Dear Dumfries and Galloway Council,

This is a follow up to a previous request made to you which can be seen here:

https://www.whatdotheyknow.com/request/l...

In your response to this you stated that land in Crawick to which Sanquhar Common Good had the title was sold on 7 April 2017. Please provide information relating to this as follows:

1) What area(s) of land were disposed of by Sanquhar Common Good? Please provide a plan with an outline of the area that was sold.

2) What was the consideration paid for this land? When was this received?

3) What was the nature of the land disposed of? Was this agricultural land, residential plots, land for development etc? Had planning permission been obtained for any of the land in question? When had this been applied for and obtained?

4) Who was involved in negotiations on behalf of Sanquhar Common Good? On whose authority did Sanquhar Common Good agree to dispose of the land?

5) Who valued the land that was disposed of by Sanquhar Common Good? Was an independent valuation undertaken, and, if so, by whom?

6) What was the legal process of transferring the title and who acted for this?

7) Did Councillor James Dempster have any involvement in this transaction? What was this if applicable?

8) Given that Buccleuch Estates had a leasehold interest in this land, what independent oversight was in place to ensure this was undertaken on a commercial basis?

Yours faithfully,

Fiona Cameron

Dumfries and Galloway Council

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

Thank you for your request for information which was received on 06/08/2019 which we are dealing with in terms of the above legislation. We have given your request the unique reference 429177 and we would appreciate it if you could quote this on all correspondence to us.

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Kind Regards

FOI Unit
Dumfries and Galloway Council

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Dumfries and Galloway Council

Please find below the Council's response to your request 429177 which was received on 06/08/2019.

Details of request: In your response to this you stated that land in Crawick to which Sanquhar Common Good had the title was sold on 7 April 2017. Please provide information relating to this as follows:

1) What area(s) of land were disposed of by Sanquhar Common Good? Please provide a plan with an outline of the area that was sold.

2) What was the consideration paid for this land? When was this received?

3) What was the nature of the land disposed of? Was this agricultural land, residential plots, land for development etc? Had planning permission been obtained for any of the land in question? When had this been applied for and obtained?

4) Who was involved in negotiations on behalf of Sanquhar Common Good? On whose authority did Sanquhar Common Good agree to dispose of the land?

5) Who valued the land that was disposed of by Sanquhar Common Good? Was an independent valuation undertaken, and, if so, by whom?

6) What was the legal process of transferring the title and who acted for this?

7) Did Councillor James Dempster have any involvement in this transaction? What was this if applicable?

8) Given that Buccleuch Estates had a leasehold interest in this land, what independent oversight was in place to ensure this was undertaken on a commercial basis?

Response:

Response from Corporate services:-

1) What area(s) of land were disposed of by Sanquhar Common Good?

Please provide a plan with an outline of the area that was sold. Please see the Report and Appendices to Nithsdale Area Committee (acting as Sanquhar Common Good Fund Sub-Committee) meeting on 07 September 2016. This is in relation to ?compensation? for a historical sale of land forming part of the McNab Leases in Sanquhar. There has not been any recent sale of land since the events referred to in the Report.

In accordance with Section 25 the data is accessible by some other means as this information is already available on the Council'website provided online here:

https://dumfriesgalloway.moderngov.co.uk... Item 6

2) What was the consideration paid for this land? When was this received?

£40,000, received on 07 April 2017.

3) What was the nature of the land disposed of? Was this agricultural land, residential plots, land for development etc? Had planning permission been obtained for any of the land in question? When had this been applied for and obtained?

Please see the Report to Nithsdale Area Committee meeting on 07 September 2016 and Appendices.

4) Who was involved in negotiations on behalf of Sanquhar Common Good? On whose authority did Sanquhar Common Good agree to dispose of the land?

Initial discussions took place between Buccleuch Estates Ltd (John Glen, Chief Executive Buccleuch Group) and Cllr Jim Dempster.

5) Who valued the land that was disposed of by Sanquhar Common Good? Was an independent valuation undertaken, and, if so, by whom?

Buccleuch Estates Ltd offered £40,000 in compensation for the land historically sold. The Estate Management Service Leader, who is a Royal Institution of Chartered Surveyor?s Registered Valuer was requested to review this offer and was of the opinion that £40,000 is a reasonable payment at current values for 9.1 acres of class 4.2 Non-Prime Agricultural land and that the offer should be accepted.

6) What was the legal process of transferring the title and who acted for this?

The Council?s Legal and Licensing Services Manager acted on behalf of the Council in this matter. Buccleuch Estates were represented by Anderson Strathern Solicitors.

The tenants interest in the McNab leases are believed to have been purchased by the duke of Buccleuch in 1811/12 on the death of Archibald Mc. Buccleuch Estates transferred their tenants interest in them to full ownership under the provision of the Long Leases (S) Act 2012. Their legal agents acted for them in this process.

7) Did Councillor James Dempster have any involvement in this transaction? What was this if applicable?

Please see Q. 4) above.

8) Given that Buccleuch Estates had a leasehold interest in this land, what independent oversight was in place to ensure this was undertaken on a commercial basis?

Not applicable given the fact the land was sold by Buccleuch Estates Ltd in 1932 and 1961. Please see attached Report to Nithsdale Area Committee meeting on 07 September 2016 and Appendices (link at Q1 above). The remainder of the land forming the McNab leases have now transferred to Buccleuch Estates Ltd under the provisions of the Long Leases (Scotland) Act 2012.

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Kind Regards

FOI Unit
Dumfries and Galloway Council

This email, from Dumfries and Galloway Council, and any files transmitted with it, is confidential and intended solely for the use of the individual or entity to whom they are addressed.

If you are not the intended recipient of this email (and any attachment) please inform the sender by return email and destroy all copies. If you are not the intended recipient or responsible for delivering it to the intended recipient, you are hereby notified that any use, disclosure, review, dissemination, distribution or reproduction of this email is strictly prohibited. Please be aware that communication by internet email is not secure as messages can be intercepted and read by someone else. Dumfries and Galloway Council do not accept liability for any loss or damage which may result from this email or any files attached. It is your responsibility to scan this email and any attachments for computer viruses or other defects.

Any email including its content may be monitored and used by the Council for reasons of security and form monitoring internal compliance with the policy on staff use. Email monitoring or blocking software may also be used.

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Dear Dumfries and Galloway Council,

Thank you for your reply dated 2 September 2019.

The information you have supplied has been very helpful. There is just one matter on which it would be useful to clarify in order to comply with the FOI request fully. Whilst the Report to the Nithsdale Area Committee on 7 September 2016 has been accessed via the link, the Appendices to this do not appear with this. Could you please provide these in view of this?

Yours faithfully,

Fiona Cameron

FOI, Dumfries and Galloway Council

OFFICIAL

Dear Fiona,

Thank you for your email received today.

The link to the Appendices is directly underneath the link to the report at item 6 on the website. However, for your convenience please find the link below:

https://dumfriesgalloway.moderngov.co.uk...

Kind regards,

FOI Unit
Dumfries and Galloway Council

Disclaimer:
This email, from Dumfries and Galloway Council, and any files transmitted with it, is confidential and intended solely for the use of the individual or entity to whom they are addressed. 

If you are not the intended recipient of this email (and any attachment) please inform the sender by return email and destroy all copies.  If you are not the intended recipient or responsible for delivering it to the intended recipient, you are hereby notified that any use, disclosure, review, dissemination, distribution or reproduction of this email is strictly prohibited.  Please be aware that communication by internet email is not secure as messages can be intercepted and read by someone else.  Dumfries and Galloway Council do not accept liability for any loss or damage which may result from this email or any files attached. It is your responsibility to scan this email and any attachments for computer viruses or other defects.

Any email including its content may be monitored and used by the Council for reasons of security and form monitoring internal compliance with the policy on staff use.  Email monitoring or blocking software may also be used.

Any email message sent or received by the Council may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002. You can view the Council’s privacy statement at www.dumgal.gov.uk/privacy for further information.

OFFICIAL

show quoted sections

Dear FOI,

Thank you for the link to the Appendices. My apologies for having missed the second link on your original message.

The information is very helpful and will conclude this FOI request.

Yours sincerely,

Fiona Cameron