Agendas, reports and minutes

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

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

In this regard, the Chief Executive confirmed that confidential resilience work was currently being undertaken at a national level in preparation for exit from the European Union and as such she would be unable to answer questions on or share details of this work during discussion.

It was highlighted however that the work currently being undertaken on resilience at a local level (which fed into the national work) was of a very high standard and thanks were conveyed to the Officers concerned.

It was also proposed that the Member Working Group which had been set up to consider issues in connection with the exit from the European Union should now be expanded to include 2 Members from each political group within the Council and should meet more frequently as required.    

During discussion, Members raised the following issues:-

• the work surrounding this matter represented a very complex set of issues and it had to be recognised that there were potentially very large funding streams involved. As such, it was vital that the priorities for the Highlands were highlighted at all times and that all Members across the Council worked together in this regard;
• it was imperative that businesses were supported throughout this process and in this respect there was a need to convey thanks to the Scottish Government and Local Government organisations for the work which was being undertaken;
• information in respect of all issues pertaining to exit from the European Union should be provided where possible in the coming weeks;
• it was suggested that the Council, in partnership with other Councils and CoSLA should lobby the Scottish Government for the full and proportionate share of the funds which had been made available for Local Authorities’ Brexit preparations;
• the damage which could be inflicted on the Highlands in the event of a ‘no deal’ Brexit could not be underestimated, particularly in terms of the potential loss of current funding streams and the loss of market access whereby the Highlands could suffer a disproportionate and negative impact in future; and
• it would be important for an early meeting of the Member Working Group to be convened in order to discuss the issues which had been raised.      

Decision

Members NOTED the Council’s Resilience preparations for EU Exit as detailed in the report.

It was also AGREED that the Council would, in partnership with other Councils and CoSLA, lobby the Scottish Government for the full and proportionate share of the funds made available for Local Authorities’ Brexit preparations. 

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

Declarations of Interest – Mrs I MacKenzie, Mr A Henderson and Mr H Morrison declared financial interests in this item as either directly providing accommodation or having a family connection in this respect but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that they would remain in the Chamber but not take part in the discussion.

Mr D Louden, having also declared a financial interest in this regard, confirmed that he would not take part in discussion of the item and left the Chamber at this point. 

Mr A Jarvie, Mr D Macpherson and Mr T Heggie declared non-financial interests in this item as Directors of High Life Highland and remained in the Chamber.

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

During discussion, Members raised the following issues:-

• there was a need for further information on income generation, specifically in relation to car parking, whereby it was queried as to what levels of investment were currently being provided in this respect and what impact this was having on potential income being/not being achieved;
• in terms of back office support, it was noted that additional staff in Legal Services were now in place and this was welcomed in order to avoid any unnecessary delays on projects in future;
• it was imperative that a significant strategic approach was taken in future whilst also appreciating that organisational and technological changes would take time;
• there was a need for clarification on how success would be measured in relation to the projects which had been listed in the report;
• in terms of the potential national timescale for introduction, it was queried as to whether the proposals in relation to the Transient Visitor Levy were appropriate at this time;
• in regard to the proposals for Members’ training, there was a need to consider whether mandatory training  on all relevant issues could be put in place with a subsequent related assessment of such training;
• it was important that the Council had proposals ready in relation to the Transient Visitor Levy in advance of the introduction of any future proposals;
• this was a very good report but there was also a need for an ‘exit strategy’ to be contained in future reports to identify alternative funding which could be used at the end of the Change Fund monies;
• it would be vital to work with partners on as many initiatives as possible in future, such as Talent Attraction, and for the terms of this report to be submitted to and discussed by the Community Planning Board;
• the work on education transformation which had been undertaken was welcomed;
• in regard to Members’ training, consideration should be given to the provision of in-house training where possible in addition to accessing services from external sources;
• in relation to the Waste (Scotland) Regulations 2012, there was a need for further information on what alternative arrangements would be put in place in view of the fact that the Council would not meet the 2021 deadline and also in terms of what discussions had been undertaken with the Scottish Government in this regard; and
• consideration of potential future income generation possibilities in relation to housing should be considered where possible. 

Thereafter, Mr A Jarvie, seconded by Mr G Cruickshank, MOVED that there should be a change to recommendation (iii) within the report whereby it was suggested the bids to Phase 4 of the Council’s Change Fund should be agreed to further support the transformation activity being undertaken throughout the Council – with the exception of the proposal contained within Paragraph 9.5 of the report in respect of Income Generation/TVL.

As an AMENDMENT, Ms M Smith, seconded by Mr A Christie, moved the recommendations in the report as detailed.

On a vote being taken, the MOTION received 9 votes and the AMENDMENT received 30 votes, with 2 abstentions, and the AMENDMENT was therefore CARRIED, the votes having been cast as follows:- 

For the Motion:
Mr S Mackie, Mr C Smith, Mr D MacLeod, Mr J Bruce, Mr D MacKay, Mr G Cruickshank, Mr A Jarvie, Mrs I MacKenzie and Mr P Saggers. 

For the Amendment:
Mr R MacWilliam, Mr R Laird, Mr R Balfour, Mr G Ross, Mrs B McAllister, Mr I Brown, Mr C Fraser, Ms E Knox, Mr A MacInnes, Mr D Macpherson, Mr B Thompson, Mr J Finlayson, Mrs A MacLean, Mrs T Robertson, Mrs C Caddick, Mr B Boyd, Mr K Rosie, Mr M Reiss, Mrs I Campbell, Mrs J Barclay, Mr D Rixson, Mr A Graham, Mr B Lobban, Ms M Smith, Dr I Cockburn, Mrs H Carmichael, Mrs M Davidson, Mr A MacKinnon, Mr A Christie and Mr R Bremner. 

Abstentions:
Mr A Baxter and Mrs F Robertson.                        

Decision

Members:- 

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

(At this point, Mr D Louden returned to the meeting).

19. Crown Estate Scotland  
Oighreachd Crùin na h-Alba

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

During discussion, Members raised the following issues:-

• it was noted that the Scottish Government had made a commitment that the net revenues from Crown Estate Scotland marine assets (out to 12 nautical miles) would provide benefit to coastal communities but there was currently no clarity over the amount to be allocated, the criteria to be applied or the mechanism for distribution of these resources. As such, there was a need to continue to make representations to the Scottish Government in order to make urgent progress on these issues; 
• it was essential to view this matter within the budgetary context for the Council and in this regard the importance of receiving additional funding in this regard was stressed;
• the potential for the benefit to communities across the Highlands from this additional funding was welcomed;
• it would perhaps be beneficial to learn from the negotiation undertaken by Islands Councils who had already benefited from this funding in the past; and
• it would be helpful if discussion could be undertaken at a future Environment, Development & Infrastructure Committee meeting in relation to the terms of a future distribution formula to be put in place by the Council prior to any funding being received.     

Decision

The Council NOTED 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 had been circulated Report No. HC/45/19 dated 16 August 2019 by the Director of Development and Infrastructure.

In this regard, it was advised that the Scottish Government had now requested a further 28 day extension so what was now being sought was approval to adopt the Local Development Plan subject to Scottish Government clearance.

Decision

The Council AGREED to adopt the West Highland and Islands Local Development Plan subject to Scottish Government clearance. 

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

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

Decision

The Council:-

(i)   APPROVED the proposed outline Training and Development Programme for Elected Members of the Council;
(ii)  AGREED to the establishment of a Member Mentoring Scheme;
(iii) AGREED that joint Member/Officer training would also be developed; and
(iv)  APPROVED 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 had been circulated Report No. HC/47/19 dated 15 August 2019 by the Chief Executive.

Decision

The Council APPROVED the final Scheme of Polling Districts and Polling Places for the period 2019-2023 which incorporated 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.

It was also NOTED that the Scheme reflected 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 had been circulated Report No. HC/48/19 dated 26 August 2019 by the Head of Corporate Governance.

In this regard, there had also been tabled an additional paper to clarify the detail of the report and to confirm that the proposals being brought forward had been discussed and agreed by Members at meetings of the Governance Review Steering Group.

During discussion, and in regard to Standing Order 14 – Notices of Amendment (Planning) – the Convener, seconded by Mrs C Caddick, MOVED the proposal in the report that the number of signatures required should be increased from 15 to 19. 

As an AMENDMENT, Dr I Cockburn, seconded by Mr R MacWilliam, moved the retention of the status quo in this regard.

On a vote being taken, the MOTION received 24 votes and the AMENDMENT received 18 votes, with 1 abstention, and the MOTION was therefore CARRIED, the votes having been cast as follows:-

For the Motion:
Mr G Ross, Mrs B McAllister, Mr S Mackie, Mr C Smith, Mr D Macpherson, Mrs A MacLean, Mrs T Robertson, Mrs C Caddick, Mr J Bruce, Mr D MacKay, Mr G Cruickshank, Mr H Morrison, Mr M Reiss, Mrs F Robertson, Mrs I Campbell, Mrs J Barclay, Mr D Rixson, Mr A Jarvie, Mrs I MacKenzie, Mr P Saggers, Mrs M Davidson, Mr A MacKinnon, Mr A Henderson and Mr A Christie.   

For the Amendment:
Mr R MacWilliam, Mr R Laird, Mr C MacLeod, Ms P Hadley, Mr A Baxter, Mr I Brown, Mr C Fraser, Ms E Knox, Mr D Louden, Mr A MacInnes, Mr B Thompson, Mr J Finlayson, Mr B Boyd, Mr K Rosie, Mr A Graham, Ms M Smith, Dr I Cockburn and Mr R Bremner.

Abstention
Mr B Lobban           

In regard to Standing Order 25 – Method of Voting – the Convener, seconded by Mrs C Caddick, MOVED the proposal in the report that the requirement for the bell to be rung prior to any vote being taken should be deleted.

As an AMENDMENT, Mr S Mackie, seconded by Ms M Smith, moved the retention of the status quo in this regard.

On a vote being taken, the MOTION received 5 votes and the AMENDMENT received 35 votes, with 3 abstentions, and the AMENDMENT was therefore CARRIED, the votes having been cast as follows:-

For the Motion:
Mr G Ross, Mr I Brown, Mr C Fraser, Mrs M Davidson and Mr A MacKinnon.

For the Amendment:
Mr R MacWilliam, Mr R Laird, Mr C MacLeod, Ms P Hadley, Mr A Baxter, Mrs B McAllister, Mr S Mackie, Mr C Smith, Ms E Knox, Mr D Louden, Mr A MacInnes, Mr D Macpherson, Mr B Thompson, Mr J Finlayson, Mrs A MacLean, Mrs T Robertson, Mr J Bruce, Mr D MacKay, Mr G Cruickshank, Mr B Boyd, Mr K Rosie, Mr H Morrison, Mr M Reiss, Mrs F Robertson, Mrs I Campbell, Mrs J Barclay, Mr D Rixson, Mr A Graham, Mr A Jarvie, Mrs I MacKenzie, Mr P Saggers, Ms M Smith. Dr I Cockburn, Mr A Henderson and Mr R Bremner.

Abstentions:     
Mrs C Caddick, Mr B Lobban and Mr A Christie.

Decision  

The Council AGREED the following proposals in relation to Standing Orders:-

Standing Order 12 – Notices of Motion - All Notices of Motion and Starred Items coming before Council for consideration shall be accompanied, where appropriate, with an assessment completed by the Executive Chief Officer, Resources and Finance, identifying the financial, staffing and other implications of adopting the Motion/Starred Item together with, where appropriate, an assessment of the measures that have been identified to address such implications.   

Standing Order 13 – Notices of Amendment – For the avoidance of doubt, individual emails and/or individual written signatures will be accepted from Members who wish to submit and/or support Notices of Amendment.

Standing Order 14 – Notices of Amendment (Planning) – For the avoidance of doubt, individual emails and/or individual written signatures will be accepted from Members who wish to submit and/or support Notices of Amendment (Planning). 

Notices of Amendment (Planning) must be in writing, signed by 19 Members of the Council (including at least one third of the membership of the relevant Planning Application Committee) and will be submitted to the next scheduled meeting of the full Council.   

Standing Order 32 – Submission of Minutes of Headquarters Committees and City/Area Committees – In the case of any matter discussed by a Committee where that matter is not included within the Committee’s remit, any decision taken will require to be submitted to the next scheduled meeting of the full Council as a recommendation (known as a ‘starred item’). 

At the Council meeting, any Member can move an amendment when approval of the starred item is considered. If that amendment is seconded and successful when a vote is taken, it will become the decision of the Council. 

The Council having so decided, it will be incompetent for the matter to be re-considered by the Committee concerned.   

New Standing Order – Question Time (Public) – from December 2019 – A member of the public may submit, for consideration at an ordinary meeting of the Council, a written question to the Leader of the Council, Depute Leader of the Council or Chair of a Committee concerning the business of the Council. This question must be received by the Head of Corporate Governance no later than 12 noon on the Friday preceding the meeting.   

Questions will be delivered at the meeting exactly as submitted and one supplementary question will be allowed in each case. No question will exceed 1 minute.

Questions must not refer to individual planning or licensing matters or any matter of a personal nature. In addition, questions must not be substantially the same as a question which has been put at a meeting of the Council in the previous 6 month period, must not be defamatory, frivolous, vexatious or offensive and must not require the disclosure of confidential or exempt information.  

A 20 minute time allocation will be allowed at ordinary Council meetings for questions from members of the public. 

It was further AGREED that the remaining proposals within the report should not be taken forward but rather that the status quo should be maintained in each case. 

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

The Council AGREED 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 AGREED 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 AGREED 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

It was NOTED that the Special Council Meeting (Planning) had 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 would be issued in due course.

At this point, and following consultation with the Chair, it was also AGREED that the North Planning Applications Committee meeting previously scheduled for 8 October should now be held on 16 October.  

28. Deeds Executed
Sgrìobhainnean Lagha a Bhuilicheadh

It was NOTED that a list of deeds and other documents executed on behalf of the Council since the meeting held on 27 June 2019 was available in the Members’ Library and on the Council’s Website.

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

The Council AGREED under Section 50A(4) of the Local Government (Scotland) Act 1973, that the public should be excluded from the meeting for the following item on the grounds that it involved 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 had been circulated to Members only Report No. HC/49/19 dated 27 August 2019 by the Executive Chief Officer, Finance and Resources.

Decision

Following discussion, the Council AGREED the recommendation as detailed in the report. 

The meeting ended at 6.05pm.