Laid, Polla and Port-Na-Con
Residents’ Association
laid_residents@europe.com
held on Thursday, 20th
February, 2003 at 20.00 hours at Durness Community Hall
Residents’ Association Members present: Eddie Meyer, Jean Morrison, Alfred Walker, Andrew Marsham, Sergio Blanco, Hugh MacLellan, Jenny MacKenzie-Hillcoat, Lesley Smith, Charles Smith, Frank Morrison, Lotte Glob, Lesley Black
Durness Community Members
present: Ann Avison, John Avison, Francis
Keith, Donnie MacKay, Iris MacKay, Yvonne MacKay, Kenny MacRae, Martin MacKay
Neil Ross: attended on behalf of the Scottish Land Fund
1. Letter dated 31st
January 2003 requesting Extraordinary General Meeting
The meeting was called as a result of a request from Hugh MacLellan, Kenneth MacKenzie-Hillcoat, Jenny MacKenzie-Hillcoat, John Whitelaw, Elisabeth Whitelaw, Charles Smith, Lotte Glob and Colin Curtis under Sections 5.2 and 5.3 of the Association’s constitution. Their letter of 31st January, 2003 was read. The reason for calling the meeting was to discuss the proposal from Durness Estate; copies of this have already been distributed.
2. Collection
and Validation of Proxy Votes
The Chairman read the names of Residents’ Association Members who had sent Proxy Votes to the meeting as they were unable to attend in person:
Jane Blanco, Jo-Anne Blanco, Colin Curtis, Bryony Smith, Jonathan Dale, Kenneth MacKenzie-Hillcoat, Brigitte Meyer-Damm, Elisabeth Whitelaw, John Whitelaw, Lotte Glob, Iain Black, Kenneth Black.
The proxy form from Lotte Glob was subsequently withdrawn as she was able to attend in person.
Three members were not represented at the meeting.
3.
Confirming
members present or represented by Proxy
89 Laid Blanco, Jane Proxy to Sergio Blanco
Blanco, Joanne Proxy to Sergio Blanco
Blanco, Sergio Present
90 Laid MacLellan, Hugh Present
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Laid, Polla and Port-Na-Con
Residents’ Association
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91 Laid Curtis, Colin Proxy to Jenny MacKenzie-Hillcoat
92 Laid MacKenzie Hillcoat, Janet Present
MacKenzie Hillcoat, Kenneth Proxy to Jenny MacKenzie-Hillcoat
94 Laid Smith, Anne Present
Smith, Bryony Proxy to Hugh MacLellan
Smith, Charles Present
96 Laid Morrison, Donald Not represented
Morrison, Joyce Not represented
97 Laid Dale, Jonathan Proxy to Jean Morrison
98 Laid Meyer, Edgar Present
Meyer-Damm, Brigitte Proxy to Edgar Meyer
99 Laid Morrison, Frank Present
Morrison, Jean Present
100 Laid Whitelaw, Elisabeth Proxy to Hugh MacLellan
Whitelaw, John Proxy to Hugh MacLellan
105 Laid Glob, Charlotte Present
107 Laid Walker, Alfred Present
Polla Marsham, Andrew Present
Marsham, Gillian Not represented
Port-Na-Con Black, Iain Proxy to Lesley Black
Black, Kenneth Proxy to Lesley Black
Black, Lesley Present
4.
Statement by
Chairman
The offer from Durness Estate was received on 3rd January, 2003. An Executive Committee meeting of the Laid, Polla and Port-Na-Con Residents’ Association was held on 5th January, 2003 and was attended by Ian Wilson. Members were notified by letter dated 6th January, 2003 and were asked for their comments prior to holding a general meeting. In addition Laid crofters resident in Durness (Robbie MacKay and Donnie MacKay), Rispond Estate (Charles Marsham), Durness Community Councillor (Kenny MacRae), Highland Councillor (Francis Keith), Durness Grazings Committee (Martin MacKay), Scottish Land
Fund (Neil Ross), CADISPA (Geoff Fagan), Northern Times (Ronnie Lansley), and Press & Journal (Sue Restan) were also sent copy of offer. Durness Community Council was informed by me personally at their meeting on Monday, 6th January, 2003.
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Residents’ Association
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Hugh MacLellan was notified in person prior to the letters to members being sent out, and the offer was discussed in detail. It was agreed that the offer by Durness Estate, as well as the buy-out under Land Reform Bill, should be pursued by Laid Residents’ Association and Laid Community Group respectively. Meeting with Ian Wilson present would be called in due course. After the meeting there would be more detailed information and a vote should be taken on which road to go.
Responses received to the letters sent in January came only from Joyce and Donnie Morrison, 96 Laid, Donald MacKay (croft 91 Laid), Geoff Fagan and Neil Ross. Before summary of response background information why it came to offer from Durness Estate:
Background - Meeting was held on 29th November, 2002 with Ian Wilson present. Situation in Laid was discussed and Ian Wilson was asked by Laid Residents’ Association if alternative to Land Reform buy-out could be found involving the Association and Durness Estate. Prior to this Laid Community Group Secretary had been asked in writing four times since April 2002 to provide information (constitution, minutes etc.) on 29th April, 17th May, 13th June and 4th August. The result was negative even though Kenneth MacKenzie-Hillcoat promised at meeting with Lord Thurso on 29th July, 2002 that information would be provided.
At no time did the Executive Committee of the Residents’ Association committee state that it intends to accept the offer; only that the offer should be discussed further, also that the offer should only be seen as a first step. No offer will be accepted or rejected by the Executive Committee of the Residents’ Association without the mandate of the Laid Community.
Many question need to be asked and points of the offer can be improved on. This can only be done with Ian Wilson present. For example: the 51:49 split (Directors of Community Body would be 3:2); who are the associates Ian Wilson refers to in his offer ?
There would be no costs at all for Laid.
Port Chamuill question is in the hands of the Land Court. Laid Residents’ Association is not actively pursuing Port Chamuill to be part of Laid. If the Land Court decides in favour of Laid it needs looking at again.
Laid would receive monies (to be defined) even if minerals would be worked on Durness ground. This would not be the case under the Land Reform buy-out.
Final Note: One cannot expect 100% as a gift if one offers to give away something voluntarily and, in addition, offers further income to the community for the future even though he does not have to do so. Also, not knowing when the Land Reform eventually becomes law (there could be objections or court cases instigated by land owners or estates) this opportunity is available to Laid today.
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Residents’ Association
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5. Statement
by Hugh MacLellan
Hugh MacLellan asked if the Press & Journal article stating that the Residents’ Association had “agreed to proceed” on the Durness Estate Offer was right or wrong, since the publication of this had prompted the calling of this EGM. There was also great concern that this offer from Ian Wilson was to promote the proposed Superquarry.
The Chairman confirmed the newspaper article was incorrect and that the Executive Committee had said no such thing and if the Laid Grazings Committee or Laid Community Group had contacted him he would have stressed this as he had done at the meeting with Hugh MacLellan on 6th January.
When asked why he had not asked the press to correct the statement, the Chairman said there was little chance of getting the press to correct anything, so why waste the effort.
Francis Keith added that “we all know what the press is like anyway”.
5.)
General
Discussion
NB – Much of the following was discussed
during the Chairman’s and Mr. MacLellan’s statements.
In his letter to all Association Members of 6th January, the Chairman had requested comments to the offer, but had received only two from individuals of the community, plus one from the Land Fund and one from CADISPA. Copies of the last two were circulated at the meeting. The letter from Joyce Morrison was partly indecipherable, but basically it said “that they were fed up with all the arguing, they just wanted the matter sorted and to be left alone”.
As regards the Superquarry the Chairman had received a letter from Francis Keith stating that “for as long as he was Councillor he would object to any Superquarry proposal for Durness/Eriboll”. There was also a copy of a letter to John Rennilson, Director of Planning, High Council from Ian Wilson requesting that the Highland Council Structure Plan be amended since he would not be advocating open pit workings and “any Rock Caverns worked underneath the Laid Common Grazings must exit by tunnel well north of the Port Chamuill area and be effectively screened from Laid”.
Eddie Meyer said that the Laid Community Group’s meetings were being held almost in secret.
Hugh MacLellan queried as to why there was misapprehension when the Residents’ Association’s Chairman knew about the meetings but had not attended, and if he wanted more information he should do so.
Jean Morrison asked why the Laid Community Group meetings were not held in “Public Places” ?
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Residents’ Association
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Hugh MacLellan responded: because to save money they were held in someone’s home in Laid, alternatively Charles Smith had offered, free of charge, the Laid Tea Room.
Hugh MacLellan asked why we had to have a meeting about Laid in Durness Community Hall which meant a waste of fuel and time travelling, and also pointed out that it was not in the Residents’ Association constitution that the meetings must be held in a public place ?
It was agreed this discussion was “going no-where” and was moved on.
Francis Keith was asked what had happened about the quarry and how could Ian Wilson influence this by his letter to John Rennilson ? He replied that only the Scottish Executive can now amend the Structure Plan and he believes that Ian Wilson is trying to impress upon the community that he is not now wanting a Superquarry, but this was conjecture as Ian Wilson is the only one who can answer the question.
The discussion returned to the offer.
Hugh MacLellan asked “who of the Residents’ Association thinks this is a good idea” ?
Eddie Meyer replied that this was a first offer and further information and discussion was needed.
Jenny MacKenzie-Hillcoat then asked what was the advantage of this offer over the Land Reform Bill and was there to be an Association meeting before the one with Ian Wilson in March ?
Iris MacKay asked what does Laid Residents’ Association expect from this ?
Eddie Meyer re-iterated that more information was required.
Sergio Blanco suggested that the two offers should be weighed up and opinions of all the community should be sought, even if they do not have voting rights.
Hugh MacLellan asked what had Durness Estate given to Laid in the past 20 years ?
Eddie Meyer replied that the community had been given £ 1000 for the TV mast, but when that did not materialise the money was distributed through the community for assistance towards satellite TV.
Hugh MacLellan said that £ 1000 divided by 20 years and about 20 or 30 homes works out at about £ 1 per house per year. There was not even a signpost in Durness indicating that Laid exists and Ian Wilson has done nothing physically in Laid in that time. How did the offer differ from the one made to Laid and Durness in 1999 (40/40/10/10 split) ?
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Residents’ Association
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Jenny MacKenzie-Hillcoat stated that in the experience of Laid Grazings Committee Ian Wilson had no track record for keeping promises. In 1999 he had made contact with the Laid Grazings Committee and made a promise to keep in touch every month and that information to and from would be very welcome. Since that written assurance from him Laid Grazings Committee had heard nothing specific from Ian Wilson.
It was noted that some Association members had good experiences and some not so good experience with Ian Wilson.
Sergio Blanco asked Neil Ross “How soon will the Land Reform Act come and had it had ‘Royal Assent’ ?”.
Neil Ross replied that apart from some amendments now being passed, the Act, which had already received the Royal Assent, would come into force in June/July this year. He also added that there was no money attachment in the Legislation, i.e. “The community has to find its own funding, the Legislation did not allocate any”. Funding could be by way of personal contribution. Funding Application via the Land Fund Unit, etc. Part 3 of the Legislation defines a Crofting Community as “all those living in the community as well as those who have crofting rights and live within 16 km of that community”. If a group approaches the Land Fund Unit for assistance with funding then that community must demonstrate cohesion and “sustainable, broad democratic community support” (see Land Fund Letter). The boundaries also need to be clearly defined before an application for funding could be considered.
Hugh MacLellan stated he did not believe that nothing could be given for nothing.
Charles Smith asked what had happened to make Ian Wilson change his mind.
Francis Keith suggested that it is the Land Reform Bill.
Hugh MacLellan re-iterated that he believed this was all so that Ian Wilson could get a Superquarry and he proposed that “The Residents’ Association rejects the proposal contained in Mr Wilson’s fax from Durness Estate of 1st January 2003 and does not wish to undertake any further discussion with Mr Wilson on this subject”.
Jenny MacKenzie-Hillcoat seconded the motion.
No vote was taken at the time as the discussion moved on to the Land Court Hearing and its effect on the offer.
Andrew Marsham referred to Ian Wilson’s letter which stated “The new Community body in order to maintain good relations with Durness Common Grazings would indicate that they had no wish to acquire the Port Chamuill area”. By implication, therefore, unless Laid Grazings Committee withdrew its claim on the Port Chamuill area, Ian Wilson’s offer will be off the table.
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Residents’ Association
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Hugh MacLellan said that, so far Laid Grazings Committee had been furnished with a number of maps pertaining to the Laid Common Grazings boundaries. These had come from various sources including the Crofters’ Commission, Highland Council’s Mapping Department, Solicitors, etc. The whole issue was something of a ‘mish-mash’ since even Ian Wilson apparently did not know where the boundaries are and had requested Laid crofters to provide information about their own crofts and the people that lived on them, so that he had some idea of the boundaries.
Andrew Marsham stated that, surely, the best way to find out is to ask the landowners.
Hugh MacLellan said that we have to legally define the Laid Common Grazings boundaries before any land buy-out can take place if that is what the people of Laid want. It is important for all parties to accept the decision of the Court, whether the north boundary is set at the Port Chamuill burn, the Port-Na-Con burn or even the School House burn.
Francis Keith stated that this dispute over the boundaries has “disgusted” the people of the parish.
Kenny MacRae added that the issue was holding up several important community projects, and suggested that Hugh MacLellan was causing unemployment. Why should public money be wasted on a Land Court Hearing when the community should be able to resolve this.
Jenny MacKenzie-Hillcoat asked why it was thought this was a waste of money when it was important to get it right.
Francis Keith stated that Laid Community Group was the waste of money.
Hugh MacLellan said as far as he was concerned no person in Laid was against the Eriboll pier and it is a major benefit for the area and that the Pier Committee should run it.
Francis Keith asked why was Laid Grazings Committee disrupting the Community ?
Hugh MacLellan did not accept this and said the boundary situation could not go on forever and he did not intend to leave the uncertainty to his children or the future children of Laid, and that he was prepared to take any flack any time to resolve this issue now.
Hugh MacLellan asked Francis Keith if he thought that Durness could manage the land if it was taken over by them.
Francis Keith replied “No, because they believe it would be too divisive, and you only have to look at Assynt to see the difficulties and what bad feeling there is”.
Martin MacKay, the Durness Grazings Committee Chairman, stated that he was in no doubt that Port Chamuill was part of the Durness Grazings.
Hugh MacLellan stated that he wanted to continue with the Land Court hearing so that the issue can be finally and legally settled.
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Residents’ Association
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Martin MacKay re-iterated that he was sure it was Durness Grazings.
Francis Keith implored Hugh MacLellan to drop the Chamuill ‘claim’ so that the Community could come back together and make a fresh start.
Iris MacKay asked “why do we need a Residents’ Association in Laid anyway” ?
Eddie Meyer replied that the group was started after learning that with the implementation of the Land Reform Bill and its requirement to define a ‘community’ some people were being excluded from the community and to try to be inclusive the Association was viewed as the way forward.
Iris MacKay then enquired as to why she and her family, who had long standing ties with Laid, were not permitted to be part of the Association, and because of this they did not know what was going on.
Jean Morrison informed Iris MacKay that under the Association rules to belong to the Association a person had to reside in Laid; as the MacKay’s did not reside there they could not, by definition, belong to the Association.
Sergio Blanco suggested that, perhaps, the Association had originally been a little too exclusive and that in the future a better definition for Association membership would be open to those who pay Community Tax, and not just resident, thus making it more inclusive.
Lesley Smith asked if anyone thought the Ian Wilson offer was worth discussing.
Eddie Meyer replied that, in his opinion, the offer was ‘not good enough’, but that further information was needed from Ian Wilson and this was to be discussed at the originally proposed EGM to be held in March, when Mr Wilson would have been present.
Yvonne MacKay wanted to know how Laid was going to be a better place under a ‘buy-out’?
Charles Smith responded that if the community owns it, at last they will know who the landowner is, because at present they do not – who are Vibel ?
Francis Keith stated that he definitely was not part of Vibel, neither was anyone else from Durness part of them, despite the popular belief of some persons present. He went on to say that the Durness Community Council had wanted to develop a number of walks and tourist attractions, including the proposed Laid Heritage Trail, and whilst the Durness Community had now got in place several of their walks, Laid had not even started theirs.
Eddie Meyer noted that Ian Wilson had offered land for activities in Durness, including the land for the Gualin Gun Club in order to develop a shooting range.
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Residents’ Association
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Yvonne MacKay stated that she could not understand what there was to get out of Laid that they did not already have ? She insisted that Laid had always been part of the parish of Durness and should continue to be so, which was agreed to by most people present.
Jenny MacKenzie-Hillcoat stated that this was incorrect, that Laid had always had a separate Common Grazings, or at least a group who managed the grazings and it should be recognised as being separate.
Yvonne MacKay said that Laid Grazings should give it up and come back to Durness.
Jean Morrison wanted to know what had Laid Grazings Committee done for Laid.
Hugh MacLellan pressed for his proposal to undertake no further discussion with Mr Wilson to be put to vote.
Jean Morrison suggested that we should vote on whether to put Hugh MacLellans’s proposal to a vote.
Alfred Walker said that we have had to join this argument because we had no choice, but he did not want to vote because we did not have enough information.
Sergio Blanco suggested that as we have been made an offer, perhaps we should have a vote.
Eddie Meyer stated that as nothing is yet set in stone and we do not have enough information there was no point in having a vote. The offer was still open to negotiation, so how could we vote anyway ?
Yvonne MacKay suggested that we should get some advise, preferable legal. From the letter circulated by the Chairman in January, requesting comments, the responses from the Land Fund and CADISPA were, so far, all there was.
Francis Keith decried the CADISPA response about using the Superquarry hole for a Landfill Site, since Highland Council were already closing their landfill site in Inverness in the next few weeks, and they were hardly going to stock pile all the rubbish, then transport it all the way to Durness to fill a hole in the future.
Eddie Meyer referred to an article in the newspaper, Glasgow Herald, that intimated Laid Grazings Committee wanted to exploit minerals themselves, was this so ?
Hugh MacLellan replied that extracting minerals was relative and that he was talking about extracting minerals for the foundations of a chalet project.
Lesley Smith mentioned that there had been a proposal from Coastal Resources wanting all the inlets on the west side of Loch Eriboll to be filled in to facilitate ease of removal from the area.
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Residents’ Association
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Charles Smith wanted to know what type of quarrying had there now been proposed, even for a small quarry ?
Francis Keith said it would be a Tunnel System on a very small scale. Other places such as Southern Ireland, Spain and Norway were now considered for large scale quarrying since their Governments acted much quicker than that of the UK and referred to the length or time it has taken for a decision on the Lingerbay proposal. Developers are not going to wait 14 years or so.
Sergio Blanco wanted to know how the aggregate is taken away, and if there was to be a small scale quarry as has been mentioned, would Laid Grazings Committee accept this.
Francis Keith said that Ian Wilson had mentioned a small scale operation for, perhaps, Pegmatite, but as yet, made no definite proposals and until there is something more ‘concrete’ with an application for Planning Permission there was no further information. He went on to say that in 1994 Hugh MacLellan was in favour of the quarry.
Hugh MacLellan responded that this had been true until the Ove Arup report outlined the proposal in detail and he was appalled at the outcome. He rejected the idea of the Superquarry, but confirmed he was not opposed to the idea of a small scale pegmatite in Durness.
Hugh MacLellan again pressed that his proposal to object the offer of Ian Wilson outright should be voted on.
Eddie Meyer said he would not vote as he will go back to Ian Wilson for a better offer.
Andrew Marsham suggested we vote not to accept this deal, but not to vote against it.
Jean Morrison said: ”No – we have not had time to discuss it”.
Lesley Smith stated that if we go back for another offer, it may appear we accepting Ian Wilson.
Jenny MacKenzie-Hillcoat stated that she, for one, did not want anything to do with the offer.
Andrew Marsham stated that when there is a decent offer, it will be put before the community, and until the Land Court ruling is known we will not know the value of the land, so a full evaluation of the offer cannot be made.
Neil Ross mentioned to be aware of “Cherry Picking”. It was not unknown for landowners, before passing title of land, to remove the best assets. One of the recent island sales noted that the fishing rights, the Fish Farm and other assets had been removed from the title. As a result the Land Fund was very aware of such tactics and would be willing to advise if this community thought it necessary.
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Residents’ Association
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The Land Court Hearing has yet to be started, even though the Laid Grazings Committee had instructed its solicitor some time ago.
Hugh MacLellan, when asked, told the meeting that the Solicitor was Simon Fraser, and that although he had been trying to find out what is going on he is having some difficulty.
Martin MacKay stated that he has a map stamped by the Scottish Executive which show the Durness/Laid boundaries and common grazings.
Hugh MacLellan said he was unaware of this map.
Martin MacKay said that he should have a copy of that map.
Kenny MacRae suggested that the two Grazing Committees should get together and look at the map, and if Laid Grazings Committee accept it perhaps we can move forward on several community projects.
Hugh MacLellan agreed to meet with Martin MacKay.
Eddie Meyer wanted to know more about the Mineral Rights offered in Ian Wilson’s letter and compare it to the regulation under the Land Reform Bill.
Neil Ross is unsure about this. Since a lessee would pay landowner Royalties, he thought it was possible that Ian Wilson owns the land himself and leased the minerals to another of his own companies in which case it makes the issue very complex. The Land Reform Bill has not addressed ‘leasings’ and unless the Community knows the details of the leasing rights they cannot know what they are getting. He would like to know more about the details of the lease since the Land Value could be higher. In addition, if the Structure Plan shows the mineral site this may encourage a developer to show an interest and if Planning Permission had been given these would give the land an even higher value.
Jenny MacKenzie-Hillcoat asked again why do we need to go back, when Ian Wilson has already made several offers to Durness, but there have been no real improvements ?
Eddie Meyer responded that if we go back and make suggestions we could get something better.
Francis Keith queried that Royalties from any small scale quarry, sited in Durness, may not be attributable to Laid and asked Martin MacKay if the Durness Grazings Committee would give the royalties monies to Laid ?
Martin MacKay replied that should there be any royalties to Durness Grazings he did not see why they should go to Laid.
Eddie Meyer said that, in his opinion, any royalties paid to Laid would and should not come from Durness Grazings but from the company owning the mineral rights.
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Residents’ Association
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Neil Ross wanted to know why any shrewd businessman such as Ian Wilson, is giving up this land and why only 51%. The Community needs to know more. Is it because of the quarry ?
Francis Keith re-iterated that any quarry could only be on a small scale, and perhaps we should ask Ian Wilson to bring his proposal of a pegmatite quarry as an example.
Eddie Meyer suggested that we agree that the Residents’ Association send Ian Wilson a letter thanking him, but as there are some issues that need further discussion and questions that require answers. We expect a better offer, this one is not good enough.
Neil Ross suggested that there were two fundamental questions –
1. Does the Community want to enter into an agreement with anyone, let alone Ian Wilson
2. Does the Community really want a ‘Buy Out’ ?
After two hours it was generally agreed that the offer is unacceptable.
Andrew Marsham proposed that the Residents’ Association makes a formal request for an improved offer.
Lesley Black seconded.
There was no formal vote, but this was generally accepted to be the way forward.
Eddie Meyer said a letter would be sent to Ian Wilson to say this offer was unacceptable.
6.
Any other
business
Charles Smith requested that all minutes of Residents’ Association be in hard format as well as on the Internet since not everyone has access to the net.
Eddie Meyer responded by saying all minutes of Executive Committee meeting’s are published on the Laid website on the internet, whereas so far any minutes of general meeting’s such as AGM or EGM are on paper as well as on the net.
The meeting closed at 22:15 hours