The Kelso Common Good Sub-Committee met to review the financial position of the Kelso Common Good Fund, discuss planned improvements to Pinnaclehill Woodland, and consider responsibility for a boundary fence. The meeting was scheduled to be livestreamed and video recorded, with the recording available for public viewing for 180 days.

Pinnaclehill Woodland

The sub-committee was scheduled to receive an update on planned improvements to Pinnaclehill Woodland, following a meeting between Councillor Euan Robson, Chair of the Kelso Common Good Sub-Committee, and David Berry from the Community Pay Back team on 10 July 2025.

According to the update report, the Community Pay Back team could improve fencing along the footpath from the main entrance to the top of the steps. The report stated that:

The effect of the additional fencing will to warn and deter walkers straying too close to the edge.

The team also offered to repair and replace the risers on both the western and eastern steps, backfilling with suitable material.

The report noted that discussions with elected members and Kelso's Provost had resulted in agreement to spend £1,000 on materials to allow the work to proceed during the autumn of 2025, and formal authority for that expenditure was being sought.

The sub-committee was also scheduled to consider the content of advisory notices to be placed at certain points around the woodland, including a welcome, a map, notable features and a disclaimer. One notice was planned for the short length of fencing at the bottom of the western steps, warning of the dangers of climbing the riverbank wall. The sub-committee was expected to consider seeking advice from the council's solicitors regarding liability for these notices.

Financial Monitoring

The sub-committee was scheduled to consider a report by the Director of Finance, Suzy Douglas, providing details of the cash income and expenditure for the Kelso Common Good Fund for the year to 31 March 2025, along with the proposed budget for the year to 31 March 2026, and high-level forecast information for the following two years.

According to the report, the cash position at 31 March 2025 showed a surplus of £75,837, against a forecasted surplus of £70,721. The projected cash balance at 31 March 2026, based on current assumptions, was forecast to be a surplus of £79,964, increasing to £89,095 during 2026/27.

The report also provided details of property expenditure for 2024/25, showing total expenditure of £780. It noted that no forecast spend had been assumed for 2025/26, 2026/27 and 2027/28.

Information on approved grants distributed for 2024/25 was also included, showing a £220 overspend in this financial year.

The report detailed the Aegon Asset Management Investment Fund, showing income received of £15,117, an income return of 5.82%, outperforming the target of 5%. The amount invested was £281,336, and the value of the investment at 31 March 2025 was £259,808, resulting in an unrealised loss of £21,528.

The Director of Finance recommended that the sub-committee note the actual income and expenditure for 2024/25, the forecast income and expenditure for 2026/27 and 2027/28, the summary of property expenditure, and the current position of the Aegon Asset Management Investment Fund. She also recommended that the sub-committee agree the proposed budget for 2025/26.

The report included a checklist of UN Sustainable Development Goals, and a climate change implications checklist. It stated that there were no economic, social or environmental effects arising from the proposals in the report, but that there were positive impacts through the protection of employment, improvements in local amenities and nurturing of local talent. It also stated that the income generated through the use of the investment fund would help to make the Common Good Fund more sustainable in the future, and that there were no effects on climate change arising from the proposals.

Maintenance of Boundary Fence at Pinnaclehill

The sub-committee was scheduled to discuss the maintenance of a boundary fence at Pinnaclehill Park.

Correspondence included in the report pack indicated that the fence marks the boundary between properties in Pinnaclehill Park and Common Good land. Councillor Euan Robson had been in contact with Mr Graham Coates, a resident of 22 Pinnaclehill Park, who believed that the liability for maintenance of the fence was split 50-50 between the council and the residents.

John Douglas, Scottish Borders Council Estates Technician, had provided information from a 1975 disposition that suggested Kelso Common Good had full maintenance responsibility for the fence. Councillor Euan Robson had sought advice from Gillian Sellar, Principal Solicitor, on whether there was any access right for the Common Good to exercise the requirement placed upon it.

A title sheet for 24 Pinnaclehill Park stated that the feu disposition contained the following burden:

the Feuar shall be bound to maintain the fences erected by us on the South South West and East North East boundaries of the said area or piece of ground hereby disponed at the mutual expense of himself and the proprietor of the adjoining property (hereinafter referred to as the adjoining proprietor ) and in the event of the Feuar and the adjoining proprietor agreeing to replace at their mutual expense the aforesaid fences with alternative fences walls or hedges the type and specification thereof must be approved in writing by us or our foresaids prior to erection thereof and the maintenance thereafter shall be mutual between the Feuar and the adjoining proprietor