Agendas, reports and minutes

Minutes of Meeting of the Highland Council held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 19 December 2013 at 10.05 am.

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

Present:

Dr D Alston, Mr R Balfour, Mr A Baxter, Mr D Bremner, Mr I Brown, Mrs C Caddick, Mrs I Campbell, Miss J Campbell, Mrs H Carmichael, Mr A Christie, Mr B Clark, Dr I Cockburn, Mrs G Coghill, Mr J Crawford, Mrs M Davidson, Mr N Donald, Ms J Douglas, Mr A Duffy, Mr D Fallows, Mr G Farlow, Mr B Fernie, Mr M Finlayson, Mr J Ford, Mr C Fraser, Mr L Fraser, Mr H Fraser, Mr K Gowans, Mr A Graham, Mr J Gray, Mr M Green, Mr R Greene, Mr A Henderson, Mr D Hendry, Mr D Kerr, Mr R Laird, Mr B Lobban, Mr C Macaulay, Mrs L MacDonald, Mr J McGillivray, Mrs D Mackay, Mr D Mackay, Mr W MacKay, Mr G MacKenzie, Mr A Mackinnon, Ms A MacLean, Mr T MacLennan, Mr K MacLeod, Mrs B McAllister, Mr D Millar, Mr H Morrison, Ms L Munro, Mr B Murphy, Mr F Parr, Mrs M Paterson, Mr G Phillips, Mr T Prag, Mr M Rattray, Mr M Reiss, Mr I Renwick, Mr A Rhind, Mr G Rimell, Mr G Ross, Ms G Ross, Mr R Saxon, Dr A Sinclair, Mrs G Sinclair, Mrs J Slater, Ms M Smith, Ms K Stephen, Mr J Stone, Mrs C Wilson, Mr H Wood

In Attendance:

Chief Executive
Depute Chief Executive
Director of Education, Culture and Sport
Director of Planning and Development Director of TEC Services
Director of Health and Social Care
Director of Finance
Interim Director of Housing and Property
Corporate Manager

Mr J Gray in the Chair

Apologies for absence were intimated on behalf of Mr J Gordon, Mr B Gormley, Mr E Hunter, Mr N MacDonald, Mrs I McCallum, Mrs F Robertson and Mr J Rosie.

Preliminaries

Prior to the commencement of the formal business, it was confirmed that Mr Neil Gillies, Director of TEC Services, was to retire on 31 January 2014. In this regard, Mr Gillies was commended for his outstanding commitment and significant contribution to the work of the Council across the Highland area over many years. Mr Gillies responded accordingly.

It was also AGREED that, following a request from the signatories, the Notice of Motion in relation to Adult Community Care Services (listed at Item 10 on the agenda for the meeting) should be WITHDRAWN.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

The Council NOTED the following declarations of interest:–

Item 10 - Mr B Murphy (financial)
Item 11 - Ms J Douglas (non-financial)
Item 18 – Mr J Stone (non-financial)
Item 24 - Ms J Douglas, Mr K Gowans, Mr D Millar and Mr F Parr (all non-financial)

Dr D Alston declared a non-financial interest in any items which might arise during discussion in regard to NHS Highland on the grounds of being a Board Member but, in terms of the dispensation granted by the Standards Commission, confirmed that he would remain to participate in discussion.

Also, and in terms of the general dispensation granted by the Standards Commission, Mr D Kerr declared a financial interest in any items which might arise during discussion in regard to Council housing on the grounds of being a Council House tenant.

3. By-Elections – Ward 4 (Landward Caithness) and Ward 10 (Black Isle)
Fo-thaghadh – Uàrd 4 (Gallaibh gu Tìr) and Uard 10 (An t-Eilean Dubh)

It was NOTED that, following the By-Election held on 28 November 2013, Mr Matthew Reiss, Langland House, Hill of Forss, Thurso, had been elected as the Member for Ward 4 (Landward Caithness). In this regard, Mr Reiss was formally welcomed to his first meeting of the full Council.

It was further NOTED that the By-Election for Ward 10 (Black Isle) was currently underway.

4. Confirmation of Minutes
Daingneachadh a’ Ghearr-chunntais

There had been submitted for confirmation as a correct record the Minutes of Meeting of the Council held on 24 October 2013 as contained in the Volume which had been circulated separately – which were APPROVED.

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

There had been 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|

• Planning, Environment and Development Committee, 6 November
• Transport, Environmental and Community Services Committee, 7 November
• Adult and Children’s Services Committee, 13 November
• Pensions Committee, 14 November
• Gaelic Implementation Group, 14 November
• Caithness and Sutherland Area Committee, 18 November
• Audit and Scrutiny Committee, 20 November
• Lochaber Area Committee, 25 November
• Finance, Housing and Resources Committee, 27 November
• Nairn and Badenoch and Strathspey Area Committee, 3 December
• Community Safety, Public Engagement and Equalities Committee, 5 December
• City of Inverness Area Committee, 9 December
• Skye, Ross and Cromarty Area Committee, 11 December

The Minutes, having been moved and seconded were, except as undernoted, APPROVED – matters arising having been dealt with as follows :–

Transport, Environmental and Community Services Committee, 7 November

*Starred Item* Page 665, Item 8: Appointment of Public Analyst, Food Examiner and Agriculture Analyst

It was AGREED that the Scheme of Delegation should be amended to delegate powers to appoint under Section 27 of the Food Safety Act 1990 to the Environmental Health Manager and powers to appoint under Section 67 of the Agriculture Act 1970 to the Trading Standards Manager.

Community Safety, Public Engagement and Equalities Committee, 5 December

Page 10, Item 8, Police Scotland Consultations – Council Responses

It was AGREED that clarification should be obtained on Police Scotland proposals in relation to Public Counter services at Glencoe Police Station and that the Minute should be amended if necessary.

City of Inverness Area Committee, 9 December

*Starred Item* Page 24, Item 7, Inverness and Loch Ness Tourism Business Improvement District

It was AGREED to support the creation of the Inverness and Loch Ness Tourism Business Improvement District.

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

There had been circulated for information Minutes of Meeting of the Highlands and Western Isles Valuation Joint Board held on 29 August 2013 – which were NOTED.

7. Recruitment Panel – Role of Depute Chief Executive
Pannal Fastaidh – Dreuchd Ard-Oifigeir

There had been circulated for information Minutes of Meeting of the Recruitment Panel for the role of Depute Chief Executive held on Tuesday, 19 November 2013 (916kb pdf) – which were NOTED.

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

It was NOTED that, following the result of the By-Election for Ward 4 (Caithness), the political make-up of the Council was now as follows:-

Ind (33) SNP (21) Lib Dem (14) Lab (8) Ind Nat (1) Non Aligned (2)

It was further NOTED that the formula in respect of the number of places on Strategic Committees remained at 9/6/4/3.

The Council AGREED the following changes to membership of Committees –

• Adult and Children’s Services Committee (Substitute) – Mr C Macaulay to replace Mrs G Sinclair
• Transport, Environmental and Community Services Committee - Mrs G Coghill to fill the current vacancy
• Community Safety, Public Engagement and Equalities Committee – Mr M Reiss to replace Ms J Douglas
• North Planning Applications Committee - Substantive Member – Mrs G Coghill
• Board of Eden Court Highlands – Mr K Gowans to replace Mrs G Sinclair
• Board of Eden Court Highlands – Ms J Slater to replace Mr A MacLeod
• Dounreay Stakeholders Group – Mr M Reiss to fill the current vacancy

Planning Application Committees – Substitute Members

The Council NOTED the List of Substitute Members (914kb pdf) for the Planning Application Committees following notification from the respective Wards as follows:-

North Planning Applications Committee

Mr H Morrison (Ward 1)
Mr R Saxon (Ward 2)
Mr N MacDonald (Ward 3)
Mr W Mackay (Ward 4)
Mr J McGillivray (Ward 5)
Mr R Greene (Ward 6)
Mr M Rattray (Ward 7)
Mr J Stone (Ward 8)
Mr A MacKinnon (Ward 9)
Dr D Alston (Ward 10)
Mr H Fraser (Ward 11)

South Planning Applications Committee

No Substitute (Ward 12)
Mrs H Carmichael (Ward 13)
No Substitute (Ward 14)
No Substitute (Ward 15)
Mr N Donald (Ward 16)
Mr I Brown (Ward 17)
Mrs K Stephen (Ward 18)
Mr L Fraser (Ward 19)
Mrs C Caddick (Ward 20)
Mr G Rimell (Ward 21)
Mr B Murphy (Ward 22)

Highland Licensing Committee and Highland Licensing Board

It was NOTED that Mr R Laird had confirmed his resignation from both the Highland Licensing Committee and the Highland Licensing Board with immediate effect. On that basis, nominations had been sought from the Inverness, Nairn, Badenoch & Strathspey area for the vacant place on the Licensing Committee and had been received as follows:-

Mrs G Sinclair

There being no other nominations, the Council AGREED to appoint Mrs G Sinclair to the Highland Licensing Committee.

It was also AGREED to appoint Mrs G Sinclair to the Highland Licensing Board.

9. Question Time
Àm Ceiste

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

(i) Mr A Baxter (15kb pdf)

To the Chair of the Finance, Housing and Resources Committee

“What is the Council’s policy for the routine outdoor maintenance of communal and other public areas on estates under the responsibility of Housing and Property Services?”

The response had been circulated.

In terms of a supplementary question, and in view of the fact that residents were finding it difficult to access routine maintenance, such as weed killing and drain clearing on housing estate land, and having been advised that this was no longer being undertaken due to a lack of funding, Mr Baxter requested clarification as to whether this was a local decision or a Highland-wide policy and whether the issue could be investigated with a further report back to Members in due course.

In response, the Chair of the Finance, Housing and Resources Committee confirmed that this would be followed up.

(ii) Mr A Baxter (15kb pdf)

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

“What are the terms of reference for the social and economic impact study of fare prices on the Corran Ferry, as agreed at the Transport, Environmental and Community Services Committee meeting on 19 September 2013, and what is the timetable for completion and subsequent publication of this study?”

The response had been circulated.

In terms of a supplementary question, clarification was sought on what the approach would be if the study found that the recent Corran Ferry fare increases and the future increases planned in the following year’s budget were beginning to have a detrimental impact on fragile and remote rural local communities.

In response, the Chair of the Transport, Environmental and Community Services Committee advised that it was important to await the results of the study before any further comment was made on this issue. The original response to the Question had been drafted in early October (and prior to the Meetings Timetable for 2014 being set) and in this regard it could now be confirmed that the draft report would be submitted to the Transport, Environmental and Community Services Committee and thereafter to the Lochaber Area Committee and the Community Services Committee.

(iii) Mrs M Davidson (18kb pdf)

To the Leader of the Council

“Many of us are hearing concerns from our constituents about the lack of progress by NHS Highland building up homecare and other services in our communities.

We believe that we must have increased accountability and scrutiny of adult services and ask for an immediate review of governance arrangements by a cross-party group with a report back to the next Highland Council meeting”.

The response had been circulated.

There was no supplementary question.

(iv) Mr M Green (41kb pdf)

To the Chair of the Planning, Environment and Development Committee

“Following on from the report to Scottish Government from the Town Centre Advisory Group and the Scottish Government response, how will the Administration respond to the recommendations?”

The response had been circulated.

In terms of a supplementary question, Mr M Green queried as to how, following the Malcolm Fraser report to the Scottish Government and the speedy and proactive response from the Scottish Government, the Administration would respond to the report’s recommendations.

In response, the Chair of the Planning, Environment and Development Committee confirmed that, in addition to this original response, Item 15 on the Council agenda now provided further information in regard to Town Centre Regeneration. Also, a recent application to the Scottish Government for funding for Charrette events in Nairn, Tain and Fort William had been successful and in this regard £15k had been received for the purpose of identifying actions and proposals for delivering town centre regeneration.

(v) Miss J Campbell (34kb pdf)

To the Leader of the Council

“Following the letter we received from Chief Superintendent Julian Innes on October 1st 2013 advising that Police Scotland is proposing to withdraw the role of traffic wardens across the Highland Council area, can the Administration confirm what plans are in place to ensure the continuance of this crucial service?”

The response had been circulated.

In terms of a supplementary question, Miss J Campbell queried as to whether the Leader of the Council could write to Police Scotland to request that Traffic Wardens be restored to the Highland Council area until such time as an alternative arrangement could be put in place. Also, whether the Leader could write to the Scottish Government to request that they intervene in this issue.

In response, the Leader of the Council confirmed that, in relation to civilian staff, the pressures on Police Scotland were well documented. In this regard, it was pleasing to see that the number of Police Officers in Highland were now higher than in previous years and whilst it was considered that the Highlands would benefit from this increase, he undertook to take up any issues with Police Scotland if and when they arose.

In terms of Traffic Wardens, he confirmed that an update had been provided for the Community Safety, Public Engagement and Equalities Committee at the meeting on 15 December. In addition, a letter had been received from the Deputy Chief Constable which had re-affirmed the date of 3 February 2014 when the supply of Traffic Wardens would cease and the Council had responded accordingly. The matter had also been raised nationally through CoSLA and it had been made clear to Police Scotland that it was expected that they would maintain the enforcement of traffic offences. In this regard, assurances had been received that traffic violations would continue to be dealt with and an update would be provided in due course.

Decision

The Council NOTED the position.

10. Notices of Motion
Brath Glusaid

Declaration of Interest - Mr B Murphy declared a financial interest in the second Notice of Motion on the grounds of being a provider of temporary accommodation and confirmed that he would leave the Chamber during discussion of this item. 

The following Notices of Motion had been received in accordance with Standing Order 10.1 –

“Highland Council condemns the Government of Israel for its continuing illegal occupation of Palestine’s East Jerusalem and the West Bank and for its continuing illegal blockade of Gaza.

Highland Council welcomes the decision of the United Nations on 29 November 2012 to grant ‘non-member observer State’ to Palestine.

However, for the people of Palestine, the suffering of the last 64 years continues as the Government of Israel continues to ignore and breach international law.

Just as individual sanctions against apartheid in South Africa led ultimately to its demise there, so individual and collective sanctions against the State of Israel will end apartheid and suffering in Palestine.

Highland Council therefore resolves to resist, insofar as legislative considerations permit, any action that gives political or economic support to the State of Israel”.

Signed: Mr D Kerr, Mr A Baxter

During discussion, Members raised the following issues:-

• the terms of this Notice had already received the support of other Scottish Local Authorities in Scotland, the STUC and the Church of Scotland; 
• it was clear that many people in the affected areas were suffering and whatever the Council could do to alleviate this situation should be supported;
• it would have been useful to receive information on how practical the proposed boycott would be for the Council in that the proposed Notice did not present full information on which to reach a decision;
• there was a complex historical background to this issue which incorporated many different views and it had to be recognised that there were other parts of the world where civilians were also suffering under extreme conditions;
• it was unclear what the Council was actually being asked to do and as such the Notice was considered to be too vague to be of any practical interpretation; and
• the first two paragraphs of the Notice could be supported but on the grounds that there was no clear detail on what the boycott might mean in practice, the rest of the Notice could not be supported. 

Thereafter, Mr D Kerr, seconded by Mr A Baxter, MOVED the terms of the Notice of Motion as detailed on the basis that the Council should resist, insofar as legislative considerations permitted, any action that would give political or economic support to the State of Israel. 

As a FIRST AMENDMENT, Dr A Alston, seconded by Mr D Fallows, moved that the Council should agree to support the first two paragraphs of the Notice of Motion as detailed on the agenda.

As a SECOND AMENDMENT, Mr M Finlayson, seconded by Mr A Rhind, moved that the Council should not accept the Notice of Motion on the grounds of there not being enough balanced information on which to make a proper decision.

On a vote between the FIRST AMENDMENT and the SECOND AMENDMENT, the FIRST AMENDMENT received 29 votes and the SECOND AMENDMENT received 25 votes, with 12 abstentions, the votes having been cast as follows –

For the First Amendment:

Alston, D; Baxter, A; Brown, I; Clark, B; Cockburn, I; Crawford, J; Duffy, A; Fallows, D; Farlow, G; Fernie, B; Ford, J; Fraser, C; Gowans, K; Gray, J; Hendry, D; Laird, R; Macaulay, C; Mackay, D (W5); MacKenzie, G; MacLennan, T; MacLeod, K; McAllister, E; Murphy, B; Parr, F; Renwick, I; Ross, G (W3); Saxon, R; Slater, J; Smith, M

For the Second Amendment:

Balfour, R; Campbell, I; Campbell, J; Carmichael, H; Coghill, G; Davidson, M; Donald, N; Finlayson, M; Fraser, H; Fraser, L; Graham, A; Green, M; Greene, R; Henderson, A; Mackay, D (W2); MacKay, W; Mackinnon, A; Morrison, H; Paterson, M; Phillips, G; Reiss, M; Rhind, A; Ross, G (Wl4); Sinclair, A; Wood, H

Abstentions:

Caddick, C; Christie, A; Douglas, J; Kerr, D; Lobban, B; MacDonald, L; MacLean, A; Munro, L; Rattray, M; Sinclair, G; Stephen, K; Stone, J

In a further vote between the FIRST AMENDMENT and the MOTION, the MOTION received 14 votes and the FIRST AMENDMENT received 21 votes, with 30 abstentions, and the FIRST AMENDMENT was therefore CARRIED, the votes having been cast as follows –

For the Motion:

Balfour, R; Baxter, A; Christie, A; Clark, B; Crawford, J; Ford, J; Gray, J; Kerr, D; Lobban, B; MacLennan, T; MacLeod, K; Morrison, H; Murphy, B; Parr, F

For the First Amendment:

Alston, D; Brown, I; Cockburn, I; Davidson, M; Duffy, A; Fallows, D; Farlow, G; Fernie, B; Fraser, C; Gowans, K; Hendry, D; Laird, R; Macaulay, C; Mackay, D (W5); McAllister, E; Renwick, I; Ross, G (W3); Saxon, R; Slater, J; Smith, M; Wood, H

Abstentions:

Caddick, C; Campbell, I; Campbell, J; Carmichael, H; Coghill, G; Donald, N; Douglas, J; Finlayson, M; Fraser, H; Fraser, L; Graham, A; Green, M; Greene, R; Henderson, A; MacDonald, L; Mackay, D (W2); MacKenzie, G; Mackinnon, A; MacLean, A; Munro, L; Paterson, M; Phillips, G; Rattray, M; Reiss, M; Rhind, A; Ross, G (W14); Sinclair, A; Sinclair G; Stephen, K ; Stone, J

Decision

The Council AGREED to support the first two paragraphs of the Notice of Motion as detailed on the agenda as detailed.

Notice of Motion

“The Independent Group asks that the Highland Council reviews the level of rent charged in our temporary accommodation.

Currently those who work and are on low wages and need temporary accommodation are severely penalised and many are pushed into debt”.

Signed: Mrs M Davidson, Mrs M Paterson

During discussion, Members raised the following issues:-

• the costs of temporary accommodation had a significant impact on people who were vulnerable and experiencing great difficulties and there was a significant impact in particular on working couples on low wages;
• recently published information confirmed that the poorest in society were those who were actually in employment;
• the Council’s Homelessness Prevention team should be commended on the work undertaken in this regard;
• it was acknowledged that not pursuing full cost recovery would impact on the General Fund but it was hoped that a decision could be taken based on a review that could quantify the costs involved, assess the numbers of people affected and trends over the past couple of years;
• providing unfurnished accommodation to lessen the financial burden in certain instances should be considered;
• there was a concern was that charges for temporary accommodation ultimately contributed to a disincentive to work;
• efforts had been made to reduce the numbers of homeless people in the Highlands and in a national context it was considered that the Council was performing well; 
• further initiatives had been undertaken in relation to new-builds for temporary accommodation and this was fundamentally the right way forward;
• if possible, additional information should be made available to allow further discussion to be undertaken at a future meeting of the Finance, Housing and Resources Committee; and
• it would be helpful if the terms of the Notice of Motion could be amended to allow a focus on the issues of most importance and to stress that the Council should continue to seek to reduce the numbers of homeless people, build or acquire property on its own account for use as temporary homeless accommodation (this being the least cost option for tenants) and keep the level of rents and associated costs under continuous review (alongside other options to assist homeless people).

Decision

The Council AGREED to continue to seek to reduce the numbers of people who found themselves homeless, build or acquire property on its own account for use as temporary homeless accommodation (this being the least cost option for tenants) and keep the level of rents and associated costs under continuous review (alongside other options to assist homeless people). 

It was also AGREED that information currently available should be reported to a future meeting of the Finance, Housing and Resources Committee and that any review should focus on and find solutions for those tenants in temporary accommodation who were struggling with rent levels and who were currently in employment, as well as addressing the other issues which had been raised during the debate.

Notice of Motion

“The Highland Council recognises the constraints placed by the Gambling Act 2005 on the discretion of licensing authorities to refuse gaming and betting applications. The Council believes these constraints, on occasion, to be detrimental to the ability of licensing authorities to make decisions in the best interests of their communities.

The Council therefore resolves to make representations to the UK Government requesting that it amend the 2005 Act to reintroduce overprovision as grounds to refuse an application and to permit limits on the number and type of gaming machines permitted in a premises or area”.

Signed: Mr R Laird, Ms M Smith, Mr R Greene, Mr D Millar, Mr A Duffy, Mrs L MacDonald, Mr W MacKay, Dr I Cockburn

During discussion, Members raised the following issues:-

• an application for licensed betting premises in the Merkinch area of Inverness had recently been the subject of objections from the Community Council and local residents which had focused on the over provision of licensed betting premises in the area and the site of the proposed premises which was directly opposite a social enterprise company dealing with addictions. In this regard, the application had been rejected by the Highland Licensing Board but had subsequently been overturned following an appeal by the applicant. It had also emerged that it had been considered that the objections from the community did not represent material considerations and that they could only object to such a facility once in operation and actually creating problems which demonstrated a significant flaw in the licensing system;
• the prevalence of fixed odds betting terminals was highly significant in encouraging people to place high bets and lose money quickly;
• there was a need to review legislation to empower communities to have a stronger control over the number of betting shops in their area; and
• the relevance and value of local knowledge should be recognised when such applications were determined.

Decision

The Council AGREED to make representations to the UK Government requesting that it amend the 2005 Act to reintroduce overprovision as grounds to refuse an application and to permit limits on the number and type of gaming machines permitted in a premises or area.

Notice of Motion

“That this Council agrees to the setting up of a cross-party Group to allow Members to examine all aspects of the current planning process and how it operates within the Highland area”.

Signed: Mr J Crawford, Mr M Green, Mrs H Carmichael, Mrs M Paterson, Mr R Balfour, Mr D Kerr

During discussion, Members raised the following issues:-

• this Notice of Motion reflected community concerns that they had lost confidence in the planning system and in this regard it was suggested that a cross-party group should be established to look at all aspects of the planning system and bring back a report to the Council;
• reference was made to a proposed housing development between Inverness and Nairn and it was suggested that communities now felt that they were being swamped with housing provision and their concerns for appropriate infrastructure were not being taken on board;
• an offer to meet with the Director and Chair of the Planning and Development Committee had been received but it was felt that the setting up of a cross-party group to address various concerns in regard to the planning system would be more effective;
• it had to be recognised that many of the planning processes were laid down by statute which included statutory consultation; 
• there was a need to take account of the fact that the Highlands represented the second busiest planning area in the country with the biggest land mass and had been leading the way in collaborative work, customer engagement and efficiency in decision-making;
• significant use had been made of information technology to improve public access to meetings and to observe due processes being carried out;
• there was a need to encourage further Member involvement in the Local Plan development process; and
• enhanced community and Member involvement at the time of setting policy might help to allay concerns although it was recognised that there would always be decisions which would be seen as controversial. 

Thereafter, Mr J Crawford, seconded by Mr D Kerr, MOVED that the Council agree to the setting up of a cross-party Group to allow Members to examine all aspects of the current planning process and how it operates within the Highland area.

As an AMENDMENT, Mr T Prag, seconded by Mr G Farlow, moved that the Council recognise the importance of the Planning functions to communities and businesses in the Highlands, welcome the continued strong performance of the Planning Service as measured against national benchmarks and continue to follow best practice and discuss issues in public at the appropriate Strategic Committee.

On a vote being taken, the MOTION received 29 votes and the AMENDMENT received 36 votes, with 2 abstentions, and the AMENDMENT was therefore CARRIED, the votes having been cast as follows –

For the Motion:

Balfour, R; Baxter, A; Campbell, I; Campbell, J; Carmichael, H; Coghill, G; Crawford, J; Davidson, M; Donald, N; Douglas, J; Fernie, B; Finlayson, M; Fraser, H; Fraser, L; Green, M; Greene, R; Henderson, A; Kerr, D; Mackay, D (W2); MacKay, W; Mackinnon, A; MacLennan, T; Morrison, H; Paterson, M; Reiss, M; Rhind, A; Ross, G (W14); Sinclair, A; Wilson, C

For the Amendment:

Alston, D; Brown, I; Caddick, C; Christie, A; Clark, B; Cockburn, I; Duffy, A; Fallows, D; Farlow, G; Fraser, C; Gowans, K; Graham, A; Gray, J; Hendry, D; Laird, R; Lobban, B; Macaulay, C; MacDonald, L; Mackay, D (W5); MacKenzie, G; McAllister, E; Millar, D; Murphy, B; Parr, F; Phillips, G; Prag, T; Rattray, M; Renwick, I; Rimell, G; Ross, G (W3); Saxon, R; Sinclair, G; Slater, J; Smith, M; Stephen, K; Wood, H

Abstentions:

Bremner, D; MacLeod, K

Decision

The Council AGREED to recognise the importance of the Planning functions to communities and businesses in the Highlands, welcome the continued strong performance of the Planning Service as measured against national benchmarks and continue to follow best practice and discuss issues in public at the appropriate Strategic Committee.

11.  Revenue Budget and Council Tax 2014/15
Buidseat Teachd-a-steach agus Cìs Comhairle 2014/15

Declaration of Interest - Ms J Douglas declared a non-financial interest in this item on the grounds of being a Director of High Life Highland Ltd, the Partnership for Wellbeing and the Girl Guiding Association and also as an Advisor to the Board of Grantown YMCA but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that her interests did not preclude her involvement in the discussion and voting (on the basis that she would leave the room should there be any detailed discussion on the specific items in which she had declared an interest).

At this point, it was clarified that declarations of interest were only required in relation to the issues identified in the report which had been submitted for the meeting and not in relation to previous issues/reports for which Members had already made the appropriate declarations. 

There had been circulated Report No. HC-52-13 (1000kb pdf) dated 10 December 2013 by the Director of Finance which set out the budget proposals to address the residual £3.6m budget gap for 2014/15 to allow the Council to agree the Revenue Budget and Council Tax for that year.

During a summary of the report, it was confirmed that, on 7 February 2013, the Council had agreed the Revenue Budget for 2013/14 and a savings package for two years totalling c£24m (including savings proposals totalling £12.148m to largely address the estimated budget gap for 2014/15). Also, and as reported on 27 June 2013, a number of adjustments to the 2014/15 budget estimates had been made, resulting in a budget gap of £3.6m.  In this regard, the Senior Management Team had reviewed budget estimates for 2014/15 and had identified a number of further budget proposals and adjustments. In addition, over-achievement of existing budget targets had allowed upward revision of some income and savings targets and in this connection a range of adjustments had been proposed to address the residual budget gap for 2014/15 without the need to seek further Service reductions. 

It was noted that budgeting was a year-round activity and whilst the three-year rolling budget approach had previously served the Council well, it was considered that the new financial challenges would benefit from a new approach based on outcomes and strategic priorities. As such, the financial outlook up to 2018/19 would remain very challenging with forecasts of a budget gap of £80m overall, or £20m per annum and in this regard a timetable and process had been outlined.  Details were also provided of the review areas which had been identified to date and to which it was expected others would be added. Delivering savings for the longer term would be the subject of consideration over the following 12 month period, with a final decision on budget savings and the longer term financial plan expected in December 2014.

A further report would be submitted to the next meeting of the full Council in March which would detail further adjustments to the budget for 2014/15 and provide an update on progress on meeting the challenges for future years.

During discussion, Members raised the following issues:-

• the balanced budget for 2014/15 which had been presented was the result of prudent decisions made in February 2013 and sound financial planning to ensure a relatively small budget gap to be addressed and was supported by the Scottish Government’s decision to protect the settlement to Scottish Local Authorities;
• a careful and exhaustive examination of balances and contingencies and a re-examination of assumptions had enabled the budget gap to be fully closed;
• Council Tax levels would be frozen for the seventh successive year and this was welcomed, particularly in the current financial climate;
• it was inevitable that there were some risks and these had been covered fully in the report;
• the action to be undertaken prior to the next scheduled Council meeting in March was welcomed, including the monitoring of identified or emerging risks; examination of the use of balances to establish the most sensible approach and continued examination of savings, income generation and efficiencies;
• the holistic cross-Service approach, coupled with a restructuring of Services, was vital in terms of identifying efficiencies for the future;
• there was a need for a re-evaluation of projections for future years (and within the coming year) and the development of an updated 5 year plan in order to provide re-assurance and certainty;
• Officers should be commended for suggesting areas where future savings could be made;
• the fact that the budget proposal for the financial year 2014/15 did not impact negatively on key front line services was welcomed;
• in view of the proposals within the report, there should be no requirement for a Special Council meeting to be convened in February;
• a radical review of all budget lines and the need for an innovative approach in future was stressed if further savings were to be found;
• there was some concern that the budget proposals had not been made available to all Members of the Council prior to distribution of the agenda papers for the meeting which suggested that it had only very recently been finalised and it was also a concern that Trade Unions had been in receipt of information before Opposition Members of the Council;
• it would have been helpful if background papers which detailed pressures and balances had been provided as in previous years, particularly in view of the budget gap which required to be closed over the next three years;
• the length of the school day had been identified in the list of options for further consideration and this was concerning as the Administration had previously advised that this would not be reconsidered;  
• specific details of when the public would be consulted and how that consultation would be undertaken would have been helpful;
• it was hoped that the budget could be balanced in such a way as to limit and impingement on services to the public;
• further information was required in relation to how the additional Scottish Government funding in regard to welfare reform was to be used;
• there was a need for clarity on where income could be generated; 
• the proposal to remove the remaining budget contingency for adult care services was concerning as this was a complex area with significant implications. Further clarification was also required in terms of the funding for NHS Highland and also how it was intended to track the funding through and outcomes based assessment; and
• it was suggested that consideration of the budget should be deferred until February 2014 to allow full information and further details of the financial settlement from NHS Highland to be brought forward.

Following further discussion, Mr D Fallows, seconded by Dr D Alston, MOVED that the Council should agree the recommendations as detailed in the report.

As an AMENDMENT, Mrs M Davidson, seconded by Mrs C Wilson, moved that the Council should defer final consideration of the budget until 13 February 2014 to allow full information and information on the financial settlement from NHS Highland to be brought forward.

On a vote being taken, the MOTION received 40 votes and the AMENDMENT received 27 votes and the MOTION was therefore CARRIED - the votes having been cast as follows:-

For the Motion:

Alston, D; Baxter, A; Brown, I; Caddick, C; Christie, A; Clark, B; Cockburn, I; Duffy, A; Fallows, D; Farlow, G; Ford, J; Fraser, C; Gowans, K; Gray, J; Hendry, D; Laird, R; Lobban, B; Macaulay, C; MacDonald, L; Mackay, D (W5); MacKenzie, G; MacLean, A; MacLeod, K; Millar, D; Munro, L; Murphy, B; Parr, F; Phillips, G; Prag, T; Rattray, M; Renwick, I; Rimell, G; Ross, G (W3); Saxon, R; Sinclair, G; Slater, J; Smith, M; Stephen, K; Stone, J; Wood, H

For the Amendment:

Balfour, R; Campbell, I; Campbell, J; Carmichael, H; Coghill, G; Crawford, J; Davidson, M; Donald, N; Douglas, J; Fernie, B; Finlayson, M; Fraser, H; Fraser, L; Green, M; Greene, R; Henderson, A; Kerr, D; Mackay, D (W2); MacKay, W; Mackinnon, A; MacLennan, T; Morrison, H; Paterson, M; Reiss, M; Rhind, A; Sinclair, A; Wilson, C

There were no abstentions.

Decision

The Council:-

(a) AGREED the further proposals set out at Paragraph 3.1 within the report
     to balance the budget for 2014/15;
(b) AGREED the Revenue Budget for 2014/15 totalling £563.697m and as
     summarised in Annex 1;
(c) AGREED a Council Tax freeze for 2014/15 with the Band D tax for the
     year being £1,163;
(d) NOTED future proposals relating to Council Tax on long term empty
     properties would be considered as part of the 2015/16 budget decision in
     December 2014; and
(e) AGREED that the Housing Revenue Account Estimates for 2014/15,
     including rents for houses, garages and other charges, should be formally
     agreed by the Finance, Housing and Resources Committee in January 2014
     (with no  further reference to the full Council) and the Scheme of
     Delegation amended accordingly.