Agendas, reports and minutes

A meeting of the Highland Council will be held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 31 October 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. Confirmation of Minutes                                                                                                                                                                                                               
Daingneachadh a’ Gheàrr-chunntais
                                                              
There are submitted for confirmation as a correct record the Minutes of the Special Meeting of the Council held on 5 September the scheduled Meeting held on 5 September and the Special Council Meeting (Planning) held on 12 September as contained in the Volume which has been circulated separately.

4. 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:-
  
Nairnshire Committee - 11 September 2019 
Audit & Scrutiny Committee - 19 September 2019
Isle of Skye & Raasay Committee- 30 September 2019 
Care, Learning & Housing Committee -10 October 2019
Lochaber Committee (Special Meeting)- 25 September 2019  
Environment, Development and Infrastructure Committee (Special Meeting) 24 October  (to follow)
   
5. Recruitment Panel - Executive Chief Officers                                          
Pannal Fastaidh – Prìomh Oifigearan Gnìomhach

There are circulated for information Minutes of Meeting of the Recruitment Panel as follows –

Executive Chief Officer: Infrastructure and Environment, 4 October 2019
Executive Chief Officer: Property and Housing, 11 October 2019.

6. Highland and Western Isles Valuation Joint Board                                
Co-Bhòrd Luachaidh na Gàidhealtachd is nan Eilean Siar

There are circulated for information Minutes of Meeting of the Valuation Joint Board held on 21 June 2019 (approved by the Board on 12 September 2019).

7. Community Planning Board  
Bòrd Dealbhadh Coimhearsnachd

There are circulated for noting Minutes of Meeting of the Community Planning Board held on 20 June 2019 (approved by the Board on 3 October 2019).

8. Brexit Working Group                                                                              
Buidhean Obrach Brexit

There are circulated for approval Minutes of Meetings of the Brexit Working Group held on 12 September and 1 October 2019.

The Minutes of the Meeting to be held on 23 October 2019 will follow.

9. Membership of Committees, etc
Ballarachd Chomataidhean, msaa

Highland Licensing Committee/Highland Licensing Board

The Council is advised that Mrs P Munro has confirmed her intention to step down from the Highland Licensing Committee and Highland Licensing Board.

On that basis, nominations have been sought from Wards 1, 2, 3, 4, 6, 7 & 9 for this vacancy and have been received as follows: -

Ward 3 – Mr A Sinclair
Ward 4 - Mr R Gale
                         
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 G Cruickshank

To the Leader of the Council

“What steps is the Council taking to mark the 75th Anniversary of the ending of the Second World War?”

The response is circulated.

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

(ii) Mr A Jarvie

To the Chair of the Care, Learning & Housing Committee

“When did the council last assess all land it owns for housing suitability and what was the outcome of this?”

The response is circulated.

Mr Jarvie will be entitled to ask a supplementary question which will be answered by the Chair of the Care, Learning & Housing Committee.

(iii) Mr A Jarvie

To the Chair of the Care, Learning & Housing Committee

“Item 7 of the Care, Learning and Housing Committee papers on 10/10/19 stated that, in this financial year, 30 children had been either prevented from going out to or had been returned from out of authority placements. Of these 30 children, how many were returned from placements which they had been in for more than 6 months?”

The response is circulated.

Mr Jarvie will be entitled to ask a supplementary question which will be answered by the Chair of the Care, Learning & Housing Committee.

(iv) Mr J McGillivray

To the Leader of the Council

“In the current round of Leader funding, the Highland area was allocated £6,904,041.00 to dispense on community, co-operation and farm diversification projects. To date, as the schedule draws to a close, a total distribution of £6,803,254.40 has been approved supporting total eligible costs of £15,150,482.11. In view of the significant bureaucratic challenges associated with the current Leader process, do you agree that this represents a highly commendable effort by the LAG and LAP teams and especially the dedicated and diligent Council staff assigned to this Leader Programme?”

The response is circulated.

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

(v) Mr J McGillivray

To the Leader of the Council

“The Coastal Communities Fund is now open and has £1.29 million to disperse around community projects as determined by Highland Council as ultimate authority. Do you agree that, in the interests of fairness and equality of adjudication, the present experienced Leader team should be directly assigned to support, monitor, assess and audit the many anticipated community bids to this funding pot?”

The response is circulated.

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

(vi) Mr K Gowans

To the Leader of the Council

“The Community Council elections have been delayed as an attempt by this Council to compensate for the lack of communication around Community Council Elections and subsequent lack of engagement. An unintended consequence of delay is that many Community Councils will not be in position to meet the response deadlines as Statutory Consultees for Planning Applications.

A Senior Planning Officer stated to me that any delay “isn’t feasible” and “(we) need to continue to progress applications”. In many cases this will mean an important layer of local democracy is stripped away. Therefore, it would be prudent to allow an extension of the response deadline for all planning applications, to allow time for new Community Councils to be set-up and to respond to planning applications.

What provision has been made to ensure it is possible for all Community Councils in Highland to fulfil their role as Statutory Consultees in planning and retain their ability to comment on applications during this period of transition?”

The response is circulated.

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

(vii) Mr S Mackie

To the Chair of the Care, Learning & Housing Committee

“In light of the Scottish Government’s decision to abandon plans for a mandatory named person scheme for every child in Scotland, underpinned by law, only localised policies such as those used in Highland are now practiced.

Given the reaffirmation from the Education Secretary that these voluntary programmes will take place only where Councils and Health Boards wish to provide them and parents wish to use them, do you believe that the Council’s scheme has the support of parents, our staff who must carry out the scheme, our health board partners and our Local Authority?”

The response is circulated.

Mr Mackie will be entitled to ask a supplementary question which will be answered by the Chair of the Care, Learning & Housing Committee.

(viii) Mr R MacWilliam

To the Leader of the Council

“What efforts are currently being made to maximise income from EU funding from capital project schemes?”

The response is circulated.

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

(ix) Mr R MacWilliam

To the Leader of the Council

“What work is being undertaken to prepare for the ban on parking on pavements as contained in the Transport (Scotland) Bill?”

The response is circulated.

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

(x) Ms K Currie

To the Leader of the Council

“Can you give an update on your lobbying activity of the Scottish Government to establish new nuclear power stations in the Highlands?”

The response is circulated.

Ms Currie will be entitled to ask a supplementary question which will be answered by the Leader.

(xi) Mr A Jarvie

To the Leader of the Council

“Next month will mark the halfway point for this Council term. At the outset, Members heard of your Administration’s exciting localism plans. As we near this halfway mark, communities tell me they do not feel they have experienced the bold vision which was once set out.

Can you provide a timetable for your plans and what we can expect by the end of this term?”

The response is circulated.

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

(xii) Ms E Knox

To the Chair of the Care, Learning & Housing Committee/Chair of Environment, Development & Infrastructure Committee

At Full Council on 27 June 2019, I highlighted serious issues with the Stagecoach school bus services. I was reassured that the Public Transport Team had received an improvement plan from the company.
 
After no signs of improvement this school year, my constituents in Beauly and Kirkhill are relieved to hear their Charleston Academy bus service will revert to the popular local bus company D&E Coaches next term; the Stagecoach contract having been terminated. However, parents in Struy, Kiltarlity, Hughton, Croachy, Farr and other villages in my Ward continue to express significant concerns about the safety and reliability of the Stagecoach school bus service and they have asked why their service hasn’t also reverted to D&E Coaches.
 
It is hoped that the Highland Council recouped all or part of the cost of the terminated school bus contract in respect of the Beauly/Kirkhill to Charleston school service and that penalty clauses are being enforced in relation to continuing issues with the remaining school bus services contract. 

In answer to my supplementary question about bus safety, I was advised that the Leader of the Council had contacted the Traffic Commissioner about safety concerns and that my request to introduce regular inspections of school buses would be considered.

I look forward to hearing from the Leader about the outcome of her discussions with the Traffic Commissioner and I’d like to ask what steps have been taken to introduce safety inspections on school buses?”

The response is circulated.

Ms Knox will be entitled to ask a supplementary question which will be answered by the Chair of the Care, Learning & Housing Committee/Chair of the Environment, Development & Infrastructure Committee.

(xiii) Mrs G Campbell-Sinclair

To the Leader of the Council

“Several years ago, the Council signed a Covenant with the Armed Forces. Could you advise me what has been achieved from this over the years i.e. what actual material outcomes have there been other than inviting each other to official events?”

The response is circulated.

Mrs Campbell-Sinclair will be entitled to ask a supplementary question which will be answered by the Leader.   
    
11. Notices of Motion
 Brathan Gluasaid 
                                                                                                  
The following Notices of Motion have been received in accordance with Standing Order 12 –

(i) That the Highland Council publish, as a matter of extreme urgency and as a courtesy to both Elected Members and Highland citizens, the following details:

An overview of the Highland Council’s response to Brexit:

• Issues most likely to require a Civil Contingencies response on Day 1 or soon after, including transport, community safety and medicines;
• How the Highland Council plan to protect our vulnerable communities;
• How the Highland Council plan to support businesses and the Highland economy;
• How the Highland Council will support the Rural Economy, including Fisheries and Agriculture and the Environment;
• Labour Market Interventions in terms of employability and skills support and the sourcing of staff if there is a significant drop in EU national workers available for employment; and
• How the Highland Council plans to protect citizens' rights and international connections.

Signed: Ms K Currie   Mr R MacWilliam
 
(ii) Developer Contributions

Current guidance on developer contributions gives a discount on the per house contributions for developments of three or fewer houses. However, this allows large developers to build 5+ bedroom luxury homes and pay just a fraction of the contributions which other developments would otherwise pay. The current guidance gives this scale of developments up to an 80% reduction on the required contribution for various identified needs, including schools. In areas of high education demand, a large three home development which has the potential bring over a dozen children into a catchment area would only attract a contribution low enough to build a new school place equivalent to just 0.3 children – there has already been development of this type which has gained planning permission and could potentially create a £247,000 funding shortfall for those new school places.

The Council therefore asks the Planning and Development Service to revise this policy, to hold a Members’ Seminar and take a report forward to the Environment, Development & Infrastructure Committee to end the practice of large discounts for these kind of developments; but still including a reasonable and proportionate discount for the smaller scale developments, in order to capture the appropriate funds.

Signed: Mr A Jarvie   Mr A Baxter

12. Change Strategy and Change Fund Phase 5                                       

There is circulated Report No. HC/51/19 dated 20 October 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- 4 of the Council’s Change Fund; and

(iii) agree the bid to Phase 5 of the Council’s Change Fund to further support the transformation activity being undertaken throughout the Council. 

13. Redesign of Highland Council – Update from the Board                       
 Cunntas às Ùr mu Ath-dhealbhadh

There is circulated Report No. HC/52/19 dated 18 October 2019 by the Chief Executive.

Members are asked to:-

(i) note progress on Council Redesign work; and
 
(ii) agree to the proposed series of Rapid Reviews as set out in Section 4 of the report.  

14. Review of Amenity Services                                                                  
Ath-sgrùdadh air Seirbheisean Goireis

There is circulated Report No. HC/53/19 dated 22 October 2019 by the Executive Chief Officer (Customer and Communities).

The Council is asked to agree to the proposed review of amenity services with the review overseen by the Redesign Board with recommendations made in time for planning for the 2020 growing season.

15. Inverness and Highland City Region Deal                                            
Aithisg Bhliadhnail a’ Chùmhnaint Bhaile Roinne

There is circulated Report No. HC/54/19 dated 14 October 2019 by the Executive Chief Officer (Transformation and Economy).

 The Council is asked to:-

(i) note progress with the City Region Deal during 2018/19; and

(ii) approve the publication of the Annual Report on the Council’s website.

16. Results from the Citizens’ Panel 2018/19 Performance & Attitudes Survey   
Aithisg Bhliadhnail Coileanaidh Phoblaich                                     

There is circulated Report No. HC/55/19 dated 16 October 2019 by the Chief Executive.

The Council is asked to:-

(i) consider the key findings of the feedback from the Citizens’ Panel from this year’s survey;

(ii) approve the follow up action to communicate the results set out in Paragraph 6.1; and

(iii) await further analysis and reports as outlined in Paragraph 5.5 of the report.

17. EU Funding   
 Maoineachadh an Aonaidh Eòrpaich

 There will follow Report No. HC/56/19.

18. Organisational Transformation and Transition  

There is circulated Report No. HC/57/19 dated 16 October 2019 by the Chief Executive.

The Council is asked to:-

(i) note the progress that has been made; the transitional arrangements that have been put in place and the indicative timescales for the permanent structure being established; and

(ii) agree a Members’ Seminar takes place on 13 November 2019.

19. Governance Review      
 Ath-sgrùdadh Riaghlachais

In order to reflect outcomes from the Members’ Seminar on 24 October, there will   follow Report No. HC/58/19.

20. Timetable of Meetings for 2020                  
Clàr-ama Choinneamhan airson 2020
                                                                                                                                                                                                                            
In order to reflect outcomes from the Members’ Seminar on 24 October, there will follow Proposed Timetable of Meetings for 2020 for approval.

21. Draft Terms of Reference - Climate Change Panel     
 Atharrachadh Gnàth-shìde

There is circulated Report No. HC/59/19 dated 15 October 2019 by the Executive Chief Officer, Environment & Development.

In regard, there are also circulated for approval Minutes of Meeting of the Climate Change Panel held on 17 October 2019.

The Council is asked to discuss and agree the draft Terms of Reference for the Climate Change Panel as circulated.

22. Timetable of Meetings 2019 – Possible Change to Full Council meeting

Members are asked to agree that, in the event that a General Election is called for Thursday, 12 December 2019, the scheduled Full Council meeting on that date should be moved to Wednesday, 11 December 2019. 

23. 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 5 September 2019 is available in the Members’ Library and on the Council’s Website.