Agendas, reports and minutes

Minutes of Meeting of the Planning, Development and InfrastructureCommittee held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Wednesday, 18 February 2015at 10.30a.m.

Present

Mr T Prag, Mrs H Carmichael, Mr J Crawford, Mr G Farlow, Mr C Fraser, Mr J Gray, Mr M Green, Mr R Greene, Mr R Laird, Mr B Lobban, Mr D Mackay, Mr T MacLennan, Mrs I McCallum, Mr G Phillips, Mr M Rattray, Mr I Renwick, Mr G Rimell, Mr R Saxon, Dr A Sinclair, Mr H Wood, Mr D Hendry, Dr D Alston

Non-Members also present:

Mrs I Campbell, Mr B Clark, Mrs M Davidson, Mr D Fallows, Mr J McGillivray, Mr D Millar

Officials in attendance:

Mr S Black, Director Development and Infrastructure
Mr M MacLeod, Head of Planning and Building Standards
Mr G Hamilton, Head of Environment and Development
Mr A Maguire, Head of Property Partnerships
Mr C Howell, Head of Infrastructure
Mr F MacDonald, Acting Head of Property
Mr A McCann, Economy and Regeneration Manager
Mr S Dalgarno, Development Plans Manager
Ms N Wallace, Environment Manager
Mr A Webster, Regeneration Adviser
Mr B MacKinnon, Employability Team Leader
Mr M Mitchell, Finance Manager
Mr K Murray, Gaelic Development Manager
Ms L Clarke, Planner
Mr C Simpson, Principal Tourism and Film Officer
Dr S Turnbull, Coastal Planning Officer
Mr J Bromham, Aquaculture Development Officer
Mr D Cowie, Principal Planner
Mrs L Dunn, Principal Committee Administrator
Ms L Lee, Committee Administrator
Mr S Taylor, Administration Assistant

Also in attendance:

Mr N Ross, Head of Community Growth, Highlands and Islands Enterprise (Item 8)
Ms M Mackintosh, Chief Executive, Highland Opportunity Limited (Item 9)

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

Preliminaries
Ro-fhiosrachadh

The Committee NOTED and welcomed that:

• the Council was working with Highlands and Islands Enterprise to seek a buyer for MacKellar Sub-Sea Limited, which had recently gone into administration, in order that 97 jobs would be retained in the Highlands; and
• the Interactive Wind Farm map would be launched on 18 February 2015;
• Scottish Quality Award in respect of Planning for Major Developments Pre-applications.

1. Apologies for Absence
Liesgeulan

Apologies for absence were intimated on behalf of Mr J Gordon and Mr M Reiss.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

The Committee NOTED the following declarations of interest:

• Item 5 – Mr D Millar (non-financial)
• Item 9 – Mr D Fallows, Mr B Lobban, Mr T MacLennan, Mr T Prag (all non-financial)
• Item 10 – Mr R Laird (non-financial)
• Item 15 – Mr T Prag (non-financial)
• Item 14 – Mrs M Davidson (non-financial) (declared during the item)
• Item 16 – Mr R Laird (non-financial)
• Item 22 – Mr R Greene (financial)
• Item 24 – Mr R Green and Mr G Farlow (both non-financial).

3.  Presentation by Community Broadband Scotland
Taisbeanadh le Community Broadband Scotland

The Committee NOTED that the presentation had been postponed, but would be rescheduled for a future meeting date.

4.  Revenue Budget - Monitoring 2014/15
Buidseat Teachd-a-steach – Sgrùdadh 2014/15

There had been circulated Report No. PDI-1/15 dated 19 January 2015 by the Director of Development and Infrastructure providing information on the revenue monitoring position for the period to 31 December 2014.

During discussion, concern was expressed at the anticipated £154,000 overspend in Director and Business Team activity for the year.  In response, the Director of Development and Infrastructure confirmed that this was largely due to the upgrading of the Planning Service’s IDoc system, which was a one-off cost, and would be off-set by higher than anticipated fee income.

The Committee APPROVED the Development and Infrastructure monitoring report to 31 December 2014.

5. Property Revenue Maintenance Budget for 2015/16 – Proposed Budget Allocation
Buidseat Obair-ghlèidhidh Teachd-a-steach Seilbhe airson 2015/16 – Riarachadh Buidseit a Thathar a’ Moladh

Declaration of Interest:

Having a family member involved with carrying out contract work for the Council, Mr D Millar 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-2/15 dated 30 January 2015 by the Director of Development and Infrastructure setting out proposals for the allocation of the 2015/16 Property Revenue Maintenance Budget using the same basis as had been adopted in previous financial years.

During discussion, the following issues were raised:-

• Concern was expressed at the level of expenditure within the Skye Ward programme and the Chairman recommended that officers attend a future Ward Business Meeting to explain the reasoning behind some of the expenditure;
• Concern was also expressed at the condition of the public toilets in Uig and Broadford, particularly the disabled access toilets, and that the Council might be in breach of legislation/disability regulations. A suggestion was made that Radar Keys should be fitted to disabled access toilets to ensure they were secure but remained accessible; and
• Responding to queries on the budget, it was clarified that there had been an increase in budget for Engineering Service Contracts due to the age of the properties being managed, increased planned maintenance would reduce the cost of unplanned/reactive repairs; and that costs in respect of pre-painting and painting repairs would appear separately within the finalised maintenance programme.

The Committee APPROVED the proposed work categories, budget allocations and project proposals for the 2015/16 Property Revenue Maintenance Budget.

6. Capital Expenditure Monitoring – 1 April 2014 to 31 December 2014
Sgrùdadh Chaiteachais Chalpa – 1 Giblean 2014 gu 31 Dùbhlachd 2014

There had been circulated Report No. PDI-3/15 dated 6 February 2015 by the Director of Development and Infrastructure inviting Members to approve the capital expenditure monitoring position for the period from 1 April 2014 to 31 December 2014.

During discussion, the following issues were raised:-

• Clarification was sought on the availability of resident engineers in relation to the A832 Slattadale Widening.  In response, the Head of Infrastructure advised that there had been issues with site supervision due to the practicalities of employing agency staff during “peaks and troughs” and that this could be dealt with through the development of a pool of Council relief staff;
• Confirmation was sought, and received, that concerns raised by Ross, Strathpeffer and Lochalsh Ward Members in relation to works taking place during the middle of the tourist season on the Achnasheen Road Restraint System had been considered, and that further information would be reported to Ward Members in due course;
• Concern was expressed at the lack of developer contributions to the proposed link road in Portree; and
• In relation to the Vacant and Derelict Land Fund, Members welcomed work undertaken in relation to individual projects, including the demolition of the former petrol filling station in Aviemore and the demolition of the former Abattoir in Dornoch, and thanked the Regeneration Advisor and his team for their work.

The Committee:

i. APPROVED the capital expenditure monitoring position for the period 1 April 2014 to 31 December 2014;
ii. AGREED that authority be delegated to the Director of Development and Infrastructure, in consultation with the Chair, and Vice Chair, of the Planning, Development and Infrastructure Committee, to agree the detail of the 2015/16 VDLF Draft Delivery Plan for submission to the Scottish Government; and
iii. APPROVED the utilisation and development of a pool of Highland Council relief staff, to allow the reduction in the use of agency staff and consultants.

7. Planning Performance Framework and Quarter 3 Performance Review
Frèam Dèanadais Dealbhaidh agus Ath-bhreithneachadh Dèanadais Cairteil 3

There had been circulated Report No. PDI-4/15 dated 3 February 2015 by the Director of Development and Infrastructure advising Members on the delivery of the Development Management, Building Standards and Development Plan services for the 3rd Quarter of 2014/15.  The report also updated the Committee on feedback received from the Scottish Government on the Council’s Planning Performance Framework.

Arising from the report the Head of Planning and Building Standards advised of a correction to the Benchmark Performance Figures for 2014/15 Quarter 2 for Local Planning Applications (Appendix 1).  He confirmed that the corrected figures for Scotland during Quarter 2 should read: - No. Applications – 7,989; Average Time without Legal Agreement (weeks) – 9.8; Average Time with Legal Agreement (weeks) – 56.6; Overall Average Time (weeks) – 10.4.

The Committee NOTED:

i. the performance updates across the Development Management, Building Standards and Development Plans teams, as well as the feedback received from the Scottish Government on the Planning Performance Framework; and
ii. the amended figures provided in the Benchmark Performance Figures for 2014/15 Q2 for Local Planning Applications table (Appendix 1).

8. Presentation: Economic and Social Value of Gaelic as an Asset
Taisbeanadh: Luach Eaconamach agus Sòisealta na Gàidhlig mar Sho-mhaoin

There had been circulated Report No. PDI-5/15 dated 7 January 2015 by the Director of Development and Infrastructure advising that The Highland Council, together with partners, commissioned independent consultants to consider, evaluate and robustly evidence the current and potential use of Gaelic as an asset to the economy and society of the Highlands and Islands, and of Scotland as a whole. The report informed Members of the findings of the study and outlined a number of its key conclusions.

A presentation was given by Mr Neil Ross, Head of Community Growth, Highlands and Islands Enterprise providing an overview of the study’s findings.  The presentation focused on responses received from businesses to the study and what they identified as the key benefits of using Gaelic; the economic value of Gaelic; and the opportunities available to promote Gaelic as an asset.

During discussion, the opportunities to use of Gaelic as an economic and social asset were emphasised, in particular, the opportunity to establish international partnerships and learn from their experience of using Gaelic to improve their economic position.  In response, Mr Ross drew attention to the Council’s engagement with Nova Scotia and the work of the British-Irish Council around native language and highlighted the opportunity to explore this further.

The Chairman thanked Mr Ross for his presentation and the Gaelic Development Manager for the report.

The Committee NOTED the contents of the report, and AGREED to support the ongoing promotion of the Gaelic language as an economic and social asset through the delivery of the Council’s Gaelic Language Plan.

9. Business Gateway
Slighe Gnothachais

Declarations of Interest:

As directors of the Board of Highland Opportunity Limited, Mr D Fallows, Mr B Lobban, Mr T MacLennan 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-6/15 dated 2 February 2015 by the Director of Development and Infrastructure updating Members on performance with the Business Gateway contract for Quarter 3, 2014/15.  The report provided further details on the development of an application for ERDF European Programme that aimed to add value to the Business Gateway service, and to the business support activity funded by the Council. The report also addressed contractual arrangements with Highland Opportunity Limited post 1 April 2015.

The Committee NOTED:

i. performance for the third Quarter of the Operational Year 2014/15; and
ii. progress towards the securing of 2014-2020 ERDF Programme finance for the establishment of a Business Gateway Local Growth Accelerator Programme in the Highlands and Moray.

10. Employability Services – Update and Internal Audit Report
Seirbheisean Cosnaidh – Cunntas as Ùr agus Aithisg In-sgrùdaidh

Declaration of Interest:

As Chair of 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.

There had been circulated Report No. PDI-7/15 dated 3 February 2015 by the Director of Development and Infrastructure which provided an update on the 2013 Internal Audit report on the Employability Service and offered a brief comment on the emerging European Social Fund (ESF) Programme 2014-2020.

During discussion, concern was expressed at the European Commission’s approach to ESF funding and the financial impact of this on third sector organisations at the end of the year.  In response, the Employability Team Leader advised that the Council was in dialogue with organisations currently affected by ESF and that it was looking increasingly likely that further contingency arrangements would be required.

The Committee:

i. NOTED the findings of the 2013 Internal Audit report on the Employability Service;
ii. NOTED progress with preparations for the 2014-2020 European Social Fund Programme; and
iii. AGREED authority be delegated 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 Employability budget for the new ESF Programme 2014-2020, and to respond to any interim requests for Third Sector funding if ESF funds were not secured for activity or were delayed in their availability.

11. European Engagement
Ceangal Eòrpach 

There had been circulated Report No. PDI-8/15 dated 4 February 2015 by the Director of Development and Infrastructure providing Members with an outline of planned activity for the European Team in 2015/16.  It included closure of current projects, the development of new projects and project activity, partnership governance arrangements and Council involvement in European network activities.

During discussion, the following issues were raised:-

• The potential reopening of Broadford Airport was highlighted as a major project that could benefit from European funding.  In response, the Economy and Regeneration Manager drew attention to the range of funding opportunities available outside of the European Structural Investment Funding programme and advised that the Council’s priority was to ensure that it was responsive to these opportunities;
• The Council’s influence on the governance of funding was highlighted and a request for further information was made on the Council’s representation on the 2014-20 European Structural Fund programme committees.  In response, the Director of Planning and Infrastructure advised that the Joint Programme Monitoring Committee (on which he was the Council representative) monitored expenditure of the European programme in Scotland and that the Highland and Islands Territorial Group would help to direct activity within the Highlands and Islands;
• The competitiveness of European funding was emphasised and that the Council should continue to concentrate its efforts on influencing the funding opportunities available; and
• It was recommended that the proposal within the report to cut the Council’s involvement in the governance of inter-regional programmes – Northern Periphery, and Cross border Irish/Scottish Programmes be withdrawn.

The Committee NOTED and APPROVED the planned activity for the European Team in 2015/16, subject to the withdrawal of the proposal within the report to cut the Council’s involvement in the governance of inter-regional programmes – Northern Periphery, and Cross border Irish/Scottish Programmes.

12. Development Plan Scheme 2015
Sgeama Plana Leasachaidh 2015

There had been circulated Report No. PDI-9/15 dated 15 February 2015 by the Director of Development and Infrastructure outlining the content of the annual Development Plan Scheme (DPS) which provided an up to date position on progress in preparing and reviewing the Development Plan for Highland, and informed people how and when they could get involved.  This year the format of the DPS had been updated and was presented as a Development Plans Newsletter.  This intended to make it more useful and appealing to communities and stakeholders.

In speaking to the report, the Development Plans Manager advised that reference to the relevant Local Area Committee meeting dates and ongoing work on the Conservation Area Management plans would be included within the Development Plans Newsletter.

The Committee APPROVED the Development Plans Newsletter as the 2015 DPS for submission to Scottish Ministers and publication on the Council’s website, subject to the inclusion of reference to the relevant Local Area Committee dates and ongoing work on the Conservation Area Management Plans.

13. Onshore Wind Energy Supplementary Guidance – Review
Iùl Leasachail Lùth Gaoithe Air-cladaich – Ath-sgrùdadh

There had been circulated Report No. PDI-10/15 dated 4 February 2015 by the Director of Development and Infrastructure presenting the Onshore Wind Consultation Paper (Onshore Wind CP) which marked the latest stage in reviewing the Council’s Onshore Wind Energy Supplementary Guidance. The draft document presented initial issues and ideas for amending the Guidance and outlined the suggested next stages of the review.

With reference to a presentation, the Principal Planner drew attention to the main points in the report.  He also referred to the Interactive Wind Farm map which would allow the public to view detail of windfarms and wind turbines in Highland, and would go live on the Council’s website from that day.

Members welcomed the report indicating that the forthcoming Guidance, if prepared as outlined, would be helpful when determining planning applications for onshore wind energy developments, especially in relation to cumulative impact.  The Guidance was discussed in depth, with issues raised including: community capacity; cumulative impact; noise constraints and the need to be aware of and seek to influence wider national energy policy.  Members also considered that the document would benefit from a “scene-setting” introduction, and perhaps the use of colour / other formatting, and made a number of suggestions for issues that could be explored at the proposed Member Workshop.

In particular, a number of questions were raised regarding the relationship between Highland Council and Scottish Planning Policy (SPP), in instances where there were differences between Highland and National Policies.  The Principal Planner advised that it was for the Officer or Committee determining any particular application to decide the relative weight to be given to any material considerations (including SPP) relative to each other and to the Development Plan, having regard to the dates of the respective publications.  With reference to specific issues, he informed Members that:

• the SPP 2km Community Separation Distance did not indicate a “no-go” area - its function was to flag up to developers that there were likely to be issues arising from proximity of residential areas; furthermore, impact on housing could be considered irrespective of whether or not properties lay within a settlement development area boundary;
• whereas SPP precluded the inclusion of Special Landscape Areas (SLAs) within spatial frameworks for onshore wind energy, Policy 57 of the Highland-wide Local Development Plan nevertheless required developers to take cognisance of  SLAs and there would be opportunity, through the forthcoming review of the Plan, for Members to consider whether the policy context for consideration of SLAs was sufficient;
• the proposal that a “shadow flicker assessment” should be required for regularly occupied buildings within a distance equal to 11 times rotor diameter to the nearest turbine, as opposed to the 10 times set out previously in Scottish Government advice, was to take account of locally flat land and lower sun in the North; there would be opportunity through the consultation for comments on the proposal and any associated evidence to be submitted and considered by the Council; and
• for ease of use, a version of the initial draft spatial framework mapping at larger scale and on an Ordnance Survey base would be made publicly available.

The Committee AGREED:

i. the Onshore Wind Consultation Paper in Appendix 2 to the report for public consultation, and for officers to make any presentational and typographical changes considered necessary in consultation with the Chair prior to publication; subject to:

• clarifying the consultation question on community separation distance for the spatial framework with regard to the context provided by Scottish Planning Policy and which communities were therefore covered, together with the inclusion of a reference to how communities not covered by that could nevertheless be taken into consideration in the guidance;
• the inclusion of “scene-setting” information at the start of the document, such as the existing capacity (Mw) and the Scottish Government targets; how many turbines were existing/ approved/ proposed;
• inclusion of a reference to the desire for the full impact of a wind energy development to be explained as far as possible at the planning application stage, including information on intentions for connection to the grid;
• thought being given, prior to publication, to formatting and use of colour in the document, for clarity;

ii. the next steps outlined in section 4 of the report, including that a Member workshop be held before the summer recess and that the formal draft Onshore Wind Energy Supplementary Guidance be brought to the Committee on 19 August 2015;
iii. that discussion at the Member Workshop include the scope and extent of options that the Council could consider for its wind energy guidance, given the context provided by Scottish Planning Policy, e.g. in relation to community separation distance; and
iv. that issues relating to wider energy policies, such as Scotland’s future energy demands and how these could be met, should not be discussed at the Member Workshop.

14. Consultation on the Future of Land Reform in Scotland
Co-chomhairle mu Àm Ri Teachd Ath-leasachadh Fearainn ann an Alba

Declaration of Interest:

As a member of the Big Lottery Scottish Land Fund Committee Member, Mrs M Davidson 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 her interest did not preclude her involvement in the discussion.

There had been circulated Report No. PDI-11/15 dated 30 January 2015 by the Director of Development and Infrastructure introducing the Scottish Government consultation on the future of land reform in Scotland.  A short extension to the closing date had been granted to permit consideration by the Highland Council.  The report also proposed priorities for land reform for discussion at the forthcoming Convention of the Highlands and Islands next meeting.

Members welcomed the consultation and emphasised the importance of land reform.   Points raised in discussion included that:

• the legislation surrounding Common Good funds was often out of date;
• as the largest Scottish landowners, Scottish Government and Forestry Commission land should be included within the consultation -  new models of community ownership for such lands should be developed;
• the level of land ownership uptake in the Highlands was lower than in the Western Isles, with sporting estates remaining largely intact – there was a need to look at new ways in which democracy could be brought closer to the community level; and
• discussion of land reform in a Workshop setting had allowed greater scrutiny than if this had taken place at a Committee.

In response to questions raised relating to the Crown Estate (CE), Members were given an assurance that the Council was actively working to ensure that the share of Scottish CE revenues devolved to the Highlands (approximately £2.5m) would be secured; this figure was expected to increase as off-shore energy progressed.  Whilst it was the intention for these monies to be further devolved to communities, and whilst Council Policy supported this, there were practicalities around the way this could be done.

The Committee:

i. APPROVED the draft response at Appendix 1 of the report, subject to:

• Question 6 being amended to include reflection of comments made in discussion relating to the need to look at Scottish Government owned land, including Forestry Commission land, and to explore new models of community ownership for these;
• wording being inserted at Question 31 to indicate the need for the legal framework which surrounded Common Good Funds to be reviewed, in particular in relation to the 1975 Acts and the use of common borough areas which were often no longer appropriate; and the status of Trustees; and

ii. APPROVED the priorities for discussion, as set out in section 3.2 of the report, at the next meeting of the Convention of the Highlands and Islands subject to the addition of:

• discussions in respect of the Crown Estate also examining the responsibility for the management of Crown Estate assets being devolved to local authorities; and
• Scottish Government owned land (including Forestry Commission land) being included in the consultation.

15. Development of Tornagrain – Establishment of a Statutory Conservation Body
Leasachadh Thòrr na Grèine – Stèidheachadh Buidheann Glèidhteachais Reachdail

Declaration of Interest:

As a Director of Inverness Airport Business Park Board, (MEDCO being joint owners of the Business Park), 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-12/15 dated 2 February 2015 by the Director of Development and Infrastructure introducing the proposed establishment of a Statutory Conservation Body (The Tornagrain Conservation Trust) to oversee and secure the design principles and qualities envisaged for the future development of Tornagrain.  The proposal had been developed by Moray Estates Development Company (MEDCO), which had applied to Scottish Ministers for the establishment of the Conservation Body.  While Highland Council was already a statutory conservation body and planning authority, MEDCO was seeking Council support for the proposal and partnership in the application currently being progressed.

The Head of Environment and Development having summarised the report, the Committee AGREED:

i. in principle to support the establishment of The Tornagrain Conservation Trust to oversee the future development of Tornagrain in partnership with the Highland Council and the community at Tornagrain;
ii. to remit ongoing support for the proposal to the Director of Development and Infrastructure in consultation with the Committee Chair; and
iii. that the Council become a member of The Tornagrain Conservation Trust on the approval of the Conservation Body by Scottish Ministers.

16. Inverness Townscape Heritage Project
Pròiseact Dualchais Cruth-baile Inbhir Nis

Declaration of Interest:

As Chair of Inverness Townscape Heritage Project, 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.

There had been circulated Report No. PDI-13/15 dated 2 February 2015 by the Director of Development and Infrastructure outlining progress during the development phase of the Inverness Townscape Heritage project and also the proposed governance and management arrangements for the project.

The Regeneration Advisor summarised the report and informed Members that the date of a future consultation event was 10 March, rather than 19 February as stated in the report.  It was further requested that the Conservation Area Management Plan be circulated to the Townscape Heritage Steering Group.

i. NOTED progress with the preparation of the Heritage Lottery Fund Stage 2 Townscape Heritage bid; and
ii. AGREED an allocation of £550,000 from the Town and Countryside Regeneration, and Inverness City Developments allocations within the approved Development and Infrastructure Capital Programme 2014/15 – 2017/18, for the Inverness Townscape Heritage project; and
iii. AGREED that the Townscape Heritage Steering Group be given early sight of the Conservation Area Management Plan.

17. Inshes and Raigmore Development Brief
Brath Leasachaidh nan Innseagan agus an Ràthaig Mhòir

There had been circulated Report No. PDI-14/15 dated 15 January 2015 by the Director of Development and Infrastructure seeking final approval to adopt the Inshes and Raigmore Development Brief as statutory Supplementary Guidance.  Following approval by the City of Inverness Area Committee and submission to Scottish Government, this final version for adoption incorporated modifications requested by Scottish Ministers.

The Committee AGREED the Inshes and Raigmore Development Brief be adopted as statutory Supplementary Guidance to the Highland-wide Local Development Plan incorporating modifications requested by Scottish Minsters.

18. Highland’s Strategic Housing Investment Plan (SHIP) 2015-2020
Plana Tasgadh Ro-innleachdail Taigheadais na Gàidhealtachd 2015-2020 

There had been circulated Report No. PDI-15/15 dated 8 January 2015 by the Director of Development and Infrastructure seeking approval for Highland’s Strategic Housing Investment Plan (SHIP) which set out proposals for affordable housing investment during 2015–2020.

In response to questions raised, Members were provided with information on the provision of affordable housing for older people, how demand was monitored, and flexibility within the allocation process.  It was further reported that more one-bedroom units were being developed following the introduction of the under occupancy charge.

As this was a new subject area to the Committee, a number of other general questions were raised and the Head of Property Partnerships advised he would provide additional background information in future reports, showing activity over a longer period of time, and gave an assurance that targets would be met.

The Committee: 

i. APPROVED the Strategic Housing Investment Plan as submitted to the Scottish Government in draft form;
ii. NOTED that the planned investment programme for 2016/17 would be reported to Committee when available; and
iii. AGREED that future reports include information on earlier building completions and planned developments, to provide the Committee with fuller background knowledge.

19. Tourism Development
Leasachadh Turasachd

There had been circulated Report No. PDI-16/15 dated 30 January 2015 by the Director of Development and Infrastructure which summarised the work undertaken by VisitScotland (VS) in relation to the 2013-14 Service Delivery Agreement, and proposed concluding a further Service Delivery Agreement with VisitScotland for 2015-16.

The Tourism Co-ordinator highlighted that the reduction in funding for Visitor Information Centres would affect the provision of this service.  VS would consult with the Council about changes proposed.  He also informed Members that VS would be bidding for ERDF (European Regional Development Fund) funding to support marketing activities.  If successful, this would double the value of the Council’s contribution in this regard.

The Committee:

i. AGREED to authorise the Director of Development and Infrastructure to conclude a Service Delivery Agreement with VisitScotland for 2015/16 incorporating the activities detailed in the report;
ii. APPROVED a payment to VisitScotland of up to a maximum £145,000 for the financial year 2015-16; and
iii. AGREED that Members be advised of any significant changes to the operation/opening hours of Visitor Information Centres in their area.

20. Major Events Fund
Maoin Thachartasan Mòra

There had been circulated Report No. PDI-17/15 dated 2 February 2015 by the Director of Development and Infrastructure which provided background on the transfer of the Highland Culture Fund to the Development and Infrastructure Service, and made recommendations on its future use, including providing support to the Scottish 6-day Orienteering Championships 2015.

The Tourism Co-ordinator drew attention to the main points of the report, in particular the reduction in budget and the actions being taken in response to this.  In response to questions, Members were advised that the funding was only available for major events which would attract press and TV coverage, or to kick-start a new aspect of an existing event.

Members having emphasised the legacy value of events such as the Scottish Open, the Committee:

i. APPROVED the proposals detailed in section 2 of the report on the future use of the Highland Major Events Fund;
ii. AGREED to delegate authority to the Director of Development and Infrastructure in consultation with the Chair, to open an Event Innovation Challenge Fund when funds were available; and
iii. APPROVED a payment of £25,000 to support the hosting of the Scottish 6-day Orienteering Championships 2015. 

21. Aquaculture Supplementary Guidance
Iùl Leasachail Tuathanais Uisge

There had been circulated Report No. PDI-18/15 dated 6 February 2015 by the Director of Development and Infrastructure introducing draft Aquaculture Supplementary Guidance for approval for consultation.  The Guidance provided a clear policy framework for making planning decisions to support environmentally, economically and socially sustainable aquaculture development in Highland in appropriate locations.  It also aimed to streamline the process of preparing, submitting and determining aquaculture planning applications for aquaculture development by ensuring that all relevant information was provided by developers at the outset.

The Coastal Planning Officer summarised the report, and explained that whilst the Guidance identified areas of greater environmental sensitivity, this did not mean that these were “no-go” areas, rather that there were places where additional consideration was required.  In discussion, Members were strongly supportive of the proposals, which would help them, when considering planning applications, to balance arguments for economic development with the need for environmental protection and sustainability. 

Having been advised that freshwater sites included, for example, hatcheries and freshwater recirculation sites, the Committee:

i. APPROVED the draft Aquaculture Supplementary Guidance for full public consultation; and
ii. AGREED that the Supplementary Guidance be offered to the Cairngorms National Park Authority for information.

22. Marine Scotland – 2014 Consultation on the Management of Inshore Special Areas of Conservation and Marine Protected Areas
Marine Scotland – Co-chomhairle 2014 mu Rianachd Raointean Sònraichte Glèidhteachais Ri Cladach agus Raointean Mara fo Dhìon

Declaration of Interest:

As Chairman of the North West Scotland Inshore Fisheries Group, Mr R Green declared a financial interest in this item and left the room for the duration of the item.

There had been circulated Report No. PDI-19/15 dated 4 February 2015 by the Director of Development and Infrastructure providing details of the above consultation, and setting out the proposed Highland Council response to Marine Scotland for homologation at Appendix 1 to the report.  It detailed, for the Highland area, the relevant Marine Protected Areas and Special Areas of Conservation included in the consultation, and summarised the management measures proposed by Marine Scotland.  A summary of the draft Council response was included in Section 2 of the report, with the full version provided at Appendix 1 to the report.

With reference to a presentation, the Aquaculture Development Officer summarised the main points of the report.  The main thrust of the Council’s response was that the management measures as proposed did not go far enough to protect species and habitats. 

In response to points raised in discussion, Members were advised that, although pulse trawling was prohibited under European law, a pilot was nonetheless being undertaken by the Netherlands; and that, whilst setting a limit to catches might be easier to administer, closing an area and licencing creels provided greater control.

Members reported that they had been lobbied by mobile fishing operators, who had concerns regarding the continuity of fishing over generations, the lack of scientific evidence, and the speed of change.  In response, the Aquaculture Development Officer gave an assurance that local meetings had been held with the mobile fishing operators and their views heard.  Whilst accepting that there was no scientific evidence that mobile gear damaged the sea bed, he described the impact of dragging such gear over a tarmac car-park, which gave a strong indication of what was likely to happen on the sea bed.  There were many stakeholders in the marine environment and a balance was needed.  He was of the view that the Council’s response provided this balance.

The Committee:

i. NOTED the content of the consultation documents and the preferred management measures for MPAs / SACs put forward in the consultation and summarised within the report; and
ii. HOMOLOGATED the response submitted to Marine Scotland subject to the addition of points made in discussion that:

• notwithstanding that pulse trawling was illegal, its unacceptability as a means of fishing should be emphasised; and
• Marine Scotland be asked to further investigate mechanisms for regulation of creel fishing in MPAs and SACs in order reduce the likelihood of any future increased pressure from this activity resulting in adverse impacts to the features of interest.

23. Highland LEADER Programme
Prògram LEADER na Gàidhealtachd

There had been circulated Report No. PDI-20/15 dated 2 February 2015 by the Director of Development and Infrastructure providing an update on the 2013 Internal Audit report on the Highland LEADER 2007-13 Programme and offering a brief comment on the emerging LEADER Programme 2014-2020.

The Committee NOTED:

i. the findings of the 2013 Internal Audit report into the Highland LEADER Programme 2007-13; and
ii. progress with preparation for the 2014-2020 Highland LEADER Programme.

24. EFF Axis 4 Internal Audit Report and programme update
Aithisg In-sgrùdaidh agus Cunntas as Ùr air Prògram Aiseil 4 Maoin Iasgaich na h-Alba

Declarations of Interest:

As a member of KIMO and of the North West Highland Fisheries Local Action Group (FLAG), and, as a member of KIMO and of Euromontana, Mr R Green and Mr G Farlow respectively declared non-financial interests in this item but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, both concluded that their interests did not preclude their involvement in the discussion.

There had been circulated Report No. PDI-21/15 dated 2 February 2015 by the Director of Development and Infrastructure. The report provided a brief update of the progress of the Axis 4 European Fisheries Fund (EFF) in Highland and detailed the outcome of recent Internal Audit report presented to Audit and Scrutiny Committee on 20 November 2014.

The Committee NOTED the:

i. good progress being made on the delivery of the EFF Axis 4 Fund in Highland; and
ii. findings, conclusions and recommendations of the Internal Audit report and progress against the agreed action plan.

25. Internal Audit Report – Uniform System
Aithisg In-sgrùdaidh – Siostam Cunbhalach

There had been circulated Report No. PDI-22/15 dated 6 February 2015 by the Director of Development and Infrastructure which recorded the findings of an internal audit review of the Uniform System.

The Committee NOTED the findings of the Internal Audit report on the Uniform System.

26. Caithness and North Sutherland Regeneration Forum – Minutes
Fòram Ath-bheothachaidh Ghallaibh agus Chataibh a Tuath – Geàrr-chunntas

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 Forum held on 2 October 2014.

27. Minutes
Geàrr-chunntas

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

i. North PAC – 14 October 2014
ii. South PAC – 21 October 2014
iii. North PAC – 11 November 2014
iv. South PAC – 18 November 2014
v. South PAC – 23 December 2014

28. 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 item on the grounds that they involved the likely disclosure of exempt information as defined in Paragraphs 6 and 9 of Part 1 of Schedule 7A of the Act.

29. Proposed Excambion of Land for Road Improvements on the A861 between Kinnacarra and Dyrnie Hill, Kinlochmoidart
Moladh airson Talamh Iomlaideachadh airson Leasachaidhean Rathaid air an A861 eadar Ceann na Carraigh agus Cnoc Dhroighnidh, Ceann Loch Mùideart

There had been circulated to Members only Report No. PDI-23/15 dated 2 February 2015 by the Director of Development and Infrastructure seeking approval to release surplus land following a road widening scheme and at the same time secure land for a future road improvement by means of excambion and additional payment to the Council in accordance with valuations advised by the District Valuer’s Office.

The Committee APPROVED the excambion agreement between Highland Council and Kinlochmoidart Estate for the areas of land indicated in drawing reference HRS7129-kmmc-28-03-2012-01_revC.

30. Property Transactions Monitoring Report
Aithisg Sgrùdaidh Ghnothachasan Seilbhe

There had been circulated to Members only Report No. PDI-24/15 dated 2 February 2015 by the Director of Development 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.

The meeting ended at 2.50 p.m., having adjourned for lunch between 1.10 and 1.45 p.m.