• Agenda

 

Minutes of Meeting of the Planning, Environment and Development Committee held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Wednesday, 23 January 2008 at 10.30a.m.

 

Present:
Mr A S Park (Ex Officio) Mr D Hendry Mrs I McCallum Mr G Farlow Mr D Mackay Mr G Smith Mr W MacKay Mr I Ross Mr M Rattray Mr R Durham Mr D Chisholm	Mr B Barclay Mr B Clark Mrs H Carmichael Ms P Munro Mr D Henderson Mr I Brown Mr J Gray Ms G Sinclair Mr B Wynd Mr J Crawford
Non Members also Present: Mr R Coghill Mr D Flear Mrs M Smith Mr A Rhind Mr A Torrance Dr D Alston	Mr J Laing Mr D Kerr Mr J Finnie Mr R Balfour Mr R Marsden Mr B Gormley
In attendance: Mr R Hartland, Acting Director of Planning and Development Mr G Robson, Head of Environment and Development Mr M MacLeod, Development Plans Manager Mr A McCann, Economy and Regeneration Manager Mrs D Maxwell, Projects Asset and Archaeology Manager Mr C Simpson, Principal Tourism Officer Miss L Johnstone, Acting Head of Legal Services Mrs R Moir, Principal Administrator Mrs L Lee, Committee Administrator Mrs C Nicoll, Administrative Assistant
Also in attendance: Mr A Thin, Chairman, Scottish Natural Heritage (for item 3)

Mr D Hendry in the Chair

An asterisk in the margin denotes a recommendation to Council.  All decisions with no asterisk are delegated to the Committee.

 

1.           Apologies for Absence

 

Apologies for absence were intimated on behalf of Mr J Holden and Mr T Prag.

 

2.           Change in Committee Membership – Appointments to Working Groups

 

The Committee NOTED that the Council at its meeting on 13 December 2007, in accordance with the agreed formula for political representation on Committees, had agreed to appoint Mr R Durham of the Independent Group to the Committee in place of Mr A Torrance, following the latter’s decision to join the SNP party.

 

The positions previously held by Mr Torrance as a member of the Inner Moray Firth Ports and Sites Strategy Working Group and as a substitute member of the Area Tourism Partnership also requiring, in accordance with the agreed formula, to be filled by a PED Member from the Independent Group, the Committee AGREED the appointment of Mr R Durham to these positions.

 

3.           Presentation – The Future Role of Scottish Natural Heritage

 

As a member of the North West Highland Geopark Steering Group, Mr G Farlow declared a non financial interest in this item, but, having applied the test outlined in Paragraph 5.18 of the Councillor’s Code of Conduct, concluded that his interest did not preclude his involvement in the discussion.

 

A presentation was given by Mr A Thin, Chairman of Scottish Natural Heritage (SNH), on The Future Role of Scottish Natural Heritage. 

 

Mr Thin emphasised that SNH was a public service organisation and that its duty was to serve the Scottish people by ensuring that Scotland’s wildlife and scenery asset was maintained and looked after.  SNH was undergoing a period of immense change as it re-focussed its activities towards delivering this aim.  He outlined four areas of particular focus contained in SNH’s new corporate strategy: (i) supporting the economy – with regard both to tourism and to attracting a high quality work force; (ii) health – promoting outdoor education; (iii) climate change – both mitigation and adaptation measures; and (iv) biodiversity – protecting rare species.  He also advised that SNH was funded by a £60m Scottish Government grant, which was currently divided roughly equally between (i) direct land management activities, (ii) providing advice to the Statutory Planning System, and (iii) access, education, rangers, small grants to communities etc.  However, it was likely that from 2009/10 work in these latter activities would be passed to local authorities. 

 

Mr Thin then spoke regarding SNH’s role in the planning system.  He advised that, as there had previously been considerable misunderstanding of this role, SNH had commissioned a full external review of its Statutory Planning activities, including scrutiny of its speed, efficiency and effectiveness.  The review had been carried out by Heriot-Watt University, and the findings would be published in the next few weeks.  The review had made a number of recommendations, including that SNH should, amongst other things, (i) focus its efforts at the strategic level, i.e., on Structure Plans rather than individual applications, (ii) restrict its lodging of statutory objections to cases where the local authority had sought its advice, (ii) work more closely with other public bodies and with communities, and (iii) introduce measures to ensure advice given was consistent.  

 

The Chairman thanked Mr Thin for his presentation.  In response to questions raised, Members were advised that:

 

·        SNH was aware of criticisms voiced by rural communities over past years and these had been taken into account in the development of its programme for change

·        SNH would be seeking the Council’s views on the new role it was proposing to adopt

·        SNH’s role in the planning process was advisory – it should therefore lodge and maintain objections only where there was demonstrable national interest or legal considerations, including European law

·        Members’ suggestions regarding the desirability of SNH’s participation in Highland Council hearings on major proposals such as the Beauly-Denny power line would be relayed to the SNH Board; however, resources issues could have implications as to how fully SNH was able to become involved in such hearings

·        SNH was aware that levels of local authority knowledge, resource and expertise varied across Scotland and was therefore developing individual protocols with each local authority – SNH advice would be targeted to where it was required and to where it could add value

·        landscape strategy, including the future of National Scenic Areas, was under fundamental review; discussions were ongoing with the Scottish Government and the outcomes were as yet unclear; however, SNH adhered to the view that landscape was an important Scottish asset; landscape value was a difficult concept to measure and therefore to protect

·        SNH had a leadership responsibility and therefore a role in actively promoting public understanding of why Scotland’s natural heritage was important to the future of the Scotland and its people

·        Ministers had indicated that, where SNH was co-funding activities with local authorities, the funding should, from around 2009/10, go direct to local authorities - the operation and funding of geoparks might be included in this.

 

In response to comments raised relating to SNH’s withdrawal of objections to certain planning applications, notably windfarms, the Acting Director of Planning and Development stated that he would be working (i) to address the public perception issues which arose when objections were withdrawn and (ii) to improve administrative arrangements between the Council and the Scottish Government to ensure that the Council was made aware of all parties lodging objections in relation to applications under the Electricity Acts.

 

The Chairman having thanked Mr Thin for his presentation, the Committee NOTED the information given.

 

4.           Minutes of Natural Resources Working Group – 30 November 2007

 

There had been circulated Minutes of Meeting of the Natural Resources Working Group held on 30 November 2007 (NRWG mins 071130).  The Working Group Chair, Mrs I McCallum, commented on the meeting’s discussions.

 

In speaking to the Minutes, Mrs McCallum drew attention to a number of issues which the Group would be monitoring in the coming months, including: (a) the impact of new legislation on staff workloads, with regard to tree preservation orders in particular; (b) the implementation of forestry grants under the Scottish Rural Development Programme to ensure that the Highland area gained as much as possible from this funding source; (c) progress with bringing forestry into the community planning process; and (d) progress with the transfer of Council-owned woodlands to community organisations.

 

The Committee APPROVED the Working Group Minutes, NOTED the information given and AGREED the Working Group’s recommendations with regard to:

 

i.             item 4 of the Minutes –(i) that the implementation of the forestry grant schemes provided by the new Scottish Rural Development Programme be closely monitored to ensure that the Highlands gained maximum benefit from the funding opportunities provided by the grant schemes; and (ii) that more emphasis be placed on the involvement of forestry in the community planning process and a mechanism be established which would allow better integration of the community planning process with the needs of the Highlands and also more effective collaboration between all concerned parties;

ii.           item 7 of the Minutes – that the Council conduct further discussions with the Community Woodland Association on the establishment of an initiative aimed at encouraging community engagement in woodland ownership;

iii.         item 10 of the Minutes – to homologate the response submitted on behalf of the Council to the Scottish Government consultation on “A Strategic Framework for  Scottish Freshwater Fisheries”, appended to the circulated Minutes, the deadline for which had been 4 January 2008; and

iv.         item 11 of the Minutes – the draft Council response to the Scottish Government consultation on Administrative Penalties for Fisheries Offences, as appended to the circulated Minutes.

 

5.           Minutes of Tourism Project Group – 12 December 2007

 

There had been circulated Minutes of Meeting of the Tourism Project Group held on 12 December 2007. 

 

In discussion, Members commented that in some localities it was difficult for tourists to obtain meals on certain days of the week out of season, and suggested that some form of award should be introduced to encourage catering businesses to open on all working days.  Members also suggested that there was a need for core Tourist Information Centres to remain open to serve winter visitors, and recommended that further shared working arrangements with Highland Council Service Points be encouraged.

 

The Committee APPROVED the Working Group Minutes and AGREED:

 

i.             the Working Group’s recommendations with regard to item 1 of the Minutes – that: i) an in-house seminar be held as early as possible with Ward Managers and key services with a view to identifying how the Council might move forward with tourism in the Highland area and also to define the Council’s role in providing support and assistance to community projects and initiatives; ii) Ward Managers prepare a list of all community groups and organisations involved with tourism in their areas; and iii) a mechanism be established to provide adequate training for staff dealing with tourism related matters; and item 4 of the Minutes – that an events strategy be developed in consultation with other agencies involved in the promotion and funding of events; and

ii.           that the Chairman bring Members’ views on opening core Tourist Information Centres during the winter months to the attention of VisitScotland.

 

6.           Revenue Expenditure Monitoring 2007/2008

 

There had been circulated Report No. Ped1-08 dated 11 January 2008 by the Acting Director of Planning and Development setting out the revenue monitoring position for the period to 30 November 2007 and the projected year end position.

 

Members were advised that a £30,000 underspend was anticipated for the year end, this figure taking account of unbudgeted expenditure of £106,000 on the Beauly-Denny Public Inquiry, and higher than anticipated fee income. 

 

The Committee NOTED the report and the information given.

 

7.           Capital Expenditure Monitoring 2007/08

 

There had been circulated Report No. Ped2-08 dated 11 January 2008 by the Acting Director of Planning and Development outlining the expenditure and income to 30 November 2007 for the 2007/08 Capital Programme.  

 

Members were advised that gross expenditure had risen to £960,000 since the report had been compiled.  Income of £542,792 had been received, representing 301% of the budget, this being in part due to late income from the previous year as previously reported, and also to some unbudgeted income.  An underspend of around £400,000 was anticipated for the year end, attributable to reasons detailed in the report.  Every effort was being made to reduce the level of underspend.  It was the intention to seek authority to carry forward the underspend/slippage to the 2008/09 capital programme.

 

The Committee NOTED the content of the report and the information given, and that a report on the Five Year Capital Programme would be brought to the next meeting.

 

8.           Draft Regulations on Development Planning – Scottish Government Consultation

 

There had been circulated Report No. Ped3-08  dated 10 January 2008 by the Acting Director of Planning and Development asking the Committee to consider a recommended response to the Scottish Government’s consultation dealing with Draft Regulations on Development Planning, for which responses were sought by 20 February 2008. 

 

The need for the new Regulations had been necessitated by changes to the planning system being introduced by the Planning Etc. (Scotland) Act 2006.  Whilst some details of the new system were already fixed as part of the Act, others were open for discussion, being part of the draft regulations.  Many aspects of the draft regulations were to be welcomed in principle, although there were some aspects which required clarification or amendment or which would benefit from expansion in future guidance.  It would be important to understand the procedural and legal requirements of the new system and to plan the Council’s use of resources appropriately to deliver commitments in its Development Plan Scheme in accordance with those requirements.

 

Having heard the Development Plans Manager advise that the proposals were in line with what had been expected, but that further clarification was being sought on a number of issues, including the role of Supplementary Planning Guidance in the new system, the Committee APPROVED the content of the report and AGREED that it be forwarded to the Scottish Government as the response of the Council to the Scottish Government’s consultation exercise.

 

9.           Modernising the Planning System – Draft Regulations on Planning Enforcement – Scottish Government Consultation

 

There had been circulated Report No. Ped4-08  dated 10 January 2008 by the Acting Director of Planning and Development advising that the Scottish Government had consulted Scottish local authorities on proposals for the enforcement of planning controls by means of Fixed Penalty Notices, Notification of Initiation of Development, Notice of Completion of Development and on-site notices and Temporary Stop Notices.  The consultation document gave a summary of existing enforcement measures as well as the proposed measures and asked local authorities to respond to 11 questions in respect of the proposals.  Responses were sought by 20 February 2008.

 

The Acting Director of Planning and Development drew attention to the main points of the report and in particular (i) the need for more rigorous enforcement of planning conditions in order to restore public confidence in the planning system in Highland; (ii) the recommendation that on-site notices showing a developer’s track history should include reference to developments outwith the Council area, where such existed; and (iii) the lack of clarity as to whether the money raised from fixed penalties would be directed to the Council or the Exchequer – if the former, there could be a public perception that the Council was using fixed penalties primarily as a means of raising income, rather than as a development management tool.  

 

The Committee welcomed the consultation and AGREED the response as set out in the report.

 

10.      Nuclear Decommissioning Agency Draft Business Plan Consultation

 

There had been circulated Report No. Ped5-08 dated 9 January 2008 by the Acting Director of Planning and Development advising that the Nuclear Decommissioning Agency (NDA) had published its draft business plan for 2008 to 2011, on which comments were invited by 31 January 2008.  The Plan set out the NDA’s key objectives and plans for delivering their priorities over the following three years, and covered activities at all their sites.  The report summarised the main elements of the draft business plan and focussed on its implications/ proposals for decommissioning at the Dounreay facility, before offering some comments on what the Council might wish to include as part of the consultation process.

 

The Head of Environment and Development summarised the main points of the report, making reference to the NDA’s budget (£8.5bn to fund decommissioning and cleaning up of the UK’s civil public sector nuclear sites over the following three years), its remit, and its principal and secondary objectives.  He drew attention to the proposed levels of funding for the socio-economic aspects of the decommissioning, which were small in comparison with the overall budget, and were dependent on 3% (£255m) annual efficiency savings being achieved, of which only £10m would then be used to fund socio-economic activities.  The socio-economic objectives had the potential to deliver substantial benefits to Caithness and North Sutherland and to the wider Highland economy, through (i) provision of socio-economic support and development; (ii) delivering investment in skills research and development; and (iii) supply chain development.  Members were advised that the Chief Executive would be reporting on all strands of the economic regeneration of Caithness to the Council on 6 March 2008.  

 

Members raised concerns that, as the business plan stood, whilst it included an arrangement for the provision of funding for socio-economic projects, there was no guarantee that this would be forthcoming.  Concerns were also raised that Council representation on the Regeneration Partnership was at officer rather than Member level.

 

Questions were also raised as to the level of waste to be stored at Dounreay and the length of time it would be held, there being no national repository in Scotland.   In response the Chairman stressed that Scottish Government policy was that high level radioactive waste would not be transferred in or out of Scotland.  Members recommended that any storage facility for nuclear waste at Dounreay be sited away from housing.

 

A call for the Council to revisit its policy on nuclear power generation was not supported.

 

Having been given an assurance that there would be liaison between Members and the Council’s Education, Planning and Property Services, with a view to developing links between the proposed National Nuclear Archive at Dounreay and the North Highland Archive, the Committee AGREED:

 

i.             to respond to the NDA’s draft business plan on the basis of the relevant Council policies as set out in the Programme for the Administration;

ii.           to request that the socio-economic support aspects of the decommissioning process be given equal weighting within the business plan – this to be highlighted in the consultation response;

iii.         to request that the business plan include a specific increased amount for socio-economic support, and that this be not dependent on efficiency savings being achieved in the NDA’s decommissioning and clean-up programme;

iv.         that officers be asked to seek clarification on how the offshore particle removal and remediation was being funded;

v.           to welcome the establishment of a National Nuclear Archive in Caithness in 2008/09; and

vi.         to instruct officers, in conjunction with the University of the Highlands and Islands (UHI) and Highlands and Islands Enterprise (HIE), to lobby the NDA to establish part of the “National Skills Academy for Nuclear” within UHI/North Highland College.

 

11.      Deer Commission Scotland – Consultation “A Draft Strategy for Wild Deer in Scotland”

 

There had been circulated Report No. Ped6-08 dated 11 January 2008 by the Acting Director of Planning and Development introducing a Deer Commission for Scotland consultation on a draft strategy for wild deer in Scotland on which responses were sought by 1 February 2008, together with a draft Highland Council response, compiled in consultation with the Natural Resources Working Group.

 

The Committee AGREED the draft response, subject to the expansion of paragraph 7.4 to stress the importance of Deer Management Groups operating in a fully open, inclusive and accountable way, and NOTED that deer related issues could be included among items for discussion with the Minister for Environment, should he attend a future meeting.

 

12.      Scottish Government Tourism Inquiry

 

The Scottish Government had in late November 2007 requested written evidence from the Council on the feasibility of meeting the Government’s targets for a 50% increase in tourism revenue by 2015, in order to identify the key challenges and bring forward measures to overcome them.  In this regard, the Scottish Government had sought comments from the Council to a series of questions and a response submitted timeously by the Acting Director of Planning and Development, in consultation with the Chairman, had been circulated.  The response indicated that, whilst the targeted increase was not impossible, it would be challenging.  The Scottish Government had also been advised that the Council would be happy to offer oral evidence to the Inquiry.

 

In discussion, Members commented on the fundamental importance of tourism to the Highland economy.  Differing views as to the impact of windfarms on Scotland’s land asset were expressed – whilst the “spoiling” of the landscape could be considered as being likely to have a negative impact on tourism, there was also evidence that tourists were interested in and keen to visit windfarms.  Whilst recognising the high market profile of areas such as Inverness and Strathspey, Members also stressed the importance of promoting other areas of the Highlands.  Particular reference was made to Fort William and Lochaber, which benefited from relatively short journey times from the Central Belt.

 

The Committee HOMOLOGATED the response submitted to the Scottish Government ahead of the 19 December 2007 deadline.

 

13.      Changes to Enterprise Network – (Business Gateway)

 

There had been circulated Report No. Ped7-08 dated 7 January 2008 by the Acting Director of Planning and Development outlining forthcoming key changes to the Enterprise network, and describing the current Business Gateway service and also the status of transfer negotiations at the national and regional level.  The report identified a number of suggested actions to guide Council effort when preparing for the introduction of the Business Gateway service to Highland.

 

The Economy and Regeneration Manager summarised the content of the report and commented that the delivery of Business Gateway Highland by the Council was an important challenge.  He updated Members that clarification had now been received from the Scottish Government that the Council could, if it so wished, contract directly with Highland Opportunity Limited (HOL) to deliver the Gateway Service, as opposed to going out to tender, since HOL, being regarded an “in-house entity”, was exempt from EU procurement rules. 

 

Members commented positively on the proposals and were generally supportive of HOL delivering the contract.  The importance of ensuring continuity of service during the transition of Gateway from Highlands and Islands Enterprise (HIE) to the Council was highlighted – this would require sufficient resources from the Scottish Government, and detailed liaison between HIE and the Council. 

 

The Acting Director of Planning and Development advised that the Planning and Development Service would seek to enable the opportunities created by Business Gateway to go forward as smoothly as possible, for example through its processing of planning applications and building warrants.

 

After discussion the Committee welcomed the transfer of the Business Gateway function to the Council and the opportunity it afforded to develop and deliver a single point of access to public sector business services and AGREED:

 

i.             to establish an inter-Service Project Team to address and resolve the range of issues associated with the transfer of Business Gateway function from Highlands and Islands Enterprise to the Council;

ii.           that the actions as detailed in paragraph 4.1 of the circulated report guide the Council effort when preparing for the introduction of the Business Gateway service to Highland; and

iii.         to give the Chief Executive delegated authority, in consultation with the Convener, Vice Convener and the Chairs of the Resources and Planning, Environment and Development Committees, to make, as required, key decisions on the way forward with the introduction of Business Gateway in the intervening period between Committee meetings.

 

14.      Working for Families Initiative

 

There had been circulated Report No. Ped8-08 dated 6 January 2008 by the Acting Director of Planning and Development seeking Member approval to extend the Working for Families contract with Highland Opportunity Ltd. to facilitate a smooth and orderly transition for clients to the new Fairer Scotland Fund.  The Economy and Regeneration Manager summarised the content of the report.

 

In response to a question raised as to the Council’s progress in seeking changes to the way in which area deprivation and disadvantage was statistically calculated, so that it took into account issues of rurality, Members were advised that the Scottish Government recognised that the Scottish Index of Multiple Deprivation (SIMD) was naturally weighted towards urban areas and that work was ongoing in this regard.  The Council would continue to lobby for change.  Additional weighting had been given by the Scottish Government to the income domain of the SIMD 2006 when calculating the Highland allocation of the Fairer Scotland Fund, which, whilst not fully taking account of rural issues, was nonetheless a step in the right direction in targeting rural poverty more accurately.  The new LEADER fund and European Social Fund projects would both assist in bringing funding to areas of rural deprivation.  A report would be submitted to a future meeting of the Resources Committee on the new Fairer Scotland Fund.

 

The Committee AGREED that Highland Opportunity Ltd. be offered a three month extension to its contract to continue to deliver the Working for Families Initiative, with the option to extend for up to three months thereafter if required, subject to the necessary funding being secured.

 

15.      Procedures when Exercising Compulsory Purchase Powers Under the Town and Country Planning (Scotland) Act 1997

 

As a member of the Cromarty Firth Port Authority, Mr J S Gray declared a financial interest in this item, but, in terms of the dispensation granted by the Standards Commission, remained to participate in the discussion.

 

There had been circulated Report No. Ped9-08  dated 14 January 2008 by the Acting Director of Planning and Development and the Acting Head of Legal Services outlining the procedures to be followed when the Planning Authority exercised compulsory purchase powers (CPO) under section 189 of the Town and Country Planning (Scotland) Act 1997.

 

The Head of Environment and Development gave a brief summary of the report and informed Members that, although not the subject of the report, the Council and Highlands and Islands Enterprise (HIE) were continuing to prepare a joint plan in relation to possible Compulsory Purchase of the Nigg Fabrication Yard.  Members urged that all avenues be pursued to bring the Fabrication Yard at Nigg into use as soon as possible.

 

In response to questions raised, the Acting Director of Planning and Development advised that, whilst it was not necessary at this time to appoint a Site Assembly Team in relation to Nigg, a procedural stage flagged in the report, it would nonetheless be prudent to identify who would be included in the Team, in the event that it were to be required.  The Head of Environment and Development suggested that the next stages to progress a Compulsory Purchase Order in relation to Nigg, namely the Publication of Intention and Written Expressions of Interest from developers, would be best delayed until a Master Plan was available, as developers would need to know what the planning authority expected of them.  It was anticipated that the Master Plan could be made ready in around two months, HIE being well advanced in their procurement of this.

 

The Committee NOTED the report and the advice and information given, and APPROVED the procedures set out in Appendix 1 for use should the Planning Authority exercise CPO powers under section 189 of the Town and Country Planning (Scotland) Act 1997.

 

16.      Affordable Housing – Supplementary Planning Guidance

 

At its meeting held on 14 November 2007 the Committee had agreed that a full report be presented to this meeting (a) setting out the outcomes of the review of the current approaches to delivering affordable housing through planning policy and (b) providing clear recommendations as to the timescales and arrangements for public consultation on any changes to the policy.

 

There had been circulated Report No. Ped10-08 dated 17 January 2008 by the Acting Director of Planning and Development advising that the Council’s Affordable Housing Plan Policy Guideline had assisted in the delivery of a wide range of affordable housing schemes since it was first approved by the Council in 2002, and that there had been a number of changes to the definitions and means of delivery of affordable housing since then.  In addition, the Council had set out a commitment for the delivery of 2000 additional affordable homes between 2007 and 2011.  The planning system had a role in ensuring the delivery of a proportion of these units through the affordable housing policy.  It was an appropriate time therefore to update the Guideline.  

 

The Development Plans Manager summarised the content of the report and advised Members that the Affordable Housing Policy Guideline proposals were “pushing boundaries” and were therefore likely to generate discussion in the course of consultation. 

 

A number of points were raised in discussion, including that:

 

·        the severe shortage of affordable housing had been recently recognised by the Scottish Government and was now to be included in the Market Share Equity Scheme

·        mechanisms required to be put in place so that Affordable Housing was retained as such when properties were sold on

·        there was an urgent need for additional rented accommodation as well as low cost housing for purchase – the percentage threshold for rented accommodation should be increased and the social rented market needed to be increased

·        the potential under the Council’s existing Affordable Housing Policy for developers to put forward proposals of 9 houses, which fell just below the Council’s threshold for inclusion of affordable housing within a scheme, must be addressed – the threshold of 4 houses, as agreed in some parts of the Highlands, had proved successful and should be extended to the whole

·        it would be useful for Members to be provided with evidence of where best practice was working

·        where developers were considered to be withholding housing land in anticipation of market rises, the Local Plan should be revised to identify alternative sites for housing

·        proposals to revisit the Housing in the Countryside Policy were welcome, as the current Policy had proved to be overly restrictive – it should be possible to relax restrictions on housing in the countryside without the urbanisation of rural areas

·        restrictions on the size of footprint of re-build houses should be relaxed to take account of the size of house required for a family

 

The Development Plans Manager observed that the revision of the Housing in the Countryside policy would be challenging and could not result in a blank canvas allowing development to happen in an unplanned way.  Such considerations as size and design of a house might be included in the new Policy.   He advised against looking for housing sites outwith the designations in a Local Plan as the Plan had been agreed through a transparent process and a public local inquiry.  It should be possible in future to deal reasonably timeously with any restriction in housing land supply through the faster review of Local Plans.  

 

After discussion, the Committee AGREED:

 

i.             the amended Affordable Housing Guideline as a basis for public consultation, including options for change as set out in Section 3 of the report;

ii.           that the outcomes of the consultation be brought back to Committee on 28 May 2008 with a view to adopting the amended Affordable Housing Guideline as supplementary planning guidance pending approval of the Highland wide Local Development Plan;

iii.         the immediate review of the Housing in the Countryside policy through a short life Member-Officer Working Group to report back to the Committee on 13 August 2008:  Membership of the Working Group to comprise the Chair and Vice Chair of the Planning Environment and Development (PED) Committee and the Chairs and Vice Chairs of the three Planning Applications and Review Committees (PARCs), together with, at the invitation of the PED Chairman, local Ward Members of the PED Committee or relevant PARC as might be appropriate to the business of the particular Working Group meeting; and

iv.         that the report to the Committee on 28 May 2008 also advise on progress with the review of the Housing in the Countryside Policy.

 

17.      Proposal for Supplementary Guidance on Open Space

 

There had been circulated Report No. Ped11-08 dated 7 January 2008 by the Acting Director of Planning and Development advising that the Council’s Development Plan Scheme identified the need to prepare a number of pieces of supplementary planning guidance (SPG) to support the preparation of the Highland-wide Local Development Plan.  Committee approval was sought for the preparation of the first of these SPGs on open space provision, within the context of improved residential layout.

 

A number of points were raised in discussion, including:

 

·        the opportunity to include flood management considerations in the Open Space Guidelines

·        the opportunity to use open space to support the Council’s aims relating to access, health promotion and safer routes to school

·        the need to look at factoring services for open space in new developments

·        that open space needed to be of good quality.

 

The Committee AGREED the preparation of guidance on open space provision in Highland by external planning consultants as the first part of a suite of supplementary planning guidance proposed for the following year, the cost of external consultants for this work being accommodated within the Service budget.

 

18.      Scottish Government Economic Strategy

 

There had been circulated Report No. Ped 12-08 dated 7 January 2008 by the Acting Director of Planning and Development outlining for Members’ information and consideration the Scottish Government Economic Strategy published on 13 November 2007.  It set the framework for the actions taken by the Council on its own or in partnership with others to focus services on “creating a more successful country, with opportunities for all of Scotland to flourish, through increased sustainable growth”.

 

Members were advised that good alignment existed between the Government Economic Strategy and the Council’s Programme for the Administration and its overarching commitment to “work for increased prosperity and wellbeing of the people living and working in the Highlands”.  The Economy and Regeneration Manager advised that the approach taken with the Economic Strategy differed from previous government economic policies as the new Economic Strategy was the primary aim of the Scottish Government, with all government and local authority policies working towards achievement of the Economic Strategy.  He drew attention to the objectives contained in the Strategy which referred to prosperity and opportunities “for all” – it was hoped that this inclusive approach would translate into actions to address the differing growth rates across the Highland Council area, and the disparity between the Scottish regions. 

 

In discussion, points raised included that:

 

·        the aims of the Strategy were welcome, but delivering them would be challenging – an assurance was required that the aims relating to reducing differences between geographical areas would be actively and effectively taken forward

·        indicators other than employment levels should be used

·        it would be important to ensure that the Council met the criteria for support from the Scottish Government and so received its fair share of funding

·        there was a lack of recognition of the Highland economic base in the Strategy, both currently and for the future – there was a need to maintain the Highland’s current position before anticipating progress; in particular there was an urgent need to retain skills and provide training.

 

The Committee NOTED the Government’s Economic Strategy and the current close alignment with the Council’s draft Corporate Plan and APPROVED for its interest the approach to mainstream the Strategy into Council policy and delivery through the negotiation of the Single Outcome Agreement in 2008/09 and through the adaption of the Corporate Plan and Service Plans in 2008.

 

19.      Draft Core Path Plans – Inverness and Nairn and Ross and Cromarty

 

There had been circulated Report Nos. Ped13-08 and Ped14-08 both dated 11 January 2008 by the Acting Director of Planning and Development, introducing, respectively, (i) the Core Path Plan for Inverness and Nairn, which included the northern part of Badenoch and Strathspey outwith the Cairngorms National Park area, and (ii) the Core Path Plan for Ross and Cromarty.  Both reports described the consultation processes adopted and the Core Paths’ fit with the Council’s priorities for action.  There had also been circulated Booklets A-D, respectively comprising the Draft Inverness and Nairn Core Path Plan, the consultation responses received thereto, the Draft Ross and Cromarty Core Path Plan, and the consultation responses received thereto.

 

The Committee APPROVED the publication of the draft Core Path Plans for (i) Inverness and Nairn and (ii) Ross and Cromarty for the statutory 12 week consultation period and thereafter their submission to the Scottish Government.

 

20.      Audit Scotland Statutory Performance Indicators Third Quarterly Review 2007/08

 

There had been circulated Report No. Ped15-08 dated 14 January 2008 by the Acting Director of Planning and Development advising Members on the delivery of the Development Management and Building Standards and Development Plan Services for the third quarter of 2007/08, with reference to the Audit Commission and internal performance targets.  The figures for these indicators were also reported on, with comparative figures for previous years and on the basis of “year to date”.  The Development Management and Development Plan figures were statutory performance returns to Audit Scotland.  The Building Standards returns were no longer statutory but had proved to be a useful management tool to assess the Service’s performance.

 

Having welcomed the general continuing improvement in performance in Development Management and acknowledged the staff’s efforts in delivering the building standards function, the Committee NOTED the current position and that a report on the recent Audit carried out by the Building Standards Agency for the Scottish Government would be submitted to the Committee on 19 March 2008.

 

21.      Inverness Airport – 24 hour opening

 

There had been circulated Report No. Ped16-08 dated 11 January 2008 by the Acting Director of Planning and Development advising that an approach had been received from Highlands and Islands Airport Limited (HIAL) to clarify the planning position with regard to opening hours at Inverness Airport.  In view of the importance of this topic and uncertainty as to possible interpretations of the law, independent legal advice had been commissioned jointly by the Council and HIAL.  The resultant advice was clear that 24-hour operations at the Airport were permitted under planning law.

 

The Acting Director of Planning and Development gave a brief summary of the report and advised that community councils would be kept informed of any significant developments proposed by HIAL.  In response to a suggestion made, he undertook to instigate inquiries into the potential for Inverness Airport to be used, for example, as a maintenance base by a low cost airline.

 

In discussion, Members expressed concern at the possible additional noise which might be generated through extended airport operations, particularly for existing houses in flight paths and those in the proposed developments at Whiteness and Tornagrain.  Members were advised that, under planning law, the Council had no powers to prevent Inverness Airport opening for 24 hours, but that noise levels would be subject to other regulatory regimes such as Environmental Health legislation.  It was also pointed out that many of the people likely to live in the proposed new developments would work at the airport, and that purchasers of the new housing would be aware of its proximity.

 

The Committee NOTED that no formal steps were required under planning law to confirm the 24-hour status of Inverness Airport and AGREED, in view of its importance to the Highland business community as well as to the future development of Inverness, to refer the subject of safeguarding links between Inverness and Heathrow to the TEC Services Committee for it to pursue with the Scottish and UK Governments.

 

The meeting ended at 1.05 p.m.