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, 17 February 2016, at 10.30am.

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
Leisgeulan

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. Revenue Budget Monitoring Statement to 31 December 2015
Aithris Sgrùdaidh Buidseat Teachd-a-steach gu 31 Dùbhlachd 2015

There is circulated Report No. PDI/01/16 by the Director of Development and Infrastructure providing information on the revenue monitoring position for the period to the end of December 2015. 

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

4. Capital Expenditure Monitoring to 31 December 2015
Sgrùdadh Caiteachais Chalpa gu 31 Dùbhlachd 2015

There is circulated Report No. PDI/02/16 by the Director of Development and Infrastructure inviting the Committee to approve the capital expenditure monitoring position for the period from 1 April 2015 to 31 December 2015 and to approve the continuation of work on the B9091 Clephanton Bends Improvement scheme.

The Committee is asked to approve:

i. the capital expenditure monitoring position for the period 1 April 2015 to 31 December 2015; and
ii. the continuation of work on the B9091 Clephanton Bends Improvement scheme.

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

There is circulated Report No. PDI/03/16 by the Director of Development and Infrastructure advising Members on the delivery of the Development Management, Building Standards, and the Development Plan services for the 3rd Quarter of 2015/2016.  The report also seeks homologation of the Council’s response to the ongoing Scottish Government Review of the Planning System.

The Committee is asked to:

i. note the performance updates across the Development Management, Building Standards and Development Plans teams; and
ii. agree to homologate the Council’s response to the Review of Planning and consider whether there are any further points that should be raised during the oral evidence session.

6. Business Gateway
Slighe Gnothachais

There is circulated Report No PDI/04/16 by the Director of Development and Infrastructure which updates Members on performance with the Business Gateway contract for Quarter 3, 2015/16, and seeks Members agreement on the Council’s representative on Business Loans Scotland Limited.

The Committee is asked to note:

i. performance for the 3rd Quarter of the operational year 2015/16; and
ii. agree that a senior officer from the Development and Infrastructure Service represent the Council on Business Loans Scotland Limited.

7. Highland Opportunity Limited Review
Ath-sgrùdadh air Cothroman na Gàidhealtachd Earranta

There is circulated joint Report No. PDI/05/16 by the Director of Development and Infrastructure and the Highland Opportunity Ltd (HOL) Company Secretary which advises that on 4 November 2015, the Committee considered the Financial Statements of Highland Opportunity Ltd for the year 2014/15. The report also reported annual performance and included reference to the shareholder review of HOL requested by the HOL board. The report updates Members on the outcome of the shareholder review and early progress on implementation of the review outcomes.

The Committee is asked to:

i. note the outcome and recommendation of the HOL board regarding the voluntary winding up of HOL;
ii. agree the recommendation that the transfer the Business Gateway, Opportunity Loan Fund and Princes Trust services be transferred to the Highland Council for future management and delivery; and
iii. agree to receive further updates on progress during 2016.

8. Employability Services
Seirbheisean Cosnaidh

There is circulated Report No. PDI/06/16 by the Director of Development and Infrastructure which provides an update on the 2014-2020 European Programmes for employability related activity and seeks delegated decision making authority linked to the 2016/17 Deprived Area Fund.

The Committee is asked to:-

i. note the ongoing delays with European Social Fund (ESF) funds for employability and role of the Council in supporting this activity; and
ii. agree to delegate authority to the Director of Development and Infrastructure, in consultation with the Chair of Planning, Development and Infrastructure Commitee, to make decisions, if required, on the allocation of the Deprived Area Fund 2016/17 ahead of the appropriate Local Committee to enable activity to commence early in April 2016.

9. Stromeferry Bypass Route Option Appraisal - Update
Measadh Roghainnean Seach-Shlighe Aiseag an t-Sròim – Cunntas às Ùr

There is circulated Report No. PDI/07/16 by the Director of Development and Infrastructure advising that the original STAG reports were prepared for the Stromeferry Bypass project following extensive public and statutory consultations.  These have been submitted to Transport Scotland for consideration of a possible Scottish Government funding contribution.  The STAG reports submitted to Transport Scotland included corridor improvement to the local road network which went beyond solving the problem of the immediate area prone to landslides and rock falls. Transport Scotland have indicated that if any Scottish Government assistance were to be considered for the scheme it would  only include those parts which satisfy the more targeted Transport Planning Objectives to overcome the rockfall area. The STAG is therefore being re-drafted to address only those areas which achieve these revised Transport Planning Objectives. Greater emphasis is also being placed on the social and economic context for the scheme and its impacts on a fragile rural area.

In order to satisfy Transport Scotland’s request, the northern route (Bridge) option will no longer consider a bypass of Lochcarron as part of the proposal and the southern route will terminate at Attadale, thus reducing costs.  The comparison of costs and benefits therefore is between the competing options which solve the rock fall problem.  The revised STAG will be submitted, following this committee approval, at the end of February.  The Leader of the Council has sought a meeting with Derek Mackay, Minister for Transport and Islands to discuss the possibility of Government funding contribution following the targeted STAG submission to Transport Scotland.

The Committee is invited to:-

i. approve the submission of the targeted STAG to Transport Scotland; and
ii. note that a meeting with Derek Mackay, Minister for Transport and Islands, is being sought to discuss potential Scottish Government funding assistance for the Stromeferry Bypass.

10. Development Plan Scheme 2016
Sgeama Plana Leasachaidh 2016

There is circulated Report No. PDI/08/16 by the Director of Development and Infrastructure which outlines the content of the annual Development Plan Scheme (DPS) which provides an up to date position on progress in preparing and reviewing the Development Plan for Highland, and tells people how and when they can get involved.  We have retained the ‘Newsletter’ format for this document following its introduction last year.  This aims to make it more useful and appealing to our communities and stakeholders.

Members are asked to approve the Development Plans Newsletter as the 2016 DPS for submission to Scottish Ministers and publication on the Council’s website.

11. Pilot Pentland Firth & Orkney Waters Marine Spatial Plan: Update on Final Plan
Plana Pìolatach Farsaingeachd Mara Uisgeachan a’ Chaoil Arcaich agus Arcaibh

There is circulated Report No. PDI/09/16 by the Director of Development and Infrastructure which introduces the final Pilot Pentland Firth and Orkney Waters Marine Spatial Plan.  It is supported by the draft Consultation Analysis and Modifications Report following consultation on the draft Plan.  The documents have been jointly prepared by Marine Scotland, Orkney Islands Council and the Highland Council.

The Committee is asked to:-

i. agree the final Pilot Pentland Firth and Orkney Waters Marine Spatial Plan, prior to approval by Scottish Ministers;
ii. agree that any minor changes be made to the Plan are delegated to the Director of Development and Infrastructure in consultation with the Chair of the Planning, Development and Infrastructure Committee; and
iii. subject to approval by Scottish Ministers in March 2016, agree that the Pilot Pentland Firth and Orkney Waters Marine Spatial Plan is adopted as non-statutory planning guidance.

12. European Engagement 2016
Com-pàirteachas Eòrpach 2016

There is circulated Report No. PDI/10/16 by the Director of Development and Infrastructure which apprises Members with a brief review of the activities undertaken by the European team in 2015, and the proposals for 2016, including membership of European networks. The report also notes the review of the Highlands and Islands European Partnership which will see the closure of the Brussels office, European engagement being delivered via membership of Scotland Europa and a locally based officer. The report closes by proposing a review of activity to reflect future Council structures and resourcing.

The Committee is asked to note the contents of this report and approve the:-

i. continued engagement with the Scottish Government to expedite the implementation  of the ESIF programmes as set out at 3.3;
ii. restructuring of the Highlands & Islands European Partnership (HIEP) as set out at 6.2;
iii. Council acting as host for the local Highlands & Islands European Partnership officer as set out at 6.7;
iv. retention of membership of European networks as set out at 7.3; and
v. revision of Council priorities regarding European engagement to reflect the Council budget and resourcing as set out at 9.1.

13. Review of Trading Standards Services – Update and Implications
Ath-sgrùdadh air Seirbheisean Inbhean Malairt – Cunntas às Ùr agus Buaidhean

There is circulated Report No. PDI/11/16 by the Director of Development and Infrastructure which provides an overview of recent and ongoing reviews by CoSLA, and both the Scottish and UK Governments, of Trading Standards’ service provision, and provides an opportunity for members to consider, and take a view on, some of the potential implications for future service provision in Highland.

The Committee is asked to:-

i. note the detail and progress of the various reviews;
ii. consider the potential implications of the reviews on Trading Standards service provision in Highland;
iii. consider how best to ensure future Trading Standards provision satisfies the needs of Highland communities and businesses; and
iv. agree that the needs of Highland Councils consumers and businesses are best addressed by:  

o maintaining effective operational trading standards capacity and capability in our more remote rural communities;
o ensuring that specific consumer issues and business needs are addressed in the development of any future service delivery solution, the setting of service standards and priorities; and
o seeking engagement with neighbouring authorities on future service delivery goals and potential service sharing opportunities.

14. Consultation on the Draft Land Use Strategy for Scotland 2016-2021: Highland Council Response
Co-chomhairle mu Dhreachd Ro-innleachd Cleachdadh Fearainn airson Alba 2016-2021: Freagairt Chomhairle na Gàidhealtachd

There is circulated Report No. PDI/12/16 by the Director of Development and Infrastructure summarising the Council’s response to the Scottish Governments’ draft Land Use Strategy for Scotland 2016 – 2021.

The Committee is asked to agree to homologate the response submitted on behalf of THC on 29th January 2016 and highlight any further comments that will be submitted post the consultation deadline.

15. Cromarty Firth Port Authority – Ship to Ship Oil Transfer Application
Ùghdarras Puirt Linne Chromba – Iarrtas airson Ola a Ghluasad bho Shoitheach gu Soitheach

There is circulated Report No. PDI/13/16 by the Director of Development and Infrastructure which introduces an application made by the Port of Cromarty Firth to permit ship to ship oil transfers from moorings close by the Sutors of Cromarty, within the Port Authority area (Appendix 1).

The report supporting the application is available via the link in the report. Intertek consulted us on the application and a response, submitted on behalf of Highland Council, is included at Appendix 2.

The Committee is invited to consider the Port of Cromarty Firth ship to ship oil transfer application and agree to homologate the response submitted on behalf of Highland Council.  Any additional comments will be forwarded to the MCA following Committee consideration.

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

There is circulated Report No. PDI/14/16 by the Director of Development and Infrastructure advising that on 18 February 2015 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. 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.

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

17. 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 25 September, 2015.

18. Minutes
Geàrr-chunntas

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

i. South PAC – 29 September 2015
ii. North PAC – 27 October 2015
iii. South PAC – 10 November 2015
iv. South PAC – 14 December 2015

19. 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.

20. Request from 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/15/16 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.

21. Property Transactions Monitoring Report
Aithisg Sgrùdaidh Ghnothachasan Seilbhe

Paragraphs 6 and 9

There is circulated to Members only Report No. PDI/16/16 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 advises Members on sales concluded in 2015/16, sales targeted for completion within the financial year 2015/16 and future years.

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.

22. Housing Development Investment
Tasgadh ann an Leasachadh Taigheadais

Paragraphs 6 and 9

There is circulated to Members only Report No. PDI/17/16 by the Director of Development and Infrastructure seeking approval for land transactions which will enable further development of affordable housing.

The Committee is asked to approve the recommendations detailed in the report.

23. River Ness Flood Alleviation Scheme Update 
Cunntas às Ùr mu Sgeama Casg Thuiltean Abhainn Nis 

Paragraph 6

There is circulated to Members only Report No. PDI/18/16 by the Director of Development and Infrastructure providing an update in respect of the River Ness Flood Alleviation Project.

The Committee is asked to note the update.

24. Notification of Compensation payable for losses under the terms of The Flood Prevention Order and Flood Prevention (Scotland) Act 1961 concerning South West Inverness Flood Relief Channel Flood Prevention Scheme 2006
Clàradh Fiosrachaidh mu Airgead-dìolaidh ri phàigheadh airson call fo theirmean Òrdugh Casg Thuiltean agus Achd Casg Thuiltean (Alba) 1961 a thaobh Sgeama Casg Thuiltean Amar-uisge Faochadh Thuiltean Inbhir Nis an Iar-dheas 

Paragraph 9

There is circulated to Members only Report No. PDI/19/16 by the Director of Development and Infrastructure which informs Members of valuations by the District Valuer Services.

The Committee is asked to note the valuation of the compensation due in connection with the South West Inverness Flood Relief Channel Flood Prevention Scheme 2006.

25. Inverness City/ Region Deal Update
Cunntas às Ùr mu Chùmhnant Baile/Sgìre Inbhir Nis

Paragraph 9

There is circulated to Members only Report No. PDI/20/16 by the Director of Development and Infrastructure providing an update on progress with developments in relation to the City/Region Deal since the last update to Council on 3 September, 2015.

Members are asked to note the update, and agree to delegate authority to the Chief Executive, in consultation with the Leader of the Administration and Leader of the Opposition, to approve the heads of terms agreement.