Minutes of Meeting of the Planning, Environment and Development Committee held in Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Wednesday, 13 August 2008 at 10.30a.m.
Present:
Mr I Ross, Mrs I McCallum, Mr G Farlow, Mr D MacKay, Mr W MacKay, Mr M Rattray, Mr R Durham, Mr A Torrance, Mr D Chisholm, Mr B Barclay, Mr B Clark, Mr E Hunter, Mrs H Carmichael, Mr D Hendry, Ms P Munro, Mr D Henderson, Mr I Brown, Mr J Gray, Ms G Sinclair, Mr J Crawford, Mr T Prag, Mr S Park (ex officio), Dr M Foxley (ex officio)
Non Members also Present:
Ms L Munro, Mr R Rowantree, Mr J Rosie, Mr G Smith, Mrs I Campbell, Mr R Greene, Mrs M Smith , Dr D Alston, Mr J Laing, Mrs M Davidson, Mr H Wood, Miss J Campbell, Mr D Kerr, Mrs L MacDonald
Officials in attendance:
Mr S Black, Director of Planning and Development
Mr R Hartland, Head of Planning and Building Standards
Mr G Robson, Head of Environment and Development
Mr M MacLeod, Development Plans Manager
Mr A McCann, Economy and Regeneration Manager
Mr G Hamilton, Countryside, Heritage and Natural Resources Manager
Mr C Simpson, Tourism Co-ordinator
Ms H Cunningham, Planning Research Officer
Mr A Maguire, Head of Housing Development and Estates, Housing and Social Work Service
Mrs R Moir, Principal Administrator
Mrs L Lee, Committee Administrator
Mrs C Nicoll, Administrative Assistant
In attendance:
Mr S Robertson, Head of Regional Infrastructure, Highlands and Islands Enterprise (for item 9)
Mr I Ross in the Chair
Business
1. Apology for Absence
An apology for absence was intimated on behalf of Mr J Holden.
2. Preliminaries
Following his appointment as Chairman of the Committee at the Special Council meeting on 1 August 2008, Mr I Ross thanked the previous Chairman, Mr D Hendry, for his work during his period of office. In response, Mr Hendry wished Mr Ross well in his new role.
3. Fortrose Academy Young Enterprise Scotland – European Success
With reference to the presentation made to the Committee on 28 May 2008 by pupils from Fortrose Academy, UK and Scottish national winners of this year’s Young Enterprise Company Programme competition, the Chairman announced that the pupils had recently competed in the European Young Company of the Year event held in Stockholm, where they had received the first ever FedEx Global Impact Award.
Members congratulated the pupils on this achievement and NOTED the success.
4. Recess Powers
Declaration of Interest:
Given his involvement in the agriculture sector, Mr A Torrance declared a financial interest in relation to the response to consultation (i) below, but, given that the Council’s response had already been submitted under recess powers, remained in the room.
The Committee NOTED that, under the Recess Powers granted by the Council at its meeting on 26 June 2008, responses to the following consultations had been submitted by the Director of Planning and Development:
i. European Commission consultation on the Review of the Less Favoured Areas Scheme (deadline for comments 20 June 2008);
ii. Scottish Government consultation on the European Fisheries Fund – UK
Operational Programming (deadline for comments 27 June 2008);
iii.Scottish Historic Environment Policy (SHEP) consultation on Historic
Battlefields (deadline for comments 31 July 2008); and
iv. EventScotland Consultation on “Scotland’s new Events Strategy - the
Perfect Stage” (deadline 18 July 2008).
5. Launch of Historic Environment Record Website
The Chairman announced the launch of the Council’s Historic Environment Record website, an on-line catalogue of historic sites in Highland, for use by staff, developers and the public. The Website had been developed by the Planning and Development Service, assisted by funding from Historic Scotland.
The Committee welcomed the development, and, comment having been made as to the importance of updating the website on an ongoing basis, NOTED the position.
6. Tourism Project Group
i. Membership and Remit of Group
There had been circulated Report No.Ped 51-08 dated 31 July 2008 by the Director of Planning and Development recommending changes to the composition of the Tourism Project Group, to ensure both cross-party and cross-service representation, and clarifying the Group’s remit.
The Tourism Co-ordinator summarised the main points of the report. The former Chairman of the Group, Mr D Hendry, stressed the importance of continued cross-service working, particularly in light of the aims of the Single Outcome Agreement.
Under the current structure, the Group included one Member from each of the Education, Culture and Sport (ECS) and Transport, Environmental and Community Services (TECS) Committees. The ECS Committee had recently confirmed its previous appointment of Mrs J Douglas (Independent). The TECS Committee had previously appointed its Vice Chair to the Group; this position was now held by Mr B Murphy (Labour).
The Committee NOTED the position and AGREED:
i. to change the composition of the Tourism Project Group to eight Members
appointed in accordance with political balance, and to appoint the following
six Members from the Committee:
- (Independent) Mrs I McCallum, Mrs H Carmichael
- (Lib Dem) Mr I Ross, Mr T Prag
- (SNP) Mr A Hendry, Mr A Torrance
ii. to continue to include one Member from the Education, Culture and Sport
Committee (Ms J Douglas) and one from the TECS Committee (the Vice
Chairman); and
iii.to extend the remit of the Group to include monitoring of the Partnership
Agreement with VisitScotland and the Council’s Tourism Development
budget.
ii. Minutes of Tourism Project Group Meeting: 24 June 2008
There had been circulated Minutes of Meeting of the Tourism Project Group held on 24 June 2008. Mr D Hendry having drawn particular attention to the importance of (i) sustainable public transport which met a variety of tourism needs and (ii) the importance of the Council supporting the tourism industry in the current uncertain economic climate, the Committee APPROVED the Minutes, including the Project Group’s recommendations in relation to:
Item 3: Tourism Priorities in the Highlands
i. that the Council convey to other tourist organisations in the area that it
wished to contribute to the planning and design stages of future market
research; and
iv.that the Council consult local transport companies with a view to providing
a suitably enhanced and sustainable transport network for the Highlands
Item 4: Highland 2007 Legacy
i. that the Council commence work on developing an events and festival
strategy for the Highlands; and
Item 5: Tourism Seminar – late November/early December 2008
i. that the topics outlined in the discussions minuted under this item be
considered for inclusion in the programme of business for the Tourism
Seminar
7. Land, Environment and Sustainability Strategy Group
Members had been advised that it was proposed that a Land, Environment and Sustainability Strategy Group (LESSG) be established, which would report to the full Council. While a number of Members indicated a wish to enter into discussion on the issue, the Chairman ruled that the appropriate forum for consideration of matters pertaining to the new Strategy Group was the full Council rather than the Committee.
The Committee NOTED that:
i. a report on the proposed Land, Environment and Sustainability Strategy
Group (LESSG) would be presented to Council at its meeting on 4
September 2008;
ii. it was proposed that the Strategy Group would absorb the remit and
workload of the present Natural Resources Working Group; and
iii. the schedule of future meetings of the Natural Resources Working Group
had been cancelled.
8. Membership of Inner Moray Firth Ports and Sites Strategy Working Group
The Committee AGREED that Mr I Ross (Liberal Democrat) take the place of Mr T Prag (Liberal Democrat) on the Inner Moray Firth Ports and Sites Strategy Working Group.
9. Presentation on the Provision of Broadband in Highland
At the meeting on 19 March 2008, it had been agreed that a report be brought to a future meeting on the provision of Broadband in the Highlands. In this regard a presentation was given by Mr Stuart Robertson, Head of Regional Infrastructure for Highlands and Islands Enterprise (HIE), during which he drew attention to a number of points, including:
- of the 176 telephone exchanges in the Highland area, 129 had full ASDL – only 1,200 customers were registered as being out of broadband reach (less than 1% of the population)
- an “infill” project had been announced in June 2008 which would be rolled out over the coming 6 months, with £3.3m from the Government to provide basic broadband through wireless or satellite – this would provide the majority of remote customers with some access to broadband
- levels of demand for broadband in the Highlands had been demonstrated to be high – this helped encourage the industry to invest in the area and there appeared to be scope for growth in the business sector in particular
- the main cause of broadband bottleneck was British Telecom’s (BT) copper network, which did not have the capacity to carry the amount of information required by broadband – the ideal solution was to replace the copper network with fibre optic cable, but this was expensive to install. BT had recently announced a £1.5bn programme to provide fibre optic cable to 40% of the UK population by 2012 – it was understood that at present none of this had been earmarked for Highland, although it would be possible to try to influence BT’s decisions in this regard
- provision of Broadband under the “Pathfinder North” scheme involved the private lease of a line by the Council – it was difficult to extend this facility to homes and businesses
- reliance on market forces for the provision of broadband infrastructure meant that the Highlands would in practice tend to be last in line when it came to telecoms improvements.
In discussion Members commented that:
- broadband was a fundamental part of modern infrastructure
- previous investment in telecommunications had brought incalculable benefits to the Highlands, including call centre employment and the University of the Highlands and Islands
- faster broadband was very important to the Highlands, with the potential for future developments such as monitoring of an individual’s health at home
- there were places as little as 3 miles from Inverness which were unable to obtain broadband
- the Highlands had been among the last places to receive electricity and it was unfair that this should be repeated for broadband
- it was unlikely that broadband would be provided fully in Highland if this provision were left to market forces – a five year lag was unacceptable
- a national co-ordinated approach to the provision of broadband was required – Highland Council and HIE should work together to campaign for improvements
- there was potential for HIE and the Council to work together to support new ideas, which could be piloted in the Highlands.
The Committee AGREED:
i. in view of (a) the crucial economic and social importance of broadband to
the remoter parts of the Highlands, broadband being now as fundamental a
form of infrastructure as roads and electricity, and (b) the likelihood that
market forces alone would not deliver affordable and effective broadband
throughout the Highlands, to recommend that the Council lobby the
Scottish Government to take immediate steps to address this; and
ii.that the Scottish Director of British Telecom be invited to make a
presentation to a future Committee.
10. Revenue Expenditure Outturn 2007/08
There had been circulated Report No. Ped 52-08 dated 4 August 2008 by the Director of Planning and Development outlining the final outturn/variance for Revenue Expenditure for 2007/08.
The position was NOTED.
11. Revenue Expenditure Monitoring 2008/09
There had been circulated Report No. Ped-53-08 dated 16 July 2008 by the Director of Planning and Development setting out the revenue monitoring position for the period to 30 June 2008 and the projected year-end position.
The Committee NOTED that:
i. the “credit crunch” was causing a reduction in building activity, which had led
to a corresponding decrease in income from fees, with the result that the
year-end outturn currently indicated an over-spend of around £200k; and
ii. the position would be kept under close scrutiny and action taken to try to
bring the budget in on target.
The Committee also AGREED the management action as proposed in paragraph 2.3 of the report.
12. Capital Expenditure Outturn 2007/08
There had been circulated Report No. Ped 54-08 dated 4 August 2008 by the Director of Planning and Development outlining the variance/outturn for the Year 2007/08 Capital Programme.
The position was NOTED.
13. Capital Expenditure Monitoring 2008/09
There had been circulated Report No. Ped 55-08 dated 5 August 2008 by the Director of Planning and Development outlining the expenditure and income to 30 June 2008 for the 2008/09 capital programme and the estimated year-end net outturn. The report indicated that the estimated outturn was slightly above the Programme budget; however, it was anticipated that, as projects progressed through the year and were subject to alteration, the final outturn would be on budget.
The Committee NOTED the position.
14. Capital Programme 2008/09 – 2011/12
There had been circulated Report No. Ped 56-08 dated 5 August 2008 by the Director of Planning and Development setting out a proposed Capital Plan for the period 2008/09 to 2011/12, taking account of the indicative allocations agreed by the Council on 26 June 2008. A revised Capital Programme would be considered by the Council on 4 September, following consideration by Strategic Committees.
During discussion, the importance of communication with Local Members and communities was stressed, together with the need for flexibility within the Programme, in order that joint working could take place as and when local project opportunities arose.
The Committee NOTED (i) the content of the report and (ii) that in some instances, where projects involved a housing element, funding might also be available from the Housing Revenue Account; and AGREED the proposed capital programme, which would then be considered by the Council on 4 September 2008.
15. Audit Scotland Statutory Performance Indicators First Quarterly Review
There had ben circulated Report No. Ped 57-08 dated 31 July 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 first quarter of 2008/09, with comparative figures for previous years. 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.
The Head of Planning and Building Standards drew attention to the impact of the “credit crunch”, which had seen a 17% decrease in the number of planning applications (a 5% decrease in fee income) and a 21% decrease in the number of building warrant applications (a 15% decrease in income), and advised that the follow-up audit by the Scottish Building Standards Agency was to take place in the near future.
In response to a question raised relating to the time taken to obtain responses to planning applications from Council Services and other consultees, he advised that liaison between Council Services was currently being looked at and was improving. However, 30% of planning applications were not adequately submitted.
Following discussion, and having paid tribute to the efforts of Building Standards staff and recognised the output and efforts of the Policy Team, the Committee NOTED:
i. the current position in respect of the performance of the Planning and
Building Standards functions;
ii. the improvement in performance, while acknowledging the impact of the
“credit crunch” on the workload of the Service;
iii. that a report on the outcome of the Scottish Building Standards Agency’s
follow-up audit would be brought to the Committee in due course; and
iv. that a report reviewing the provision of Open Space in housing
developments would be brought to the Committee on 24 September
2008.
16. Business Gateway
There had been circulated Report No. Ped 58-08 dated 5 August 2008 by the Director of Planning and Development providing an update on ongoing developments with the transfer of the Business Gateway function to Highland Council.
Members having stressed the importance of ensuring that the Council received adequate funding to provide this service, the Committee NOTED the current position and AGREED that:
i. a further report be presented to the Committee to determine how the
Council should deliver the Highland Business Gateway Service; and
ii. a briefing on Highlands and Islands Enterprise’s review of its structure and
functions be prepared and circulated to Members.
17. Draft Supplementary Planning Guidance on Houses in Multiple Occupation
There had been circulated Report No. Ped 59-08 dated 31 July 2008 by the Director of Planning and Development describing the key elements of the Draft Supplementary Planning Guidance (SPG) on Houses in Multiple Occupation (HMO). The document clarified the approach to dealing with the planning aspects of HMOs in the future. The SPG offered a range of policies to prevent the excessive concentration of HMOs in particular areas and to maintain a high standard of such properties in the Highlands.
In discussion, Members raised a number of points, including:
- wording of the document should be more inclusive – references to “those studying and working” should be extended to include the homeless and those requiring support
- the City of Inverness should not be excluded from the policy
- references to amenity should be clarified to include noise and nuisance where appropriate
- the word “detrimental” should be used with caution, as this could infer stigmatisation
- it was inequitable that Bed and Breakfast accommodation used by the Council for homeless accommodation was exempt from HMO legislation
- it had been hoped that SPP3 would clarify the respective roles of licensing and planning in relation to HMOs, but this had not happened.
Having NOTED that (i) the draft policy would be issued for consultation and account taken of comments, including views as to whether the city centre should be excluded from the Policy, (ii) the Government had indicated that a circular was shortly to be issued regarding the respective licensing and planning roles in relation to HMOs, and (iii) there would be potential in the new Policy to clarify the position of Bed and Breakfast accommodation which was in use as longer-term accommodation, the Committee AGREED that:
i. the draft Supplementary Planning Guidance be issued for public comment
subject to revisiting the use of the word “detrimental” to ensure that the
document contained no inference of stigmatisation; and
ii.the outcome of the consultation be brought back to the Committee on 19
November 2008, with a view to adopting the draft guidance as
Supplementary Planning Guidance, pending approval of the Highland Wide
Local Plan.
18. Affordable Housing – Supplementary Planning Guidance
There had been circulated Report No. Ped 60-08 dated 4 August 2008 by the Director of Planning and Development advising that there had been a number of changes to the definitions and means of delivery of affordable housing since the Affordable Housing Development Plan Policy Guideline had first been approved by the Council in 2002.
As agreed by the Committee on 23 January 2008, a consultation on the contents of the existing guidelines had been carried out and views sought on a number of Options for Change. The report detailed the outcomes of the consultation and sought approval of the revised Affordable Housing Guideline, until such time as it was reviewed through the preparation of the forthcoming Highland wide Local Development Plan.
The Development Plans Manager explained that the Highlands had a very successful policy for the provision of affordable housing, but that it was felt that some issues would benefit from further consideration. A variety of responses to the consultation had been received. The Council’s Strategic Housing Need Assessment was also in the process of revision and this, together with the revised Affordable Housing Policy, would inform the Highland-wide Development Plan. It was hoped that work on the Highland-wide Development Plan would commence early in the New Year, as soon as the regulations under the Planning (Scotland) Act 2006 relating to Local Development Plans were implemented, and that the proposed Highland-wide Plan, whilst not fully adopted, would have status by the end of 2009.
During discussion, Members raised a number of points, including:
- the affordable housing contribution threshold of 4 houses should apply across the Highlands
- the 25% developer contribution should be a minimum
- the policy should ensure that incremental development contributed to affordable housing
- affordable housing must be built to the same standards as private housing
- it was disappointing that the implementation of the policy as a whole would require to be delayed pending the introduction of the Highland-wide Development Plan.
Clarification was given that the exemption of housing for the elderly from the affordable housing requirements depended on the level of care provided. Such applications were considered on their own merits, in consultation with the Social Work Service, but, as a guide, properties registered with the Care Commission were likely to be exempt.
The Head of Housing Development and Estates provided further information on the options around discounted serviced plots.
Having NOTED that a further report would be submitted towards the end of the year, the Committee AGREED:
i. in respect of Option for Change 1: that the lower threshold of 4 or more
units apply to the areas covered by the adopted Wester Ross Local Plan
area
and the emerging West Highland & Islands and Sutherland Local Plans; the
existing 10 house threshold remain in force outwith these areas; and the
appropriateness of the lower threshold be established through the
preparation of the Highland wide Local Development Plan and the Strategic
Housing Needs and Demand Assessment;
ii. in respect of Option for Change 2: that on developments where lower than
average density levels were pursued, avoiding the relevant affordable
housing contribution threshold, a contribution be sought through
negotiation and pre-application discussions;
iii in respect of Option for Change 3: that the 25% contribution benchmark
be maintained and the review of areas where there was to be a higher
percentage contribution be established through the preparation of the
Highland-wide Local Development Plan and the Strategic Housing Needs and
Demand Assessment;
iv. in respect of Option for Change 4 and the general comments: the various
minor amendments as contained within Appendix 3 to the report;
v. the amended Affordable Housing Supplementary Planning Guidance as set
out in Appendix 2 to the report; and
vi. that this matter be returned to Committee for further discussion should
delays arise (for example in the implementation of the Development Plans
Regulations).
19. Housing Land Audit
There had been circulated Report No. Ped 61-08 dated 1 August 2008 by the Director of Planning and Development advising Members on the preparation of the Council’s Housing Land Audit. Based on responses received during the consultation period, the Audit provided an updated position on housing land within Highland, outlined the number of housing units programmed for completion between 2008 and 2012, described the key constraints affecting development and looked at past housing completions.
It was confirmed that 2,275 additional homes had been built towards the Administration’s target of 6,000 additional homes between 2008 and the end of 2011. However, it was anticipated that the “credit crunch” was likely to impact on future construction activity and the rate of build would slow over the coming months. An assurance was given that there was an adequate effective land supply to meet demand once economic conditions improved and that work was ongoing with other bodies towards alleviating constraints such as water supply etc.
Following discussion, the Committee NOTED that (i) the more regular review of Local Plans would help to address the problems arising from the non-development of land designated for housing, (ii) a report on developer contributions would be brought to the Committee before the end of the year, and (iii) it was intended to investigate through the housing land audit process how to record unoccupied/unsold properties.
The Committee also APPROVED:
i. the content of the Housing Land Audit, as reflecting the current status of
all identified housing land within Highland; and
ii. the continued preparation of a Housing Land Audit on an annual basis.
20. Highland Housing Fair
Declarations of Interest:
Having a family member employed in connection with the organisation of the Highland Housing Fair, Mr A Torrance declared a financial interest in this item and left the room.
As a Directors of Highland Housing Fair Ltd and of Highland Opportunity Ltd, Mr D Hendry and Mrs H Carmichael declared non-financial interests in this item 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.
As Directors of Highland Opportunity Ltd, Mr I Ross, Mrs I McCallum, Mr D Henderson, Mr J Gray and Mr I Brown all declared non-financial interests in this item, but, having applied the test outlined in paragraph 5.18 of the Councillors’ Code of Conduct, concluded that their interests did not preclude their involvement in the discussion.
There had been circulated Report No. Ped 62-08 dated 5 August 2008 by the Director of Planning and Development updating Members on the current situation with the proposed Highland Housing Fair.
The Committee NOTED the decision to reschedule the Highland Housing Fair to 2010 and that a further report on Member involvement and financial support for the Fair would be presented to the Committee on 24 September 2008, and AGREED that a statement be issued confirming the Council’s commitment to supporting the Fair.
21. Food and Drink in the Highlands and Islands
There had been circulated Report No. Ped 63-08 dated 5 August 2008 by the Director of Planning and Development highlighting the importance of the food and drink sector to the Highlands and Islands. It provided information on measures supporting the strategic development of this sector and, with reference to the meeting of the Committee held on 19 March 2008, advised of a Local Food Conference to be hosted by the Council in November 2008.
The Committee APPROVED Council membership of (i) the Highlands and Islands Food and Drink Forum and (ii) Scotland Food and Drink, and AGREED:
i. to appoint Mrs I McCallum as the Council’s representative on the Highlands
and Islands Food and Drink Forum;
ii. to invite Scotland Food and Drink to present its role and objectives to a
future meeting of either the PED Committee or the Land, Environment and
Sustainability Strategy Group; and
iii. that a further report be brought to Committee on how the Council might
further engage in the strategic development of the food and drink sector in
the Highlands.
22. Core Path Plans – Ross & Cromarty and Lochaber
There had been circulated Report Nos. Ped 64-08 and Ped 65-08 dated 5 August 2008 by the Director of Planning and Development updating Members on progress with the Ross & Cromarty and Lochaber Core Path Plans respectively. The reports described the consultation processes adopted and the Core Paths’ fit with Council priorities for action.
In response to a question, Members were advised that safety around schools took precedence over access rights through school grounds and that any queries in this regard should be brought to the attention of the Council’s Access Officers.
The Committee NOTED that it was intended to bring a report on the Core Path Plan for Inverness, Badenoch and Strathspey to the Committee on 24 September 2008, and APPROVED the Core Path Plans for Ross & Cromarty and for Lochaber for submission to the Scottish Ministers.
23. Scottish Government Consultation: Safeguarding Our fishing Rights – the Future of Quota Management and Licensing in Scotland
There had been circulated Report No. Ped 66-08 dated 6 August 2008 by the Director of Planning and Development introducing a Scottish Government consultation on the future of quota management and licensing in Scotland.
The Committee APPROVED the response as set out at Appendix 2 to the report, subject to additional emphasis being placed on working with others whilst retaining Highland quotas.
24. Scottish Government Consultation: Future Implementation of the Common Agricultural Policy in Scotland
Declarations of Interest:
Given their involvement in the agriculture sector, Mr J Laing and Mr B Barclay both declared financial interests in this item and left the room.
There had been circulated Report No. Ped 67-08 dated 5 August 2008 by the Director of Planning and Development introducing a Scottish Government consultation on the European Commission’s recently published proposals for a “Health Check” of the 2003 Common Agricultural Policy (CAP) reform and setting out a draft response for consideration and approval. As further significant change could be expected from 2014 onwards, the draft response considered the longer term view beyond 2014 as well as the specific questions asked.
The Committee APPROVED the draft Highland Council response attached at Appendix 1 to the report, subject to emphasis being added to the response to question 5 of the consultation, relating to decoupling support, by inclusion of the facts contained in sections 2 and 3 of the report, as these substantiated the Council’s views; and AGREED:
i. to seek further opportunities to engage with the Scottish Government on
the implementation of emerging changes to CAP support; and
ii. that the Council’s response also be brought to the attention of the UK and
European Governments, in particular to Alyn Smith MEP, with the request
that the Council’s concerns be taken forward.
The meeting ended at 1.40 p.m.