Agendas, reports and minutes

A meeting of the Highland Council will be held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 5 September 2019 at 10.35am.

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,

Stewart Fraser 
Head of Corporate Governance

BUSINESS

1.Calling of the Roll and Apologies for Absence
Gairm a’ Chlàir agus 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.Membership of the Council
Ballrachd na Comhairle

The Council is advised that Mr Richard Laird has tendered his resignation as a Member of the Council with effect from the end of the Council meeting on 5 September 2019.

In this regard, a By-Election for Ward 14 (Inverness Central) will be arranged and further details will follow in due course.

4.Recess Powers
Cumhachdan Fosaidh

Members are asked to note that the recess powers granted at the meeting on 27 June 2019 did not require to be used in relation to the full Council.

Members are asked to note that the following Item 5 – Presentation – will be undertaken at 12.45pm.

5.Presentation – Wester Ross Biosphere
Taisbeanadh – Bith-chruinne Rois an Iar

A Presentation will be undertaken at the meeting on the work of Wester Ross Biosphere.

6.Confirmation of Minutes      
Daingneachadh a’ Gheàrr-chunntais

There are submitted for confirmation as a correct record the Minutes of Meeting of the Council held on 27 June and of the Special Meeting held on 22 August (pp.228-232) as contained in the Volume which has been circulated separately.

7.Minutes of Meetings of Committees
Geàrr-chunntasan Choinneamhan Chomataidhean

There are submitted for confirmation as correct records, for information as regards delegated business and for approval as appropriate, the Minutes of Meetings of Committees contained in Volume circulated separately as undernoted:-

Pensions Committee 8 August    
Ross & Cromarty Committee 14 August    
Environment, Development & Infrastructure Committee 15 August    
Badenoch & Strathspey Area Committee 19 August    
City of Inverness Area Committee (Special Meeting) 20 August    
Care, Learning & Housing Committee 21 August 

*Starred Item – 

Item 16 – Review of the Statutory Consultation Exercise to establish a 3-18 Campus in Tain – 

Agreed to Recommend that education provision be discontinued at Tain Royal Academy, Craighill Primary School, Knockbreck Primary School and St Duthus Special School and relocated to a new 3 to 18 Campus to be established on the site of the existing Craighill Primary School.

*Starred Item – 

Item 17 – Review of the Statutory Consultation Exercise to establish a Gaelic Medium Catchment Area for Mallaig Primary School - 

Agreed to Recommend the creation of a Gaelic Medium catchment area for Mallaig Primary School on the basis shown on the map at Appendix 3 of the report.

*Starred Item – 

Item 23 – Youth Works Highland – Highland Youth Work Strategy 2019-2024 – 

Agreed to Recommend that Mrs A MacLean (Non-Member of the Committee) should attend the Youth Work Improvement Group.    

Sutherland County Committee 22 August To follow
Caithness Committee 27 August To follow
Corporate Resources Committee 28 August To follow
City of Inverness Area Committee 29 August To follow
Lochaber Area Committee    29 August To follow

8.Recruitment Panel - Executive Chief Officers 
Pannal Fastaidh – Prìomh Oifigearan Gnìomhach

There are circulated for information Minutes of Meetings of the Recruitment Panel as undernoted:-

Executive Chief Officer: Resources and Finance, 1 July 2019 
Executive Chief Officer: Customer and Communities, 3 July 2019 
Executive Chief Officer: Health and Social Care, 4 July 2019 
Executive Chief Officer: Performance and Governance, 16 August 2019

9.Membership of Committees, etc
Ballarachd Chomataidhean, msaa

Highland Licensing Committee/Highland Licensing Board

The Council is advised that Dr I Cockburn has confirmed his intention to step down from the Highland Licensing Committee and Highland Licensing Board with effect from 1 October 2019.

On that basis, nominations are being sought from Wards 5, 8, 10, 11, 12, 20 and 21 for the vacant place and will be tabled at the meeting.

(In addition to the above, Members are reminded that the Highland Licensing Committee and Highland Licensing Board will appoint their new Chairs at their next available meetings).  

Audit & Scrutiny Committee

The Council is advised that the revised membership of the Audit & Scrutiny Committee will be tabled at the meeting.   

Environment, Development & Infrastructure Committee 

The Council is asked to agree the following as put forward by the SNP Group:-

Mr D Louden to replace Ms K Currie

Items 10 and 11 below will be considered at 2.00pm

10.Question Time
Àm Ceiste                                                                                             

The following Questions have been received by the Head of Corporate Governance in terms of Standing Order 11 – 

(i) Mr J McGillivray

To the Leader of the Council 

“As agreed at the Council Budget meeting of March 2018, can the Administration put on public record the summary table showing budgeted and actual capital spending for the financial year 2018-19 for each Area?”

The response is circulated

Mr McGillivray will be entitled to ask a supplementary question which will be answered by the Leader. 

(ii) Mr J McGillivray

To the Leader of the Council

“For the financial year 2018-19, what are the budgeted and actual spends for each Area arising from the Inverness City/Region deal?”

The response is circulated

Mr McGillivray will be entitled to ask a supplementary question which will be answered by the Leader. 

(iii)    Mr A Baxter

To the Leader of the Council 

“Which communities have been consulted on the introduction of car parking charges, since my question to you at the full council meeting on 9th May 2019, and can you provide details of reports presented to Area Committees in relation to the roll out of car parking charges within the area of their remit and list those car parks where charging has been introduced since 9th May 2019?”

The response is circulated

Mr Baxter will be entitled to ask a supplementary question which will be answered by the Leader.

(iv) Mr D Louden

To the Chair of the Corporate Resources Committee

“You and the Chief Executive indicated some time ago that Highland Council would be purchasing a software program to allow Members and Officers to properly scrutinise and access the accounts on a daily basis to enable an accrual adjusted examination of them. When will this be implemented as we are now entering accounting Quarter 2?”

The response is circulated

Mr Louden will be entitled to ask a supplementary question which will be answered by the Chair of the Corporate Resources Committee.

(v) Mr D Louden

To the Leader of the Council

“Is the Brexit Working Group due to meet very soon as the leaving date for Brexit is looming and the last time it met was many months ago?”

The response is circulated

Mr Louden will be entitled to ask a supplementary question which will be answered by the Leader.  

(vi) Mr C Fraser

To the Chair of the Environment, Development & Infrastructure Committee 

“With regards to the major capital projects that the Council will be doing in the future, can we get assurances that all projects will have complete financial control systems in place and any variations to the original signed contracts will be kept to an absolute minimum?”

The response is circulated

Mr Fraser will be entitled to ask a supplementary question which will be answered by the Chair of the Environment, Development & Infrastructure Committee.    

11.Notices of Motion 
Brathan Gluasaid

The following Notices of Motion have been received in accordance with Standing Order 12 – 

(i)Increased use of electric vehicles is important as we respond to the declaration of a Climate Emergency and a target of carbon neutral by 2025. The Council will engage with Scottish Government to allow and regulate the use of electric scooters in urban areas.

Signed:  Mrs T Robertson    Mrs C Caddick   Mrs A MacLean

(ii)Since our recent declaration of a Climate Emergency, Highland Council commits to having more trees planted throughout the Highlands as a carbon sink, an economic measure and a recreational facility. 

Specifically, the Council will (a) approach both the Scottish and UK Governments for financial support to pursue a major tree planting campaign to provide a Highland carbon sink (b) ensure that all available funding routes for forestry are widely advertised to all eligible groups (c) work to identify land where trees can be planted (d) commit to planting trees on its own estate wherever feasible (e) encourage the establishment of community groups with a focus on planting trees (f) encourage its schools and school children to engage in tree planting schemes and (g) commit resources and Officer time to (i) disseminating knowledge about the suitability of trees, soils, fencing, seeds and saplings (ii) helping access sources of funding and (iii) stimulating business usage of wood products for house building, fencing, furniture making, wood working, etc.

Signed:    Mr D Rixson    Mrs T Robertson  

(iii)Highland Council recognises the widespread disappointment at the granting of planning permission by the Scottish Government for Limekilns windfarm, close to Reay village, after hundreds of local objections and rejection on two occasions by Highland Council North Planning Applications Committee.

We call upon the Scottish Government to rapidly implement the Reporter’s comment in his report: “The Scottish Government and the Scottish planning system need to consider the potential benefits of trying to secure better data and better assessments, notwithstanding  the significant problems prior to consenting any more windfarms in environmentally sensitive areas that are heavily reliant on outdoor tourism”.

Additionally, this research must include an assessment of windfarm developments on land/ property values, long term planning blight, depopulation, mental health concerns and the overall holistic effects of multiple developments on local residents’ sense of wellbeing.
 
Signed: Mr M Reiss Mr S Mackie   

(iv)The Council is disappointed that the UK Government has indicated that EU free movement rules will end immediately if there is a no-deal Brexit on 31 October 2019. This will affect the rights of EU citizens who arrive in the UK from November onwards. 
Given the importance of attracting people to live and work in the Highlands so as to meet the employment and skills needs of businesses and to address the demographic challenges facing the area, the Council agrees that the Leader of the Council should write to the UK Government Immigration Minister to request an urgent meeting to seek clarity over the Government’s approach to immigration and highlight the particular circumstances facing the Highlands.

Signed: Mrs M Davidson Dr I Cockburn Mr A Christie
     
12.Annual Fire Report/Presentation
Aithisg/Taisbeanadh Bliadhnail Smàlaidh

The Annual Fire Report will follow.

13.Organisational Transformation and Transition
Plana Cruth-atharrachaidh agus Eadar-ghluasadan Eagrachail

There is circulated Report No. HC/38/19 dated 25 August 2019 by the Chief Executive. 

Members are asked to:-

(i)   acknowledge the progress made to date in establishing a Council Vision underpinned by core strategic approaches;
(ii)  agree the priorities for action over the coming months;
(iii) note the transitional arrangements in place and the indicative timescales for the permanent structure being established;
(iv)  agree that Section 95 duties should be assigned to the Executive Chief Officer for Resources and Finance; and
(v)   agree a bid to the Change Fund for £82,000 to resource the programme effectively and £145,000 for associated HR and systems support to ensure a smooth transition to the new structure.   

14.Corporate Plan 2019-22 – Finalising Targets
Phlana Chorporra 2019-22 - Toirt Thargaidean gu Crìch

There is circulated Report No. HC/39/19 dated 19 August 2019 by the Chief Executive.

Members are asked to:-

(i)   approve the draft Corporate Plan for 2019-22;
(ii)  note that the Corporate Plan will be updated to take account of decisions Members take in relation to the Council’s Governance Review, any amendments to the Change Programme, the Council’s approach to performance improvement and any organisational restructure;
(iii) note that the Plan will support the delivery of the Highland Outcome Improvement Plan;
(iv)  note that the Corporate Plan will be the subject of an Annual Performance Report in September each year and the first report for this plan is due in September 2020; and
(v)   note that the Plan is normally reviewed following the Annual Performance Report to Council and any changes will be submitted to the Council approval. This review is first due in Autumn 2020.        

15.Annual Corporate Performance Report
Aithris Choileanaidh Bhliadhnail

There is circulated Report No. HC/40/19 dated 14 August 2019 by the Chief Executive. 

The Council is asked to:-

(i)  note the progress being made with the delivery of the Council’s Programme for the period 1 April 2018 to the end of 31 March 2019;
(ii) note that a revised Council Programme and Corporate Plan has been approved for 2019/20 forward with a first performance report due in September 2020; and
(iii)await a further report on Statutory Performance Indicators and the Local Government Benchmarking Framework no later than March 2020.    

16.Revenue Budget Strategy 2020/21 to 2022/23 
Ro-innleachd Buidseit Teachd-a-steach 2020/21 2022/23

There is circulated Report No. HC/41/19 dated 27 August 2019 by the Executive Chief Officer – Finance and Resources. 

Members are asked to:-

(i)   consider the financial modelling assumptions;
(ii)  note the scale of the financial challenge facing the Council over the next three years with a potential funding gap of between £50.2m and £77.3m; and
(iii) agree the importance of setting a balanced three year revenue budget.

17.Preparedness for EU Exit
Deasalachd airson an t-Aonadh Eòrpach Fhàgail      

There is circulated Report No. HC/42/19 dated 26 August 2019 by the Communications and Resilience Manager.

Members are asked to note the Council’s Resilience preparations for EU Exit as detailed in the report.  

18.Change Strategy and Change Fund Phase 4                                                                             
Cunntas às Ùr mun Ro-innleachd Atharrachaidh agus Tagraidhean don Mhaoin Atharrachaidh

There is circulated Report No. HC/43/19 dated 27 August 2019 by the Chief Executive.

Members are asked to:-

(i)   note the progress being made to implement the projects that form the Council’s Change Programme;
(ii)  note the progress being made on delivering the committed actions from Phases 1-3 of the Council’s Change Fund; and
(iii) agree the bids to Phase 4 of the Council’s Change Fund to further support the transformation activity being undertaken throughout the Council.   

19.Crown Estate Scotland
Oighreachd Crùin na h-Alba

There is circulated Report No. HC/44/19 dated 21 August 2019 by the Chief Executive.

Members are asked to note the terms of the report as presented.

20.Adoption of West Highland and Islands Local Development Plan 
Gabhail ri Plana Leasachaidh Ionadail na Gàidhealtachd an Iar agus nan  Eilean

There is circulated Report No. HC/45/19 dated 16 August 2019 by the Director of Development and Infrastructure.

The Council is asked to adopt the West Highland and Islands Local Development Plan as modified and published following receipt of the Report of Examination. 

21.Members’ Training and Development Programme                                                                             
Prògram Trèanaidh agus Leasachaidh Bhall

There is circulated Report No. HC/46/19 dated 28 August 2019 by the Chief Executive.

Members are asked to:-

(i)   approve the proposed outline Training and Development Programme for Elected Members of the Council;
(ii)  agree to the establishment of a Member Mentoring Scheme;
(iii) agree that joint Member/Officer training will also be developed; and
(iv)  approve a bid to the Change Fund for £53,000 to provide additional resource to develop and deliver the programme with a view to mainstreaming much of this over time.     

22.Review of Polling Districts and Polling Places 2018-19 
Ath-sgrùdadh air Sgìrean Bhòtaidh agus Àiteachan Bhòtaidh 2018-19                              

There is circulated Report No. HC/47/19 dated 15 August 2019 by the Chief Executive.

The Council is asked to approve the final Scheme of Polling Districts and Polling Places for the period 2019-2023 which incorporates the retention of the 6 Polling Places – Merkinch Community Centre, Trinity Church Hall, James Cameron Community Centre, Gairloch Community Centre, Unapool Former Primary School and Phipps Hall, Beauly.

The Scheme also now reflects the change in the description of the proposed Polling Place location in Strathpeffer to Strathpeffer Community Centre.   

23. Review of Standing Orders Relating to the Conduct of Meetings 
Ath-sgrùdadh air Òrdughan Seasmhach a’ Buntainn ri Stiùireadh Choinneamhan                        

There is circulated Report No. HC/48/19 dated 26 August 2019 by the Head of Corporate Governance.

The Council is asked to agree the proposed amendments to Standing Orders as detailed in the report.

24.Climate Change Panel                                                                                
Pannal Atharrachadh Gnàth-shìde – Ballrachd 

The Council is asked to agree the following membership for the new Climate Change Panel – 

Mr B Thompson, Mr D Macpherson, Mrs I Campbell, Mrs M Davidson, Mr M Finlayson, Mr T Heggie, Mr J Gray, Mr A MacInnes, Mr B Boyd, Mr C Fraser, Mr D Louden, Mr R MacWilliam, Mr D MacLeod, Mr J Bruce, Mr S Mackie, Mrs A MacLean, Mr D Rixson and Mrs T Robertson.

25.Appointment of Depute Clerk to the Highland Licensing Board
Cur Iar-Chlèireach an Dreuchd do Bhòrd Cheadachd na Gàidhealtachd

The Council is asked to agree the following:- 

Mr Iain Meredith to be appointed as Depute Clerk to the Highland Licensing Board.

26.Appointments to Other Bodies 
Cur an Dreuchd gu Buidhnean Eile

The Council is asked to agree the following:- 

Children’s Hearings Scotland - Highland and Moray Area Support Team - Mrs P Munro to replace Mrs J Barclay.

27.Arrangements for Special Meeting of the Council – Planning Applications -  Large Scale Developments 
Ullachaidhean airson Coinneamh Shònraichte den Chomhairle – Iarrtasan Dealbhaidh – Leasachaidhean Mòra

Members are reminded that the Special Council Meeting (Planning) has been arranged for Thursday, 12 September 2019 at 2.00pm in the Council Chamber, HQ. In this regard, the agenda and reports for this meeting will be issued in due course.  

28.Deeds Executed
Sgrìobhainnean Lagha a Bhuilicheadh

Members are asked to note that a list of deeds and other documents executed on behalf of the Council since the meeting held on 27 June 2019 is available in the Members’ Library and on the Council’s Website.

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

The Council is asked to resolve that, under Section 50A(4) of the Local Government (Scotland) Act 1973, the public should be excluded from the meeting for the following item on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 6 & 9 of Part 1 of Schedule 7A of the Act.

30.Property Investment 
Tasgadh Cuid-seilbhe

There is circulated to Members only Report No. HC/49/19 dated 27 August 2019 by the Executive Chief Officer, Finance and Resources.

Members are asked to agree the recommendation as detailed in the report.