Meeting Details

Under reference to Section 5.7 of the Councillors’ Code of Conduct Councillor Morrison declared an interst in item 3(a) ‘Update on Children’s social Work and Criminal Justice’ in her capacity as Vice-Chair of the Moray Integration Joint Board (MIJB) but would be relying on exemption as outlined in terms of Section 5.18 (2) (i) of the Councillors’ Code of Conduct to participate in this item.

Thereafter, in terms of Standing Order 20 and the Councillor's Code of Conduct, there were no declarations from Group leaders or Spokespersons in regard to any prior decisions taken on how members will vote on any item on the agenda or any declarations of Member's interests in respect of any item on the agenda.

A report was submitted by the Appointed Officer recommending that, for reasons detailed in the report, planning permission be granted for an application for the approval of the matters specified in condition 4 (layout of plot) condition 5 (plans sections and elevations) condition 6 (boundary treatments and other development) condition 7 (sections) condition 8 (landscaping) and condition 10 (affordable housing) of 19/00320/PPP to provide 8 affordable units on plot 13.2 at Land at North Whins, The Park, Findhorn, Moray

It was noted that the application could have been determined by the Appointed Officer under the recently revised scheme of delegation however would previously have been reported to the Planning and Regulatory Services Committee as it had been agreed at the meeting on 20 August 2019 that all further applications related to reference 19/00320/PPP be reported to the Planning and Regulatory Services Committee. As the Planning and Regulatory Services Committee is suspended, the application had been brought to the Emergency Cabinet under the agreed revised delegation scheme as it had been called in for determination by a member of the Emergency Cabinet.

Councillor Feaver sought confirmation that the ridge height of the buildings would not be above the bowl height as some of the diagrams appeared to indicate.

In response, Mr MacPherson, Principal Planning Officer advised that the levels vary across the development however the Applicant had went to great lengths to ensure that the development was lower in the landscape and not prevalent.

Councillor Feaver was of the view that the planning application was contrary to several polices within the Moray Local Development Plan (MLDP) 2020, namely PP1 (Placemaking) specifically in relation to part (v) biodiversity as it does not create a high quality, multifunctioning green blue space and does not save wildlife; EP 2 (Biodiversity) as the development would not create biodiversity; EP1 (Natural Heritage Designations) specifically in relation to part (iii) ensuring that compensatory measures are provided to ensure that the overall coherence of the Natural network is protected, as the impacts of the development cannot be mitigated to enhance the site; EP1 (d) European protected species as the lichen has been destroyed; EP1 (e) other protected species, EP 17 (Costal Change) is it will adversely affect the coastal protection zone; DP1 (Development Principles) (i) Design, specifically parts (b) (c) and (d), DP2 Housing specifically in relation to part (b) Piecemeal/individual plot development proposals as the development is taking place gradually and policy IMP1 (Developer Requirements) of the MLDP 2015 in terms of the scale and density of the development which is not appropriate to surrounding area.  Taking all of the above into consideration, Councillor Feaver moved that the Emergency Cabinet refuse planning permission in relation to Planning Application 20/00135/AMC.

In response, Mr MacPherson explained the transition from MLDP 2015 to MLDP 2020 in terms of the weight given to policies when determining planning applications however advised that the Emergency Cabinet were being asked to approve conditions from planning permission in principal for application 19/00320/APP that was approved by the Planning and Regulatory Services on 4 November 2019. 

Mrs Scott, Legal Services Manager further advised that as planning permission in principle had already been granted in respect of Planning Application 19/00320/PPP and that this application was to consider the conditions of the planning application, it was not appropriate to revisit the principles of the consent at this stage.

Councillor Feaver, having considered the advice from the Planning and Legal Advisers moved that the Emergency Cabinet refuse planning permission in respect of Planning Application 20/00135/AMC as, in her view, the proposal does not comply with DP2 (Housing) a) as the ridge height of the development would not be within the bowl height as expected.  On failing to find a seconder, Councillor Feaver’s motion fell.

Thereafter, the Emergency Cabinet agreed to grant planning permission in respect of Planning Application 20/00135/AMC subject to:

A report submitted by the Depute Chief Executive (Economy, Environment and Finance) informed the Emergency Cabinet of the disbursements made from Trusts in 2019/20 and asked the Cabinet to agree the estimated disposable income available for disbursement in 2020/21.

During discussion Councillor Gatt asked whether the limit relating to the dispersal of funds could be removed from those where the income was less than £50 which in turn would allow for those smaller funds to be closed.

In response the Head of Strategy, Governance and Performance advised that it would be reasonable to review this and would look into the matter.

In response to queries raised by Councillor Feaver the meeting noted that information would be circulated to members in relation to how the proceeds from the sale of Logie Cottatge would be dispersed and that the Head of Financial Services would look into the issue of how to publicise more widely the details and objectives of Donald Manson Trust Fund.

Following consideration the Emergency Cabinet agreed to:

A report submitted by the Depute Chief Executive (Economy, Environment and Finance) informed the Cabinet of the final position of Common Good Funds at 31 March 2020 and the estimated income available for disbursement in 2020/21. The report also asked the Cabinet to approve carry forward of undisbursed balances for 2019/20 to be made available in 2020/21 and approve the estimated income available for disbursement in 2020/21.

During discussion Councillor Gatt asked whether the information relating to deficit and income respectively could be combined into a single appendix as he found the current format confusing where information was spread across two separate appendices.  He further asked whether some explanatory notes could also be included to provide information relating to the varous income streams for example.

In response the Head of Financial Services advised that both appendices could be combined in future.

Councillor Feaver stated that there was currently no indication within the annual accounts that showed how much individual organisations were receiving from common good funds and asked if there was a possibility of making the accounts more transparent by showing this type of information.

In response the Head of Financial Services advised that the accounts were laid in terms of the Council’s statutory requirements and should not show individual arrangements but would give consideration to the point raised as to how this may be addressed within the management information that is provided to Members.

Thereafter Cabinet agreed to:

A report submitted by the Depute Chief Executive (Economy, Environment And Finance) asked  the Emergency Cabinet to agree the updated Flood Risk and Drainage Impact Assessment for New Developments Supplementary Guidance (SG) and delegate authority to the Head of Economic Growth & Development to submit the updated SG to the Scottish Government for approval.

Following discussion the Emergency Cabinet agreed:-

Under reference to paragraph  of the minute of the meeting of Moray Council dated 17 June 2020, a report by the Depute Chief Executive (Education, Communities And Organisational Development) asked the Emergency Cabinet to consider and agree the revised committee calendar.

During discussion the Chair asked that the meetings of the Moray Integration Joint Board (MIJB) be included in the calendar as this would be helpful for Members.

Following consideration the Emergency Cabinet agreed the revised committee calendar as set out in Appendix 1 of the report with the addition of the MIJB.

Councillor Feaver asked, in light of the items that are of public interest which will be discussed in private following this meeting on the opening of toilets, economic development recovery and charging of car parking, why is so much of ongoing council business is being discussed in private by the Sounding Board rather than as information items to the Emergency Cabinet which would allow public and press scrutiny and demonstrate a degree of democracy?

In response the Depute Chief Executive (Economy, Environment and Finance) advised that it was simply a reflection of the fact that as the Council entered the pandemic, the Council’s response and more recently the recovery processes, have been channelled through the Council’s Recovery and Renewal Management Team and issues which have been judged higher risk where Members input is required are then fed through the Sounding Board process. She further referred to the governance around that process which had been subject to previous debates by the Council. She further advised that many of the recovery issues are based around operational matters which can be discussed more appropriately in the Sounding Board context rather than at committee which should not be getting into operational details such as what cleaning products are in place etc.  The use of the Sounding Board was not in any way intended to constrain transparent public debate.

The Chief Executive advised that it has been about striking a balance between what needs to be done operationally and what Councillors need to be involved in.  He referred to a recent paper which summarised the situation across Scotland in terms of the balance of decision making through democratic processes and decision making through emergency powers and that Moray was in the top 3 in terms of that balance.  He further advised that all the decisions that are being taken are within the bounds of the Council’s own policies and some of the wider legislation which the Council is required to respond to in terms of the ongoing COVID-19 situation and hoped that this provided the assurance that Councillor Feaver was seeking that everything is being done to get the public toilets, car parking and a whole range of services back up and running as soon as possible.  He further advised that in respect of the Lands and Parks services and those within Direct Services were almost recovered in terms of operating and that hopefully the public is reassured by that also.

In response Councillor Feaver stated that she had little to add to what had been said other than the fact that the Sounding Board is discussing ongoing council business and not, in her opinion, emergency business in confidence where the public can have no say.

In response the Council Leader stated that he took issue with the inference made by Councillor Feaver that the operation of the Sounding Board was undemocratic as the decision to form the Sounding Board was taken by the full council, the review of its continuation was also by taken by the full council and on both occasions followed a democratic vote with the majority decision to continue with both the Emergency Cabinet and the Sounding Board.  He further stated that this was the democratic decision of the Council which has put in place review processes which have been, and will continue to be, adhered to and Members will be given the opportunity to express a view on whether they want these to continue or not.

Councillor Alexander asked if the Council Leader had received a response or acknowledgement from the Chancellor of the Exchequer to the letter he had sent some time ago?

In response the Council Leader stated that he had received a comprehensive response from the Scottish Government Cabinet Secretary for Finance Kate Forbes MSP which he had been hoping to circulate along with a response from the Chancellor but had not yet received a response from him.  However, he would now circulate the response from Kate Forbes MSP and will await a response from the Chancellor.

The meeting was chaired by Councillor Morrison.

The Chair expressed thanks to all employees for all they have done over such a challenging time for the country and for all the work they have undertaken which has been greatly appreciated.  She stated that she wished to give extra thanks to the educators and young people in Moray who have done a tremendous job over the last few months in the most difficult of circumstances, and to the parents in their response to the home learning that they have undertaken over the last 14 weeks and hoped that as they head towards the summer break they enjoy some rest and relaxation.

On the invitation of the Chair, Councillor Cowe addressed the meeting.  He referred to an announcement that two contract workers employed by Voker Fizpatrick at RAF Lossiemouth had been tested for COVID-19 and stated that he wished to raise the concerns on behalf of residents from the local areas in and around Lossiemouth following this announcement.  He advised that due to the concerns raised, Richard Lochhead, MSP had held a zoom meeting with members from the Community Councils of Lossiemouth, Burghead, and Elgin and Hopeman Community Association along with himself and some others to dicsuss the situation and he had been asked by those attending the meeting to ask if the Council would facilitate a meeting of all interested parties in order to address the concerns of the local community.

In response the Chief Executive advised that he could request a meeting and would be gided by the Emergency Cabinet in this regard.

Following discussion the Chair suggested that the Chief Executive in consultation with the Council Leader seek to organise a meeting.  This was agreed.

In terms of Standing Order 28 the meeting agreed to vary the order of business and bring forward Item 6 on the Agenda ‘Flood Risk and Drainage Impact Assessmentfor New Developments Supplementary Guidance’ to follow Item 3 on the Agenda ‘Planning Application 20/00135/AMC’ in order for those officers in attendance for both items to be excused from the meeting at an earlier time.

Councillor Gatt referred to the previous discussions relating to the issues raised in regard to workers employed at RAF Lossiemouth and to a press release just issued from the contractor Voker Fitzpatrick which he stated goes some way to putting minds at ease with the situation regarding the workers who had alledgedly possibly had contracted COVID-19.  He stated that he welcomed the press release  which should provide the community with some confidence as to how the health and safety of the workforce at RAF Lossiemouth is managed.  He further referred to the fact we live in an age of social media where everything is made public and urged everyone to take care when posting information to ensure that it is 100% fact and this was particulary important when referring to somewhere like RAF Lossiemouth which represents a large part of the economy of Moray.

Councillor Cowe in agreeing with Councillor Gatt’s comments regarding the importance of RAF Lossiemouth to the Moray economny, further stated that in addition to the press release, he had received an email from Douglas Ross MP which had been sent to all the Heldon and Laich Councillors which stated that he was having extensive discussions with the government minister Jeremy Quinn MP in charge of the improvement project  and that he had agreed a request for a vitual meeting on Thursday 2 July with all the local elected members and members of community groups in the area.  Councillor Cowe stated that he would still wish the meeting previously agreed by this meeting go ahead.

In response the Chief Executive advised that during the course of this meeting he had had a telephone conversation with the Station Commander RAF Lossiemouth which echoed all that Councillor Cowe had stated and it was his understanding that there will indeed be a zoom meeting on Thursday 2 July at 09.30 am hosted by the appropriate government minister.  He further advised that he would be liaisng during the course of the afternoon at the request of the Station Commander with Mrs Sarah Evans in regard to who should be participating in that meeting and it was his understanding that it is cross party Councillors and appropriate community representatives.