Minutes of Meeting of The Highland Council held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday 4 September 2008 at 10.30 a.m.
Mr A Rhind opened the meeting with prayer.
1. Calling of the Roll and Apologies for Absence
Present:
Mr G Farlow, Ms L Munro, Mr R Rowantree, Mr D Mackay, Mr J Rosie, Lady M Thurso, Mr W Fernie, Mr G M Smith, Mr R Coghill, Mr D MacKay, Mrs D Mackay, Mr J McGillivray, Mr W J Ross, Mrs I Campbell, Mr R Greene, Dr A Sinclair, Mrs J Urquhart, Mr M Finlayson, Mr M Rattray, Ms M Smith, Mrs C Wilson, Mr R Durham, Mr A Rhind, Mr A Torrance, Mr P Cairns, Mr D Chisholm, Mrs A MacLean, Mrs M Paterson, Dr D Alston, Mr B Barclay, Mr C Fraser, Mrs I McCallum, Mr H Fraser, Mr J Laing, Mr A Millar, Mr W Clark, Mr A Henderson, Mr E Hunter, Mrs H Carmichael, Mrs M Davidson, Mr D Hendry, Mr H Wood, Mr A Graham, Miss J Campbell, Mr P Corbett, Mr D Kerr, Mrs B MacAllister, Mr N Donald, Mr J Finnie, Mr D Henderson, Mr I Brown, Mr J Gray, Mr J Ford, Mrs G Sinclair, Mr R Wynd, Mr L Fraser, Mrs L MacDonald, Mr G Marsden, Mr A S Park, Mr J Crawford, Mr J Holden, Mr R Pedersen, Mr T Prag, Mr F D S Black, Ms J Douglas, Mr D Fallows, Mr G Rimell, Mr D Cameron, Dr M E M Foxley, Mr B Gormley, Mr B J Murphy
In Attendance:
Chief Executive, Assistant Chief Executive, Depute Chief Executive and Director of Finance, Director of Education, Culture and Sport, Director of Housing and Property, Director of Social Work, Director of Planning and Development, Director of TEC Services, Head of Legal and Democratic Services, Head of Planning and Building Standards (item 21 only)
Mr A S Park in the Chair
Apologies for absence were intimated on behalf of Mrs K MacNab, Mr D Bremner, Mr D C M Flear (OCD), Mr I Renwick, Mr J MacDonald, Mrs P Munro, Mr F Parr, Mr K MacLeod and Mr R Balfour.
Preliminaries
The Convener, on behalf of the Council, made a presentation to Ms Gillian Slider, the former Youth Convener, during which he paid tribute to the important contribution she had made to youth work in the Highlands and wished her well for the future.
2. Recess Powers
It was NOTED that the recess powers granted by the Council at its meeting on 26 June 2008 had not been exercised.
3. Confirmation of Minutes
There had been submitted for confirmation as correct records the Minutes of Meeting of the Council held on 26 June 2008 and the Special Meeting held on 1 August 2008, as contained in the Volume circulated separately - which were APPROVED subject to the following:-
Item 2: Page 145: Changes to Governance Structure
It was NOTED that the following resignations would take effect from 4 September 2008:-
- Chairman of the Caithness, Sutherland and Easter Ross Licensing Committee – Mr Alasdair Rhind
- Chairman of the Caithness, Sutherland and Easter Ross Planning Applications and Review Committee – Mr Donald MacKay
- Chairman of the Inverness, Nairn, Badenoch and Strathspey Licensing Committee – Mr Peter Corbett
- Chairman of the Ross, Skye and Lochaber Licensing Committee – Mrs Margaret Paterson
It was also NOTED that the vacancies would be dealt with at the next meetings of the above Committees.
Item 5.3: Page 151: Climate Change Working Group - Membership
The Council NOTED a correction to the Minutes to record that the SNP Group were represented on this Group by Mr G Farlow and Mr D Hendry.
4. Minutes of Meetings of Committees
There had been 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 the Volume circulated separately as undernoted:-
(Link to Committee Minute Index)
- Inverness City Committee - 4 August 2008
- Housing and Social Work Committee - 6 August 2008
- Education, Culture and Sport Committee - 7 August 2008
- Gaelic Committee - 7 August 2008
- Planning, Environment and Development Committee - 13 August 2008
- Transport, Environmental and Community Services Committee - 14 August 2008
- Audit and Scrutiny Committee - 21 August 2008
- Resources Committee - 21 August 2008
- Joint Committee for Children and Young People - 22 August 2008
The Minutes, having been moved and seconded, were, except as undernoted, APPROVED - matters arising having been dealt with as follows:
Inverness City Committee - 4 August 2008
Page 164: Item 14.3: Clachnacuddin Football Club – Progress of Club’s Working Group
It was NOTED that the lump sum payment of £17,500 had been made to the Council and that the Direct Debit in favour for £400 per month would be in place by the end of the month.
Page 160: Item 9.1: Inverness BID Company
It was NOTED that an update on the publication of an Environment Health Inspection Report on the Beach in Falcon Square would be given to Councillor R Wynd.
Housing and Social Work Committee, 6 August 2008
Page 174: Item 8: Modernising Learning Disability Services: In Control
It was AGREED to include an addition to the Minutes to record that Mr John Finnie had raised the issue of the Care Commission requirement in relation to the Corbett Centre and that a full report on this would be submitted to the next meeting of the Housing and Social Work Committee.
Planning, Environment and Development Committee, 13 August
Page 202: Item 7: Land, Environment and Sustainability Strategy Group
The Council NOTED Mr D Hendry’s objection to the curtailment of debate at the meeting.
Transport, Environmental and Community Services Committee, 14 August 2008
*Starred Item* - Page 219: Item 9: Update on Impact of Increase in Fuel Prices
It was AGREED that the Convener should write a follow-up letter to the Chancellor of the Exchequer given that no response had been received to the earlier letter of 2 June 2008.
Resources Committee, 21 August 2008
It was NOTED that arrangements were being made for a Seminar on Procurement to be held following the next meeting of the Resources Committee on 1 October 2008 to which all Members of the Council would be invited.
It was also NOTED that arrangements for a Presentation on Asset Management would be followed up as soon as possible on the basis that this would take place in late September/early October.
5. Land, Environment and Sustainability Strategy Group
There had been circulated Report No. HC-31-08 dated 27 August 2008 by the Chief Executive which outlined proposals for the establishment of a Land, Environment and Sustainability Strategy Group to be chaired by the Vice Chairman of the Planning, Environment and Development Committee and which would report to the full Council.
It was confirmed that, as part of its remit, the Strategy Group would absorb the remit and workload of the current Natural Resources Working Group. The remit would be submitted to the first meeting of the Strategy Group and was appended to the report for approval.
It was also proposed that meetings of the Strategy Group would be held after the Planning, Environment and Development Committee meetings in each cycle with any recommendations arising being submitted to the full Council for approval thereafter.
During discussion, it was stressed that the Strategy Group would provide a renewed emphasis to land, environment and sustainability issues - all of which were of significant economic importance to the Highlands. The Strategy Group would also allow wider contribution and debate and enable the Council to re-establish itself as the leading Local Authority on these issues in Scotland.
Decision
The Council APPROVED the establishment, remit and membership of the Land, Environment and Sustainability Strategy Group - nominations having been tabled at the meeting in accordance with the agreed formula (8:5:5:2:2) and on the basis that the Convener and Leader of the Council’s Administration would be ex-officio Members of the Group, as follows:-
Independent
Isobel McCallum, Richard Greene, Robert Coghill, Donnie Mackay, Audrey Sinclair, Richard Durham, Mike Finlayson, Billy Barclay
Lib Dem
Ian Ross, Glynis Sinclair, Stuart Black, Hamish Wood, Angela MacLean
SNP
George Farlow, Pauline Munro, Bren Gormley, Alan Torrance, Drew Hendry
Labour
Jimmy Gray, John Holden
IMG
Jim Crawford, Graeme Smith
6. Political Arrangements Working Group – Minutes of Meetings
There had been circulated Minutes of Meetings of the Political Arrangements Working Group held on 11 July, 28 July and 15 August 2008 - which were APPROVED.
7. Questions to the Convener
The following Questions had been received by the Assistant Chief Executive in terms of Standing Order 42:-
(i) Mr John Finnie
“When did the Convener last meet with the Cabinet Secretary for Finance and Sustainable Growth and what did they discuss?”
The response to Mr John Finnie had been circulated.
In terms of a supplementary question, Mr Finnie queried whether the Convener would now seize every opportunity to meet with Ministers to promote and represent the interests of the Highlands.
In response, the Convener confirmed that this would take place.
Decision
The Council NOTED the position.
(ii) Mrs Jean Urquhart
“What is the current financial position of the Council?”
The response to Mrs Jean Urquhart had been circulated.
In terms of a supplementary question, Mrs Urquhart asked if the Convener could confirm the amounts and the implications for the Council of certain revenue streams, e.g. PPP2.
In response, the Convener confirmed that this information would be made available to the first meeting of the Budget Information Group which would be held within the following 14 day period.
Decision
The Council NOTED the position.
(iii) Ms Maxine Smith
“Will the Administration confirm its commitment to the Highland Council policy of opposing any genetically modified crops to be grown or tested in the Highland Council area?”
The response to Ms Maxine Smith had been circulated.
In terms of a supplementary question, and given the importance of the GM debate, Ms Smith queried whether the Convener could indicate the level of input which the Council would have in the second international GM Free summit in Brussels in October?
In response, the Convener confirmed that that the Council was closely involved in the work of the EU GM Free Network Group.
Decision
The Council NOTED the position.
(iv) Mr Bob Wynd
“What meetings, if any, have taken place with Transport Scotland to co-ordinate delivery of infrastructure necessary for the A96 growth corridor development framework and are future meetings planned?”
The response to Mr Bob Wynd had been circulated.
In terms of a supplementary question, Mr Wynd asked whether the Convener could confirm that future A96 Stakeholder Group meetings with Transport Scotland would be incorporated into those with the Council and whether he could advise on the remit of the Council A96 Project Board and its composition?
In response, the Convener confirmed that these comments would be fed back to the Transport, Environmental and Community Services Committee although he did not see the need for any further meetings until the outcome of the Strategic Transport Projects Review (STPR).
Decision
The Council NOTED the position.
8. Notice of Motion
Declarations of Interest: Mr J Gray and Mr A Torrance declared financial interests in this item as Members of Cromarty Firth Port Authority but, in terms of the dispensation granted by the Standards Commission, remained to participate in the discussion.
Mr M Rattray declared a financial interest in this item as a Director of Port Services (Invergordon) Ltd and left the room.
The following Notice of Motion had been received in accordance with Standing Order 10.1 –
“If the current impasse over access to the former Fabrication Yard at Nigg continues, this Council should instruct Officers to pursue immediate legal action to complete the Joint Council/HIE Nigg Masterplan to avoid any further delay and possible harm to the Highland economy.”
Signed: Mr D Hendry, Mr A Torrance
After discussion, and with the agreement of the Mover and Seconder of the Notice of Motion, the Council AGREED, if the current impasse over access to the former Fabrication Yard at Nigg continued, to instruct Officers to pursue any legal action required to action the Joint Council/HIE Nigg Masterplan to avoid any further delay and possible harm to the Highland economy.
9. Programme of the Highland Council 2009-2011
There had been circulated the Programme of the Highland Council 2009-2011.
Motion from the Administration
The Convener and Leader of the Council’s Administration MOVED, on behalf of the Administration, approval of the Programme, entitled “Strengthening the Highlands”, which set out the Council’s priorities and would form the basis of the Corporate and Service Plans.
During a summary of the document, it was confirmed that the main principles of the Programme included making the Highlands one of Europe’s leading regions, creating sustainable communities with more balanced population growth and economic development and building a fairer and healthier Highlands.
The Programme, which would be reviewed annually, had been divided into five main sections as follows -
1. What We Will Do for Children and Families
2. What We Will Do for Communities and Older People
3. What We Will Do for the Economy
4. What We Will Do for our Environment
5. What We Will Do to make Highland Council more effective and efficient
Following general discussion, during which a number of Members spoke in support of the proposals within the Programme, it was agreed that reference should also be included within the document to shinty in order to both promote the sport and to highlight the significant role which it played within the Highlands.
Decision
The Council AGREED the Programme of the Highland Council 2009-2011, “Strengthening the Highlands”, which would form the basis of the Corporate and Service Plans - subject to additional wording being included on P.5, Para. 17 as follows - “We will support the development of sporting activities and in particular we will encourage the development and growth of shinty”.
10. Capital Programme Review 2008/09 to 2011/12
There had been circulated Report No. HC-32-08 dated 28 August 2008 by the Depute Chief Executive and Director of Finance which set out the Council’s proposed Capital Programme for 2008/09 to 2011/12 for approval following consideration by the Strategic Committees during the August cycle of meetings.
During a summary of the report, it was confirmed that, after incorporating the effects of revised project phasing, cost price rises and new expenditure demands and priorities, the Council’s Capital Programme over 4 financial years totalled £336.437m. To ensure delivery of the Programme, a range of improvement actions had been identified and regular monitoring would be essential to ensure that projects were progressing satisfactorily.
In relation to future Capital Programmes, the development of a longer term 10 year Capital Strategy, in parallel with a detailed 4 year Capital Programme and the development of Asset Management planning, would allow the Council to further improve its Capital Planning arrangements.
Decision
The Council:-
a) AGREED the revised Capital Programme for 2008/09 to 2011/12 as set out
in the report and Annexes 2(a) to 2(g);
b) NOTED the revenue implications of the proposed Programme (Section 5);
c) AGREED the revised Prudential Indicators as required by the Prudential
Code in Annex 1;
d) NOTED the improvement actions in Section 7 to address delivery of the
Programme; and
e) AGREED to take forward arrangements to develop a 10 year Capital
Strategy in parallel with a 4 year detailed Capital Programme.
11. Statutory Performance Indicators 2007/2008
There had been circulated Report No. HC-33-08 dated 25 August 2008 by the Depute Chief Executive and Director of Finance which provided notice of the Council’s Accounts Commission Statutory Performance Indicators for the financial year 2007/08 and confirmed that these would be published before the end of September 2008.
During a summary of the report, it was confirmed that the Council was required to publish this information before 30 September 2008 and a Public Notice would therefore be placed in the press advising that the information was available from a variety of Council Offices and also from the Council’s website.
The Council’s Statutory Performance Indicators, together with those for the other 31 Scottish Councils, would also be published on a comparative basis by Audit Scotland on behalf of the Accounts Commission by February 2009.
Decision
The Council NOTED performance in terms of the Statutory Performance Indicators for the financial year 2007/2008 which would be made available to the public before the end of September 2008.
12. Health Boards (Membership and Elections) (Scotland) Bill (SP Bill 13): Call for Evidence
There had been circulated Report No. HC-34-08 dated 27 August 2008 by the Chief Executive which advised of the call for evidence by the Scottish Parliament’s Health and Sport Committee on the Health Boards (Membership and Elections) (Scotland) Bill. The Committee had asked that written evidence be submitted by 1 September 2008 although the Clerk to the Committee had indicated that the Council could submit late evidence.
During a summary of the report, it was confirmed that the main purposes of the Bill were to alter the composition of Health Boards to include directly Elected Members and provide a statutory basis for the presence of local councillors as Health Board members; to make provision for the holding of elections to Health Boards; and to ensure that these provisions came into force on a pilot basis.
Decision
The Council APPROVED the draft response to the call for evidence by the Scottish Parliament’s Health and Sport Committee on the Health Boards (Membership and Elections) (Scotland) Bill as detailed in the Appendix to the report.
It was also AGREED that it should be stressed within the response that it would be cost-neutral to include additional Local Authority Elected Members on to Health Boards.
13. Implementation of the Joint Transition Policy and Procedure
There had been circulated Joint Report No. HC-35-08 dated 21 August 2008 by the Directors of Social Work and Education, Culture and Sport on proposals to address the challenging transition to adulthood for young people with additional support needs as a result of disability or complex health. It was confirmed that Local Authorities had specific responsibilities for those young people with greatest need to ensure that the transition was supported, seamless and had a sustained positive outcome for the young person.
During a summary of the report, it was confirmed that, for many disabled young people, having timely, comprehensive information and careers advice and guidance was important to ensure that they reached their goals when making transition to adulthood. However for a smaller but significant number of young people, more support was needed to help them meet their goals and take their place in society.
The Council was therefore invited to endorse the Joint Transitions Policy; the Joint Transitions Procedure and the Vision for Transition, “It’s My Journey” which aimed to provide a more coherent and accessible process for families, professionals and young people and ensure more effective use of available resources, in particular for those with additional support needs as a result of disability and/or complex health.
In response to comments made during discussion, particularly in relation to housing, it was confirmed that the Policy would be actively and jointly delivered by Social Work, Education, Culture and Sport and Housing and Property Officials who would work strategically to ensure that both accommodation and care services for young people were put in place.
Decision
The Council APPROVED the Joint Transitions Policy and Procedure as set out in the report.
It was also AGREED to nominate Ms Jaci Douglas as a Transition Champion for the Council and to seek a similar commitment from NHS Highland.
14. Standing Orders Relating to the Conduct of Meetings
There had been circulated Report No. HC-36-08 dated 27 August 2008 by the Chief Executive which outlined proposals for amendments to the Council’s Standing Orders for the Conduct of Meetings.
It was confirmed that an annual review of Standing Orders was a requirement of the Council’s Code of Corporate Governance.
Decision
The Council APPROVED the proposed amendments to Standing Orders Relating to the Conduct of Meetings as circulated on the basis that an amended copy would be circulated to all Members following the meeting for inclusion in the Council Handbook.
It was also AGREED that an investigation should be undertaken to ascertain whether the current electronic voting system could be adapted to allow the recording of abstentions during the voting procedure and that a further report be submitted to Council on this issue, including any resource implications, in due course.
15. Scheme of Delegation and Administration to Strategic Committees and Sub Committees and to Officers
There had been circulated Report No. HC-37-08 dated 27 August 2008 by the Chief Executive which outlined proposals for amendments to the Council’s Scheme of Delegation and Administration to Strategic Committees and to Officers.
It was confirmed that an annual review of the Scheme of Delegation and Administration was a requirement of the Council’s Code of Corporate Governance.
Decision
The Council APPROVED the proposed amendments to the Scheme of Delegation and Administration as circulated on the basis that an amended copy would be circulated to all Members following the meeting for inclusion in the Council Handbook.
16. Timetable for Meetings in 2009
There had been circulated Draft Timetable of Meetings of the full Council, Strategic Committees and Inverness City Committee in 2009.
Meetings of the Joint Boards, Joint Committee for Children and Young People and HC/NHS Leadership and Performance Group were still to be included.
Decision
The Council AGREED the Timetable of Meetings for 2009 as circulated.
17. Political Arrangements Working Group – Recommendations
The Council AGREED to defer consideration of this item (HC-38-08 | HC-38(a) ) on the basis that there remained some issues to be resolved over the Planning and Licensing options within the current report and further discussion needed to take place over the coming weeks to finalise the situation, including further work on workload and boundary implications, management responsibilities and the potential impact on the current operational areas. This could also allow a full consideration of the governance issues.
It was also AGREED that this work should be taken forward by a small inclusive Working Group of 9 Members, reflecting the political balance of the Council and including Mr B Clark and Mr W J Ross (in his capacity as the Chairman of the Planning, Environment and Development Committee), and a final report submitted to the full Council meeting on 18 December 2008.
18. Amendments to Beinn Tharsuinn Windfarm Community Limited Memorandum and Articles of Association and Variation of Agreement between the Highland Council and CRE Energy Limited
Declarations of Interest:
Mrs C Wilson and Mr M Rattray declared non-financial interests in this item as Board Directors of Beinn Tharsuinn Windfarm Community Ltd but, having applied the test outlined in Paragraph 5.18 of the Councillors’ Code of Conduct, concluded that their interest did not preclude their involvement in the discussion (and voting).
There had been circulated Report No. HC-39-08 dated 27 August 2008 by the Corporate Manager, (Caithness, Sutherland and Easter Ross) which confirmed that the Highland Council was the sole member of Beinn Tharsuinn Windfarm Community Limited and sought approval for proposed changes to the company’s constitution, memorandum and articles and to an agreement between the Council and CRE Energy Limited.
Decision
The Council AGREED:-
i. the terms of the side letter which varied the existing agreement between
Highland Council and CRE Energy Limited;
ii. the terms of the attached written special resolution; and
iii. to authorise the Head of Legal and Democratic Services and Proper Officer
to sign the side letter and attached written special resolution for and on
behalf of the Council.
19. Member Attendance at Meetings
It was confirmed that the Local Government (Scotland) Act 1973 required that, if a Member of a Local Authority failed, throughout a period of 6 consecutive months, to attend any meeting of the Authority, they should, unless the failure was due to some reason approved by the Authority, cease to be a Member of that Authority.
It was confirmed that Mr J MacDonald had, because of illness, been unable to attend meetings of the Council since 18 April 2008. As his illness might continue beyond the 6 months stipulated in the Act, the Council was required to approve his absence because of illness to enable him to continue as a Member of the Authority.
Agreement had been reached with other Members of the Council to carry out Mr MacDonald’s role in Ward business and as an Office Bearer of the Housing and Social Work, Audit & Scrutiny and Gaelic Committees and the Inverness City Committee, INBS Planning Applications and Review Committee and the Homelessness Appeals Sub Committee during the period of his absence.
Decision
The Council APPROVED Mr MacDonald’s absence as a result of illness on the basis that the position would be reviewed following a further 3 month period.
20. Deeds Executed
It was NOTED that a list of deeds and other documents executed on behalf of the Council since the meeting held on 26 June 2008 was available in the Members’ Library and on the Council’s Website.
The Council adjourned for lunch at 1.15 p.m. and resumed at 2.00 p.m.
21. (i) Notice of Referral - Ross, Skye and Lochaber Planning Applications and Review Committee
Declarations of Interest:
Mr A M Millar declared a non-financial interest in this item in his capacity as Sub-Postmaster of A and R Millar Post Office in Portree – The Royal Mail having been notified as a neighbour and having submitted representations on the application – but, having applied the test outlined in Paragraph 5.18 of the Councillors’ Code of Conduct, concluded that his interest did not preclude his involvement in the discussion (and voting).
It was NOTED that the Assistant Chief Executive had referred Planning Application (Reference No 07/00357/OUTSL) to the Council under Standing Order 10.6 as it had not been advertised as a departure from the Development Plan prior to being reported to Committee which did not comply with the terms of the Town and Country Planning (Development Contrary to Development Plans) (Scotland) Direction 1996 and could therefore be subject to a legal challenge. The application had now been advertised as a departure from the Development Plan and the Council was therefore required to consider the application.
(ii) Planning Application – Erection of Supermarket (Outline) at Land North of
Co-op currently occupied by Jewson and McFarlane (Builders), Dunvegan
Road, Portree by Oatridge Ltd (Application Reference No.
07/00357/OUTSL)
There had been circulated the following Reports which recommended refusal of an application by Oatridge Ltd (Application Ref No 07/00357/OUTSL) for Outline Planning Permission for the erection of a Supermarket at land north of the Co-op currently occupied by Jewson and McFarlane (Builders), Dunvegan Road, Portree:-
| Booklet A | containing:
(a) Report No. HC/40/08 by the Director of Planning and Development;
(b) Report No. PLR-060-08 by the Area Planning and Building Standards
Manager; and
(c) Report No. PLR-043-08 by the Area Planning and Building Standards
Manager.
During a summary of the reports, supplemented by a visual presentation of the site of the application, Members received a description of the proposal; a summary of public participation and statutory consultations; an outline of the relevant policy considerations and an appraisal of the proposal taking into account relevant planning considerations and existing retailing in Portree.
It was confirmed that, of the 22 letters of representation, 18 letters had been in favour of the application. Four letters of objection had been received on the grounds that the application was contrary to the Local Plan and cautioned against the potential adverse impact on existing town centre retailing. The Community Council had also expressed concerns in relation to the application’s potential to impact on the future viability of existing retail facilities and the future vitality of the town centre. It had also been felt that the Council’s longstanding commitment to developing the Bayfield area should be realised – the adopted Local Plan village centre policy had endorsed Bayfield as the most suitable area for commercial development in terms of the sequential approach to town centre retailing.
The policy considerations were also detailed:- at a national level, Scottish Planning Procedures Policy 8 on retailing obliged Planning Authorities to consider a sequential approach to development. The preferred option was for a town centre site, which in Portree would be the Bayfield area. However the application exceeded the extent of retailing that could be accommodated on this site. Nevertheless, the Highland Council Structure Plan made specific emphasis in terms of protecting town centres. Further, the existing Skye and Lochalsh Local Plan and the emerging West Highlands and Islands Local Plan both sought to define the commercial core of Skye which included encouraging commercial, residential and retail development at Bayfield.
It was confirmed, therefore, that the recommendation within the report was for refusal of Outline Planning Permission for the following reasons:
1. The proposal would, if permitted, be contrary to the provisions of Policy R1
– Shopping Hierarchy – of the Highland Structure Plan as it would serve to
undermine future proposals aimed at consolidating the shopping hierarchy.
2. The proposal would, if permitted, result in the provision of a retail foodstore
outwith the town centre which incrementally and cumulatively would erode
from and affect the viability of the proposed town centre contrary to Policy
R5 of the Skye and Lochalsh Local Plan.
3. The proposal was contrary to the provisions of Policy 2.2.1.6 of the Skye &
Lochalsh Local Plan as it would undermine the aim of reinforcing commerce
in the town centre and future expansion as identified for Bayfield and
protect investment there against inappropriate out-of-town pressures.
4. The proposal was contrary to the provisions of Policy 2.2.1.7 of the Skye &
Lochalsh Local Plan which indicated that the Council would resist retail
development on industrial land except where the operating characteristics
of the proposals justified such a location.
5. The proposal, if permitted, would result in the provision of a food store
outwith the town centre and adversely impact on its commercial viability
and threaten future investment contrary to 9.2.1.4 of the Skye and
Lochalsh Local Plan.
6. The proposal would, if permitted, result in the provision of a retail food
store which incrementally and cumulatively would erode from and affect the
viability of the proposed town centre expansion and conflict with a
significant objective of the development plan contrary to the provisions of
SPP 8 Town Centres and Retailing.
7. The proposal would, if permitted, result in the provision of a retail food
store which incrementally and would cumulatively erode from and affect the
viability of the proposed town centre expansion and therefore conflict with
a significant objective of Policy 17 of the emergent West Highlands &
Islands Local Plan.
It was confirmed that, if Members were minded to grant outline planning permission, reasons for departing from Development Plan policy would require to be provided. In that event, it was proposed that conditions should be agreed through delegated powers between the Area Planning and Building Standards Manager, the Planning Applications and Review Committee (PARC) Chairman and the local Members. It would also be necessary to refer the application and decision to Scottish Ministers.
Following detailed discussion, and notwithstanding the recommendation within the report for refusal of Outline Planning Permission, Members AGREED to support the application on the grounds that:-
- the proposal was only a short distance from Portree town centre, the population and periphery of which was growing
- there was general local support for the application
- the application would enhance local retail provision and increase job opportunities for local people
- whilst the principal component of the proposal was a food store, it would also include sales of other goods which would be welcomed in the area
- whilst the Bayfield site had been identified in the Local Plan as suitable for development, it had been an alternative for some 12 years and had not attracted interest over this period
- the proposal, if approved, would provide a facility which would bring a national pricing policy to Skye, together with wider choice and healthier retail competition
- the application would not preclude the Bayfield area being developed in a way which would enhance the town centre shopping experience in the future.
Decision
The Council APPROVED Outline Planning Permission with reasons for departing from Development Plan policy as follows:-
a) approval of the application would not be detrimental to existing retail
provision in Portree or to allocated retail sites aimed at consolidating the
shopping hierarchy given the existence of convenience shopping at the
neighbouring site (Co-op) and the recent approval all the LIDL store also on
Dunvegan Road.
b)approval of the application would not have a detrimental effect on the
viability of Portree town centre. The north east sector of Portree, including
the application site, has established itself as an extension to the commercial
centre serving Skye and the proposed development would be a welcome
addition to a rapidly growing Retail Park comprising wholesalers and
businesses selling direct to the public.
c)the proposed development by reason of its size could not be accommodated
within the mixed use development allocation at Bayfield and would not
prejudice the future development of the Bayfield site which had been
allocated without development for almost 10 years.
d)approval of the application was an opportunity to attract a new supermarket
operator to Portree which would introduce choice and competition to the
retail sector. This would help to retain, within Skye, the retail spend that
currently leaked to Dingwall and Inverness and as a result reduce car
journeys currently made by Skye residents.
The Council also AGREED that conditions be agreed through delegated powers between the Area Planning and Building Standards Manager, the PARC Chair and the local Members and NOTED that it would be necessary to refer the application and decision to Scottish Ministers.
The meeting ended at 3.20 p.m.