Nairn Community Councils’ Open Letter to 4 new Highland Councillors

Nairn Community Councils welcome a ‘fresh start’ for Nairn for constructive collaborative working with Nairn’s 4 newly elected Highland Councillors to get the best for Nairn and Cawdor Ward.

The people of Nairn ( with a 48% turn out) have elected Laurie Fraser, Michael Green, Paul Oldham, Barbara Jarvie to represent Nairn and Cawdor alongside the other 70 Councillors on Highland Council. The first two named above have served as Nairn Councillors before.

Nairn River and Nairn West and Suburban Community Councils, who both represent the town of Nairn have send a joint letter to the new Highland Councillors linked below

Joint letter from 2 Nairn CCs to Nairn’s new Highland Councillors May 2022

For ease of reading the body of the letter is also below. As you see it sets out some key priorities for action and asks for a commitment to openness and transparency and respectful collaboration with local people and community bodies for the good of Nairn

Dear Councillor,

NAIRN’S FUTURE: AN OPEN LETTER

You have just been elected to serve as a representative of Nairn’s people for the next four years. We  congratulate you on your success and wish you well in your task.

The Community Councils, too, are elected to represent the town’s community. That is why we address this  open letter to you.

The past five years have been marked by a lack of collaboration, an atmosphere of hostility, and a secretive  approach to decision-making. This has been unhelpful, and bad for the town.  

We believe that needs to change. Both the town’s CCs wish to see a more co-operative and inclusive attitude on the part of elected Councillors. Both CCs are committed to engaging constructively in local discussion.

Loyalty and commitment 

As a Councillor, your primary loyalty is not to any party manifesto, nor to any corporate Council aims. Your obligation is to serve the people of Nairn.

Your Code of Conduct means you should not use your position to promote your political ambitions, nor to  advance your own personal or financial self-interest. You should represent all sectors of the community,  without favouring selected client groups, organisations, or categories of people.

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Engagement and open-ness 

For too long local government in the Highlands has been characterised by a culture of secrecy and a  reluctance to engage in genuine dialogue.

Local discussion has largely taken place in closed Ward Business Meetings. Policies and decisions have  been imposed – often without public debate or community consent.  

Too often, questions have been regarded as criticism, comments have been treated as complaints, and  requests for information have been ignored or dismissed. It should not be necessary to resort to FoI requests  to find out what the Council is doing in our area and how decisions are made. This takes up time and effort  which could be better directed to other tasks.

A fundamental change is needed: we will expect transparency, not secrecy. We will look for answers, not  evasion. We will seek to be included in the decision-making process, not simply be informed after decisions  have been made. We will look for cooperation and dialogue; we will not accept exclusion and dismissal.

Priorities 

The candidates’ election manifestos all listed various local issues. Most are familiar and well-known, from  the need for a bypass to the importance of a new Academy. The CCs have considerable knowledge and  experience on all these subjects and have been researching and campaigning on most of them for many years. For that reason we set out in this open letter a reminder of some of the key issues on which we will seek  early action.

Common Good 

Nairn Councillors are trustees of the town’s Common Good Fund and assets. Your duty as trustees is to  protect and safeguard those assets and to ensure they are used prudently for the benefit of the town’s  residents. This trustee obligation overrides any commitment you may have to pursuing the policies or  objectives of the Council.

There are several proposals already on the table which affect Nairn’s Common Good. Most immediate is the question of the future of the Sandown land. The CCs have challenged the motives for the sale of the whole of Sandown for development, and the methods adopted by the Council in their [second] consultation exercise.  It is clear that the local community is strongly opposed to the disposal by sale of this important asset.  We expect our Councillors to reflect that unequivocal local view and to oppose the sale of the Sandown land at this time.

Other lease amendments and disposals have been proposed (eg property at Grant Street). The Council’s  policy on leasing and disposal of other CG assets has been inconsistent and poorly managed. It has in the  past resulted in significant financial loss to the CG Fund. Current arrangements continue to result in the  imposition of unacceptable and unjustified charges on the CGF.

We therefore urge and support action to reform and localise the management of Nairn’s CG. We look to our Councillors to campaign for and implement such a change. Local community representatives  must be directly involved in all decisions affecting the town’s Common Good.  

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Development planning and Nairn’s future 

We are at a critical stage in local planning. The national government planning framework is to change in  June 2022 with the deliberate aim of encouraging locally-driven place planning. Highland Council has  however produced a revised version of the existing IMFLDP, which is essentially a site-allocation exercise  for developers – with specific targets for housing-delivery – and is seeking consultation-comments before the end of June.

This revised plan is not acceptable. Zoning land for housing is not the main or only priority. We will be  looking to our Councillors to press for revision of the proposed plan so that development is based on  locally-agreed priorities and reflects government policy on Local Place Planning. In particular:

• infrastructure first. Not only is delivery of the bypass a prerequisite for any major new development  in Nairn, but as the disastrous experience of Lochloy has demonstrated, Councillors must insist  that the provision and upgrading of road capacity, drainage, sewage, water supply and other  services is essential and must be delivered before more development is permitted.

• flood prevention. This aspect of infrastructure deserves separate mention. SEPA drew up a flood  prevention strategy in 2012. Nairn and its immediate surroundings are identified as high-risk  Potentially Vulnerable Areas. Highland Council has the lead responsibility for implementing flood  prevention measures. There has been no action and significant delay. The timings set out in the  strategy have not been met. Meanwhile extensive flood precaution works have been completed in  Moray and in Inverness. We would like Councillors to press for early practical action to reduce  the risk of flooding in and around Nairn.

• employment, industry and the economy. Housing alone does not bring growth. The local economy  depends on attracting visitors to Nairn as a tourist destination. It also means sustaining and  expanding existing businesses and industries. This includes especially the major employers such as  those at Grigorhill, Balmakeith and Nairn South.. The reclassification of the so-called ‘Nairn East’  site from “non-preferred” to “preferred” has not been adequately explained Any development there  will have serious implications for existing businesses at Grigorhill and nearby residential areas  (Balmakeith and Riverside Parks). Constructing housing adjacent to heavy industry is bad planning.  It raises serious issues of safety, security, noise, and access. If the site is not removed from the  plan, then we will look to Councillors to ensure that no development proceeds until all the  infrastructure issues are satisfactorily resolved: this includes modification of roads and access, completion of the bypass, and necessary flood prevention measures as well as adequate  drainage and water supply.

• Delnies. Planning consent for housing at Delnies was explicitly linked to, and conditional upon,  development of other leisure and recreation facilities (hotel, golf course, green spaces). The Council  has since stated that development of that site, distant from the town, is now considered inappropriate. We await clarification and an explanation of why the housing part of the Delnies site is now  advertised for sale “with permission for 300 houses” and no mention of the leisure facilities  which were a major factor in obtaining the original permission.

• Ardersier. The closure and obstruction of access along the coast and beach by the company  intending to redevelop the port has provoked considerable local criticism. Highland Council has said publicly that these measures are not authorised. We wish to see early action by the Council to  enforce that position, to re-establish rights of public access, and to ensure that the main road  entrance to the Port is modified or relocated from its present hazardous position.

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Town centre 

There is universal agreement that the town centre and the High Street need revival.  

The way in which government regeneration funding was diverted into the construction of a large new  housing block, despite the existence of an agreed town centre plan, without community consultation, and in  collaboration with a favoured local organisation [the CAB], was rightly condemned by the Scottish Public  Services Ombudsman.

We urge our Councillors to support official government policy on repurposing empty, under-used and  derelict town centre buildings, to seek funding to achieve this, to promote action to increase footfall in  the High Street, and to enhance the harbour and seafront/Links as a venue for visitors.  

This means – for example – the restoration of the Old Police Station, the continuing use of the listed former  Finance Department building, the retention of the Library in the town centre, and the provision of adequate  parking.

Local amenities and facilities 

Nairn is one of the major tourism-destinations in the region. Post-Covid, the trend to staycations will  increase visitor-numbers. Yet local facilities are wholly inadequate.

We look to our Councillors to bring about significant improvements:

• repair, reopening and maintenance of public toilets (a response is still awaited from the Council on  the refurbishment of the Harbour Street public toilets);

• provision of designated visitor parking and motorhome facilities. A fresh look at policy is required.  The existing parking-fees scheme arrangements are unacceptable, and do not meet safety regulations. Charging can only be justified in return for quality services. All revenue from the use of Common  Good assets must go into the CG Fund. This issue needs to be looked at in the wider context of  reforming the management of Common Good assets and also…

• A broad-based tourism strategy. Given Nairn’s location,its natural assets and the leisure facilities  that the town can, and should, be offering, it is inexplicable that the Council should fail to recognise  that Nairn is one of the key visitor-destinations in the region. It is inexplicable that an official  tourism strategy should have been produced apparently in private discussion with the BID (who  represent only the retail business ratepayers) and without appropriate local engagement by all  tourism-related providers, community representatives and stakeholders. This failure has been  acknowledged (by Colin Simpson, HC Tourism Officer). We expect Councillors to press for and  support a significant revision of the current tourism strategy.

Resources, funding allocations, and “fair shares” 

We have evidence from the Council itself that the pattern of spending on public services is grossly  inequitable across the region, and disadvantageous to Nairn. Particular examples include the spend on  leisure and recreation, and on health and social care. Explanations are still awaited from the Council on  several local issues:

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• Nairn Common Good is – uniquely – charged for maintenance, and is not paid any rent, for Council  use of CG land to provide public leisure and recreation facilities. Elsewhere such facilities are  funded by the Council, and the Common Good Funds of other burghs are paid rent or have  maintenance provided in lieu of rent. Also among hundreds of Leisure and Recreation facilities  managed by High Life Highland, only those on Nairn Common Good sites are charged HLH  management costs.

• Developer contributions, supposedly intended for the provision and improvement of local  infrastructure and facilities, are being channelled – without any public consultation – to fund the  Council’s own activities and properties (and notably, to pay for the expansion of HighLife  Highland’s swimming pool in Nairn, which is structurally near end-of-life).

• The allocation of dedicated grant-funding (such as the Town Centre Fund and Place Based  Investment Funding) has been arbitrary, secretive and without any public discussion or engagement.  This contrasts with the open bidding process undertaken elsewhere (eg in Moray) for such funds.

We will be looking to our Councillors to investigate, review, and revise funding allocations and  management charges across the Highland region in order to safeguard Nairn’s Common Good Fund,  to achieve more equitable distribution of resources, and to ensure timely notification and open  discussion about available financial grants.

The new Academy (and the Library) 

The current school building is unfit for purpose, the site is constrained by the railway and adjacent residential housing, and access is limited. Public engagement in the planning for a new academy has been restricted  (until late 2021, CCs were excluded from the stakeholder meetings and planning discussions).

Recent new schools elsewhere have suffered from design failures (eg Wick) and inadequate capacity forecasting (resulting in the addition of portakabins – eg at Culloden).  

The future location of the Library (and indeed other facilities eg the swimming pool) should be considered  separately on their own merits and not simply as possible component parts of a new Academy. The Library  must be located and managed so that it best meets the needs of the local community and complies with  official policies on sustaining town centres.

We expect our Councillors to examine all possible alternative locations for a new academy (as recently  indicated by the Executive Chief Officer responsible); to ensure that lessons are learned from the  planning and design failures elsewhere; and to give proper and separate consideration to the future of the Library and other community facilities.

Health and welfare 

In the wake of Covid, concern has been expressed about the delivery of vaccinations by NHS Highland.

Requiring Nairn residents to travel to Inverness for immunisations is a nonsense when the town has a high quality modern health centre and an efficient and willing General Practice able to deliver this service.  Arranging ad hoc clinics at the Community & Arts Centre is an illogical and inefficient alternative.

We hope all Nairn Councillors will be prepared to campaign vigorously for the reinstatement and  continuation of vaccinations – and a full range of healthcare services – at our local health centre.

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These are just a selected few of the most pressing current issues. Many other subjects will be on the agenda  for the new Highland Council when it is confirmed in office.

We are under no illusions. The Council – and indeed the government – is in a difficult financial situation.  Hard choices will have to be made. But the need for prudent management actually makes it even more  important to ensure fairness and transparency in the deployment of resources and the efficient provision of  services.

Joint collective action is needed to speak up and act in support of Nairn’s interests, and to work to make the  town a better place to live, work and visit. As Community Councils we are ready to play an informed and  constructive role.

We wish you well in your task as councillors, and we look forward to a close and productive working  relationship over the next four years.  

Yours sincerely,

Alastair Noble Hamish Bain

Dr Alastair Noble. MBE Hamish Bain Interim Chair, NW&S CC Chair Nairn River CC

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Have your say on Local Development Planning for Nairn. Public Meeting 7pm Newton Hotel 17 May

DEVELOPMENT PLANNING IN NAIRN

FOR NEXT 10 YEARS

 PROPOSED INNER MORAY FIRTH LOCAL DEVELOPMENT PLAN

PUBLIC MEETING

Muthu Newton Hotel

17th May 2022 at 7.00 p.m.

Mr. Malcolm Macleod, Exec Chief Officer, Infrastructure, and Development Planning

Ms. Kate Lackie, Executive Chief Officer for Nairn, Performance & Governance

———-v———-

An opportunity for the Community to question Highland Council senior officials on what developments, changes, infrastructure improvements and delivery timescales are being proposed for Nairn and how they would benefit the Town and the local economy

———-v———-

Everyone welcome and encouraged to comment, in writing, on the proposed plan for Nairn which is open for final public consultation as part of Inner Moray Firth Local Development Plan and can be found here

Deadline for submitting your views is 17th June 2022

Next public meeting of Nairn River Community Council Wed 18th May at 7.30 online- all welcome

Agenda 18th May 2022

Members of the Public wishing to attend the above Meeting should send an email to: nrcc.online@outlook.com including their name and postcode.

The invitations will be sent close to the meeting date.

Don’t forget also the Public Meeting at Newton Hotel the night before Tues 17 May at 7pm

A chance for Nairn people to discuss with Highland Council Officials the Inner Moray Firth Local Development Plan and have your say on what is planned for Nairn.

More information here on our blog

The next public meeting of Nairn River Community Council will be held on Wednesday 20th April at 7.30 pm on Zoom. The Agenda is below

Agenda 20th April 2022

Members of the Public wishing to attend the above Meeting should send an email to: nrcc.online@outlook.com including their name and postcode.

The invitations will be sent close to the meeting date.

Should Nairn Library move to new Academy? A few lessons from Wick

The Highland Council has this week on 7th March launched a short consultation, on a proposal to relocate Nairn Library from the High Street to Duncan Drive as part of the new Nairn Academy campus. Local people/library users have 2 more weeks till 25th March to make their views known.

The consultation link is here

Nairn Library Consultation March 2022

The online consultation  is open from 7th till 25th March 

The online form should be saved to your computer and submitted once completed  by emailing  to nairn.library@highlifehighland.com 

The less computer literate are invited to print the form out to fill in and hand in to the Library before the 25th March deadline

A face to face consultation will also run – but only for one week from 7th to 11th March in the Nairn Library on High St with staff available to answer questions

Please have your say  on the future of this important community facility

Some Lessons from Wick on new schools and libraries

Nairn community councillors have recently met with our Wick counterparts to share their experiences of having a new High School built (opened in 2017) by Highland Council. They have as part of this. had their library relocated from the old ‘ Wick Carnegie Library’ building in the town centre – a heritage ‘gem’

Their school campus took 4 years to build and includes the High School, a primary and nursery school and Highlife facilities including a swimming pool and the local Public Library ( relocated from the Wick Carnegie Library ). There have been many problems with this which we in Nairn must learn from.

The ‘Post Occupancy Evaluation’ of the new Wick school campus, a public document from 2018, makes very sobering reading, along with our feedback from Wick community councillors on current and ongoing problems with the fabric and design of the new building. These include the following

Many concerns raised at the High School planning /public consultation stage by the community were not taken on board by the planning team/developers

A request for 3D models was not provided till the school was 75% built and so too late to pick up multiple ‘design flaws’. This has resulted in costly and ongoing problems 5 years after the school has opened

The two storey library has a serious ‘noise problem, being ‘open plan’ to a communal area, with the ground floor library reception area also used as the swimming pool reception where younger children often play whilst siblings are getting swimming lessons. We are told that ‘members of public complain about the noise from children’ A lesson for Nairn.

5 years on there are already serious problems with wear and tear on the building inside and out, and major storm damage in late 2021 to the gym hall ( community concerns were raised about the ability of the building materials used to withstand the Caithness weather from the start) Here is the local press coverage of the recent storm damage

Issues with road access and safety of parking and drop off , which were not well planned for local traffic and pedestrian realities

Building users saying they would have liked to have had much more input into design issues from the start.

Ongoing heating and ventilation issues with overheating of some parts of the building, and snow entering vents in others

Serious leaks and flooding before the building was occupied due to poor workmanship/ poor quality materials

Ongoing roof leak problems.

Green ‘passive ventilation’ systems don’t work well due to Scottish climate ( rain wind etc)

Design flaws in the swimming pool viewing area meaning the pool can’t be seen from parts of it.

More than 6000 snagging issues, some still unresolved

Numerous design changes during the build, such as removal of a planned ‘cafe’ area and addition of an ‘accessible toilet’ in nursery area which was missed from plan.

High School Reception area had to be relocated due to ‘cold draughts’ – another point raised by community representatives at the design stage but not taken on board.

The primary school sports hall is not useable for shows/performances as too bright and no blinds were fitted to provide a dark space.

Serious issues with seagulls nesting on low pitched( ie flat) roofs. ( another point raised by the community early on)

Finally – it seems that 5 years on the new Wick High School is already too small – as local pupil numbers have grown faster than Highland Council projections. Another concern for Nairn since we have been told that the new Nairn Academy will accommodate fewer pupils than the last one, despite developers like Springfield pushing to get plans passed by Highland Council to build more houses in Nairn even without a confirmed A96 bypass.

All food for thought for Nairn Academy campus planning and the proposed Library ‘move’.

Nairn River will be discussing this Library proposal at our upcoming meeting on Wednesday 16th. Details of our Agenda and how to join the Zoom meeting here

Local residents are welcome to attend and share their views on Library or new Academy plans or other community concerns ( or email them to us on info.nrivercc@gmail.com) Make sure you fill in the Council Library consultation form too.

also see our latest Nairn Common Good News

where we have posted two Nairn River CC submissions regarding Nairn Common Good public consultations which close this week – on

1/ Links Kiosk ( James’s Cafe) lease extension (which we support with some conditions) and

2/ a proposal to sell Grant Street Yard -which we don’t recognise as valid -due to failures in due process by Nairn Common Good Trustees. We ask for this to be withdrawn till after the May Council elections when new Highland Councillors/Common Good Trustees will be appointed to help improve Nairn Common Good governance, and ask that wider options for this Asset should be explored and consulted on including leasing (with sale as last resort)

Next Nairn River CC meeting Wednesday 16th March

The next public meeting of Nairn River Community Council will be held next Wednesday 16th March at 7.30 pm on Zoom. The Agenda is below

Agenda 16th March 2022

Members of the Public wishing to attend the above Meeting should send an email to: nrcc.online@outlook.com including their name and postcode.

The invitations will be sent close to the meeting date.

Suggest a name for the new town centre block of council flats

Nairn River CC, as the local community council, has been asked by the Highland Council ‘Corporate Address Gazetteer’ ( CAG ) Team to propose, on behalf of the local community, a suitable name for the new block of 12 social housing flats, which are nearing completion on the site of the former Community Centre in Nairn’s Town Centre.

Any suggestions received from the public will be tabled at our next public meeting on Wednesday March 16th for discussion with Nairn’s Highland Councillor(s) and the developer (if available to attend) with a view to agreeing a proposed name to take forward

If a name cannot be agreed at a community council meeting- the matter will be taken forward to the next Nairnshire Committee (likely to be after the May elections) for decision by local Highland Councillors

Guidance we have received from the Corporate Address Gazetteer team on the process for naming streets and buildings recommends that planning permission should stipulate that a name should be agreed before construction begins. However as we have just been asked to contribute as a CC as the building reaches completion, we are asking local residents for help to propose a suitable name at our next meeting on March 16th.

If you have a suggestion for a name for these new flats – please let us know by emailing info.nrivercc@gmail.com or give one of your community councillors a phone.

Ombudsman Complaint Against Highland Council Upheld re Town Centre Project -a joint statement by Nairn Community Councils


Nairn River Community Council and Nairn West and Suburban Community Council welcome the Scottish Public Service Ombudsman’s findings and decision in relation to the Highland Council’s decision-making, funding and delivery of the town centre new housing/offices building.
The Ombudsman’s verdict is unequivocal. Highland Council got it wrong:
• the Council failed to follow appropriate process during decision-making on the Nairn town centre project and its funding;
• there was no evidence that suitable projects were invited, identified and considered;
• the taking of decisions in closed Ward Business Meetings was inappropriate, contrary to good governance and lacking in transparency;

These conclusions echo very closely the comments and objections originally raised by local Community Councils and others – which were ignored and dismissed at the time by Highland Council.

This outcome shows that these local concerns were fully justified, and that it was right to submit a formal complaint to the Scottish Public Service Ombudsman (SPSO)


We believe those responsible ought to be held accountable for the failings now identified.
This is not a minor oversight or a matter of procedural detail. It was not an error by a single individual. There was a systemic failure.


The Council did not comply with its own rules.

Those who took the decisions on the spending of a substantial Town Centre Fund allocation in Nairn were neither open nor transparent.

Instead of using the funding to “repurpose existing town centre buildings… to improve access and infrastructure”, they ignored the existing agreed and approved Town Centre Regeneration Plan and channelled the available money into an entirely new build, a project which the Ombudsman has pointed out, was “unsupported by documentation”;


The SPSO report highlights the fact that “no other project options were invited, explored or considered.” At no stage were any other proposals assessed or ranked – as required by the Council’s own policy guidance – in the Nairnshire Area Committee.


Indeed the Ombudsman notes that the principles of the Council’s localism agenda – bringing decision making closer to communities – were observed by other Area Committees, but not in Nairn. In commenting on the process in Lochaber (which the Council had cited in its own evidence) the SPSO verdict points out that

“…It was precisely this sort of decision-making which was lacking in Nairn. Rather than add weight to the Council’s position, this evidence instead highlights what was wrong with the decision-making process in Nairn.”


The SPSO verdict spells out that the Council’s conduct was “contrary to good governance”.
• In plain language, what happened in Nairn was a stitch-up, decided and delivered
behind closed doors.
• Nairn’s elected Councillors, and the officials involved, failed to observe the principles,
and the practice, that the rules require and that we have the right to expect.


The SPSO decision requires the Council to apologise for this failure, and to take steps to improve the way they operate.

That is about the least we might expect. But what remains, in the centre of our town, is a lasting monument to the unsatisfactory conduct and actions of our elected representatives and the local authority.


It is even more disappointing that those in Highland Council who were responsible for monitoring the process and applying agreed procedure not only failed to do so, but were actually complicit in the actions and decision-making which the SPSO has found to have fallen short.
We believe that those who did not comply with proper procedure and those who are responsible for, or sought to excuse, the shortcomings identified by the SPSO ought to be held directly accountable for those failures.

Without such accountability, it is difficult to see how public trust in the integrity of the Council’s decision-making can be restored.


Nairn West & Suburban CC
Nairn River CC
February 2022

Full text of the 16 page Ombudsman decision sent to the complainant 10 February 2022 is here subject to final review. The final decision will be laid before Parliament and published online on the SPSO website

see also coverage in Inverness Courier 15 February 2022

Next NRCC Meeting Wed 16th February

The next public meeting of Nairn River Community Council will be held next Wednesday 16th February at 7.30 pm on Zoom. The Agenda is below

Agenda 16th February 2022

Members of the Public wishing to attend the above Meeting should send an email to: nrcc.online@outlook.com including their name and postcode.

The invitations will be sent close to the meeting date.

Nairn Common Good latest – miscoding errors, illegal parking charges and a withdrawn Planning application

2022 has so far been very busy on the Common Good front for both of Nairn’s (former Royal Burgh) community councils. We hope that this year we will see long awaited progress on an improved ‘governance’ structure for these valuable Nairn assets with the local oversight we have been asking for for 25 years since we lost Nairn District Council.

Its not just Nairn !

We’ve heard from Wick Community Council that we are not alone in having concerns about the way Highland Council is imposing parking charges on Common Good land without proper prior public consultation. It is happening in Caithness too. We will be meeting soon online with Wick CC members to compare notes, and interesting to hear that a Council Officer told them how well the new parking ‘scheme’ was working in Nairn!

Research by our colleagues at Nairn West and Suburban CC has also revealed that Nairn seems to be the only town in Highland whose Common Good Fund is being charged by Highland Council for maintenance of Common Good land in regular use for public recreation, as in other places the Council looks after such assets in lieu of rent.

Accounting anomaly leads to double charging

NWSCC have also spotted two significant accounting anomalies in Nairn’s Common Good ‘accounts’, with Highland Council apparently ‘double charging’ Nairn Common Good Fund since 2011 for maintenance of the paddling pool area at the Links (where the new Splashpad is now), when these fees (amounting to around £70,000) were already paid to HighLife Highland(HLH) by Highland Council as part of the HLH service delivery contract.

Additionally it was noticed that Highland Council had billed Nairn Common Good £25,000 for internal project costs for the new Splashpad which the Council had already agreed to contribute to the project. We understand that this will be repaid to Nairn Common Good Fund.

When these anomalies were pointed out the Highland Council said it was a ‘miscoding’ error. It is concerning that none of our 4 elected Councillors as Common Good Trustees had noticed it.

More information here in letters sent to the Council from NWSCC.

NWSCC letter re Splashpad Maintenance Dec 2021

NWSCC letter re Splashpad Maintenance Jan 2022

This story was also covered by Inverness Courier’s Nairnshire Edition

Parking Charges on Common Good land with Council taking 50% are likely to be illegal

Legal advice has been taken by NWSCC on the current ‘voluntary’ parking charges imposed without any prior consultation with Nairn residents by Highland Council. It has emerged that there is no record of a Traffic Regulation Order in place to permit the Links/Cumming Street and Maggot Common Good recreation areas to be ‘managed’ as car parks by Highland Council. A senior Scottish lawyer ( an expert on Common Good Law) has identified the introduction of charges for parking on Nairn Common Good land as a ‘change of use’ requiring prior public consultation and has also advised that the ‘top slicing’ by Highland Council traffic department, of 50% of parking income to cover THC ‘operating costs’ is likely illegal under current Scottish legislation which says that 100% of revenue raised from Common Good Assets should be paid directly into that Common Good Fund.

These concerns are detailed in this joint letter sent by Nairn River CC and NWSCC to Highland Council in January 2022

Here also is a reminder from our blog of the questions we raised last summer with Highland Council when this dubious charging scheme was first imposed by Shane Manning Highland’s Traffic Manage. It includes a link to an example from Angus Council area of the economic damage charging for parking can do to footfall and local businesses in small towns

Camper Vans at the Maggot ? And still no Harbour Street public toilets?

A Planning Application was lodged during the Xmas holidays by Highland Council to erect a ‘Camper Van Waste Disposal facility’ on the Maggot (Common Good) Car Park. We were given between 22nd December and 6th January to note interest as a CC in responding as Statutory Consultee and we just made it in time to request for an extension till after our first meeting of the year on 19th January. Objections were raised by both Nairn CC’s to this premature Application as it represents yet another ‘change of use’ on Common Good Land without the required prior community consultation, and also presents public health and environmental implications due to pollution risk in a fragile area. The Maggot location is also unsuitable with camper van facilities ‘next door’ at Parkdean, whose profit margins are already vulnerable post COVID, without publicly subsidised competition undermining business.

We understand that Parkdean management (who pay rent to Nairn Common Good Fund) were not consulted by Highland Council prior to this Planning Application being lodged.

Nairn River CC are of the view that any Highland Council spend on ‘visitor provision’ should prioritise the urgent need for flood proof public toilets at the Harbour which could include camper van waste facilities and cater also for the sailing community.

Here are the submissions sent to Planning by the two Nairn Community Councils.

We continue to push for improved public toilet and other visitor facilities in Nairn.

Nairn River CC submission

Nairn West and Suburban CC submission

Shortly after these and other letters from Nairn CC’s highlighting a range of concerns about Nairn Common Good management, were submitted to Highland Council, this Planning Application for a camper van waste disposal point at the Maggot was withdrawn and all documents including the application and public comments were removed from the Highland Council planning portal.