Minutes of Meeting of the Planning, Environment and Development Committee held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Wednesday, 19 November 2008 at 10.30 a.m.
Present:
Mr I Ross; Mrs I McCallum; Mr G Farlow; Mr D MacKay; Mr M Rattray; Mr R Durham; Mr D Chisholm; Mr B Clark Mr E Hunter ; Mrs H Carmichael; Mr D Hendry; Mrs P Munro; Mr D Henderson; Mr I Brown; Ms G Sinclair; Mr T Prag
Non-Members also present:
Ms L Munro; Mr G Smith; Mr D Flear; Mr J McGillivray; Mrs M Smith; Mr A Rhind;
Mrs M Paterson; Mr J Laing; Mr D Kerr; Mr D Fallows
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 S Hindson, Graduate Planner
Ms A Hackett, Project Officer
Mrs S Lunn, Business Support Manager
Mrs R Moir, Principal Administrator
Mrs L Lee, Committee Administrator
Also in attendance:
Mr K Campbell, Director, Kit Campbell Associates (Item 7)
Mr D Owen, Company Manager, Highland Opportunity Ltd (Item 12)
Mr I Ross in the Chair
An asterisk in the margin denotes a recommendation to the Council.
All decisions with no marking in the margin are delegated to the Committtee
1. Apologies for Absence
Apologies for absence were intimated on behalf of Mr W MacKay, Mr R Durham (OCB), Mr J Gray (OCB), Mrs G Sinclair and Mr A Torrance.
2. Preliminaries
The Committee NOTED:
i. the success of the Planning and Development Service in the recent
Highland Council Quality Awards, the Development Plans team having
won the Community Engagement and Local Democracy Category for a
project promoting youth engagement at Glen Urquhart, and projects on
Access in Lochaber and the Great Glen Way having also been
commended; and
ii. that the Nigg Development Masterplan had been published the previous
day and would be issued for consultation the following week.
3. Revenue Expenditure Monitoring 2008/09
There had been circulated Report No. Ped-80-08 dated 6 November 2008 by the Director of Planning and Development setting out the revenue monitoring position for the period to 30 September 2008 and the projected year end position.
Members were advised that figures to 31 October 2008 indicated that the projected year end fee income deficit was widening, and was now estimated at £943,000. Expenditure on Public Local Inquiries (PLI) was also higher than anticipated and the use of consultants to support the Building Standards service had used up savings from staff vacancies in that Service. However, some savings had been found within other parts of the budget, e.g. from staffing, access paths maintenance and fishery grants, and any further savings opportunities arising during the remainder of the year would be taken. The anticipated net outturn was therefore an overspend of £724,000.
Comments raised in discussion included:
- the Service had an important role to play in addressing the economic downturn; it had also to meet its statutory obligations, become more customer focussed and extend its enforcement activities
- the Planning and Development Service was the only Council Service expected to fund a significant part of its operations through an income stream over which it had no control; it was suggested that the Council’s earlier decision to fund the Service in this way be reviewed, as there could be benefits to the Service in having a designated budget separate from fee income
- Members of Planning Applications and Review Committees, whilst fulfilling their democratic role, needed to be fully aware of the consequences of their decisions in costs terms where these were taken to Public Local Inquiry.
In this latter regard, the Director advised that lobbying was ongoing to encourage the Scottish Government to consider dealing with appeals against planning decisions for smaller applications through an informal hearing process or by written submissions, rather than through a full PLI. He also gave an assurance that recruitment to fill the staffing vacancies in the Area Building Standards and Planning Offices would continue.
The Committee NOTED:
i. the report and the updated revenue budget position;
ii. that a report for the financial year would be brought to Committee on
an annual basis showing the Council’s record on planning appeals,
including the consistency of decision making and any costs arising from
the decision making process; and
iii. that further information would be reported to the Committee on actions
being taken by the Service to address the implications of the changed
economic conditions, the reduction in fee income and the impact of the
Planning (Scotland) Act 2006.
The Committee AGREED the proposed management action as set out in the report.
4. Capital Expenditure Monitoring 2008/09
There had been circulated Report No. Ped-81-08 dated 4 November 2008 by the Director of Planning and Development outlining the expenditure and income to 30 September 2008 for the year 2008/09 capital programme and the projected year end position.
Members were advised that updated figures to 31 October 2008 showed that gross expenditure had risen to £258,000, and that the projected year-end position was expected to be slightly below budget. A fuller picture would be presented to the Committee in January 2009, as projects moved nearer to completion.
The Committee NOTED the report and updated capital position.
5. Audit Scotland Statutory Performance Indicators – Second
Quarterly Review 2008/09
There had been circulated Report No. Ped-82-08 dated 11 November 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 second 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 Members’ attention to the main points of the report, including the impact of the “credit crunch” and the improving position with regard to recruitment. Whilst figures varied between geographical areas, overall the situation with regard to reaching targets looked to be improving, with a decrease in the backlog of Building Standards applications.
Whilst welcoming the improvements, Members also drew attention to the need to continue to support the Building Standards Service, and the importance of being customer focussed and involving communities.
In response to points raised as to how objectors to planning applications were dealt with, the Head of Planning and Building Standards advised that it was not feasible to respond to every objection in detail; rather, all objections received were collated and summarised within the reports presented to the Planning Applications and Review Committees. He also confirmed that the practices of other Authorities were monitored and adopted by the Council where appropriate, and that work was ongoing with regard to improving consistency between the Council’s planning offices. E-planning would further help in this regard.
The Committee NOTED:
i. the current position in respect of workload, income and performance
and in particular the impact of the “credit crunch” on the Service; and
ii. that the development management return would, in future, also include
a “quality” indicator.
6. Business Gateway
Declarations of Interest:
As Directors of Highland Opportunity Ltd, the Chairman, Mr G Smith, Mrs I McCallum, Mrs H Carmichael, Mr D Hendry, Mr D Henderson and Mr I Brown 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.
There had been circulated Report No. Ped-83-08 dated 7 November 2008 by the Director of Planning and Development updating Members on developments with the introduction of the Business Gateway service to Highland in 2009 and seeking Committee approval for a delegated decision making process to enable negotiations and key decisions to be taken outwith the forthcoming Committee cycle.
The Economy and Regeneration Manager drew attention to the main points of the report and advised that a workshop was to be held the following week with the Scottish Government that would inform the Memorandum of Understanding for the level of service to be provided at core national level. Once this was agreed, the costs of provision of the local aspects of Business Gateway could be determined. The Council would then be able to identify the funding it required to set up and deliver the Service and bid accordingly.
Members commented that Highland Opportunity Ltd (HOL) had considerable experience in working with small businesses and business start-ups and this could be of particular benefit in the current economic climate. The Director of Planning and Development advised that other sources of funding to support business start-ups for people who had been made redundant, including funding from Europe, were being actively investigated. In response to points raised regarding the importance of a smooth transfer of the Gateway service from Highlands and Islands Enterprise (HIE), the Director gave assurances that there was close contact with HIE, and that HIE would continue to deliver the Gateway service in full until the handover date. Access to the Gateway Service would be available through Council Service Points, the internet and the Gateway contact centre.
The Committee NOTED current developments at the national, regional and local level regarding preparations for the introduction of the Business Gateway service to Highland and AGREED:
i. to delegate powers to the Chief Executive, in conjunction with the
Convener, the Leader of the Council, the Chair of the Planning,
Environment and Development Committee and the Director of Planning
and Development, to negotiate and agree the terms of the
Memorandum of Understanding, the budget transfer and the Contract
with Highland Opportunity Ltd for the delivery of the Business Gateway
service in Highland; and
ii. that Committee Members be kept informed as to progress as the
negotiations moved forward.
7. Draft Supplementary Guidance: Open Space Provision in New
Residential Development
There had been circulated Report No. Ped-84-08 dated 11 November 2008 by the Director of Planning and Development describing the key elements of a draft Supplementary Guidance on Open Space in New Residential Developments. A presentation was given by Mr Kit Campbell of Kit Campbell Associates, the consultants employed by the Council to prepare the draft Supplementary Guidance. Mr Campbell referred to the benefits of providing quality open space; the requirements for open space provision, both in terms of Scottish Government policy and as identified under the Council’s ongoing open space audit; management and maintenance issues; and the prevention of “planning loss” (for example where cumulative small developments, which did not in themselves trigger open space thresholds, placed increased pressure on existing local amenities and facilities). Links with other Council policies were highlighted, including the Highland Play Strategy, Physical Activity and Sport Strategy, core path plans and the emerging policy on the provision of allotments.
Comments raised in discussion included:
- that it was unfair that new residential developments should be expected to pay for grounds maintenance services, when these were provided by the Council in older developments
- proposals for possible retrospective application of the Guidance were welcomed
- open space within developments retained in the developer’s ownership should be made over to the residents or to the Council
- that, particularly in rural areas, it could be many years before enough houses were built to trigger provision of a play area – consideration should be given to the Council funding these facilities up-front, and being reimbursed as and when houses were built
- planning gain should not be seen as “planning obligation” – developers should not be expected to pay for everything; some facilities should be provided via the public purse
- the needs of the growing elderly population should be taken into consideration when designing open spaces.
Members were given assurances that (i) the Council’s Transport, Environmental and Community Services (TECS) were fully on board with the proposals and looking at how the Service could change its standards to meet the requirements of the Supplementary Guidance, and (ii) that efforts would be made to investigate whether the Council could front-fund open space provision where appropriate.
The Committee welcomed the proposals, NOTED (a) the information given, (b) that residents’ associations would be included in the consultation, and (c) that a list of consultees would be placed in the Members’ Library, and AGREED that:
i. the draft Supplementary Guidance be issued for public comment in early
2009, alongside the Environmental Report; and
ii. following the consultation period, the outcomes be brought back to this
Committee, with a view to adopting the draft guidance as
Supplementary Guidance, pending approval of the Highland Wide Local
Plan.
8. Supplementary Guidance: Houses in Multiple Occupation
There had been circulated Report No. Ped-85-08 dated 4 November 2008 by the Director of Planning and Development summarising responses to the consultation on the Draft Supplementary Guidance on Houses in Multiple Occupation (HMO) and proposing revised Supplementary Guidance for approval, pending the introduction of the Highland Wide Local Development Plan.
The Graduate Planner outlined the changes made to the Guidance in response to comments made during the consultation, including that, following advice from the Scottish Government, the proposed concentration threshold had been reduced to 10% rather than 12.5% as originally proposed. Despite the majority of consultees disagreeing with the proposal to exempt Inverness City Centre from the threshold, it had nonetheless been recommended that the City Centre be excluded in order to promote it as a place to live, in line with the Local Plan, with the proviso that the situation be closely monitored.
A number of comments were raised in discussion, including that
- the City Centre should be included in the concentration policy, with perhaps a higher density limit specified
- HMO legislation was primarily designed to protect those living in this kind of accommodation – the finalised Guidance should include reference to this to explain why it had been introduced
- demand for rented accommodation could be expected to increase in the current economic climate
- the Guidance should set out clearly the legitimate planning grounds for objection to proposed HMOs
- the number of residents rather than the number of residences should be used as the basis for determining the density of HMOs – a single residence could in theory have a very large number of occupants; there should be a maximum number of residents in an HMO
- there had been insufficient opportunity for Members to discuss the proposals at Ward level.
The Development Plans Manager reiterated the reasons for the exclusion of the City Centre from the concentration policy and gave a further assurance that the position would be monitored. The proposals had taken account of best practice in other areas and fitted with the Scottish Government’s policies. Close working with the Council’s Licensing officers with regard to HMOs would continue.
Having NOTED the information given, and the assurances given that the position in Inverness City Centre, which would be excluded from the 10% threshold, would be closely monitored, the Committee AGREED the proposed changes to the document as set out in Appendix 2 to the report, and APPROVED the Supplementary Guidance for use as a material planning consideration in Development Management.
9. Developer Contributions
There had been circulated Report No. Ped-86-08 dated 11 November 2008 by the Director of Planning and Development and the Director of Finance highlighting the outcomes of a recent consultants’ report commissioned by the Finance and the Planning and Development Services to carry out a health check on the Council’s current approach to developer contributions. A number of improvements to the current process were recommended in the report.
The Development Plans Manager drew attention to the main points of the report and advised that developers would not be expected to pay for all infrastructure; public funding input would continue. It was important for developers to know at the very early stages of planning what would be required of them.
In response to questions raised, he clarified that funding was available for the Administration Officer post from funds initially provided as developer contributions. The facilities for which these contributions had been received had been provided by the individual Council Services, but had subsequently not been drawn down from the developer contributions budget; the Council’s legal obligations had therefore been met. He also confirmed that the Council would front-fund facilities where appropriate.
Following discussion, Members having spoken in support of the proposals, the Committee AGREED:
i. the implementation of the recommendations of the consultants’ report;
ii. the appointment of an Administration Officer to support the Negotiations
Officer, and that this be referred to the Resources Committee;
iii. that there be continued efforts to build up the evidence base and policy
basis for developer contributions and that draft Supplementary Guidance
on Developer Contributions be brought to the Committee at its meeting
on 21 January 2009; and
iv. that discussions be undertaken with the development industry in order
to ensure that emerging policy and processes were fit for purpose and
available in the medium to long term, whilst recognising that interim
short-term measures might be appropriate.
10. Dealing with Major Planning Applications
There had been circulated Report No. Ped-87-08 dated 11 November 2008 by the Director of Planning and Development advising that the implementation of the new Planning Act required a more proactive approach to dealing with major developments. All Council Services were involved in providing advice to developers, but in the past the arrangements for this had been ad hoc. The report suggested ways in which a more corporate approach to providing such advice might be achieved, with a view to delivering improved integrated infrastructure delivery, enhanced developer contributions and efficiencies in the use of staff time, and providing a better end product. The proposals formed part of the Council’s approach to dealing with the “credit crunch” and recovery from it.
The Committee NOTED a correction to paragraph 2.1 of the report to read “50” rather than “100” houses.
Members having welcomed the proposals and commented that it was important for the Council to respond efficiently to the needs of the development industry at all times, but particularly during difficult economic conditions, the Committee AGREED:
i. the implementation of an improved business process for providing advice
to major developers;
ii. that the Major Developments Guidance, as attached to the report, be
referred to the development industry and relevant agencies for
comment and thereafter be published as a statement of the Council’s
intent with regard to, and procedures for, the delivery of effective pre-
application advice for major developments; and
iii. that a report be brought to a future meeting on progress, looking at the
Guidance’s effectiveness and whether it had generated appropriate and
effective community involvement and including the results of a customer
survey to be carried out as the work progressed.
11. The Biodiversity Duty and Provision of Ecological Advice to the
Planning and Development Service
There had been circulated Report No. Ped-88-08 dated 12 November 2008 by the Director of Planning and Development outlining the Council’s Biodiversity Duty and the current level of biodiversity advice available to planning officers. There was a need to enhance the level of ecological advice available in order to fulfil the Council’s duty under the Nature Conservation (Scotland) Act 2004.
Having NOTED that the effectiveness of the Guidance would be monitored and that a report would be brought back to a future meeting, the Committee APPROVED the production of appropriate planning guidance and the preparation of standard planning conditions designed to protect biodiversity.
12. Highland Opportunity Ltd
Declarations of Interest:
As Directors of Highland Opportunity Ltd, the Chairman, Mr G Smith, Mrs I McCallum, Mrs H Carmichael, Mr D Hendry, Mr D Henderson and Mr I Brown 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.
There had been circulated Report No. Ped-89-08 dated 6 November 2008 by the Director of Planning and Development providing a summary of Highland Opportunity Ltd’s (HOL) activities during the financial year 2007/08. It also gave details of the Company’s current performance against the range of targets set for it as part of its contract with the Council to deliver business support to Highland businesses, and highlighted key contract work priorities during the rest of this financial year.
Mr D Owen, the HOL Company Manager, drew attention to the Company’s many achievements over the past financial year and the good progress being made in the current year, with a number of its targets having already been met. HOL had been in operation for 22 years and in that time had assisted 1,200 businesses and sustained 3,500 jobs. The company was looking forward to the expansion of its activities to include Business Gateway services.
With particular praise for its activity at the social end of commerce, Members welcomed the work carried out by HOL and congratulated the company on its success.
The Committee NOTED the performance of Highland Opportunity Ltd.
13. Highland Fresh Mussels Ltd – Financial Statements for the Year
Ended 31 March 20008 and Progress Report.
Declarations of Interest:
As Directors of Highland Fresh Mussels Ltd, Mr A Rhind and Mr J McGillivray 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.
There had been circulated Reports No. Ped-90-08 dated 11 November 2008 by the Director of Planning and Development presenting the Financial Statements for the year ended 31 March 2008 for Highland Fresh Mussels Ltd.
The Committee NOTED the content of the report and accepted on behalf of the Council the Financial Statements for the year ended 31 March 2008 for Highland Fresh Mussels Ltd.
The meeting ended at 1.10 p.m.