Agreement reached on 18/ 18A Glaisnock Street, Cumnock at special meeting of Cabinet

Following fire damage to properties on Glaisnock Street, Cumnock, Cabinet agreed in June 2018 to acquire the buildings to allow for their demolition and the redevelopment of the site. In March 2019, Cabinet agreed to the site being redeveloped as a public car park linked to the Council owned car park at Ayr Road.

The pandemic had a significant impact on this project, which included the demolition of 12 – 16 Glaisnock Street, the construction of a new gable wall to number 18 and the construction of a car park; and demolition took place in May 2021. In October 2021, during the final phase of the demolition a section of stonework adjoining 18/ 18A came loose and fell onto the pavement and road. This meant that a road closure had to be put in place and a consultant structural engineer was appointed to carry out a detailed report that led to temporary shoring of the front façade and a partial reopening of the road.

The report showed that there had been an inherent defect in the original structure and the problems with the façade weren’t due to the demolition. A further detailed report has indicated an estimate cost of £107,000 for the full remedial works required to return the building to a safe and saleable condition, allow the wider project to be completed and the road to be fully reopened.

Legal Services worked to establish the legal ownership of the property and discovered that the last registered owner, Trustcare Properties Ltd, has been dissolved. This left two other parties with heritable securities over the building, The Royal Bank of Scotland plc and Scottish and Newcastle Limited, and to date neither has indicated that they will recall their security and take title.

Cabinet has therefore taken the decision to fund the works and has instructed the Council’s solicitor to make an application to Kilmarnock Sheriff Court for a vesting order, if appropriate. This means that if both parties that have a financial interest in the property agree to give up any financial interest they may have, for no payment, the Council will take ownership of 18/ 18A Glaisnock Street, Cumnock, in order to recover the costs of the proposed works.

Works will be undertaken on the property with a timescale of three to four months, including appointment of a main contractor. The property will then be advertised for sale on the open market.

Councillor Douglas Reid, Leader of the Council said: “This has been a complicated process and it is credit to the Council’s Facilities and Property Management and Governance Services that we have reached this point and that we can move forward positively. The agreement reached by Cabinet means that work will start shortly and will be fully concluded, bar no unforeseen circumstances, within four months. We need to get the road reopened and our local business back to normal, we are focused on making sure this happens as quickly as possible while protecting the significant investment the Council has recently made in Cumnock Town Centre.

“If the parties that hold security over the properties decide to call up their security and market 18/ 18 A for either sale or rent, the Council will place a charging order on them that will secure any expenditure the Council makes in relation to the property. If neither party calls up their security, the Council will apply for a vesting order and will take ownership of the property, which will then be sold or rented out, once the works are completed.

“Bottom line, the works are going to be done, the road will be fully re-opened by the end of the year and action will be taken to protect the public purse by ensuring robust measures are in place to recoup any investment expenditure.”