Committees

A meeting of the Highland Council will be held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 5 September 2013 at 10.35am.

 

 

Webcast Notice: This meeting will be filmed and broadcast over the Internet on the Highland Council website and will be archived and available for viewing for 12 months thereafter.

 

You are invited to attend the meeting and a note of the business to be considered is attached.

 

Yours faithfully,

 

Michelle Morris
Assistant Chief Executive

 

Business

 

1.  Calling of the Roll and Apologies for Absence
A’ Gairm a’ Chlàir agus Leisgeulan

 

2.  Declarations of Interest
Foillseachaidhean Com-pairt

 

Members are asked to consider whether they have an interest to declare in relation to any item on the agenda for this meeting. Any Member making a declaration of interest should indicate whether it is a financial or non-financial interest and include some information on the nature of the interest. Advice may be sought from Officers prior to the meeting taking place.

 

3.  Recess Powers
Cumhachdan Fosaidh

 

Members are asked to note that the recess powers granted by the Council at the meeting on 27 June 2013 did not require to be exercised.

 

4.  Confirmation of Minutes
Daingneachadh a’ Ghearr-chunntais

 

There are submitted for confirmation as a correct record the Minutes of Meeting of the Council held on 27 June 2013 as contained in the Volume which has been circulated separately.

 

5.  Minutes of Meetings of Committees
Gearr-chunntasan Choinneamhan Chomataidhean

 

There are submitted for confirmation as correct records, for information as regards delegated business and for approval as appropriate, the Minutes of Meetings of Committees contained in Volume circulated separately as undernoted:-

 

|Link to Minutes Index|

• City of Inverness Area Committee, 12 August
• Planning, Environment & Development Committee, 14 August
• Transport, Environmental and Community Services Committee, 15 August
• Caithness & Sutherland Area Committee, 19 August
• Adult & Children’s Services Committee, 21 August
• Pensions Committee, 22 August
• Gaelic Implementation Group, 22 August
• Lochaber Area Committeee, 26 August
• Finance, Housing & Resources Committee, 28 August

6.  Highland and Western Isles Valuation Joint Board
Bord Lucachaidh na Gaidhealtachd is nan Eilean Siar

 

There will follow for information Minutes of Meeting of the Highlands and Western Isles Valuation Joint Board held on 4 April 2013.

 

7.  Membership of Committees, etc
Ballrachd air Comataidhean, msaa

 

Members are asked to agree the following –

• Adult and Children’s Services Committee – Ms M Smith to replace Mrs L MacDonald
• Adult and Children’s Services Committee (Substitute) – Mrs G Sinclair to replace Ms M Smith
• North Planning Applications Committee – Mr D Bremner to fill the current vacancy
• Local Negotiating Committee for Teaching Staff – Mr M Green to replace Mr W MacKay.

8.  Question Time
Àm Ceiste

 

The following Questions have been received by the Assistant Chief Executive in terms of Standing Order 42 –

 

(i) Mr J Crawford (19kb pdf)

 

To the Leader of the Council

 

“How many foreign trips has the Political Leader undertaken since his election in May 2012, what was the total cost to the Council (including that of Officials accompanying him) and what value have these visits brought to the Council?’

 

The response is circulated.

 

Mr Crawford will be entitled to ask a supplementary question which will be answered by the Leader of the Council.

 

(ii) Mr A Baxter (11kb pdf)

 

To the Chair of the Transport, Environmental and Community Services Committee

 

“What assessment has been made of the impact of removing ‘No Overnight Parking’ signs from all Highland Council maintained laybys on Transport, Environmental and Community Services and local communities?”

 

The response is circulated.

 

Mr Baxter will be entitled to ask a supplementary question which will be answered by the Chair of the Transport, Environmental and Community Services Committee.

 

9.  Notice of Motion
Brath Glusaid

 

The following Notice of Motion has been received in accordance with Standing Order 10.1 –

 

“This Council resolves to adopt a policy of opposing blacklisting. A number of construction companies have been challenged about supporting the existence of and subscribing to construction industry ‘blacklists’ which detail covertly gathered information on construction trade unionism and employment of history of employees. Blacklisting is an unacceptable practice and cannot be condoned.

 

Trade Unions (notably UNITE, GMB and UCATT) are leading a national campaign aimed at forcing those companies who have been involved in blacklisting to apologise and compensate those who have been affected by it. It is understood that the construction industry blacklist was collated by the Consulting Association (a private consultancy) and was then provided at a cost to construction companies as they sought to recruit/avoid new workers. The Information Commissioner has investigated and taken action against the Consulting Association for this practice. Furthermore, the Information Commissioner has taken enforcement action against a number of construction companies based on the evidence recovered from the Consulting Association.

 

Owing to the concentration of construction activity in and around the Highlands, there is the potential that some of those alleged to have been discriminated against live in the Highland Council area and that this practice has disadvantaged residents working in the building industry. Given the potential impact on residents of the Highlands, the Council resolves to support the Trade Union campaign against blacklisting”.

 

Signed: Dr D Alston, Mr D Hendry, Mr J Gray

 

10.  Local Government Boundary Commission – Review of Wards
Coimisean Chrìochan Riaghaltais Ionadail – Sgrùdadh air Uàrdan

 

There is circulated Report No. HC-30-13 (527kb pdf) dated 21 August 2013 by the Chief Executive which confirms that the Local Government Boundary Commission for Scotland has notified the Council that it expects to start substantive work on the review of Wards in early Autumn 2013.

 

In this regard, the Commission has asked whether the Council might wish to begin taking a view as to whether it is content with the present number of Councillors so that preliminary views can be passed to the Commission as it begins its own consideration.

 

Members are asked to agree that the Council should make no comment on the review at this stage and await the Commission’s proposals which are due later this year. 

 

11.  Inverness West Link – Final Road Layout, Planning Application, CPO Plans And Schedule
Ceangal Inbhir Nis an Iar – Aonta Loidhne Rathaid agus Òrdughan Ceannachd Èigneachail

 

There is circulated Report No. HC-31-13 (573kb pdf) dated 20 August 2013 by the Director of Transport, Environmental and Community Services which provides an update on the outcome of the Inverness West Link Stage 3 Consultation and invites approval of the final road design which will be used for the Inverness West Link planning application and as the basis of the Compulsory Purchase Order.

 

Members will note that the City of Inverness Area Committee considered these proposals at their meeting on 12 August 2013 and have made a recommendation to the Council that the revised layout drawings (as contained in Appendix A) are used for the Inverness West Link planning application and as the basis for a Compulsory Purchase Order for the Scheme (as detailed in Appendix B).

 

In this regard, Appendices A (2704kb pdf) and B (3106kb pdf) are circulated separately.

 

Members are invited to:-

 

(i) approve the layout drawings for the Inverness West Link as contained in
    Appendix A and authorise the making of a Planning Application and a
    Scheduled Monument Consent Application for the Inverness West Link;
(ii) resolve to make a Compulsory Purchase Order to acquire all of the land
    required for the Inverness West Link as detailed in Appendix B and
    authorise the Director of Transport, Environmental and Community Services
    and the Head of Legal & Democratic Services to advertise the Compulsory
    Purchase Order and take all necessary steps to obtain title; and
(iii) authorise the Director of Transport, Environmental and Community
    Services to undertake negotiations through the District Valuer of any claims
    for compensation and costs payable to owners, lessees and occupiers of
    the land required for the Inverness West Link.

 

12.  Carbon Clever Highlands – Carbon Neutral Inverness in a Low Carbon Highlands
Carbon GLIC

 

There is circulated Report No. HC-32-13 (513kb pdf) dated 26 August 2013 by the Chief Executive which provides a summary update on the work which has been conducted so far to implement and realise the vision of a Carbon Neutral Inverness in a Low Carbon Highlands by 2025.

 

Members are asked to note the early progress which is being made on the initiative and that it will transform our current approach to carbon management in scale, pace and ambition.

 

Members are also asked to approve the contribution from balances of £160,000 over three financial years from 2013/14 with approximately 25% in 2013/14, 50% in 2014/15 and 25% in 2015/16. This contribution will support the recruitment of 2 temporary posts in the Chief Executive’s Service Policy Team.

 

13.  EU Activity Update
Gnìomhachd an Aonaidh Eòrpaich o Chionn Ghoirid

 

There is circulated Report No. HC-33-13 (496kb pdf) dated 22 August 2013 by the Chief Executive which provides a brief update on the developments concerning EU regional funding and the activity undertaken by the Council since the update to the meeting on 9 May 2013 and following the Annual EU report which was submitted to the Finance, Housing and Resources Committee on 10 April 2013.

 

The report also highlights the recent announcement regarding EU regional funding for the Highlands & Islands, the process used by the Scottish Government to develop operational programmes to deliver these regional funds, consultations responded to and activity in the wider European arena.

 

The Council is asked to note the content of the report, especially the transition status applied to the region for EU programme support, and that Officers and Members will continue to work to secure the maximum benefit for the Highlands from EU programmes from 2014-2020.

 

14.  Code of Corporate Governance
Còd Ceannardais Chorporra

 

There is circulated Report No. HC-34-13 (527kb pdf) dated 14 August 2013 by the Assistant Chief Executive which provides information on progress with delivering the actions agreed in the Local Code of Corporate Governance for 2012/13 and presents the proposed Code for 2013/14 for approval.

 

Members are asked to note the good progress on delivering the agreed actions in the Code of Corporate Governance for 2012/13.

 

Members are also asked to agree the Code of Corporate Governance for 2013/14.

 

15.  Performance Reports
Aithisgean Dèanadais

 

(i) Corporate Performance Report 2012/13 – Incorporating Statutory Performance Indicators

 

There is circulated Report No. HC-35-13 (959kb pdf) dated 23 August 2013 by the Chief Executive which provides an assessment of Council performance against the Corporate Plan and the Council’s Programme, ‘Working Together for the Highlands’, for the period from 1 April 2012 to 31 March 2013.

 

Members are asked to note the good progress being made with delivery of the Council’s Programme, that a newspaper supplement drawing on this assessment of performance and other performance information will be produced to report performance to the public and that quarterly reporting and areas for improvement for Statutory Performance Indicators will be dealt with through Strategic Committees.

 

Members are also asked to agree the submission to Audit Scotland of the 2012/13 Statutory Performance Indicator report.

 

(ii) Results from the Citizens’ Panel 2013 Performance and Attitudes Survey

 

There is circulated Report No. HC-36-13 (675kb pdf) dated 23 August 2013 by the Chief Executive which provides results from the Citizens’ Panel 2013 Performance and Attitudes Survey.

 

Members are asked to note the key findings and summary report of the feedback from the Citizens’ Panel from the current year’s survey which highlights a strong set of positive results.

 

Members are also asked to agree the follow up action to communicate the results widely and the specific actions set out in Paragraph 3.3 of the report, as well as the actions proposed in Section 5 of the report to continuously improve the survey process.

 

16.  Amendment to Approved Duties – Members
Atharrachadh do Dhleastanasan Aontaichte – Buill

 

There is circulated Joint Report No. HC-37-13 (510kb pdf) dated 23 August 2013 by the Assistant Chief Executive and Director of Finance which confirms that Members have the right to claim expenses when carrying out ‘approved duties’. Recent changes to Committee structures and the introduction of new ways of working have meant that the Council needs to make changes to the list of ‘approved duties’.

 

In this regard, the current list of existing ‘approved duties’ is attached as Appendix A to the report.

 

Members are asked to agree changes to the list of ‘approved changes’ as follows:-

 

(i) Attendance at a meeting of the Council or any of its Committees, whether
    the Councillor is a Member of the Committee or not. However, in the case
    of Planning Application Committees or Area Committees, this will only apply
    to Councillors (with the exception of Office Bearers) within the relevant
    Wards;
(ii) Attendance at a meeting of a Sub Committee of the Council by Members
    of that Sub Committee (or Substitute Members where they are attending
    in place of Substantive Members). Attendance at a meeting of a Working
    Group by Members of that Working Group; and
(iii) Attendance by Office Bearers to Council Offces or establishments where
    the visit is relevant to the Member’s duties. Attendance by other Members
    should be restricted to meeting days or visits where prior appointments
    have been arranged with Officials.

 

17.  Corporate Governance - Local Member Votes
Bhòtaichean nam Ball Ionadail – Comataidhean Dealbhaidh agus Ceadachd

 

There is circulated Joint Report No. HC-38-13 (477kb pdf) dated 24 August 2013 by the Assistant Chief Executive and the Director of Planning & Development which confirms that, at the last meeting of the Council on 27 June 2013, it was agreed to defer consideration of the recommendation to dispense with the ability of Members to use a Local Member Vote on planning and licensing applications and to explore the appropriateness of having a named Substitute from each Ward as an alternative.

 

In this regard, a procedure has been drawn up to allow named Substitutes to be used and this report sets out how such arrangements could be put in place.

 

The Council is asked to agree:-

 

(i) to dispense with the ability for Members to use a Local Member Vote on
    Planning Application Committees with effect from 30 September 2013;
(ii) to amend the Scheme of Delegation to enable the nomination of 1
    Substitute Member from each Ward to act as a Substitute Member for
    each Planning Application Committee; and
(iii) to dispense with the Local Member Vote arrangements for the Licensing
    Committee and the Planning, Environment and Development Committee
    with effect from 30 September 2013.

 

18.  Highland Liquor Licensing Forum
Fòram Ceadachd na Gàidhealtachd

 

There is circulated Report No. HC-39-13 (484kb pdf) dated 2 July 2013 by the Assistant Chief Executive which sets out the establishment of the Highland Liquor Licensing Forum and recommends approval of proposed amendments.

 

Members are asked to note the establishment of the Highland Liquor Licensing Forum which meets at least four times per year in Inverness.

 

Members are also asked to agree:-

 

(i) that authority be delegated to the Head of Legal and Democratic Services
    to appoint and re-appoint Forum members in future whilst taking into
    account the terms of the legislation and the views of the Forum;
(ii) that Forum members should be appointed for a fixed term expiring at the
    next Local Government Election with retiring Forum members being eligible
    for re-appointment;
(iii) that Forum members who attend meetings as residents or as licence
    holders should be entitled to claim travel expenses at the nationally agreed
    rates for Councillors in carrying out their duties as Forum members on the
    understanding that claims will only be met on production of receipts; and
(iv) that authority be delegated to the Head of Legal and Democratic Services
    to work with Forum members to review and revise the Code of Conduct
    for Forum members.

 

19.  Standing Orders Relating to the Conduct of Meetings
Gnath-riaghailtean co-cheangailte ri GiulanChoinneamhan

 

There is circulated Report No. HC-40-13 (465kb pdf) dated 21 August 2013 by the Assistant Chief Executive which outlines amendments to the Council’s Standing Orders as part of the annual review.

 

Annual Review of Standing Orders is a requirement of the Council’s Code of Corporate Governance.

 

The Council is asked to agree the proposed amendments to Standing Orders as detailed on the basis that an amended copy will be circulated to all Members in due course.

 

20.  Scheme of Delegation and Administration to Strategic Committees and Sub Committees and to Officers
Raòn Ùghdarrais agus Rianachd gu Comataidhean Ro-innleachdail agus Fo-chomataidhean agus gu Oifigearan

 

There is circulated Report No. HC-41-13 (40kb pdf) dated 23 August 2013 by the Assistant Chief Executive which outlines amendments to the Scheme of Delegation and Administration to Strategic Committees and Sub Committees and to Officers.

 

Annual Review of the Scheme of Delegation is a requirement of the Council’s Code of Corporate Governance.

 

The Council is asked to agree the proposed amendments to the Scheme of Delegation as detailed on the basis that an amended copy will be circulated to all Members in due course.

 

21.  Deeds Executed
Sgriobhainnean Lagha a Bhuilicheadh

 

Members are asked to note that a list of deeds (32kb pdf) and other documents executed on behalf of the Council since the meeting held on 27 June 2013 is available in the Members’ Library and on the Council’s Website.