• Agenda

Minutes of Meeting of the Transport, Environmental and Community Services Committee held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 8 February 2007 at 2.00pm.

 

 

Mr C King in the Chair

 

Preliminaries

 

The Chairman took the opportunity to express sympathy on behalf of the Committee on the death of Councillor D R Munro who had passed away in December. The Committee asked that their condolences be conveyed to his family. 

 

1.           Apologies for Absence

 

Apologies for absence had been intimated of behalf of Mr S Mackay; Mr D Chisholm; Mr A M Millar; Mr W Fulton; Mr S J Shiels; Mrs L MacDonald and Mr B M S Dunlop (OCB).

 

2.            Good News

 

The Committee AGREED that their congratulations be conveyed to the Road Safety Team who had won a Scottish Transport Award, for their Safer Routes to School Programme and NOTED that the Scottish Executive had confirmed a financial contribution of £751K towards the remedial works at Joss Street, Invergordon.

 

3.           Revenue Budget Monitoring Report - 1 April to 31 December 2006

 

There had been circulated Report No TEC 01/07 by the Director of Transport, Environmental and Community Services, setting out the revenue monitoring position for the period 1 April to 31 December 2006, and the projected year end position.

 

The Committee NOTED:

 

i.              the attached schedules which showed the revenue monitoring position for the period; and

ii.            the anticipated overspend of £2.8m that arose directly from storm damage and emergency works.

 

4.           Capital Expenditure Monitoring – 1 April to 31 December 2006

There had been circulated Report No TEC 02/07 by the Director of Transport, Environmental and Community Services, summarising the capital monitoring position for the period 1 April to 31 December 2006 and the projected year end position.

 

Members commented on the successful completion of renovation works on the North Pier, Wick, which was Phase I of a coast protection/flood prevention project to protect Wick Harbour.  The South Pier, Phase II of this project, was reported as being in poor, deteriorating condition and badly in need of renovation.  The Director of TECS indicated that his officers were in touch with the Scottish Executive in an effort to secure grant assistance for these works.  The works were fully designed and when the Scottish Executive had approved the project for grant, the Council would need to include the scheme in the Capital Programme to allow the outstanding work to be completed.

 

The Committee NOTED the capital expenditure monitoring position.

 

5.           Performance Management: Statutory Performance Indicators & Internal Performance Indicators          

 

There had been circulated Report No TEC 03/07 by the Director of Transport, Environmental and Community Services providing details of Transport, Environmental and Community Services’ performance as measured by Statutory Performance Indicators and Internal Performance Indicators, during the first two quarters of the financial year 2006/07.

 

The Committee NOTED the performance of Transport, Environmental and Community Services in relation to Service activities that were measured by statutory Performance Indicators and Internal Performance Indicators.

 

6.           Review of Emergency Preparedness in Scotland

 

There had been circulated Report No TEC 04/07 by the Director of Transport, Environmental and Community Services updating Members on the Scottish Executive’s consultative review of Scotland’s preparedness for dealing with simultaneous major emergencies. The consultation closed on 31 December 2006.

 

Members were informed that there had been no comment in relation to questions 7-9 of the consultation from an emergency planning viewpoint. Questions 7 - 9 concerned the number of fire control rooms in Scotland and the suitability of a combined Fire and Rescue Service. However, Members indicated that it was very important to comment in on the proposal to reduce the number of fire control rooms in Scotland from 8 to 3. Due to the unique geography of the Highlands, Members thought it was essential that a fire control room was retained in the Area.

 

The Committee HOMOLOGATED the response to the consultation, and AGREED to submit further comment in relation to question 7, on the proposal to reduce the number of fire control rooms from 8 to 3, indicating that Members wished to see a fire control room retained in the Highlands due to its unique geography.

 

7.            Rural Public Passenger Transport Grant

 

There had been circulated Report No TEC 05/07 by the Director of Transport, Environmental and Community Services updating Members on the use to be made of the increased level of funding for the Rural Public Passenger Transport Grant, with effect from 1 April 2007, and making recommendations on how the additional funding should be allocated. Details were also provided on the recent decision by the Scottish Executive to transfer the Rural Transport Fund to the Regional Transport Partnerships with effect from 1 April 2008.

 

Members welcomed the work done by the Transport Development Team and during discussion made the following points:

 

·        the Dunbeath to Wick service should be included as a recommended route for funding;

·        in many areas the local Dial-a –bus service had been highly efficient and successful and should be rolled out further to other areas in Highland; 

·        when writing to the Scottish Executive seeking long term assurances for the future of bus services provided through the Rural Public Passenger Transport Grant, examples be  included of how funding had been used to its maximum effect;

·        the transfer of the Rural Transport Fund to the Regional Transport Partnerships from 1 April 2007 appeared to be a retrograde step regarding efficiencies achieved through combined public and school transport provision.

 

The Committee AGREED:

 

i.              to allocate 80% of the additional funds to provide new or improved bus services as detailed in Appendix A to the report;

ii.            to allocate 20% of the additional funds for “related activities”, including the cleaning and maintenance of bus shelters, publicity and support services;

iii.           that the Committee write to the Scottish Executive seeking assurances on the future of bus services provided through the Rural Public Passenger Transport Grant and that a further report be taken to Committee once the implication of the decision was known;

iv.          should further funds be identified following the tendering exercise, the Dunbeath to Wick evening service be brought into service; and

 

NOTED that the Rural Transport Fund, including the Rural Passenger Transport Grant, would transfer to the Regional Transport Partnerships with effect from the 1 April 2008.

 

8.            Implementation of Transport (Scotland) Act 2005 Part II Consultation on Secondary Legislation

 

There had been circulated Report No TEC 06/07 by the Director of Transport, Environmental and Community Services updating Members on the Scottish Executive’s consultation on the regulations to implement aspects of the Transport (Scotland) Act 2005. The report highlighted the six main areas of change for the Council and the effect of the Act on the way the Council discharged a number of its duties as a Roads Authority.

 

The Committee:

 

i.              HOMOLOGATED the response to the consultation;

ii.            NOTED the effect of the Transport (Scotland) Act 2005 Part II on the way the Council discharged a number of its duties as a Roads Authority; and

iii.           AGREED to delegate powers to the Director of TEC Service to authorise appropriate staff to issue Fixed Penalty Notices, in accordance with the relevant legislation.

 

9.           Sconser Quarry – Agreement with Leiths (Scotland) Ltd

 

There had been circulated Report No TEC 07/07 by the Director of Transport, Environmental and Community Services reminding Members of the decision to explore a range of options for developing partnership arrangements in relation to the operation of Sconser Quarry beyond 22 April 2007 and inviting Members to extend the Agreement with Leiths (Scotland) Limited for the operation of a coating plant at Sconser Quarry, for 3 months until the 31 July 2007.

 

The Committee:

 

i.              AGREED to extend the Agreement with Leiths (Scotland) Limited for the operation of a coating plant at Sconser Quarry, for 3 months until the 31 July 2007; and

ii.            NOTED that a further report would be submitted to a future Committee to update Members on the outcome of the tender process.

 

10.        Replacement/Refurbishment of Public Conveniences

 

There had been circulated Report No TEC 08/07 by the Director of Transport, Environmental and Community Services updating Members on the programme for the replacement and refurbishment of Public Conveniences. The report highlighted that all the remaining projects were subject to substantially higher than expected tender prices which had delayed programme delivery and savings measures had been explored to reduce costs. The proposed programme of works included public conveniences in Portree, Viewforth and Golspie.

 

The Committee NOTED the progress identified in Appendix A to the report and AGREED:

 

i.              the programme of works proposed, which included public conveniences in Portree, Viewforth and Golspie; and

ii.            that Area Committees identify their next priorities for this programme, which would be the subject of a future report to the Committee.

 

11.       Noise Complaints Customer Survey

 

There had been circulated Report No TEC 09/07 by the Director of Transport, Environmental and Community Services advising Members of the results from a Customer Satisfaction Survey carried out in respect of Noise Complaints received by Environmental Health. Each year the Environmental Health team dealt with approximately 200 noise pollution complaints and a survey had been carried out in respect of the complaints received between May and August 2006. The report highlighted that eighty percent of those who responded to the questionnaire where either very satisfied, or satisfied, with the service, and details of those who were dissatisfied with service were given.

 

The Committee NOTED the results of the Customer Survey and the proposed improvements to the Service.

 

12.       Consultation – Animal Health and Welfare Scotland Act 2006: The Prohibited Procedures (Exemptions) (Scotland) Regulations 2007                                                                                                 

 

There had been circulated Report No TEC 10/07 by the Director of Transport, Environmental and Community Services updating Members on the Scottish Executive’s proposals to introduce the Animal Health and Welfare (Scotland) Act 2006, regulations to allow otherwise prohibited procedures to be exempted. The majority of the Act was now in force, however Section 20 would not come into force until after the consultation had been completed. The consultation closed on 5 January 2007.

 

The Committee HOMOLOGATED the response to the consultation which supported the Scottish Executives proposals to exempt certain otherwise prohibited procedures.

 

13.       Review and Consolidation of Cattle Identification

 

There had been circulated Report No TEC 11/07 by the Director of Transport, Environmental and Community Services updating Members on the Scottish Executive Environment and Rural Affairs Department (SEERAD) proposals to review and consolidate regulations relating to the identification and traceability of cattle. The consultation closed on 15 January 2007.

 

The Committee HOMOLOGATED the response to the consultation.

 

14.       The Animal Gatherings (Scotland) Order

 

There had been circulated Report No TEC 12/07 by the Director of Transport, Environmental and Community Services updating Members on the Scottish Executive Environment and Rural Affairs Department (SEERAD) proposals to introduce a requirement for animal gatherings to be licensed for disease control purposes. The consultation closed on 19 January 2007.

 

While Members understood the need for bio-security, concern was expressed over the implications the Order would have on both large and small agricultural shows in rural areas, specifically the requirement for the field or area where the gathering was to take place to remain unused for 27 days before and after the event.

 

In response to questions it was confirmed that a joint response on behalf of Animal Health and Welfare Officers across Scotland had been submitted as well as a response on behalf of the Council. Further discussions had taken place at Ingliston between NFUS/Agricultural Show Secretaries and SEERAD and it was indicated that SEERAD was awaiting comment on the proposals.

 

The Committee HOMOLOGATED the response to the consultation and AGREED further information on the outcome of the recent meeting on this issue between SEERAD and NFUS/Agricultural Show Secretaries at Ingliston be made available to the Committee.

 

15.       Consultation on Public Health Legislation in Scotland

 

There had been circulated Report No TEC 13/07 by the Director of Transport, Environmental and Community Services updating Members on the Scottish Executive’s Consultation on proposed changes to Public Health Legislation in Scotland. The Scottish Executive were reviewing the statutory powers in the public health field to ensure they were fit for purpose and were seeking comment on how to shape public health legislation in Scotland. The consultation closed on 12 January 2007.

 

The Committee HOMOLOGATED the response to the consultation.

 

16.       Consultation on the Proposal for a Directive of the European Parliament and the Council on Waste

 

There had been circulated Report No TEC 14/07 by the Director of Transport, Environmental and Community Services updating Members in relation to the Consultation on the proposal for a Directive of the European Parliament and the Council on Waste which would revise the existing Waste Framework Directive, repeal and integrate the Hazardous Waste Directive, and repeal the Waste Oils Directive. The consultation closed on 5 January 2007.

 

The Committee HOMOLOGATED the response to the consultation.

 

17.       Consultation on the Waste Management Plan for Scotland Regulations 2006

 

There had been circulated Report No TEC 15/07 by the Director of Transport, Environmental and Community Services updating Members on the Scottish Executive’s Consultation on the Waste Management Plan Regulation. The consultation was in response to proposals to transfer the duty to have a National Waste Management Plan from SEPA to Scottish Ministers. The consultation closed on 29 December 2006.

 

The content of the response was summarised for Members, which indicated that while the proposal to formalise the need for Scottish Ministers to be held accountable for the National Waste Plan was supported, further information was required on how this would be carried out on a daily basis.

 

The Committee HOMOLOGATED the response to the consultation.

 

18.       Strategic Waste Fund Bid

 

There had been circulated Report No TEC 16/07 by the Director of Transport, Environmental and Community Services updating Members on the Landfill Allowance Trading Scheme and in particular advised that the Scottish Executive had penalised two local authorities for failing to meet their landfill allowance targets in 2005/2006. The report also sought Members’ approval for a joint bid with Moray Council to the Scottish Executive for funding to provide a recycling collection service to households in rural Highland and Moray; a Materials Recovery Facility to separate mixed recyclate; in-vessel composting units to enable kitchen waste to be collected and composted with existing green waste collections, and to allow plastics bottle to be collected at recycling centres. The total bid, which covered the period 2007 to 2020, was £45million. In response to questions, a summary of the funding available through the SWF was given.

 

It was emphasised to Members that even if all biodegradable household waste was diverted, the Council would not meet its landfill diversion targets in 2009/2010. A future report would be submitted to Members detailing proposals of diverting commercial waste from landfill to aid meeting landfill allowance targets.

 

Due to the success of introducing, and raising awareness, of recycling to the Highlands there had been several requests from the public to extend the recycling facilities offered, particularly in rural areas. In response, it was explained that while it was considered important to build on the enthusiasm of the public for recycling, further funding was required to extend the current service. It was also highlighted that the recycling of plastics, through recycling points and centres, had been analysed and was considered an expensive and inefficient practice for the Highland area at present.

 

During discussion Members emphasised the need for liaison with local business and supermarkets to reduce the number of plastic carrier bags used needlessly by shoppers and to generally encourage recycling in business and commercial activities.

 

 The Committee

 

i.              NOTED that the Scottish Executive had penalised two local authorities for failing to meet their landfill allowance targets in 2005/2006; and

ii.            AGREED to approve the submission of a joint bid with Moray Council to Scottish Executive for funding as detailed in the report.

 

19.       Civic Government Licensing – Taxi/Private Hire Car Enforcement 3^rd Quarter 2006/2007

 

Mr N Donald declared a financial interest in this item and item 22 as a taxi driver/owner and left the room for these items.

 

There had been circulated Report No TEC 17/07 by the Director of Transport, Environmental and Community Services advising Members of the level of pro-active inspections and enforcement activity carried out by Trading Standards during the third quarter of 2006/2007, in respect of Taxis and PHC’s licensed by the Highland Council under the terms of the Civic Government (Scotland) Act 1982.

 

Members were also informed that there were three taxi drivers who had reached the maximum penalty points limit and details of each case would be submitted to the relevant Area Committee.

 

The Committee NOTED:

 

i.              the current level of pro-active inspections and enforcement activity carried out by Trading Standards in respect of Taxis and PHCs licensed by the Council under the terms of the Civic Government (Scotland) Act 1982; and

ii.            that three taxi drivers had reached the maximum penalty points limit and details would be submitted to the relevant Area Committee.

 

20.       Disabled Persons Parking (Scotland) Bill

 

There had been circulated Report No TEC 18/07 by the Director of Corporate Services giving details of a Private Member’s Bill that had been introduced to the Scottish Parliament.  The aim was to increase the number of designated, authorised disabled parking bays by easing the process needed to establish them and making discretionary spaces at shopping centres, supermarkets, doctors’ surgeries etc. designated bays. This revised process would allow the penalties for misuse currently applicable only to bays designated by a Traffic Regulation Order (RTO) made by a local authority to be applied to disabled parking bays on private land. The report highlighted the legal and practical difficulties of implementing the changes and that additional resources would be required to implement the provisions.

 

The Committee AGREED to support the proposed Bill in principle, and that comments submitted include reference to the legal and practical difficulties of implementing it.

 

21.       Licensing of Houses in Multiple Occupation

 

There had been circulated Report No TEC 19/07 by the Director of Corporate Services inviting Members to consider the introduction of a ‘footprint application fee’ in respect of the licensing of houses in Multiple Occupation where there were a number of similar properties/units which required to be licensed. For clarification, the footprint fee was not applicable in the event that one or more of the Council’s consultees required an independent inspection to be made of the property which was the subject of the application.

 

The Committee AGREED the introduction of a £50.00 ‘footprint application fee’ in relation to Houses in Multiple Occupation which were materially identical.

 

22.    Taxi Appeal: Outcome

                                                                                                    

Members were reminded that an Appeal had been lodged with the Traffic Commissioner against the decision of the Council to implement the revised Taxi Tariff approved by Council in August 2006. The Appeal had been heard on 5 December 2006 and the Commissioner had rejected the Appeal and approved the Tariff proposed by the Council. Advertisements had been placed in the local press confirming that the new Tariff was effective as of midnight on 27 January 2007.

 

Members were informed that work was underway to recalibrate the taxi meters within the Highland Area in line with the new tariff structure

 

The Committee NOTED the outcome.

 

23.       Minutes

 

The Committee NOTED or APPROVED the following minutes as appropriate:

 

i.              Waste Strategy Sub Committee of 14 November 2006;

ii.            Community Works Working Group of 22 November 2006;

iii.           Community Projects Working group of 22 November 2006;

iv.          Highland Home Safety Liaison Group of 28 November 2006; and

v.            HITRANS of 6 December 2006.

 

The meeting closed at 3:05pm