Agendas, reports and minutes

Dear Member

A meeting of the Highland Council will be held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday 31 October 2024 at 9.45am.

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 
Chief Officer - Legal and Corporate 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. Presentation: British Sign Language 
Taisbeanadh - Cànan-soidhnidh Bhreatainn

The Council is advised that Ms Sheila Lundberg, Co-ordinator of the Highland Deaf Education Service, will be in attendance at the meeting and will undertake a presentation on British Sign Language (BSL) and what Highland has achieved.

The Council is invited to note the presentation.

4. Medium Term Financial Plan 2025/26 to 2027/28
Plana Ionmhasail Meadhan-ùine 2025/26 gu 2027/28

There is circulated Report No. HC/35/24 by the Chief Officer – Corporate Finance (Section 95 Officer).

The Council is asked to:

note:

i.   the update provided regarding the Council’s Medium Term Financial Plan;
ii.  that a rolling three-year revenue budget planning approach is being adopted, and an updated Medium Term Financial Plan will cover the three years 2025/26 to 2027/28;
iii. the financial context and financial outlook as described in the report, and the financial risks and uncertainties;
iv.  the need to plan for additional budget savings and other measures to address the financial outlook over the period of the plan;
v.   the outline timetable of key dates;
vi.  the work being taken forward regarding development of saving proposals, consideration of the process of budget engagement, and review of earmarked reserves; 

and to:

vii. agree to the repayment into the LandBanking Fund of £6.308m from funds set aside.

5. Highland Investment Plan – Progress Update    
Plana Tasgaidh na Gàidhealtachd – Cunntas Adhartais

There is circulated Report No. HC/36/24 by the Assistant Chief Executive - Place.

The Council is asked to note the progress in developing the place-based master planning approach and the option appraisal process for delivering new Community Points of Delivery across Highland, and the further updates that will be reported to the Council meeting on 12 December 2024.

6. Council Motion on Renewables – Follow Up Report
Gluasad Comhairle air So-ùrachaidhean – Aithisg Leanmhainn

There is circulated Report No. HC/37/24 by the Assistant Chief Executive - Place.

The Committee is invited to:

i.   note the commitment to expand the real time live mapping to include all types of energy generating applications and for this to be updated on a monthly basis; 
ii.  agree to the funding of this mapping as an in-year budget pressure funded from reserves, with a need to consider the provision of longer term funding as part of the 2025/26 budget setting process; 
iii. note the difference in what community engagement can be undertaken by the Council, depending on who is the determining authority for the application;
iv.  agree to the funding of further community engagement resources separate from the Planning Service as an in-year budget pressure funded from reserves, with a need to consider the longer term funding as part of the 2025/26 budget setting process;
v.   agree that additional community council training be progressed with reference to electricity generation and renewable proposals, with the cost pressures arising met from reserves as an in-year pressure, and the need to consider longer term funding as part of the 2025/26 budget setting process; and 
vi.  note that the Leader will write to the Scottish Government to ensure that the full cumulative aspect of developments, including the potential grid connection, is considered within the submission of an application under section 36 of the Electricity Act for an energy generation station, and for all Battery Energy Storage System (BESS) applications of whatever scale.

7. Review of the Scheme of Delegation    
Ath-sgrùdadh dhen Sgeama Thiomnaidh

There is circulated Report No. HC/38/24 by the Chief Officer – Legal and Corporate Governance.

The Council is asked to:

agree:

i.   the changes to the Scheme of Delegation to Committees and Sub-Committees as detailed in Appendix 1 to the report; 
ii.  that the Scheme of Delegation including its format will be reviewed, brought forward and be reported to March 2025 Council; and 
iii. that amendments to post titles can continue to be made without recourse to Council as long as the level of delegation remains unchanged; 

note:

iv.  that the authority currently delegated to Executive Chief Officers within the current Scheme will be exercised principally by Chief Officers and, when necessary, Assistant Chief Executives; and
v.   page references will be updated once the substantive changes to the Scheme have been approved.

Item 8 (Question Time) will be considered at 2pm

8. Question Time    
Àm Ceiste 

The following Questions have been received by the Chief Officer - Legal and Corporate Governance –

Public Questions

(i) Mr W Morrison

To the Leader of the Council

As it has been decided by Council that the bollards on Academy St be removed together with the ones on Eastgate, l would be obliged to know the proposed timescale for same to be completed?

As the busy Festive season will soon be upon us l feel that this should be carried out as a matter of urgency with no further delay.

Member Questions

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

(i) Mr A Christie

To the Leader of the Council

How many fines/penalty notices including total value and geographical location has the Highland Council issued on the following subject areas between April 2024 and September 2024?

• Penalty Charge Notice car parking on restricted road markings or overstaying in car park.
• Penalty Charge Notice vehicles parking on a pavement?
• Fly tipping
• Dropping litter
• Dog fouling 
• Smoking fines
• Environmental health 

(ii) Mr A Christie

To the Leader of the Council

In the Budget passed on the 29th February 2024 a saving was included (CS:29) Redesign of Adult Social Care of £12,600,000 of which £7,000,000 was in 24/25. Please could the Leader list, as we are past the half way stage of the financial year, the potential areas identified for delivering this saving together with the value as well as including a copy of the detailed draft/final integrated impact assessment? 

(iii) Mr A Graham

To the Leader of the Council
Charleston Academy has been included in the Highland Investment Plan as a “Phase One, Years 1-10 Project” with potential delivery within 3 to 5 years, subject to the availability and profiling of funding.

Can you advise of the main steps that require to be taken to progress from the project status at the date of this meeting to the award of contract to the successful bidder? 

(iv) Mrs H Crawford

To the Leader of the Council
At the continued Full Council of 30th September 2024, a majority of Highland Councillors approved Motion item 22 (3), entitled Major Electricity Development Applications and Community Engagement. Can you please confirm the anticipated timelines for implementation of the respective outstanding actions referred to in that Motion?

(v) Mr M Reiss

To the Chair of Health, Social Care and Wellbeing Committee

Overnight Respite care is a vital service to some of our most needy families. This service has not been available in any practicable sense for several years in the Far North. SDS payments are not an effective alternative. 

Can you provide a straightforward, cast-iron assurance to residents in Sutherland and Caithness that the Highland’s Council’s recent public commitment to reinstate Respite services at Thor House, Thurso or it’s replacement, will include overnight care?

(vi) Mr D Gregg

To the Leader of the Council

The Inverness and Ross and Cromarty access panels are listed as inactive on the council website. 

Access panels provide a key way for people with disabilities to engage with changes to their streets and towns. 

Please can the council detail any actions it has taken to help reactivate either of these panels within the last 6 months?

(vii) Ms K Willis

To the Chair of Economy and Infrastructure
The Council is responsible for coordinating Bikeability training in Highland.  Please can the Chair provide a breakdown of the number of schools and children participating in Bikeability training for each area in Highland last year, including the number of children who achieved Level 1, 2 and 3 awards.

(viii) Mr R Mackintosh

To the Leader of the Council

Highland Council’s Net Zero Strategy was launched in October last year.  The Net Zero Strategy replaces the 2014 Carbon CLEVER programme and Action Plan, so when does Council plan to replace the implications section heading ‘Climate Change / Carbon Clever’ with ‘Climate Change / Net Zero’ in all Council reports?

9. Membership of Committees etc
Ballrachd Chomataidhean msaa 

As a result of the By-Elections the political make-up of the Council is now as follows:-

SNP – 21 / Highland Independent – 16 / Scottish Liberal Democrats – 13 / Highland Alliance – 7 / Scottish Conservative and Unionist – 6 / Scottish Green Party – 4 / Labour – 2 / Alba – 1 / Non-Aligned - 3.

The formula in respect of the number of places on Strategic Committees is now 6/4/4/2/2.

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

10. Appointment of Office Bearers
Cur an Dreuchd Luchd-oifis

Nominations for the post of the Chair of the Pensions Committee are invited.

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

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

12. Timetable of Meetings    
Clàr-ama Choinneamhan 
                                                                                                                                                                                                                            
The Council is asked to:-

i.  agree that a Special meeting of the:

   a. Pensions Committee be held on 6 December 2024 at 2pm
   b. Council be held on 12 December 2024 at 9.30am; and 

ii. approve the Timetable of Meetings for 2025 as circulated.

13. 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 19 September 2024.

Additional Urgent Items (14 and 15)

14. Exclusion of the Public

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 15 only 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.

15. Lochaber Care Provision    
Solar Cùraim - Loch Abar

There is circulated Report No. HC/39/24 by the Assistant Chief Executive – People.

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

16. Notices of Motion
Brathan Gluasaid 

The following Notices of Motion have been received by the Chief Officer - Legal and Corporate Governance - 

(1) Since the regionalisation of local government in 1973, Community Councils form the most local tier of statutory representation in the Highland region.

Bridging the gap between the local authority and the 156 communities they represent, Community Councils provide a vital forum for putting forward local opinions and community needs.

Although the vast majority of Community Councillors make positive contributions and represent their community to a standard befitting public office, it is regrettable that the local authority must deal with infrequent incidents where that is not the case.

Despite publishing a cohesive Code of Conduct within the Highland Council's scheme of establishment, instances of improper interactions with the local authority (its elected Councillors and Staff), community groups and the general public have and will continue to arise.

When an issue of Community Councillor conduct (either collectively or as an individual) is raised, the guidance refers the matter to the Community Council to address in the first instance, with the only recourse in escalating the matter through the Ward Management structure (now Local Community Development Manager). Even where clear breaches of the Code of Conduct can be demonstrated, there is no such mechanism for the local authority to exert enforcement action.

It is evident that these isolated, but no less significant, incidents therefore present significant challenges to the cohesiveness of Community Council groups, the reputation and credibility of Community Councils with un-resolved standards matters and the likelihood of members of the public putting forward their names for future consideration.

This Council therefore agrees to make representation to the Minister for Local Government, asking that Community Councillors be considered within the Ethical Standard in Public Life (Scotland) Act.

Signed:    Mr S Mackie Mr A Christie Mr R Stewart  Mr M Reiss      

Section 95 Officer assessment of financial implications:

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

Area for Assessment    Assessment Summary
Equality                         No impact
Poverty                          No impact
Human Rights               No impact
Children’s Rights           No impact
Data Rights                   No impact
Rural/Island                  No impact
Climate Change            No impact

(2) This Council notes that Highland Council has been a major beneficiary of the Nature Restoration Fund (NRF), disbursing £676,000 in the last year alone to community groups, and notes that; 

oHighland Council itself received over £21,000 to deliver biodiversity enhancement and habitat restoration projects such as replacing trees killed by ash dieback; 
The nature and biodiversity crisis particularly affects rural and wildland areas such as Highland; 
Scotland is one of the most nature-depleted countries in the world, as highlighted in the 2023 State of Nature Report, with 1 in 9 species threatened with extinction, 75% of our peatlands degraded, swift, curlew, lapwing and kestrel populations declined by more than 50% in the last 30 years;
Action to tackle the ecological crisis and reverse biodiversity loss is urgently needed. 

Whilst recognising the right of public service workers to receive a fair pay settlement, this Council therefore condemns the Scottish Government decision to divert money from this capital fund to revenue spending, and asks the Council leader to write to the Cabinet Secretary to the Treasury Kate Forbes MSP to request that the Nature Restoration Funding be reinstated.

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.

Integrated Impact Assessment:

Area for Assessment    Assessment Summary
Equality                        No impact
Poverty                        No impact
Human Rights              No impact
Children’s Rights         No impact
Data Rights                 No impact
Rural/Island                 No impact

Climate Change    Potential Positive Impact

Summary of assessment if required:
 
The motion asks the Council to write to the Scottish Government to ask the Nature Restoration Fund be reinstated.  Was the outcome of this to be successful, and the fund reinstated, this could have the potential to have a positive impact on the environment, wildlife or biodiversity.  This would be dependent upon the use of the fund in the future.

(3) This Council notes the difficulties that can be caused when complex amendments are presented during a debate and suggests that amendments to motions should be shared with the motion proposers at least 24-48 hours before the commencement of Council meetings, so that the motion proposers have time to understand the implications and to discuss them with the amendment proposers. 

Furthermore, that where motions have to be accompanied by a financial assessment and an integrated impact assessment, it is only sensible that amendments be subject to the same requirements.

Council therefore calls for the group which reviews standing orders to consider appropriate changes to standing orders, and to recommend them to Full Council at the 2025 annual review.

Signed:    Ms K Willis Mr C Ballance        

Section 95 Officer assessment of financial implications:

The motion is not anticipated to have a financial implication to the Council.  The motion would result in officer/member time to undertake the review, and any recommendations arising would be for a future Council meeting to consider. 

Integrated Impact Assessment:

Area for Assessment    Assessment Summary
Equality                         No impact
Poverty                          No impact
Human Rights               No impact
Children’s Rights           No impact
Data Rights                   No impact
Rural/Island                  No impact
Climate Change            No impact

17. 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 19 September 2024 (pp.1385-1437) as contained in the Volume which has been circulated separately.

18. 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:-

Audit Committee - 26 September 2024    
Pensions Committee - 9 October 2024

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

i.   Highland and Western Isles Valuation Joint Board  – for noting – held on 20 June 2024 (approved by the Board on 23 September 2024); 
ii.  Community Planning Partnership Board – for noting – held on 5 June 2024 (approved by the Board on 20 September 2024);    
iii. Chief Officer Recruitment Panel – for noting – held on 30 September 2024; and
iv.  Redesign Board – for approval – held on 2 October 2024.

Starred Item as follows:

Item 4 – Customer Experience Strategy – agreed to recommend to the Council that the Strategy be adopted.