Technical Notes, Issue 128 - ASN School Title Variation

Report by: 
Thomas Glen, Depute Chief Executive – Place, Neighbourhood and Corporate Assets
TN Number: 
New Additional Support Needs School, Waterside, Kirkintilloch – Update on Variation of Title Burden
Responsible Officer: 
Karen Donnelly, Chief Solicitor & Monitoring Officer, Legal & Democratic Services
This Technical Note will be published on the Council’s website following circulation to Member. Its contents may be disclosed or shared outwith the Council.
  1. The purpose of this technical note is to update Members on the work undertaken to vary the title burden affecting the proposed site of the new Additional Support Needs School (the “Site”) as more particularly detailed in Report PNCA/047/21/FR (the “Report”).
  2. As outlined in the Report the Site is affected by a title burden contained in a Deed of Conditions which requires each plot of land to be used for a residential dwelling house.  Following receipt of expert advice, the decision was taken to seek to vary the title burden to allow the construction of a school by express agreement of the owners of property benefited by this title burden and following the required statutory process for variation set out in the Title Conditions (Scotland) Act 2003.
  3. Officers reached agreement with Taylor Wimpey (the only owner of benefited property) and a minute of variation of the title burden was entered into between Taylor Wimpey and the Council.  The statutory process for variation required statutory notices to be displayed for a period of 8 weeks to give notice of the variation of the title burden.  Notices were accordingly displayed on two lampposts within the Site and two lampposts in the vicinity of the Site.
  4. The 8 week notice period ended on 27 August 2021 and officers can confirm that no objections were made to the Lands Tribunal by any interested party.
  5. The minute of variation has now been submitted to Registers of Scotland, and is currently undergoing registration/ recording, to amend both the Council’s and Taylor Wimpey’s titles and ensure this varied burden is enforceable.  The timescales to complete registration/recording vary.  As a result, parties in most cases will rely on submission of an application.  The Council’s external advisors have asked Registers of Scotland to prioritise this application and the process is anticipated to complete in the next few weeks.  As at the date of writing this Technical Note, the minute of variation has been successfully registered against Taylor Wimpey’s title and officers await confirmation of successful recording against the Council’s title.  
Distribution List: 
All Elected Members Corporate Management Team Executive Officers HSCP Management Team Corporate Communications Legal Manager