On 4 Feb 2020 the directors of LSJT met to discuss their response to our document (GCF were not invited).
Two aspects of this meeting are of relevance to us.
First there was a significant change in the trustees, Hughie Donaldson retired, and two new trustees were appointed, Joanne Matheson and Mark Embling. In addition, Joanne took over the role of secretary.
Secondly there was an intervention from Loch Shiel Cruises (LSC), who were present at the meeting, requesting that the matter of their possible use of the building as a shorebase for their business be re-considered. We do not know what was said in support of their case at the meeting, but it was sufficiently compelling that Joanne Matheson followed up by requesting an urgent meeting between LSJT, LSC and GCF.
Several emails we exchanged between LSJT, LSC and GCF, mainly clarifying and expanding on each party’s position in advance of the proposed face to face meeting.
On 12 Feb 2020 the requested 3-way meeting was held.
At this meeting, some progress was made towards a workable accommodation of LSC’s needs, but the main outcome was an agreement to hold a second “on site” meeting on 23rd Feb 2020 so that all parties could see first hand the extent and state of the facilities under discussion.
On 23rd Feb 2020 there was an on-site meeting at shorebase and a follow-up discussion in the NTS Visitors’ Centre.
At this meeting we were able to explain our position and concerns directly. In particular to explain the reasons behind, and logic of, marking out the parking area (which had caused LSC major concern). It was also an opportunity for LSC to see first hand the dilapidated state of the premises, which appeared to lessen their enthusiasm for further pursuing a bid to take ownership.
We were also told that since the previous meeting, the situation regarding the LSJT-MOWI lease had changed significantly. An agreement had been reached (in separate, parallel meetings) that MOWI would buy themselves out of the current lease agreement with LSJT, so any lease agreement going forward would be directly between LSJT and GCF. MOWI’s proposal to buy themselves out included gifting the building and pontoon to LSJT.
This news was a game changer.
On the positive side, it opened the possibility of a lease arrangement directly with LSJT, which could significantly simplify the legalities, especially if GCF could take the opportunity to re-define the boundary of the leased premises to unambiguously include all of the parking area.
On the negative side, it meant the legal fees that GCF had already accrued for work on the draft MOWI sub-lease and letter of consent was wasted.
It also meant there would be further delay as new paperwork was drawn up, and the rent could be higher than we had been expecting to pay MOWI (because MOWI were effectively subsidising us).
There was also much still to discuss in terms of who is responsible for what, and what any agreement between GCF and LSC might look like.
The main conclusions were,
On 7 Mar 2020, LSJT emailed to say that their directors had agreed the way forward, and had instructed a solicitor to draw up a termination agreement with MOWI.
On 31 Mar 2020 LSJT emailed again to say that they were still in the process of getting the termination agreement finalised, between LSJT and MOWI. The delay being attributed Covid-19.
In April 2020, LSJT suggested that rather than sign a lease contract with GCF immediately, LSJT could grant GCF a “Licence to carry out works”, pending a lease being granted if sufficient work is achieved within a specified time. Their argument was that this would ensure that LSJT are protected, by not being stuck in a contract with GCF if GCF fail to undertake the work planned, and that it also protects GCF, as GCF won’t be legally obliged to keep paying a rental if GCF are unable to progress the project.
GCF responded that the proposal seemed a little one-sided in terms of risk, but would defer substantial comment until they saw the full details. No further detail was forthcoming and the proposal went no further at that time.
From then until January 2021, despite repeated email exchanges and other assurances from LSJT that the matter was in hand, there was no visible progress on the lease agreement.
In November 2020, in an attempt to move things along, Mark Entwistle, in his capacity as editor of Lochaber Times, requested an update from Loch Shiel Jetties Trust regarding the leasing of the Shorebase building to the Glenfinnan community. LSJT issued the following statement,
“Loch Shiel Jetties Trust is really pleased to be working with Glenfinnan to make the Slatach Shorebase building, recently vacated by MOWI, available for them to use as a community space. GCF have been proactive in taking their project forward, and have robust plans for how the facility can best serve the needs of the community, and we are very happy to help them achieve that. We are each now in the hands of our solicitors, and are moving the necessary paperwork forward as quickly as possible.”
On 7 November 2020 we were assured, that all the necessary information was now in the hands of LSJT's lawyer to prepare a draft lease for review.
Meanwhile, being aware of a persistent concern from some residents that the building might be too small, we briefly explored possible ways of extending the building.
The building could only be extended on the Loch (east) side. On the north side, expansion is prevented by the pontoon jetty. On the south side, expansion is prevented by the location of the sewage treatment plant, and on the west side, any expansion would eat into car parking space and block pedestrian access to Slatach 1-4.
Four options were briefly considered but quickly rejected.
Based on feedback from the structural engineer about the potential difficulty of extending the property over the gabion baskets, and taking into consideration trustees reservations about the extra cost of these ideas, we agreed that a straightforward refurbishment per the original planning application would be the most appropriate course of action given that it is a “proof of concept” project.