Agendas, reports and minutes

A meeting of the Highland Council will be held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday 14 March 2024 at 9.35am.

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 Legal and Governance

BUSINESS

1. Calling of the Roll and Apologies for Absence
Gairm a’ Chlàir agus Leisgeulan

2. Declarations of Interest/Transparency Statement
Foillseachaidhean Com-pàirt/Aithris Fhollaiseachd

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. Notice of Amendment (Planning) – Planning Application (23/00497/FUL) 
Brath Atharrachaidh (Dealbhadh) – Iarrta Dealbhaidh (23/00497/FUL)

In order to participate Members will be required to have completed the planning training.  Members are also reminded that during determination of any planning application they must be present throughout the whole of that item in order to be entitled to participate.  

Applicant: Intelligent Land Investments Group Plc (23/00497/FUL) (PLS/02/24)
Location: Land 75M SE Of Camas House, Fairways Business Park, Inverness (Ward 19).
Nature of Development: Battery energy storage facility comprising access track, compound of battery and electrical equipment, meter building, stores, fencing, security cameras, and associated landscaping.
Recommendation: Refuse

The South Planning Applications Committee (SPAC) granted planning permission for the above application at its meeting on 7 February 2024.  The following Notice of Amendment was then received on 12 February 2024:

“We the undersigned, being Elected Members of the Highland Council, hereby declare our wish that the decision of the South Planning Applications Committee at its meeting on 7 February 2024 on the above applications (Agenda Item 5.1) be reviewed at the next scheduled meeting of the full Council.

Signed: Mr T MacLennan Mr P Oldham Mr C Ballance Mr M Cameron Mr A Baldrey Ms K Willis Mr A Christie Ms T Collier Ms K MacLean Mr R Gale Mr A MacDonald Mr A Millar Mrs B Jarvie Mrs T Robertson Mr K Gowans Mr I Brown Mrs G Campbell-Sinclair Ms M Hutchison Ms S Atkin Mr A Jarvie Dr C Birt Mr M Reiss Mr S Kennedy Ms L Kraft Ms S Fanet Ms E Knox Mr C Munro Mr J Grafton Mrs L Saggers Mr A Sinclair

In this context, there is circulated separately in Booklet A the following:

i.  Report Nos PLS/02/24, by the Area Planning Manager – South; and 
ii. copy of the draft Minute from the meeting of the South Planning Applications Committee held on 7 February 2024.

The Council is invited to consider the Notice of Amendment (Planning) and thereafter determine planning application 23/00497/FUL.

Item 4 below will be considered at 12.45 pm.

4. Presentation – Director of Public Health – Annual Report    
Taisbeanadh – Stiùiriche Slàinte Phoblaich – Aithisg Bhliadhnail

There is circulated Report No HC/02/24 by the NHS Highland Director of Public Health and Health Policy.  There will be a presentation on the NHS Highland Director of Public Health Annual Report, a copy of which is available at the link below: 

The Annual Report of the Director of Public Health 2023 - Medication and Public Health - Do the Right Thing - Dr Tim Allison (scot.nhs.uk)

The Council is asked to note the 2023 Director of Public Health Annual Report.

5. 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 14 December 2023 (and continued on 11 January 2024) and the Special Council held on 29 February 2024 as contained in the Volume which has been circulated separately.

6. 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:-

Black Isle and Easter Ross Area Committee, 22 January 2024
Nairnshire Committee, 22 January 2024
Lochaber Area Committee, 23 January 2024
Sutherland County Committee, 23 January 2024
Audit Committee (Special Meeting), 24 January 2024
    
Starred Item as follows:-

Item 5 - Risk Management – Updated Risk Management Strategy and new Risk Appetite Statement – agreed to recommend to the Council the Risk Appetite and that it would be named the Corporate Risk Management Policy.

Caithness Committee, 29 January 2024
Wester Ross, Strathpeffer and Lochalsh Committee, 29 January 2024
Housing and Property Committee, 31 January 2024
City of Inverness and Area Committee, 5 February 2024
Isle of Skye and Raasay Committee, 12 February 2024
Badenoch and Strathspey Area Committee, 12 February 2024
Health, Social Care and Wellbeing Committee, 14 February 2024
Economy and Infrastructure Committee, 15 February 2024
Dingwall and Seaforth Committee, 19 February 2024
Education Committee, 21 February 2024
Pensions Committee, 22 February 2024

Starred Item as follows:-

Item 10 - Review of Statutory Consultation Exercise - Closure of Gergask Primary School – agreed to recommend to the Council that it discontinue education at Gergask Primary School, transferring its catchment to that of Newtonmore Primary School.  Gergask Primary School had not been operational since September 2022 and a closure decision would formalise the current operational situation.

Nairnshire Committee (Special Meeting), 4 March 2024
Communities and Place Committee, 6 March 2024, to follow
Corporate Resources Committee, 7 March 2024, to follow

Minutes of Meetings not included in the Volume are as follows:-        

i.  Highland and Western Isles Valuation Joint Board – for noting – held on 17 November 2023 (approved by the Board on 9 February 2024); and
ii. Community Planning Board – for noting – held on 5 December 2023 (approved by the Board on 1 March 2024).

Item 7 (Question Time) will be considered at 2pm

7. Question Time
Àm Ceiste 

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

Public Question

(1) Mr D MacKenzie

To the Leader of the Council

Are the terms of reference for the Economic Impact Assessment on the Academy Street project intended to seek support for the council’s proposals?

Member Questions

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

(1) Mr A Christie

To the Leader of the Council

Please could the Leader detail the rationale or calculations that led to the Budget sums that were included in the papers that were presented to Council on 29th February in respect of Transient Visitor Levy £10m in 26/27, Strategic Operating Model Saving (CS:4)£1.67M across three years, Income from campervan and motorhome charging (CS:18) £1.5m across three years and the Earmarked Reserves of £20m for Adult Social Care -Redesign.

(2) Mr A Christie

To the Leader of the Council

Please could the Leader explain on the following budget items presented to Council; Reconfiguring School Assets (CS:28) and Childrens Services - Family First Approach (CS:22) the schools likely to be mothballed or closed and any children’s homes that potentially could be closed?

(3) Mr M Baird

To the Chair of Economy and Infrastructure

As a result of the recent snow falls and many of the roads in Sutherland being effected. Is it not time to assist the normal council gritting staff to be joined by a voluntary workforce of Crofters/Farmers( those with JCB's and tractors with blades) to assist in lesser road clearances?

(4) Mr J Grafton

To the Chair of Economy and Infrastructure

Can the chair please clarify what percentage increase in the income generated from EV charging has been made by the council, since the increase in charges. As against the income prior to the increase.

(5) Mr A Baldrey

To the Chair of Communities and Place

Under the Community Empowerment Act ( Scotland) 2015 one of the duties placed on Local Authorities is the provision of land for allotments.

Notwithstanding the report to the recent C and P Committee which largely dealt with allotment policy and rules, please can you tell me what actions Highland Council is taking to actively increase the availability of allotment plots?

(6) Mr C Ballance 

To the Leader of the Council

In view of the recent press reports that there are 334 potential breaches of planning law currently under investigation in the Inverness area alone, including 50 in my ward of Aird and Loch Ness, how many planning enforcement officers are currently employed in the South Planning Area?

(7) Mr R MacKintosh 

To the Chair of Housing and Property

Since it is a requirement for all short-term premises to obtain a short-term licence, including those accommodations that are shared with residents. Can the Highland Council give me the full break down of all short-term licences that have been applied in every local area? A breakdown of the number of applications received, the number processed and the number still outstanding by local ward area.

(8) Mr D Macpherson 

To the Leader of the Council 

Could the Leader of the Council please detail how much money Highland Council received in European funding in each of the last 3 years of the European funding programmes, compared to how much this Council has been awarded from the replacement funding schemes from the UK Government of the Levelling Up Fund and the Shared Prosperity Fund, since their introduction?

(9) Mr A Graham 

To the Leader of the Council

Charleston Academy: please provide details of the present situation with survey work being undertaken in connection with RAAC (Reinforced Autoclaved Aerated Concrete)  including expected date of receipt of final report(s) and when they will be reported to Housing & Property Committee.

(10) Mr P Logue

To the Leader of the Council

Do you agree that there should be equity in educational provision across Scotland and, if so, is that being delivered by Highland Council?

8. Membership of the Council
Ballrachd na Comhairle

The Council is advised that Mr Colin Aitken has tendered his resignation as a Member of the Council with effect from 12 February 2024. In this regard, a By-Election for Ward 19 (Inverness South) will be held on Thursday 11 April 2024. 

9. Membership of Committees etc / Appointment of Chair of Climate Change Committee
Ballrachd Chomataidhean msaa / Cur an Dreuchd Cathraiche Comataidh Atharrachadh na Gnàth-shìde

The Council is advised that Mr P Logue has joined the Scottish Liberal Democrats.  On that basis, the political make-up of the Council is now as follows:-

SNP – 21 / Highland Independent – 18 / Scottish Liberal Democrats – 14 / Scottish Conservative and Unionist – 8 / Highland Alliance – 5 / Scottish Green Party – 4 / Labour – 2.

The formula in respect of the number of places on Strategic Committees is now 5/5/4/2/2.

On that basis, revised Committee memberships will be tabled at the meeting.

The Council is also asked to note that nominations for appointments to South Planning Applications Committee in respect of Wards 19 and 21 will be tabled at the meeting.

The Council is invited to appoint a Chair of the Climate Change Committee.

10. Appointments to Companies - Highland Opportunity (Investments) Limited
Cur an Dreuchd gu Companaidhean - Cothrom dhan Ghàidhealtachd (Tasgaidhean) Earranta

Following the resignation from the Company of Mrs H Crawford, the Council is asked to agree the appointment of a new Director for Highland Opportunity (Investments) Limited.

11. Resetting the Highland Outcome Improvement Plan (HOIP)         
Ag ath-shuidheachadh Plana Leasachaidh Buil na Gàidhealtachd

There is circulated Report No. HC/03/24 by the Chief Executive.

The Council is invited to:-

i.   note the engagement work that has been undertaken to date and the feedback received to reset the HOIP;
ii.  consider and agree the revised draft HOIP; and
iii. note the next steps for developing a delivery plan which will set out the actions for delivering the revised HOIP.   

12. Highland Council Delivery Plan 2024-2027                            
Plana Lìbhrigidh Chomhairle na Gàidhealtachd 2024-2027

There is circulated Report No. HC/04/24 by the Chief Executive.

The Council is asked to note:

i) the Draft Council Delivery Plan for 2024-2027 as presented; 

and Agree: 

ii) that following engagement with partners, the Final Delivery Plan will come forward for Member approval at Council in May 2024.

Members are also asked to note:-

i.   the Council Delivery Plan 2024-2027 will underpin the implementation of Council Programme 2022-2027, the Performance Plan 2022-2027 and the Budget Strategy for 2024-2027 and support the delivery of the Highland Outcome Improvement Plan; 
ii.  Delivery Plan progress will be reported on an annual basis to Council, with workstreams reported to the appropriate Strategic Committees and Boards; and
iii. resources for the delivery of the workstreams are provided in part from core Service budgets, including the Strategic Improvement Team, augmented by earmarked reserves, as agreed at Council on 29 February 2024. 

13. Place Based Approaches to Strategic Capital and Asset Management        
Dòighean-obrach Stèidhichte air Àite a thaobh Stiùireadh Ro-innleachdail Calpa agus So-mhaoin                            

There is circulated report No. HC/05/24 by the Chief Executive Officer Housing and Property.

The Council is invited to:-

i.   approve the updates and next steps for rationalisation and/or cost reduction approaches across the Council’s property and non-property assets, in line with the budget agreed at Council on 29 February 2024;
ii.  approve the proposed investment in Corran Ferry Infrastructure, Roads and other Non-Building Capital Projects as set out in Section 6 of the report;
iii. agree the approach to funding a replacement Corran Ferry vessel based on the option set out in Section 6 of the report;
iv.  approve the development of a Corporate Asset Management strategy covering all Council assets, and the development of Service-specific Asset Management strategies as may be appropriate;
v.   approve the proposals in respect of a strategic capital planning approach across all Council assets;
vi.  approve the proposed approach to area mapping and consultation, and the development of a network of community hubs to support future service delivery;
vii. note the draft Strategic Capital Bid Application Process and Prioritisation Matrix attached as Appendix 1 to the report; and
viii. note the updated position with regards to the creation of and implementation of a Single Property Service (SPS) and that the final detail on the shape of the SPS requires to be linked to the restructuring of the Council’s senior management team.

14. Developing a Community Wealth Building Strategy            
A’ Leasachadh Ro-innleachd airson Saidhbhreas Coimhearsnachd a Thogail

There is circulated Report No. HC/06/24 by the Chief Executive.

The Council is invited consider and agree the draft Community Wealth Building Strategy found at Appendix 1 to the report and note that a period of public engagement on the draft will now commence, with a final strategy coming back for consideration in September 2024.

15. Highland Council Digital Strategy and Ambition             
Ro-innleachd agus Àrd-amas Didseatach Chomhairle na Gàidhealtachd

There is circulated Report No. HC/07/24 by the Interim Depute Chief Executive.

The Council is invited to:-

i.   approve the proposed Digital Ambition in section 6.3 of the report;
ii.  note the proposed implementation approach in section 7 of the report;
iii. note the proposed approach to deliver Digital Foundations can be fully resourced for two years from ICT earmarked reserves; and
iv.  note that, during the two year period, an assessment will be made of the effectiveness of the use of resources and a case made for continuation if justified.

16. Annual Report – Statutory Performance Indicators (SPIs), Benchmarking and Best Value 2022/23                            
Aithisg Bhliadhnail – Taisbeanairean Coileanaidh Reachdail, Tomhas-mheasaidh agus an Luach an Fheàrr 2022/23

There is circulated Report No. HC/08/24 by the Chief Executive.

The Council is invited to:-

i.   scrutinise the performance of the Council’s SPIs for 2022/23 outlined in Appendices 1 and 2 of the report;
ii.  note the Local Government Benchmarking Framework emerging trends set out in section 5.4 of the report;
iii. note the new approach being undertaken by Audit Scotland with regard to the audit of Best Value as detailed in section 6.1 and the outcome of their reported work for 2022/23 in section 6.2 of the report.

17. Contract Standing Orders                                          
Gnàth-riaghailtean Cùmhnaint

There is circulated Report No. HC/09/24 by the Interim Head of Corporate Finance.

The Council is invited to approve the changes to the Contract Standing Orders and agree that these shall become effective from 1 April 2024.

18. Treasury Management Strategy Statement                    
Aithris Ro-innleachd Stiùiridh Roinn an Ionmhais

There is circulated Report No. HC/10/24 the Interim Head of Corporate Finance.

The Council is invited to approve the Treasury Management Strategy Statement and Investment Statement for 2024/25 and the Prudential Indicators as detailed in Appendix 1 of the report.

19. Decision of Standards Commission for Scotland – Hearing    
Co-dhùnaidhean Coimisean Inbhean na h-Alba – Èisteachd 

There is circulated Report No. HC/11/24 by the Head of Legal and Governance/Monitoring Officer.

The Council is invited to consider and note the decision of the Standards Commission of Scotland.

20. Deeds Executed
Sgrìobhainnean Lagha a Bhuilicheadh

There is circulated for noting a list of deeds and other documents executed on behalf of the Council since the meeting held on 14 December 2023.

21. 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 item 22 only on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 7A of the Act.

22. Reconfiguration of the Senior Leadership Team of Highland Council    
Ath-rèiteach Prìomh Sgioba Ceannardais Chomhairle na Gàidhealtachd

There is circulated to Members only Confidential Report No. HC/12/24 by the Chief Executive.

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

23. Notices of Motion
Brathan Gluasaid 

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

(i) This Council:

• Abhors the attack, killing, raping and kidnapping carried out by Hamas in Israel on 7th October 2023;
• Is horrified and appalled by the excessive loss of life in Gaza since the Israeli attack on it;
• Recognises the gravity of the 26th January order by the International Court of Justice (ICJ) to the State of Israel regarding the right of the Palestinian people to protection from genocide;
• Acknowledges that the UK government, as a signatory to the 1948 Genocide Convention, is obliged to take all steps to prevent genocide, and calls on the UK government to ensure that the State of Israel  complies with the interim measures issued on 26th January by the ICJ; 
• Is further appalled by the spreading violence and killing spreading from Gaza across the Middle East;
• Calls for a complete bilateral ceasefire at the earliest opportunity;
• Hopes that a two state solution for Israel and Palestine may emerge after subsequent international negotiations

Signed: Dr C Birt Mrs A Maclean Mrs K MacLean Mrs T Robertson Mr D Gregg Mr R MacKintosh Mr A Baldrey     

Section 95 Officer assessment of financial implications:

This motion is not anticipated to have a financial implication to the Council.

(ii) Highland Council recognises; the contribution made by the farmers, crofters, growers, and the wider food and drink industry to the Highland economy, environment, and community. 

Agrees, as part of tackling the environmental priorities for Highland Council, the Council will consider ways to encourage residents, where possible, to shop locally, taking advantage of home-grown, affordable, and nutritious produce, including meat, dairy, and plant-based options, thus reducing food miles and boosting the local economy. Agrees, to further enhancing our partnerships alongside our arable, livestock, and dairy farmers. by, where possible, encouraging that all food and drinks provided by the council are sourced from local suppliers, and always include meat and dairy option, alongside plant-based produce. 

Signed: Mr R Stewart Mr A MacDonald

Section 95 Officer assessment of financial implications:

This motion is not anticipated to have a financial implication to the Council.

(iii) In the Holyrood Stage 3 budget debate in February, the Deputy First Minister announced that the Scottish Government will now explore options for introducing a Power of General Competence to give local authorities significantly greater powers to act in the way they think fit for their area.

This Council agrees to ask the Leader to write to the Deputy First Minister to express our support for such a Power to be introduced as soon as possible, and to engage actively with COSLA, as a matter of urgency, to explore all the viable options, including in particular,  the ability to raise revenue from activities which cause harm to our land, or disbenefit our people. 

Signed: Mr C Ballance Ms K Willis

Section 95 Officer assessment of financial implications:

This motion is not anticipated to have a financial implication to the Council.

(iv) Tourist Tax and Motorhomes

In January, MSPs voted to exclude motorhomes and campervans from the new Tourist Tax unless they are staying at a campsite.  This will further incentivise roadside parking and camping in the Highlands, where overnight parking by motorhomes and campervans, and “wild camping”, is already creating significant problems in many rural areas.  

Local Authorities will be given the powers to administer the Tourist Tax and introduce their own charges, therefore this Council agrees to write to Scottish Ministers asking them to reconsider their decision to exclude motorhomes and campervans from the Tourist Tax, and to allow Local Authorities to decide what is excluded from the Tourist Tax in their area, and how the tax revenue is spent.

Signed: Ms K Willis Mr C Ballance 

Section 95 Officer assessment of financial implications:

This motion is not anticipated to have a financial implication to the Council.

(v) This council recognises the importance of meaningful debate when discussing matters relating to the business of the Full Council. That being the case an amendment to standing order 19 will be made to increase the time allowed for each speaker from 5 minutes to 10 minutes.

Signed: Mr R Gale Mr A Christie

This motion was not accompanied with a financial assessment.