Arran Banner letters – week 09

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Winter service

An open letter to Roy Brannen, chief executive officer, Transport Scotland.

Sir,

I write as chairman of our local community association and ask you to revisit the recently rejected proposal for a Lochranza/Claonaig winter ferry service.

We firmly believe that the potential strategic benefits of piloting such a service would, given time, prove highly significant. Businesses on Arran and Argyll, of all kinds, would benefit greatly, and the through Arran route would open up lines of communication and closer ties in terms of tourism, transport and infrastructure. The perceived benefits would be felt on Arran, but more so on the mainland, particularly in Kintyre and Argyll, which have much to gain from an enhanced all year round service.

Finally, it is worth mentioning that this services seems, in terms of weather and technical reliability, to have significantly better resilience than the Brodick/Ardrossan service. Offering a year round alternative means of getting on and off the island, particularly in unforeseen circumstances, is in the views of many, not only desirable, but essential.

I have copied this letter to other interested parties. We hope they will support this initiative by communicating their support to your organisation, their elected representatives, and the wider communities. I look forward to hearing from you in due course.

Best wishes,

Yours,

Ken Thorburn,

Chairman Lochranza and Catacol Community Association.

Real burden

Sir,

As reported in the Banner of February 23, the owners of the McLaren Hotel have made application to the Lands Tribunal for Scotland to discharge a condition of title obliging the erection only of a building two storeys in height.

Such a condition of title is a real burden affecting the property. The owners wish to erect a four-storey building. In support of the application it is stated that planning permission has already been obtained for such a building and that owners of surrounding buildings have breached similar conditions of title concerning a limited building height.

Apart from notions of relevance, acquiescence and prescription in relation to objecting to the height of these other buildings, it is worth noting that an application to the Lands Tribunal is somewhat different from an application for planning permission.

Sections 8 and 95 of the Title Conditions (Scotland) Act 2003 are relevant provisions in any application to the Lands Tribunal for the discharge of such a real burden. It is clear from these sections that, unlike a planning application to the local authority, the wider public is not entitled to make representations to the Lands Tribunal in seeking to enforce the condition of title. It is only enforceable by any person having title and interest to enforce it.

This would include the owner or tenant of a property benefiting from the burden and with an interest in enforce it. This concept of interest to enforce is a question of whether a breach of the burden or a discharge of it would have a detrimental effect on the property securing the benefit.

Anyone claiming an interest is well advised to seek legal advice.

Yours,

Jamie Gilmour

Brodick

Long division

Sir,

I would like to correct the statement made by North Ayshire and Arran MP Patricia Gibson in last week’s Arran Banner.

In an article on the scrapping of free TV licences for the elderly she stated: ‘According to the BBC’s own figures, scrapping the over-75s concessionary licence will take an average of more than £22,000 a week out of the pockets of over-75s in every single UK constituency.’

I would rather you do the long division, but you will find that it is just less than £3 per week per person, still a significant amount for those who cannot afford to go to the pub, particularly in Arran.  You may have meant the average total amount of extra licence fees per constituency, but you certainly did not say so.

Yours,

Kelvin Appleton,

Beverley,

East Riding of Yorkshire.

Dementia care

Sir,

As we discover more about dementia and develop a better understanding of the disease processes which cause dementia, it is crucial that we reflect on how we respond to the needs of people living with this progressive terminal illness. Our improving understanding is not reflected in current policy and practice; the increasing health care needs of people with advanced dementia are too often not recognised or met.

Every day, people living with advanced dementia, their carers and their families are dealing with a complexity of physical, emotional and psychological challenges, and ever-changing health care needs.  However, people with advanced dementia do not receive the health care they should be entitled and instead face significant social care charges.

By recognising and identifying advanced dementia we can work towards ensuring that people living and dying with advanced dementia can have equity of access to the health care they need on an equal basis to those who have other progressive terminal illnesses, and which is free at the point of delivery.

Alzheimer Scotland’s Fair Dementia Care campaign calls for a number of reforms, including equal access to free health care for people living with advanced dementia and is leading the way to highlight the unfair inequalities that are a reality for so many families. While we understand that it will require significant effort and dedication to fully transform our health care system, we ask that the Scottish Government lead the way by delivering fair dementia care for those with advanced dementia without delay.

To join the campaign to help transform Scotland’s dementia care visit www.alzscot.org/fairdementiacare. We would also encourage anyone who has experienced issues in accessing the care they need for advanced dementia, to email publicpolicy@alzscot.org. Only by sharing your experiences can we show why we need change, to make sure that Scotland delivers Fair Dementia Care.

Yours,

Jim Pearson

Director of Policy and Research

Alzheimer Scotland