Agendas, reports and minutes

A meeting of the Planning, Development and Infrastructure Committee will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness, on Wednesday, 4 November 2015, at 10.30 am.

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

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

Yours faithfully

Michelle Morris
Depute Chief Executive/
Director of Corporate Development

1. Apologies for Absence
Liesgeulan

2. Declarations of Interest
Foillseachaidhean Com-pàirt

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

3. Presentation – Annual Update on Activities of the Caithness and North Sutherland Regeneration Partnership
Taisbeanadh – Cunntas Bliadhnail mu Ghnìomhachd Com-pàirteachas Ath-bheothachaidh Ghallaibh agus Chataibh a Tuath

A presentation will be given by Mr Eann Sinclair, Caithness and North Sutherland Regeneration Partnership (CNSRP) Programme Manager, providing an update on activities of the CNSRP.

4. Revenue Budget Monitoring Statement to 30 September 2015
Aithris Sgrùdaidh Buidseat Teachd-a-steach gu 30 An t-Sultainn 2015

There is circulated Report No. PDI/59/15 dated 26 October 2015 by the Director of Development and Infrastructure providing information on the revenue monitoring position for the Planning and Development Service for the period to the end of September 2015 and the projected year end position.

The Committee is asked to approve the report and the attached monitoring statement which shows the revenue position for the period to 30 September 2015.

5. Capital Expenditure Monitoring to 30 September 2015
Sgrùdadh Chaiteachais Chalpa gu 30 An t-Sultainn 2015

There is circulated Report No. PDI/60/15 dated 26 October 2015 by the Director of Development and Infrastructure inviting Members to approve the capital expenditure monitoring position for the period from 1 April 2015 to 30 September 2015 and to approve acceleration of the replacement of the B9090 White Bridge.

The Committee is asked to approve:

i. the capital expenditure monitoring position for the period 1 April 2015 to 30 September 2015; and
ii. the acceleration of the replacement of the B9090 White Bridge at an estimated cost of £2.250m.

6. Town & Countryside (Planning & Development) Capital Programme
Prògram Calpa a’ Bhaile & na Dùthcha (Dealbhadh & Leasachadh)

There is circulated Report No. PDI/61/15 dated 16 October 2015 by the Director of Development and Infrastructure providing an update on capital allocations within the Town & Countryside (Planning & Development) Capital Programme to 2023/2024.  These projects are recommended in support of the Council’s ‘Highland First’ priorities including, in particular, projects with the potential for new ways of working with communities.  The programme also supports the Service commitment to improve the benefits derived by communities from our countryside assets and facilities.

The Committee is asked to note the contents of the report and agree the proposed project allocations.

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

There is circulated Report No. PDI/62/15 dated 19 October 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 2nd Quarter of 2015/16.  The report also updates Members on feedback received from the Scottish Government on the Council’s Planning Performance Framework, which was submitted in July of this year. 

The Committee is asked to note the performance updates across the Development Management, Building Standards and Development Plans teams, as well as the feedback on the markers of good performance.

8. Caithness and Sutherland Local Development Plan
Plana Leasachadh Ionadail Ghallaibh agus Chataibh

There is circulated Report No. PDI/63/15 dated 19 October 2015 by the Director of Development and Infrastructure presenting the Caithness and Sutherland Proposed Local Development Plan (CaSPlan) for approval by the Committee.  This latest stage in preparing the Plan takes account of feedback gathered through consultations on a Main Issues Report held between October 2014 and February 2015, and an Additional Sites and Issues Consultation held between March and April 2015.  In preparing this plan officers have also been guided by the Caithness and Sutherland Area Committee who agreed an interim position on the matters raised in these previous consultations.

In accordance with the Council’s Scheme of Delegation, this Committee is now asked to approve the Proposed Plan as the settled view of the Council, subject to finalising environmental assessments, to enable a full public consultation to be undertaken.  The Committee is also asked to approve the accompanying Proposed Action Programme as a basis for discussion and working up with Community Planning Partners and other key parties, for publication and consultation alongside the Proposed Plan.

The Committee is invited to:-

i. note the summary of responses to the Main Issues Report and Additional Sites and Issues consultations, the interim position that was agreed by the Area Committee and agree the responses proposed, as shown in Appendix A to the report;
ii. agree the Proposed Plan as set out in Appendix B to the report for an eight week public consultation commencing January 2016, subject to minor post-Committee changes including formatting, typographic and illustrative amendments and any consequential amendments following completion of the associated environmental assessments, agreed in consultation with the Chair of this Committee;
iii. approve the accompanying Proposed Action Programme set out in Appendix C to the report, for discussion and working up with Community Planning Partners, Key Agencies, parties named in the Action Programme and Scottish Ministers, and subsequent publication for consultation alongside the Proposed Plan; and
iv. acknowledge that the Proposed Plan as approved, being the settled view of the Council, will be treated as a material planning consideration for development management purposes as of 4 November 2015.

9. Muirtown and South Kessock Development Brief 
Brath Leasachaidh Bhaile an Fhraoich agus Cheasag a Deas

There is circulated Report No. PDI/64/15 dated 16 October 2015 by the Director of Development and Infrastructure seeking approval to adopt the Muirtown and South Kessock Development Brief as statutory Supplementary Guidance, following approval by the City of Inverness Area Committee subject to finalisation of Habitats Regulation Appraisal and submission to Scottish Ministers.

The Committee is asked to agree:

i. subject to finalisation of the Habitats Regulation Appraisal by officers, including any modifications to the Development Brief, that the Muirtown and South Kessock Development Brief be submitted to Scottish Ministers for consideration as per the statutory process for adoption of Supplementary Guidance; and
ii. to the adoption and issuing of the submitted version of the Muirtown and South Kessock Development Brief as statutory Supplementary Guidance upon completion of the requisite 28 day period for consideration by Scottish Ministers, subject to their being no directions from Ministers indicating otherwise.

10. Action Programme for the Inner Moray Firth Local Development Plan
Prògram-gnìomh airson Plana Leasachaidh Ionadail Linne Mhoireibh A-Staigh

There is circulated Report No. PDI/65/15 dated 12 October 2015 by the Director of Development and Infrastructure informing the Committee of the Council’s publication of the Inner Moray Firth Local Development Plan Action Programme.

The Committee is asked to:

i. agree to homologate approval and publication of the Inner Moray Firth Local Development Plan Action Programme; and
ii. approve an early update and publication of the Action Programme to incorporate any relevant items from the Council’s capital programme following the outcome of the Council meeting on 29 October 2015, along with any feedback from this meeting.

11. Planning Appeals Update
Cunntas às Ùr mu Ath-thagraidhean Dealbhaidh

There is circulated Report No. PDI/66/15 dated 20 October 2015 by the Director of Development and Infrastructure providing Members with a summary of appeal decisions by the Directorate for Planning and Environmental Appeals from 1 April 2014 to 1 September 2015.  The report also provides an overview of decisions made by the Planning Review Body.

The Committee is asked to note the outcomes of appeals as detailed in the report.

12. Trading Standards Annual Performance Review 2014/15
Ath-sgrùdadh Coileanadh Bliadhnail nan Inbhean Malairt 2014/15

There is circulated Report No. PDI/67/15 dated 15 October 2015 by the Director of Development and Infrastructure providing Members with the opportunity to review the work of Trading Standards during 2014/15. The production and reporting to committee for approval is a commitment under the Development and Infrastructure Service Plan (ref. OSR.9). The opportunity has also been taken to include within the body of the report to update Members on some current developments affecting Trading Standards.

The Committee is asked to note the current developments affecting Trading Standards and to approve the Trading Standards Annual Performance Review 2014/15.

13. Business Gateway
Slighe Gnothachais

There is circulated Report No PDI/68/15 dated 12 October 2015 by the Director of Development and Infrastructure updating Members on the Business Gateway contract for Quarter 2, 2015/16.  The report also provides an update on progress with the development of the Local Growth Accelerator Programme, a proposed European Regional Development Fund (ERDF) Programme aimed at increasing the amount of support currently available to support growth businesses in the Highlands.

The Committee is asked to:

i. note performance for the Second Quarter of the Operational Year 2015/16;
ii. note progress in relation to the ERDF Application for financial assistance towards the development of the Local Growth Accelerator Programme; and
iii. approve funding of up to £1,183,783.50 over three years as match funding from the Development and Infrastructure, Business Gateway and Employability revenue budgets, towards projects to be part funded by the European Regional Development Fund.

14. Employability Services 
Seirbheisean Cosnaidh                                                                                                    

There is circulated Report No. PDI/69/15 dated 9 October 2015 by the Director of Development and Infrastructure which, in the context of a transformational change facing employability services in Scotland, sets out a refreshed purpose and approach for the Council’s Employability Team before seeking Members approval of match funding for projects to be resourced from the European Social and Regional Development Funds and homologation of the response submitted to the Scottish Government Employability Support Consultation Paper.

The Committee is asked to:-

i. approve the refreshed purpose and activity plan of the Employability Team;
ii. homologate the Council’s response to the Scottish Government Consultation on Employability Support; and
iii. approve funding of up to £1,856,295 over four years as match funding from the Development and Infrastructure Employability revenue budget towards projects to be part funded by the European Social Fund and European Regional Development Fund.

15. Employee Survey 2015
Suirbhidh Luchd-obrach 2015

There is circulated Report No. PDI/70/15 dated 15 October 2015 by the Director of Development and Infrastructure outlining the key findings and proposes improvement action priority areas to be addressed by the Development and Infrastructure Service in response to the views expressed by staff within the Service in the 7th Highland Council Employee Survey.

The Committee is asked to note the:

i. Development and Infrastructure Service results from the 7th Employee Survey; and
ii. timescale for the development of the Service Improvement plan.

16. Housing Development Initiatives
Iomairtean Leasachadh Taigheadais

There is circulated Report No. PDI/71/15 dated 6 October 2015 by the Director of Development and Infrastructure seeking approval for use of the Landbank Fund to finance the site preparation works at Torvean, Inverness and forward fund part of Albyn Housing Society’s development programme for 2015/16. This report also seeks approval to include a further two projects within the new build housing investment programme, consent to purchase the land required to undertake the projects and to the disposal of land for development of affordable housing by partner organisations. The report also seeks approval for a mixed tenure affordable housing project in Inverness.  The proposals contained within the report will assist in the meeting the Council’s overall affordable housing target of 1,700 new affordable houses by 2017.

The Committee is asked to agree:

i. that loan funding of up to £1.3m be offered to Albyn Housing Society on terms and conditions to be agreed by the Director of Development and Infrastructure;
ii. that loan funding is approved of £1.98m for the site preparation works at Torvean housing project, noting that the previous loan agreed of £1.7m for the purchase may not be required due to an agreement in principle to fund the purchase from the Scottish Government;
iii. subject to consent of Scottish Ministers, that land extending to approximately 1.385ha at Duror be sold to The Highlands Small Communities Housing Trust and Lochaber Housing Association for nil consideration, on terms and conditions to be agreed by the Director of Development and Infrastructure;
iv. subject to consent of Scottish Ministers, that land extending to approximately 0.034ha at Carrieblair Crescent, Edderton be sold to The Highlands Small Communities Housing Trust for nil consideration, on terms and conditions to be agreed by the Director of Development and Infrastructure;
v. that the Council enter into Design and Build contracts, required to secure the affordable housing on two sites in Alness, detailed within section 5 of this report, and that the land required for the development is purchased, on terms and conditions to be agreed by the Director of Development and Infrastructure; and
vi. Landbank loan funding to HHA for ten new mid-market rent properties at Kiltarlity for £495,000, subject to Resources Committee approval for the use of prudential borrowing for the same project on 25 November 2015.

17. Purchase of Site at Blar Mor, Fort William for Homologation
Ceannach Làraich aig a’ Bhlàr Mhòr, An Gearasdan airson Aonta Oifigeil

There is circulated Report No. PDI/72/15 dated 27 October 2015 by the Director of Development and Infrastructure which details the purchase of the Blar Mor site at Fort William by the Council, working with NHS Highland and the University of the Highlands and Islands.

The Committee is asked to agree to homologate the purchase of the Blar Mor site from Tesco.

18. Smithton & Culloden and Caol Flood Protection Schemes
Sgeamaichean Dìon Thuiltean Bhaile a’ Ghobhainn & Chùil Lodair agus a’ Chaoil

There is circulated Report No. PDI/73/15 dated 7 October 2015 by the Director of Development and Infrastructure advising Members on the progress of two Flood Protection Schemes namely Smithton and Culloden, and Caol, and seeks approval to publish draft documents for consultation.

The Committee is invited to note the draft drawings and description of Operations, for the Smithton and Culloden, and Caol Flood Protection Schemes and approve the publication of these for formal consultation.

19. A890 Balnacra to Lair Road Scheme
Sgeama Rathaid A890 Beul-àth na Crà gu Làire

There is circulated Report No. PDI/74/15 dated 12 October 2015 by the Director of Development and Infrastructure presenting the proposed A890 Balnacra to Lair road scheme.  The scheme comprises 5.8km (3.6 miles) of new single carriageway road to replace an existing narrow single track section.  Previous design work on the scheme looked at three route options.  A preferred option was progressed following public consultation and an options appraisal.  The design of the preferred option was further developed until work stopped in 2010 following deletion of the scheme from the Capital Programme.

At the meeting of the Planning, Development and Infrastructure Committee on 3 June 2015, the scheme was named as a Major Road improvement within the Council’s 10 year capital programme.

The report summarises the previous design work and sets out how the scheme can now be progressed.

The Committee is asked to approve:

i. the ‘red’ route as the Council’s chosen route option; and
ii. that the scheme progress through the following stages:

• planning application
• land acquisition
• detailed design

The Committee is also asked to note that approval for budget allocation and construction programme will be sought following the detailed design and planning approval.

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

There is circulated Report No. PDI/75/15 dated 14 October 2015 by the Director of Development and Infrastructure presenting the annual progress report on the Biodiversity Duty Delivery Plan 2015/17. Members are invited to consider and approve the Highland Council’s Biodiversity Duty Delivery Plan Report 2015/16 (Appendix 1).

The Committee is invited to consider and approve the Highland Council’s Biodiversity Duty Delivery Plan Report 2015/16 (Appendix 1).

21. Tornagrain Conservation Trust – Appointment of Directors
Urras Glèidhteachais Thòrr na Grèine – Cur Stiùirichean an Dreuchd

There is circulated Report No. PDI/76/15 dated 16 October 2015 by the Director of Development and Infrastructure advising that on 18 February 2015 the Committee agreed to support the establishment of a proposed Conservation Body (Tornagrain Conservation Trust) to oversee the future development of Tornagrain in partnership with Highland Council and the community at Tornagrain. The Committee also agreed that the Council would become a member of the Trust on the approval of the Conservation Body by Scottish Ministers.

At the time the proposal was being developed for submission to the Scottish Government by Moray Estates Development Company (MEDCO). The proposal has now received a positive response from the Scottish Government and MEDCO has been asked to incorporate the company.

In line with the original proposal MEDCO requests the nomination of two Highland Council directors to the board of the Trust. Articles of Association for Tornagrain Conservation Trust are attached for reference at Appendix 1 to the report.

The Committee is invited to nominate two Highland Council directors to the board of Tornagrain Conservation Trust.

22. Highland Opportunity Limited 
Cothrom dhan Gàidhealtachd Eta

There is circulated Report No. PDI/77/15 dated 6 October 2015 by the Director of Development and Infrastructure providing a summary of Highland Opportunity Limited’s financial performance and activities during the financial year 2014/15.  In addition, it provides details of the Company’s recent performance against a range of targets set for it as part of its contract with the Council to deliver business support to Highland businesses.

The Committee is asked to:

i. note the performance of Highland Opportunity Limited and its Subsidiary Companies during 2014/15;
ii. accept the financial statements for year ending 31 March 2015 of Highland Opportunity Limited on behalf of the Council (Appendix 1); and
iii. note the shareholder review now underway and the scope of the review at Appendix 2 of the report.

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

There is circulated Joint Report No. PDI/78/15 dated 22 October 2015 by the Director of Finance and Director of Development and Infrastructure advising Members that Inverness Airport Business Park (IABP) Ltd.’s audited Annual Accounts for the year to 31 March 2015 have been received and assessed by the Council.  The outcome of the assessment is that the company’s financial position has weakened as at March 2015, partly due to development and marketing activity undertaken, and that there is no benefit to the Council commissioning an independent assessment of the company’s financial ability to pay at this time.  The report also highlights that an updated Business Plan will be received from Inverness Airport Business Park Ltd before Christmas 2015 and the outcome of the Council’s assessment of this document will be reported to a future Committee meeting.  Depending on the outcome of the assessment there may be a need to review its position on accounting and reporting the value of the debt in the Council’s 2015/16 Accounts.

The Committee is asked to:

i. note that IABP’s Audited Annual Accounts for the year to 31 March 2015 have been received by the Council;
ii. note the weaker position of the company in 2014/15;
iii. agree there would be no financial benefit from commissioning an independent assessment of IABP’s financial ability at this time;
iv. note that a revised Business Plan is due to be received by the Council before Christmas 2015;
v. note that a report will be made to Committee showing the outcome of the Council’s assessment of the Revised Business Plan; and
vi. note that, depending on the outcome of the Revised Business Plan, there may be a need to review the Council’s position on accounting and reporting the value of the debt in the Council’s 2015/16 Accounts.

24. Beinn Tharsuinn Windfarm Community Limited 
Coimhearsnachd Tuathanas Gaoithe na Beinne Tarsainn Eta

There is circulated Report No. PDI/79/15 dated 23 September 2015 by the Director of Development and Infrastructure detailing the activities of Beinn Tharsuinn Windfarm Community Limited during Financial Year 2014/15 and recommends that Members accept the Financial Statement 31 March 2015 on behalf of Highland Council.

The Committee is asked to:

i. note the activities of Beinn Tharsuinn Windfarm Community Limited; and
ii. accept, on behalf of Highland Council, the financial of Beinn Tharsuinn Windfarm Community Limited for the year ending 31 March 2015.

25. Section 11, Land Reform (Scotland) Act 2003 – Application for Order to Exempt Land from Access Rights, Gorteneorn – Ardnamurchan Estate
Earrann 11, Achd Ath-leasachadh an Fhearainn (Alba) 2003 – Iarrtas airson Òrdugh gus Fearann a Shaoradh bho Chòraichean Cothruim, An Goirtean Eòrna, Oighreachd Àird nam Murchan   

There is circulated Report No. PDI/80/15 dated 26 October 2015 by the Director of Development and Infrastructure presenting an application to exempt land from access rights, 2.4ha at Gorteneorn – Ardnamurchan Estate.

The Committee is asked to agree that the draft order contained in Appendix A to the report be put out to public consultation and thereafter forwarded to the Scottish Ministers for confirmation.

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

There is circulated for noting Minutes of meeting of the Caithness and North Sutherland Regeneration Forum held on 18 June 2015.

27. Minutes
Geàrr-chunntas

There  circulated separately in Booklet D for noting Minutes of the Planning Applications Committees (PAC) for:-

i. South PAC – 23 June 2015
ii. North PAC – 4 August 2015
iii. South PAC – 18 August 2015
iv. North PAC – 15 September 2015

Urgent Additional Item:
Application to register the names ‘Glencoe’ and ‘Glenfinnan’ as trademarks

There is circulated Report No. PDI/85/15 dated 2 November 2015 by the Director of Development and Infrastructure advising Members that The National Trust for Scotland already holds trademarks for a few of its sites. These are The Battle of Bannockburn site, the Soldier’s Leap at Killiecrankie and Culloden Battlefield. The Trust is now applying to register the names ‘Glencoe’ and ‘Glenfinnan’ as trademarks.

Local businesses have raised concerns that the registration of Glencoe and Glenfinnan as trademarks could impact negatively on their activity, could restrict future community led projects and may hamper efforts being made to secure the economy via the new Glencoe and Ben Nevis National Scenic Area management plan. 

The Committee is invited to agree that:

(i) a meeting is held at senior level with members, officers and representatives of the National Trust for Scotland in order to understand the motivation behind the application to register Glencoe and Glenfinnan as trademarks; and

(ii) following the meeting, if a formal response is required, it is delegated to the Director of Development and Infrastructure in consultation with the Committee Chair.

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

The Committee is asked to resolve 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 involve the likely disclosure of exempt information as defined in Part 1 of Schedule 7A of the Act, the relevant paragraphs being shown.

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

Paragraph 6

There is circulated to Members only Joint Report No. PDI/81/15 dated 26 October 2015 by the Director of Finance and the Director of Development and Infrastructure updating Members on a request received for a Council Guarantee from Nevis Partnership.  

The Committee is asked to agree the recommendations outlined in the report.

30. Property Transactions Monitoring Report
Aithisg Sgrùdaidh Ghnothachasan Seilbhe

Paragraphs 6 and 9

There is circulated to Members only Report No. PDI/82/15 dated 15 October 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 Committee is asked to approve 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 2015/16, and Future Years Sales.

31. Land and Property Report 
Aithisg Fearainn agus Chuid-seilbhe

Paragraphs 6 and 9

There is circulated to Members only Report No. PDI/83/15 dated 6 October 2015 by the Director of Planning and Infrastructure seeking approval to purchase part of a site to deliver 30 new affordable homes for older people as part of the overall purchase of the site.

The Committee is asked to agree the recommendations outlined in the report.

32. River Ness Flood Alleviation Scheme Update
Cunntas às Ùr mu Sgeama Bacadh Thuiltean Abhainn Nis

Paragraph 6

There is circulated to Members only Report No. PDI/84/15 dated 15 October 2015 by the Director of Planning and Infrastructure providing an update in respect of the River Ness Flood Alleviation Project.

The Committee is asked to note the update.