Decision details

(i)       to note the content of the report in relation to listing of all 8 multi- storey buildings at Category A by Historic Environment Scotland and the implications of this on the council and owners;

(ii)       to note the advice in relation to the appeals process for a listing and instruct the Chief Officer - Corporate Landlord to review this advice and if there are competent grounds for such an appeal to submit this within the required timescale, incurring such professional fees as required, within the Delegated levels of the Chief Officer - Corporate Landlord;

(iii)      to note the Briefing Paper January 2021 which states "Importantly, an appeal can be made only on the grounds that the building in question is not of special architectural or historic interest and should be removed from the list.";

(iv)      to agree the buildings in question are not of special architectural or historical interest and as such should not be Category A listed;

(v)      to agree to instruct the Chief Officer - Governance to obtain Counsel’s opinion for a Judicial Review, if the appeal is unsuccessful, the cost to come from existing budgets;

(vi)      to agree that the Co-Leaders send the letter (circulated at the meeting) to the Local Government and Housing Minister, Kevin Stewart MSP to be signed by any group leader who wish to put their name to it, seeking his support in lobbying Scottish Ministers against this unjust decision; and

(vii)     to agree to delegate authority to the Chief Officer – Governance, following consultation with the Co-Leaders, to determine whether to instruct a Judicial review after consideration of the opinion received and within the legal timeframes and to report that decision to Group Leaders.