Argyll & Bute Council began the process of the marketing and disposal of Castle Toward by sale or lease in late 2003.

A report from this meeting details the following:

Bute & Cowal Local Area Committee Meeting 3rd February 2004,

Item 3a: Castle Toward, Toward, By Dunoon

1     SUMMARY

1.1 The purpose of this report is to seek the committee’s consent to begin a selection process to appoint appropriate agents to assist the Council with the marketing and disposal of Castle Toward by sale or lease

2     RECOMMENDATIONS

2.5 That relevant officers be instructed to conduct more detailed discussions with Actual Reality in relation to continuation and possible development of an enhanced facility at Ardentinny Outdoor Centre

No such discussions ever took place

4     CONCLUSION

4.2 Members are asked to note that the current Tenants would have an opportunity to submit a formal bid for Castle Toward with any other interested parties when this property is marketed.

The entire document is available here.

It was decided at this meeting that a Sub-Committee be formed to deal with the disposal of Castle Toward that would comprise the Council Leader, Depute Leader, Spokespersons for Education and Lifelong Learning and Resources and Housing.

This summary for the marketing and disposal of Castle Toward by sale or lease, reveals the objective to be sale only, given that the Council currently had tenants and were making all efforts to deny a lease.  From the recommendations, it is apparent that the Council was planning to force Actual Reality to relocate.  Ardentinny would be an imposed relocation and alternative, despite the centre’s lack of ability to accommodate and function to the standards that Actual Reality does currently between both Ardentinny and Castle Toward.  Attempting to gain a reasonable leaving package from the Council was not realistic, as this would involve the use of lawyers, contradicting the offer of relocation.  The concluding remark serves as a formality, on the assumption that Actual Reality would not be able to submit an offer.

  • Hugh Blake’s letter from as far back as 12th December 2002, to the Scottish Executive’s Local Government Finance & Performance Division, further supports this and emphasizes the contradictory nature of the dealings, when Actual Reality was denied confirmation of the ninety-nine year lease.  The then Head of Legal Services puts the case to the Scottish Executive for a lease of such length, and yet intentions were already to sell, thus the lease being denied.
  • This was contradictory to the Scottish Executive, which recognized the necessity and value of the facility and granted consent to the ninety-nine year lease, as Hugh Blake advised Actual Reality of in a letter of 13th January 2003.

This unilateral decision to sell reneged upon the agreement made with the counterpart councils of the Joint Management Committee to lease Castle Toward to Actual Reality for ninety-nine years.  Glasgow City Council claimed that Actual Reality would find it difficult to function from Ardentinny.  Argyll & Bute Council was advised to ‘cease and desist from the present course of action’.

  • Ian Drummond, Solicitor to the Council for Glasgow City Council contacted Argyll & Bute Council, specifically Susan Mair in a letter of 15th March 2004 expressing the desire that the original agreement be upheld, and that ‘you reconsider your decision to market the property and indeed to revert to leasing the subjects to Actual Reality.’
  • Susan Mair responded in a letter of 31st March 2004 that she had considered the representations made both by Ian Drummond and East Renfrewshire’s representatives, but that ‘the Council will be proceeding to implement its decision to place Castle Toward on the market’.
  • Actual Reality was encouraged to question Argyll & Bute Council’s legal standing to sell Castle Toward, particularly for inappropriate disposal, since the acquisition of it by local government was based upon it being an outdoor education centre.
  • Ian Drummond explained to Susan Mair in that same letter of 15th March 2004 that ‘the Council would seek an indemnification from your Council arising from legal actions taken by Actual Reality for any costs and/or losses arising from your Council not implementing the agreement to lease the facilities to the company’.

East Renfrewshire similarly expressed its criticism.

  • Councillor Charlie Gilbert made his thoughts known to Glasgow City Council in a letter of 24th May 2004, showing support for the continuation of Castle Toward as an outdoor education facility ‘to serve the needs of the youngsters, and generations of youngsters, in the future’.  He also expressed his concern about ‘the legitimacy of Argyll & Bute’s contention that they have the legal right to the land on which Castle Toward stands’.

The next stage of events is 2005 – 2008: The Obstacles in Negotiations to purchase