COM/S2/05/8/A

COMMUNITIES COMMITTEE

AGENDA

8th Meeting, 2005 (Session 2)

Wednesday 9 March 2005

The Committee will meet at 9.30 am in Committee Room 6.

1. Item in private: The Committee will consider whether to take item 5 in private.

2. Subordinate legislation: Johann Lamont MSP (Deputy Minister for Communities) to move the following motion—

S2M-2404 Johann Lamont: The Draft Housing Support Grant (Scotland) Order 2005—That the Communities Committee recommends that the draft Housing Support Grant (Scotland) Order 2005 be approved.

3. Subordinate legislation: The Committee will consider the following negative instrument—

the Housing Revenue Account General Fund Contribution Limits (Scotland Order 2005 (SSI 2005/62).

4. Draft Scottish Planning Policy (SPP) 16: Opencast Coal: The Committee will take evidence on the Executive’s draft planning guidance on the working of opencast coal from—

Johann Lamont MSP, Deputy Minister for Communities.

5. The proposed housing bill: The Committee will consider its approach to the bill at Stage 1.

Steve Farrell

Clerk to the Committee Tel. 0131 348 5211

email: steve.farrell@scottish.parliament.uk

COM/S2/05/8/A

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The following papers relate to the meeting: Agenda Item 2 Note by the Clerk (SSI attached) COM/S2/05/8/1 Agenda Item 3 Note by the Clerk (SSI attached) COM/S2/05/8/2 Agenda Item 4 Note by the Clerk and SPICe (private paper) COM/S2/05/8/3 (P) Agenda Item 5 Note by the Clerk (private paper) COM/S2/05/8/4 (P)

COM/S2/05/8/1

COMMUNITIES COMMITTEE

9 March 2005

SUBORDINATE LEGISLATION

The Housing Support Grant (Scotland) Order 2005 (draft)

1. The draft Housing Support Grant (Scotland) Order 2004 was previously circulated to Committee members on 11 February 2005. An Executive Note accompanies the instrument.

2. The Order sets the amount of Housing Support Grant (HSG) payable to local

authorities in 2005-06. This is required under sections 191 and 192 of the Housing (Scotland) Act 1987. The 2005 order prescribes that two local authorities should qualify for HSG and these are the same authorities as qualified in the previous year. The Executive state that without this subsidy these councils would have to increase their council house rents substantially.

3. The Executive have also consulted on the Order with CoSLA who had no

comment to make.

4. The Committee considered the draft Housing Support Grant (Scotland) Order 2004 at its meeting on 17 March 2004 and agreed that it had no recommendations to make in relation to the instrument.

5. The Subordinate Legislation Committee reported1 that it did not need to draw

the attention of the Parliament to the instrument on any of the grounds within its remit.

6. The draft Housing Support Grant (Scotland) Order 2005 was laid on 3

February 2005, and is subject to affirmative procedure under Rule 10.6 of the Standing Orders. The Deputy Minister for Communities will attend the meeting to speak to and move motion S2M-2404 for the instrument. The Committee should decide if it agrees or disagrees to the motion and is required to report by 21 March 2005.

1 Subordinate Legislation Committee, 6th Report, 2005 (Session 2), Report on Subordinate Legislation.

COM/S2/05/8/2

COMMUNITIES COMMITTEE

Wednesday 9 March 2005

SUBORDINATE LEGISLATION

The Housing Revenue Account General Fund Contribution Limits (Scotland) Order 2005, (SSI 2005/62)

1. The Housing Revenue Account General Fund Contribution Limits (Scotland)

Order 2005, (SSI 2004/62) was previously circulated to Committee members on 11 February 2005. An Executive Note accompanies the instrument. No motions to annul this instrument have been lodged.

2. The Order proposes that local authorities should not be able to include in their

estimates for the financial year 2005-06 any contributions from their general fund to their Housing Revenue Account (HRA). The Executive has consulted on the Order with CoSLA. The Executive’s intention is that the instrument should ensure that there are no additional pressures on council tax payers as a result of a cross subsidy from councils’ general funds to the HRA.

3. The Committee considered the Housing Revenue Account General Fund

Contribution Limits (Scotland) 2004 (SSI 2004/60) at its meeting on 17 March 2004 and agreed that it had no recommendations to make in relation to the instrument.

4. The Subordinate Legislation Committee reported1 that it did not need to draw

the attention of the Parliament to the instrument on any of the grounds within its remit.

5. The Order was laid on 7 February 2005, and is subject to negative procedure.

Under Rule 10.4 of the Standing Orders, this means it comes into force and remains in force unless it is annulled by the Parliament within 40 days of being laid before the Parliament. Any MSP may lodge a motion seeking to annul such an instrument, and if such a motion is lodged, there must be a debate on the instrument at a meeting of the Committee. The Committee is required to report on the instrument by 21 March 2005.

1 Subordinate Legislation Committee, 8th Report, 2005 (Session 2), Report on Subordinate Legislation.

COM/S2/05/7/M

COMMUNITIES COMMITTEE

MINUTES

7th Meeting, 2005 (Session 2)

Wednesday 2 March 2005

Present:

Scott Barrie Cathie Craigie Donald Gorrie (Deputy Convener) Linda Fabiani Christine Grahame Patrick Harvie John Home Robertson Mary Scanlon Karen Whitefield (Convener) Also present: Alex Fergusson, Karen Gillon and David Mundell The meeting opened at 9.32 am. 1. Draft Scottish Planning Policy (SPP) 16: Opencast Coal: The Committee took

evidence on the Executive’s draft planning guidance on the working of opencast coal from—

Panel 1

Duncan McLaren, Chief Executive, Friends of the Earth Scotland

Panel 2

Ann Coleman, Co-opted Member, Greengairs Community Council and Secretary, Greengairs Environmental Forum

Lindsay Addison, Chair and Thomas Cronin, Douglas Community Council (incorporating Glespin and surrounding areas) and Henry Thomson, Glespin Community Group

Lawrence Fitzpatrick, Convenor and Dr John Munro, Scotland Opposing Opencast (SOOT)

COM/S2/05/1/M

Panel 3

David Brewer, Director General, Confederation of UK Coal Producers (CoalPro)

Niall Crabb, Director, Scottish Coal

Ian Wilson, Director of Mining, Project and Property, Coal Authority

Panel 4

Martin Gaughan, Acting Regional Secretary, Transport and General Workers’ Union (TGWU) Scotland

Nicky Wilson, Scottish General Secretary, National Union of Miners (NUM): Scottish Area

Stephen Boyd, Assistant Secretary, Scottish Trades Union Congress (STUC)

Panel 5

Richard Hartland, Chair of Development Control Committee, Scottish Society of Directors of Planning (SSDP)

Councillor James Kelly, Chair of Housing and Hugh Melvin, Principal Planning Officer, East Ayrshire Council

The meeting was suspended from 10.17 to 10.21 am; from 11.14 to 11.18am; from 12.27 to 12.29 pm and from 12.59 to 13.02pm.

The meeting closed at 13.38 pm.

Steve Farrell Clerk to the Communities Committee

Tel: 0131 348 5211 email: steve.farrell@scottish.parliament.uk