Agendas, reports and minutes

A meeting of the Highland Council will be held REMOTELY on Thursday, 24 June 2021 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 Graham Ross has tendered his resignation as a Member of the Council with immediate effect. In this regard, a By-Election for Ward 13 (Inverness West) will be held on Thursday, 12 August 2021.

Members are also advised that Ms Nicola Sinclair has tendered her resignation as a Member of the Council and this will take effect from 28 June 2021. In this regard, a By-Election for Ward 3 (Wick and East Caithness) will also be held on Thursday, 12 August 2021.    

4. 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 13 May 2021 as contained in the Volume which has been circulated separately.

5. 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:-
    
Communities & Place Committee, 12 May
*Sutherland County Committee, 17 May
             
*Starred Item 7 - Dornoch Common Good Fund – Consultation on proposal to 
dispose, by lease, and changes of use of Common Good land at Dornoch Links 
to Royal Dornoch Golf Club.
    
Gaelic Committee, 18 May
Health, Social Care & Wellbeing Committee, 19 May
Education Committee, 20 May
Badenoch & Strathspey Area Committee, 25 May
Easter Ross Area Committee, 25 May

*Starred Item 5 – Tain Conservation Area Appraisal and Conservation Area Management Plan – recommendation for approval by the Economy & Infrastructure Committee. 

Corporate Resources Committee, 26 May

*Starred Item 3 – Appointments to Sub Committees, Working Groups etc - Appeals and Disputes Committee – agreed to appoint Mr D MacKay to replace Mr D MacLeod.

City of Inverness Area Committee, 27 May
Isle of Skye & Raasay Committee, 31 May
Housing & Property Committee, 10 June
Tourism Committee, 16 June - To follow
Audit & Scrutiny Committee, 17 June - To follow
        
Minutes of Meetings not included in the Volume as follows -

(i) Community Planning Board – for noting – held on 31 March (approved by the Board on 9 June).

(ii) Recovery, Improvement and Transformation Board - for approval – held on 24 May

(iii) Climate Change Working Group – for approval – held on 28 May

6. Membership of Committees, etc
Ballarachd Chomataidhean, msaa

(i) Wellbeing Joint Sub Committee 

Members are advised that a meeting of the Wellbeing Joint Sub Committee has now been arranged and will be held on Thursday, 19 August at 2pm.     

Membership - Mrs M Davidson, Miss J Campbell, Ms N Sinclair, Mrs I Campbell, Mrs M Paterson, Mrs M Cockburn, Mr K Rosie, Ms E Knox, Mr B Boyd, Mr A Christie, Mrs A MacLean, Mrs I MacKenzie, Mr C Smith and Mr J Gray.

(ii) Dingwall & Seaforth Area Committee

Members are advised that meetings for the new Dingwall & Seaforth Area Committee have been arranged for 16 August and 9 November.

The original dates (5 August and 16 November) will still apply for the Black Isle Committee. 

(iii) South Planning Applications Committee

Members are asked to agree the following - Mr D Fraser to take up the vacant place on this Committee for Ward 12.    

Items 7 and 8 will be considered at 2.00pm

7. Question Time 
Àm Ceiste                                                                                             

The following Questions have been received by the Head of Corporate Governance – 

(i) Mr A Graham

To the Chair of the Communities & Place Committee

"What is the current position with the re-opening of Council Service Points?"

The response will follow.

Mr Graham will be entitled to ask a supplementary question which will be answered by the Chair.

(ii) Mr R Gale

To the Leader of the Council 

“At the September the 10th 2020 full Council meeting, the Council agreed the motion to write to the Minister of State (Minister for Business, Energy and Clean Growth) the Rt Hon Kwasi Kwarteng MP  in support of the cross-party Early Day Motion EDM #552 that; “calls on the Government to replace the current electricity distribution system with one that replicates that of gas and telecoms and share the cost of energy distribution equally across the UK”. Can you provide a copy of that letter and the response received from the Minister please?”

The response will follow.

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

(iii) Mr A Graham

To the Leader of the Council

“Western Gateway to Inverness – with the West Link project nearly complete, the need for a Western Gateway to the City of Inverness is very evident. There should be an attractive and engaging entrance to the City at Torvean, taking full advantage of the beautiful setting of the Caledonian Canal, the unique twin swing-bridge structures,  the enchanting Tomnahurich Hill and the fantastic local history of that area to provide a memorable welcome for visitors and local people alike. Will the Highland Council investigate the provision of such a Western Gateway?”

The response will follow

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

(iv) Mr A Jarvie

To the Chair of the Education Committee

“Can you provide a table of the FTE of PSAs by ASG as agreed in October 2020 and a comparison of the FTE by ASG in post for each month since?”

The response will follow 

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

(v) Mr A Jarvie 

To the Chair of the Economy & Infrastructure Committee

“The Scottish Government has a presumption against new build developments of over 30 houses to be connected to the telephone exchange with copper cable, instead to use Fibre To The Premises (FTTP). However, Openreach reports that developers are only giving them a quarter of the required time to install the more complex fibre cable. This means that BT Openreach are increasingly forced to lay copper cable instead.

In the last four years, what proportion of developments over 30 houses have been installed with copper/FTTC versus the required FTTP and what effort has the Council taken to ensure the faster, future-proof FTTP is the default installation for new builds?” 

The response will follow 
 
Mr Jarvie will be entitled to ask a supplementary question which will be answered by the Chair of the Committee.

(vi) Mrs I MacKenzie

To the Chair of the Communities & Place Committee 

“Residents who want to dispose of DIY generated building materials can do so if they use a private car but they are not allowed to do this using a van or a trailer. It recently took a resident far longer to load concrete blocks into his car and then carefully extract them at the recycling centre than it would take to make the same drop off using his trailer. Do you recognise that if we make it difficult for residents to dispose of building waste we will see an increase in fly-tipping?”

The response will follow 

Mrs MacKenzie will be entitled to ask a supplementary question which will be answered by the Chair of the Committee.

(vii) Mr D Macpherson

To the Chair of the Economy & Infrastructure Committee

“When will you be in a position to produce a timetable for Members to see on the rollout of Hydrogen vehicles and Electric vehicles to replace the existing Highland Council fleet in order to meet the Council’s own commitment to greatly reduce its carbon emissions as it tackles the previously agreed Climate and Ecological Emergency?”
The response will follow

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

(viii) Mr D Macpherson

To the Chair of the Economy & Infrastructure Committee

“What reassurance can you give to demonstrate that the Highland Council is currently on track with the publicly accessible electric vehicle infrastructure network across the Highlands and Islands to ensure it will become Carbon Neutral across the entire region by 2025 (which is now only 42 months away)?”

The response will follow 

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

(ix) Mr D Macpherson

To the Chair of the Communities & Place Committee

“During the recent Scottish Government Election campaign, the First Minister gave a commitment to communities and voters that once re-elected the SNP Government would create a £60 million outdoor community play fund available to renew every outdoor play park in Scotland so that local authorities could improve play parks for our children and teenagers, for them to enjoy safe active outdoor play and in so-doing improve the Nation’s health and mental well-being by reducing childhood obesity and isolation indoors, as part of a number of policies designed to help families in the recovery from the COVID pandemic and national lockdown. The First Minister said, “Backed by a £60 million fund, we’ll put in place a plan to renew every play park in Scotland, so that all children have access to a place to play in their own community.” Have you received a notification of the amount of money expected from this Scottish Government central fund which is to be allocated to the Highland Council towards refurbishing and enhancing the many play parks within its control?”

The response will follow

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

(x) Mr D Macpherson

To the Chair of the Communities & Place Committee

“With the summer holidays fast approaching, can you please give an update on the number of Highland & Island play parks that are still closed and awaiting the delivery of bark ground coverings and also for the play park areas currently cordoned off while they wait for the replacement of worn out and broken play equipment to arrive to ensure that this Council is delivering on its own commitments towards localism and improving the facilities for its families and young people of all ages?”

The response will follow

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

(xi) Mr B Boyd

To the Leader of the Council 

“Increasingly, Elected Members are expected to take advantage of the financial opportunities provided by various UK Government grants and funds (such as the Levelling-Up Fund) with insufficient time and information to offer a meaningful and informed response. This can lead to unsuccessful or inappropriate bids and missed opportunities for much needed funding.  
 
What human resources, processes, documentation, data-gathering and other resources are in place to support the quick turnaround required for preparation of funding bids?”

The response will follow 

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

(xii) Mr A Baxter  

To the Chair of the Education Committee

"What reassurance can you give to Highland parents that there are safeguards to prevent any cover up of violent incidences towards pupils in our schools as recent investigations have revealed occurred at Scottish Borders Council and what procedures are in place to ensure any such complaints are dealt with in an open and transparent manner?"

The response will follow.
 
Mr Baxter will be entitled to ask a supplementary question which will be answered by the Chair of the Committee. 

(xiii) Mr D Macpherson

To the Chair of the Economy & Infrastructure Committee

“The Highland Council’s Economy and Infrastructure Committee met on 4 February 2021 and agreed the distribution of an additional £20M for road maintenance programme and also agreed to continue with the current distribution method for the £7.2M base allocation. With the Highland Council’s commitment to invest these significant sums of taxpayers money on repairing and improving its ageing and crumbling road surfaces and filling the thousands of potholes throughout its vast network of 6,700 kilometres of town and rural roads, what additional steps and extended flexible working hours and new business practices, (including working at night and at weekends, as happens in other local authorities, in conjunction with quarries and suppliers and experienced subcontractors), are being explored and undertaken this year to ensure that the agreed budget allocated for essential road repairs and white lining etc. will all be met in the remaining weeks before the annual shutdown of Highland Council roadworks due to the autumn and winter temperature drops that the Council’s own roads engineers have previously explained prevent them annually from the effective continuation of roadworks throughout the 7 coldest months of the year from the months of October to April inclusive?”
The response will follow 

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

(xiv) Mr D Macpherson

To the Chair of the Economy & Infrastructure Committee

“Can you also please give an assurance that this Council will not simply spend the additional allocated roads improvement monies on new road signs and expensive shiny new machinery and equipment (that could be hired in as and when it’s required for use at multiple locations across the Highlands) for that equipment only to lay and gather dust in compounds for the seven dormant months of the year when it can only effectively be used for the five short months of good weather when ground temperatures are above the frost warning of 4oC across the Highland and Islands region that we serve?”

The response will follow

Mr Macpherson will be entitled to ask a supplementary question which will be answered by the Chair of the Committee. 
 
8. Notices of Motion 
Brathan Gluasaid                                                                                 
                                                                                                   
The following Notices of Motion have been received by the Head of Corporate Governance – 

(i)The cultural heritage of the Highlands is hugely important both to Highlanders and all who visit. There are some areas where we are very successful. Highland Council supports the Gaelic language, traditional music and a fortnight of events celebrating Highland Archaeology. We don’t have a framework of this kind to pull together all the strands of Highland history and present them to the world. Arguably, we do not draw sufficient attention to the unique qualities of our culture and history – and the importance of preserving and promoting them. We also have a duty to explore the bad as well as the good. A starting point would be to sponsor a pan-Highland conference to embrace all areas and periods so we may debate the issues in open forum. Accordingly:
    
Council proposes a Conference to promote the range and depth of Highland history in order to present a rounded picture of our unique cultural landscape.    
Council requests a report for its meeting on 9th September with an outline of proposals, themes, costings and timetable.

Signed:    Mr D Rixson    Mr G Adam

(ii)Glasgow Food & Climate Declaration - Since declaring a Climate & Ecological Emergency in 2019, Highland Council has prepared policies and strategies to progress towards the declared date of 2025. Council is asked to sign the Glasgow Food & Climate Declaration. 

In this year of COP26 hosted by Glasgow, there is opportunity to renew commitment to sustainable food policies. This declaration brings together Local Authorities to speak with one voice to develop sustainable food policies, act together and call on National Governments to put food and farming at the heart of the global response to the climate emergency.

Signed:  Mrs T Robertson  Mrs A Maclean  Mr D Rixson  Mr J Gray  Mr D Louden

(iii)Culloden Academy

Local Elected Members have been informed that the proposed Extension to Culloden Academy will not be completed on time, currently scheduled for 2023.
It has been suggested that the 2023 completion date is no longer achievable due to a ‘shortfall’ or miscalculation of the necessary funds and allocated Budget.

However, at a recent Full Council Meeting, the Administration gave assurances that this Capital Project would be delivered ‘on time and on Budget’

This revelation is a very real cause for concern for Local Elected Members, Culloden Academy Stakeholder Group, Parents and Staff.  
Culloden Academy does not provide a suitable learning environment for the young people on the existing school role, and by 2023 the school role is projected significantly to exceed capacity.

It is anticipated that substantial additional funds will be required to mitigate this situation.  We believe that these funds are available to the Council without having to adjust School Capital programmes in progress elsewhere in the Highlands.

Therefore the Council undertakes and commits to identifying and providing all and any necessary funding to ensure that the Culloden Academy Extension Project is completed without delay, as per the original programme of works agreed within the current Capital Programme.

Signed:      Mr K Gowans        Mr A Jarvie       Mr D Macpherson       Ms E Knox
Mrs G Campbell-Sinclair   Mr B Boyd

(iv)This Council welcomes the pledge by Nicola Sturgeon of 3rd April that  “backed by a £60 million fund, we’ll put in place a plan to renew every play park in Scotland, so that all children have access to a place to play in their own community”. Council resolves to approach Scottish Government to urge early implementation so that Highland children will have improved play parks as soon as possible, with a report back to the next Council on the outcome to all discussions held with the Government.

Signed:     Mr A Graham       Mr A Christie     Mrs T Robertson

9. Medium Term Financial Plan
Plana Ionmhais Meadhan-ùine

(i) Medium Term Financial Planning and Health & Prosperity Strategy Investment

There is circulated Report No. HC/14/21 dated 15 June 2021 by the Chief Executive.

The Council is invited to:-

(i)     agree the approach to medium term financial planning outlined at section 5, noting an anticipated £15m annual budget savings requirement over the medium term;
(ii)    note the progress made with the projects funded through Phase 1investment set out at section 6 and Appendix 1 & 2 of the report; 
(iii)   agree the recommendations for Phase 2 investment set out at section 7 and Appendix 3 and 4 of the report;
(iv)    consider the proposals for Phase 3 investment set out at section 7 and summarised in Appendix 3 of the report;
(v)     confirm the priorities for schools capital investment set out at section 9.3 of the report as follows:
        • Beauly Primary 
        • Culloden Academy
        • Dunvegan Primary 
        • Park Primary
        • St Clement’s School
        and note a full scope, timescale, associated cost and funding options are brought back to the September Council meeting; 
(vi)    note that there will be opportunities for member engagement to look at affordability of the overall capital programme, including a review of the loans fund accounting review and any other flexibilities available, to inform the recommendations that will come forward in October as set out in (vii) below; and
(vii)   note the development of the capital strategy, new 5 year fixed plus 5 year indicative capital programme and associated affordability considerations will be brought back to Council in October and factored into future iterations of the medium term financial plan.

(ii)    Annual Accounts 2020/21 and Revenue & Capital Budget Out-Turn Figures

There is circulated Report No. HC/15/21 dated 14 June 2021 by the Executive Chief Officer Resources and Finance. 

The Council is invited to:-

(i)     receive the unaudited Annual Accounts for the Highland Council, Highland Charities Trust, Highland Charitable Trust and the Highland Council Pension Fund for the year ended 31st March 2021 and note that these will be presented to the appointed auditor by the prescribed date of the 30th June 2021; and
(ii)    note the revenue, capital and Housing Revenue Account financial performance in the year 2020/21
 
10. Staff Survey
Suirbhidh Luchd-obrach

There is circulated Report No. HC/16/21 dated 10 June 2021 by the Chief Executive.

The Council is invited to:-

(i)    consider the Survey results as highlighted in Section 5 of the report and detailed in full in the Appendix; and
(ii)    support the proposed next steps as set out in Section 6 of the report. 

11. Levelling Up Fund and Community Renewal Fund
Maoin Dèanamh Co-ionann agus Maoin Ùrachadh Coimhearsnachd Aontachadh Cur a-steach Tagraidh

There is circulated Report No. HC/17/21 dated 14 June 2021 by the Executive Chief Officer Infrastructure, Environment & Economy.

The Council is invited to:- 

(i)     homologate the bid submissions in respect of the Levelling Up Fund and the Community Renewal Fund as contained in Appendix 1 of the report;
(ii)    agree that work continues on the Portree/Fort William bid for the next round of the Levelling Up Fund application; and 
(iii)   agree that further lobbying on the Council’s future share of the Shared Prosperity Fund remains a top priority for the Council.

The Appendices to the report will follow. 

12. Boundary Commission

There will follow Report No. HC/18/21. 

13. 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 13 May 2021 is available on the Council’s Website.

14. Recess Powers
Cumhachdan Fosaidh

The Council is invited to agree that, during the recess period, powers should be granted to the Chief Executive and Executive Chief Officers, in consultation with the Convener, Leader of the Council, Depute Leader of the Council, relevant Committee Chair and the Leader of the Opposition, to deal with issues arising during that time and that a report should be prepared for the first meeting of the Council or relevant Committee following the period where these powers have been exercised.

15. 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 Paragraph 6 of Part 1 of Schedule 7A of the Act.

16. Extension of the Highland Council Re-Settlement Programme

There is circulated to Members only Report No. HC/19/21 dated 14 June 2021 by the Chief Executive.

The Council is invited to agree the recommendations as detailed in the report.