They’ve Got Previous
Council Caught at Common Good Capers in 2017 Land Sale
Looks like Dumfries & Galloway Council have been rumbled and caught with their corrupt knickers around their corporate ankles again—this time with the sale of common good land in the Noblehill area of Dumfries.
A Daily Record article from 2017 reports how public open space at Parkhead was sold off after agreement by the common good subcommittee. To quote one resident, “The most aggravating part is that there was no public consultation whatsoever,” with a council spokesperson responding “The decision to sell was agreed by members of the council’s common good sub committee.”
We looked out the minutes of the Dumfries Common Good Subcommittee meeting from 27 March 2017, and it comes cross as suspicious to say the least.
The decision to sell Parkhead is made in item 9.1:
AGREED to sell Common Good land at Parkhead, Noblehill, Dumfries
Before that, however, in item 8 the subcommittee ensured there would be no public scrutiny:
AGREED to adopt the resolution to exclude the public from the meeting
And item 7, before that:
NOTED there were no other items of business
Just before which:
MEMBERS - Andy Ferguson and Colin Smyth entered the meeting
So in chronological order, it would seem that:
Andy Ferguson and Colin Smyth arrived.
Just in time for no other business to be declared (in other words, they arrived for one reason and for one reason only).
After which they chucked the public out.
Then voted off common good land for housing development.
No mention of alienability. No mention of section 75(2) sheriff’s permission. Nothing. Almost like they didn’t even think about it. Or care. That’s certainly how it appears from the minutes.
Delving further, we issued a freedom information request to DGC, requesting:
Copies of the title deeds . . . determining ownership and common good status of the land.
DGC Response: “Title deeds relating to the same can be obtained directly from the Registers of Scotland.”
DoD Comment: No such deeds are to be found. In any case, if the council actually possessed them, under FOISA regs they should have provided a copy.
2. Any internal reports, legal advice, or file notes that record or summarise that review of title deeds.
DGC Response: The information is exempt under section 36(1) of FOISA . . . legal advice privileged.
DoD Comment: More opacity from the council. It’s almost like they’ve got something to hide.
3. . . whether the common good land at Parkhead was assessed as alienable or inalienable.
DGC Response: The Common Good land was assessed as alienable. The documents surrounding this decision are exempt under section 36(1) of FOISA . . . in this case legal advice privileged.
DoD Comment: Alienable parkland? We strongly suspect they’re lying. (See below.)
4. Confirmation of whether a petition under s.75(2) of the Local Government (Scotland) Act 1973 was sought.
DGC Response: No petition under s.75(2) of the Local Government (Scotland) Act 1973 was sought. The documents surrounding this decision are exempt . . . legal advice privileged.
DoD Comment: Déjà vu, anyone?
5. Confirmation of whether a consultation under s.104 of the Community Empowerment (Scotland) Act 2015 was sought.
DGC Response: section 104 did not come into force until 27th June 2018
DoD Comment: The one thing they were right about.
The classification of Parkhead as ‘alienable’ common good land is highly dubious. In his article Common Good and the Law, Scott Blair, member of the Terra Firma Chambers Scottish Faculty of Advocates, states that s75(2) (and thereby the requirement to apply to court for sheriff’s permission) is likely to apply ‘Where there has been a public building or area of land which has a public purpose’ or ‘where there has been use from time immemorial by the public’.
It may take some time to get to the truth of this matter, and we could be wrong, but let’s just say we’ve been here before. We suspect that Dumfries & Galloway Council are lying through their teeth, sending people on wild goose chases and up blind alleys, linking to websites where the information is nowhere to be found, kicking the can down the road until they get caught with their pants down.
And not for the first time—because, let’s face it, they’ve got previous.
DoD
Right of Reply: Contact DoD@DeclarationofDumfries.co.uk with additional or alternative information. Anonymity guaranteed.