Agenda
Read the Agenda
A meeting of the Highland Council will be held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday 22 September 2022 at 9.35am.
Webcast Notice: This meeting will be filmed and broadcast over the Internet on the Highland Council website and will be archived and available for viewing for 12 months thereafter.
You are invited to attend the meeting and a note of the business to be considered is attached.
Yours faithfully
Stewart Fraser
Head of Corporate Governance
BUSINESS
1. Calling of the Roll and Apologies for Absence
Gairm a’ Chlàir agus Leisgeulan
2. Her Late Majesty Queen Elizabeth
A Mòrachd a’ Bhanrigh Ealasaid nach Maireann
3. Declarations of Interest
Foillseachaidhean Com-pàirt
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 provide some information on the nature of the interest and leave the meeting at the appropriate time. Advice may be sought from officers prior to the meeting taking place.
4. Recess Powers
Cumhachdan Fosaidh
Members are asked to note that the recess powers granted at the meeting on 30 June 2022 were required to be used in relation to the full Council as follows:-
Change of Highland Licensing Committee and Board date from 2 August to 9 August 2022.
5. Appointments
Cur an Dreuchd
a. Scotland Excel
Members will recall that they appointed Mr D Louden to the Scotland Excel Joint Committee. Scotland Excel have now informed us that Highland Council can appoint an additional Member to their Executive Sub Committee.
The Council is invited to appoint 1 Member to the Scotland Excel’s Executive Sub Committee.
b. CoSLA Appointments
The Council are invited to appoint 1 Member to each of the following CoSLA Boards:-
i. Health and Social Care
ii. Children and Young People
iii. Environment and Economy
iv. Community Wellbeing
6. Confirmation of Minutes
Daingneachadh a’ Gheàrr-chunntais
There are submitted for confirmation as a correct record the Minutes of Meeting of the Special Council held on 29 June 2022 and of the Meeting held on 30 June 2022 as contained in the Volume which has been circulated separately.
7. Minutes of Meetings of Committees
Geàrr-chunntasan Choinneamhan Chomataidhean
There are submitted for confirmation as correct records, for information as regards delegated business and for approval as appropriate, the Minutes of Meetings of Committees contained in Volume circulated separately as undernoted:-
Caithness Committee (Special Meeting) 1 July
Black Isle Committee 8 August
Nairnshire Committee 8 August
Isle of Skye & Raasay Committee 15 August
Sutherland County Committee 15 August
Communities & Place Committee 17 August
Caithness Committee 22 August
Dingwall & Seaforth Area Committee 22 August
*Health, Social Care & Wellbeing Committee 24 August
*Starred Item 3 – Appointments - Family Nurse Partnership Board – Ms Leslie-Anne Niven
*Starred Item 12 - Appointment of Champions for Older People and Children - agreed to appoint Mr Bill Boyd, as Older People’s Champion
*Economy & Infrastructure Committee 25 August
*Starred Item 5 - Appointments to Sub-Committees/Working Groups
i) Education Transport Review Committee – agreed the membership of the Education Transport Review Committee as detailed - Mr D Millar
ii) Harbours Management Board - agreed to recommend to the Council the Harbours Management Board membership as follows - Ms S Atkin and Mr C Munro
*Starred Item 6 - Appointment to Outside Bodies
a) HITRANS Tier 1 Ferry Users Consultation Groups
i) the Argyll Ferry Users Consultation Group which covered services operated in Oban, Colonsay, Iona, Lismore, Coll, Tiree, Barra, South Uist and Ardnmurchan – Ms S Fanet
ii) the Lochaber and Skye Ferry Users Consultation Group which covered the Small Isles, Mallaig, Armadale, Raasay, Kilchoan and Lochaline - The Committee agreed to appoint Mr D Millar and Mr C Munro
iii) the Hebrides Ferry Users Consultation Group which covered Barra, North and South Uist, Harris, Lewis and links to Skye – Mr C Munro.
f) Flood Area Risk Management – Local Plan District Executive Steering Groups – agreed to recommend to the Council to appoint Ms S Fanet to the “Highland and Argyll Local Plan District” Steering Group
Badenoch & Strathspey Area Committee 29 August
Wester Ross, Strathpeffer & Lochalsh Committee 29 August
Lochaber Area Committee 30 August
Housing & Property Committee 31 August
Gaelic Committee 1 September
Easter Ross Area Committee 5 September
Corporate Resources Committee 8 September
Minutes of Meetings not included in the Volume are as follows -
i. Redesign Board – for approval – held on 7 September 2022;
ii. Highland and Western Isles Valuation Joint Board – for noting – held on 18 February and 7 March 2022 (approved by the Board on 20 June 2022); and
iii. Recruitment Panel – for noting – held on 1 March, 17 March and 30 March 2022
8. Membership of Committees, etc
Ballarachd Chomataidhean, msaa
Members are asked to:
i. agree that Mr J Bruce replaces Mrs H Crawford on the Economy and Infrastructure Committee; and
ii. note that Mr C Ballance has been appointed to South Planning Applications Committee in respect of Ward 12.
Items 9 and 10 will be considered at 2.00pm
9.Question Time
Àm Ceiste
The following Questions have been received by the Head of Corporate Governance.
With the exception of the Public Question, one supplementary question will be allowed in each case which will be answered by the recipient of the original question.
Public Question
Ms L Boyle
To the Leader
“Given the plethora of issues at Beauly Primary School, not limited to, but including, asbestos in the roof of the canteen, being pecked off by birds and dropped on the ground; freezing cold classrooms and canteen facilities whereby children have to keep jackets, hats and gloves on to stay warm; damp and mould spores that are evident on the walls and ceilings and the smell of dampness which hits you in the face when you walk into the gym hall; unsafe buildings and an unsecure school site in general given that there is a road running through the school and the perimeter fence is unlocked as there is a public footpath running through the whole school site. Can the leader of the council confirm if, and when, construction of the new school will begin onsite?”
The response will follow.
Member Questions
(1) Mr A Christie
To the Leader
“Please could the Leader detail occasions since the establishment of the Administration up to the current date where he or the Chairs of the Strategic Committees have represented the Council in meetings with elected members of the Scottish Government or UK Government including the main topic of the meeting and the outcome?”
The response will follow.
(2) Mr A Christie
To the Leader
“Could the Leader update Council as to the activity the Administration has undertaken since the 30th June in developing the new Council Programme, developing a strategy for the next revenue budget 2023/24, and working towards finalising a revised affordable capital programme and when this will be presented to Council?”
The response will follow.
(3) Mr A MacDonald
To the Leader
“Scottish Government have confirmed in response to recent enquiries that active consideration is being taken to connect Hebridean Islands by tunnels with distances far in excess of the short length to cover the Corran Narrows.
Would the Leader agree to write an open letter to Jenny Gilruth, The Minister of Transport urging that the Corran Narrows is added to the tunnel program?”
The response will follow.
(4) Mr A Baldrey
To the Chair of Communities and Place
“What is the Council doing to encourage more allotments and food growing projects? Given the waiting list for these is long and the availability of current allotments is limited, and given the Council’s statutory duty to provide allotments, as well as Government policy to promote local food growing, how many new sites does the Council plan to open in the next twelve months?”
The response will follow.
(5) Mr D Gregg
To the Chair of Economy and Infrastructure
“Does the Administration support the Cycling by Design 2021 guidelines produced by Transport Scotland?”
The response will follow.
(6) Ms J McEwan
To the Leader
“What are the lessons learned from the “carefully planned closure” of Avonlea Children’s Home in Wick in terms of the impact on service users, the wider community, staff and the best practice in media handling?”
The response will follow.
(7) Ms A MacLean
To the Leader
“The Highland Council has had a longstanding commitment to replace St Clement’s School. The school provides for some of the most vulnerable children in Highland and is based in Dingwall. The current school accommodation has been rated poor for both Condition and Suitability and the limitations of much of the facilities that the pupils require including the outdoor space. The 2014 HMIe inspection made a number of recommendations and highlighted “The buildings do not provide a satisfactory range or quality of facilities. Corridors and doors are narrow and challenge pupils with limited mobility. One classroom can only be accessed through the staff room and there is a lack of space and specialist facilities.” The current school is not suitable in its condition or layout as a special needs school.
I welcome the report to the Education Committee on 15th September 2022 with the outcome of the statutory consultation and also reaffirming that Highland Council has identified £13m for the project within the capital plan. All the stakeholders, including the voice of the pupils have been working towards the new St Clement’s School for many years, however there is a concern that given Budget pressures that some projects may not be taken forward or that there will be slippage in some.
Will the Leader confirm the replacement school for St Clement’s School is proceeding with haste and what are the planned start and completion dates?”
The response will follow.
(8) Mr A Jarvie
To the Leader
“As the first Caithness Leader of the Highland Council, how will you specifically reverse the unfair funding methodology and ensure Caithness receives what it deserves?”
The response will follow.
(9) Mr C Ballance
To the Chair of Corporate Resources
“In view of the announcement in the Holyrood Programme for Government that Councils will be empowered in the next year to introduce a Transient Visitor Levy, will you agree to commission a feasibility study by officers into the practicalities of introducing such a tax on visitors in hotels, larger b & bs, self-catering rental properties and mobile homes, including the possibility of exempting patients attending Raigmore or other medical appointments, and suggesting levels at which the tax could be levied, and projected income from it, so that this Council be ready to initiate such a tax as soon as it is possible.”
The response will follow.
(10) Mr R Gunn
To the Chair of Health, Social Care and Wellbeing
“Is the Chair in favour of the proposed National Care Service and what does he see as the biggest challenges to its introduction in Highland?”
The response will follow.
(11) Mrs H Crawford
To the Leader
“What criteria will Highland Council apply when deciding which of the new school building projects, as contained in the current capital plan, will take priority over the course of the session?”
The response will follow.
(12) Mr M Reiss
To the Leader
“Respite Care at Thor House in Thurso has been stopped/massively reduced over the Pandemic period and, instead, the premises are now being used as a Residential Children’s Home. The Unit specifically provides services for those with disabilities and was highly regarded in this respect, being described as a “purpose built 4 bedded residential respite facility offering support to children up to 18 years of age with a learning disability”. It also provided day care support for up to 15 adults, some of which is continuing. Now those same Respite Service Users are being told to make alternative arrangements (sometimes at their own expense) in Inverness, 110 miles from Thurso or in Moray. When will the Administration fully reinstate this vital service for the benefit of families in Caithness and North Sutherland?”
The response will follow.
10. Notices of Motion
Brathan Gluasaid
The following Notices of Motion have been received by the Head of Corporate Governance –
(i) “Council recognises:
-we are in the middle of the worst cost of living crisis for 50 years. Inflation is forecast to hit 18% next year.
-The Highlands is already one of the worst areas in the country for fuel poverty with 1 in 3 of our households already in it, double the national average.
-the energy plan proposed by the UK government will do nothing to help those reliant on heating oil and other domestic fuels which are not included in the energy price cap.
-many households are already at the brink and will struggle to pay their heating bills with prices as they are, even if the October price increase is frozen.
-as well as heating and electricity costs, the costs of the daily commute have increased with active travel and public transport being non-viable options for many Highland residents given the distance they have to travel.
Therefore council shall:
-Set up ‘heat hubs’ in council owned buildings to provide warm spaces for those unable to heat their homes in the winter months.
-Organise a local Emergency Cost-of-Living Summit, with invites to all relevant parties including Citizens Advice, food banks, local trade unions, public transport operators, NHS Highland, and MP/MSPs to explore local solutions to the cost of living crisis.
-Review all council owned housing for retrofitting of energy saving measures such as insulation to protect our tenants from price increases and keep them warmer this winter.
-Review eligibility criteria for all council administered benefits to ensure these criteria still include all those who need support given the projected massive rise in fuel and food bills.
-Review the council’s food waste strategy to ensure no unused or expiring food from council premises, including schools, ends up in landfill.
-Revive and support the community resilience structures which helped many communities through Covid, including offering council-owned kitchens such as school/community centres for the provision of hot meals.
-Write to the UK Government with the following asks:
- Develop a support scheme for households reliant on heating oil and other domestic fuels currently excluded from all proposed plans
- Extend the Rural Fuel Duty Relief Scheme to 10p a litre, and expand the scheme to cover all postcodes in the Highland area
- Reduction in the standard rate of VAT to 17.5%, saving the average Highland household £600 a year
- A re-introduction of the pensions triple lock to support the Highland’s pensioners, saving elderly residents an additional £300.
- Restore the Universal Credit supplement of £20, which was cancelled by the UK Government in September 2021, and double to £40/week
-Write to the Scottish Government with the following asks:
- Cancel the 3.8% rise in rail fares, and expand coverage of the Highland Railcard Scheme to all Highland postcodes and all Highland rail services
- Increase disability benefits to the maximal allowable amount as opposed to the current plan to copy the UK Government which will leave benefits lagging up to 4% behind inflation
- Fund urgent insulation schemes to help keep people warm this winter, and protect them from massive price rises, noting even the pre-pandemic rate of insulation in Scotland would take 164 years to insulate every vulnerable household”
Signed: David Gregg Angela MacLean Alex Graham
(ii) “Hundreds of thousands of young people across Scotland have signed up for free bus travel since the Young Persons Free Bus Travel Scheme launched in April this year. Registration is higher in some local authority areas than others, and Highlands ranks very low with a registration rate of only 28%, compared to a high of 91% in Inverclyde, and 78% in Western Isles (data from 20th June).
This Council wants to ensure that all young people under 22 in Highland can access their right to free bus travel, and has identified that more young people are accessing free bus travel in areas where local authorities are working closely with schools and public libraries to facilitate registration.
This Council recognises that many young people and families need help to register, especially if they do not have easy access to the required ID documents to apply for free bus travel. This Council recognises it needs to provide information and support for young people and their families to apply online and offline, and will work further with schools, Council support services, and public libraries to help facilitate registration so that all young people, including refugees and those seeking asylum, can access the free bus travel scheme. This Council undertakes to encourage greater take-up rates of the under 22s free bus passes in Highland”.
Signed: Kate Willis Ryan MacKintosh
(iii) “Council notes that, following the planning decision of 18th August 2022, the Ironworks in Inverness will be forced to suspend a number of its operations, including live music performances, unless it can secure a new venue.
Council further notes that failure to find a new home for the Ironworks will leave the Highlands without a purpose-use live events venue with a capacity of over 1000 attendees.
Council affirms its support for the Ironworks to continue its operations in Inverness. It agrees that cultivating the Highlands as a cultural hub is both desirable and necessary for the retention and recruitment of the working-age population, as well as being key for mental health and wellbeing across the Highlands.
Council directs the administration to work with the management of the Ironworks to ensure that this cultural asset is not lost to the Highlands”.
Signed: Molly Nolan Morven-May MacCallum
(iv) “This council notes that tax payers of Highland pay the fifth highest council tax as a percentage of average annual average income out of all 32 Scottish local authorities and recognises that The Highland Council are failing to meet Its key performance targets as outlined in the customer service charter.
In the interest of providing an acceptable level of service to taxpayers. This Council instructs the Executive Chief Officer for Performance and Governance to present a Customer Service improvement plan to the next full Council Meeting outlining what action must be taken to meet these targets and what monitoring will be in place to continually measure performance. This Council instructs that a new customer charter is drafted to reflect the level of service that can be expected in the interim period”.
Signed: Ruraidh Stewart Helen Crawford Isabelle MacKenzie
(vi) “It is Council policy to achieve more efficient business practices, and to work towards reaching net zero carbon pollution across its operations by 2025.
“Previous Council practice of providing printed paper copies of all committee papers and associated documents to all members was halted a few years ago. Up until then som”e half a million sheets of paper were printed out for members each year at a significant cost to council tax payers.
“To reduce consumption in this current climate emergency, save staff time, and save money, this Council therefore reaffirms the policy that officers will not print out papers for members where the material is available online.
“Recognising that some members will be less computer literate than others, this Council agrees that ICT runs a workshop, or series of workshops, on navigating, annotating and working with PDFs, the sharepoint facility and other Council software and Council smartphones to help members transition from paper’.
Signed: Chris Ballance Bill Lobban
(vi) “Council recently gave the President of Ukraine the Freedom of the City of Inverness as a mark of solidarity with the struggle of the Ukrainian people.
This Council now wishes to offer further, more practical, support for Ukrainian people in Inverness.
This Council therefore instructs E & I committee to investigate a study into the feasibility and cost of offering a free one year bus pass to all refugees and asylum seekers who have arrived in Highland Region since March 2022, and to report on this to the next full Council meeting for a decision then on whether to implement the scheme.
Signed: Ryan MacKintosh Chris Ballance
(vii) “This Council restates its acceptance of a climate and ecological emergency, as agreed in May 2019. The success of the Archimedes screw on the River Ness has demonstrated the potential to produce renewable energy using Council-owned assets and funding streams such as Salix.
In July National Grid announced a £7bn upgrade in transmission systems in the north of Scotland to deal with the expected growth in renewable electricity. (National Grid ESO ‘Pathway to 2030’ July 2022). It is vital that the Council maximises its involvement in the growth of renewables to ensure that the benefits of increased renewable generation support the council tax-payer, rather than the shareholders of multinational developers. It is time for the Council to develop an ambitious, bold and courageous strategy, to match Tom Johnston’s visionary Power from the Glens project of the 1940’s, by using Council land and resources to maximise income to the Council.
In recognition of the need to move to Net Zero as quickly as possible, Council agrees that, working with the ongoing outsourced review into income possibilities from renewables, senior service leaders formulate a strategy, Power to the People, to maximise the use of Council-owned buildings, car-parks and land for the production of renewable energy, by solar, wind, water, and ground and water-source heating, a strategy which identifies all potential appropriate locations for power production, and outlines potential funding opportunities, for presentation to the Climate Change Committee for consideration at its first meeting in 2023”.
Signed: Chris Ballance Kate Willis
11. Financial Crisis – Our Council and Our Communities
Èiginn Ionmhasail – Ar Coimhearsnachdan agus Ar Comhairle
There is circulated Report No. HC/22/22 dated 14 September 2022 by the Chief Executive.
The Council is invited to:
Note:
i. the financial position for financial year 2022/23 and the forecast budget gap of £40.9m for 2023/24;
ii. the content of the letter from the Cabinet Secretary for Finance and Economy regarding the Spending Review as set out in Appendix 1 to this report;
iii. The Scottish Government’s financial position with regard to the pay award as set out in the Depute First Minister’s letter at Appendix 2 to this report, which includes “All areas of the public sector will have to make challenging savings to live within existing budgets”;
iv. that the current schools DSM scheme, and current ELC partner funding rate will apply, with work on reviewing both the DSM scheme and ELC partner rate to continue in light of the financial crisis facing the Council;
and Agree:
i. implement budget strategies as detailed in section 8 of the report;
ii. allocate £3.223m from the Council’s non-earmarked reserves to:
a. provide non-recurring cost of living support payments of £145 to each household in receipt of council tax reduction and specified council tax exemptions as set out in this report. This will require £2.523m to be provided;
b. extend the existing Monday to Friday free school meal holiday payments to include weekend provision up to and including Easter 2023. This will require £0.200m to be provided;
c. provide grants to individual organisations of up to £10k for community-led initiatives. Non-recurring funding of £0.450m is to be provided; and
d. provide non-recurring funding of £0.050m to FareShare to purchase food for distribution across the Highlands;
iii. that the Council collaborates with the Scottish Government with a view to engaging with utility companies to seek more preferential energy tariffs for social tenants; and
iv. that a Member workshop be held in October in order to consider future capital investment for council housing in more detail.
12. Update on the Highland Response to the Ukraine Displaced Persons Scheme
Cunntas às Ùr mu fhreagairt na Gàidhealtachd do Sgeama Dhaoine Fuadaichte an Ùcrain
There is circulated Report No. HC/23/22 dated 8 September 2022 by the Executive Chief Officer Housing and Property.
The Council is invited to:
i. note the responsibility that we have to Ukrainian refugees arriving in the Highlands to continue to support the effort in the way those fleeing conflict deserve;
ii. note the current support given and the costs incurred to date, However further clarification on grant conditions is still being sought to confirm that we will be recompensed appropriately for the costs incurred; and
iii. recommend that a letter is submitted to Scottish Government requesting clarification on the Grant spend conditions of the £1.037m Homes for Ukraine scheme and request that further funding is made available for spend set out in 11.3 of the report connected to the Super sponsor scheme.
13. Learning Estate Investment Programme (LEIP) Update Phase 3 Priorities
Prògram Tasgaidh na h-Oighreachd Ionnsachaidh
There is circulated Report No. HC/24/22 dated 12 September 2022 by the Executive Chief Officer Housing and Property.
The Council is invited to:
i. note the award of the contract for the LEIP Phase 1 Tain 3-18 Campus project as Paragraph 4.5 of the report;
ii. reaffirm the Council’s commitment to the LEIP Phase 2 projects at Broadford Primary School and Nairn Academy as Paragraph 4.6 of the report;
iii. note the approach to reviewing the roll pressures across the school estate in the Inverness area and the progress made to date as outlined in Section 5 of the report; and
iv. agree the recommended priorities to be nominated for consideration by the Scottish Government for Phase 3 of the LEIP as set out in Section 6 of the report, namely:
a. A single bid consisting of a bundle of three primary schools; Beauly, Dunvegan and Park;
b. An ASL school, St Clement’s; and
c. Tornagrain Primary.
14. Best Value Assurance Report (BVAR) Improvement Plan Progress Report 2021/22
Aithisg Adhartais Plana Leasachaidh Aithisg Bharantais an Luaich as Fheàrr 2021/22
There is circulated Report No. HC/25/22 dated 31 August 2022 by the Chief Executive.
The Council is invited to:
i. consider and comment on the progress reported; and
ii. agree the revisions to timelines required to complete the delivery of the improvement plan as detailed in Appendix 1 in italics.
15. Annual Corporate Performance Report 2021/22
Aithisg Choileanaidh Chorporra Bhliadhnail 2021/22
There is circulated Report No. HC/26/22 dated 6 September 2022 by the Chief Executive.
The Council is invited to:
i. scrutinise the report on the final year of the current Corporate Plan for the period 1 April 2021 to 31 March 2022;
ii. await a further report on Statutory Performance Indicators (SPIs) and the Local Government Benchmarking Framework no later than March 2023;
iii. note that the Annual Performance and Attitudes Survey (APAS) will be carried out over Autumn 2022 using a hybrid approach to securing public opinion; and
iv. note that Service Plans will be updated to reflect the new Corporate Plan and submitted to the first cycle of Strategic Committees in 2023/24. PP.79-99
16. The Highland Council Programme Development Update
Cunntas às Ùr mu Leasachadh Prògraim
There is circulated Report No. HC/27/22 dated 14 September 2022 by the Chief Executive.
The Council is invited to note:
i. the approach and work to date in developing the Programme;
ii. the next steps and the approach to engagement;
iii. that the final Programme will come back to Council for approval on 27 October 2022; and
iv. that the Corporate Plan will come forward for approval later in the year, and Directorate Service Plans will be updated thereafter, aligning outcomes with the Programme priorities.
17. Business Intelligence Vision
Ro-innleachd Innleachd Gnothachais
There is circulated Report No. HC/28/22 dated 15 August 2022 by the Executive Chief Officer Performance and Governance.
The Council is invited to:
i. approve the priorities and principles set out in the Business Intelligence Vision as outlined in Appendix 1 to the report and in the report; and
ii. agree to the development of a detailed and costed implementation plan for business intelligence for submission to a future meeting of the Council.
18. Draft Remit - Climate Change Committee
Dreachd Raon-ùghdarrais – Comataidh Atharrachadh na Gnàth-shìde
There is circulated Report No. HC/29/22 dated 12 September 2022 by the Acting Depute Chief Executive and Executive Chief Officer Performance and Governance.
The Council is invited to discuss and agree the Terms of Reference for the Climate Change Committee.
19. National Care Service for Scotland Consultation
Co-chomhairle mu Sheirbheis Cùraim Nàiseanta airson Alba
There is circulated Report No. HC/30/22 dated 7 September 2022 by the Executive Chief Officer Health and Social Care.
The Council is invited to consider the terms of the consultation and:
i. note and approve the terms of response which has been issued to the consultation; and
ii. agree that there be continuing engagement with COSLA and SOLACE in terms of the impact the proposals may have on local authority functions going forward.
20. Community Asset Transfer Request – Playing Fields at Inverness Royal Academy
Iarrtas Gluasad So-mhaoin Coimhearsnachd – Raointean-cluiche aig Acadamaidh Rìoghail Inbhir Nis
There is circulated to Joint Report No. HC/31/22 dated 12 September 2022 by the Executive Chief Officer Communities and Place Executive Chief Officer Infrastructure, Environment & Economy.
The Council is asked to agree the following recommendation for transfer of the asset by lease, noting the Council would retain ownership, subject to the conditions set out in the report being met.
21. Timetable of Meetings 2022/23
Clàr-ama Choinneamhan 2022/23
The Council is asked to agree the:
i. following changes to the current timetable:
- North Planning Applications Committee from 13 September to 27 September
- City of Inverness Area Committee from 14 September to 26 September
- Education Committee from 15 September to 29 September
- South Planning Applications Committee from 20 September to 4 October
- Pensions Committee/Board from 29 September to 30 September
- Planning Review Body from 4 October to 5 October
- Sutherland Area Committee from 31 October to 7 November
ii. proposed Timetable of Meetings for 2023 as circulated.
22. State Funeral – Monday 19 September 2022
Tìodhlacadh Stàite – Diluain 19 Sultain 2022
There is circulated Report No. HC/32/22 dated 13 September 2022 by the Acting Depute Chief Executive.
The Council is invited to agree to homologate:
i. as a mark of respect, the Council will observe the state funeral of her Majesty The Queen Elizabeth on Monday 19 September 2022 and agreed to designate the day as a bank holiday for all staff;
ii. Offices, Schools and Service Points will be closed to the public on 19 September;
iii. time off will be given only for staff due to work on 19 September; and
iv. staff who are required to work that day be recompensed with an enhanced payment.
23. Deeds Executed
Sgrìobhainnean Lagha a Bhuilicheadh
Members are asked to note that a list of deeds and other documents executed on behalf of the Council since the meeting held on 30 June 2022 is available on the Council’s Website.
24. Exclusion of the Public
Às-dùnadh a’ Phobaill
The Council is asked to resolve that, under Section 50A(4) of the Local Government (Scotland) Act 1973, the public should be excluded from the meeting for the following item on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 6 & 9 of Part 1 of Schedule 7A of the Act.
25. Care Home Provision
Solar Dhachannan-Cùraim
There is circulated to Members only Report No. HC/33/22 dated 6 September 2022 by the Executive Chief Officer Health and Social Care.
Members are asked to agree the recommendation as detailed in the report.
26. Awards of Contract for Public and School Transport
Duaisean cùmhnaint airson còmhdhail phoblach is sgoile
There is circulated to Members only Report No. HC/34/22 dated 13 September 2022 by the Executive Chief Officer Infrastructure, Environment & Economy.
Members are asked to agree the recommendation as detailed in the report.
Read the Supplementary Agenda
In relation to the agenda and papers circulated for the above Meeting of the Highland Council, please find attached the undernoted which it was indicated would follow:-
AGENDA ITEM 9
Question Time
Àm Ceiste
There are circulated Responses to the Questions on the Council Agenda which it was indicated would follow –
Public Question
Ms L Boyle
To the Leader
“Given the plethora of issues at Beauly Primary School, not limited to, but including, asbestos in the roof of the canteen, being pecked off by birds and dropped on the ground; freezing cold classrooms and canteen facilities whereby children have to keep jackets, hats and gloves on to stay warm; damp and mould spores that are evident on the walls and ceilings and the smell of dampness which hits you in the face when you walk into the gym hall; unsafe buildings and an unsecure school site in general given that there is a road running through the school and the perimeter fence is unlocked as there is a public footpath running through the whole school site. Can the leader of the council confirm if, and when, construction of the new school will begin onsite?”
The current expenditure profile in the approved capital programme shows the bulk of the funding in financial years 2023/24 and 2024/25. Based on this existing plan, work on the new school would commence in late 2023.
Member Questions
- Mr A Christie
To the Leader
“Please could the Leader detail occasions since the establishment of the Administration up to the current date where he or the Chairs of the Strategic Committees have represented the Council in meetings with elected members of the Scottish Government or UK Government including the main topic of the meeting and the outcome?”
The following meetings have taken place: -
- Leader attended Green Energy Conference, Inverness and delivered keynote speech along with Michael Matheson MSP, Cabinet Secretary for Net Zero, Energy and Transport on 8 June 2022. Further meetings and discussions have and will take place as a result of the representation made at the conference.
- Leader met Iain Stewart MP, Parliamentary Under Secretary of State for Scotland to discuss the economic challenges and opportunities facing the Highlands on 9 June 2022. Further discussion was to take place during a visit of the Leader to Westminster however, this will be rescheduled due to the death of the late Queen Elizabeth.
- Leader met with Keith Brown MSP, Cabinet Secretary for Justice and Governance, standing in for Kate Forbes MSP, Cabinet Secretary for Finance, to discuss matters relating to Inverness and the Highlands as part of the Scottish Cities Alliance on 14 Jun 2022. Matters will continue to be discussed as part of the agenda of the Scottish Cities Alliance.
- Leader attended network event with Ivan McKee MSP, Minister for Business, Trade, Tourism and Enterprise to discuss and explore opportunities for the Scottish Cities Alliance, of which Highland Council is a member, on 15 Jun 2022. Matters will continue to be discussed as part of the agenda of the Scottish Cities Alliance.
- Leader attended a meeting with Jenny Gilruth MSP, Minister for Transport and Caithness Chamber of Commerce to discuss transport issues in Caithness on 15 June 2022. Matters will be progressed as part of the continued work of the Caithness Transport Forum.
- The Chair of Economy and Infrastructure Committee met with Jenny Gilruth MSP, Minister for Transport to discuss the Corran Ferry on 29 June 2022. The Minister has accepted an invitation to visit the Corran Ferry and explore and discuss options.
- Leader met Kate Forbes MSP, Cabinet Secretary for Finance, and the Economy to discuss constituency matters on 11 July 2022. Matters will be progressed by the office of the Cabinet Secretary and the Council as appropriate.
- The Chair of Economy and Infrastructure Committee met Tom Arthur MSP, Minister for Public Finance, Planning and Community Wealth to discuss Fort William 2024 on 21 July 2022. Matters will be progressed in respect of discussions.
- Chair of Education met Iain Stewart MP, Parliamentary Under Secretary of State for Scotland when he visited Skye (Staffin & Portree) to discuss harbour development and Levelling Up Bid for Portree on 25 July 2022. Matters will be progressed in respect of discussions.
- The Leader and The Chair of Economy and Infrastructure Committee met Michael Matheson MSP, Cabinet Secretary for Net Zero, Energy and Transport at the opening of Hydro Ness on 28 July 2022.
- Leader met with Jenny Gilruth MSP, Minister for Transport to discuss Uig Harbour Development on 8 Aug 2022. Actions and future meetings to progress were agreed.
- Leader met with Jenny Gilruth MSP, Minister for Transport to discuss Uig Harbour Development on 24 Aug 2022. Actions and future meetings to progress were agreed.
- Leader met with Jenny Gilruth MSP, Minister for Transport to discuss Uig Harbour Development on 25 Aug 2022. Actions and meetings were agreed and the outcome was subsequently reported in the press 2 Sept 2022.
- Leader met with Ian Blackford MP, Leader of SNP, Westminster, to discuss consituency matters on 29 Aug 2022. Matters will be progressed by the office of the Member of Parliament and the Council as appropriate.
- The Chair of Economy and Infrastructure Committee met Jenny Gilruth MSP, Minister for Transport to discuss Uig Harbour Development on 4, 8 August and 6 September 2022.
- Leader met with Emma Roddick MSP, to discuss matters in respect of ASN delivery on 7 Sept 2022. Matters will be progress by the office of the MSP and the Council as appropriate.
- Chair of Housing and Property met with Shona Robison, Cabinet Secretary for Social Justice, Housing and Local Government to discuss Housing/Homeless issues on 11 August 2022. Matters will be progressed in respect of discussions.
- Mr A Christie
To the Leader
“Could the Leader update Council as to the activity the Administration has undertaken since the 30th June in developing the new Council Programme, developing a strategy for the next revenue budget 2023/24, and working towards finalising a revised affordable capital programme and when this will be presented to Council?”
A progress update report on the development of the Council Programme will be considered at the Council meeting on 22 September 2022, and this update includes research undertaken, the identification of strategic priorities, and next steps.
In addition, there will also be reports considering the financial context setting out the situation which will influence the development of the revenue budget for 2023/24. Revenue funding will determine the affordability of capital investment and a revised capital programme will be submitted to the Council in due course.
- Mr A MacDonald
To the Leader
“Scottish Government have confirmed in response to recent enquiries that active consideration is being taken to connect Hebridean Islands by tunnels with distances far in excess of the short length to cover the Corran Narrows.
Would the Leader agree to write an open letter to Jenny Gilruth, The Minister of Transport urging that the Corran Narrows is added to the tunnel program?”
An outline feasibility study for fixed links and a tunnel at the Corran Narrows was prepared and the report was then submitted to Transport Scotland for consideration within the Strategic Transport Projects Review 2 (2022-2042). Unfortunately, this was not considered as a project to take forward into the STPR2.
I would like to provide an assurance that the Council will continue to take steps to explore a permanent link across the Corran Narrows which is in line with the previously prepared report and has an officer in place who will be leading on this project.
It should be noted that the ongoing Ferry replacement vessels project is essential to prevent service failure in the immediate and medium term, until a longer-term fixed link can potentially be delivered.
Further, I refer you to my answer to question one, that the Chair of Economy and Infrastructure Committee met with Jenny Gilruth MSP, Minister for Transport to discuss the Corran Ferry on 29 June 2022. The Minister has accepted an invitation to visit the Corran Ferry to explore and discuss options.
Given the ongoing programme as detailed in my answer and the already established communication channels with the office of the Cabinet Secretary for Transport, I consider that the request to write an open letter is superceded.
- Mr A Baldrey
To the Chair of Communities and Place
“What is the Council doing to encourage more allotments and food growing projects? Given the waiting list for these is long and the availability of current allotments is limited, and given the Council’s statutory duty to provide allotments, as well as Government policy to promote local food growing, how many new sites does the Council plan to open in the next twelve months?”
The Highland Council formally adopted the community food growing strategy “Growing our Future” in February 2022. The strategy was developed following thorough consultation with community groups, partner organisations and council staff. The strategy, and its accompanying guidance, can be found on the Council website https://www.highland.gov.uk/info/1210/environment/321/climate_change/7. Community food growing encompasses allotments, community orchards and general community food growing opportunities.
Unlike other local authorities, the Highland Council does not directly manage allotment sites, these are instead run by community-led allotment associations. Several of these are located on Council owned land, and we support the community-led groups which manage them.
As highlighted in the draft Communities and Place Service plan, an allotments review is being undertaken during 2022-2023, this will review the current allotment provision, and explore how the Council might support any necessary expansion.
While there are currently no new allotment sites planned to open in the next 12 months there has been discussion regarding the expansion of the Hawthorn allotment site in Inverness, which is located on Council owned land.
- Mr D Gregg
To the Chair of Economy and Infrastructure
“Does the Administration support the Cycling by Design 2021 guidelines produced by Transport Scotland?”
The Highland Council supports Transport Scotland’s Cycling by Design Guide (2021).
- Ms J McEwan
To the Leader
“What are the lessons learned from the “carefully planned closure” of Avonlea Children’s Home in Wick in terms of the impact on service users, the wider community, staff and the best practice in media handling?”
Action in respect of Avonlea Children’s home was in response to a poor inspection report and was to ensure that our children were safe. The engagement of the young people involved and taking their views into account was an important part of this process. The Chief Executive has already made a commitment to Caithness Members to visit Caithness and there will be an in person visit by the Executive Chief Officer for Health and Social Care and the Chief Executive in the month of September to meet and listen to young people and their families, staff, and local Members. This feedback will then be considered in quality assurance and performance forums and contained within performance reports at the Health and Social Care Committee.
- Ms A MacLean
To the Leader
“The Highland Council has had a longstanding commitment to replace St Clement’s School. The school provides for some of the most vulnerable children in Highland and is based in Dingwall. The current school accommodation has been rated poor for both Condition and Suitability and the limitations of much of the facilities that the pupils require including the outdoor space. The 2014 HMIe inspection made a number of recommendations and highlighted “The buildings do not provide a satisfactory range or quality of facilities. Corridors and doors are narrow and challenge pupils with limited mobility. One classroom can only be accessed through the staff room and there is a lack of space and specialist facilities.” The current school is not suitable in its condition or layout as a special needs school.
I welcome the report to the Education Committee on 15th September 2022 with the outcome of the statutory consultation and also reaffirming that Highland Council has identified £13m for the project within the capital plan. All the stakeholders, including the voice of the pupils have been working towards the new St Clement’s School for many years, however there is a concern that given Budget pressures that some projects may not be taken forward or that there will be slippage in some.
Will the Leader confirm the replacement school for St Clement’s School is proceeding with haste and what are the planned start and completion dates?”
The current expenditure profile in the approved capital programme shows the bulk of the funding in financial years 2024/25 and 2025/26. Based on this, we would program a start on site in late 2024, with the new building completed in spring 2026 and potentially opening in August 2026.
- Mr A Jarvie
To the Leader
“As the first Caithness Leader of the Highland Council, how will you specifically reverse the unfair funding methodology and ensure Caithness receives what it deserves?”
As the Leader of the Highland Council who is also a member from Caithness, I am committed to seeing that all areas of the Highlands receive the best levels of funding possible and that no area is seen to be disadvantaged in favour of another; that includes my home county of Caithness where I live.
- Mr C Balance
To the Chair of Corporate Resources
“In view of the announcement in the Holyrood Programme for Government that Councils will be empowered in the next year to introduce a Transient Visitor Levy, will you agree to commission a feasibility study by officers into the practicalities of introducing such a tax on visitors in hotels, larger b & bs, self-catering rental properties and mobile homes, including the possibility of exempting patients attending Raigmore or other medical appointments, and suggesting levels at which the tax could be levied, and projected income from it, so that this Council be ready to initiate such a tax as soon as it is possible.”
The Highland Council at its meeting on 9 Dec 2019 agreed that the consultation undertaken during 2019 by the Council constituted a mandate to introduce a Highland Transient Visitor Levy (TVL).
Included in this decision, was a consideration that a Highland TVL should be able to be applied, in ways other than just a ‘bed tax’, on those staying in paid overnight accommodation; that Highland residents should be exempted from paying a Highland TVL; that the Council should continue to work with the Scottish Government wherever possible to help shape other elements of the national approach to reflect the region’s needs and the results of the Highland consultation; that officials investigate logistical and financial implications of different models and work on the detail of a scheme with a view to producing a series of recommendations on the design of a scheme that would be brought back to a future meeting of the Council for approval.
As the Scottish Government has now commenced work on the TVL after the pandemic, discussions between Scottish Government officials, CoSLA and Council officers has also re-commenced. Future reports will therefore be presented to Council on this matter as details of the legislation and TVL become known.
- Mr R Gunn
To the Chair of Health, Social Care and Wellbeing
“Is the Chair in favour of the proposed National Care Service and what does he see as the biggest challenges to its introduction in Highland?”
There is a report before Council today setting out the Council’s response to the National Care Service (Scotland) Bill which is currently before Parliament. I am supportive of that response.
- Mrs H Crawford
To the Leader
“What criteria will Highland Council apply when deciding which of the new school building projects, as contained in the current capital plan, will take priority over the course of the session?”
The criteria will be established in due course for the review of the capital programme. However, the School Core Facts Criteria of Condition, Sufficiency and Suitability will be key, along with an assessment of all capital and revenue life cycle costs, and the availability of external funding.
- Mr M Reiss
To the Leader
“Respite Care at Thor House in Thurso has been stopped/massively reduced over the Pandemic period and, instead, the premises are now being used as a Residential Children’s Home. The Unit specifically provides services for those with disabilities and was highly regarded in this respect, being described as a “purpose built 4 bedded residential respite facility offering support to children up to 18 years of age with a learning disability”. It also provided day care support for up to 15 adults, some of which is continuing. Now those same Respite Service Users are being told to make alternative arrangements (sometimes at their own expense) in Inverness, 110 miles from Thurso or in Moray. When will the Administration fully reinstate this vital service for the benefit of families in Caithness and North Sutherland?”
Due to Covid restrictions, respite care was suspended throughout Scotland. Children and young people who were in crisis during this time were accommodated at Thor House. We will be looking at the provision of respite as part of service redesign and seeking to identify the needs of our population as we move forward. There had been a relatively low demand for this service in the North as people are using their Self-Directed support funding in different ways in terms of accessing the support they need.
Yours faithfully
Stewart Fraser
Head of Corporate Governance