Attachments: HC0226-405 Melvaig - Rua Reidh Lighthouse Rd.Msg

From: William Gilfillan To: Iain Moncrieff; Tracey Urry; Graham Mackenzie - CS Cc: Marianne Grech; Miles Watters Subject: RE: Stage 2 complaint HC0822-1074 Mr Kerry Date: 14 December 2016 16:16:49

Folks

This is serious stuff. I do not want the Information Commissioner writing to Steve as it will simply be embarrassing for the Service given how long this is outstanding.

Tracey – we need the response to Miles this week please to enable him to close these off.

Thanks W

From: Miles Watters Sent: 14 December 2016 16:13 To: William Gilfillan Cc: Iain Moncrieff; Marianne Grech; Miles Watters; Tracey Urry Subject: RE: Stage 2 complaint HC0822-1074 Mr Kerry

William No. He submitted subsequent requests after I responded to HC0226-405 along with complaints. I forwarded these to Tracey.

He asked for all associated correspondence regarding the Council’s deliberation about the legal status of the road and the Council’s duties. I need to see what staff hold in order that I can check with Karen Lyons whether anything or everything is exempt.

He also has specifically asked for any documents held by Graham Mackenzie when he inspected the road prior to the summer. If we don’t hold anything we still need to tell him.

Miles

From: William Gilfillan Sent: 14 December 2016 16:02 To: Iain Moncrieff; Marianne Grech; Miles Watters; Tracey Urry Cc: Lawrence Jones Subject: RE: Stage 2 complaint HC0822-1074 Mr Kerry

Miles

Does this deal with the 2 outstanding FOI requests?

From: Iain Moncrieff Sent: 14 December 2016 13:23 To: Marianne Grech; Miles Watters; Tracey Urry; William Gilfillan Cc: Lawrence Jones Subject: RE: Stage 2 complaint HC0822-1074 Mr Kerry

All,

Please see attached email to Mr Kerry which I think answers all his outstanding queries from HC0922-`074. HC02246-405 and HC0822-975. Couldn’t find anything for ENQ 28254

Can you close these off please?

Regards Iain

From: Marianne Grech Sent: 14 December 2016 13:00 To: Miles Watters; Iain Moncrieff; Tracey Urry; William Gilfillan Cc: Lawrence Jones Subject: RE: Stage 2 complaint HC0822-1074 Mr Kerry

Thanks Miles We will do what we can to assist getting these FOI completed.

Kind regards Marianne

From: Miles Watters Sent: 14 December 2016 12:50 To: Marianne Grech; Iain Moncrieff; Tracey Urry Cc: Lawrence Jones Subject: RE: Stage 2 complaint HC0822-1074 Mr Kerry

Marianne, Iain has responded to the complaint but there are still 2 FOI requests which haven’t been responded to.

Failure to respond this week will mean that Mr Kerry is free to appeal to the Scottish information commissioner.

Miles

From: Marianne Grech Sent: 14 December 2016 12:40 To: Iain Moncrieff; Tracey Urry Cc: Lawrence Jones; Miles Watters Subject: FW: Stage 2 complaint HC0822-1074 Mr Kerry

Hi Iain

Please could we have an update on this case?

Many thanks Marianne

From: Marianne Grech Sent: 18 November 2016 11:56 To: Iain Moncrieff Subject: Stage 2 complaint HC0822-1074 Mr Kerry

Hi Iain In view of the lateness of this response , is it going to be Stage 2? Do you want to forward the draft for me to print off for Tracy’s approval/signature?

Kind regards Marianne From: Iain Moncrieff To: Marianne Grech; Miles Watters; Tracey Urry; William Gilfillan Cc: Lawrence Jones Subject: RE: Stage 2 complaint HC0822-1074 Mr Kerry Date: 14 December 2016 13:23:07 Attachments: HC0226-405 Melvaig - Rua Reidh Lighthouse Rd.msg

All,

Please see attached email to Mr Kerry which I think answers all his outstanding queries from HC0922-`074. HC02246-405 and HC0822-975. Couldn’t find anything for ENQ 28254

Can you close these off please?

Regards Iain

From: Marianne Grech Sent: 14 December 2016 13:00 To: Miles Watters; Iain Moncrieff; Tracey Urry; William Gilfillan Cc: Lawrence Jones Subject: RE: Stage 2 complaint HC0822-1074 Mr Kerry

Thanks Miles We will do what we can to assist getting these FOI completed.

Kind regards Marianne

From: Miles Watters Sent: 14 December 2016 12:50 To: Marianne Grech; Iain Moncrieff; Tracey Urry Cc: Lawrence Jones Subject: RE: Stage 2 complaint HC0822-1074 Mr Kerry

Marianne, Iain has responded to the complaint but there are still 2 FOI requests which haven’t been responded to.

Failure to respond this week will mean that Mr Kerry is free to appeal to the Scottish information commissioner.

Miles

From: Marianne Grech Sent: 14 December 2016 12:40 To: Iain Moncrieff; Tracey Urry Cc: Lawrence Jones; Miles Watters Subject: FW: Stage 2 complaint HC0822-1074 Mr Kerry

Hi Iain

Please could we have an update on this case?

Many thanks Marianne

From: Marianne Grech Sent: 18 November 2016 11:56 To: Iain Moncrieff Subject: Stage 2 complaint HC0822-1074 Mr Kerry

Hi Iain In view of the lateness of this response , is it going to be Stage 2? Do you want to forward the draft for me to print off for Tracy’s approval/signature?

Kind regards Marianne From: Marianne Grech To: Miles Watters; Iain Moncrieff; Tracey Urry; William Gilfillan Cc: Lawrence Jones Subject: RE: Stage 2 complaint HC0822-1074 Mr Kerry Date: 14 December 2016 12:59:48

Thanks Miles We will do what we can to assist getting these FOI completed.

Kind regards Marianne

From: Miles Watters Sent: 14 December 2016 12:50 To: Marianne Grech; Iain Moncrieff; Tracey Urry Cc: Lawrence Jones Subject: RE: Stage 2 complaint HC0822-1074 Mr Kerry

Marianne, Iain has responded to the complaint but there are still 2 FOI requests which haven’t been responded to.

Failure to respond this week will mean that Mr Kerry is free to appeal to the Scottish information commissioner.

Miles

From: Marianne Grech Sent: 14 December 2016 12:40 To: Iain Moncrieff; Tracey Urry Cc: Lawrence Jones; Miles Watters Subject: FW: Stage 2 complaint HC0822-1074 Mr Kerry

Hi Iain

Please could we have an update on this case?

Many thanks Marianne

From: Marianne Grech Sent: 18 November 2016 11:56 To: Iain Moncrieff Subject: Stage 2 complaint HC0822-1074 Mr Kerry

Hi Iain In view of the lateness of this response , is it going to be Stage 2? Do you want to forward the draft for me to print off for Tracy’s approval/signature?

Kind regards Marianne From: Stewart Fraser To: Richard Greene - Member Subject: RE: Ian Moncrieff Date: 02 December 2016 14:48:00

Afternoon Richard

I am not sure there is anything I can add- I know Karen has replied to Ian (17/11) and imagine this may be one item sitting in what will have been a very full inbox given his attendance at the Court of Session.

Kind regards

Stewart

From: Richard Greene - Member Sent: 02 December 2016 12:34 To: Stewart Fraser Subject: FW: Ian Moncrieff

Afternoon Stewart I forwarded this latest email to Karen but she is on leave until 15th December. I have spoken to William Gilfillan who suggests that I advise that Iain Moncrieff has been involved for over two weeks in a Fatal Accident Inquiry and so other matters have slipped back. Any advice Richard

From: Richard Greene - Member Sent: 02 December 2016 12:25 To: Karen Lyons Subject: FW: Ian Moncrieff

Hi Karen Are we near to getting the statement about the road out yet. As you can see from below pressure from the GCC is mounting. I have sent a “holding” response. I have a meeting with the Leader at 12.30 but will be free after 1pm if you wish to discuss. Have to leave by 2.30pm latest. Richard

From: Richard Greene - Member Sent: 02 December 2016 12:20 To: Subject: RE: Ian Moncrieff

Hi I am in HQ today at meetings and will speak with Legal and see if we can move things on.

Regards

From: Iain Moncrieff To: Karen Lyons; Richard Greene - Member; Robbie Bain; Philip Waite; Erica McArthur Cc: Stewart Fraser; Miles Watters Subject: RE: DRAFT RE: Rua Reidh Lighthouse Date: 17 November 2016 20:14:04

Thanks Karen.

All, please see amended draft

Regards Iain

HC0226-405 Is the private road from melvaig to the lighthouse a 'road' under the roads (Scotland) Act? Yes the private road from Melvaig to Rua Reidh Lighthouse is considered to be a ‘road’ as defined in the Roads (Scotland) Act 1984.

Is the Highland Council the 'roads authority 'with responsibilities for this road? Yes, the Council is the roads authority for roads in Highland other than special roads (as defined by the Act). The Roads (Scotland) Act 1984 gives the roads authority powers to consent to obstructions in roads and remove those that have no consent. The police have equivalent powers as regards obstructions in roads. In addition, the landowner may take action albeit this is not a statutory power.

What is the extent of the road - does it extend to the walls and parking areas of the lighthouse. If not, why not? The road is considered to extend from the end of the public road to the lighthouse car park and includes all verges and bridges.

Is highland council content that a public right of passage was established on this road by prescription in the forty years afer it was built or during the period of 23 years it was owned and run by Fran Cree and Chris Barrett? A public right of passage exists over the road from the end of the adopted road at Melvaig to the lighthouse car park. May a frontager to a 'road' under the Act erect a gate to prevent the public from exercising their right of passage? An obstruction may not be placed on a road without the Road Authority’s consent. No such consent was given by The Highland Council. May the same frontage block the ‘road’ with another vehicle, by standing in the way to prevent passage, or placing rocks across the road? The Roads (Scotland) Act 1984 s59 states that ‘nothing shall be placed or deposited in a road so as to cause an obstruction except with the roads authority’s consent in writing and in accordance with any reasonable conditions which they think fit to attach to the consent.’

From: Karen Lyons Sent: 17 November 2016 18:50 To: Iain Moncrieff; Richard Greene - Member; Robbie Bain; Philip Waite; Erica McArthur Cc: Stewart Fraser; Miles Watters Subject: RE: DRAFT RE: Rua Reidh Lighthouse

Thanks Iain My only suggestion relates to your answer to Q2, I think you could add in reference to the Police and the landowner, as follows:

I’m not totally happy with that last sentence but it is getting late... K Karen Lyons Principal Solicitor (Planning) Corporate Development Service The Highland Council Tel: 01463 702194 Fax: 01463 702198 Email: [email protected]

Any internal legal advice provided herein is for the Client Service only. Written permission must be sought from the author prior to any disclosure to an external organisation or third party.

From: Karen Lyons To: Iain Moncrieff; Richard Greene - Member; Robbie Bain; Philip Waite; Erica McArthur Cc: Stewart Fraser; Miles Watters Subject: RE: DRAFT RE: Rua Reidh Lighthouse Date: 17 November 2016 18:49:40 Attachments: RE DRAFT RE Rua Reidh Lighthouse.msg

Thanks Iain My only suggestion relates to your answer to Q2, I think you could add in reference to the Police and the landowner, as follows:

Any internal legal advice provided herein is for the Client Service only. Written permission must be sought from the author prior to any disclosure to an external organisation or third party.

All,

Please accept my apologies for the delay in drafting this FOI. Before I issue it can you have a look and comment. I’ve deliberately kept it brief and factual.

Gairloch CC is also asking for an update on the situation and again I’d welcome any guidance re this together with any further steps.

Regards Iain

Is the Highland Council the 'roads authority 'with responsibilities for this road? The Roads (Scotland) Act 1984 places duties on The Highland Council with respect to this ‘road’. These duties include ensuring obstructions are not placed within the road to prevent access. What is the extent of the road - does it extend to the walls and parking areas of the lighthouse. If not, why not? The road is considered to extend from the end of the public road to the lighthouse car park and includes all verges and bridges.

From: Karen Lyons Sent: 10 November 2016 15:13 To: Iain Moncrieff; Richard Greene - Member; Robbie Bain; Philip Waite; Erica McArthur Cc: Stewart Fraser; Miles Watters Subject: RE: DRAFT RE: Rua Reidh Lighthouse

Dear Iain Apologies for my delay in responding to your email, which I have added into the body of this email for ease of reference. I have added in my comments in colour.

Iain’s email: DRAFT ONLY

Karen,

I agree with your analysis but note that you haven’t defined the Local Roads Authority.

Looking through the Roads (Scotland) Act I’m not convinced that THC are the Roads Authority for this road. • S1(1) notes the LRA will manage and maintain all public roads entered in the List of Public Roads. • S1(9) also notes that listed roads are vested with the LRA. On this basis, as the road in question is not ‘Listed’ THC have no duty or responsibility to manage the road. Consequently it would be the road’s owner who would be responsible for managing it. Section 1 falls within Part I of the Act which refers only to Public Roads and details the general powers and duties of roads authorities in respect of public roads. The Act has sections that refer to “public roads”, and sections that refer to “private roads” and “roads”. While those sections that refer to “public roads” are not applicable in this instance, those sections that refer to “private roads” and “roads” are applicable in so far as they relate to the issues raised at Rua Reidh. There is no equivalent to section 1(1) for private roads and your interpretation that it would be the road’s owner who is responsible for managing it is certainly attractive. However, because the definition of roads authority refers to “road or proposed road” not just “public road”, I think the Council would be criticised if it tried to avoid all responsibility. Hence the next steps in my note where I indicated that the owner should also be encouraged to also take action. However in s151 Interpretations: • Private road mean any road other than a Public Road which is entered into the List of Adopted Roads. Yes. • A Road is defined as any way over which there is a public right of passage. Yes. • Roads Authority is the regional council within whose area the road lies. Now the unitary authority. This suggests that THC are the Roads Authority Agreed.

Any help much appreciated in clarifying this before I draft a reply to the FOI.

Karen Lyons Principal Solicitor (Planning) Corporate Development Service The Highland Council Tel: 01463 702194 Fax: 01463 702198 Email: [email protected]

Any internal legal advice provided herein is for the Client Service only. Written permission must be sought from the author prior to any disclosure to an external organisation or third party.

DRAFT ONLY

Karen,

I agree with your analysis but note that you haven’t defined the Local Roads Authority.

However in s151 Interpretations: • Private road mean any road other than a Public Road which is entered into the List of Adopted Roads. • A Road is defined as any way over which there is a public right of passage. • Roads Authority is the regional council within whose area the road lies. This suggests that THC are the Roads Authority

Any help much appreciated in clarifying this before I draft a reply to the FOI.

From: Karen Lyons To: Iain Moncrieff; Richard Greene - Member; Robbie Bain; Philip Waite; Erica McArthur Cc: Stewart Fraser; Miles Watters Subject: RE: DRAFT RE: Rua Reidh Lighthouse Date: 10 November 2016 15:12:59 Attachments: DRAFT RE Rua Reidh Lighthouse.msg

Dear Iain Apologies for my delay in responding to your email, which I have added into the body of this email for ease of reference. I have added in my comments in colour.

Iain’s email: DRAFT ONLY

Karen,

I agree with your analysis but note that you haven’t defined the Local Roads Authority.

Any help much appreciated in clarifying this before I draft a reply to the FOI.

Karen Lyons Principal Solicitor (Planning) Corporate Development Service The Highland Council Tel: 01463 702194 Fax: 01463 702198 Email: [email protected]

Any internal legal advice provided herein is for the Client Service only. Written permission must be sought from the author prior to any disclosure to an external organisation or third party.

DRAFT ONLY

Karen,

I agree with your analysis but note that you haven’t defined the Local Roads Authority.

Any help much appreciated in clarifying this before I draft a reply to the FOI.

From: Iain Moncrieff To: Karen Lyons; Richard Greene - Member; Robbie Bain; Philip Waite; Erica McArthur Cc: Stewart Fraser; Miles Watters Subject: DRAFT RE: Rua Reidh Lighthouse Date: 21 October 2016 11:47:08 Importance: High

DRAFT ONLY

Karen,

I agree with your analysis but note that you haven’t defined the Local Roads Authority.

Looking through the Roads (Scotland) Act I’m not convinced that THC are the Roads Authority for this road.

· S1(1) notes the LRA will manage and maintain all public roads entered in the List of Public Roads.

· S1(9) also notes that listed roads are vested with the LRA. On this basis, as the road in question is not ‘Listed’ THC have no duty or responsibility to manage the road. Consequently it would be the road’s owner who would be responsible for managing it.

However in s151 Interpretations:

· Private road mean any road other than a Public Road which is entered into the List of Adopted Roads.

· A Road is defined as any way over which there is a public right of passage. · Roads Authority is the regional council within whose area the road lies. This suggests that THC are the Roads Authority

Any help much appreciated in clarifying this before I draft a reply to the FOI.

Regards

Iain From: Karen Lyons Sent: 04 October 2016 16:43 To: Richard Greene - Member; Iain Moncrieff; Robbie Bain; Philip Waite; Erica McArthur Cc: Stewart Fraser; Miles Watters Subject: Rua Reidh Lighthouse

Dear All Please see enclosed my advice on the status of the route to the lighthouse. It should not be taken as the agreed Council position as it will be for Community Services to decide whether or not they accept my advice. I would not recommend that my advice be issued to either the Community Council or the lighthouse cottage owners (or any other party) until such time as Community Services have decided what their position is to be. Happy to discuss. Karen

Karen Lyons Principal Solicitor (Planning) Corporate Development Service The Highland Council Tel: 01463 702194 Fax: 01463 702198 Email: [email protected]

Any internal legal advice provided herein is for the Client Service only. Written permission must be sought from the author prior to any disclosure to an external organisation or third party.

From: Philip Waite To: Miles Watters; Tracey Urry Cc: Iain Moncrieff; Community Services - Headquarters Subject: RE: Outstanding complaint/FOI Request Date: 18 October 2016 16:37:12 Attachments: Rua Reidh Lighthouse.msg RE Rua Reidh Lighthouse.msg

Miles, To update you on the issue below assigned to me; I responded directly to Mr Kerry by email on 2/8/16 and 22/8/16, copies attached. I stated that I was awaiting legal advice which I received a few days later and sent a letter to the Maclachlans on 25/8/16 but did not inform Mr Kerry. I was still awaiting the advice regarding the road, received on 4/10/16 I was having problems with the CRM system at the time and so had not closed it.

Regards, Philip Waite Countryside Team Leader The Highland Council Council Offices Dingwall IV15 9QN

Tel. 01349 868431 Mob. 07818 588214

From: Miles Watters Sent: 13 October 2016 12:50 To: Tracey Urry Cc: Iain Moncrieff; Community Services - Headquarters; Philip Waite Subject: RE: Outstanding complaint/FOI Request

Tracey, Further to yesterday’s email I have reviewed Mr Kerry’s list of enquiries that he has complained about and I have summarised their status below. I assume that some of these were closed without contacting Mr Kerry.

We will need to respond under stage 2 of the complaints process in relation to his complaint about lack of responses to his complaint / requests for service.

Karen Lyons has sent legal advice in relation to the lighthouse road issues. If we do consider that this isn’t a Council issue we would need to respond and explain why. However, I think Karen’s advice is that we do have some responsibility so we will have to inform Mr Kerry whether we intend to take any action or not.

Mr Kerry could easily take this lack of response / action to the SPSO at this time.

I’m off 17th and 18th but will be happy to discuss when I return.

Miles

Ref no Deadline Brief summary of enquiry ENQ00886 6/6/16 Misleading road signs at Melvaig and Rua Reidh Lighthouse replied to by Eric McArthur, D&I, 01/06/2016

ENQ12781 19/7/16 regarding Further blocking of the road at Rua Reidh Lighthouse replied to by Eric McArthur, D&I, 07/07/2016

ENQ21428 12/8/16 regarding Further blocking of the public road at Rua Reidh Lighthouse and the erection of signs without planning permission Assigned to Douglas Miles, CMS – Closed on 18/08/2016 “Case on-going” No response to the customer on system

ENQ17726 12/8/16 regarding erection of further signage designed to prevent access to open land. Assigned to Philip Waite, D&I – no information on system – still open

ENQ19273 17/8/16 regarding URGENT SAFETY issue at the blocked road at Rua reidh lighthouse Assigned to Malcolm Ross, CMS – Closed on 25/08/2016 “this is not a Council issue” No response to the customer on system

ENQ19704 18/8/16 regarding Mrs McLachlan physically stopping cars on the road and handing out misleading leaflets. Assigned to Malcolm Ross, CMS – Closed on 25/08/2016 “this is not a Council issue” No response to the customer on system

ENQ28254 9/9/16 regarding Further illegal signage and preventing the public their access rights at Rua reidh lighthouse. Assigned to Iain Moncrieff, CMS – no information on system – still open

From: Miles Watters On Behalf Of Freedom of Information Sent: 12 October 2016 17:31 To: Tracey Urry Cc: Iain Moncrieff; Community Services - Headquarters Subject: FW: Outstanding complaint/FOI Request

Tracey, I have a further FOI below about Rua Reidh. Can you ask your staff to look out any emails they have in relation to the topic in order that we can establish what we have that’s in scope of this request? I think this will involve Graham and Iain as they have both been involved at some point in the last 6 months

I have responded to his previous FOI (HC0226-405) I’ve attached this. I agreed the stance with Karen Lyons.

There is still a complaint about why we haven’t responded to a number of enquiries that he submitted on line.

Miles

From: guyandzoe [mailto:[email protected] ] Sent: 06 October 2016 16:33 To: CE - Complaints Subject: Re: Outstanding complaint/FOI Request

Thank you for this.

I have another freedom of information request. Please let me have the information/briefings/minutes/file notes etc that makes the council consider the 'situation is not clear cut in relation to the legislation'. I am not seeking the legal advice received by the council but information about the considerations of officials that this case 'is not clear cut in legislation'. I should also be glad to have information about why the council has not acted in the face of the illegal and dangerous situations which have arisen this last year at the lighthouse.

It may help you to answer this if i briefly state it is my belief that this has always been clear cut.

The Council has declared that it considers the road to Rua Reidh lighthouse is a private road under the Roads (Scotland)Act. That means the public has a right of passage over the road but that the road is privately maintained. That right of public passage is for vehicular traffic and has been won by its use as a vehicular way for more than 50 years in considerable numbers and at all times without hindrance. The roads owner and (separately) its maintainer raise no objections to its use by public in vehicles. The road goes to the walls of the lighthouse and it has always been used to its full length. Thus the right of passage extends from the end of the public road at Melvaig up to the walls and car parking at the light itself. That has always been so. The public has a right to park at the light commensurate with travel there. That has always been the case. The parking is as of right since the purpose of travel to the light has always been to go there to see the light and to park-up to reach Camas Mor and the land beyond and around the light. Without parking there would never have been the travel in the numbers which go there and the purpose of travel would have been different or non existent.

The MacLaughlan's bought the accommodation at the light knowing the situation as i have described it. They then claimed the road as their fiefdom and illegally erected signage (not on their land) declaring the road shut. Latterly they have claimed all land around the light and sought to exclude the public from land they own and that which they have no ownership of. They believe that by purchasing land they can rid the public from their land by decaring the public has no rights there. That cannot be correct.

Essentially they bought a house on a road beside a carpark. They have now physically excluded the public from using its right of passage by blocking the road with signage and now with gates and with foul language and physical threats against any who go there. They claim 'privacy' where there has never been any and to which they have bought no right. The gates do not have planning permission. The gates illegally block a road. The gates also prevent the public exercising the right to access all land in Scotland on foot. The Council and Police have done nothing to prevent this nor has any action been taken against the Maclachlans to put this right. The gates endanger the public since it forces drivers, who have every right to be there, to reverse up a steep and narrow twisting road off which there are steep drops with no protection. The Council is the legal guardian of road safety and yet it allows this situation to persist. Previously safety was not an issue as drivers could safely turn at the light. That is now not possible since the gates are locked and because of the aggression of the Maclachlan's who threaten physical violence with foul and loud language and who revel in seeing folk in distress.

I dont understand the problem and the Council will not explain itself.

Guy Kerry

On 06/10/2016 14:32, CE - Complaints wrote:

Dear Mr Kerry, I have discovered that the Service had been seeking legal advice in relation to your questions as the situation is not clear cut in relation to the legislation. The Service have now received the advice and are considering it.

Once a decision has been made about whether to accept the legal advice a response can be sent to your request and enquiries.

To take up a complaint about the service you have received, I would suggest that you contact the Director of Community Services, William Gilfillan.

Once again I apologise for the delays you have experienced.

Yours sincerely,

Miles Watters

From: guyandzoe [mailto:[email protected] ] Sent: 06 October 2016 13:29 To: CE - Complaints Subject: Re: Outstanding complaint/FOI Request

Mr Watters

It is now three full weeks since my complaint FS6561787 was submitted. The complaint was about the consistent non reply to enquiries. Could some one please let me know what is happening. If anything. And do Highland Council intend to reply and when please.

To whom should one complain about inactivity on questions of complaints and enquiries?

guy kerry

On 23/09/2016 11:06, CE - Complaints wrote: Dear Mr Kerry, I’m sorry that you’ve experienced such poor service in relation to your FOI and subsequent complaint.

Council services have undergone major changes this year as a result of the voluntary redundancy scheme which came into effect at the start of this financial year. This means that, although we have the same volumes of complaints, enquiries and FOI request, we have less people to deal with them. The burden of dealing with them also falls upon a small number of staff who are also involved in direct service delivery. This, combined with the introduction of a new computer system for managing cases which we are still learning how to use efficiently, means that we are not always able to meet our deadline. We will endeavour to get responses to you as soon as possible.

In terms of FOI – a failure to respond is termed a “mute refusal”. You wrote to complain about this “mute refusal” on 15th September. We will treat this part of your complaint (HC0822-1074) as a request that we review our failure to respond. If the Council doesn’t respond to you by 13th October you have the right to appeal to the Scottish Information Commissioner. However, I do hope that a response will be sent to you by Tuesday next week at the latest.

I will also raise the issue of the lack of response to your enquiries with staff in Community Services.

Yours sincerely,

Miles Watters

From: guyandzoe [mailto:[email protected] ] Sent: 23 September 2016 09:57 To: CE - Complaints Subject: Re: Outstanding complaint/FOI Request

Good morning

Why are my complaints not being handled within the time scales outlined in the Highland Council 'complaints' policy? Both my original complaint and my complaint about failure to meet deadlines are overdue. I have received no response to either. I expect the response from FOI to be within the time period set by legislation for the review of a decision not to reply . The FOI request is now very old and I should be grateful for an explanation of why it is taking longer thatn 20 maximum set by legislation for you to answer an FOI request. Silence is not a legal option for the Highland Council.

Guy Kerry

On 22/09/2016 10:53, CE - Complaints wrote: Dear Mr Kerry

Thank you for your recent correspondence to the Highland Council.

You currently have a Stage 1 complaint, reference HC0822-975 and an FOI Request reference HC0266-405 which I can see you have not received a responses for.

I have contacted the department who is handling your complaint and FOI request and asked for an update and when you can expect to receive a response.

I am sorry for this delay.

Regards

Leanne Leanne Gair Highland Council Customer Services Officer Chief Executive’s Office HQ

Unless related to the business of The Highland Council, the views or opinions expressed within this e-mail are those of the sender and do not necessarily reflect those of The Highland Council, or associated bodies, nor does this e-mail form part of any contract unless so stated. Mura h-eil na beachdan a tha air an cur an cèill sa phost-d seo a' buntainn ri gnothachas Chomhairle na Gàidhealtachd, 's ann leis an neach fhèin a chuir air falbh e a tha iad, is chan eil iad an-còmhnaidh a' riochdachadh beachdan na Comhairle, no buidhnean buntainneach, agus chan eil am post-d seo na phàirt de chunnradh sam bith mura h-eil sin air innse. Listening * Open * Valuing * Improving * Supporting * Partnering * Delivering Èisteachd * Fosgailte * Luach * Leasachadh * Taic * Com-pàirteachas * Lìbhrigeadh

From: Lawrence Jones To: Iain Moncrieff Cc: Miles Watters; Tracey Urry Subject: RE: Outstanding complaint/FOI Request Date: 12 October 2016 14:14:28

Hi Iain,

Complaint HC0822-975 is allocated to you. Would you please be able to have a look at this and respond to the customer?

Regards, Lawrence Jones Customer Services Officer Community Services The Highland Council HQ Glenurquhart Rd Inverness IV3 5NX

Tel. no. 01463 252946

From: Miles Watters Sent: 12 October 2016 13:54 To: Lawrence Jones Subject: FW: Outstanding complaint/FOI Request

Lawrence, Do you know if anyone I planning to respond to complaint HC0822-975?

Miles

From: Miles Watters On Behalf Of CE - Complaints Sent: 23 September 2016 11:10 To: Marianne Grech; Lawrence Jones Subject: FW: Outstanding complaint/FOI Request

Hi, I’ve just looked at the complaint HC0822-975 – the number of enquiries that haven’t been responded to is appalling.

Who would normally respond to this sort of thing? Are many of the responses not that he needs to contact the police and not the Council?

Miles

From: guyandzoe [mailto:[email protected] ] Sent: 23 September 2016 09:57 To: CE - Complaints Subject: Re: Outstanding complaint/FOI Request

Good morning

Guy Kerry

On 22/09/2016 10:53, CE - Complaints wrote: Dear Mr Kerry

Thank you for your recent correspondence to the Highland Council.

You currently have a Stage 1 complaint, reference HC0822-975 and an FOI Request reference HC0266-405 which I can see you have not received a responses for.

I have contacted the department who is handling your complaint and FOI request and asked for an update and when you can expect to receive a response.

I am sorry for this delay.

Regards

Leanne Leanne Gair Highland Council Customer Services Officer Chief Executive’s Office HQ

From: Karen Lyons To: Philip Waite; Richard Greene - Member; Iain Moncrieff; Robbie Bain; Erica McArthur Cc: Stewart Fraser; Miles Watters Subject: RE: Rua Reidh Lighthouse Date: 05 October 2016 09:53:35 Attachments: RE Rua Reidh Lighthouse.msg

Iain should be allowed to consider the advice and come to a decision. I’ve no problem with the report being released after that (even if he doesn’t agree with me!) Karen

Karen Lyons Principal Solicitor (Planning) Corporate Development Service The Highland Council Tel: 01463 702194 Fax: 01463 702198 Email: [email protected]

Any internal legal advice provided herein is for the Client Service only. Written permission must be sought from the author prior to any disclosure to an external organisation or third party.

From: Philip Waite To: Karen Lyons; Richard Greene - Member; Iain Moncrieff; Robbie Bain; Erica McArthur Cc: Stewart Fraser; Miles Watters Subject: RE: Rua Reidh Lighthouse Date: 05 October 2016 09:40:09

Dear All, I have already been approached by Gairloch CC for the report. I’m afraid next week is half term and I am away on Harris. I’ll be back on 17th.

Regards, Phil

Philip Waite Countryside Team Leader The Highland Council Council Offices Dingwall IV15 9QN

Tel. 01349 868431 Mob. 07818 588214

From: Karen Lyons Sent: 05 October 2016 09:32 To: Richard Greene - Member; Iain Moncrieff; Robbie Bain; Philip Waite; Erica McArthur Cc: Stewart Fraser; Miles Watters Subject: RE: Rua Reidh Lighthouse

Happy to meet. At the moment I have good availability: Monday pm Anytime Tuesday Wed am Karen Karen Lyons Principal Solicitor (Planning) Corporate Development Service The Highland Council Tel: 01463 702194 Fax: 01463 702198 Email: [email protected]

Any internal legal advice provided herein is for the Client Service only. Written permission must be sought from the author prior to any disclosure to an external organisation or third party.

Unless related to the business of The Highland Council, the views or opinions expressed within this email are those of the sender and do not necessarily reflect those of The Highland Council, or associated bodies, nor does this email form part of any contract unless so stated. From: Karen Lyons To: Richard Greene - Member; Iain Moncrieff; Robbie Bain; Philip Waite; Erica McArthur Cc: Stewart Fraser; Miles Watters Subject: RE: Rua Reidh Lighthouse Date: 05 October 2016 09:32:03 Attachments: RE Rua Reidh Lighthouse.msg

Any internal legal advice provided herein is for the Client Service only. Written permission must be sought from the author prior to any disclosure to an external organisation or third party.

From: Stewart Fraser To: Karen Lyons Subject: RE: Rua Reidh Lighthouse Date: 04 October 2016 16:05:00

Great…and please let Kilo know

From: Karen Lyons Sent: 04 October 2016 15:52 To: Stewart Fraser Subject: RE: Rua Reidh Lighthouse

Cheers, I will add in a sentence re the Estate. K

Karen Lyons Principal Solicitor (Planning) Corporate Development Service The Highland Council Tel: 01463 702194 Fax: 01463 702198 Email: [email protected]

Any internal legal advice provided herein is for the Client Service only. Written permission must be sought from the author prior to any disclosure to an external organisation or third party.

From: Stewart Fraser To: Karen Lyons Subject: RE: Rua Reidh Lighthouse Date: 04 October 2016 15:48:00 Attachments: RE Cc meeting.msg

Thank you Karen.

I have no comments to suggest – my only observation is my familiar one with this situation. I believe the Estate has a key role to play as owners of the solum of the road over the majority of its length to ensure it is not obstructed.

I am not sure it is helpful but I have attached an email I sent Richard in April this year – it is far less well researched and measured than your consideration but reaches the same conclusion – more or less.

Regards

Stewart

From: Karen Lyons Sent: 29 September 2016 11:46 To: Stewart Fraser Subject: Rua Reidh Lighthouse

Stewart Please see enclosed draft note which I intend to send to Community Services, Robbie Bain, Cllr Greene and Phil Waite. Any comments/obvious errors? K

Karen Lyons Principal Solicitor (Planning) Corporate Development Service The Highland Council Tel: 01463 702194 Fax: 01463 702198 Email: [email protected]

Any internal legal advice provided herein is for the Client Service only. Written permission must be sought from the author prior to any disclosure to an external organisation or third party.

From: Marianne Grech To: Noel McLaughlin; Iain Moncrieff; Miles Watters; Tracey Urry Cc: Lawrence Jones Subject: FW: Outstanding complaint/FOI Request Date: 23 September 2016 12:26:17

Hi Miles

If we get the answer from the Responsible Officers, even by email, we can top and tail them and get the case closed. But we allocate the cases and remind officers when we can. Officers would respond to Stage 1 complaints themselves. For Stage 2 complaints we request a draft for the Director or Head of service.

We have a large volume of Enquires, but I appreciate this is a Complaint and will need be a priority, even if it is not upheld. This case is with Iain Moncrieff, copied in.

Sometimes we do know the answer because it is a common issue and then we can prepare a response and check with the expert that the response is ok, other times we don’t know the answer and need the Responsible officer to investigate or delegate the actions.

Kind regards Marianne

From: Miles Watters On Behalf Of CE - Complaints Sent: 23 September 2016 11:10 To: Marianne Grech; Lawrence Jones Subject: FW: Outstanding complaint/FOI Request

Hi, I’ve just looked at the complaint HC0822-975 – the number of enquiries that haven’t been responded to is appalling.

Who would normally respond to this sort of thing? Are many of the responses not that he needs to contact the police and not the Council?

Miles

From: guyandzoe [mailto:[email protected] ] Sent: 23 September 2016 09:57 To: CE - Complaints Subject: Re: Outstanding complaint/FOI Request

Good morning

Guy Kerry

On 22/09/2016 10:53, CE - Complaints wrote: Dear Mr Kerry

Thank you for your recent correspondence to the Highland Council.

You currently have a Stage 1 complaint, reference HC0822-975 and an FOI Request reference HC0266-405 which I can see you have not received a responses for.

I have contacted the department who is handling your complaint and FOI request and asked for an update and when you can expect to receive a response.

I am sorry for this delay.

Regards

Leanne Leanne Gair Highland Council Customer Services Officer Chief Executive’s Office HQ

From: Karen Lyons To: Miles Watters Subject: RE: Lighthouse again Date: 22 September 2016 11:04:02 Attachments: Lighthouse again.msg

Hi Miles I am still due to provide advice to Community Services so the delay is with me. This keeps getting put back due of other priorities. I will aim to get a response to you by start of next week. K

Karen Lyons Principal Solicitor (Planning) Corporate Development Service The Highland Council Tel: 01463 702194 Fax: 01463 702198 Email: [email protected]

Any internal legal advice provided herein is for the Client Service only. Written permission must be sought from the author prior to any disclosure to an external organisation or third party.

From: Leanne Gair To: Miles Watters Subject: FW: Case HC0822-1074 has been assigned Chief Executives Office Complaints Date: 22 September 2016 10:19:22 Importance: High

Hi Miles

Will I log the failure to respond to the FOI as a request for review? I am contacting the customer now and will advise him if this is the case.

Thanks Leanne

From: Leanne Gair On Behalf Of CE - Complaints Sent: 22 September 2016 09:25 To: Community Services - Headquarters; Iain Moncrieff; Lawrence Jones Subject: Case HC0822-1074 has been assigned Chief Executives Office Complaints Importance: High

We have received the below complaint from Guy Kerry in relation to an outstanding stage 1 complaint (HC0822-975) and FOI request that is sitting with Community Services. I will need to go back to the customer and advise when he can expect to receive a response to his complaint/FOI request.

Iain – can you let me know about the complaint as this is allocated to you? Lawrence – can I help with the FOI? We may need to log this a request for a review but I will check with Miles.

Thanks Leanne

Nature of complaint: The highland council is not replying to my enquiries and it is not replying to my complaints and it is not answering my Freedom of information request. On 3/9/16 i submitted complaint reference FS5954032. That complaint was about the failure to reply to various enqiries listed within FS5954032. Your system tells me that should have been dealt with within 5 working days. I have had nothing from you after way longer than 5 days. FOI request Case Ref: HC0226-405 has also now gone beyond the statutory 20 day limit for reply. Customer's desired outcome: Answer your constituent's enquies!!! Answer them in time!!! Keep to statutory time limits and answer FOI reqests properly and within the law. Service centre notes:

From: [email protected] [mailto:[email protected]] Sent: 21 September 2016 16:15 To: Leanne Gair Subject: Case HC0822-1074 has been assigned Chief Executives Office Complaints

Case HC0822-1074 has been assigned to you or one of your groups.

You can access CRM by clicking this link https://crm.highlandcouncil.gov.uk/login.jsp If this is the first time you are logging into CRM, go to: http://www.highland.gov.uk/staffsite/info/4/crm_homepage/6/crm_homepage

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Requests for advice, support or problems in respect of CRM should be logged by contacting Fujitsu Service Desk

Case Reference: HC0822-1074 Customer: Mr guy kerry Case Type: Complaint Case Queue: Chief Executives Office Complaints Created On: 15/09/2016 Assigned To: Deadline: 22/09/2016

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-----Original Message----- From: Richard Greene - Member Sent: 19 July 2016 10:04 To: Stewart Fraser; William Gilfillan Subject: Road

Stewart and William On your advice I have kept my response, which is below, to the very minimum. I am sure this will not yet be the end but I sincerely hope they can come to a sensible working arrangement. William I shall leave calling in today. Will phone later in the week. Thank you both for comment.

Regards Richard

Richard Greene Independent Councillor Wester Ross, Strathpeffer and Lochalsh

-----Original Message----- From: Richard Greene - Member Sent: 19 July 2016 10:00 To: 'Rua Reidh Lighthouse'; Mark Williams; [email protected]; [email protected]; Christine Clyde Subject: RE: Motorhome

Good Morning Thank you for your e mail of 17th July. I would agree that representatives of those with a direct interest should meet to discuss issues where views presently differ, and seek to arrive at a solution which is workable to all.

Regards Richard

Richard Greene Independent Councillor Wester Ross, Strathpeffer and Lochalsh

-----Original Message----- From: Sent: 17 July 2016 16:31 To: Mark Williams; [email protected]; [email protected]; Richard Greene - Member; Christine Clyde Subject: Motorhome

Dear all,

From: Richard Greene - Member To: Stewart Fraser Subject: RE: Lighthouse Road Date: 19 July 2016 09:50:13

Thank you Stewart I like your choice of wording...expresses my own feelings, but at the same time frustration in the time it is taking to resolve. Think I might use your phrase " no locus in this situation"

Regards Richard

Richard Greene Independent Councillor Wester Ross, Strathpeffer and Lochalsh

-----Original Message----- From: Stewart Fraser Sent: 19 July 2016 09:46 To: William Gilfillan; Richard Greene - Member Subject: RE: Lighthouse Road

Agreed.

I know I sound like a broken record but we really have no locus in this situation despite what people believe/state and it is up to those individuals with an interest - the McLachlans, the crofters and the Estate to agree a solution.

Regards

Stewart

-----Original Message----- From: William Gilfillan Sent: 19 July 2016 08:36 To: Richard Greene - Member; Stewart Fraser Subject: RE: Lighthouse Road

Yes, let's make this as simple as possible

Thanks W

-----Original Message----- From: Richard Greene - Member Sent: 18 July 2016 16:44 To: Stewart Fraser; William Gilfillan Subject: FW: Lighthouse Road

Stewart and William No matter what I do this matter invariably comes back to me one way or another. You will see below my response to Fran Cree, Sec of the Gairloch CC in her second e mail to me today. The earlier one I forwarded to you Stewart. I have not as yet responded to but will do in suggesting again that all those directly involved get round the table to seek a working agreement.

You will note I have said that I do not believe the Council has any jurisdiction to erect signs along this road. William would you agree?

From: Richard Greene - Member To: Stewart Fraser Subject: Latest incident Date: 18 July 2016 09:41:56

Stewart I had considered answering both e mails very simply as follows. What do you think? I really fear something bad will happen over this dispute.

Thank you for you e mail. This latest serious incident on the disputed road surely begs all parties involved to seek a sensible working agreement of vehicular access. I trust that will now happen without delay.

Regards Richard

Richard Greene Independent Councillor Wester Ross, Strathpeffer and Lochalsh

From: Richard Greene - Member To: Miles Watters; Stewart Fraser Subject: FW: Motorhome Date: 18 July 2016 09:28:59

Miles and Stewart The Community Council view of yesterday’s incidents. I note this is copied to Police locally so Stewart do you think this best left to them? I had been contacted by Sgt Kay Macrae of Ullapool previously on this issue. She also controls the Gairloch station. I will try to keep up to speed by mobile as heading of north to Laide shortly.

Regards Richard

Richard Greene Independent Councillor Wester Ross, Strathpeffer and Lochalsh

From: Gairloch Community Council [mailto:[email protected]] Sent: 18 July 2016 09:06 To: Mark Williams; Richard Greene - Member; Christine Clyde; ; PC Neil Rathbone; Steven Clarke Subject: Motorhome

The elderly camper van driver was lost - he thought he was on the road back to the A886! He couldn't read a map but was a perfectly competent driver but Tracy has had a new gate put in half way down the steep hill to the light which cannot be seen from the top. There was a sign put up at the top of the hill warning drivers not to proceed down the hill - one of the community signs and one which had recently been granted planning permission. Unfortunately it disappeared within 16 hours of being put up leaving no sign to warn drivers of the danger ahead. Now Tracy tells us she has parked her car the other side of the gate to prohibit anyone opening the gate so this camper had to reverse back up the hill to turn at the old mast road at the top. This he did but burnt his clutch out in the process. Tracy even took a photograph! He got a mile back towards Melvaig before he found he was unable to change gear at all. He walked back to the Lighthouse and waited for an hour or until the MacLachlan's got back from their dog walk. On their return they told him they were too busy running a business to deal with his problem and he should walk back to Melvaig to phone for help. He was 78 years old, had no waterproofs and it was pouring with rain! They did find the time to phone both Chris and Pat to tell them what had happened and to email all and sundry. Chris went out to find a man staggering along the road in obvious distress. Pat also turned up but she has walking difficulties so couldn't get to him to help Chris. Chris walked out down the BBC brae and back up again to the head of the mast road to help him - she couldn't get the car past the camper and had to virtually carry the man extremely slowly down the hill and back up the other side to her car. The man was blue, breathing very heavily, completely exhausted, distressed and cold. She got dry clothes out of the camper and brought him back to our house to warm him up and dry him out as well as phone for a beakdown recovery. The van was unfortunately left blocking the road but the priority was the health of the gentleman at the time! Of course, the van would not have blocked the road quite as long had the MacLachlan's allowed him to phone from the Lighthouse. Nor would the problem have occurred in the first place without the new gate which Crofters warned would be a dangerous location for a gate two years ago! For thirty plus years vehicles have turned safely at the light.

Strangely, I missed all of this because I too had my way blocked going home from work at Treasure Chest. A car had tried to do a three point turn in the passing place just after the Big Sand turn and had shot forward into the ditch. The car broad side on with three kids and a dog in the back she was fairly distressed. I went back to Sands camp site and James Cameron came out with his truck and towed her out. By this time she was out there were five cars waiting to get past. These things happen!

-- Fran Cree Secretary, Gairloch Community Council

I have just arrived in Inverness HQ for meetings and will forward copy of your e mail to the Chief Executives office for attention. I also acknowledge sight of your letter to the Highland Council Access Officer and will be keen to hear his version of events. Regards Richard

-----Original Message----- From: Sent: 08 July 2016 07:34 To: Richard Greene - Member Subject: Communication

Richard, From: Kate Lackie To: Karen Lyons; Miles Watters; Erica McArthur Subject: RE: Rua Reidh Date: 07 July 2016 21:30:55

Thanks Karen

We’ll look to amend the letter slightly to explain some of these definitions a little. I also think a meeting between and someone who had a good understanding of these distinctions would be of benefit. However, at the same time, I do want to stress the point in our response that issues around public rights of passage/access etc are really civil matters and its not for the Council to be the final arbiter. Whilst we will do what we can to mediate between the two sides, if this is unsuccessful, they will ultimately need to pursue this through their solicitor and the parties with whom they are in dispute. Does that sound reasonable to you?

Kate

From: Karen Lyons Sent: 07 July 2016 17:16 To: Kate Lackie; Miles Watters; Erica McArthur Subject: RE: Rua Reidh

In response to Kate’s questions, I suggest: Can I just clarify ref para 5 - are we saying there is an automatic public right of passage over all roads - whether public or private? To be a road there must be a public right of passage. A road is defined as “any way (other than a waterway) over which there is a public right of passage (by whatever means)”. The only difference between a public and a private road is who maintains it.

Also, can we clarify in the letter what a public right of passage actually means? If you wish but it is not easy to do so in a concise way. Put “simply” it is the right of members of the public to pass along the way by whatever means. It comes back to there being distinctions between a public right of passage and a public right of way and most of the commentary focusses on these distinctions. Does it mean anyone can use the road using any kind of vehicle or can the land owner stipulate what type of access is available i.e. non-motorised transport? (I’m assuming it’s the former) wants to challenge this, who should go to? (on the basis that this is not in fact a Council issue, we are simply trying to assist with defining the legal position) See above – “by whatever means” suggests it is unrestricted use appropriate to the road in question. If the road is plainly not suitable for a type of vehicle then you would expect the landowner to stipulate this in a similar way that the roads authority would do for a public road. The Council cannot determine (or re-determine) the public right of passage along a private road, its powers only extend to public roads. .

Lastly, I understand that the road may also part of the core paths network? If so, I think we probably need to mention this in the letter too, just by way of completeness The core path designation does not allow people to drive along the road – it allows responsible access by pedestrians, cycles, horses and disabled scooter-type vehicles. I think including this may just blur the issue.

Karen Lyons Principal Solicitor (Planning) Corporate Development Service The Highland Council Tel: 01463 702194 Fax: 01463 702198 Email: [email protected]

Any internal legal advice provided herein is for the Client Service only. Written permission must be sought from the author prior to any disclosure to an external organisation or third party.

From: Karen Lyons To: Miles Watters; Kate Lackie; Erica McArthur Subject: Rua Reidh Date: 07 July 2016 14:21:27 Attachments:

Dear All Please see enclosed tracked changed version and clean(ish) version (I have 2 comments at the end). Please can Erica and I have a copy of the final version for our files please. K Karen Lyons Principal Solicitor (Planning) Corporate Development Service The Highland Council Tel: 01463 702194 Fax: 01463 702198 Email: [email protected]

Any internal legal advice provided herein is for the Client Service only. Written permission must be sought from the author prior to any disclosure to an external organisation or third party.

From: Karen Lyons To: Miles Watters Cc: Erica McArthur Subject: RE: FOI 1416544 Date: 06 July 2016 16:41:31 Attachments: FW FOI 1416544.msg

Thanks Miles Do you have a copy of letter of 21st April? Also, do you have a copy of the map referred to in Graham’s response? If not, are you/Erica able to confirm the location of the jetty referred to? I’ve pretty much finished revising the letter but I would like to check one (possibly significant point) with Forbes when he is back in office tomorrow. I will get back to you asap thereafter. Many thanks K

Karen Lyons Principal Solicitor (Planning) Corporate Development Service The Highland Council Tel: 01463 702194 Fax: 01463 702198 Email: [email protected]

Any internal legal advice provided herein is for the Client Service only. Written permission must be sought from the author prior to any disclosure to an external organisation or third party.

· A sign was erected at the end of the public road/start of the private road, and a second one further down the private road. I understand these were put up by Mr and Mrs McLachlan. The signs look like amateur road signs and are clearly meant to stop/discourage the public from driving down to the lighthouse. The land that the signs are on is own by the Estate and is also, probably common grazing. I am not sure if the landowner ever gave his permission for these signs, but their presence has lead I believe to the falling out.

· The CC/estate and common grazing committee submitted an application for advertisement consent to display two signs, one at the end of the public road/start of the private road and a second close to the lighthouse at the start of a footpath. This footpath and the section of private road from the end of the public road to the footpath have status as a Core Footpath. We have now issued this consent . The signs say that there is access along the private road but that the public should take care as it is a private road. The second sign indicates were there is parking for two cars and encourage this to be used by disabled drivers. There are also a number of other signs identifying parking opportunities along the private road, which the CC/estate are going to erect. These signs do not require advertisement consent, by virtue of their small size.

· Mrs McLachlan lodged objections to the advertisement consent application, based on the condition of the road not being suitable for large vehicles, the signs being to small, and various other factors including that the area of ground that was being signposted for disabled parking is used as a helicopter landing pad by the coastguard. I was the case officer for this application and when I carried out the site visit, whilst there were some stones marking a circle on the ground , there was no evidence that the ground was formally used for this purpose. I also understand that this suggestion by Mrs McLachlan has been disputed by some on the CC, one of whom was the previous owner of the houses at the lighthouse.

· Our assessment and determination of the advertisement consent required to be confined to matters which were relevant under the relevant legislation , this did not include an assessment of land use or indeed the text on the sign. Our assessment is to do with public safety and impact on the landscape character and setting of the light house, which is a listed building.

· The condition of the road has I understand been the focus of much discussion between Mrs McLachlan and Community Service ( roads), all in connection with her wish to stop the public using it.

I hope that makes sense.

Regards

Erica McArthur Principal Planner Area Planning & Building Standards Office Council Offices 84 High Street Dingwall IV15 9QN 01349 868442 e-mail: Erica.mcarthur@highland gov.uk

General advice is Officer opinion only and given without prejudice to the future consideration of and decision on any application received by The Highland Council

Follow up documentation for existing planning applications Follow up documentation should no longer be submitted directly to Planning Officers or to Area Planning Offices If you would like to submit revised plans or any other follow up/additional documentation in relation to an existing application, please do so by using the Post Submission Additional Document online form available on the ePlanning scot Portal Further guidance on how to do this can be found here on our Planning Web Pages Please remember to quote the correct application reference number on the online form before submitting Thank you for your co-operation

From: Miles Watters Sent: 06 July 2016 10:34 To: Erica McArthur Subject: Rua Reidh Lighthouse

Erica, The Chief has asked but what the background is to the Rua Reidh complaint. Are you able to briefly explain what has caused the issue

Thanks

Miles

From: Karen Lyons To: Miles Watters Subject: RE: Rua Reidh lighthouse Date: 06 July 2016 10:51:50 Attachments: RE Rua Reidh lighthouse.msg

Yes of course K

Karen Lyons Principal Solicitor (Planning) Corporate Development Service The Highland Council Tel: 01463 702194 Fax: 01463 702198 Email: [email protected]

Any internal legal advice provided herein is for the Client Service only. Written permission must be sought from the author prior to any disclosure to an external organisation or third party.

From: Karen Lyons To: Miles Watters Subject: RE: Rua Reidh lighthouse Date: 06 July 2016 10:48:47 Attachments: Rua Reidh lighthouse.msg

If it is the access/signage issue then yes I’ve heard bits and pieces. Send it through with confirmation of what you would like the clarification on. K

Karen Lyons Principal Solicitor (Planning) Corporate Development Service The Highland Council Tel: 01463 702194 Fax: 01463 702198 Email: [email protected]

Any internal legal advice provided herein is for the Client Service only. Written permission must be sought from the author prior to any disclosure to an external organisation or third party.

From: Stewart Fraser To: Julie Ferguson Cc: Dafydd Jones; Erica McArthur; Leanne Gair; Miles Watters Subject: RE: Complaint response due- private road to Rua Reidh Lighthouse & 16/02136/ADV Date: 03 July 2016 19:38:00

Thanks Julie

I share your opinion that the applicants have a reasonable expectation for this application to be determined. Whilst I am aware of and fully understand concerns I do not believe they should act to prevent determinination.

I hope this is of assistance.

Regards

Stewart

-----Original Message----- From: Julie Ferguson Sent: 29 June 2016 10:48 To: Stewart Fraser Cc: Dafydd Jones; Erica McArthur; Leanne Gair Subject: Complaint response due- private road to Rua Reidh Lighthouse & 16/02136/ADV Importance: High

Stewart

Further to our discussion last week re the above and your draft response, we need to add a sentence re the advertisement application.

I can’t really see any justification for us to hold back the decision; the applicants have a right to expect us to determine their application timeously.

Can you please confirm your thoughts on this as we discussed last week so I have something on file

Our delegated report and plans are attached to remind you of the text of the signs and provide any other background you may wish to refer to.

Many thanks in anticipation

Julie Ferguson Team Leader – Planning – Ross& Cromarty 01349 868427 eBuildingStandards.scot is a new online service for Building Standards which will go live at The Highland Council on Wednesday 24th August 2016. For more information, please visit our Building Standards web pages. Register at consult.highland.gov.uk to view, comment and be kept updated on any future Development Plan documents in Highland. Please take our customer survey by clicking on this link https://www.surveymonkey.com/s/QCMC9GD This advice is given without prejudice to the future consideration of and decision on any application received by The Highland Council Thathar a’ toirt seachad na comhairle seo gun chlaon-bhreith do bheachdachadh air agus codhùnadh a thaobh tagradh sam bith a tha Comhairle na Gàidhealtachd a’ faighinn san àm ri teachd

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For more information on Xerox products and solutions, please visit http://www.xerox.com/ From: Stewart Fraser To: CE - Complaints Subject: RE: FW Complaint issue Date: 09 June 2016 22:02:00

Thanks Leanne

Is it coming my way?...or going to Comm Services?

Cheers

Stewart

From: Leanne Gair On Behalf Of CE - Complaints Sent: 09 June 2016 11:44 To: Stewart Fraser Subject: FW: FW Complaint issue

Hi Stewart

FYI – I am just about to log and acknowledge this complaint which needs a draft response for Steve.

Thanks very much Leanne

From: Michelle Morris Sent: 08 June 2016 16:43 To: Miles Watters Subject: FW: FW Complaint issue

Miles Can this be logged on CRM as complaint and issued to Stewart to draft a response for CEX please. (further email to follow) Thanks Michelle

From: Richard Greene - Member Sent: 08 June 2016 16:11 To: Steve Barron; Michelle Morris Subject: FW Complaint issue

Good afternoon Steve and Michelle Please see below an e mail from . She has made complaint to me on a matter which has been dragging on now for some months. I have been talking with Stewart Fraser on a number of occasions throughout this. Graham Mackenzie, Engineer in Ross shire has also been involved. There is I understand an FOI in process and Graham is better placed on that than myself. I will forward the e mail from yesterday which expresses complaint toward Highland Council.

I am now on leave until 20th June.

Kind regards Richard

Richard Greene Independent Councillor Wester Ross, Strathpeffer and Lochalsh

From: Richard Greene - Member Sent: 08 June 2016 16:03 To: Subject: RE: E mail re concerns

Hello again Our Chief Executive is presently on leave but I will forward the e mail in which you raise complaint to his office for attention on his return. Looking forward to a few days away from the daily routine myself! Regards Richard

Richard Greene Independent Councillor Wester Ross, Strathpeffer and Lochalsh

From: Sent: 08 June 2016 07:12 To: Richard Greene - Member Subject: Re: E mail re concerns

Thanks Richard.

The 'landowner' (by whom I assume you mean Mark Williams) is not the only party with an interest in the road and the Community Council have no rights to come to any agreement with him without consulting . The Community Council have their own agenda and I do understand that they are not governed by Highland Council, however all along the Highland Council have taken what the CC say as gospel without any consultation with us.

. Please can you let me know how I can do this. I am happy to write to the Council Chief Executive if you would give me his contact details, but perhaps you could pass on my concerns in the meantime.

Hope you have a good holiday and manage to forget about all the local hassle!

Best wishes

On 07/06/2016 22:01, Richard Greene - Member wrote:

From: Stewart Fraser To: Richard Greene - Member Subject: RE: See below. Date: 09 June 2016 22:00:00

Thanks Richard

I hope the Police act appropriately.

I understand the complaint now sits with the CEX and I will liaise in preparation of a response.

Hope you have a great time in Ibiza.

Regards

Stewart

-----Original Message----- From: Richard Greene - Member Sent: 07 June 2016 21:55 To: Stewart Fraser Subject: RE: See below.

Good Evening Stewart Given the attachment above I am responding as below but removing the first sentence of the second paragraph. My concern re contradiction refers to points 1- 4 of the attached. This was burning my brain. Trust you agree! Will be in Kyle tomorrow so responding tonight.

Regards Richard

Richard Greene Independent Councillor Wester Ross, Strathpeffer and Lochalsh

-----Original Message----- From: Stewart Fraser Sent: 07 June 2016 16:49 To: Richard Greene - Member Subject: RE: See below.

Thanks Richard

I have revised slightly per suggestion below.

Hope this assists

Have a good break

Regards

Stewart

-----Original Message----- From: Richard Greene - Member Sent: 07 June 2016 16:17 To: Stewart Fraser Subject: See below.

Hello Stewart As you can see below I am directly asked back in to the fray again. I know there have been exchanges between and Erica Mac Arthur regarding the Planning Permission in process of application I am going on leave tomorrow evening but intend to respond as follows.

I am going on leave for eleven days as from tomorrow evening. I would be pleased if a solution that suits everyone can be identified and agreed. I previously passed on your message of willingness to participate in discussion to the Community Council some weeks ago but understand that they were proposing approaching the landowner at that time.

I do not believe the Council has declared the road a public right of passage but note that you are seeking to action on that concern. Clearly if you are unhappy or dissatisfied with any of the Council's actions you are at liberty to make a complaint. At this time I can, if you wish me to, pass your concerns to the Council Chief Executive. Regards Richard

Let me know if this is reasonable Thanks Richard

-----Original Message----- From: Sent: 07 June 2016 15:55 To: Richard Greene - Member Subject: Lighthouse road

Richard - I am really unimpressed at the way the Council are handling all the issues around the road. The problem is not going to go away and matters are just going to get worse, particularly if the Council grants planning permission for these stupidly worded and ill-thought through signs. The Council have not, , acted properly in apparently declaring the road a public right of passage withour any formal process or consultation, and I am taking further action on that.

Surely the time has come to get all the parties round the table and come up with a solution that suits everyone? Isn't there any way you can get everyone together and sort this out once and for all?

Service: Community Services Legislation: EIR

Details:Dear Mr Mackenzie, I would like to make a request under Freedom of Information - I am not sure if I should do this through you or need to contact someone else - please let me know? Please provide me with copies of the following Every road inspection report that the Highland Council has carried out on the private road from Melvaig to Rua Reidh Lighthouse since the road was built in 1964 A copy of the Action of Declarator that was obtained to declare the road a public right of passage All correspondance that the Highland Council has entered into with respect to the private road from Melvaig to Rua Reidh Lighthouse

Regards, Lawrence Jones Customer Services Officer Community Services The Highland Council HQ Glenurquhart Rd Inverness IV3 5NX

Tel. no. 01463 252946

From: Malcolm Ross Sent: 27 May 2016 16:21 To: Lawrence Jones Cc: Graham Mackenzie - CS Subject: RE: EIR 1416544 - Road inspection report

Hi Lawrence

This road was never inspected by The Council as not adopted but Graham Mackenzie did inspect it recently due to problems that have arisen with the usage of the road so maybe he can help you .

Regards

Malcolm Ross Inspector Community Services Council Offices High Street Dingwall IV15 9QN 01349 868676 07795645244 [email protected]

From: Lawrence Jones Sent: 26 May 2016 15:58

From: Stewart Fraser To: Richard Greene - Member Subject: RE: Correction to Information Date: 20 May 2016 14:33:00

Sorry- been out and about this morning

Absolutely agree – we have no sway over the community council

Regards

Stewart

From: Richard Greene - Member Sent: 20 May 2016 12:54 To: Stewart Fraser Subject: FW: Correction to Information

Stewart Called twice at your office but you must be everywhere else in the building! Note acceptance of my apology below. It is not within my authority to assure her on any of the actions o0f the Community Council. Would you agree. Richard

From: Sent: 20 May 2016 09:23 To: Richard Greene - Member Subject: Re: Correction to Information

Thanks Richard, I appreciate the apology. I assume the GCC will have been made aware that they and the Council have no authority to remove the sign?

Regards

On 2016-05-19 20:21, Richard Greene - Member wrote:

I have today been advised that the sign erected at the end of the B8021 (Gairloch to Melvaig road) does not impinge on the curtilage of the Highland Council roadway. Previous information given to me has proved incorrect, and on behalf of the Council I apologise.

Regards Richard

Richard Greene Independent Councillor Wester Ross, Strathpeffer and Lochalsh

Unless related to the business of The Highland Council, the views or opinions

From: Richard Greene - Member To: Graham Mackenzie - CS; Erica McArthur; Stewart Fraser Cc: William Gilfillan Subject: FW: Sign at end of B8021 Date: 19 May 2016 20:47:54

Graham, and Erica Please see below the response from Fran Cree Secretary of the Gairloch CC and to whom I advised the correction note today. Fran raises a number of questions. You may be able to help? I set the reference given in the Adopted Roads B Class on my computer and the marker is directly opposite the west end of the private access to the last two houses (seaward) in Melvaig. One house is called Oran Mara. I am sure Graham you have checked this out.

Regards Richard

Richard Greene Independent Councillor Wester Ross, Strathpeffer and Lochalsh

From: Richard Greene - Member Sent: 19 May 2016 20:21 To: 'Gairloch Community Council' Subject: RE: Sign at end of B8021

Hi Fran My information is that and I quote :- List Of Roads are what we have to go by (rather than our mapping system or the mileage in the description). This being the case then the offending sign is out with the end of the public road and as such under the Roads (Scotland) Act 1984 we have no jurisdiction.

I have no further detail on outlying land, its ownership or determination. The detail appears in the Highland Council List of Adopted Roads - B Class I will forward tonight your concerns to Roads and Planning Services as you raise questions for both.

Regards Richard

Richard Greene Independent Councillor Wester Ross, Strathpeffer and Lochalsh

From: Gairloch Community Council [mailto:[email protected]] Sent: 19 May 2016 19:43 To: Richard Greene - Member Subject: Re: Sign at end of B8021

What on earth does that mean? Does that mean the public road stops at the burn at the turning point and does not go up to the village headwall? It would be helpful if you could tell us the boundary. We will have to formally amend the minutes under matters arising at the next meeting as they have been approved and gone out now. If the public roads stops short of the Lighthouse road as shown in the Land Registry that must make the bit in between a 'no mans road'? But in that case it belongs to Mark Williams and he has given his permission for us to remove the offending sign. Before we take the sign down we need to make sure of the ownership of the land its on? Now what does that mean for planning permission? Do we still need for opur new signs if it is now its not on HC verge? I understood from planning that we needed to apply for permission for any advertising sign over 0.2sq M irrespective of whose land it was on? This would mean the sign Tracy has put up, which is a mandatory road sign which we believed only the roads department could erect, and is over this at 0.86 sq m should have planning permission? This is getting vaguely absurd! I hope this is not a result of Tracy's bullying and threats of legalaction? Fran

On 19 May 2016 at 11:41, Richard Greene - Member wrote: Good Morning Fran,

Would you kindly add a note to your Minute to that effect.

Regards Richard

Richard Greene Independent Councillor Wester Ross, Strathpeffer and Lochalsh

-- Fran Cree Secretary, Gairloch Community Council From: Richard Greene - Member To: Stewart Fraser Subject: RE: List of adopted roads Date: 19 May 2016 15:48:21

Hi Stewart I believe given the email at the foot of this list I have no option but to advise , so sending out same as agreed with you.

Regards Richard

Richard Greene Independent Councillor Wester Ross, Strathpeffer and Lochalsh

From: Stewart Fraser Sent: 19 May 2016 14:44 To: Richard Greene - Member Subject: RE: List of adopted roads

Sorry- missed that one

I am not sure we are under any obligation to contact given is relying on the minute of the Gairloch CC. However if you think it is appropriate I see no objection to you/Graham confirming the position to .

Regards

Stewart

From: Richard Greene - Member Sent: 19 May 2016 09:15 To: Stewart Fraser Subject: RE: List of adopted roads

Thanks Stewart You have not answered my second question! Do I inform or do you or whom?

Regards Richard

Richard Greene Independent Councillor Wester Ross, Strathpeffer and Lochalsh

From: Stewart Fraser Sent: 19 May 2016 08:54 To: Richard Greene - Member Subject: RE: List of adopted roads

Thanks Richard

This is unfortunate. The note looks fine to me.

Regards

Stewart

From: Richard Greene - Member Sent: 18 May 2016 23:27 To: Stewart Fraser Subject: FW: List of adopted roads Importance: High

Stewart Please see below. On the information previously given I advised the Gairloch Community Council that the sign was within our curtilage and would require to be removed. Gairloch CC have put that on their FB site and in their Minute of Meeting. has been proven correct. Do I have to contact or do HC (You) do that? advice was taken from Gairloch CC Information.

I shall now have to deliver a retraction. Is this wording suitable?

An early reply would be appreciated. Thanks, Richard

Richard Greene Independent Councillor Wester Ross, Strathpeffer and Lochalsh

From: Graham Mackenzie - CS Sent: 18 May 2016 15:40 To: Richard Greene - Member Subject: RE: List of adopted roads

Hi Richard

I have now checked this out and the grid references given in the List Of Roads are what we have to go by (rather than our mapping system or the mileage in the description).

This being the case then the offending sign is out with the end of the public road and as such under the Roads (Scotland) Act 1984 we have no jurisdiction.

Graham 01408 635303 01349 868881 07785 512330

From: Richard Greene - Member Sent: 18 May 2016 15:10 To: Graham Mackenzie - CS Subject: RE: List of adopted roads

Thanks Graham Briefly spoke to Douglas the other morning as I was leaving home. He said that there were differences. Will hear from you. Thanks Richard

From: Graham Mackenzie - CS Sent: 18 May 2016 11:33 To: Richard Greene - Member Subject: RE: List of adopted roads

Will do Richard – there is a contradiction in information on our systems which I will have clarified by the end of today.

Graham 01408 635303 01349 868881 07785 512330

From: Richard Greene - Member Sent: 15 May 2016 22:21 To: Graham Mackenzie - CS; Douglas Miles Subject: FW: List of adopted roads

HI Graham And Douglas I best not respond to this as it requires clarification from yourselves.

Regards Richard

Richard Greene Independent Councillor Wester Ross, Strathpeffer and Lochalsh

From: Sent: 15 May 2016 21:26 To: Richard Greene - Member; Graham Mackenzie - CS Subject: List of adopted roads

Richard

Attached is the document from your own Highland Council website listing for adopted roads. You will note that on page 22 are the details for the adopted road ending at