was awarded £150,000 of contracts by the enterprise body.

An internal review into the contracts was ordered by HIE chief executive Sandy Cumming.

It found “no evidence” of wrongdoing, but Mr Roe said he would be stepping down from Rocket Science.

The review carried out by HIE’s head of internal audit found its payments to Rocket Science between 1 September 2004 and 31 March 2009 totalled £149,256 for 21 projects.

However, the consultants subsequently repaid £6,864 after it was discovered that material in one report had been copied without clear attribution from another source.

Willy Roe is a hugely imaginative and inspiring public leader who is devoting his talent to creating a better Scotland
Richard Scothorne
Rocket Science

The report said 12 of the projects, which totalled £117,516 of expenditure, were either awarded after a tender, or had appropriate justification for using Rocket Science recorded at the time of the decision.

It added that a further expenditure of £31,740 had no advance justification recorded, but all of these contracts were for less than £10,000 and were therefore in line with HIE’s policy for awarding negotiated contracts.

The audit found no evidence that any of HIE’s decisions to use Rocket Science had been influenced by Mr Roe’s role in either body.

In a statement released following the report’s publication, Mr Roe said he had decided to leave his post with Rocket Science in order to “completely separate my public service functions from my private business interests” and to “prevent any possible perception of a conflict of interest arising in the future”.

He added: “When I was appointed chair of HIE, I agreed with the chief executive of HIE and the managing director of Rocket Science UK Ltd that we should immediately put in place a protocol to manage potential conflicts of interest that would arise if HIE and Rocket Science were to continue to have contractual business relationships.

“Both parties agreed that such a protocol should be established, the effect of which would be that I, as chair of both bodies, would be completely excluded from any and all aspects of the business relationship between the parties. The protocol was established and has been in existence ever since.”

Internal audit

Mr Cumming said HIE would be putting in place a tough monitoring regime in the wake of the report, which would include require all negotiated contracts worth more than £10,000 to be signed off by the HIE chief executive.

He added: “This has been a detailed and rigorous investigation of a complex issue, carried out to the highest professional standards by HIE’s head of internal audit and compliance.

“HIE aspires to be an exemplar of best practice in all the things it does, and the procurement of consultancy and other contracts should be no exception.

“I am confident that the procedures which HIE is putting in place as a result of this review will address the areas of weakness in the present system and ensure greater clarity and accountability from now on.”

‘Sad news’

Rocket Science said its work with HIE had actually reduced significantly since Mr Roe took on his role as chairman of the enterprise body.

The work carried out for HIE last year accounted for less than 1% of the turnover of Rocket Science, it added.

Rocket Science managing director Richard Scothorne said: “It should be very clear from this that we have not received any kind of special treatment since Willy Roe’s appointment as chair of HIE.

“Willy Roe is a hugely imaginative and inspiring public leader who is devoting his talent to creating a better Scotland.

“His resignation is sad news for us, and we admire him for taking this lead in completely removing any scope for perceived conflict of interest by decisively separating his public responsibilities and private interests.”

Commenting after the internal audit into the role of Willy Roe and dual responsibilities as Chair of HIE and of Rocket Science, Mary Scanlon, Scottish Conservative MSP for the Highlands and Islands said:

“This report has highlighted the failure of Mr Roe to update his register of interests in HIE and his failure to include 7 of the 21 contracts awarded in the register.  The investigation has also uncovered the fact that a contract worth £42,348 was awarded to Mr Roe’s private company and not put out to tender.

Many IT companies across the Highlabnds and Islands have been excluded from tendering for HIE contracts due to the awarding of so many contracts to Rocket Science.  In the depths of a recession, even one of the contracts awarded to Rocket Science would have helped to keep a small business afloat.

This investigation has confirmed the HIE did not follow correct procurement procedures.

I am now asking the Scottish Government to ensure that these incorrect procurement procedures are not replicated in any other quangoes and to ensure that Chairmen and Board members are not given preferential treatment in the awarding of lucrative public sector contracts’.

The recommendation of ten separate courses of action by HIE, following this investigation, is confirmation of the failures inherent in their existing systems.

Finally, there is no doubt that we would not have seen any report into HIE’s procurement process had there not been pressure and serious concerns raised in the media as well as my request for Audit Scotland to intervene.     HIE were obviously content to continue their current protocols of not pursuing any best practice models of fairness, openness and accountability in the awarding of contracts’.

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Office of Fair Trading finds significant problems in Scottish property management market

in Government News Network news

OFT finds significant problems in Scottish property management market
OFFICE OF FAIR TRADING News Release (12/09) issued by COI News Distribution Service. 12 February 2009
The OFT has today published a study into the Scottish property management market which has found that the market is not working well for consumers in Scotland.

Scottish property managers, also known as ‘factors’, manage common shared property such as roofs, staircases and gardens within tenements and other residential properties with a shared common space. Around 135,000 Scottish households rely on property management companies. The OFT’s study also looked at land maintenance companies which maintain open spaces, typically on new housing developments.

The OFT found that whilst the majority of people were happy with their property manager, around one in three said they were not. Two-thirds of consumers who had made a complaint about their management firm were dissatisfied with the way their complaint was handled.

The study says that:
* many people do not understand their complex legal rights and are unsure about the standard of service they should expect, and
* there is limited scope for redress when things go wrong, and
* owners rarely switch their property manager – and at the same time, there is little evidence of active competition between property management companies to attract business.

As a result of its findings, the OFT has today recommended:
* early implementation of a Scottish Government promoted self-regulatory scheme, with an independent complaints redress mechanism, to ensure better accountability of property managers for their standards. If this fails, a statutory scheme should be introduced, and
* the development of an advice and mediation service by the Scottish Government – available to owners and managing agents – to help overcome the legal complexities and prevent the breakdown of arrangements.

In addition, the OFT study found similar problems in the market for land maintenance companies, with consumers experiencing particularly extreme barriers to switching land maintenance suppliers when ownership of open spaces had been transferred to private companies.

Following discussion with the OFT, Consumer Focus Scotland has agreed in principle to support home owners to bring forward a test case applying legislation which may allow owners to switch land maintenance company. If this proves to be an impractical option for home owners, then the OFT recommends that the Scottish Government should review the legislation.

The OFT’s recommendations have now been submitted to the Scottish Government which has agreed to respond within 90 days.

John Fingleton, OFT Chief Executive, said:
‘This is a market that is not working well for many homeowners in Scotland. People often have little or no understanding about their rights, households rarely switch factors, suppliers do not seem to be actively competing with each other and the options for consumers when things go wrong are very limited. The OFT’s recommendations for change should be to the benefit of many Scottish consumers.’

NOTES
1. Download a copy of the OFT Market Study of Property Managers in Scotland from the OFT website – http://www.oft.gov.uk.

2. In October 2007, Consumer Focus Scotland (formerly the Scottish Consumer Council) submitted evidence to the OFT which raised concerns about Scottish property managers. For more details about this go to the Scottish Property Managers webpage on the OFT website: http://www.oft.gov.uk/advice_and_resources/resource_base/market- studies/current/scottish.

3. As part of its market study, the OFT commissioned Ipsos MORI to carry out a survey of flat owners to see how well the property managers market in Scotland was working from the perspective of consumers. In addition, the OFT sought information from property managers across Scotland, asking them to complete an online survey. To see this survey go to the Scottish Property Managers webpage on the OFT website:
http://www.oft.gov.uk/advice_and_resources/resource_base/market- studies/current/scottish.

4. Consumers wishing to complain about residential property management services should in the first instance contact either Consumer Direct or their local Citizens Advice Bureaux for advice on how to deal with their concerns.

http://www.oft.gov.uk

PUBLIC enquiries: 0845 7224499
enquiries@oft.gov.uk
OFT reports and consumer information leaflets are available free from:
OFT, PO Box 366, Hayes UB3 1XB 0800 389 3158 oft@ecgroup.uk.com

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Scottish government urged to probe residents’ claims over factor

Firm ‘takes money for work it does not do’

Published: 01/08/2008

The Scottish Government has been asked to launch an investigation into north-east residents’ claims that a factor has taken money for work it has not adequately carried out.

Aberdeenshire councillor Martin Ford said he has been contacted by a “number of people” about the Greenbelt Group, which maintains open spaces in housing estates across the north-east.

A resident of the Redcloak estate at Stonehaven had claimed the company has not cut the grass there in more than seven months, despite having already been paid to do so.

The company disputes the time period, but admits there have been problems with a few of its contractors over the last three to four weeks.

Residents at an estate at Newmachar had also complained about the company halving the frequency of its visits.

In a letter to Community Safety Minister Fergus Ewing, Mr Ford said: “It appears that there is a widespread problem of poor or no grounds maintenance when the Greenbelt Group are responsible.

“This seems to be the case both when residents are paying on an annual basis and when the developer has paid a lump sum on completion of the development.”

The Liberal Democrat member for East Garioch added: “I have been a councillor for nine years and I have been aware of recurring problems involving the Greenbelt Group.

“I would ask you to look into the problems surrounding the operations of this company. I would also ask you to examine whether we can revert to the situation prior to 1992 where it was almost invariably the case that public open space passed to the local council.

“In my experience, the local council provides the only reliable and sustainable maintenance solution for public open space.”

Greenbelt’s managing director Alex Middleton said problems with contractors over the last three weeks have caused the company difficulties in the north-east.

He said: “Greenbelt has had problems in the north-east and are trying to resolve them as quickly as possible. We will take a look at the particular problems and value for money.

“We are committed to the sites in the north-east and are committed to giving a good service.”

Press and Journal article link

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Red Cross plugs service gaps in Inverness, claims ambulance union

RED Cross volunteers are being used to plug gaps in ambulance service provision in Inverness and have been sent to 23 emergency calls — including road accidents and drug overdoses — since January, union officials claim.
By Hugh Ross – Inverness Courier

Front line crews working for the Scottish Ambulance Service (SAS) allege that the charity’s ambulances are covering up for a shortage of full-time vehicles and warn that although trained to administer medical treatment, Red Cross personnel are not qualified to deal with all 999 calls.

The SAS confirmed the Red Cross was sent to incidents but insisted the organisation was providing an additional, not a replacement, service.

David Forbes, Unison’s regional convener for the ambulance service, said the public had a right to know what was happening.

“When the ambulance service in the division has been really stretched the Red Cross comes in to help,” he said. “It has been used when the SAS has been short of crews and the Red Cross have been working in Inverness on and off for some time.

“Either the SAS will ring the Red Cross or it will call and ask if the ambulance service needs any help, and it has been out on the road responding to calls.

“The Red Cross would say it is a professional organisation but it offers nowhere near the same level of care as a properly trained ambulance crew.

“They are first responders. The Red Cross will be at a road traffic accident but it hasn’t got the level of skills, competency and comprehension that our members have. It has been used for drug overdoses and road accidents and is covering more than it should be.”

The allegations came as MSPs expressed concern about the running of the SAS during a debate at Holyrood yesterday. Labour’s health spokeswoman Margaret Curran said staffing shortages had left employees under serious strain and considering industrial action while Ross Finnie, for the Lib-Dems, said the public had serious misgivings about aspects of the service.

Health minister Nicola Sturgeon responded by promising to consider any evidence about problems with the SAS but ruled out an external inquiry.

Sam Kennedy, the SAS’s Inverness-based general manager for the North and West Division, denied the Red Cross was used to plug any gaps in the ambulance service locally.

“That is simply not true,” he said. “Red Cross volunteers attend local emergency calls so that they can provide immediate life-saving first aid until an ambulance arrives. Under the first responder scheme, Red Cross volunteers, particularly in rural areas, are notified of emergency calls received. These are people highly trained by the NHS.”

A Red Cross spokeswoman confirmed its volunteers could attend all types of emergencies after the charity signed a contract with the SAS in 2006.

“If we are the nearest asset to the incident we will get the call from the SAS,” she said. “We have a memorandum of agreement with the ambulance service but the union’s claims about plugging gaps is not the understanding we are working to.

“The incidents we are called out to are not specified and that could be road accidents but an SAS ambulance always attends the scene as well. We don’t have a list of incidents we wouldn’t attend and we are not sent instead of an ambulance.”

The Red Cross did contact the ambulance service to find out if its assistance was required, the spokeswoman added, but the charity was not paid for providing the service.

However, Highlands and Islands Conservative MSP Mary Scanlon was shocked to hear Red Cross volunteers had been used for emergencies.

“A paramedic is highly skilled, trained and experienced,” she said. “The Red Cross does a wonderful job in first aid but it is unfair to expect them have the level of training and experience that paramedics have.

“The Red Cross, which is a voluntary organisation, should not have to take on this responsibility and the public does not expect it to be answering 999 calls.”

h.ross@inverness-courier.co.uk

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