Agendas, reports and minutes

A meeting of the Highland Council will be held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday 30 June 2022 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 provide some information on the nature of the interest and leave the meeting at the appropriate time.  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 Meeting of the Council held on 26 May 2022 and 9 June 2022 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:-

City of Inverness Area Committee 8 June 2022

Minutes of Meetings not included in the Volume are as follows         

(i) Investment Sub Committee – for approval – held on 11 March 2022; and
(ii) Community Planning Board – for noting – held on 20 December 2021 (approved by the Board on 8 April 2022).

Items 5 and 6 will be considered at 2.00pm

5. Question Time                       
Àm Ceiste

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

One supplementary question will be allowed in each case which will be answered by the recipient of the original question.

Public Question

Mr Ewing 

To the Chair of Economy and Infrastructure

“Despite having it in print that funding is available for a Pelican Crossing on the B9006 near the bus stops at Brinckman/Cradlehall, why has it not been installed, instead, why has money been wasted on pavement alterations which only encourage the public to cross at a more dangerous spot?” 

The response will follow.

Member Questions 

(1) Mr A Christie

To the Leader

“Please could the Leader share with us either estimated or clear timescales, the process by which the Administration intends to formulate, debate, and approve the new Administration Programme which will become the Highland Council Programme?”

The response will follow.

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

(2) Mr A Christie

To the Chair of Corporate Resources

“Could the Chair of Corporate Resources (or Budget Lead) please detail the impact both operationally and in financial terms that the Scottish Government Resource Spending Review published on 31 May 2022 will have on the Council with particular regard to the Fraser of Allender Institute assertion that the local government budget will decline by 7% in real terms between 2022/23 and 2026/27?”

The response will follow.

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

(3) Mrs T Robertson

To the Chair of Housing and Property Committee

“Artificial grass pitches are a significant source of microplastic pollution. The number of these is growing across HIGHLAND. 

The weather, pitch maintenance and the shoes and clothes of players can dislodge and transport the microplastic granules away from the field. Each pitch requires replacement of up to 5 tonnes of micro crumb infill on a yearly basis to maintain the standard. 

Microplastic pollution has an impact on the soil, waterways and ultimately the ocean.

What practical steps are being taken to reduce or prevent microplastic loss from artificial pitches across our estate?”

The response will follow.

Mrs Robertson will be entitled to ask a supplementary question which will be answered by the Chair.

(4) Mr A Jarvie

To the Chair of Corporate Resources

“How many employees have taken the Council to employment tribunal in each of the last 5 years, broken down by high level reasons for lodging the action”.

The response will follow.

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

6. Notices of Motion 
Brathan Gluasaid

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

(i) This Council recognises that proficiency in learning the fundamentals of literacy and numeracy is a core foundation of primary education.

This Council recognises that children who do not learn such skills at primary school are less likely to have a positive destination when they leave school.

Noting that Highland Council currently benchmarks poorly in Scotland for literacy and numeracy at stages Primary One, Four and Seven, this  Council instructs that an Improvement Report be presented by the Executive Chief Officer of Education to the next full Council Meeting following discussions at the Education Committee. This Council instructs that thereafter regular progress updates be submitted to each Education Committee by the Executive Chief Officer of Education, and biannually to Council.

Signed:     Ms H Crawford      Mr A Christie

(ii) The SNP Government committed to dualling the A96 Inverness to Aberdeen by 2030. 

Specific trunk road interventions emerging from the review included upgrading the A96 between Inverness and Nairn to dual the carriageway and build a Nairn bypass. 

The intention to fully dual the A96 was thereafter announced in December 2011, when Scottish Ministers published their Infrastructure Investment Plan, which contained the commitment to dual the A96 between Inverness and Aberdeen, thus completing the dual carriageway network between all Scottish cities.

The public enquiry was held in 2018 and the Inverness to Nairn section has ministerial approval.

Council directs the administration to write to the Government to request the works to upgrade the Inverness to Nairn (including bypass) begin without further delay and to report back to Council on the condition and congestion on the A96.

Signed:     Mrs T Robertson      Mr L Fraser        Ms B Jarvie

(iii) This Council congratulates the organisers, volunteers and funders who helped stage celebratory events for Queen Elizabeth II's Platinum Jubilee. 

Given the years of COVID-19 restrictions, which severely limited community interactions and curtailed so many events and celebrations, it was encouraging to see so many communities coming together to mark such a historic moment.

From the lighting of beacons to street and garden parties, quizzes and sports nights, the Highland Council recognises the unique role that Highland events played in marking seventy years of dedication and service to our Country and The Commonwealth.

Signed:     Mr S Mackie      Mr A Jarvie

7. Annual Accounts 2021/22
Cunntasan Bliadhnail 2021/22     

There is circulated Report No. HC/12/22 dated 17 June 2022 by the Executive Chief Officer Resources and Finance. 

The Council is invited to 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 31 March 2022 and note that these will be presented to the appointed auditor by the prescribed date of 30 June 2022.

8. Embedding Trauma Informed Practice in Highland Council
Stèidheachadh Cleachdadh Trauma Fiosraichte ann an Comhairle na Gàidhealtachd   

There is circulated Report No. HC/13/22 dated 20 June 2022 by the Executive Chief Officer Infrastructure Health and Social Care.

The Council is invited to agree to: 

ii.   note the Improvement Service document ‘Elected Member Briefing Note – Trauma is Everybody’s Business’ at Appendix 1 to the report;
ii.  communicate their support for Highland Council to become a trauma-informed organisation and to supporting a trauma informed workforce;
iii. support and promote the implementation of the national training programme for officers and elected members; and 
iv.  commit to implement a network of trauma informed Champions tasked to collaborate across services and teams to make the necessary connections across the organisation.                    

9. Family Leave for Elected Members
Fòrladh Teaghlaich airson Buill Thaghte

There is circulated Report No. HC/14/22 dated 1 June 2022 by the Executive Chief Officer Performance and Governance.

The Council is invited to consider whether to adopt the COSLA Family Leave Guidance.

10. Short Term Lets
Màil Gheàrr-ùine

i. STL Licensing Regime
Reim ceadach

There is circulated Report No. HC/15/22 dated 7 June 2022 by the Principal Solicitor, Regulatory Services. 

The Council is invited to note the positioning given the scale of and potential impact of the proposed licensing regime across the Council area.

ii. Establishing a Short-Term Let Control Area for Ward 20: Badenoch & Strathspey 
A’ Stèidheachadh Raon Smachd Màil Gheàrr-ùine airson Uàrd 20: Bàideanach & Srath Spè 

There is circulated Report No. HC/16/22 dated 13 June 2022 by the Executive Chief Officer Infrastructure, Environment & Economy.

The Council is invited to:

i.   note the new and emerging legislation to control and manage Short-term lets (STL) as summarised in Section 4 of the report;
ii.  consider the consultation feedback and the potential implications that a STL Control Area will have on communities within Ward 20 (Badenoch and Strathspey) as set out in Appendix 1 and summarised in Section 5 of the report; andiii. based on the consultation feedback and available evidence, agree to apply to Scottish Ministers to designate Ward 20 (Badenoch and Strathspey) as a Short-Term Let Control Area and to delegate authority to Officers to:-

a) submit the STL Control Area proposal to Scottish Ministers;
b) following the decision by Scottish Ministers bring back a further report to the Economy & Infrastructure Committee confirming the outcome and outlining the next steps, including the date of the commencement of the Control Area; and
c) arrange a Member’s workshop to discuss the differing planning policy options for considering and determining planning applications for secondary letting within the STL Control Area.

11. Local Authority Covid Economic Recovery (LACER) Funding
Maoineachadh Ath-shlànachadh Eaconamach Covid Ùghdarrais Ionadail 

There is circulated Report No. HC/17/22 dated 15 June 2022 by the Chief Executive.

The Council is invited to note:- 

i.   that the Highland Council’s LACER funding is non-recurring; 
ii.  that the proposed support for business is in addition to business grant provision for economic recovery, growth and resilience;
iii. the ongoing measures and activities being undertaken to maximise households’ incomes. This includes removing complex application processes, using well-established referral pathways, making best use of social media and the Council’s website, and through the effective and well-established collaboration between the Council’s Welfare Support team and Citizens Advice;
And agree:
iv.  that £0.210m be provided on a non-recurring basis for regulatory compliance by businesses through increased support and online services from Environmental Health and Trading Standards;
v.   to provide a non-recurring £3.429m package of welfare support for households most disproportionately impacted by the pandemic; and 
vi.  the welfare eligibility criteria, payment arrangements and timescales for making payments, as set out in section 9 of this report. 

12. Levelling Up Fund
Maoin Dèanamh Co-ionann 

There is circulated Report No. HC/18/22 dated 15 June 2022 by the Executive Chief Officer Infrastructure, Environment & Economy.

The Council is invited to agree that: 

i.   bids are submitted in Round 2 of the Levelling Up fund for the North Coast 500 (Transport Bid) and Portree Harbour (standalone Heritage bid); 
ii.  that the submission of the finalised bids is delegated to the Executive Chief Officer Infrastructure, Environment & Economy, in consultation with the Council Convener, the Council Leader and the Chair and Vice Chair of Economy and Infrastructure Committee as outlined in paragraph 6.1 of the report; and 
iii. work continues on the preparation of bids for the Caithness and Sutherland and Ross, Skye and Lochaber Constituency bids over the coming year to ensure readiness for Round 3 of the Levelling Up Fund process.

13. Shared Prosperity Fund
Maoin Soirbheachais Co-roinnte

There is circulated Report No. HC/19/22 dated 15 June 2022 by the Executive Chief Officer Infrastructure, Environment & Economy.

The Council is invited to:

i.   agree and comment on the proposed approach and activities to be included in the Investment Plan;
ii.  note the process underway and timelines associated with the finalisation and submission of the Investment Plan; and 
iii. agree the approval of the final Investment Plan for submission to the UK Government will be delegated to the Executive Chief Officer Infrastructure, Environment & Economy, in consultation with the Council Convener, the Council Leader and the Chair and Vice Chair of Economy and Infrastructure Committee for the reasons outlined in paragraph 6.5 of the report.

14. Opportunity Cromarty Firth – Green Freeport Bid      
Cothrom Linne Chromba – Tairgse Saor-phuirt Uaine

There is circulated Report No. HC/20/22 dated 15 June 2022 by the Executive Chief Officer Infrastructure, Environment & Economy.

The Council is invited to:

i.   note the summary and update on the OCF Project including the OCF Consortium’s bid for Green Freeport status, as outlined in Section 4 of the report;
ii.  agree to homologate the Council’s support for the OCF project and Green Freeport bid as set out in the letter of support prepared and signed by the Leader of the Council at Appendix A;
iii. agree for the Council to continue its support for the Consortium and relevant communities in enabling the delivery of OCF and promoting its benefits to the region and Scotland/UK; and
iv.  note that the result of the Green Freeport competition is due to be announced later in 2022 and next steps will be reported to a future Committee.

15. Appointments
Cur an Dreuchd

i.  Senior Strategic Chairs

Following agreement to the establishment of two Senior Strategic Chairs at the meeting on 9 June 2022, Council is invited to agree that the Chair of Education and Chair of Economy and Infrastructure are appointed.

ii. South Planning Applications Committee

Additional membership to the South Planning Applications Committee, to that submitted to the Council’s last meeting on 9 June 2022, will be tabled for noting.

iii. Northern Roads Collaboration Joint Committee 

The Northern Roads Collaboration Joint Committee is a Joint Committee established by Aberdeen City Council, Aberdeenshire Council, Angus Council, Argyll and Bute Council, Comhairle nan Eilean Siar,  Moray Council, and The Highland Council  (the “Constituent Authorities”) under sections 56 and 57 of the Local Government (Scotland) Act 1973.

The Joint Committee undertakes to appoint two named representatives from each Constituent Authority to its membership.  The creation of the Joint Committee represents the joint commitment of the Constituent Authorities to work collaboratively for the joint discharge of road and road-related functions, including ports and harbours (the “Roads Collaboration”).

The Council is invited to agree to appoint the Chair and Vice Chair of the Economy and Infrastructure Committee and to nominate two substitute Members to represent the Highland Council on the Northern Roads Collaboration Joint Committee

iv. Scottish Joint Council for Local Government Employees 

The full Sottish Joint Council (SJC) meets once a year in November. Each Council should nominate one member for the SJC. Where the nominated councillor is unable to attend a meeting, the constitution allows another councillor to substitute. Councillor representatives on the SJC Steering Group meets 3-6 times a year and is drawn from the group of councillors nominated to the SJC at the COSLA Convention. 

The Council to invited to agree to consider an appropriate Committee position to the Scottish Joint Council.

v. Scotland Excel Joint Committee

Scotland Excel is governed by a joint committee and was formed under section 57 of the Local Government (Scotland) Act 1973 to carry out a range of procurement functions on behalf of Councils and associate members.  The Joint Committee is made up of Elected Members from each of Scotland’s local authorities.

The Council is invited to appoint 1 Member to the Scotland Excel Joint Committee.

vi. Community Planning Partnership Board

The remit of the Community Planning Partnership Board is to provide collective strategic leadership and oversight of service delivery with the aim of improving services and outcomes for Highland communities; to promote and develop improved partnership working; to provide vision, direction and governance for community planning activity; and to provide oversight and scrutiny of partnership activity and priorities.  

The Council is invited to agree to appoint 2 Members to the Community Planning Partnership Board.

vii. NHS Highland Health & Social Care Committee

At its last meeting the Council appointed Mrs M Cockburn, Mr D Fraser and Mr R Gunn to the NHS Highland Health & Social Care Committee.  However, Mrs Cockburn has a place on this Committee by virtue of being appointed by the Council to the NHS Highland Board.

Accordingly, the Council is invited to further appoint 1 Member to the Health & Social Care Committee. 

16. Timetable of Meetings for the remainder of 2022
Clàr-ama Choinneamhan airson na tha air fhàgail de 2022

There is circulated amended timetable of Meetings for the remainder of 2022 for approval.

Members are asked to note that a proposed Timetable for Meetings in 2023 will be circulated for consideration at the September Council meeting. 

17. 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, 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.

18. 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 26 May 2022 is available on the Council’s Website.

19. 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 and 9 of Part 1 of Schedule 7A of the Act.

20. Commercial Property Investment Opportunity
Cothrom Tasgadh Seilbh Coimeirsealta

There is circulated to Members only Report No. HC/21/22 dated 16 June 2022 by the Executive Chief Officer Infrastructure, Environment & Economy.

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

21. Tain 3-18 Campus Project      
Pròiseact Àrainn Bhaile Dhubhthaich 3-18

There is circulated to Members only Report No. HC/22/22 dated 16 June 2022 by the Executive Chief Officer Housing and Property.

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