• Agenda

Please read the full list of agenda and minute items.

Minutes of Meeting of the Transport, Environmental and Community Services Committee held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 15 August 2013 at 10.30am.

Present:

Mr D Alston, Mr R Balfour, Mr B Barclay, Mr A Baxter, Mr B Clark, Dr I Cockburn, Mr N Donald, Mr A Duffy (Substitute), Mr M Finlayson, Mr A Graham, Mr R Greene, Mr A Henderson, Mr D Hendry, Mr B Lobban, Mrs L MacDonald, Ms A MacLean, Mr K MacLeod, Mrs B McAllister, Mr B Murphy, Mr G Phillips, Mr M Rattray, Mr A Rhind, Mrs F Robertson (Substitute), Mr J Rosie

Non-Members also present:

Miss J Campbell, Mrs M Davidson, Ms J Douglas, Mr B Gormley, Mr E Hunter, Mr D Kerr, Mr R Laird, Mr N MacDonald, Mr D Mackay, Mr T MacLennan, Mr T Prag, Mr R Saxon, Dr A Sinclair

In attendance:

Mr N Gillies, Director of Transport, Environmental and Community Services
Dr C Clark, Head of Waste Management
Mr R Guest, Head of Roads and Community Works
Mr S MacNaughton, Head of Transport and Infrastructure
Mr M Mitchell, Finance Manager
Mr A Yates, Environmental Health Manager
Mr G Robb, Trading Standards Manager
Mr J Danby, Principal Engineer
Mr H Logan, Senior Engineer
Miss M MacDonald Fraser, Secretary
Miss J Maclennan, Principal Administrator, Chief Executive’s Office
Mrs F MacBain, Committee Administrator, Chief Executive’s Office
Mrs R Daly, Committee Administrator, Chief Executive’s Office

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

Mr G Phillips in the Chair

Business

Preliminaries

The Director drew attention to two landslips that had occurred on 29 July 2013 on the single track A832 between Slattadale and Kerrysdale as a result of a severe downpour.  Following remedial works, the road had been re-opened on 2 August 2013. The road was included in the programme for minor road improvements and design work on this would now be progressed.

Members emphasised the detrimental impact the closure of this lifeline road had on the local economy in the height of the tourist season and NOTED that a site visit and meeting had been scheduled on 13 September 2013 to look at options for its improvement.

1. Apologies for Absence
    Leisgeulan

Apologies for absence were intimated on behalf of Mr H Morrison and Ms M Smith.

2. Declarations of Interest
    Foillseachaidhean Com-pàirt

The Committee NOTED the following declarations of interest:-

Item 8 – Mr A Baxter, Mr M Finlayson (non-financial)
Item 9 - Mrs A MacLean (non-financial), Mr A Baxter (financial)
Item 13 - Mr A Duffy, Mr B Gormley, Mrs A MacLean, Mr T MacLennan, Mr K MacLeod, Mr G Phillips (non-financial)

3. Recess Powers
Cumhachdan Fosaidh

The Committee NOTED that the Recess Powers granted by the Council at its meeting on 27 June 2013 had not been exercised in relation to the business of the Transport, Environmental and Community Services Committee.

4. Revenue Budget – Final Outturn 2012/13 and Monitoring 2013/14
    Buidseat Teachd-a-steach – Fìor Shuidheachadh Deireannach
    2012/13   agus Sgrùdadh 2013/14

There had been circulated Report No TEC 52-13 (53kb pdf)  dated 6 August 2013 by the Director of Transport, Environmental and Community which invited Members to approve the Revenue Budget outturn position for the year ended 31 March 2013 and the revenue monitoring position for the period 1 April 2013 to 30 June 2013.

The Revenue Budget 2012/13 outturn showed an overspend of £4.106m (6.8%) out of a net budget of £60.682m.  This had occurred as a result of a number of issues, namely the storm surge on the 14/15 December 2012 requiring emergency repair works to a number of harbours and coastal defences causing unanticipated expenditure of £0.643m, with further costs incurred in 2013/14;  an increase in the overspend in roads cyclical maintenance by £0.677m; an increased subsidies and concessionary fares overspend of £0.397m; piers and harbours returning a shortfall of £0.254m on their targeted surplus; and an overspend in health and safety expenditure at Transport, Environmental and Community Services (TECS) depots, principally at the Diriebught and Lotland Street depots in Inverness.

Turning to the Revenue Monitoring budget for 2013/14, this was currently in line with management expectations. At present, the Service was aware of some anomalies that would distort the financial position for the current financial year, as detailed in the report.  Based on the financial performance to date, it was predicted that at the end of the financial year the budget would be overspent but managers were looking for compensatory savings to reduce any overspend.

During discussion, several Members spoke of the impact staff reductions were having on the delivery of services, with several specific examples given of minor projects that were not being undertaken or completed, such as grass cutting, weed-killing, repainting of white lines, gully clearing and the maintenance of cemetery paths.  Examples were given of equipment lying unused due to lack of operators or because it could not easily be moved from one town to another.  It was suggested that a cross-party Working Group was required for in-depth analysis of this situation.

Other Members pointed out that, in recent years, difficult decisions had been taken with regard to essential savings measures and some operational reductions were being experienced as a result.  Attention was drawn to the review of Roads and Community Works which was underway and which would consider how service delivery could be improved within existing budgets, with a report on this planned for the September Committee.  Members stressed the importance of avoiding criticising staff, including managers, and praise was given to staff, particularly for their ability to cope with emergencies such as sudden storm damage which disrupted normal working schedules and budgets.  The Director emphasised that minor operational matters could be brought directly to his attention at any time, especially if Members felt unnecessary delays were being experienced and, if a matter could not be progressed, he would ensure that a full and accurate explanation was given.  Members also suggested that minor issues could be resolved by inviting local TECS officials to ward business meetings.

In relation to the review of the Corran Ferry fare structure, the attendance of the Head of Transport and Infrastructure at public consultation meetings had been appreciated and, given the level of public concern about the issues raised by the review, Members hoped that the situation would be stabilised for a significant number of years and that future budget gaps would not lead to additional reviews. In this regard, the Chairman offered to discuss the statutory framework for the review of ferry services with the Scottish Government.  Reference was made to the possibility of a bridge in place of the ferry service and, although it was acknowledged that this was a long-term objective, it was felt that the matter would benefit from early inclusion in talks about the future of this lifeline route. Due to the large public response to the initial proposed fare structure and the need for further consultation, it was hoped that a final recommendation would be brought to an early TEC Committee.

In response to further questions from Members, it was explained that:-

• detail would be provided to relevant Ward Business meetings on current vacancies, particularly for technical and engineering posts;
• local Members would be kept fully informed at any early stage of proposed savings during the review of the Roads and Community Works function;
• while the 32% reduction in charges for street lighting electricity supplies, following pressure from COSLA, was welcomed, the Feed-in Tariff charges for 2013-14 were still awaited and it would be helpful for budgeting, in future, if this information was available prior to the start of a financial year;
• there was no ‘overtime ban,’ as had been suggested, although there was a fixed overtime budget which had to be allocated according to priority; and
• the importance of having machinery and equipment in the right place at the right time would be investigated as part of the planned review.

Following discussion, Mr D Hendry, seconded by Mr G Philips, MOVED acceptance of the recommendations in the report. As an AMENDMENT, Mr A Rhind, seconded by Mrs F Robertson, moved that a cross-party Working Group be established to have an in-depth look at every aspect of Transport, Environmental and Community Services.

On a vote being taken, the MOTION received 13 votes and the AMENDMENT received 10 votes the MOTION was therefore CARRIED, the votes having been cast as follows:-

For the Motion:

Alston, D; Clark, B; Cockburn, I; Duffy, A; Hendry, D; Lobban, B;  MacDonald, L; MacLean, A; MacLeod, K; McAllister, B; Murphy, B; Phillips, G; Rattray, M.

For the Amendment:

Balfour, R; Barclay, B; Baxter, A; Donald, N; Finlayson, M; Greene, R; Henderson, A; Rhind, A; Robertson, F; Rosie, J.

The Committee APPROVED:-

i.  the Revenue Budget final outturn position for the year ended 31 March
    2013;
ii. the report and the attached monitoring statements which showed the
    revenue position for the period 1 April 2013 to 30 June 2013 and the
    actions which had been put in place to manage the budget over the
    reminder of the financial year; and

and AGREED:-

iii. to provide Members, via Ward Business meetings, with detailed information
    on the current technical and engineering vacancies mentioned in section 4
    of the report; and
iv. to provide Mr D Mackay with information about taking play equipment out
    of use and delays in procuring equipment for a new play area.

5. Capital Expenditure – Final Outturn 2012/13 and Monitoring
    2013/14
    Caiteachas Calpa – Fìor Shuidheachadh Deireannach 2012/13 agus
    Sgrùdadh 2013/14

There had been circulated Report No TEC 53-13 (68kb pdf) dated 2 August 2013 by the Director of Transport, Environmental and Community Services which invited Members to approve the Capital Expenditure outturn position for the year ended 31 March 2013 and the monitoring position for the period 1 April 2013 to 30 June 2013.

During a summary of the report, it was confirmed that the final outturns for expenditure and income in 2012/13 were £29.265m and £3.035m respectively leading to an overspend of £7.099m.  The funding of emergency works would be met from the Council’s overall capital allocation and the vehicle expenditure would be met by transfer of the lease payment provision to the loan charges budget.  After taking account of the one-off expenditure, the resultant overspend of £4.490m would be carried forward to the 2013/14 capital programme.  Budgets for projects not started or partially completed had been carried forward to the 2013/14 programme.  All emergency and necessary additional works undertaken in 2012/13 had been accommodated from within the programme and were funded by underspends or increased grant funding on various projects.

In terms of the Capital monitoring position from 1 April to 30 June 2013, the projected outturns for expenditure and income were £26.737m and £1.637m respectively leading to an overspend of £0.373m. The main contributing factor was overspends on road structural works including culverts, ancillary bridges and retaining walls. The overspend would be met from a combination of project underspends, slippage and profile adjustments in the 2014/15 capital programme and officers were confident that the budget would come in on target.

During discussion, Members raised a number of issues and made the following comments:-

• clarification was sought whether the Service was considering and identifying new areas for burial grounds.  This was particularly pertinent as some burial grounds were nearing capacity.  In particular, a progress update was sought on the Tain Cemetery expansion; and
• Members welcomed progress that had been made resulting from shovel ready projects and made specific reference to the accelerated project to re-open Conon Bridge Railway Station.  This had brought great benefit to the community and been made possible because of partnership working and a readiness to seize opportunities whenever they arose.  

Responding to these and other comments, it was confirmed that:-

• as agreed by the Committee in March 2013, a ten year cemetery extension/replacement programme was being developed which would address the need for extensions to be in place and progress reports would be brought before the Committee periodically.  A progress update specifically on the Tain Cemetery expansion would be provided, as requested;
• the A890 Strathcarron to Balmacara project was a European-funded scheme, a requirement of which was that it be completed by the end of the financial year. The project would imminently be going out to tender and involved improving the road to a two track standard between the Strathcarron junction and Culag.  Work would take place during the winter on this project with completion by March 2014 so as to avoid the summer tourist season;
• this was the first year that the Capital Programme had included an allowance for the replacement of vehicles and plant, which included such machinery as road sweepers.  The £3m allowance would provide flexibility to consider both leasing and purchasing options.  It was, nevertheless, important to consider that there were revenue implications of operating such items of plant and the overall cost of the operation to assess efficiencies.

Following discussion, the Committee:-

i.  APPROVED the Capital Expenditure outturn position for the year ended 31
    March 2013;
ii.  APPROVED the Capital Expenditure monitoring position for the period 1
    April 2013 to 30 June 2013; and
iii. AGREED that a report be brought back to a future Committee concerning
    progress made in relation to the cemetery extension/replacement
    programme and, specifically, to provide Mrs F Robertson with information as
    to progress with the Tain Cemetery extension.

6. Additional £1m for Roads Maintenance
    £1m a Bharrachd airson Rathaidean a Chàradh

There had been circulated Report No TEC-54-13 (18kb pdf) dated 2 August 2013 by the Director of Transport, Environmental and Community Services which invited Members to approve the proposals for spending the additional £1 million from the Council’s Strategic Change and Development Fund for roads maintenance.

It was confirmed that the Council had agreed that the £1m be distributed on the same basis as adopted by the Committee in May 2013 for the disbursal of an additional £2m allocated for road maintenance as part of the revenue budget for 2013/14.  50% of the allocation was based on road mileage, to improve road drainage and 50% on the basis of the Scottish Road Maintenance Condition Survey, to improve the condition of the road surface.  An outline of how the £1m would be distributed according to these criteria was provided in the report.  It was confirmed that the funding would allow the Council to introduce additional maintenance work, some of which would use greener, lower carbon technology in accordance with the aims of the Road Asset Management Plan.

During discussion, Members raised a number of issues, including:-

• assurances were sought that that the specialist patching techniques referred to for repairing road surfaces would provide a suitable medium to long-term solution;
• instances were cited of jet patching repairs having been carried out last year which had since failed.  It was queried whether it was the best use of resources to continue to trial techniques that might ultimately fail rather than making reliable long-term repairs;
• clarification was requested on whether cost comparisons had been made for road surface repair to ascertain whether the new techniques represented value for money;
• similar works had been observed being carried out out-with the Highland area and had appeared to be delivered much more quickly and efficiently and perhaps lessons could be learned from other local authorities;
• the Council had been particularly successful in gaining funding for “shovel-ready” projects because it had embraced this concept early and taken steps to avail itself of funding wherever possible.  Every effort should continue to be made to maximise any potential future funding in this way;
• a query was raised as to whether drainage surveys would be available at ward level.

Responding to these comments, it was confirmed that:-

• jet patching had been carried out before and the overall results had proved satisfactory in the medium to long-term and would serve the area well.  Infra-red techniques had also proved successful;
• the option of cutting out failed patches of road surface and filling in with hot tar was the most expensive and slowest form of repair;
• a number of road recycling techniques had been carefully analysed in terms of effectiveness and value for money – the new processes were simpler, used less complicated equipment and used lower carbon technologies which, for this reason alone, were worth pursuing.  Negotiations were still on going with contractors regarding techniques and this information would be reported in due course;
• an investigation into works that had been carried out quickly out-with the Highland area would be made with the relevant Local Authority;
• it was confirmed that the road grant had previously been based on road mileage.  However, since 2007 ring-fencing had been removed with each Council receiving a central block grant.  Distribution of the central block grant between services was now a decision for the Council itself; and
• regarding drainage work and reference to the ROADEX methodology, it was important to recognise that, after damage by heavy goods vehicles, rainwater was the greatest cause of road wear.  Better value could be gained from clearing ditches rather than resurfacing roads at a later stage.

The Committee APPROVED the proposals for spending the additional £1 million from the Council’s Strategic Change and Development Fund, as set out in the report.

7. Audit Scotland Report “Maintaining Scotland’s Roads: An Audit
    Update on Councils’ Progress” 
    Aithisg Sgrùdadh Alba “A’ Càradh Rathaidean na h-Alba: Cunntas
    Sgrùdaidh as Ùr mu Adhartas Chomhairlean”

There had been circulated Report No TEC 55-13 (385kb pdf) dated 2 August 2013 by the Director of Transport, Environmental and Community Services which updated Members on the audit work carried out by Audit Scotland in 2012 concerning how each council had responded to the recommendations contained in Audit Scotland’s report “Maintaining Scotland’s roads: a follow up report” (2011).

During a summary of the report, it was confirmed that Audit Scotland had undertaken a series of work over the past decade on maintaining Scotland’s roads, the most recent of which had been published in May 2013.  This report was based on the result of reviews undertaken in 2012, interviews with the Society of Chief Officers of Transportation in Scotland (SCOTS) and the national road maintenance review.  The recommendations from the 2013 report were detailed, together with the Highland Council’s response to it.

Specific reference was made to the Council’s response to the Audit Scotland findings which had led to the publishing of the Council’s Road Asset Management Plan (RAMP).  The Highland Council was the first local authority to have a RAMP in place and work was underway on revisions to the next version which would be brought before Members in the near future.   The Council had made good progress in managing its assets, the key to which was that funding was now allocated to areas of greatest need.  Road condition indicators were now available as a management tool which enabled road condition trends also to be managed for future years.

During discussion, reference was made to the reporting of the maintenance backlog and a request was made for this to be made available to Members.  It was confirmed that this was reported annually to the Committee and that figures were reported generally rather than at ward level.  It was confirmed that structural maintenance programmes would also be reported through Area Committees and that Members would be made aware of road maintenance issues and be involved in determining the programme.

Reference was also made to the Accounts Commission comment that safe, well-maintained transport links were vital to Scotland’s economic prosperity and wellbeing and that Transport Scotland and Councils should work together to consider all opportunities for achieving more with the resources currently available.  In this context, a suggestion was made that the Council make a policy of clearing vegetation overgrowth at laybys along routes such as the A82.  Vistas obscured by overgrown vegetation had contributed to road safety concerns and caused frustration on roads frequently used by tourists.  This would be a low-cost means of increasing road safety and improving tourist experiences and it was hoped that the Committee would promote this idea to Transport Scotland and the Scottish Government.

The Committee:-

i.  NOTED the recommendations set out in Audit Scotland’s report
    “Maintaining Scotland’s roads: an audit update on council’s progress” (May
    2013);
ii. NOTED the progress that Highland has made in relation to asset
    management planning, performance management and collaborative
    working; and
iii. AGREED that the removal of vegetation and the cutting back of trees
    along the A82 to open up approaches to laybys for tourists be raised with
    Transport Scotland.

8. Managing Obstructions within the Adopted Road 
    Cumail Rian air Bacaidhean taobh a-staigh Rathaid fo Urra

Declarations of Interest:

Mr A Baxter declared a non-financial interest in this item on the grounds of operating post office premises which had A Boards within the curtilage of the premises 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.

Mr M Finlayson declared a non-financial interest in this item on the grounds of being a trustee of Cornerstone Project, which also ran a café in Evanton, and left the room.

There had been circulated Report No TEC 56-13 (56kb pdf) dated 2 August 2013 by the Director of Transport, Environmental and Community Services which presented the outcome of the consultation in relation to managing obstructions in the adopted road (including footways and verges) and invited Members to approve Policies in relation to managing obstructions in the road as set out in Appendices A to D of the report.

The report set out four policies as follows: signs on footways and footpaths; signs on roadside verges; display of goods for sale; and street cafes.  A consultation exercise had taken place during May and June 2013 covering a range of issues including tourism, business and commence, economic regeneration, road safety, planning, access and disability discrimination.  Three options for the control of advertising signs were consulted on and the report detailed and analysed the range of responses from stakeholders.  The proposed policies to permit certain obstructions in a controlled manner were set out in the appendices to the report.

During discussion, Members pointed out that the return rate for the consultation, at 17.3%, was low and suggested that the wording of the consultation had been too bureaucratic and complicated.  Other Members felt that some Community Councils and businesses might not have replied because they did not feel that the matter had sufficient relevance for them.

It was suggested that the proposed policy was overly bureaucratic and Members queried the time it would take to administer and enforce.  Others pointed out that the Council had a statutory duty under the Roads (Scotland) Act 1984 to keep the adopted road, including footways and verges, clear of obstructions unless authorised in writing by the Roads Authority and reference was made to the difficulties that were experienced by staff when they tried to manage obstructions without having a policy or set of rules to refer to.  A policy that was applicable to all businesses would allow enforcement staff to demonstrate that everyone was being treated equally and would ensure the same approach was adopted across Highland.  Reference was also made to the needs of people with disabilities, particularly those in wheelchairs or partially sighted, as well as people with prams and buggies, who required a safe and accessible route along pavements.

In response to questions from Members, it was explained that:-

• the policy was not being introduced in response to fears of legal action in the case of accidents as a result of obstructions, but to help staff to enforce the Council’s statutory duty to keep the adopted road and footways clear of obstructions in a fair and equitable manner;
• the policy only permitted one obstruction outside each premise for reasons of simplicity and to prevent a proliferation of advertising boards outside businesses, although Members pointed out that some businesses might have a long curtilage which could easily accommodate more than one;
• the issue of roadside markers for people who had been killed in road traffic accidents was already covered by policy but it was to be the subject of a future report to the Committee.  A Code of Practice also existed for local authorities that had been developed in conjunction with the Police and Members pointed out that such ‘shrines’ served as good reminders to drivers of the dangers of excessive speed;
• if a road or pavement was in private ownership, the Council could not enforce the policy but might require the owner to obtain planning permission for any obstruction.  At times, establishing the ownership of a particular location could be problematic and time consuming;
• without a policy permitting certain obstructions, within set parameters, the Council’s statutory duty to keep footways etc clear would mean that all objects on public footways would be technically illegal;
• to meet the definition of a street café, it was necessary that food and drink were transferred to the outdoor area by a waiter or waitress. Tables and chairs outside take-away units would be dealt with as obstructions under this new policy; and
• it was illegal for any signage to be affixed to most items of street furniture, such as traffic lights and road signs.  However, the Head of Roads and Community Works would discuss flexibility with regard to signage being affixed to Council street furniture with Mr A Rhind.

Members further commented as follows:-

• clarification was sought on the meaning of the phrase in Appendix A which stated that advertising boards must ‘not cause offence’;
• a ‘light touch’ approach to enforcement should be taken, especially in the early stages of the policy’s implementation; and
• if Community Councils were unclear about any Council consultation, they would normally ask the local Councillor for clarification.

The Committee:-

i. APPROVED the Policies in relation to managing obstructions in the road as
   set out in Appendices A, C and D of the report subject to officers clarifying
   what is meant in relation to boards/advertising containing offensive words or
   images;
ii. APPROVED the Policy for managing the placement of advertising signs in
   road verges as set out in Appendix B of the report, subject to Planning and
   Development confirming the requirements for Advertising Sign Consent;
iii. AGREED that no fee should be charged for signs on footways, footpaths
    and verges or for display of goods and wares, at this time, and that a
    review of the need to introduce fees be reviewed in 12 months;
iv. APPROVED that the level of fees presently charged for street cafés in
    Inverness remain the same and be applied across Highland; and
v. APPROVED that the Policies contained in the report be introduced from 1
    October 2013; and
vi. AGREED that the Head of Roads and Community Works facilitate
    discussion, outwith the meeting, with Mr A Rhind on flexibility with regard
    to signage being affixed to Council street furniture.

9. Trading Standards – Internet Delivery Charges Project
    Inbhean Malairt – Pròiseact Chosgaisean Lìbhrigidh Eadar-lìn

Declarations of Interest

Mrs A MacLean declared a non-financial interest in relation to this item on the grounds of being a Board Member of Ross and Cromarty Citizens Advice Bureau 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.

Mr A Baxter declared a financial interest in relation to this item on the grounds of being a sub Postmaster and left the room.

There had been circulated TEC-57-13 (86kb pdf)  dated 2 August 2013 by the Director of Transport, Environmental and Community Services which updated Members on progress in relation to the Internet Delivery Charges Project and invited Members to note the completion of the project, the outcomes achieved and to approve the recommendations for further work in this area.

During a summary of the report, a brief outline of the stages of the project was given together with the outcomes of the investigation, partnership work and publicity.  Trading Standards had engaged with a range of agencies on this project, in particular the Office of Fair Trading, Consumer Focus Scotland (now renamed Consumer Futures) and Citizens Advice Scotland (CAS).  While significant achievements had been made, there were a number of continuing strands of work for Trading Standards on delivery charges which were detailed.  Solutions remained to be explored for both retailers and carriers to tackle the problem of higher delivery charges for Highland buyers and this involved creating a Code of Practice for those involved with internet retailing.  A trusted trader scheme could be based in future on such a Code of Practice.  The project had widened beyond the scope of the Highland area and was now gathering momentum as a project aimed at the north of Scotland and other remote communities in Scotland.

During discussion, Members welcomed progress and commented as follows:-

• this remained a significant issue for the Highlands and Islands where customers had been punitively charged for deliveries.  Members welcomed that there was on-going work to challenge these inequities and progress on the proposal of an approval scheme.  Many companies had responded to the challenge and some had been exposed for their charging practices.  It was acknowledged that there was still a lot of work to be carried out especially with distribution agents and there was now a need to maintain this good work and continue to apply pressure and pursue this seriously with freight providers;
• members of the public should be encouraged to cancel orders if delivery charges were only shown towards the end of the purchasing process and to contact the company;
• delivery charges for goods sent oversees to Service Personnel were sometimes less than for those applied to the Highlands and Islands.  Delivery charges for Service Personnel had previously been the subject of a similar campaign and this was an issue that both the UK and Scottish Governments should be encouraged to address;
• it was important to maintain the profile of this work and keep the momentum going.  The consortium arrangement was very encouraging and particularly that it was now drawing on a wider geographical scope.  There should be encouragement for companies whose charging policies were based on postcodes to offer an alternative delivery option on their sites;
• although it was acknowledged that taking legal action was a difficult, the consortium should not shy away from taking this step as it would increase media profile and encourage other businesses to address the issue;
• this linked with the Council policy relating to the cost of living in remote and rural areas.  Highlands and Islands Enterprise had recently launched its report on additional costs associated with standards of living in remote and rural areas and concluded that access to online shopping in these areas would make a significant difference.  If the Council could address the issues associated with Broadband connections in these areas, older people gaining skills in online shopping and fair delivery charges being achieved would make a significant improvement to standards of living in remote and rural areas; and
• this project also contributed to the Council’s Programme commitment to deliver a green transport strategy – online shopping would reduce the need to make some road journeys.

Responding to these and other comments, it was clarified that the practice of increasing or providing delivery charges late in the purchasing process was illegal and should be reported to Trading Standards.  It was a definite intention to pursue the Approval Scheme proposal; the Code of Practice would form the basis for this.  Work was now needed on establishing a delivery mechanism and to find a way to allow customers to provide feedback.  Given the progress that had been made with partner agencies, the Approved Scheme had now grown outwith the Council’s specific remit and effort would be focussed on realising this within a wider context.  There had so far been no need to resort to legal action as results had been achieved through dialogue and negotiation but this recourse would remain available if needed.

Following discussion, the Committee:-

i. NOTED the completion of the Internet Delivery Charges project undertaken
   by Trading Standards and the outcomes achieved, and
ii. AGREED that Trading Standards continue their work on this topic by the
    following methods:

• leading the consortium of North of Scotland local authorities towards a conclusion of the enforcement activity generated from the CAS data;
• participation in the formation of a national Code of Conduct for internet delivery charges;
• pursue the consideration by the Working Group of the establishment of a viable Code of Conduct based approval scheme; and
• engage with a range of partners to publicise and promote fair delivery charges to Highland buyers.

10. Consultation on Review of Local Air Quality Management in
      Scotland
      Co-chomhairle mu Ath-bhreithneachadh air Rianachd Inbhe Àile
      Ionadail na h-Alba

There had been circulated Report No TEC-58-13 (45kb pdf) dated 2 August 2013 by the Director of Transport, Environmental and Community Services which provided information on local air quality management in the Highlands and invited Members to approve the Council’s response to the Scottish Government’s consultation on the Review of Local Air Quality Management (LAQM) in Scotland.

During a summary of the report, it was confirmed that the Scottish Government’s consultation invited discussion on the best way to address shortcomings identified in LAQM delivery and sought responses by 6 September 2013. The consultation recognised the key role local authorities played in efforts to improve air quality but acknowledged that recent experience indicated that the LAQM system was not delivering to the extent that it should be, particularly in relation to action planning.

The Council’s proposed response was supportive of the proposals to simplify LAQM reporting arrangements which would help Local Authorities free up time and resources that could be better focused on any required action planning.  Specific reference was made to recent monitoring data which had indicated that the high levels of nitrogen dioxide emissions in Queensgate and Union Street, Inverness.  Environmental Health was undertaking a detailed assessment for nitrogen dioxide in this area which would be completed by the end of 2013.  This would be reported back to Members in due course with an indication of what actions might be required.

During discussion, Members commented that it should be made known that pollution was not only an issue for pedestrians but also the occupants of vehicles, particularly busses.  In response it was confirmed that Environmental Health would be reopening discussions with bus companies to raise awareness of the powers granted by the Council to address idling busses.

The Committee APPROVED the Council’s response to the Scottish Government’s consultation on the Review of Local Air Quality Management in Scotland, as detailed in Appendix 2 of the report.

The Committee adjourned for lunch at 1.00 pm. and resumed at 1.45 pm.

11. Roads and Transport Guidelines for New Developments
      Stiùiridhean Rathaidean is Còmhdhalach airson Leasachaidhean
      Ùra

There had been circulated Report No TEC-59-13 (127kb pdf) dated 2 August 2013 by the Director of Transport, Environmental and Community Services which invited Members to approve the final draft of the “Roads and Transport Guidelines for New Developments” for use in all future Planning Applications and in applications for Roads Construction Consent.

In an opening statement, the Chairman explained that the Administration would be reviewing the methodology to establish the merits (and costs) of adopting a “whole town or village” approach to introducing 20 mph speed limits with a report taken back to a future Committee and Members should bear this in mind when considering this Item.  He also pointed out that Members were sometimes asked to approve documents, such as these guidelines, which were lengthy and technical.  As it was impractical for Members to have read and understood the guidelines in their entirety, it was sufficient, in such cases, for them to approve the document if they were satisfied that due process had been followed.

In summary of the report, it was explained that the Roads and Transport Guidelines for New Developments had been approved in draft form by the TECS Committee on 26 May 2011 for use on a trial basis in relation to Planning Applications and applications for Roads Construction Consent.  During the trial period a number of comments on the Guidelines had been made by developers, their agents and by Council officials.  A consultation seminar had been held with members of the development industry on 1 March 2013 and a summary of the comments received at this event and the action taken was provided in the Appendices to the report.  The Guidelines were now in their final draft form and included the need for any new residential areas to be designed to facilitate 20mph speed limits, to incorporate the latest technology where relevant, for example the use of LED street lighting, and modern thinking in relation to design, such as shared space for vehicles and pedestrians.

During discussion, Members spoke in favour of the expansion of 20mph zones and heard that new residential estates would be designed so that they did not require traffic calming to force vehicles to slow down.  A query was raised over the use of the word ‘normally’ in relation to 20mph zones being created on all new streets with residential frontage access and it was clarified that the word ‘normally’ was not required, there being adequate flexibility in the guidelines to handle any exceptions.  Members also welcomed the ‘shared space’ approach, where vehicles and pedestrians were not segregated in residential developments, as it had been shown to be a safer option because the knowledge that drivers did not have priority forced them to slow down.  This approach, and the creation cul-de-sac type roads, encouraged children to play and neighbours to mingle outside, fostering a greater sense of community and improving quality of life.

Turning to parking issues, developers had commented that city and town centres should be defined and parking standards relaxed to promote regeneration.  However, it was clarified that Scottish Planning Policy included a requirement for Local Authorities to apply maximum parking standards for some types of development and this had been incorporated into the new Guidelines document with the objective of minimising on-street parking.

The Committee NOTED that the Administration would be reviewing the methodology to establish the merits (and costs) of adopting a “whole town or village” approach to introducing 20 mph speed limits with a report taken back to a future Committee and APPROVED:-

i. the final draft of the “Roads and Transport Guidelines for New
   Developments” for use in all future Planning Applications and in applications
   for Roads Construction Consents, with the previous document “Road
   Guidelines for New Developments” being withdrawn from use; and
ii. authority being delegated to the Director of Transport, Environmental and
    Community Services to carry out minor amendments to the Guidelines as
    required, normally on an annual basis with any major amendments being
    referred back to the Transport, Environmental and Community Services
    Committee for approval.

12. 20mph Speed Limits – Proposed Schemes
      Casgan Astair 20msu - Sgeamaichean a Thathar a’ Moladh

There had been circulated Report No TEC-60-13 (46kb pdf) dated 2 August 2013 by the Director of Transport, Environmental and Community Services which invited Members to approve the development of 20mph speed limits at locations listed in Appendices A and B of the report during 2013/14 and 2014/15.

During a summary, it was explained that the methodology for identifying areas suitable for 20mph speed limits used a scoring system based on the level of accidents that had occurred, the speed and volume of traffic and the environmental character of the area considered.  Capital funding of £50,000 per annum had been made available to fund the approved schemes.  Based on the available funding, the proposed sites were limited to areas where traffic calming was not required or was of a limited nature.

During discussion, Members welcomed the proposals and recognised that this was a positive step and raised a number of issues:-

• regarding the proposals for the Dalneigh area of Inverness, reference was made to previous traffic calming measures in this area which had caused traffic displacement.  It was hoped that this scheme would avoid this form of displacement  and “rat-running” which was of particular concern given that there was a school in this area;
• it might emerge that, after a given period of time, additional traffic calming measures would be necessary and it was hoped that such a review could be built into the process;
• there were many places throughout the Highlands where a number of traffic calming measures had already been established and it might be a sensible approach to prioritise these villages for 20mph limits.  This might be a low-cost way of achieving the Administration’s aspiration of achieving a Highland-wide whole town or village approach to 20mph speed limits;
• Members requested information on the rationale for the choice of routes as local communities felt that other routes should take a higher priority – this was particularly an issue for areas identified in Tain and the Merkinch area of Inverness;
• it seemed unnecessary to implement 20mph zones in areas where threshold speeds recorded were below 24 mph – more impact would be created on roads where speeds were higher;
• while this could be seen as a positive step, there was a danger that choosing individual roads might ultimately be confusing for motorists and a more consistent and effective approach would be to define wider zones of streets/roads;
• Members paid tribute to the significant amount of work undertaken by Councillor Janet Campbell to pursue this scheme;
• an indication of when the scheme might be implemented was sought;
• it was acknowledged that there had been a sea change in traffic management philosophy which chimed with the Council’s decision to implement “20’s plenty” signs in areas outside schools.  Some ward discretionary budgets had also previously been directed towards creating 20mph limits in some smaller zones;
• there should be priority given to communities in real need according to the methodology criteria; and
• the proposal would create a positive effect on the street environment, reduce carbon emissions and would improve safety for pedestrians and cyclists.

Responding to these and other comments, the process for identifying and implementing the 20mph was detailed.  The process involved discussions with and feedback from Wards and Community Councils leading to the promotion of a Draft Order.  The report detailed the list of streets that had emerged following application of the methodology and related to streets that had accident hazards, where speeds were currently relatively low, traffic calming did not need to be introduced and had an environmental character.  These were schemes that could be achieved with the £50,000 per annum and had been prioritised on that basis.  If speeds were low already on a road then this made it easy to establish a 20mph limit on it to best effect.

It was expected that potential diversions onto neighbouring streets could be addressed during consideration of the options at Ward and community level.  Once the scheme was in place it would be reviewed and an assessment made of any impact on neighbouring streets.   The review might identify a need for additional traffic calming measures and this might lead to the £50,000 being exceeded.  Data relating to the selection and prioritisation of roads could be provided to interested Members.

Regarding timeframes, the process would begin straightaway and, barring objections, the whole Order process could generally be completed in 5-6 months.  However, if there were objections, this could extend the process to 12 months or longer.

The Chairman reiterated that it was a key objective of the Administration to make the roads of the Council safer Highland-wide and that this included the ambition to roll-out 20mph schemes widely.  Work was underway on the methodology to establish the merits and the costs of adopting a whole town or village approach introducing 20mph speed limits.

Thereafter, the Committee APPROVED the development of 20mph speed limits at the locations listed in Appendices A and B of the report during 2013/14 and 2014/15.

13. Disabled Persons’ Parking Places (Scotland) Act 2009 – Annual
      Report   2012/13
      Achd Àiteachan Parcaidh do Dhaoine air a bheil Ciorram (Alba)
      2009 – Aithisg Bhliadhnail 2012/13

Declarations of Interest:

Mr A Duffy, Mr B Gormley, Mrs A MacLean, Mr K MacLeod and Mr G Phillips declared non-financial interests in this Item on the grounds of family members being in receipt of a Blue Badge, and Mr T MacLennan because he was in receipt of a Blue Badge, 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 TEC-61-13 (23kb pdf) dated 2 August 2013 by the Director of Transport, Environmental and Community Services which invited Members to approve the Council’s Annual Report to the Scottish Government in accordance with the Disabled Persons’ Parking Places (Scotland) Act 2009.

During a brief summary of the report, progress with the preparation of the necessary Road Traffic Orders was outlined, with all being complete or underway for on-street parking bays in Highland.  Work to identify off-street and private disabled parking bays was still ongoing.  The Traffic Orders would enable fines to be issued to anyone using these bays without a Blue Badge.

In response to a question from Members, it was confirmed that no funding had been provided to the Council for this work.

The Committee APPROVED the Council’s Annual Report in relation to the Disabled Persons’ Parking Places (Scotland) Act 2009, as contained in Appendix A of the report.

14. 20mph Speed Limit on High Street and other roads in Fortrose
      Casg Astair 20msu air an Àrd-Shràid agus rathaidean eile sa
      Chananaich

There had been circulated Report No TEC-62-13 (503kb pdf) dated 2 August 2013 by the Director of Transport, Environmental and Community Services which invited Members to approve the Draft Road Traffic Order entitled “The Highland Council (Fortrose and Rosemarkie) (20mph 30mph & 40mph Speed Limit) Order 2013” and the traffic calming measures proposed for Deans Road, Fortrose, to which there had been one objection.

The Committee APPROVED:-

i. the Draft Road Traffic Order entitled “The Highland Council (Fortrose and
   Rosemarkie) (20mph 30mph & 40mph Speed Limit) Order 2013”; and
ii. the traffic calming measures on Deans Road, Fortrose.

The meeting concluded at 2.50 pm.