Ward 8 –Tain and Easter Ross Ward Forum
Held on Thursday 28 October 2010
in the Fearn Village Hall
Present:
Cllr Alan Torrance (Chair)
Alice Smith, Balintore and Hilton Community Council
Marion Porteous, Inver Community Council
John Boocock, Kilmuir & Logie Easter Community Council
Doug Kippen, Nigg and Shandwick Community Council
Janet Wilson, Tarbat Community Council
Maureen Ross, Seaboard Memorial Hall
John Rodewald, Milton Housing Forum
Rose Hazell, Kilmuir and Logie Easter Action Group
Helen Campbell, Fearn Peninsula Partnership
Chief Insp. Matthew Reiss, Northern Constabulary
Anthoney Gardiner, Highlands and Islands Fire and Rescue Service
Malcolm MacLeod, HC Development Plans Manager
Carol Elliot, HC Ward Manager Tain and Easter Ross
18 members of the public
Apologies:
Cllr Alasdair Rhind
Cllr Richard Durham
John Scott, Fearn Community Council
Peter Whiteley, Tain Community Council
Fiona Robertson, Tain Initiative Group
David McDiarmid, Highlands and Islands Fire and Rescue Service
Phil Green, Highlands and Islands Fire and Rescue Service
Ian Hargrave, HC Corporate Manager, Caithness, Sutherland and Easter Ross
1. Welcome and Introductions
Cllr Torrance welcomed everyone to the Forum.
2. Apologies for Absence
As listed above.
3. Community Safety/Police report – Chief Inspector Matthew Reiss, Northern Constabulary
An operational flavour of some of today’s policing activities was given. This included the largest drug seizure this year in Caithness; an incident on Orkney evacuating people from their homes and 3 pre organised check points allowing officers to check vehicle tyres and lights and check for drink/drug drivers. These check points also gave officers the opportunity to engage with the travelling public.
For almost 3 months the north area has successfully been distributing detailed statistics to community councils giving a breakdown of activities by beats.
The Northern Constabulary budget for 2011/2012 is being cut by 9%. Then the 3 years after that will be a cut per annum of 5%. This means there will be around a 25% cut in the budget over the next 4 years. Past cuts made have left the Northern Constabulary in a strong position. The need for support staff is being looked at, i.e. non policing staff, and where bureaucracy can be cut to save money.
It is proposed to cut the opening hours of Tain Police Station to 42hours - 6 hours per day, 7 days per week. It is hoped to keep the staff but reduce their hours. Northern Constabulary is also looking at where it can share buildings with the Highland Council, Fire Service etc. 16 stations have been suggested for closure.
Q – Can you comment on the news that a family member of a local murder victim found the weapon that the police had missed in the house?
A – This shouldn’t have happened and is unacceptable.
Q – Will the recent decision of the Supreme Court not to allow interviews without a solicitor being present have significant implications for costs?
A – It will have but not sure yet how much. In Scots Law suspects have the right to remain silent anyway. It will have an impact on the length of time suspects are detained for, as some areas in the Northern Constabulary area can’t be reached quickly by a solicitor. It also means an officer needs to stay in the station longer to provide supervision. The Legal Aid bill will probably increase as well.
Q – When a crash happens why is the road closed for such a long time?
A – The main causes of severe road accidents are not wearing seat belts; drink and drugs. Drink is the main cause of fatal accidents. The road has to be closed and treated as a crime scene. Because of advances in technology the Force has halved the time needed to close a road. The Force does appreciate it is vastly inconvenient to people. There is a need to get to the deceased’s family quickly because other travellers with mobile phones mean they could pass the news on inappropriately.
4. Ward Update and feedback from the previous Ward Forum.
The Notes from the previous Ward Forum are attached to the agenda.
As well as the current consultation on the Local Development Plan which you’ll hear about shortly, the Planning & Development Service also has a few other consultations on supplementary guidance documents running until the 3rd December, for:
- Green networks. Green Networks comprise of a network of greenspaces and green corridors within and around settlements, linking out into the wider countryside. They can help to enhance the area’s biodiversity, quality of life and sense of place.
- On Housing in the Countryside.
- Managing Waste in New Developments.
- Special Landscape Area Citations.
Also until the 31st December responses are invited on the draft document “Adapting to Climate Change in Highland”. The document is available on the Highland Council web site.
Thanks to everyone who contributed to the budget consultation. Thousands of comments were received as part of the consultation run earlier in the year. These have been published on the HC web site. The comments will help shape the decisions to be made by the Council as it considers options for bridging a growing budget gap.
5. Planning. Malcolm MacLeod, HC Development Plans Manager
Planning:
- Acts in the Public Interest.
- Aims to integrate policies and plans, often of others, to get development in the right place and in a sustainable form.
- “Guides the future development and use of land. Planning is about where development should happen, where it should not and how it interacts with its surroundings” Scottish Planning Policy.
The Ward’s local Planning Office is in Drummuie at Golspie.
There are three main parts to the planning system:
- Development Plans which set out how places should change and also set out the policies used to make decisions about planning applications. To be covered in agenda item 6.
- Development Management the process for making decisions about planning applications.
- Enforcement the process that makes sure that development is carried out correctly and takes action when development happens without permission or when conditions have not been followed.
The modernisation agenda has four principle aims to make planning:
• fit for purpose
• more efficient
• more inclusive
• sustainable
Planning needed to be positive and dynamic rather than reactive and bureaucratic.
Development Management
The Planning (Scotland) Act 2006 says “Determination shall be made in accordance with the Development Plan unless material considerations indicate otherwise.”
The main changes in the 2006 act were covered and planning hierarchy explained and examples given.
The Scheme of Delegation was outlined. 93% of applications have been dealt with under delegated powers. 7% went to committee.
Delegated Decisions: Applications will be dealt with by Officers of the Council and include most ‘Local’ scale applications and those ‘Major’ scale applications which accord with the development plan.
Exceptions to this include applications:
- recommended for approval but where there have been objections on planning grounds which cannot be addressed by conditions, from either members of the public residing at, or having their principal place of business at, five or more separate addresses, or from statutory consultees;
- recommended for refusal and the majority of the Ward Councillors request the application be referred to the relevant Planning Applications Committee;
- submitted by the Council or in which the Council has an interest; or submitted by an Elected Member or senior official of the Council.
Planning Applications Committee Decision (3 committees): This Committee will decide on those applications which fall within the delegated decision exceptions and ‘Major’ developments that are contrary to the development plan.
Full Council Decision: Only applications that fall into the category of ‘Major’ developments and are significantly contrary to the development plan will be decided by the full Highland Council. These will require a pre-determination hearing.
The local review body has nine Members in total, 3 from each Operational area. They review not appeal decisions.
Enforcement.
There are more than 16 main components (enforcement powers).
The HC Planning Enforcement Charter was adopted in August 2010. This describes the service standards that will be met when dealing with planning enforcement.
E-planning (online planning) was outlined. Currently over 40% of applications are submitted via this route, more than the 10% estimated by the Scottish Government.
Developer Contributions or Planning Gain.
Where a proposed development would create a direct need for particular facilities, place additional requirements on infrastructure (cumulative impact) or have a negative impact on the environment or local amenity that cannot be resolved satisfactorily through the use of planning conditions, a planning agreement could be used provided it would clearly overcome or mitigate those identified barriers to the grant of planning permission.
There should be a link between the development and any mitigation offered as part of the developer's contribution.
Planning agreements should not be used to extract advantages, benefits or payments from landowners or developers which are not directly related to the proposed development. In reaching decisions on applications for planning permission, planning authorities should not attach any weight to offers made to undertake works, donate monies, or other incentives, including contributions to community trust funds, if these do not meet the tests contained in this circular for inclusion within an agreement. Equally, planning authorities should not be influenced by the absence of such offers.
Community Benefit
Community Benefit is different from Planning Gain in that it represents a contribution to the wider community from a developer, in recognition that their proposal will have an effect on a community beyond the development site, probably for a long period of time. Wind farms are the classic example of this.
Community Benefit is not related to Planning. The Corporate Manager has responsibility for this. A political decision will be made as to whether there should be a Highland wide Community Benefit pot.
Comment – It is felt that the experience of Planning in a local context is not as positive as outlined. Examples given.
A – Local Members try to pick up where Planners don’t have local knowledge. In the past there have been poor examples. There are new procedures for developers. The Council is taking a stronger position where developers were trying to cut corners. The Council’s improvement plan has set up focus groups to measure performance. Planning can’t micro manage every application so they do rely on trust with an applicant and rely on the public; Community Councils; and other groups to highlight any issues.
Q – Planning is emotive. Not everyone is able to understand the complexities of Planning and they feel insulted at Planning Committees when they can’t be part of discussions on something that affects them. They are excluded at the most important part of the process.
A – The Government is seeking to overcome this by engaging with and involving people earlier, for example, through Development Plans. Even if they are not comfortable with the proposals, people can get involved with what would make things easier. For example, paths and buffer zones.
Q – The public feel their comments are not being relayed to the committee. They need a channel to know they’ve been able to participate in the process. For example via pre-planning meetings. Councillors do listen to the public but can’t make any comments before the meeting as they would then be debarred from entering the debate at the committee stage and therefore unable to support or criticise the application at that stage.
A – Major applications now need to submit a development notice 12 weeks before an application. The community and the Community Council need to be consulted. The Developer has to submit a report of consultation and include what points raise are and how they have been taken on board.
Q – Who are Planners accountable to?
A – They are accountable to the Elected Members of the Highland Council. Line Managers report to Council. It is a plan led system. Decisions are made based on plans, whether they are delegated or committee decisions. Planners do need to be more aware of customer service. Young Planners help make the system more approachable.
Q – How are Government Reporters selected? Example of recent Public Local Enquiry in Tain given.
A – They are appointed by the Scottish Government. Enquiries are difficult. There will be less legal conflict and more round table discussions in future.
Q – Points of concern are: reducing the number of local plans so a bigger area is covered in each; having so many young Planners; increased delegated powers; e-planning; and the use of Google to look at sites from a desk in case things get missed.
A – Having 8 plans isn’t sustainable. Having 3 area plans is the only way to keep up to date, focused, development plans. Small changes don’t need lots of people to look at them. Planners do visit sites. They need to get better at turning around small scale plans which don’t affect anyone. It is important people get involved early to get development plans right.
6. Highland wide Local Development Plan update.
Originally there were 27 Development Plans across Highland; it wasn’t sustainable to keep these plans up to date. The current 8 are moving to 4. The Inner Moray Firth local plan preparation is starting early 2011. It is really important that Community Councils engage in the “Planning your Community” process early.
The new Act says the annual development plan scheme has to have a Main Issues report. The Main Issues Report and the HCs proposed plan (i.e. the view of the Highland Council) is considered by the reporter. The HC has to agree with the reporter so speeding up the planning process.
7. Date, location and topic of next Ward Forum
Wednesday 15th December 2010 7pm for 7.30pm. Mercat Centre, the new community building in Milton, beside the Milton Primary School. The host Community Council will be Kilmuir & Logie Easter.
Come at 7pm for a tour around the new facility.
Theme: Gritting and Winter Maintenance and other related TECS issues. Campbell Stewart, The Area Roads and Community Works Manager will be attending. Please advise Carol in advance of any particular issues you would like to discuss.
As always – Can Community Councils and other Ward Forum member groups ensure you gather views from your communities on these items via your own agendas to feed into discussions.
8. Public Question and Answer session.
Q – The 2 big issues in the Community Council area are wind turbines and the Nigg Yard. The concern is people’s views are not being taken in to account. Consultation by the developer is offering lip service. Also, as a statutory consultee the Community Council had to go to the Planning Office for information as it wasn’t sent out.
A – Under new legislation Community Councils are sent a weekly list. Community Councils have a duty to get back within 7 days to become a statutory consultee. Each Community Council has a planning contact to do this.
Cllr Torrance announced that a new Tain Health Centre almost has final approval from the NHS Committee. It is hoped work will commence on a site at Craighill in Sept 2011 and be complete by October 2012.
9. Thanks for attending.
Cllr Torrance thanked everyone who attended.
We would remind members of the public they can see the notes from this Ward Forum and information about future Ward Forums on the Highland Council’s Web site.