Agendas, reports and minutes

17.  Consultation on Changes to Bus Registration in Scotland
Co-chomhairle mu Atharrachaidhean do Chlàradh Sheirbheisean Bus ann an Alba

There had been circulated Report No COM/43/14 dated 24 October 2014 by the Director of Community Services which outlined a consultation paper issued by Transport Scotland and the Council’s response to it.

Transport Scotland’s consultation proposed a number of changes to the process of bus service registration, namely, increasing the prior notification period to Local Authorities; requiring operators to consult Local Authorities about registrations they proposed to submit; reducing the registration period; and encouraging Local Authorities to draw concerns about new bus service registrations to the attention of the Traffic Commissioner or Transport Scotland.    The draft response generally supported these proposals and was consistent with the HiTRANS and the Association of Transport Co-ordinating Officers responses.

During discussion, Members commented as follows:-  

• in relation to Question 1 on the proposal to extend the pre-registration period, a key requirement was early stage consultation;
• there were concerns regarding the lack of powers afforded to the Traffic Commissioner and it was requested that the response to Question 3 should be strengthened to suggest that not only authorities draw potential concerns about new registrations to the attention of the Traffic Commissioner but that the Commissioner should also be given power to refuse a registration going ahead unless effective consultation had taken place with the travelling public.  This suggestion had been prompted by recent instances of bus companies in Lochaber having changed registration without consultation with the travelling public; and
• on a general matter, it was considered that representations should be made to Government to reintroduce the regulation of bus services so as to provide the scope to cross-subsidise and thereby create financial savings for the Council.  

The Committee APPROVED the response for submission to Transport Scotland subject to strengthening the response to Question 3 seeking additional powers to be afforded to the Traffic Commissioner to refuse a registration going ahead unless effective consultation had taken place with the travelling public.  

18.  The Road Works (Inspection Fees) (Scotland) Regulations 2015 – Consultation Response
Riaghailtean Obair Rathaid (Cìsean Sgrùdaidh) (Alba) 2015 – Freagairt Cho-chomhairle 

There had been circulated Report No COM/44/14 dated 24 October 2014 by the Director of Community Services which sought homologation of the Council’s response to the Scottish Government’s consultation on The Roads Works (Inspection Fees) (Scotland) Regulations 2015 as contained in Appendix A of the report.

The purpose of the consultation was to determine the level of fee inspection that a Roads Authority would charge for inspections of works in the public road.  Historically, a single fee had been applied for the whole of Scotland but, for the more rural areas, this had tended to be an under recovery of costs.  As a closing date for responses had been set for 3 November, a response in the interim had been submitted stating that the Council’s preferred option would be for the introduction of a separate fee for rural authorities taking cognisance of higher travelling costs.

During discussion, Members emphasised the importance if, in future, the fee could be set at a level that would cover the cost of inspection, reinstatement and journey times.

The Committee HOMOLOGATED the Council’s response to the Scottish Governments consultation on The Roads Works (Inspection Fees) (Scotland) Regulations 2015.

19.  Internal Audit - Business Continuity Planning Arrangements
In-sgrùdadh – Ullachaidhean Dealbhaidh Leantainneachd Gnothaich

There had been circulated Report No COM/45/14 dated 24 September 2014 by the Director of Community Services which provided an update on the status of the Audit Report Action Plan in relation to the “Business Continuity Planning Arrangements (Follow Up)” Audit Report presented to the Audit and Scrutiny Committee on 24 September 2014.

The Council’s business continuity planning arrangements had first been considered at the Audit and Scrutiny Committee in March 2013, at which an audit opinion that Limited Assurance could be given was reported in that weaknesses in the system of controls had been such to put the system objectives at risk and/or the level of non-compliance put the system objectives at risk.  As a result, a follow-up audit was carried out and this had been reported to the Audit and Scrutiny Committee in September 2014.  The recommendations remaining for the Emergency Planning and Business Continuity Manager were detailed in the action plan together with a target completion date of 30 April 2015.

The Committee NOTED:-

i. that some actions had already been completed; and
Ii. that the remaining actions against Community Services would be completed by the end of April 2015.

20.  Report on Community Services Complaints, Freedom of Information Requests and Compliments from 1 April 2014 to 31 August 2014
Aithisg mu Ghearanan Seirbheisean Coimhearsnachd, Iarrtasan Saorsa Fiosrachaidh agus Molaidhean bho 1 Giblean 2014 gu 31 Lùnastal 2014 

There had been circulated Report No COM/46/14 dated 24 October 2014 by the Director of Community Services which provided details on the number of complaints, freedom of information (FOI) requests and compliments received by Community Services in the first five months of 2014/15.  The report outlined actions in place to improve performance. 

From 1 April to 31 August 2014, Community Services had received 288 stage 1 complaints and 28 stage 2 complaints with a response rate within the corresponding deadlines of 51.2% and 69.4% respectively.  In relation to FOI requests, 95.51% were responded to within the deadline of 20 days.  40 compliments had also been received and these had been forwarded to the appropriate managers and communicated to the teams involved.  The monitoring process for complaints and FOIs was outlined and the tables provided in the report provided a benchmark against which to measure improvements.  The Services’ Performance Team was looking at the causes of complaints and was examining what measures, including training, working with the Service Point network etc, would be effective in reducing volumes of similar types of complaints being raised again.

During discussion, Members queried whether all their complaints were logged, even when they were relayed via Community Works officers. It was explained that all complaints should be logged, however a distinction was drawn between queries (for example, a request for information or service) and complaints (when a previous request had not been satisfactorily dealt with).  A ward breakdown of complaint would be beneficial and it was clarified that the actual figure for Grounds Maintenance complaints in paragraph 2.3 of the report was 62, not 65 as stated.  It was acknowledged that there was likely to be an under-reporting of complaints but work was being undertaken to rectify this. Members sought information on timescales for filling potholes and were informed that the Road Asset Management Plan suggested 7 days for a temporary fix and 28 days for a permanent fix.  If a pothole was thought to be endangering life, however, the target was for it to be filled within 24 hours.

The Committee:-

i. NOTED the performance on complaints and Freedom of Information requests and improvement actions that were underway; and
ii. AGREED to investigate the possibility of providing information on complaints at Ward level.  

21.  Annual Report on Scottish Social Housing Charter 1 April 2013 - 31 March 2014
Aithisg Bhliadhnail mu Chairt Taigheadas Sòisealta na h-Alba 1 Giblean 2013 – 31 Màrt 2014

There had been circulated Report No COM/47/14 dated 23 October 2014 by the Director of Community Services which provided performance and benchmarking information against performance indicators as prescribed by the Scottish Housing Regulator, relative to the Scottish Social Housing Charter for the year 2013/14.

Under the new regulatory requirements, social landlords were required to publish an annual report and involve tenants in its production.  The Council’s first tenant produced customer report, “Housing Matters”, had been emailed to Council tenants and had reported on Charter indicators that the tenant panel had considered were of interest and value to fellow tenants.  The Council’s performance against other social housing providers in Highland was also provided and, to provide customer satisfaction data for the Annual Return on the Charter, a small scale survey had been carried out in December 2013, the results of which were detailed.  Furthermore, it was pointed out the Charter promoted the strengthening and mainstreaming of self assessment mechanisms into performance management and promoted increased tenant and customer involvement in this.  Accordingly, a revised strategy and action plan would be reported to a Community Services Committee in 2015. 

Clarification having been received that the minus sign under Tenant Satisfaction in Appendix 1 represented a nil return, due to that particular question not being asked when the survey had been carried out, the Committee NOTED the Highland Council housing service annual performance against the Housing Charter for 2013/14. 

22.  Policy on Individual Property Purchases
Poileasaidh mu Cheannachd Seilbhe Fa Leth  

There had been circulated Report No COM/48/14 dated 23 October 2014 by the Director of Community Services which presented a policy covering situations where the Council might wish to purchase individual properties on the open market to meet local housing needs.

Housing need and demand were assessed as part of the Local Housing Strategy.  However, mainly due to constraints on development, there were some high pressure communities where no new houses were planned and individual house purchases provided one means of addressing very local housing needs in such areas.  The proposed policy set out the circumstances in which individual property purchases would be considered, how priority communities would be selected and the criteria to be applied in purchases.  However, it was pointed out, purchases would still be based on the financial limits set out in the Council’s Scheme of Delegation. 

Members welcomed the annual report which would be produced providing details of all properties purchased under the policy and which would also recommend priority communities for the following year.

The Committee APPROVED the policy on individual property purchases as set out in Appendix 1 of the report.

23.  Policy on Small Land Sales
Poileasaidh air Reic Pìosan Beaga Fearainn

There had been circulated Report No COM/49/14 dated 24 October 2014 by the Director of Community Services which proposed a standard policy on small land sales involving the Housing Revenue Account (HRA). It aimed to clarify the criteria to be used in deciding whether to agree to requests to buy small areas of land and the process and charging structure to be applied when sales of land were taking place.

Community Services occasionally received requests from the public to purchase areas of HRA land, usually to acquire small areas for the extension of/access to gardens.  The main principle of the proposed policy was that there would be a presumption against sale unless there was a community benefit or that the sale would benefit the HRA in terms of reducing management costs or related to housing management issues.  In addition, the Scottish Government had put forward a proposal to reform the process whereby, in future, only in a small number of cases would it be necessary for the Council to apply to the Scottish Government for consent to dispose of assets from the HRA, essentially cases where assets were being sold significantly below market value.

Members sought clarification that the lease of land was possible if a sale was deemed inappropriate and that in all cases an agreed system of assessment would be followed.  

The Committee APPROVED the policy for the sale of small areas of land held on the Housing Revenue Account as set out in Appendix 1 of the report.

24.  Consultation on a New Tenancy for the Private Sector
Co-chomhairle air Gabhaltas Ùr airson na Raoin Prìobhaidich

Declarations of Interest

Mr A Graham, Mrs L MacDonald, Mr K MacLeod and Mr H Wood declared financial interests in this item on the grounds of owning rented properties and left the room.

There had been circulated Report No COM/50/14 dated 23 October 2014 by the Director of Community Services which provided details of a Scottish Government consultation paper on changes to legislation affecting tenancies in the private rented sector. The report also summarised the proposals set out in the consultation paper and recommended a response to the Scottish Government.

The current form of tenancy in the private rented sector originated from the Housing (Scotland) Act 1988 and which had introduced the Assured Tenancy Regime.  The Scottish Government consultation paper proposed increased security of tenure through a new private rented sector tenancy whilst also giving suitable safeguards for landlords, lenders and investors.  It raised questions about rents and affordability but recognised the need to take into account various factors and that levels could vary over time dependent by area and size of the property.  The number of families living in the private rented sector on a long term basis was increasing and it was important that a balance was achieved between policy measures aimed at affordability for tenants without creating disincentives for landlords and lenders to maintain supply.

The Committee APPROVED the response to the consultation paper set out in Appendix 2 of the report.

25.  Affordable Warmth
Blàths Neo-chosgail

It was recalled that, following the Carbon CLEVER report to the Council meeting on 4 September 2014, Members had requested a more detailed report on affordable warmth.  In this connection, there had been circulated Report No COM/51/14 dated 24 October 2014 by the Director of Community Services which provided an update on progress with the affordable warmth elements of Highland’s Local Housing Strategy and recommended priority actions for the next year.

Fuel poverty was when more than 10% of household income was spent on household fuel use.  This related to both private and socially rented properties and the Scottish Housing Condition Survey 2010/12 had reported that, in Highland, 39% of households were in fuel poverty.  There were a number of factors contributing to this relatively high level including the limited availability of fuel choices, the continued rise in energy costs, season fuel poverty in areas dependent on tourism and the cost of new heating systems and fabric upgrading works due to location and limited availability of firms and funding.  An Affordable Warmth Action Plan had been drawn up to increase affordable warmth and reduce fuel poverty and progress made to date was provided.

During discussion, Members commented as follows:-  

• with reference to paragraph 2.4 of the report, showing fuel prices, it would be beneficial if the cost of biomass heating could be included in future;
• the increase in Council houses meeting energy efficiency targets from 16.1% in 2007 to 81.5% in 2014 was welcomed;
• those living in rural areas had limited fuel choices and were therefore particularly susceptible to fuel poverty.  It addition, it was pointed out these areas were also likely to suffer seasonal fuel poverty given the high reliance on jobs in the tourism sector;
• measures such as cavity wall insulation would not be suitable for all houses, the old solid stone houses being cited as an example;
• making energy assistance schemes less bureaucratic would encourage more people to apply;
• the benefits and promotion of Fuel Cooperatives should be investigated; and
• the result of the pilot undertaken by Income Maximisation and the Ross Shire Midwifery team to reduce financial inequality/poverty in pregnancy and early years by providing opportunities to access welfare, money and fuel advice was requested.

The Committee:-

i. NOTED the progress with ‘affordable warmth’ actions being undertaken to improve energy efficiency and tackle fuel poverty;
ii. APPROVED the priority actions set out in section 3 of the report, namely:

• Maximising funding and uptake of energy efficiency works in private housing;
• Delivering energy efficiency improvements in Council housing by reaching the Scottish Housing Quality Standard and the new Energy Efficiency Standard for Social Housing;
• Proactively targeting fuel poor households to offer appropriate advice, assistance and income maximisation; and
• Lobbing UK and Scottish Governments and utility companies to assist Highland as an area of recognised fuel poverty;

iii. AGREED to investigate the benefits of Fuel Co-operatives and how they could be promoted; and
iv. AGREED that the result of the pilot undertaken by Income Maximisation and the Ross Shire Midwifery team to reduce financial inequality/poverty in pregnancy and early years by providing opportunity to access welfare, money and fuel advice be circulated to all Members for information.

26.  Minutes
Geàrr-chunntas

The Committee APPROVED the Minutes of the Harbours Management Board of 11 September and 28 October 2014, having been informed that the Harbour Revision Order at Item 8 should have been listed as a Harbour Empowerment Order.

The meeting ended at 2.40pm