• Agenda

Minutes of Meeting of the Planning, Environment and Development Committee held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness, on Wednesday, 15 May 2013, at 10.30 a.m.

Present:

Mr T Prag, Mr G Farlow, Dr D Alston, Mr B Clark (substitute), Mrs H Carmichael, Mr C Fraser, Mr J Gray, Mr M Green, Mr R Greene, Mr D Hendry, Mr R Laird, Mr T MacLennan, Mr J McGillivray, Mr D Millar, Mrs M Paterson (substitute), Mr G Rimell, Ms G Ross, Mr R Saxon, Dr A Sinclair, Mr H Wood, Mr B Lobban, Mr D MacKay

Non-Members also present:

Mrs I Campbell, Mrs M Davidson, Mr K Gowans, Mr C Macaulay, Mrs L MacDonald, Mr J Rosie

Officials in attendance:

Mr S Black, Director of Planning and Development
Mr M MacLeod, Head of Planning and Building Standards
Mr G Hamilton, Head of Environment and Development
Mr A McCann, Economy and Regeneration Manager
Ms S Lunn, Business Support Manager
Ms A Hackett, Principal Projects Officer
Mr A Webster, Regeneration Adviser
Mr B MacKinnon, Employability Team Leader
Mr D Mudie, Team Leader, Development Management
Ms N Wallace, LEADER+ Development Manager, Heritage
Mr D Cowie, Principal Planner
Mr B MacKenzie, Principal Planner
Ms L Clarke, Planner
Ms U Lee, Project Officer - Dingwall CARS
Mr C Simpson, Tourism Co-ordinator
Mr J Danby, Principal Engineer (TECS)
Mrs K Lyons, Principal Solicitor (Planning)
Mrs R  Moir, Principal Administrator
Ms L Lee, Committee Administrator
Mr S Taylor, Administrative Assistant

Also in attendance:

Item 3 - Mr R Graham, Director of Partnerships, VisitScotland, and Mr S Armstrong, Highland Regional Director, VisitScotland
Item 7 – Mr D MacKenzie, Business Gateway Services Manager, Highland Opportunity Ltd (HOL)

An asterisk in the margin denotes a recommendation to the Council.  All decisions with no marking in the margin are delegated to the Committee.

Mr T Prag in the Chair

1. Apologies for Absence
Leisgeulan

Apologies for absence were intimated on behalf of Mr J Crawford, Mr J Gordon, Mrs I McCallum and Mr I Renwick.

2. Preliminaries

The Chairman reminded Members that visits had been arranged to the Global Energy Park at Nigg on 31 May 2013 and to Dounreay and John O’Groats on 10 May, congratulated Mr George Hamilton on his appointment to the post of Head of Environment and Development and welcomed a number of students from Augsburg, Germany, who were observing the meeting.

The Committee NOTED the information given.

3. Declarations of Interest
Foillseachaidhean Com-pàirt

The Committee NOTED the following declarations of interest:

• Item 4 – Mr G Farlow (non-financial)
• Item 8 – Mrs H Carmichael, Mr G Farlow  Mr B Lobban, Mr T MacLennan, Mr T Prag, Dr A Sinclair, (all non-financial)
• Item 9 – Mr R Laird, Mr B Lobban, Mr T MacLennan, Mr T Prag (all non-financial)
• Item 10 – Dr A Sinclair (non-financial)
• Item 15 – Ms G Ross (financial)
• Item 19 – Mr G Farlow, Mr D Hendry, Mr T Prag, Ms G Ross, Mr R Saxon (all non-financial)

4. VisitScotland – Presentation and Annual Report
VisitScotland – Taisbeanadh agus Aithisg Bhliadhnail

Mr G Farlow, as Chairman of Northwest Highland Geopark, declared a non-financial interest in relation to this item but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that his interest did not preclude his involvement in the discussion.

A presentation was given by Mr R Graham, VisitScotland Director of Partnerships, on VisitScotland’s recent and proposed activity.  A summary report published by VisitScotland (VS) on those activities funded by the Highland Council (1444kb pdf) had also been circulated.

Mr Graham drew attention to a number of priorities for VS, including: challenging inconsistencies in standards of provision; maximising opportunities arising, for example from the film industry; avoiding damage to the environment and communities; and working in partnership.  He emphasised that tourism was everybody’s business, and included aspects such as retailing and food and drink, as well as accommodation and attractions.  Social media was becoming increasingly important – more than 50% of visitors shared their experiences via Facebook, TripAdvisor etc.  Feedback showed that improvement areas included opening hours, transport and value for money.

Theme years had been very successful and more were planned.  Homecoming 2014 would expand on previous experience; the 400 events would include food and drink, creativity and the natural environment, as well as ancestry.  Events aimed at interest groups would help to extend the season.  Businesses needed to be proactive in tying in to events.

It was encouraging to see reference to tourism now in the National Planning Framework – there were benefits in linking tourism to investment and development.  Relations with the Highland Council were excellent.  Funding provided by the Council was used to attract tourists to the Highlands, through printed material and websites.

In discussion, Members emphasised the importance of tourism to the economy, and the need to spread events geographically, extend the season and prolong stays.  Industry practitioners needed to engage with events.  In response to questions, Members were informed of: practical actions that VS encouraged businesses to take in order to engage with events and social media; VS’s growing role in Community Planning; VS’s engagement with small, independent tourism organisations; and the evidence that most successful tourism groups tended to have a lead personality.  It was therefore desirable that such people be identified from within the community.  Mr Graham also provided information on the North Highland Initiative, VS’s Growth Fund, Tourism Business Improvement Districts, and the Scottish Tourism Alliance’s skills training programme.  He suggested that recruitment should primarily be on the basis of attitude, as other skills could be taught, and indicated that specific local issues raised by Members would be relayed to VS staff as appropriate.

Given the importance of scenery and landscape to the Highlands, Members sought information as to the impact of windfarms on tourism.  Mr Graham responded that currently there was no meaningful research evidencing a negative impact.  He gave an assurance that VS worked closely with Scottish Natural Heritage and would monitor developments.

Having thanked Mr Graham, the Committee NOTED his presentation and the information given.

5. Revenue Budget Monitoring Statement to 30 April 2013
Cunntas Buidseat Teachd-a-steach gu 30 An Giblean 2013

There had been circulated Report No. Ped-43-13 (482kb pdf) dated 7 May 2013 by the Director of Planning and Development commenting on the revenue monitoring for the Service for the first month of the financial year 2013/14, which indicated a forecast balanced position at the financial year end.

The Committee NOTED the terms of the report as circulated.

6. Monitoring of Capital Expenditure to 30 April 2013
Sgrùdadh Caiteachais Calpa gu 30 An Giblean 2013

There had been circulated Report No. Ped-30-13 (30kb pdf) dated 26 April 2013 by the Director of Planning and Development outlining the expenditure and income to 30 April 2013 for the 2013/14 Capital Programme, including the Vacant and Derelict Land Fund.

The Committee NOTED the terms of the report as circulated.

7. Audit Scotland: Performance Indicators Fourth Quarterly Review 2012/13 
Sgrùdadh Alba: Comharran Dèanadais – Ceathramh Sgrùdadh Ràitheil 2012/13

There had been circulated Report No. Ped-31-13 (131kb pdf) dated 1 May 2013 by the Director of Planning and Development advising Members on the delivery of the Development Management, Building Standards and Development Plans services for the 4th Quarter of 2012/2013 and providing an overview of performance over the whole year.

In response to questions, the Head of Planning and Building Standards acknowledged that the improvement in Development Management performance statistics relating to non-householder applications was lower than that achieved for householder applications and outlined steps being taken to address this.  He also acknowledged comments made relating to formatting of charts etc., when printed in black and white.

The Committee welcomed the encouraging improvements in performance across Development Management and Building Standards and NOTED:

i.   the ongoing work of the Development Plans team;
ii.  the sickness absence levels for the Service; and
iii. that an updated version of the Service Improvement Plan would be brought
    to the August meeting of the Committee.

8. Business Gateway
Slighe Gnothachais

Mr B Lobban, Mr T MacLennan and Mr T Prag, as Directors of Highland Opportunity Limited, Mrs H Carmichael, as Regional Chairman of the Prince’s Trust Youth Business Scotland, Dr A Sinclair, as Chairman of a group in receipt of Business Gateway advice, and Mr G Farlow, as Chairman of Northwest Highland Geopark, a body in receipt of information from Business Gateway, declared non-financial interests in relation to this item but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that their interests did not preclude their involvement in the discussion.

There had been circulated Report No Ped-32-13 (47kb pdf) dated 26 April2013 by the Director of Planning and Development updating Members on the Business Gateway contract performance for the year 2012/13, and the integration of Business Gateway within wider support activity provided by the Highland Council.

In speaking to the report, the Economy and Regeneration Manager acknowledged the reduction in Business Gateway activity under a number of headings, notably support for new business start-ups, and highlighted contextual factors such as the wider economic downturn; the difficulty in securing bank funding, often required within an overall funding package in addition to Business Gateway support; and the drop in business confidence.  He also referred to the low take-up of loans from Highland Opportunity Ltd (HOL).  Possible reasons for this, such as whether the size, repayment period or interest rates of loans were meeting business requirements, were being investigated. 

During discussion, it was suggested that such factors might have been expected to lead to an increase in approaches to Business Gateway and further information on these issues was sought.  It was important to build on former Business Gateway success.  The Business Gateway Services Manager drew attention to ongoing dialogue with the banking sector and also a new Protocol with Highlands and Islands Enterprise to help ensure effective co-ordination of support activity and identify gaps in client services.  Members also stressed the importance of raising the profile of HOL to stimulate take-up of grants; welcomed the information that targets for the Prince’s Trust Youth Business Scotland had been exceeded; and congratulated Mallaig High School on winning the Young Enterprise Scotland regional finals. 

Having heard confirmation that figures could be made available to Members on a geographical basis, the Committee NOTED:

i.   the Business Gateway core service, its delivery and the wider business
    support provided;
ii.  the performance for the operational year 2012/13; and
iii. that a report would be brought to a future meeting of the Committee
    providing further information on the possible factors leading to the recent
    fall in the number of business start-ups.

9. Employability Service
Seirbheisean Cosnaidh

Mr B Lobban, Mr T MacLennan and Mr T Prag, as Directors of Highland Opportunity Limited, and Mr R Laird, as a Director of both Merkinch Enterprise and the Merkinch Partnership, declared non-financial interests in relation to this item but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that their interests did not preclude their involvement in the discussion.

There had been circulated Report No. Ped-33-13 (157kb pdf) dated 1 May 2013 by the Director of Planning and Development setting out the proposed Work Plan and Revenue Budget for the Employability Service in 2013/14.  The Highland Works “Highland Youth Action Commitment” was also circulated.

The Employability Team Leader drew attention to the main points of the report.  The funding position was changing rapidly, with Skills Development Scotland and the Scottish Government producing new schemes.  Additional funding had also been provided by Highland Council under preventative spend.

In discussion, the Leader of the Council illustrated a number of cases where work clubs had been effective in enabling people to enter work. Members emphasised the importance of supporting people into work, and drew attention to the value in directing young people who dropped out of College towards job clubs.  The work carried out by officers across the spectrum of employment support was praised, together with the success of the Council’s Youth Trainee Scheme, while the plans to extend the Scheme for a further year and to other organisations were welcomed.

After discussion, the Committee NOTED:

i.   the Highland Works “Highland Youth Employment Commitment”;
ii.  that information would be brought to a future meeting on the Council’s
    graduate placement scheme; and
iii. that 97 rather than 65 jobs (as stated in the report) had been supported
    under “Create and Employ”.

The Committee APPROVED:

i.  the Employability Service Work Plan and Budget for 2013/14; and
ii. £29,500 transitional support to New Start Highland.

10. Highland LEADER Programme
Prògram LEADER na Gàidhealtachd

Dr A Sinclair, as Chairman of a group that had received a LEADER grant, declared a non-financial interest in relation to this item but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that her interest did not preclude her involvement in the discussion.

There had been circulated Report No. Ped-34-13 (25kb pdf) dated 30 April 2013 by the Director of Planning and Development updating Members on the Highland LEADER 2007-13 Programme; highlighting progress to date and audit issues encountered; and offering a brief comment on a future LEADER programme.

During discussion, Members welcomed the positive impact of the 2007-13 Programme on the Highland economy and expressed the hope that previously unsuccessful applicants would be able to benefit from the follow-up Programme, once in place.  Concern was expressed as to: the uncertainty created by the recent audit findings that the existing framework supporting the LEADER Programme across Scotland was not fit for purpose and that less reliance could now be placed on the Scottish Government’s LEADER Technical Guidance; the postponement of payment of all 2012 Quarter 3 and Quarter 4 claims; and the increased risk faced by the Council as lead partner for Programme payments.  Members welcomed the indications that a LEADER 2014-20 Programme was being planned and supported ongoing discussions to ensure that Highland interests were fully represented.

In response, Officers advised that further information on the current distribution issue was anticipated shortly and undertook to keep Members informed of developments.  They also indicated that it was unlikely a 2014-20 Programme would be operational before late 2014 or early 2015.

After discussion, the Committee NOTED:

i.   the progress achieved and benefits secured with the delivery of the
    current Highland LEADER Programme;
ii.  the Audit  issues, the level of risk associated with claim eligibility and the
    priority assigned to the mitigating actions;
iii. that discussions on 2012 Quarter 3 and Quarter 4 claims were ongoing and
    it was hoped the payment delay would be resolved in the near future; and
iv. that progress with actions in response to the Audit findings would be
    reported to the Committee.

The Committee AGREED that efforts continue to ensure that Highland communities benefit from a new LEADER programme in the period 2014-20.

11. Update on National Planning Framework 3 and Scottish Planning Policy
Cunntas as ùr air Frèam Dealbhaidh Nàiseanta 3 agus Poileasaidh Dealbhaidh na h-Alba

There had been circulated Report No. Ped-35-13 (501kb pdf) dated 7 May 2013 by the Director of Planning and Development informing Members of the Main Issues Report for the Third National Planning Framework and Draft Scottish Planning Policy, both of which had recently been published for consultation.  It outlined the key issues raised in the documents that were relevant to the Highland area and also, further to the minutes of the North Planning Application Committee meeting of 12 February 2013 (item 20(i) below refers), provided an update on the wild land issue for consideration by the Committee.

Members’ attention was drawn to the sections of the report relating to the content of the consultation documents.  The deadline for responses to the consultations being 23 July 2013, it was proposed to hold a workshop/briefing towards the end of June, to provide for Member input to the Council’s response to the consultation, with the finalised response brought to the August Committee for homologation.

The Principal Planner then spoke to the section of the report dealing with Wild Land, and gave a presentation illustrating the boundaries of Core Areas of Wild Land published by Scottish Natural Heritage alongside the consultations and comparing these with current development constraints, particularly for windfarm development.  The proposed boundaries were generally more extensive than the previously published Search Areas for Wild Land and, if finalised in that form and used as proposed by the Scottish Government, would significantly reduce the areas of search identified within the Council’s Interim Supplementary Guidance on Onshore Wind for windfarm development.  Outwith Core Areas of Wild Land there were areas, including dispersed settlements, where people lived, both within and outwith the current search areas for windfarms, and residences were a further constraint on windfarm development.  However, the proposed Core Areas of Wild Land and the Scottish Government’s proposal for their use were part of the consultation, were not current policy and might change before being finalised. As such, current applications which had already been lodged for windfarms would in the meantime remain to be assessed with reference to the Search Areas for Wild Land.  Officers required more time to consider the Scottish Government’s proposals and the methodology used by SNH before responding to the consultation.

With reference to the North Planning Applications Committee’s request that the Council write to Scottish Ministers seeking clarification on Wild Land policy, the Principal Planner suggested that this had been overtaken by events, with the opportunity to respond to the current consultation providing an appropriate avenue for the Council to make known its concerns.

In discussion, Members welcomed the inclusion of Highland projects in the NPF3 and then considered the Wild Land issue.  Comments raised included that:

• whilst wild land must be protected, an increase in the extent of constrained areas mapped would result in a reduction in windfarm search areas, leading to more pressure for development close to residential areas and increased cumulative impact
• the proposal being consulted upon was that Core Areas of Wild Land would be an area of significant protection from the impacts of windfarm development, but not a designation – development would not necessarily be precluded
• wild land was a potential constraint on many types of development, not just on wind energy
• it was vital that Members engage with their communities to ascertain their views; to that end it would be helpful for Members to be provided with copies of the maps used in the PowerPoint presentation on wild land, to assist in such discussions.

A request was also made that the possibility of highlighting Badenoch and Strathspey in the relevant maps be investigated.  Although most of that area lay within the Cairngorms National Park Authority, which had the responsibility for spatial planning, other activities, such as roads, were a Highland Council responsibility.

After discussion, the Committee NOTED the publication of the Main Issues Report for the Third National Planning Framework and Draft Scottish Planning Policy for consultation, and that a full response would be reported to the Planning, Environment and Development Committee on 14 August 2013, for homologation; and AGREED that:

i.  in response to the decision of the North Planning Applications Committee at
   its meeting of 12 February 2013, no letter need be sent to Scottish
   Ministers on the wild land issue in advance of the Council’s consideration of
   the recently published consultation on NPF3 and SPP Review and submission
   of its response; and
ii. a workshop be arranged towards the end of June 2013 to provide an
   opportunity for Members to consider the NPF3/SPP consultation, with a view
   to informing the Council’s draft response, efforts to be made to schedule
   this workshop together with that being planned to examine the proposed
   revisions to the Common Agricultural Policy (CAP).

12. Highland-wide Local Development Plan – Annual Update on Action Programme 
Plana Leasachadh Ionadail na Gàidhealtachd air Fad – Cunntas Bliadhnail mun Phrògram-gnìomha

Further to adoption of the Highland-wide Local Development Plan in April 2012 and Member approval of the accompanying Action Programme in March 2012, there had been circulated Report No. Ped-36-13 (128kb pdf) dated 26 April 2013 by the Director of Planning and Development outlining the content of the newly updated Action Programme for 2013 (Appendix 1 to the report), and informing Members of the progress made to date, whilst seeking continued approval for the ongoing work relating to Development Planning.

Having heard the Principal Planner outline the main features of the report, the Committee AGREED the content of the Highland-wide Local Development Plan Action Programme 2013 update.

13. Planning Appeals – Annual Summary of Decisions
Ath-thagraidhean Dealbhaidh – Geàrr-chunntas Bliadhnail de Cho-dhùnaidhean

There had been circulated Report No. Ped-37-13 (156kb pdf) dated 2 May 2013 by the Director of Planning and Development providing Members with a summary of appeal decisions from 1 April 2012 to 31 March 2013 and seeking Member approval of the revised Planning Appeals Protocol to be followed in cases where an appeal was lodged in respect of an application that had been refused by a Planning Applications Committee contrary to officer recommendation.

In response to questions, the Head of Planning and Building Standards / Principal Solicitor (Planning) clarified that:

• in the event that no member of the Council’s Planning and Development Service staff could be found who agreed with a PAC decision which was contrary to the recommendation of a Planning colleague, and was thus in a position to represent the Council at a hearing/inquiry, it would be necessary to engage a planning consultant
• the average cost of appeals lost by the Council varied according to the complexity of the process involved, with three recent appeals, determined on written submissions only, averaging some £10,000 each
• the Protocol changes being recommended related to streamlining of officer-level processes.

He also advised that the Directorate for Planning and Environmental Appeals’ own target timescales for dealing with appeals would be confirmed and information passed to Dr A Sinclair on the length of time outstanding appeals against this Council had been awaiting decision.

After discussion, the Committee NOTED the decisions on the appeals determined in 2012/13 and APPROVED the revised Planning Appeals Protocol.

14. Enforcement Charter – Update
Cairt Cur-an-sàs – Cunntas as ùr

There had been circulated Report No. Ped-38-13 (2128kb pdf) dated 1 May 2013 by the Director of Planning and Development presenting the revised version of the Planning Enforcement Charter, which required to be published and subsequently reviewed by the Highland Council under the terms of Section 27 of the Planning etc. (Scotland) Act 2006.  The Charter advised customers of the powers available to the planning service in dealing with planning enforcement matters, its service standards, contact points and how to make a complaint about the service.

In speaking to the report, the Head of Planning and Building Standards highlighted the recent approval to recruit two additional planning enforcement officers and the consequent improvement in the Council’s capacity to address these issues.

During discussion, it was suggested that, in the interests of transparency, there should be a standing item on each Committee agenda providing detailed information on builders and developers deemed to be in breach of planning rules/conditions and on enforcement action being taken, perhaps modelled on the style of report submitted at item 13 above.

The Committee NOTED the intention to review the Charter on an annual basis; and AGREED:

i.   to adopt the Charter as set out in Appendix 1 to the report as the
    Council’s statement of planning enforcement policy and procedure;
ii.  that any minor variations or amendments required be delegated to the
    Director of Planning and Development; and
iii. that details of enforcement activity be included in the quarterly performance
    report to Committee, it being open to Members to review the sufficiency of
    this reporting route once trialled.

15. Conservation Area Regeneration Scheme (CARS) Update
Cunntas as Ùr mu Sgeama Ath-nuadhachaidh Sgìre Ghlèidhteachais

Ms G Ross, having been in receipt of a CARS grant, declared a financial interest and left the Chamber for the duration of this item.

There had been circulated Report No. Ped-39-13 (28kb pdf) dated 30 April 2013 by the Director of Planning and Development updating Members on the delivery of the Wick Pulteneytown Conservation Area Regeneration Scheme (CARS) and Dingwall CARS, and on the outcome of recent bids for CARS / Townscape Heritage Initiative (THI) grant funding for Academy Street, Inverness.

During discussion, disappointment was expressed that the CARS application to Historic Scotland and the THI application to the Lottery Heritage Fund (LHF), both in relation to Academy Street, Inverness, had been unsuccessful.  Members were advised that Historic Scotland had indicated that they would like to try to support the Academy Street project through a potential mixture of Inverness City Heritage Trust funds and the Historic Scotland Building Repair Grant, which in turn would have the potential to act as match funding for any future LHF award.  Dialogue remained on-going between Council Officers, Inverness City Heritage Trust and Historic Scotland in order to understand how the available funds could best be utilised.

The Committee NOTED progress to date with the Wick Pulteneytown CARS, Dingwall CARS, and Inverness CARS/Townscape Heritage Initiative; and AGREED that Officers should continue to work with the Heritage Lottery Fund on a potential resubmission for a Townscape Heritage Initiative grant for Academy Street, Inverness.

16. Nairn South Strategic Masterplan
Prìomh Phlana Ro-innleachdail Inbhir Narann a Deas

There had been circulated Report No. Ped-40-13 (4063kb pdf) dated 1 May 2013 by the Director of Planning and Development detailing the outcomes of consultation on the draft Strategic Masterplan prepared by the Council in relation to land allocated for development to the south of Nairn.  Comments received in respect of the consultation had been set out in Appendix 2 to the report and had, where considered appropriate, led to amendments to the Strategic Masterplan (as in Appendix 1 to the report). 

These comments had included:

• questioning the principle of development being permitted in advance of construction of the proposed A96(T) bypass
• emphasising the importance of the neighbouring sawmill to the local economy and the need to safeguard its projected expansion lands
• the need for noise mitigation to protect the interests not only of future occupiers of the proposed new housing development but also of current established users, in particular the sawmill, who might be subject to complaints from future residents
• concerns over the phasing and speed of delivery of development
• concerns over the timing of delivery of all infrastructure improvements

During discussion, Nairn Member Mr M Green, having explained that Nairn Provost Mrs L MacDonald had been unable to attend the afternoon session of the Committee, reiterated local concerns concerning the principle of commencing development ahead of delivery of the A96(T) bypass, particularly given the current volume of traffic on Cawdor Road/Balblair Road and the scope for an increase in local “rat runs”; and also the potential negative impact on the future of the sawmill, an important local employer.  He hoped that, should the Masterplan be approved, solutions to these issues could be found, in cooperation with the local community.  He proposed in particular that there be a pause in construction on completion of 100 units, and a review at that time of the traffic assessment, in consultation with the community.

In addressing the various comments made, Members were reminded that the principle of development on this site, ahead of provision of the bypass, had been supported in the Council’s Highland-wide Local Development Plan.  The Council could not therefore defend introducing a requirement now for development to await the bypass; any such change of position would increase the likelihood of an appeal on the grounds of non-determination or against refusal of planning permission being successful, and of the Council thus losing its capacity to control the roll-out of the development programme.  Members were also advised that existing professional transport assessments had found that the existing road network was sufficient to cope with the early phases of development.  It was acknowledged, however, that further assessments would be required for subsequent phases.

Attention was also drawn to relevant provisions in the draft Masterplan, including:

• incorporation of a phasing strategy to deliver key transport and other infrastructure improvements, in line with development
• clarification of the intention to seek developer contributions in relation to affordable housing, education, roads, footbridge and green network
• the direct delivery of traffic management improvements to Cawdor and Balblair Roads, with the intention that access to the first phases of the new development would be from Cawdor Road, reducing the impact on sawmill traffic using Balblair Road
• confirmation of protection of the sawmill expansion lands
• setting of the noise criteria to be met

In response to a recent request by the sawmill operators seeking assurances that the noise decibel level criteria to be set as part of the mitigation measures would be confirmed as the benchmark against which any future complaints would be judged, it was explained that the Council had a legal obligation under Environmental Health legislation to investigate every complaint and to judge it on its merits, without pre-limitation.  The Head of Planning and Building Standards emphasised, however, that the onus would be on developers to ensure that protection for the sawmill was built into their proposals.

After discussion, the Committee APPROVED the Nairn South Strategic Masterplan document, as set out in Appendix 1 to the report, as a material consideration for development management purposes, with immediate effect upon satisfactory completion of the Strategic Environmental Assessment process, subject to:

i.  reinforcement throughout the Masterplan, where appropriate, of the role of cycling; and
ii. integration into the Masterplan of provision for a pause in construction, and
   review of the traffic assessment, on completion of 100 units.

17. Scottish Government Consultation: The Legislative Framework Governing Allotments
Co-chomhairle Riaghaltas na h-Alba: Am Frèam Reachdail a’ Riaghladh Chuibhreannan-fearainn

There had been circulated Report No. Ped-41-13 (62kb pdf) dated 29 April 2013 by the Head of Policy and Performance summarising the Scottish Government’s consultation on the legislative framework governing allotments and asking Members to consider a draft Council response.

Having heard the Head of Environment and Development outline the main features of the report, the Committee AGREED the draft response to the Government’s consultation on the Legislative Framework Governing Allotments, as appended to the report, with the inclusion of comments made in discussion highlighting the value of private arrangements for shared/community use of gardens whose owners were themselves unable to tend them.

18. Cairngorm Funicular Visitor Management Plan: Outcome of Consultation
Plana Rianachd Luchd-tadhail Rèile-càball a’ Mhonaidh Ruaidh: Toradh na Co-chomhairle

There had been circulated Report No. Ped-42-13 (409kb pdf) dated 15 April 2013 by the Director of Planning and Development advising that a change to the Cairngorm Funicular Visitor Management Plan (VMP) to allow for access to Carn Gorm from the Top Station by way of guided walk – the so-called ‘Walk @ TheTop’ – had been requested by Cairngorm Mountain Limited.  Following a consultation exercise in 2011 and a period of successful trials, Scottish Natural Heritage’s (SNH) advice was that there would be no effect on the integrity of the European site as a result of the proposal. 

Having NOTED the findings of the consultation and SNH’s advice, the Committee welcomed and AGREED the proposed change to the VMP to allow Cairngorm Mountain Ltd to operate the guided walk ‘Walk @ TheTop’; and NOTED that further changes to the VMP might be sought in due course.

19. Caithness and North Sutherland Regeneration Partnership – Minutes
Fòram Ath-bheothachaidh Ghallaibh agus Chataibh a Tuath – Geàrr-chunntas

Mr D Hendry, as Chairman of the Advisory Board of the Caithness and North Sutherland Regeneration Partnership, and Mr G Farlow, Mr T Prag, Ms G Ross and Mr R Saxon, as Board members, declared non-financial interests in relation to this item but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that their interests did not preclude their involvement in the discussion.

There had been circulated and were NOTED the Minutes of the Caithness and North Sutherland Regeneration Partnership Meeting held on 30 November 2012 (34kb pdf).

20. Minutes
Geàrr-chunntas

There had been circulated and were NOTED Minutes of the Planning Applications Committees (PACs) for:-

i. North PAC 11 and 12 February 2013
ii. South PAC 19 February 2013
iii. North PAC 19 March 2013
iv. South PAC 26 March 2013
v. South PAC 8 April 2013.

The meeting ended at 2.35 p.m, having adjourned for lunch between 1.05 p.m. and 1.45 p.m.