Agendas, reports and minutes

Lochaber Committee

Date: Tuesday, 30 August 2022

Agenda: Read the Agenda

A meeting of the Lochaber Committee will take place remotely on Tuesday 30 August, 2022 at 10.30 a.m. 
 
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. Apologies for Absence
    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. Recess Powers
    Cumhachdan Fosaidh
 
The Committee is asked to note that the Recess Powers granted by the Council at its meeting on 30 June 2022 have not been exercised in relation to the business of the Lochaber Committee.
 
4. Appointment of Chair 
    Cur Cathraiche an Dreuchd
 
Nominations are invited for the post of Chair of the Lochaber Committee.
 
5. Appointment of Vice Chair
    Cur Iar-Chathraiche an Dreuchd
 
Nominations are invited for the post of Vice Chair of the Lochaber Committee.
 
6. Scottish Fire and Rescue Service Local Committee Performance Report   
    Aithisg Choileanaidh Comataidh Ionadail Seirbheis Smàlaidh agus Teasairginn na h-Alba
 
There is circulated Report No LA/12/22 by the Local Senior Officer for Highland.
 
The Committee is invited to comment and scrutinise the Area Performance Report.
 
7. Lochaber Area Roads Winter Service Plan 2022/23
    Plana Seirbheis Rathaidean Geamhraidh Sgìre Loch Abar 2022/23
 
There is circulated Report No. LA/13/22 by the Executive Chief Officer Infrastructure, Environment and Economy.
 
Members are asked to:
 
i approve the Winter Service Plan for the Lochaber Area; and
ii note that Covid-19 and driver’s hours regulations will potentially have an impact on the winter service provided.
 
8. Asset Transfer Request – Tougal Car Park (Change Request)
   Gluasad So-mhaoin Coimhearsnachd – Pàirc Chàraichean an Taoibh Ghil
 
There is circulated Report No. LA/14/22 by the Executive Chief Officer Communities and Place.
 
Members are asked to agree the following recommendation for transfer of the asset:
 
19-year lease of Tougal public toilets and car park by Morar, to Road to the Isles Facilities Group, at no annual charge. Conditions of the transfer to include:-
 
• The lease will be restricted to community use, including provision of public toilet facilities and chargeable parking.
• The lease will be on a Full Repairing and Insuring basis (the tenant will be responsible for maintenance and insurance).
• Evidence of Planning approval for the proposed development. 
• Evidence of security of tenure over additional land for development of additional parking.
• Road to the Isles Facilities Group covers all reasonably incurred property and legal costs associated with the asset transfer process – both the Council’s and its own.
• Any transfer will be subject to existing burdens / conditions in the Council’s title to the property (e.g. 3rd Party access rights, etc.). The Council may also impose further burdens / conditions if they consider this expedient (e.g. economic development burdens, etc). The Council will only transfer property for which it has title to do so.
• Any other terms to be agreed by the Executive Chief Officer Communities and Place in consultation with the Chair of Lochaber Committee.
 
9. Applicant Change Request 
    Iarrtas airson Tagraiche Atharrachadh
 
The Scottish Government allocated the Highland Council £1,963,000 ring-fenced Place Based Investment Programme (PBIP) funding for 2021/22.  On 1 September 2021, Members of the Economy and Infrastructure Committee agreed an area distribution of the grant. Lochaber Committee was allocated £154,144.
 
In discussion with Ward 11 and 21 Members at the joint Ward Business Meeting held on 11 October 2021, Members expressed a desire to invite bids for the available PBIP grant. The process opened on 29 December 2021 and closed 21 January 2022. On the 7th February 2022 the Lochaber Committee approved four applications.
 

See full report and minutes here:

https://www.highland.gov.uk/meetings/meeting/4608/lochaber_committee
 
The Isle of Canna Community Development Trust has since approached the Highland Council for a change request of the preferred delivery partner on their project. Due to internal resource, VAT considerations and the ownership of the land belonging to the National Trust for Scotland, it has been agreed between the Trust and NTS that it is more appropriate for NTS to receive the PBIP funding and delivery this project. Upon completion of the building, a long lease (20+years) will be instated and the property will be managed by Isle of Canna Community Trust on behalf of the community. The Trust have several different funding steams involved in this project and measures have been taken to ensure NTS as the delivery partner on all approved applications. The Rural Tourism Infrastructure Fund by example has already approved the change request.
 
The Committee are invited to approve the applicant change request of the preferred delivery partner on the project to National Trust for Scotland.
 
10. Town Centre Fund Request for Reallocation of Funding
      Iarrtas Maoin Meadhan a’ Bhaile airson Maoineachadh Ath-riarachadh
 
There is circulated Report No. LA/15/22 by the Executive Chief Officer Infrastructure, Environment & Economy.
 
Members are asked to approve a variation to the Town Centre Fund grant for a total of £25,314.41 towards the cost of dredging works, in line with the approved objectives of the Highland Coastal Communities Fund project. 
 
11. Appointments to Outside Bodies
     Cur an Dreuchd gu Buidhnean air an Taobh A-muigh
 
Company appointments
 
Isle of Rum Community Trust
The Isle of Rum sits within Ward 11.  The Isle of Rum Community Trust (Company registration number SC321870) was established in 2007 in response to a transfer of ownership of some land to the community by Scottish Natural Heritage who own the remainder of the Island.  The Trust is also a charity (charity number SCO39637).
Membership of the Company is open to everyone over the age of 11 who is either resident on or has an interest in the island.  Categories of membership are Ordinary; Associate and Junior.  There are also two nominated members – The Highland Council and Scottish Natural Heritage.  Both bodies are entitled to appoint one Director and one Alternate Director who may substitute / vote if the appointed Director is unable to.
 
The Committee is asked to appoint 2 Members to the Isle of Rum Community Trust – 1 Director and 1 Alternate Director
 
Isle of Eigg Heritage Trust
The Isle of Eigg sits within Ward 11.  The Isle of Eigg Heritage Trust is the community organisation which owns the Isle of Eigg.  The Trust manages and stewards the island’s development for current and future residents.  The Trust is a company limited by guarantee (Company registration number SC170339) and a registered Scottish Charity (SC025609).  The Trust has three members, The Isle of Eigg Residents’ Association, The Highland Council and the Scottish Wildlife Trust.  The Isle of Eigg Residents’ Association has four directors who are elected by the community.  The Highland Council and the Scottish Wildlife Trust are entitled to appoint one director each should they wish to appoint.  The Trust as an independent Chair person.
 
The committee is asked to appoint 1 Member to the Isle of Eigg Heritage Trust.
 
Knoydart Foundation
The area of Knoydart is located in Ward 11.  The Knoydart Foundation (Company registration number SC171248) was established in 1997 with the aim of managing the former Knoydart Estate as an area of employment and settlement without detriment to its natural beauty and character and to seek and encourage the preservation of its landscape, wildlife, natural resources, culture and rural heritage. The Trust is also a registered Charity (SCO26246). Thee Highland Council and John Muir Trust are entitled to appoint one Director each should they wish to appoint.
 
The Committee is asked to appoint 1 member to the Knoydart Foundation
 
Loch Shiel Jetties Trust
Loch Shiel Jetties Trust is a Company Ltd by Guarantee incorporated on the 25th March 1999 (company registration number SC194641).  The purpose of the Company is to acquire, manage and maintain for the benefit of the local communities and other users, any one or more of the jetties, piers or marine structures of similar purpose situated in Loch Shiel. The Trust is governed by its Memorandum & Articles of Association and not by a Trust Deed as implied in the company name.  The company currently demonstrates some public benefit, however there is at present no charitable objectives and is not registered as a Charity.
The Council are entitled to nominate up to 2 directors should the Council wish to appoint.  The Loch lies within Ward 21.
 
The committee is therefore asked to appoint up to 2 Members to the Loch Shiel Jetties Trust.
 
Lochaber Care & Repair
Lochaber Care & Repair is a registered company (company registration number SC305764) non-profit making charity (SCO305764) established in 2006 offering free, independent advice, support and assistance to help elderly and/or disabled homeowners (or someone in the house who is) repair, improve and adapt their homes in order that they can live in comfort and safety in their own communities.
Their Board recruitment policy reserves 2 places on the board for Elected Members
The Committee is therefore asked to appoint up to 2 Members to the Lochaber Care & Repair Board.
 
Lochaber Housing Association
Lochaber Housing Association (LHA) is a Society under the co-operative and Community Benefits Act 2014 as well as being a Scottish Charity.  The Association has two subsidiary companies – Lochaber Care & Repair and Lochaber Association property services which is a community interest company.  The Housing Association does not trade for profit and all of the income generated is used to meet running costs and invest in current and future housing activities.
The LHA Board can appoint up to a third of the board membership as co-optees,to bring specific expertise to the Board.  An additional 2 co-opted places are reserved for co-options by Highland Council of 2 of its elected members
 
The Committee is therefore asked to approve 2 Members for co-option onto the Lochaber Housing Association Board
 
Martin Ferguson Memorial Trust
The Martin Ferguson Memorial Trust was set up in 1991 under a Deed of Trust by the former Lochaber District Council (now Highland Council) to consider applications for funds held by the Trust from young persons under the age of 25 years residing in the  Lochaber area to enable them to travel to any part of the world to study or take part in cultural, educational and sporting activities or to obtain special medical treatment or assist in the relief of suffering.
The trust deed outlines a specific requirement for 2 Councillor trustees interpreted as the Highland Council Lochaber Area Leader and 1 other Councillor serving Ward 21.
 
The Committee is therefore asked to appoint 2 Members to the Martin Ferguson Memorial Trust – Chair of the Lochaber Area Committee plus one other Ward 21 Member
 
Ardnamurchan Lighthouse Trust
The Lighthouse sits within Ward 21.  The Lighthouse Trust is a registered Company established in 1996 (company registration number SC170704), it is also a registered Charity (SC025610).  The Trust manages the Lighthouse complex as a social enterprise and visitor attraction. The Trust does not reserve a place on the Board for Highland Council, however the board have expressed a desire for continued Member involvement.
 
The Committee is therefore asked to appoint 1 Member to the Ardnamurchan Lighthouse Trust
 
West Highland Museum Trust
The museum sits within Ward 21.  The West Highland Museum Trust is a registered Company (company registration number SC581556), it is also a registered Charity (SC047954).  The Trust manages the museum collection, land, buildings and associated assets for the benefit of the Community and the general public.  The Trust also advances the arts, heritage, culture and science of the West Highlands. The museum is one of the oldest museums in Highland founded in 1922.  The Trust requires two nominated persons to service as Directors on the board, one by Highland Council the other by Lochaber History Society.
 
The Committee is therefore asked to appoint 1 Member to the West Highland Museum Trust
 
Non – company appointments
 
The committee is asked to appoint 1 Member to each of the following groups or organisations 
 
Aonach Mor Liaison Group
Fort William 2040 Stakeholder group (Ward 11 Member)
Fort William 2040 Stakeholder group (Ward 21 Member)
Linnhe Leisure (Nevis Centre) – Advisor to the Board
Nevis Landscape Partnership – Advisor to the Board
Lochaber District Fisheries Trust
Lochaber District Salmon Fishery Board
Lochaber Environmental Group
Lochaber Music Festival Association
Lochaber Health & Social Care redesign stakeholders’ group (Ward 11 Member)
Lochaber Health & Social Care redesign stakeholders’ group (Ward 21 Member)
Lochaber Community Partnership – Kinlochleven Community Action Group
Lochaber Community Partnership – Caol Community Action Group
Lochaber Community Partnership – Upper Fort William Community Action Group
Lochaber Community Partnership – Ward 11 Member
Lochaber Community Partnership – Ward 21 Member
 
12. Ward Discretionary Budget
      Buidseat fo Ùghdarras Uàird
 
The Committee are invited to note that the following Ward Discretionary Fund applications have been approved since 1st April 2022:-
 
Ward 11 & 21 
Mallaig Ardnamurchan & District Pipe Band  - Venue hire costs - £789.75
Headway Highland – Support for core organisation costs - £142.86
Highland Council - Cruise ship welcome plaques - £115
Highland Council – Deer warning signs, Kinlochleven - £147.48
 
Ward 11
Mallaig Community Council – for phase 1 circular path works - £5000
 
13. Minutes
      Geàrr-chunntas
 
There is circulated for information, Minutes of the Special Meeting of the Lochaber Committee held on 7 March, 2022 which were approved by the Council on 10 March, 2022.