Agendas, reports and minutes

Minutes of Meeting of the Planning, Development and Infrastructure Committee held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness, on Wednesday, 5 November 2014, at 10.30 a.m.

Present:
Mr T Prag, Mrs H Carmichael, Mr J Crawford, Mr G Farlow, Mr C Fraser, Mr J Gordon, Mr J Grey, Mr M Green, Mr R Greene, Mr R Laird, Mr B Lobban, Mr D MacKay, Mrs I McCallum, Mr G Phillips, Mr M Reiss, Mr I Renwick, Mr G Rimell, Mr R Saxon, Dr A Sinclair, Mr J Stone (substitute), Mr H Wood, Dr D Alston

Non-Members also present:
Mrs I Campbell, Dr I Cockburn, Mrs M Davidson, Mr J Rosie, Ms G Ross

Officials in attendance:
Mr S Black, Director of Development and Infrastructure
Mr M MacLeod, Head of Planning and Building Standards
Mr G Hamilton, Head of Environment and Development
Mr C Howell, Head of Infrastructure
Mr A Maguire, Head of Property Partnerships
Mr A McCann, Economy and Regeneration Manager
Ms N Wallace, Environment Manager
Mr A Todd, Area Planning Manager, South
Mr D Jones, Area Planning Manager, North
Ms K Lyons, Principal Solicitor (Planning)
Mr G Sharp, Planner
Mr J Danby, Principal Engineer
Mr B MacKinnon, Employability Team Leader
Mr G Smith, Principal Engineer
Mr R Patton, Principal Officer (Land)
Ms A Ophof, Graduate Forestry Assistant
Mr P Tomalin, Ward Manager, East Sutherland and Edderton
Mr G Bull, Corporate Property Asset Manager
Mr C Anderson, Property Manager (Operational Estates Management)
Mr M Mitchell, Finance Manager
Mr G Robb, Trading Standards Manager
Mr J Willet, Highland Biodiversity Officer
Mrs R Moir, Principal Administrator, Corporate Development Service
Ms L Lee, Committee Administrator, Corporate Development Service

Also in attendance:
Ms M MacKintosh, Chief Executive, Highland Opportunity Ltd (Item 10)

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

Mr T Prag in the Chair

1. Apologies for Absence
Leisgeulan

Apologies for absence were intimated on behalf of Mrs C Caddick and Mr J McGillivray.

2. Preliminaries
Ro-fhiosrachadh

The Committee NOTED and welcomed that:

• the Development and Infrastructure Service had two projects competing in the Scottish Quality in Planning Awards in Edinburgh
• the Highlands had been awarded an ESF allocation for 2014-20 of £10.8m for Employability, Poverty and Social Inclusion; details would be brought to a future Committee.

3. Declarations of Interest
Foillseachaidhean Com-pàirt

The Committee NOTED the following declarations of interest:

• Item 4 – Dr A Sinclair (Non-financial)
• Item 10 – Mr B Lobban, Mr J Stone (Non-financial)
• Item 11 – Mr R Laird, Mr G Farlow, Mr G Phillips (Non-financial)
• Item 13 – Mr R Saxon, Mr C Fraser, Mr T Prag (Non-financial)
• Item 15 – Mr R Saxon (Non-financial)
• Item 18 – Mr T Prag, Mr B Lobban, Mr J Stone (Non-financial)
• Item 19 – Mr T Prag
• Item 23 – Mr R Saxon (Non-financial)
• Item 26 – Mr G Farlow (Non-financial)
• Item 27 – Mr G Farlow (Financial)

4.Notice of Amendment (Planning) – Planning Application (14/01464/PIP)
Brath Atharrachaidh (Dealbhadh) – Iarrtas Dealbhaidh (14/01464/PIP)

Declaration of Interest:
As a member of the Board of Lochalsh and Skye Housing Association, Dr A Sinclair declared a non-financial interest in this item, and, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, left the room for this item.

Erection of a Class 1 foodstore and petrol filling station with associated car parking, landscaping and access on land 100M NW of 10 Bealach nan Cìobairean, Home Farm, Ceàrn An Leth-Uillt, Portree (Ward 11), for Rubicon Land Ltd and Lochalsh and Skye Housing Association.

At its meeting on 16 September 2014, the North Planning Applications Committee (NPAC) had deferred determination of the above application for the applicant to submit a cumulative retail impact assessment.  The following Notice of Amendment had then been lodged on 16 September 2014:

“We the undersigned wish Planning Application 14/01464/PIP to be reconsidered at a meeting of the Planning, Development and Infrastructure Committee on 5th November.

Signed: Mrs I McCallum, Ms M Smith, Ms A MacLean, Mr M Finlayson, Mr C Fraser, Mr D Bremner, Mr J Gordon, Mrs M Davidson.”

In this context, there had been circulated Report No. PDI-37/14 dated 28 October 2014 by the Director of Development and Infrastructure outlining the current position.  The report recommended the original officer recommendation to approve the application, subject to the conditions and reasons as set out in the earlier Report No. PLN/065/14, previously considered by the NPAC on 16 September 2014.  Report No. PLN/065/14 had been re-circulated as Appendix 2 to Report No. PDI-37/14. 

The Chair reminded Members that, in order to take part in the decision, they required to be present for the whole of the item.  Clarification having been sought as to why the matter was before this Committee, attention was drawn to the terms of the Notice of Amendment.  Members confirmed that they wished to hear the officer presentation with a view to considering the application.

The Planning Officer gave a presentation setting out the background to the application.  He summarised the issues which the Committee should consider in coming to a decision, including: land allocations in the Development Plan,  namely housing and open space; the views of external consultees and the actions taken by the applicant in response; the sequential test; and roads related issues.  He provided detailed information on the retail impact of the proposed development.  The cumulative retail impact assessment requested by NPAC had been received, and in his view could be considered robust, the applicant having drawn up the assessment using assumptions provided by a competitor to reflect a “worst case” scenario.  The assessment indicated that there was sufficient available expenditure to support one supermarket without undue negative impact on existing town centre convenience retailers, but not two. 

In response to a question raised, the Principal Solicitor (Planning) confirmed that it was in order for Members who had expressed a view at the NPAC meeting to take part in determination of the application. 

In discussion, Members gave consideration to:

• land allocations as set out in the Development Plan
• whether the loss of affordable housing units was acceptable
• whether the retail impact assessment took full account of the impact of deliveries and non-food sales on businesses in Portree and the surrounding area
• the potential limitations of the sequential approach in that it did not take account of the impact on existing supermarkets situated outwith the town centre
• the level of demand for a supermarket in Portree, and, should the application be granted, the need for appropriate conditions.
• A number of questions having been responded to, Members were generally minded that the proposal was acceptable. 

It having been confirmed that no motion to uphold the NPAC decision was forthcoming, the Committee AGREED that the application be GRANTED subject to the conditions and reasons as set out in report PLN/065/14 and in Appendix 1 to the circulated report PDI-37-14; and NOTED that discussions would be held with the Scottish Government as to whether the capital receipt from the sale of the housing association land could be used locally.

5.Revenue Budget Monitoring – 2014/2015
Aithris Sgrùdaidh Buidseat Teachd-a-steach 2014/15

There had been circulated Report No. PDI-38/14 dated 24 October 2014 by the Director of Development and Infrastructure providing information on the revenue monitoring position for the Planning and Development Service for the period to 30 September 2014. 

In speaking to the report, the Director highlighted that year-end outturn was on target, with a small under-spend expected; expenditure on property maintenance would be closely monitored.  In response to a Member request, he gave an undertaking that details of costs and outcomes of appeals against planning decisions would be included in the report in future.

Having NOTED the report and information given, the Committee APPROVED the Planning and Development Service monitoring report to the end of September 2014.

6.Capital Expenditure Monitoring – 1 April 2014 to 30 September 2014  
Sgrùdadh Caiteachais Calpa – Giblean 2014 gu 30 Sultain 2014

There had been circulated Report No. PDI-39/14 dated 24 October 2014 by the Director of Development and Infrastructure providing information on the capital expenditure monitoring position for the period from 1 April to 30 September 2014.

In speaking to the report and responding to questions, the Finance Manager advised that the year-end outturn was on target, with an estimated underspend of £66,000; and that separate reports on Vacant and Derelict Land Fund (VDLF) projects would be brought to Committee, once or twice a year in future.  Progress with capital and VDLF projects would also be reported to Area Committees.

Having NOTED the report and the information given, the Committee APPROVED the capital expenditure monitoring position for the period 1 April to 30 September 2014.

7. Planning Performance Framework and Quarter 2 Performance Review
Frèam Dèanadais Dealbhaidh agus Ath-bhreithneachadh Dèanadais
Cairteil 2

Declaration of Interest:
As a Council House tenant, Mr G Farlow declared a financial interest in this item but, in terms of the General Exclusion at Section 5.18(1)(iv) of the Councillors’ Code of Conduct, remained to participate in the discussion.

There had been circulated Report No. PDI-40/14 dated 22 October 2014 by the Director of Development and Infrastructure advising Members on the delivery of the Development Management, Building Standards and Development Plan services for the 2nd Quarter of 2014/15.  The report also updated Committee on progress being made on the Service Improvement commitments set out in the Planning Performance Framework, submitted annually to Scottish Government. 

The Head of Planning and Building Standards stated that performance remained good, with outcomes being at or around targets.  In discussion, Members expressed appreciation for officers’ engagement with Community Councils with regard to responding to planning applications, and highlighted that Community Councils in the Cairngorms National Park Area were involved in the Highland Council planning consultation process.

The Committee NOTED:

i.   the performance updates across the Development Management, Building Standards and Development Plans teams; and
ii.  that Highland Community Councils within the Cairngorms National Park area would be included in the circulation of the Council’s Planning Matters Newsletter.
 
8. Planning Controls, Pay Day Lending and Betting Offices – Consultation Paper on Changes to Planning Legislation
Smachdan Dealbhaidh, Iasadan Latha Pàighidh agus Oifisean Gheallaidhean – Pàipear Co-chomhairleachaidh mu Atharrachaidhean do Reachdas Dealbhaidh

There had been circulated Report No. PDI-41/14 dated 28 October 2014 by the Director of Development and Infrastructure advising that the Scottish Government was consulting on possible changes to the planning legislation to address concerns about the negative impact of over-provision or clustering of betting shops and pay day lenders on the character and amenity of town centres.

The report set out the proposed response to the consultation and sought Member approval to submit the response to Scottish Government prior to the close of the consultation on 14 November 2014.  The Area Planning Manager (South) summarised the main points of the report, highlighting that, as control of betting shops and pay day lending was reserved to the Westminster Government, local input to this matter was difficult.   Given the impact of such businesses on the character of an area, however, the Scottish Government was looking at ways to introduce controls via the planning system’s change of use legislation.  The Planning Manager explained the proposed options in detail, drawing attention to the definitions of Classes of business activities.

In discussion, Members were fully supportive of the changes proposed in the report with regard to betting shops, but were of the view that the position with regard to Pay Day Lenders was more complex.  Comments made included that pawnbrokers and cash-for-gold shops should be treated similarly to pay-day lending businesses and excluded from the Class 2 designation; and that shops carrying out retail activities, such as second-hand jewellers or second-hand bookshops, should be classed as retailers (Class 1).

The Committee AGREED the response to the Scottish Government as set out in Appendix 1 to the report, subject to reflection of comments made in discussion.

9. Guidance on the Preparation of Transport Assessments
Stiùireadh mu Ullachadh Mheasaidhean Còmhdhalach

There had been circulated Report No. PDI-42/14 dated 13 October 2014 by the Director of Development and Infrastructure describing how Transport Assessments were undertaken and drawing attention to the preparation of a document, appended to the report, which provided guidance to developers and their agents on the preparation of Transport Assessments.  The guidance augmented and supplemented existing national guidance. 

The Principal Engineer summarised the main points of the report.  Points raised in discussion included that: there could be differences of opinion between experts as to the methodology used in undertaking Traffic Assessments; it was important that communities had confidence in the Council’s document; and, when major applications were considered at Ward meetings, it would be useful for Members to look at the Traffic Assessment at that time also.

The Committee NOTED:

i.    the document “Guidance on the Preparation of Transport Assessments” and its use in future planning applications to the Council;
ii.   that concerns raised in debate as to aspects of the Guidance would be discussed further with officers; and
iii.  that the Guidance would be reviewed in one year’s time, or earlier if outstanding concerns remained.

The Committee AGREED to delegate responsibility to the Director of Development and Infrastructure to make minor amendments to the document as required.

10. Business Gateway
Slighe Gnothachais

Declarations of Interest:
As members of the Board of Highland Opportunity Ltd, Mr B Lobban, Mr J Stone and Mr C Fraser each declared a non-financial interest in this item but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, each concluded that his interest did not preclude his involvement in the discussion.

There had been circulated Report No PDI-43/14 dated 10 October 2014 by the Director of Development and Infrastructure updating Members on performance with the Business Gateway contract for Quarter 2, 2014/15, before outlining the emerging European Regional Development Fund (ERDF) European Programme and the opportunity afforded to add value to the Business Gateway service and the business support activity funded by the Council.  The report also addressed contractual arrangements with Highland Opportunity Ltd. post 1 April 2015.

The Economy and Regeneration Manager summarised the main points of the report.  In response to questions raised, Members were advised that the eligibility criteria for growth pipeline management were set nationally and could not be changed, albeit that a fairer picture might be given by including in the figures those companies who were qualified and ready to go forward but who did not meet the criteria as specified.  Difficulties were understood to be experienced across Scotland by companies wishing to progress to growth pipeline management.  Members were also informed that the median salary of jobs created was £24,263 per annum, and that there were 6 jobs with salaries above this level. 

The Committee NOTED:

i.   performance for the 2nd quarter of the operational year 2014/15; and
ii.  that a report would be brought to a future meeting providing a comparison of key Business Gateway performance indicators across Scotland.

The Committee AGREED:

i.   to delegate responsibility to the Director of Development and Infrastructure, in consultation with the Chair of the Planning, Development and Infrastructure Committee, to confirm Council match funding from the Business Gateway and Employability budgets for the new ERDF Programme 2014-2020; and
ii.  that new contractual arrangements be entered into with Highland Opportunity Ltd. for the Business Gateway contract 2015/16-2017/18 and for complementary business support services during the 2015/16-2017/18 period.

11. Employability Services
Seirbheisean Cosnaidh

Declarations of Interest:
As Chairman of the Merkinch Partnership, Mr R Laird declared a non-financial interest in this item but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that his interest did not preclude his involvement in the discussion.

As directors of the Sutherland Partnership, Mr G Farlow and Mr G Phillips each declared a non-financial interest in this item but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, each concluded that his interest did not preclude his involvement in the discussion.

There had been circulated Report No. PDI-44/14 dated 24 October 2014 by the Director of Development and Infrastructure updating Members on performance with the delivery of the Employability Services Work Plan for 2014/15.  It summarised the issues around the closure of the 2007-2013 European Social Fund (ESF) Programme and those emerging with the new 2014-2020 Programme as they impacted on employability services.  The need to call on the financial balances agreed in 2013/14 to bridge activity and expenditure between the two programmes was noted, and delegated authority was requested for the Director of Development and Infrastructure, in consultation with the Chair, to finalise existing programme expenditure in 2014/15 and commit funds as necessary for the new ESF Programme.

The Employability Team Leader drew attention to the main points of the report, and in particular the welcome reduction in levels of youth unemployment compared with the previous year.  Whilst it was difficult to compare adult unemployment levels due to changes in the way the figures were calculated, it was likely that, as more people found work, those remaining unemployed would be people in need of greater support to access work.  The resources targeted at this group would be increased as part of joint working with the Health Service to tackle poverty and inequalities.  He also highlighted Employability Service activities carried out under the previous European programme which had ended in 2013, and progress with proposals for taking forward projects under the new programme for 2014-2020.

Members concurred that, as the economy improved, more support would be needed to bring those left without jobs into employment.  In response to points raised, the Economy and Regeneration Manager advised that:

• the Highlands and Islands European Partnership would review the impact of the proposed methodology for allocating employability intervention funds from a rural perspective - this would be unlikely to cause any delay and would also provide the opportunity to see how other funding sources, such as Deprived Area Funds, could be used to match EU funding
• a full summary of the previous three-year programme and its outcomes would be brought to the February 2015 Committee
• the work carried out by the 3rd sector was valued by the Council; engagement with the 3rd Sector Interface on employability issues was regular and ongoing.

The Committee NOTED:

i.   progress on delivery of the Employability Services Work Plan in the current year; and
ii.  that a report on the outcomes of the three-year programme and its impact, and on the rationale for the new programme, would be brought to the February 2015 Committee.

The Committee AGREED to delegate authority to the Director of Development and Infrastructure, in consultation with the Chair of the Planning, Development and Infrastructure Committee, to determine the use of the current year budget and balances, and to confirm Council match funding from the Employability budget for the new ESF Programme 2014-2020.

12. Stromeferry Bypass Route Option Appraisal - August 2014
Measadh Roghainnean air Slighean Seach-Rathad an t-Sròim - Lùnastal 2014

There had been circulated Report No. PDI-45/14 dated 4 August 2014 by the Director of Development and Infrastructure summarising the findings of Part 2 of the Strategic Transport Assessment Guidelines (STAG) appraisal carried out for the Stromeferry Bypass and outlining the strategy to be followed to implement one of the options contained within the STAG appraisal.  Members were invited to approve a proposal to investigate funding options and develop a funding package to support the selection of a preferred option.  The outcome would allow recommendations to be made on the preferred route to a future meeting of the Planning, Development and Infrastructure Committee.

The Head of Infrastructure gave a presentation showing why the Stromeferry Bypass was needed, the action taken to date, and the three routes identified as being most feasible.  None of these routes scored highly enough under the STAG appraisal to qualify for funding, and the sums involved were beyond what the Council could afford.  It would therefore be necessary to argue the importance of the route in terms of regional prosperity and wider community benefits, to try to attract monies from Highlands and Islands Enterprise (HIE) and the European Union.  The cost of doing nothing was estimated at £30m over the next 60 years.

Points raised in discussion included that:

• communities would be disappointed that a route had not yet been identified; the road had been under discussion for at least 15 years
• there was an urgent need for an early solution and regular progress reports should come to the Committee
• benefits of the Bypass would include improved safety, health and connectivity; and support for tourism and the wider economy, including the Kishorn yard
• continued engagement with communities was important.

In response to further points raised, Members were advised that:

• the choice of route would be determined by the finance available – a case had to be built beyond the STAG assessment and it would take time to research and identify the wider issues that could be used to attract funding
• the Scottish Government was aware of the issues; HIE and Transport Scotland had representatives on the stakeholder group
• the Bypass would be longer than the 4km rockfall zone; the costs of land purchase had been taken into account in costing the options.

Members having thanked officers for the work that had gone into the report, the Committee AGREED that officers pursue external funding bodies to develop an overall funding package to enable the project to proceed and NOTED that  a progress report would be brought to the May 2015 Committee.

13. Highland Council’s Biodiversity Duty Delivery Plan
Plana Lìbhrigidh Dleastanas Bith-iomadachd Chomhairle na Gàidhealtachd

Declarations of Interest:
As Biodiversity Species Champions, Mr R Saxon, Mr C Fraser and Mr T Prag each declared a non-financial interest in this item but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, each concluded that his interest did not preclude his involvement in the discussion.

There had been circulated Report No. PDI-46/14 dated 13 October 2014 by the Director of Development and Infrastructure presenting a final progress report on
the 2011-14 Biodiversity Duty Delivery Plan; a new Biodiversity Duty Delivery Plan for the period 2015-17; and the statutory requirement of a Biodiversity Duty Report to the Scottish Government.

The Biodiversity Officer summarised the main points of the report, referring to matters including: factors affecting progress, species champions, the communications plan, the forthcoming consultation on the Highland Biodiversity Action Plan, and green networks.

Points raised in discussion included:

• the need for bio-security and the need  to educate the public about Non-Native Invasive Species (NNIS)
• the impact of climate change on indigenous species and NNIS
• the relationship between biodiversity and geodiversity
• the importance of green networks
• that Highland was home to 75% of UK priority species and habitats – this was something to be proud of and a responsibility; wildlife tourism was also economically important
• the need for  conservation projects to be compatible – e.g. protecting pine martens put red squirrels in more danger
• that the recent seashore project and competition had been very successful.

In response to the above and to questions raised, Members were advised that:

• the Highland Invasive Species Forum was working to raise awareness of NNIS issues
• the greatest increase in biodiversity workload came from NNIS and costs for dealing with NNIS were rising; e.g. the Council treated Japanese Knotweed if it was on the roads network; Biodiversity officers also worked with Housing
• requests for Local Nature Reserves had to come from the community, but assistance could be provided by the Biodiversity Officer
• the seashore project would continue if funding could be found
• Highland Council officers met with their counterparts from neighbouring local authorities several times a year to look at projects being taken forward.

The Committee APPROVED:

i.   the Highland Council’s Biodiversity Duty Delivery Plan Report 2013-14 (Appendix 1 to the report);
ii.  the Highland Council’s Biodiversity Duty Delivery Plan 2015-17 (Appendix 2 to the report); and
iii. the Highland Council Biodiversity Duty Compliance Report 2014 to the Scottish Government (Appendix 3 to the report).

14. Draft Highland Council Tree Strategy
Dreachd Ro-innleachd Chraobhan Chomhairle na Gàidhealtachd

There had been circulated Report No. PDI-47/14 dated 13 October 2014 by the Director of Development and Infrastructure updating Committee on a draft Tree Strategy for trees and woodland under the ownership of the Council, the revision of Operational Guidance for Tree Enquiries, and improvements to the CRM/LAGAN system when dealing with tree enquiries received by the Council. It was intended that the finalised Tree Strategy would be reported to the May 2015 Committee for approval and public consultation.

In speaking to the report, the Principal Officer (Land) advised that information on tree felling licence requirements would be added to the draft Guidance.

Points raised in discussion included:

• some areas of wording could be made clearer and more user-friendly for members of the public
• the strategy should allow for flexibility and officer discretion, appropriate to particular circumstances, in applying the criteria set out
• public vigilance in reporting concerns as to tree health could relieve some of the pressure on the Council’s own inspection regime
• the requirement for the Council to employ contractors under framework agreements generally disadvantaged immediately local contractors; in this context Members were advised that the Framework Agreement had recently been revised and the number of contractors listed increased
• the quality of individual trees formed part of the overall assessment process.

After discussion, the Committee NOTED:

i.   the content of and progress with the draft Tree Strategy, as set out at Appendix 1 to the report, and the next key stages, including that a report on the finalised strategy would be brought to the May 2015 Committee meeting; and
ii.  the improvement to the CRM/LAGAN system with regard to tree enquiries.

The Committee APPROVED the revised Operational Guidance at Appendix 2 to the report for public consultation, subject to reflection of comments raised in discussion, and minor amendments as required; and AGREED to delegate powers to the Director of Development and Infrastructure to finalise the wording of the Operational Guidance in this regard.

15. Appointments to Local Access Fora
Cur an Dreuchd gu Fòraim Inntrigeadh Ionadail

Declaration of Interest:
As a member of the Caithness Local Access Forum, Mr R Saxon declared a non-financial interest in this item but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that his interest did not preclude his involvement in the discussion.

There had been circulated Report No. PDI-48/14 dated 13 October 2014 by the Director of Development and Infrastructure inviting Members, following resignations from the Caithness Local Access Forum and the Inverness and Nairn Local Access Forum, to consider and approve new Forum members required in order to maintain representative Local Access Fora in these areas. 

Nominations for the Caithness Local Access Forum had been considered by the Caithness and Sutherland Area Committee at its September meeting, while Members for Wards 13-21 had recently been consulted on the nominations for the Inverness and Nairn Local Access Forum.  In each case the nominations set out in the report had been recommended for approval by this Committee. 

The Committee APPROVED the appointment of Members to the Caithness and the Inverness and Nairn Local Access Fora recommended by, respectively, the Caithness and Sutherland Area Committee and the Members for Wards 13-21.

16. Internal Audit Final Report – Contractors’ Framework Agreement for Works up to £50,000 (Follow-Up)
Aithisg In-sgrùdaidh Dheireannach – Aonta Frèam Chunnradairean airson Obraichean suas gu £50,000 (Leanmhainn)

There had been circulated Report No. PDI-49/14 dated 14 October 2014 by the Director of Development and Infrastructure informing Members on the objectives and findings of the Follow-Up Audit Report presented to the Audit and Scrutiny Committee on 24 September 2014, and updating them on progress against the Action Plan.

The Committee NOTED the findings of the Audit Report presented to the Audit and Scrutiny Committee on 24 September 2014 and the action being taken to implement the recommendations.

17. Trading Standards Annual Performance Review 2013/14
Aithisg Dèanadais Bhliadhnail nan Inbhean Malairt

There had been circulated Report No. PDI-50/14 dated 13 October 2014 by the Director of Development and Infrastructure providing Members with the opportunity to review and approve the work of the Council’s Trading Standards team during 2013/14.

Points raised in discussion included:

• customer survey results in relation to the Trading Standards Advice Service showed satisfaction rates of some 90%
• the team’s partnership work on establishing “cold call” control zones was particularly welcomed
• a briefing seminar on community safety aspects of the team’s work would be held following the Committee’s next meeting.

The Committee NOTED the Trading Standards Annual Performance Review 2013/2014 against the previously approved Operational Plan for the service and to approve the report.

18. Highland Opportunity Limited
Cothrom dhan Gàidhealtachd Eta

Declarations of Interest:
As members of the Board of Highland Opportunity Ltd, Mr T Prag, Mr B Lobban and Mr J Stone each declared a non-financial interest in this item but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that his interest did not preclude his involvement in the discussion.

There had been circulated Report No. PDI-51/14 dated 8 October 2014 by the Director of Development and Infrastructure providing a summary of Highland Opportunity Limited’s activities during the financial year 2013/2014.  In addition, it gave details of the Company’s current performance against the range of targets set for it as part of its contract with the Council to deliver business support to Highland businesses, and highlighted key work priorities during the rest of this financial year.

Having been given an assurance that a business plan was in place to address the current operating loss, the Committee NOTED the performance of Highland Opportunity Limited and its Subsidiary Companies; and ACCEPTED the financial statements for year ending 31 March 2014 of Highland Opportunity Limited on behalf of the Council.

19. Inverness Airport Business Park – Annual Report
Pàirc Ghnothachais Port-Adhair Inbhir Nis – Aithisg Bhliadhnail

Declaration of Interest:
As a member of the Inverness Airport Business Park Board, Mr T Prag declared a non-financial interest in this item but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that his interest did not preclude his involvement in the discussion.

There had been circulated Report No. PDI-52/14 dated 30 September 2014 by the Director of Development and Infrastructure providing Members with updated information on the current financial position of Inverness Airport Business Park Limited. 

During discussion, while some concern was expressed over the reference in the report to a potential risk of eventual non-payment of the Council’s loan to the company, clarification was given as to the nature of the original loan terms and confidence expressed in the positive signs for future development of the Business Park.  Members were reminded of the benefits already realised through, for example, construction of the new Airport access road.  It was argued that the Park continued to be a good investment for the Council, with further delay in loan repayment not impacting on other Council activity.

The Committee NOTED the report, and that arrangements would be made for Committee Members to visit the Business Park.

20. Beinn Tharsuinn Windfarm Community Ltd.
Coimhearsnachd Tuathanas Gaoithe na Beinne Tarsainn Eta.

There had been circulated Report No PDI-53/14 dated 16 October 2014 by the Director of Development and Infrastructure detailing the activities of Beinn Tharsuinn Windfarm Community Limited during the Financial Year 2013/14 and recommending that Members accept the Financial Statement 31 March 2014 on behalf of the Council.

The Committee NOTED the activities of Beinn Tharsuinn Windfarm Community Limited; and ACCEPTED, on behalf of Highland Council, the Financial Statement of Beinn Tharsuinn Windfarm Community Limited for the year ending 31 March 2014.

21. Highland Environment Forum – Minutes of Meeting of 18 March 2014
Fòram Àrainneachd na Gàidhealtachd – Geàrr-chunntas bhon Choinneimh den 18 Màrt 2014

There had been circulated and were NOTED Minutes of meeting of the Highland Environment Forum held on 18 March 2014.

22. Highland Economic Forum – Minutes of Meeting of 26 May 2014
Fòram Eaconamach na Gàidhealtachd – Geàrr-chunntas bhon Choinneimh den 26 Cèitean 2014

There had been circulated and were NOTED Minutes of meeting of the Highland Economic Forum held on 26 May 2014. 

23. Caithness and North Sutherland Regeneration Partnership Advisory Board – Minutes of Meeting of 18 June 2014
Bòrd Comhairleachaidh Com-pàirteachas Ath-bheothachaidh Ghallaibh agus Chataibh a Tuath – Geàrr-chunntas bhon Choinneimh den 18 Ògmhios 2014

Declaration of Interest:
As a member the Caithness and Sutherland Regeneration Advisory Board, Mr R Saxon declared a non-financial interest in this item but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that his interest did not preclude his involvement in the discussion.

There had been circulated and were NOTED Minutes of meeting of the Caithness and North Sutherland Regeneration Partnership Advisory Board held on 18 June 2014.

24. Minutes
Geàrr-chunntas

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

i.     South PAC – 24 June, 2014
ii.    North PAC – 14 July, 2014
iii.    North PAC – 5 August, 2014
iv.   South PAC – 19 August, 2014
v.    North PAC – 16 September, 2014
vi.   South PAC – 30 September, 2014

25. Exclusion of the Public
Às-dùnadh a’ Phobaill

The Committee RESOLVED that, under Section 50A(4) of the Local Government (Scotland) Act 1973, the public be excluded from the meeting for the following items on the grounds that they involved the likely disclosure of exempt information as defined in Part 1 of Schedule 7A of the Act, the relevant paragraphs being shown.

26. Request from the Nevis Partnership for the Council to provide a Financial Guarantee
Iarrtas bho Chom-pàirteachas Nibheis airson Barantas Ionmhasail bhon a’ Chomhairle

Declaration of Interest:
Being personally acquainted with individuals involved in making the request under discussion, Mr G Farlow declared a non-financial interest in this item and, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, left the room for the duration of this item.

Paragraph 6

There had been circulated to Members only joint Report No. PDI-54/14 dated 27 October 2014 by the Director of Finance and the Director of Development and Infrastructure outlining a request received from the Nevis Partnership for the Council to provide a Financial Guarantee to underwrite an overdraft which the Nevis Partnership required to partly fund a series of environmental works under a programme called the Nevis Landscape Partnership.

After discussion, the Committee AGREED:

i.   that, in principle, the Council provide the requested Guarantee in order that the environmental works to be undertaken under the Nevis Landscape Partnership could be progressed, subject to conditions as detailed in the report and other considerations set out therein;
ii.  that the approach suggested in paragraph 6.3 of the report be strengthened; and
iii. to recommend that the Resources Committee consider establishing guidance on specific requirements which would have to be met before any future guarantees could be considered.

The Committee also NOTED that the Head of Environment & Development would monitor progress on the environmental works to which the Guarantee related.

27. Property Transactions Monitoring Report
Aithisg Sgrùdaidh Ghnothachasan Seilbhe

Declaration of Interest:
As a member of Old St Peter’s Kirk Preservation Association, Mr R Saxon declared a non-financial interest in this item but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that his interest did not preclude his involvement in the discussion.

Paragraphs 6 and 9

There had been circulated to Members only Report No. PDI-55/14 dated 13 October 2014 by the Director of Planning and Infrastructure providing Members with details of the General Fund and Property Account transactions approved by the Head of Property Partnerships and Corporate Property Asset Manager under delegated authority.  The report also advised Members on sales targeted for completion within the financial year 2014/15 and future years.

The Committee APPROVED the monitoring statements for the General Fund and Property Account transactions approved by the Head of Property Partnerships and Corporate Property Asset Manager under delegated authority, Budgeted Sales for 2013/14 and 2014/15, and Future Years Sales.

28. Restructuring of the Project Design Unit
Ath-structaradh Aonad Dealbhaidh nam Pròiseactan

Paragraphs 1, 6 and 9

There had been circulated to Members only Report No. PDI-56/14 dated 14 October 2014 by the Director of Development and Infrastructure presenting the proposed changes to the structure of the Project Design Unit following on from the recent Council restructuring which had seen the formation of the Development and Infrastructure Service.  Changes also aligned the staffing structure of the Project Design Unit to accord with the capital programme workload. 

The Committee APPROVED the restructuring proposals for the Project Design Unit contained as Appendix B to the report.

The meeting ended at 3.15 p.m.