Agendas, reports and minutes

Minutes of Meeting of the Environment, Development and Infrastructure Committee held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 17 May 2018 at 10.30 am.

Present:

Mr R Balfour, Miss J Campbell, Dr I Cockburn, Ms K Currie, Mr C Fraser, Mr J Gray, Mr A Henderson, Mr A Jarvie (Substitute by video-conferencing), Mr R Laird, Mrs L MacDonald, Mr D MacKay, Mr W MacKay (by video-conferencing), Ms A MacLean, Mr D MacLeod, Mr R MacWilliam, Mr H Morrison, Mr M Paterson (Substitute), Mr I Ramon, Mr A Rhind, Mr D Rixson, Mrs T Robertson, Mr C Smith, Ms M Smith

Non-Members also present:

Mrs C Caddick, Mr K Gowans, Mr T Heggie, Mr B Lobban, Mr D MacPherson

In attendance:

Mr S Black, Director of Development and Infrastructure
Mr W Gilfillan, Director of Community Services
Ms C Campbell, Head of Performance and Resources, Community Services
Mr D Goldie, Head of Housing and Building Maintenance, Community Services
Mr C Howell, Head of Infrastructure, Development and Infrastructure Service
Mr F MacDonald, Head of Property Services, Development and Infrastructure Service
Mr M MacLeod, Head of Planning and Environment, Development and Infrastructure Service
Mr A Maguire, Head of Development and Regeneration, Development and Infrastructure Service
Mr B Porter, Head of Resources, Care and Learning Services
Mr A Summers, Head of Environmental and Amenity Services, Community Services
Ms T Urry, Head of Roads and Transport, Community Services
Mr S Duncan, Property Manager, Development and Infrastructure Service
Mr G Bull, Corporate Property Asset Manager, Development and Infrastructure Service
Mr A McCann, Economy and Regeneration Manager, Development and Infrastructure Service
Mr R Campbell, Estate Strategy Manager, Care and Learning Services
Mr M Mitchell, Finance Manager (Community Services/Development and Infrastructure), Corporate Resources
Ms N Wallace, Environment Manager, Development and Infrastructure Service
Ms N Drummond, Area Planning Manager – South/Major Developments
Ms M MacDonald-Dawson, Programme Manager-Alternatives to Out of Area Placements Care and Learning Services
Mr P Mascarenhas, Community and Democratic Engagement Manager
Mr D Mudie, Planning Team Leader, Development and Infrastructure Service
Mr K McCorquodale, Principal Planner, Development and Infrastructure Service
Mr A Puls, Principal Officer – Building Conservation and Environment, Development and Infrastructure Service
Mr D Summers, Principal Transport Officer, Community Services
Mr A Bentley, Principal Waste Management Officer, Community Services
Mr K Masson, Climate Change Officer, Chief Executive’s Office
Mr S Fraser, Head of Corporate Governance, Chief Executive’s Office
Mrs K Lyons, Principal Solicitor (Planning), Chief Executive’s Office
Miss J Maclennan, Principal Administrator, Chief Executive’s Office
Mrs C MacIver, Committee and Elections Officer, Chief Executive’s Office
Mr S Taylor, Administrative Assistant, Chief Executive’s Office

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

Mr A Henderson in the Chair

Business

Preliminaries

1. Apologies for Absence
Leisgeulan

Apologies for absence were intimated on behalf of Mrs J Barclay, Mr M Finlayson, Mr J Gordon and Mr A Sinclair.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

The Committee NOTED the following declarations of interest:-

Item 4 – Mr K Gowans (non-financial)
Item 7 – Mrs L MacDonald (financial)
Item 9 – Miss J Campbell, Mr G Gray, Mr R Laird and Mr R MacWilliam (all non-financial)
Item 10 – Mr R MacWilliam (non-financial)

3. Good News
Naidheachdan Matha

The Committee NOTED the items of Good News.

4. Notice of Amendment (Planning) – Planning Application (17/03396/FUL)
Brath Atharrachaidh (Dealbhadh) – Iarrtas Dealbhaidh (17/03396/FUL)

Mr K Gowans declared a non-financial interest in this item on the grounds that he had made public statements expressing his view regarding the application and left the chamber during determination of this item.

Application for Planning Permission for Discharge of Planning Conditions attached to planning consent Ref 11/04653/FUL, including those relating to house design, infrastructure and landscaping, proposed development of 16 houses.

At its meeting on 13 March 2018, the South Planning Applications Committee (SPAC) approved planning permission for the above application.  The following Notice of Amendment had then been lodged on 14 March 2018:

“We the undersigned, being Elected Members of the Highland Council, hereby declare our wish that the decision of the South Planning Applications Committee at its meeting on 13 March 2018 on the above application (Agenda Item 5.2) be reviewed at a Special Meeting of the Environment, Development and Infrastructure Committee (to be convened as soon as possible).

Signed: Mr G Cruickshank, Mr R MacWilliam, Mr R Balfour, Mr A Jarvie, Mr K Gowans, Mr R Laird, Mr B Allan and Mr B Boyd.”

In this context, there had been circulated Report No EDI/16/18 by the Director of Development and Infrastructure recommending that Members consider the Notice of Amendment (Planning) and thereafter determine planning application 17/03396/FUL.  The case officer’s assessment of the planning application was contained in the South Planning Applications Committee reports attached as Appendix 2 (a) and (b) to the report and the plans contained in Appendix 3.

The Chair reminded Members that, in order to take part in the decision, they required to be present for the whole of the item.

During presentation of the report and recommendation, it was confirmed that Plans 1 – 10, 16 and 17 contained within Appendix 3 of the report were recommended for approval.  It was also confirmed that a separate planning application (17/03395/FUL) for the upgrading of the access road had been approved by the South Planning Applications Committee and included a suspensive condition preventing commencement of the road works until planning permission for the design of the houses had been granted.

In response to a question, clarification was provided as to why the application was considered to be a local scale development and had not been determined as a major development.  The Clerk explained that the application had previously been submitted to the South Planning Applications Committee for determination at the discretion of the Area Planning Manager (South) and sought approval of the design details of houses on plots which had already been granted planning permission through a previous application submitted under the major applications process.  The application was considered to be a local scale development as, in terms of the Scottish Government Hierarchy of Developments in relation to housing, major developments were considered to comprise of 50 or more dwellings or the application site exceeded 2 hectares.  Whilst the applicant had provided an indication that the entire application site exceeded 2 hectares, under the terms of the area threshold, only the area subject to the construction of building, structures or erections should be taken into account; therefore, the proposed development fell below the 2 hectare threshold and the application had been processed as a local scale development.  It was emphasised that irrespective of whether the proposed development had been considered a major or local scale application, it had always been to the South Planning Applications Committee for determination and had not been determined under delegated powers.

In response to further questions, the following was confirmed:-

• the amendments to the original design of the affordable units which had been presented to the South Planning Applications Committee in March 2018 included:-
  • a reduction in the size of the soffits to reduce overhang; and
  • an enhanced design on the porch roof to help the units fit in with the rest of the development.
• whilst it was considered that the proposed affordable housing presented a variety of different styles, these would fit in with the rest of the site.

During discussion, Members’ comments included the following:-

• in emphasising the number of representations which had been received opposing the proposed development, it was highlighted that these referred to the decision taken by the Planning and Environmental Appeals Division (DPEA) in 2014 to permit planning consent for 16 houses following refusal of the original planning application by the South Planning Applications Committee in 2013;
• whilst it was acknowledged that the proposed houses could be of high quality build, concern was expressed that the proposed designs of the houses were not in keeping with the surrounding landscape;
• the proposed design resembled a standard suburban street and was not considered to be appropriate in the context of the nearby Culloden battlefield site;
• whilst the potential legal cost to the Council had previously been highlighted as a potential consequence should the application be refused and subsequently appealed, it was considered that this should not be an issue in the Committee’s determination of the application;
• in response to further comments regarding the original application for planning permission for 16 houses including how subsequent changes to the boundary for potential developments would have seen the application determined against different policy, it was emphasised that this had no relevance on the Committee’s determination as the application before Members was for the details of the houses and not the principle of development on this location;
• in welcoming the proposed upgrading of the access road should planning permission be granted, it was emphasised that the recommendation contained a number of conditions which could satisfy concerns raised;
• the principle of development in this location had already been approved and the proposed designs were considered acceptable;
• the agricultural buildings which had subsequently been demolished had been erected prior to planning regulations coming into force and should not be used as a guideline for the height of the proposed houses; and
• the building line was considered to be unsympathetic in the context of the surrounding area.

No consensus having been reached by the Members, Mr J Gray, seconded by the Chair, then moved that the application be granted subject to the conditions recommended in the report.

Mr A Jarvie, seconded by Mr R MacWilliam, moved as an amendment that the application be refused on the grounds that:-

• the proposed development does not conserve and enhance the character of the Highland area, nor does it ensure harmony with the surrounding natural landscape of the Conservation Area and furthermore, it compromises the natural environment and heritage resource in which it is located.
• these are not met due to inappropriate building proportions which fail to reflect and preserve the traditional character by reason of the disproportionate relationship of roof and massing to the height to wall head, insufficient use of traditional materials including only limited use of natural stone and use of non-traditional timber cladding, which as a result fails to enhance the character and appearance of the Conservation Area.
• Thus it is contrary to policy 10 of the Culloden Muir Conservation Area and accordingly policies 29 and 57 of the Highland wide local development plan.

On a vote being taken, twelve votes were cast in favour of the motion and eight votes in favour of the amendment, with no abstentions as follows:-

For the Motion:

Miss J Campbell; Mr J Gray; Mr A Henderson; Mrs L MacDonald; Mr D MacKay; Ms A MacLean; Mr D MacLeod; Mr H Morrison; Mr M Paterson; Mr A Rhind; Mrs T Robertson and Ms M Smith

For the Amendment:

Dr I Cockburn; Ms K Currie; Mr C Fraser; Mr A Jarvie; Mr R Laird; Mr W MacKay; Mr R MacWilliam and Mr C Smith

Decision

The Committee AGREED to GRANT planning permission in accordance with the recommendation set out in as set out in section 11 of the 30 January 2018 South Planning Applications Committee report (Appendix 2 (b)) and subject to Plans 1 – 10, 16 and 17 contained in Appendix 3.

5. Development and Infrastructure Service Revenue Budget – Near Final Outturn 2017/18
Buidseat Teachd-a-steach Seirbheis an Leasachaidh agus a’ Bhun-structair – Fìor Shuidheachadh Deireannach 2017/18

There had been circulated Report No. EDI/17/18 dated 8 May 2018 by the Director of Development and Infrastructure.

During discussion, Members made the following comments:-

• in highlighting a shortfall in income in catering, cleaning and facilities management, clarification was sought, and received, on what initiatives were being considered by the Service to address this income gap, such as enabling pupils to purchase food  within school premises and addressing a drop-off in pupils taking up school meals when going from free meals in Primary 1-3 into paid meals from Primary 4 onwards;
• following a request for information in relation to support for Council renewable projects, it was confirmed that a number of small scale wind energy developments had been considered unfeasible; however, significant investment in solar panels was proposed and it was anticipated that this could help address savings targets; and
• following a request for information on how an overspend on schools snow clearing would be managed, it was confirmed that discussions would take place between Services to address the general need to reduce pressures in the revenue budget and that proposals for the management of this would be reported to a future meeting of the Committee.

The Committee APPROVED the revenue budget near final outturn position for the year ended 31 March 2018.

6. Capital Expenditure – Final Outturn 2017/18
Sgrùdadh Caiteachais Chalpa

There had been circulated Report No. EDI/18/18 dated 8 May 2018 by the Director of Development and Infrastructure.

During discussion, Members made the following comments:-

• confirmation was sought, and received, that the Tain 3-18 Campus project had been included within the expenditure monitoring figures as the report reflected accumulative spending up to March 2018 and that capital expenditure for 2018/19 would reflect the newly approved Council capital programme which had been approved by the Council.  The 2018/19 capital programme will be reported to the next Environment, Development and Infrastructure Committee;
• in highlighting variances within the HRA Capital Programme, concern was expressed regarding the poor conditions some council house tenants were living in.  Reassurance was sought, and received, that the concerns raised regarding living conditions would be investigated and that a process for monitoring maintenance contracts was in place to help minimise slippage in the Programme;
• disappointment was expressed that the River Nairn and Auldearn Burn Flood Protection schemes would not be completed until 2024.  In response, it was suggested that the Head of Infrastructure attend a Ward Business Meeting to provide information on potential ways of moving these schemes forward and to look at the budget for them in more detail;
• concern was expressed that the review of slippage in Care and Learning would not be reported until the next meeting of the Committee in August;
• reassurance was sought, and received, that the new traffic impact assessment in Dingwall would be used to establish whether other potential road improvements in Dingwall could be grouped together with the Kinnairdie Link Road project or whether the impact to the road network would necessitate these traffic improvements to be undertaken individually;
• confirmation was sought, and received, that the accepted estimated date for the refurbishment project of Inverness High School was March 2020;
• confirmation was sought, and received that the Council’s Capital Programme would deliver a consistent and acceptable level of street lighting following the installation of LED lighting; and
• a request was made for information to be provided to Members on the Council’s Active Travel scheme.

The Committee:-

1. APPROVED the capital expenditure near final monitoring position for the year ended 31 March 2018;
2. APPROVED the allocation of the roads improvement match funding for 2018 to 2023 to the South Loch Ness Road Improvement Scheme; and
3. AGREED to investigate how information on Active Travel schemes could be provided to Members.

7. Development and Infrastructure Service Plan 2017-22
Plana Seirbheis an Leasachaidh agus a’ Bhun-structair 2017-22

Mrs L MacDonald declared a financial interest in this item on the grounds that she owned an area of land which had been earmarked for development of affordable housing in Nairn and left the room during discussion of the item.

There had been circulated Report No. EDI/19/18 dated 4 May 2018 by the Director of Development and Infrastructure.

During discussion, Members made the following comments:-

• a request was made for an update regarding the Vacant and Derelict Land Fund resources at Tank Farm, Invergordon;
• in highlighting the need to closely monitor the overall skills base available within the Highlands, it was suggested that there could be an opportunity for organisations to provide apprenticeships to young people during periods of development;
• with regard to future house building in Sutherland, confirmation was sought, and received, that any specific proposals suggested by local Members could be taken forward with the Highland Small Communities Housing Trust; and
• a request was made for an update regarding the proposed construction of a new care home in North West Sutherland in conjunction with NHS Highland.

The Committee APPROVED the draft Service Plan for 2017-22.

8. Planning Performance Framework and Quarter 4 Performance Review
Frèam Coileanadh Dealbhaidh agus Ath-sgrùdadh Coileanaidh Cairteal 4

There had been circulated Report No. EDI/20/18 dated 3 May 2018 by the Director of Development and Infrastructure.

During discussion, Members made the following comments:-

• confirmation was sought, and received, that not all enforcement activity required notices to be served as a satisfactory outcome could be achieved either by the submission of a planning application or through negotiations with the developer to resolve any issues; and
• a request was made for further information to be included in future reports on the number retrospective planning applications submitted to the planning service.

The Committee NOTED the performance updates for the Development Management, Building Standards and Development Plans teams.

9. Economy and Regeneration
Eaconamaidh agus Ath-ùrachadh

Declarations of Interest – Miss J Campbell and Mr R MacWilliam (as Members of Inverness City Heritage Trust and the Academy Townscape Heritage Project) Mr J Gray (as a member of Inverness City Heritage Trust) and Mr R Laird (as Chair of the Academy Street Townscape Heritage Project) declared non-financial interests in respect of this item as detailed but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that their interests did not preclude them from taking part in the discussion.

There had been circulated Report No. EDI/21/18 dated 1 May 2018 by the Director of Development and Infrastructure.

During discussion, Members made the following comments:-

• following a request for further information regarding the Regeneration Capital Grant Fund (RCGF), it was confirmed that there was a time-limit for organisations to apply for funding and that it was important for organisations to be mindful of what other partnership funding could be sought when submitting their application;
• in commending the work currently being undertaken by the Inverness Townscape Heritage Project, in particular in relation to Academy Street, it was emphasised that the condition of the surrounding built environment could influence how people felt about their locality and it was important to seek further opportunities for funding, including through Historic Environment Scotland, to improve the appearance and condition of buildings in the Highlands;
• a request was made for further detail regarding the 12 projects which had submitted applications for funding from the Rural Tourism Infrastructure Fund;
• following a request for information on whether there was a clearer pathway for groups to seek access to the Rural Tourism Infrastructure Fund, it was confirmed that community or third sector organisations could seek assistance from the Council on the best approach to securing regeneration funding;
• clarification was sought, and received, that the Rural Tourism Infrastructure Fund provided an opportunity for projects to apply for capital funding to help support infrastructure and maintain facilities;
• in commending the work undertaken by the Economy and Regeneration team, the importance of creating employment in rural areas and how the Council engaged with third sector groups when seeking funding was emphasised;
• whilst the approval of grant funding for a number of projects under the RCGF was welcomed, concern was expressed regarding the introduction of car parking charges and the detrimental impact this could have on local businesses;
• concern was expressed that the Inverness Townscape Heritage Project might not reach its full potential due to the attitude of some property owners on Academy Street who had been reluctant to engage with the Council to discuss potential improvements to buildings; and
• in response to a request for further information, it was confirmed that the Service Plan sought to develop opportunities within Inverness City Centre and that dangerous and defective building notices could be served on properties to improve their appearance; however, there was an element of risk to this as any works undertaken by the Council would be charged to the owner and there was potential that the owner would not pay up.

The Committee NOTED:-

1. the report and the key developments highlighted during quarter 4 and emerging activity; and
2. the increasing workload and the financial and reputational risks to the Council when securing and managing Scottish Government funding, on behalf of community and third sector organisations.

10. Housing Investment Report
Iomairtean Leasachaidh Taigheadais

Mr R MacWilliam declared a non-financial interest in this item as a Director of Highland Small Communities Housing Trust 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 him from taking part in the discussion.

There had been circulated Report No EDI/22/18 dated 8 May 2018 by the Director of Development and Infrastructure.

During discussion, Members made the following comments:-

• in highlighting increased pressure on the Council’s housing estates and the constraints encountered in obtaining suitable land for housing development in Inverness, confirmation was sought, and received that, other than compulsory purchases in areas zoned for housing development, the Council was limited as to the what other statutory powers it could potentially use to acquire land;
• it was requested that Members at Ward level be keep informed of any potential interest for developers seeking to construct housing as part of the Highland Affordable Housing Programme;
• it was emphasised that the reallocation of money to other projects should be made swiftly if projects were to be subsequently dropped from the Programme; and
• following comment regarding the number of projects proposed within Inverness in comparison with the wider Highland area, it was confirmed that the Programme reflected the housing needs throughout the Highlands as identified within the Council’s Housing Need and Assessment.

The Committee NOTED the affordable housing investment programme as set by the Scottish Government and AGREED:-

1. the 2018/19 indicative affordable housing programme as detailed within Appendix 1 of the report; and
2. that any proposed changes to the indicative affordable housing programme be discussed with the Chairman of Environment, Development and Infrastructure Committee and appropriate Local Members with the outcome of any discussions reported back to Committee in future reports.

11. Property Revenue Maintenance Budget 2018/19 Budget Allocation
uidseat Teachd-a-steach Càradh Thogalaichean 2018/19 Riarachadh Buidseit

There had been circulated Report No EDI/23/18 dated 27 April 2018 by the Director of Development and Infrastructure.

During discussion, Members made the following comments:-

• in highlighting concerns raised by parents regarding children falling on chipped floor tiling at Dalneigh Primary School, confirmation was sought, and received, that these concerns would be investigated;
• concern was expressed regarding the poor quality of teleconferencing and videoconferencing facilities following an upgrade in the system within the Chamber at HQ, and confirmation was sought, and received, that this would be investigated; and
• in welcoming a proposed increase in the maintenance budget allocation, it was highlighted that the budget would be spread out across a number of projects listed at Appendix B to the report.

The Committee APROVED the proposed work categories, budget allocations and project proposals for the 2018/19 Property Revenue Maintenance Budget.

The Committee broke for lunch from 1.20pm until 2.00pm

12. KIMO – Re-establishing Membership
KIMO

There had been circulated Report No EDI/24/18 dated 26 April 2018 by the Director of Development and Infrastructure.

The Committee NOTED the contents of the report and AGREED:-

1. to re-establish the Highland Council’s membership of KIMO;  and
2. having been duly proposed and seconded, to appoint Ms K Currie, Mr D MacLeod and Mrs T Robertson to represent the Highland Council on the UK KIMO board.

13. Shopfront Design Guide: Planning Guidance
Iùl Dealbhachaidh Aghaidh Bhùithtean: Stiùireadh Dealbhaidh

There had been circulated Report No EDI/25/18 dated 17 May 2018 by the Director of Development and Infrastructure.

During discussion, Members made the following comments:-

• advice should be given to businesses that were closing to avoid having unsightly empty shop fronts;
• the guidance was welcomed as was working with Business Improvement Districts (BIDs) to improve and enhance shop fronts;
• improvements needed to be carried out to promote and raise awareness;
• concern was expressed at the low priority given to disabled access and reference was made to work underway with the local access panel in Nairn;
• it was important to keep the document “live” and up-to-date; and
• large retailers such as supermarkets should be encouraged to conform with what would fit in to a conservation area.

The Committee APPROVED the finalised version of the Shopfront Design Guide: Planning Guidance for adoption as non-statutory supplementary guidance.

14. Highland Forest and Woodland Strategy 2018 (Consultation Draft)
Ro-innleachd Choilltean na Gàidhealtachd

There had been circulated Report No EDI/26/18 dated 1 May 2018 by the Director of Development and Infrastructure.

During discussion, Members made the following comments:-

• concern was expressed that outlooks from viewpoints were being obscured with trees i.e. Loch Maree; from the Fort William to Mallaig Jacobite Train and Loch Ness-side;
• future developments could go some way to reintroducing habitat for species that were under threat e.g. wild cats;
• bearing in mind the work they already undertook, particularly with broad leaf species, it was suggested that the Woodland Trust should also be included as a consultee;
• the breadth of the document, looking at issues as far ranging as health and employment, was to be commended and highlighted during the consultation; and
• ideally a public register should be maintained detailing the ownership of woodlands.   

Having been assured that additional comments raised by Members during the consultation period could be discussed directly with officers, the Committee otherwise APPROVED the ‘Highland Forest and Woodland Strategy’ for public release and an 8 week consultation.

15. Inverness Greenhouse Gas Inventory Report
Aithisg Maoin-chunntas Gas Taigh-ghlainne Inbhir Nis

There had been circulated Report No EDI/27/18 dated 30 April 2018 by the Director of Development and Infrastructure.

The Climate Change Officer reported the following minor corrections to his report:-

• that the second last sentence in item 2.1 of the report should be revised to read “Inverness” and not “Highland”; and
• the Inventory Area’s net emissions recorded under item 5.4 should be noted as 308,961 tCO2e and not 364,496 which is detailed in the report.

During discussion, Members made the following comments:-

• although Highland had a long history of renewable energy, it was still important to raise awareness and understanding to staff and the public on what changes needed to be made;
• bus companies needed to be engaged as to the part they could play in a low carbon economy;
• many communities were already trying to reduce carbon emissions, the Muir of Ord community fridge being cited as a specific example, and clarification was sought on how the proposed multi-agency Climate Change Working Group would feed into communities outwith Inverness; and
• it was emphasised that there was a significant demand for cycle routes.

The Committee NOTED the contents of the report and AGREED that:-

1. funding opportunities be explored to allow a greenhouse gas inventory to be prepared for the whole Highland region; and
2. a multi-agency Climate Change Working Group be established under the Highland Environment Forum to take forward priority actions identified in the Inverness GHG Baseline report.

16. Inverness Airport Business Park Ltd – Unsecured Loan Stock
Pàirc Gnothachais Port-adhair Inbhir Nis Eta – Stoc Iasaid Neo-thèarainte

There had been circulated Report No EDI/28/18 dated 30 April 2018 by the Director of Development and Infrastructure.

The Committee NOTED:-

i. the outcome of the review of the Loan Stock Instrument and in particular that there was:

1. no scope to take further action to recover the sum due within the current terms of the Loan Stock Instrument; and
2. little scope to vary the terms of the Instrument;

ii. the implications for repayment of the Council’s Outstanding Loan Stock

17. Scottish Government Consultation: Fees Charged for Applications under the Electricity Act 1989
Cìsean a Bhuilicheadh airson Iarrtasan fo Achd an Dealain 1989

There had been circulated Report No EDI/29/18 dated 20 April 2018 by the Director of Development and Infrastructure.

The Committee HOMOLOGATED the response provided to Scottish Government by the Head of Planning and Environment.

18. Disposals at Land Below Market Value – Policy
Cuidhteachaidhean fo Luach na Margaid –Phoileasaidh

There had been circulated Report No EDI/30/18 dated 10 April 2018 by the Director of Development and Infrastructure.

During discussion, Members made the following comments:-

• it was important that, when transferring assets, the Council were not left with any of the liabilities such as the responsibility for the costs and maintenance of grounds;
• while there might be enthusiasm for a community group to acquire an asset, it was iimportant that this was sustainable in the long term;
• reassurance was also sought that a full and robust evaluation was carried out to ensure that Members’ concerns on transfer proposals were taking into account and, other than those small disposals delegated to officers, details were brought back to Committee; and
• a consequence of the legislation could mean that public assets were lost to the wider population and transferred to smaller groups.

The Committee:-

1. NOTED the policy and guidance (Appendix A) entitled ‘Disposals of land for a consideration less than the best that can reasonably be obtained’ prepared in respect of the Internal Audit – Rental Income Audit 2016 (Ref: HEE03/001.bf) action for a policy on ‘rent waivers/reduction of rent’; and
2. AGREED that the policy and guidance be accepted as a Council policy

19. Community Asset Transfer – Annual Review
Gluasad So-mhaoin Choimhearsnachd – Ath-sgrùdadh Bliadhnail

There had been circulated Report No EDI/31/18 dated 30 April 2018 by the Director of Development and Infrastructure.

During discussion, Members made the following comments:-

• concerns were expressed that some in the community were not aware of the application for the asset transfer of the Northern Meeting Park.  The potential loss of use of green space could have a negative impact;
• an update was sought on the timeframes of asset transfers and that this be reviewed to develop a quicker process; and
• clarification was sought on how a community was defined.  

The Committee:

1. NOTED the levels of community interest in taking over assets, the nature of the assets and the basis communities sought control of them; and
2. AGREED that the summary of community asset transfer activity information outlined at Appendix 1 to the report be submitted to the Scottish Government as our Annual Report on Community Asset Transfer, as required under section 3 of the Community Empowerment (Scotland) Act.

20. Community Services Revenue Budget 2017/18 – Final Outturn 2017/18
Buidseat Teachd-a-steach nan Seirbheisean Coimhearsnachd 2017/18 – Fìor Shuidheachadh Deireannach 2017/18

There had been circulated Report No EDI/32/18 dated 8 May 2018 by the Director of Community Services.

During discussion, Members made the following comments:-

• the additional monies received from the Scottish Government to meet the additional expenditure incurred as a result of the adverse winter weather conditions was welcomed.  However, this represented only a small proportion of what was required;
• clarification was sought, and received, as to what the budget saving was on public conveniences and when the revised proposals were to be reported back to Members;
• there had been miscommunication with communities on toilet closures which had led to bad publicity.  Furthermore, it was important to review the closure of toilets located in scenic areas as this could negatively impact on tourism in the area’s affected;
• a request was made for an additional column to be included in revenue monitoring statements detailing the income generated from car parking fines;
• while acknowledging the overspend on winter, appreciation was expressed to the manual workers for their hard work;
• a concern was expressed that the reduced budget savings could negatively impact on street cleaning services;
• with the annual fee for the collection of residents’ garden waste increasing  from £30 to £35, it was questioned if this had resulted in a decrease in take-up of the service;
• an anomaly had arisen on the harbours budget heading due to the late receipt of income relating to the 2016/17 financial year.  Harbours had  achieved a break-even position in 2016/17 but, having reviewed that year’s financial position, a budget error had been identified and consequently rectified;
• an evaluation needed to be carried out on the workload and stress of staff working in Community Services.  In this regard, cognisance needed to be taken that the same level of service could not be provided as before and clarification was sought as to what areas of service had been affected;
• clarification was sought on the current policy for verge maintenance and, acknowledging the need to maintain sight lines, if grass cutting had been reduced along with the need for the use of pesticides and glyphosate weed killers;
• it was vital to communicate effectively with both the public and Scottish Government as to the Council’s position as a result of budget cuts and the need to raise income;  and
• the cuts and reduction in services had brought some communities together and they had set up their own initiatives ie. Auldearn and Cawdor were looking after their own community environments by grass cutting in public areas. 

Thereafter, the Committee:-

1. APPROVED the revenue budget near final outturn position for the year ended 31 March 2018;
2. AGREED that details of income from car parking charges and fines be included in a separate table within future reports; and
3. AGREED that details of a previously agreed saving on grass verge maintenance be recirculated to Members.

21. Community Services Performance Report – 1 April 2017 to 31 March 2018
Aithisg Choileanaidh nan Seirbheisean Coimhearsnachd – 1 Giblean 2017 gu 31 Màrt 2018

There had been circulated Report No EDI/33/18 dated 8 May 2018 by the Director of Community Services.

In discussion, tribute was paid to the exceptional work carried out by Community Services operatives in keeping the streets of Inverness clean.  However, reference too was made to potholes which had caused damage to vehicles and disappointment expressed that the compensation process was slow.

The Committee otherwise NOTED and scrutinised the information provided on Community Services performance from 1 April 2017 to 31 March 2018.

22. Community Services Service Plan         
Plana Seirbheis nan Seirbheisean Coimhearsnachd

There had been circulated Report No EDI/34/18 dated 8 May 2018 by the Director of Community Services.

Members highlighted the importance of providing and maintaining a network of public conveniences, particularly in rural areas and as a result of the significant increase in tourism in recent years.  In the past this had been achieved through the Highland Comfort Scheme but the number of facilities available had reduced.  Generally, there were increasing demands on the rural infrastructure and, if the Council’s objectives with regards to Tourism and creating a welcoming environment were to be acheived, this needed to be addressed.  The Council had applied to the Rural Tourism Infrastructure Fund but, alone, had submitted applications totalling half of the funding available and it was suggested that what was being proposed would be challenging to achieve.

The Committee APPROVED the draft Service Plan for 2017-22.

23. Waste Management Strategy - Final Business Case 
Ro-innleachd Rianachd Sgudail – Cùis Gnothachais Deireannach

There had been circulated Report No EDI/35/18 dated 8 May 2018 by the Director of Community Services.

During discussion, Members made the following comments:-

• it was vital to move forward with this at pace as currently approximately 83k tonnes of waste was sent to landfill at a cost of £11m per annum. The procrastination of previous Administrations was no longer an option and the time had now come for the Council to decide how rubbish generated in the Highlands was disposed of;
• there was an allocation identified within the Capital Programme if Option 2 (Construction of a Centralised Materials Facility(CMF)) was pursued;
• the creation of an in-house project team tasked with delivering the project was welcomed, bearing in mind the tight timescales involved;
• whilst it was recognised that a process was underway to identify the most suitable site, it was questioned what would happen if this did not come to fruition;
• there were various factors which would need to be taken into account, including the impact on local vistas, and it was important to recognise too that there were also many variables;
• in deciding upon a site it was important to be open, frank and honest with the public from the outset, given the level of public interest such a facility could potentially attract.  The message had to be put across that, in taking a sustainable approach, the site selected was likely not only to be for a CMF but, at some future point, an Energy from Waste Plant.  An integrated approach to communication on all the aspects was essential;
• it was important to drive change with those creating waste.  Reference was made to the refuse generated from packaging materials from major supermarkets;;
• it was no longer acceptable for Highland to continue to transport its waste south and everyone, not just the Council, needed to work harder to drive up recycling rates;
• there were different values of recyclate and, by having a CMF in Highland, an innovative approach could be taken to ensure best use was made of resources;
• Seater Landfill Site would continue to be used up until January 2021; and
• Members should be kept up to date with progress.  The all-Party Member Working Group was welcomed and it was hoped that this would result in greater understanding.

The Committee:-

i. AGREED Option 2 within the report - the establishment of a Materials Recovery Facility (MRF) in the Inner Moray Firth area as the Council’s preferred interim arrangement for meeting the requirements of the ban on landfilling Biodegradable Municipal Waste (BMW);
ii. NOTED that the cost of continuing with current arrangements, Option 0, would be £365,049,000 over 25 years if the ban on landfilling waste in Scotland was not in place;
iii. AGREED to support the establishment of an in-house project team dedicated solely to delivering the project solution and to support the back-filling of those posts;
iv. AGREED that further work be carried out to identify the Council’s preferred long-term arrangements for the management of its waste for the next 30 years, in particular the viability of Option 3, an Energy from Waste plant located in the Inner Moray Firth area;
* v. AGREED TO RECOMMEND to the Council the continuation of the role of the Member Waste Working Group to support and scrutinise the project going forward; and
vi. AGREED that a communication strategy be developed to help explain to stakeholders the Council’s medium and long term proposals for managing its waste and the role people can play in minimising their effect on the environment.

24. Bus Contracts in Lochaber
Cunnraidhean Bus ann an Loch Abar

There had been circulated Report No EDI/36/18 dated 8 May 2018 by the Director of Community Services.

Following an update, the Committee AGREED to grant delegated authority to the Director of Community Services, in consultation with the Chair and Vice-Chairs, to decide on an appropriate level of service and AGREED the award of contracts for the following routes:-

• Corpach – Upper Achintore (evenings)
• Kinlochleven – Fort William
• Roy Bridge – Fort William.

25. Department of Transport Consultation on Section 19 and 22 – Permits for Road Passenger Transport
Co-chomhairle Roinn na Còmhdhalach air Earrainn 19 agus 22 – Ceadan airson Còmhdhail Luchd-siubhail Rathaid

There had been circulated Report No EDI/37/18 dated 8 May 2018 by the Director of Community Services.

The Committee HOMOLOGATED the Council’s response to the Department of Transport’s consultation on Permits for Road Passenger Transport, the closing date for which was 4 May 2018.

26. Strategic Timber Transport Fund Status of 2017/18 Projects and 2018/19 Bids
Inbhe Pròiseactan Maoin Ro-innleachdail Còmhdhail Fiodha 2017/18 agus Tagraidhean 2018/19

There had been circulated Report No EDI/38/18 dated 27 April 2018 by the Director of Community Services.

The Committee:-

1. NOTED the delivery of the 2017/18 programme of works, including the additional works delivered using Strategic Timber Transport Scheme underspend;
2. NOTED the bids made to the 2018/19 Strategic Timber Transport Fund, including the submission for the B9090 White Bridge project;
3. AGREED that, should the Strategic Timber Transport Fund match funding bids be unsuccessful, residual match funding would be reallocated to enhance drawdown of successful projects, or be reallocated across the Areas using the Road Condition Survey parameters, with scheme selection being decided by Members at local Area level; and
4. AGREED that, subject to the availability of funds as decided at the annual budget setting stage and the continuation of the Strategic Timber Transport Fund programme, up to £0.5m be allocated under the road structural (capital) funding as match funding for future years.

27. Harbours Management Board – Change of Membership
Bòrd Stiùiridh nan Calaidhean – Atharrachadh Ballrachd

The Committee AGREED to appoint Mr D MacLeod to the Harbours Management Board to replace Mr A Sinclair.

28. Minutes 
Geàrr-chunntas

The Committee:-

(a) NOTED the Minutes of the Planning Applications Committees (PAC), for:-

1. North PAC – 28 November 2017
2. South PAC – 12 December 2017
3. North PAC – 23 January 2018
4. South PAC – 30 January 2018
5. North PAC – 6 March 2018
6. South PAC – 13 March 2018

(b) NOTED the Minutes of the Tourism Working Group of 14 March and 18 April 2018; and

(c) APPROVED:-

1. the Minutes of the Harbours Management Board of 21 February 2018; and
2. the Minutes of the Waste Strategy Working Group of 29 March and 23 April 2018.

29. 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 during discussion of the following items 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.

30. Land and Property 
Fearann is Cuid-seilbhe

There had been circulated to Members only Report No. EDI/39/18 dated 8 May 2018 by the Director of Development and Infrastructure.

The Committee APPROVED the recommendations contained within the report.

31. Property Transactions Monitoring Report
Aithisg Sgrùdaidh Ghnothachasan Seilbhe

There had been circulated to Members only Report No. EDI/40/18 dated 25 April 2018 by the Director of Development and Infrastructure.

The Committee NOTED the monitoring statements for General Fund and Property Account transactions as approved by the Head of Development & Regeneration under delegated authority as well the Budgeted Sales for 2018/19 and beyond.

The meeting ended at 4.30 pm.