A meeting of the Planning, Environment and Development Committee will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Wednesday 28 May 2008 at 10.30am.
You are invited to attend the meeting and a note of the business to be considered is attached.
Yours faithfully,
Alistair Dodds
Chief Executive
Declarations of Interest – 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 indicate whether it is a financial or non-financial interest and include some information on the nature of the interest. Advice may be sought from Officers prior to the meeting taking place.
1. Apologies for Absence
2. Presentation – Fortrose Academy Young Enterprise Scotland
A brief presentation will be given by pupils from Fortrose Academy, Highland area winners of this year’s Young Enterprise Company Programme competition. The pupils will speak about their business and the experience they have gained through participation in the Programme. The team will be taking part in the Scottish National finals in Glasgow on 17 and 18 June 2008.
There will be an opportunity for Members to ask questions of the pupils following the presentation.
3. Presentation – Visit Scotland
A presentation will be given by Mr Philip Riddle, Chief Executive of VisitScotland.
There will be an opportunity for Members to ask questions of Mr Riddle following the presentation.
4. Developing Highland Tourism
There is circulated Report No. Ped-32-08 dated 22 May 2008 by the Director of Planning and Development outlining the Council’s involvement in developing the tourism industry in Highland thereby assisting the industry in achieving the 50% growth target by 2015 as set by the Government. It sets out the value of the sector to the Highland economy, market trends and the Council’s contribution. It also discusses partnership activity with the Area Tourism Partnership and VisitScotland in support of the Council’s commitment to “continue our work with VisitScotland to further develop tourism in the Highlands as one of our major industries”. The report offers recommendations on the development of the Area Tourism Partnership and incorporates proposals for a Partnership Agreement between The Highland Council and VisitScotland for the year 2008-09. These agreements are a requirement in the funding of VisitScotland by Local Authorities and this will be the fourth such Agreement between the Highland Council and VisitScotland. The Year of Homecoming in 2009 makes this an important agreement to maximise benefits for Highland.
The Committee is asked to:
i. note the importance of tourism to the Scottish and Highland economies, current tourism trends and the Council’s role in developing tourism in Highland, particularly in light of the Year of Homecoming 2009;
ii. advise the Area Tourism Partnership that it:
- seek a 50:50 balance between the public and private sector representatives
- resolve the geographic boundary and strategy coverage anomalies that exist with Moray and the Cairngorm National Park and that it has only the one strategy to deliver for its area
- appoint a chair and a vice chair, ideally from amongst the industry representatives, for a fixed term, ideally 2 years
- retain its Strategy and Action Plan monitoring role but prioritise the actions proposed and produce a concise and focussed annual Action Plan with a nominated champion for each priority;
iii. authorise the Director of Planning and Development, in consultation with the Chairman, to conclude a Partnership Agreement with VisitScotland for 2008-09;
iv. approve a payment to VisitScotland of up to a maximum of £495,000 for the financial year 2008-09; and
v. agree to support a review of the Partnership Agreement to inform future joint work between the Council and VisitScotland.
5. Minutes of Tourism Project Group – 8 April 2008
There are circulated for approval Minutes of Meeting of the Tourism Project Group held on 8 April 2008.
6. Minutes of Natural Resources Working Group Meetings 9 and 16 May 2008
There are circulated Minutes of Meetings of the Natural Resources Working Group held on 9 May 2008 and 16 May 2008 respectively. The Working Group Chair, Mrs I McCallum, will comment on the meetings’ discussions.
The Committee is asked to approve the Minutes and to agree the Working Group’s recommendations with regard to the Minutes of 9 May 2008:
i. Item 3, that the Committee approve the proposed response to consultation by Forest Enterprise Scotland on its Framework Strategic Plan 2008 – 2013 (Appendix 1 to the Minutes), amended to include comments raised at the Working Group in relation to (a) maintaining sustainable timber levels in the Highlands, (b) links between sustainable timber production and local processing and community development, (c) potential leadership issues following the sale of Forest Enterprise Scotland land; (d) promotion of a strategic view of the timber industry within the private sector, (e) climate change issues, (f) vermin control measures, and (g) retention of good arable land for farming rather than the timber industry
ii. Item 4 – that the Committee (a) homologate the Working Group’s visit to the Cromarty Firth Fisheries Board on 16 May 2008, and (b) approve the Working Group’s future potential visits as listed in the Minutes.;
and to the Mnutes of 16 May 2008:
iii. item 2, that the Committtee agree to work jointly with the Cromarty Firth Fisheries Board (CFFB) and other private sector partners on appropriate projects identified within the CFFB's Fisheries Management Plan;
The Committee is also asked to agree that Mrs G Sinclair be appointed to the Working Group to represent the Liberal Democrat Group in place of Mr T Prag, who has stepped down from the Working Group.
7. Revenue Expenditure Monitoring 2008/09
There is circulated for noting Report No. Ped-33-08 dated 19 May 2008 by the Director of Planning and Development setting out the revenue monitoring position for the period to 30 April 2008.
8. Planning and Development Service - Service Plan 2008/09 – 2010/11
There is circulated Report No. Ped-34-08 dated 14 May 2008 by the Director of Planning and Development introducing the draft Planning and Development Service - Service Plan 2008/9 – 2010/11. Copies of the draft Service Plan is circulated separately.
The Committee is asked to:
i. consider the draft Planning and Development Service – Service Plan 2008/09 – 2010/11; and
ii. approve the draft Plan subject to any alterations agreed by Committee.
9. Audit Scotland Statutory Performance Indicators Fourth Quarterly Review 2007/08
There is circulated Report No. Ped-35-08 dated 21 May 2008 by the Director of Planning and Development advising Members on the delivery of the Development Management & Building Standards and Development Plan services for the fourth quarter of 2007/08, with comparative figures for previous years. The Development Management and Development Plan figures are statutory performance returns to Audit Scotland. The Building Standards returns are no longer statutory but have proved to be a useful management tool to assess the services’ performance.
Whilst the performance figures for the quarter overall show a decline it is reassuring that the filling of a number of vacancies, the use of consultants and reorganisation of the Building Standards management has consistently improved each month since the trough of January 2008. The improved performance in the latter two months of quarter 4 has been maintained in April.
The report links to the Administration’s Corporate Objectives for the Highland Council contained in the Programme for the Administration:
“We will continue to pursue best value for our residents and service users, seeking efficiencies in the way we work and we will undertake a comprehensive review of the Council’s spending priorities by 2009.”
The Committee is asked to note the current improving position in respect of both Planning and Building Standards’ performance in relation to the vacancies throughout the service.
10. Modernising the Planning System - Consultation on Planning Appeals Regulations
There is circulated Report No. Ped-36-08 dated 16 May 2008 by the Director of Planning and Development considering the latest in a series of consultations on the Government’s “Modernising the Planning System” agenda, and the detailed provisions of the main changes brought into effect by the Planning Etc. (Scotland) Act 2006. It is concerned with the proposed new arrangements for appeals made against decisions on planning applications. This includes provision for establishment of review bodies to determine appeals on local developments, minor changes proposed to the current appeal mechanism to the Scottish Ministers, and proposed schemes of delegation.
The deadline for comments was 9 May 2008, however, the Council has been granted an extension to 29 May 2008. The full document can be accessed at:
http://www.scotland.gov.uk/Publications/2008/02/13104117/0
The consultation document provides a summary of the proposals and asks that local authorities respond to 15 questions relating to the draft regulations contained within it.
The report links to the Administration’s corporate objectives for the Highland Council contained in the Programme for the Administration, that the Administration will be vigilant in protecting our environment.
The Committee is asked to welcome the consultation and agree that the Council’s response to the 15 questions be as set out in the report.
11. DEFRA Consultation: Draft UK Marine Bill
There is circulated Report No. Ped-37-08 dated 19 May 2008 by the Director of Planning and Development introducing a consultation by the Department for Environment, Food and Rural Affairs (DEFRA) on a draft UK Marine Bill, on which comments are sought by 26 June 2008. The full document can be accessed at:
www.defra.gov.uk/marine/legislation/index.htm
An executive summary of the draft Bill can be found at Appendix 1 and a draft Highland Council response is attached at Appendix 4 for consideration and approval. The paper also introduces a recently signed Cross Party Agreement to work jointly and co-operatively during the term of the Council to promote the recommendations of the Crown Estate Review Group report: “New Opportunities for Public Benefit”. The Committee is invited to approve the Cross Party Agreement, (Appendix 3 refers).
The report also informs the Committee of the Scottish Parliament’s motion, passed unanimously on 20 March 2008, which, amongst other things, supported the view that Scotland should have responsibility out to 200nm as part of the Scottish Zone for marine spatial planning, fisheries and nature conservation including the network of marine protected areas, (Appendix 2 refers).
Responding to this consultation assists the Council in achieving the following Priority for Action:
- vigilance in protecting the environment
- seeking a shift in the ownership of marine resources and pressing the UK Government to conduct a full review of the Crown Estate in Scotland.
The Committee is asked to:
i. consider and approve a response to the draft UK Marine Bill, as proposed in Appendix 4, which:
- re-states Council support for a Scottish Marine Management Organisation with a wide range of devolved powers;
- seeks devolution of the administration of Scotland’s seabed and associated marine rights, part of the Crown Estate in Scotland; and
- supports the related motion recently agreed by the Scottish Parliament, attached at Appendix 2; and
ii. approve the Cross Party Agreement to work jointly and co-operatively during the term of the Council to promote the recommendations of the Crown Estate Review Working Group report: “New Opportunities for Public Benefit”.
12. Historic Scotland Consultation – The Scottish Historic Environment Policy on the Marine Historic Environment
There is circulated Report No. Ped-38-08 dated 19 May by the Director of Planning and Development introducing a public consultation on the Marine Historic Environment. Proposals for Scottish Ministers’ policy on the marine historic environment and for new legislation to protect the marine historic environment are attached at Appendix 1. The full consultation document is available at:
http://www.historic-scotland.gov.uk/index/consultations/currentconsultations.htm
and copies are available in the Members’ library. A response is sought by 30 May 2008.
The report links to the Administration’s Corporate Objectives for the Highland Council contained in the Programme for the Administration:
- vigilance in protecting the environment.
The Committee is asked to consider the draft response attached at Appendix 2 and to approve the response subject to any additional points Members wish to add.
13. Fort William Waterfront and Town Centre Urban Design and Action Plan – Consultants’ Brief
There is circulated Report No. Ped-39-08 dated 19 May 2008 by the Director of Planning and Development referring to a draft Consultants’ Brief as the basis for a “Fort William Waterfront and Town Centre: Urban Design Strategy and Action Plan”. Committee approval is sought to conclude discussion with the potential co-sponsors Highland and Islands Enterprise, British Waterways and the Crown Estate, and, subject to their participation and agreement, invite proposals for a commission from Consultants. The commission is expected to extend over approximately six months and include Strategic Environmental Assessment and engagement with local community and business groups. The Committee is asked to agree that a Working Group of two Members each from Wards 12 and 22 and the Chairmen of the Planning, Environment & Development and the Technical, Environmental and Community Services Committees be established for the purposes of appointment stage reporting.
The commission will contribute towards the Administration’s priorities for Sustainable Communities and Improved Transport and Connectivity and fulfils a Council resolution of 25 October 2007.
The Committee is asked to:
i. agree the attached Draft Brief as a basis for a Fort William Waterfront and Town Centre: Urban Design Strategy and Action Plan and that this be concluded subject to discussion with the Council’s partners; and
ii. appoint two Members each from Ward 12 Caol and Mallaig, and the Ward 22 Fort William and Ardnamurchan Members, and the Chairmen of the Planning, Environment and Development and Technical, Environmental and Community Committees, as the Council’s representation as part of the Working Group for the commission, with officials of the Planning and Development Service and representatives of the co-sponsors involved.
14. Spatial Planning Framework for Onshore Wind Energy Developments
There is circulated Report No. Ped-40-08 dated 16 May 2008 by the Director of Planning and Development reminding Members that the Highland Renewable Energy Strategy and Planning Guidelines document (HRES) was approved by the Council in May 2006 as supplementary planning guidance (SPG). However, Scottish Planning Policy 6, “Renewable Energy”, issued in March 2007, set out a specific methodology for planning for onshore wind energy developments which differed from the HRES approach. As all local planning authorities have been instructed to implement this as a matter of urgency, there is therefore a need to develop some new SPG for such developments, in order to provide a sound basis for making decisions on planning applications. The new guidance will effectively review and replace the relevant part of the HRES. The report outlines the scope of the work required and recommends that it be formally started.
Progressing this work will assist towards achieving the Programme for the Administration, especially under the theme of “A Clean Environment”, being vigilant in protecting out environment, and in particular the wish to see by 2010, a total of 1280 megawatt installed capacity in suitable locations in Highland as part of the implementation of the Council’s Renewable Energy Strategy.
The Committee is asked to agree that:
i. the part of the Highland Renewable Energy Strategy and Planning Guidelines dealing with onshore wind energy be reviewed and replaced by non-statutory supplementary planning guidance, which will be incorporated into the development plan in due course; and
ii. draft supplementary planning guidance be reported to the Committee at its meeting on 24 September 2008, for consideration for public consultation purposes.
15. Draft Highland Access Strategy 2008 – 2011
There is circulated Report No. Ped-41-08 dated 14 May 2008 by the Director of Planning and Development briefly introducing the Highland Access Strategy 20008 – 2011 and seeking Committee approval to conduct further consultation, allied to Strategic Environmental Assessment, and following which to publish the final Strategy. Copies of the updated draft strategy can be found at:
/leisureandtourism/what-to-see/countrysideaccess/accessstrategy.htm
and are also available in the Members’ lounge.
The Highland Access Strategy 2008 – 2011 contributes towards the following priorities for the Administration:
- encouraging more healthy and environmentally friendly options such as “walk to school” pathways, safety support and safe cycle tracks
- health improvement in the Highlands and increasing opportunities to take exercise
- reducing carbon emissions.
The Committee is asked to:
i. note the amended and updated draft Highland Access Strategy 2008 – 2011;
ii. approve further, eight week consultation with the accompanying Environmental Report; and
iii. approve publication of the Highland Access Strategy 2008 – 2011, incorporating any minor amendments resulting from consultation.
16. Extension of the Length of Appointment of Local Access Forum Members
There is circulated Report No. Ped-42-08 dated 19 May 2008 by the Director of Planning and Development seeking authority to extend the length of appointment of persons nominated to the six Local Access Fora in Highland from the present three year period until such time as Scottish Ministers authorise the Highland Council to adopt its Core Path Plans.
17. Core Path Plans – Caithness and Sutherland
There are circulated Report Numbers Ped-43-08 and Ped-44-08 dated 19 May 2008 by the Director of Planning and Development updating Members on progress with the Caithness and Sutherland Core Path Plans respectively. The reports describe the consultation processes adopted and the Core Paths’ fit with Council priorities for action.
The Core Path Plans and the consultation processes adopted in drafting them contribute towards the achievement of a number of the Council’s priorities for action, including:
• health improvement in the Highlands
• encouraging “walk to school” pathways and safe cycle tracks
• increasing the standard of living in the Highlands
• adopting national standards of community engagement
The Committee is asked to consider and approve the Core Path Plans for Caithness and Sutherland for submission to the Scottish Ministers.
18. Highland Opportunity Limited
There is circulated Report No. Ped-45-08 dated 19 May 2008 by the Director of Planning and Development bringing Members up to date with the performance of Highland Opportunity Limited (HOL), against a range of agreed targets set by the Council as part of the 2007/08 contract it holds with HOL to deliver business development services. Support for HOL fits with the Policy for the Administration’s aim to “work with the Scottish Government, the business community, Highlands and Islands Enterprise and other statutory development bodies to develop services and infrastructure that reflect the needs of Highland businesses and create employment opportunities”.
The Committee is asked to:
i. note the performance of Highland Opportunity Limited against the targets set out for it in financial year 2007/08;
ii. approve the proposed renewal of the contract as detailed at paragraph 3.1 for the delivery of Business Development Services by HOL; and
iii. agree to retain existing targets for service delivery as listed in Section 2.2.
19. Vacant and Derelict Land Fund
There is circulated Report No. Ped-46-08 dated 20 May 2008 by the Director of Planning and Development informing Members that on 28 April 2008 the Scottish Government advised the Highland Council that it had been allocated £4.5m over a three year period from the Vacant and Derelict Land Fund. In order to access this fund, the Scottish Government required the Council to submit a Draft Delivery Plan by 19 May 2008, for appraisal and finalisation prior to formal Ministerial approval of the award in mid-June 2008.
The use of this Fund will contribute to the Administration’s commitment to “work for the increased prosperity and wellbeing of people living and working in Highland”, and in particular the priorities for Sustainable Communities and A Planned Culture of Growth.
The Director of Planning and Development, in consultation with the Convener, Vice Convener, Chairs and Vice Chairs of the Planning Environment and Development and Resources Committees, and the Directors of Transport, Environmental and Community Services, Housing and Property and Finance, compiled a 3 year delivery plan listing the Council’s proposed projects, and submitted this to the Scottish Government ahead of the deadline. The proposed projects are listed in Appendix 1.
The Committee is asked to welcome the allocation of £4.5m of grant from the Vacant and Derelict Land Fund and to homologate the draft Delivery Plan 2008 – 2011 as submitted to the Scottish Government.
20. Proposed Article 4 Direction – Structural Landscaping Areas, Achnagonalin Industrial Estate, Grantown on Spey
There is circulated Report No. Ped-47-08 dated 19 May 2008 by the Director of Planning and Development recommending that the Council take steps to protect visual amenity around Achnagonalin Industrial Estate at Grantown on Spey. The industrial estate is bordered for some 500m by the Speyside Way,and is also visible from the A95 and B970, both of which are major tourist routes. The report sets out the background as to why this action is required, and considers the various options open to the Council, including the introduction of a requirement for planning permission for all fencing (normally fencing less than 2 meters in height and sited more than 20m from roads is exempt from planning permission requirements under Schedule 1 of Class 7 of the General Permitted Development Order 1992), and a tree preservation order.
The report links to the delivery of the Administration’s Corporate Objectives for the Highland Council as set out in the Programme for the Administration by seeking improvements to the environment of our communities, the health and safety of our residents and pursuit of best value.
The Committee is asked to:
i. agree to promote an Article 4 Direction withdrawing Class 7 Permitted Development rights be made in relation to all areas at Achnagonalin Industrial Estate outwith the approved development boundaries;
ii. agree that consultation be held with the relevant parties to allow representations which will be considered by the Committee before the Direction is submitted to Ministers for confirmation; and
iii. approve a Provisional Tree Preservation Order in relation to the wooded areas forming part of the peripheral structural landscaping at Achnagonalin Industrial Estate, with confirmation of the Order to be subject to consideration by the Committee of any comments or objections.
21. Committee of Inquiry on Crofting – Final Report
There is circulated Report No. Ped-48-08 dated 19 May 2008 by the Director of Planning and Development advising that the Committee of Inquiry on Crofting has concluded its evidence gathering phase, has published a vision for the future of crofting and has now published its final report to Ministers. The full report can be found at: www.croftinginquiry.org.
It is suggested that the implementation of the Committee of Inquiry final report recommendations could contribute to achievement of the following Council priorities:
• vigilance in protecting the environment
• supporting enterprise and accelerating economic growth
• pursuing initiatives supporting local produce and products
• maximising the benefit of European funding programmes
• increasing the prosperity and wellbeing of people in the Highlands
• developing tourism and specialised sporting facilities
The Committee is asked to:
i. consider the recommendations of the Committee of Inquiry on Crofting; and
ii. agree to write to the Minister for the Environment, Michael Russell, welcoming the final report and indicating that the Council looks forward to working with the Minister towards implementing the various recommendations made by the Committee of Inquiry.
22. MIPIM Property Conference
There is circulated Report No. Ped-49-08 dated 14 May 2008 by the Inverness City Manager and Highland and Islands Enterprise (HIE) advising that, following Council approval, the Provost of Inverness, the Inverness City Manager and two colleagues from HIE attended the MIPIM Conference (Marché International des Professionels des I’Immobilier – The International Market for Property Professionals) in Cannes on 11-14 March 2008. The report summarises:
• the strategy of having all six Scottish Cities represented at the conference, and how successful this was
• the reception for Scotland and in particular of Inverness and the Highlands
• the successful contacts made, in which particular field
• future attendance.
The Committee is asked to:
i. agree that:
• contacts made from MIPIM 2008 continue to be pursued;
• an approach be made to HIE with a view to continuing a working partnership at future MIPIM conferences; and
• work be progressed with the other five Scottish City Councils and Scottish Development International with regard to developing sustainable partnerships; and
ii. note that future reports will be passed to the Committee on appropriate occasions.
23. Inverness Architectural Association – Design Awards
There is circulated Report No. Ped-50-08 dated 21 May 2008 by the Director of Planning and Development advising that Highland Council has aspirations to improve the design and layout of new development. This aspiration, which will in due course be enshrined in development plan policy, needs to be given full and proper publicity. The Inverness Architects Association embarked upon its Design Awards Scheme, announcing it and gaining significant media coverage on 7 March 2008 at the Culloden Visitor Centre.
The Highland Council has for some time been interested in promoting the Design Awards Scheme but it has felt that there may not be capacity in respect of media coverage or public interest for a further award scheme in the Highlands and Islands. The Head of Planning and Building Standards has been in discussion with the Inverness Architects Association to see if the aspirations of both the Association and the Council can be joined or run in parallel.
It is recommended that to promote the aspirations of improving design and layout for all forms of development, the Highland Council sponsors the Inverness Architects Association Award Scheme at a cost of £7,500 for 2008. The Award Scheme will cover a series of local events comprising public exhibitions and local award ceremonies to be held in a number of areas including Caithness and Sutherland, Skye & Lochalsh, Wester Ross and Lochaber, Inverness and Easter Ross, and Nairn, Badenoch & Strathspey.
The Committee is asked to:
i. approve the Council’s sponsorship of the Inverness Architects Association Award Scheme at a cost of £7,500; and
ii. note that a further report will be presented to the Committee on the conclusion of the Awards Scheme in November 2008.
24. Dounreay Invitation to Visit
The Chairman will speak to this item.