COMHAIRLE NAN EILEAN SIAR

Minute of Meeting held in the Council Offices, Stornoway, on Wednesday 29 June 2005 at 7.00pm

PRESENT	Mr Alex A MacDonald (Chairman)
	Mr Angus Campbell (Vice-Chairman)
	Miss Samantha E L Hawkins
	Mr John Mackay	Mr Donald I Nicholson
	Mr Iain Morrison	Mr Norman M Macleod
	Mr Roderick Morrison	Mr Alexander M Mackintosh
	Mr Norman  A Macdonald	Mrs Annie MacDonald
	Mr Angus M Graham	Mrs Morag Munro
	Mr Malcolm J Graham	Mr Donald Macdonald
	Mr Ian M Macleod	Mr Archie Campbell
	Mr Neil Campbell	Mr Donald Maclean
	Mr George Lonie	Mr Martin C Taylor
	Mr Angus Nicolson	Mr Peter Carlin
	Mr Murdo Macleod	Mr Ronald J Mackinnon
	Mr Norman L Macdonald	Mr Angus Macdonald
	Mr Angus McCormack	Mr Donald Manford
APOLOGIES	Mr Keith Dodson	Mr Donald J Macsween

Prayer:  Mr Donald I Nicholson			The meeting was opened with prayer led by Mr Donald I Nicholson.
Tribute:  Mr Donald Macdonald			The Convener referred to Mr Donald Macdonald, founder and Executive Chairman of Macdonald Hotels who had been awarded an OBE for his contribution to tourism.  The Convener, on behalf of the Comhairle, congratulated Mr Macdonald on this award.
Tribute:  Mr Donnie Morrison			The Convener referred to Mr Donnie Morrison who had been awarded an MBE for leading e-economy in the Western Isles.  The Convener, on behalf of the Comhairle, congratulated Mr Morrison on this award.
Tribute:  Dr Brian Michie			The Convener referred to Dr Brian Michie, who had been awarded an MBE for services to maritime safety.  The Convener, on behalf of the Comhairle, congratulated Dr Michie on this award.
Tribute:  Margaret Macleod			The Convener referred to Margaret Macleod from Seaview, Lochboisdale, who celebrated her 100^th Birthday on 28 May 2005.  The Convener, on behalf of the Comhairle, extended congratulations and best wishes to Mrs Macleod.
Tribute:  Nicolson Senior Girls Football Team			The Convener referred to the Nicolson Senior Girls Football Team who had won the North of Scotland Cup for the sixth year in a row and had also been the runners up in the Senior Girls Scottish Cup.  The Convener, on behalf of the Comhairle, congratulated the Nicolson Senior Girls Football Team on this achievement.
Tribute:  Sports			The Convener referred to a number of other sports accomplishments in the last number of weeks and congratulated all those involved, particularly all the children who participated in the events and their trainers who devoted the time to ensuring that competitors from the Western Isles were able to compete and triumph at a national level.
			MINUTES
Minute of Meeting of 27 April 2005	1		The Minute of Meeting of 27 April 2005 was approved.
Minute of Meeting of 26 April 2005 at 9.00am	2		The Minute of Meeting of 26 April 2005 at 9.00am was approved.
Minute of Meeting of 26 April 2005 at 2.00pm	3		The Minute of Meeting of 26 April 2005 at 2.00pm was approved.
Minute of Meeting of 17 June 2005	4		The Minute of Meeting of 17 June 2005 was approved.
Declarations of Interest	5		Mr Ian M Macleod declared an interest in item 2 of the Environmental Services Decision Report of 28 June 2005. Mr John Mackay declared an interest in item 2 of the Environmental Services Decision Report of 28 June 2005. Mrs Morag Munro declared an interest in items 10, 26 and 31 of the Policy and Resources Decision Report of 29 June 2005. Mr Norman A Macdonald declared an interest in item 11 of the Policy and Resources Decision Report of 29 June 2005. Mr Norman M Macleod declared an interest in items 4, 21 and 27 of the Policy and Resources Committee Decision Report of 29 June 2005. Mr Murdo Macleod declared an interest in items 4, 21 and 27 of the Policy and Resources Committee Decision Report of 29 June 2005. Mr Neil Campbell declared an interest in items 4, 21 and 27 of the Policy and Resources Committee Decision Report of 29 June 2005. Mr Angus Nicolson declared an interest in items 18, 26 and 33 of the Policy and Resources Committee Decision Report of 29 June 2005. Mr George Lonie declared an interest in items 4 and 21 of the Policy and Resources Committee Decision Report of 29 June 2005. Mr Neil Campbell declared an interest in items 4 and 21 of the Policy and Resources Committee Decision Report of 29 June 2005. Mr Donald I Nicholson declared an interest in item 27 of the Policy and Resources Committee Decision Report of 29 June 2005. Mr Angus Campbell declared an interest in item 13 of the Sustainable Development Committee Decision Report of 15 June 2005 and Item 17 of the Environmental Services Committee Decision Report of 16 June 2005 Mr Alexander M Mackintosh declared an interest in item 17 of the Housing Committee Decision Report of 14 June 2005. Mr Norman M Macleod declared an interest in item 17 of the Housing Committee Decision Report of 14 June 2005.
Duke of Edinburgh’s Award Scheme – Request to Appoint Representative	6		The Director of Corporate Services submitted a Report regarding a request received from the Duke of Edinburgh’s Award Committee to nominate a Comhairle representative to the Duke of Edinburgh’s Award Committee. The Convener called for nominations to serve on the Duke of Edinburgh’s Award Scheme Committee and the following members were duly moved and seconded:                 Mr Ian M Macleod                 Mr Martin C Taylor The Comhairle proceeded to vote by ballot, the result of which was as follows: Mr Ian M Macleod 16                 Mr Martin C Taylor                13 The Convener declared that Mr Ian M Macleod had been appointed to serve on the Duke of Edinburgh’s Award Committee.
Protection of Children (Scotland) Act 2003:  Implications for Elected Members	7		The Director of Corporate Services submitted a Report concerning the implications of the Protection of Children (Scotland) Act 2003 with regard to elected Members.  The provisions of the Act were summarised and the obligations on the Comhairle highlighted with regard to newly elected Members and, when a date had been agreed with Scottish Ministers, the commencement of the provisions for current Members, including religious representatives on the Committee. It was agreed to recommend that it be delegated to the Director of Corporate Services to ensure compliance with sections, 11 (3) (a) and (b) of the Act.
			COMMITTEES
Committee Decision Reports	8		The Committee Decision Reports were submitted as undernoted.  The Comhairle approved the recommendations in the Committee Decision Reports unless otherwise indicated: (a)        Arts and Leisure Committee – 14 June 2005
			(b) Housing Committee – 14 June 2005 A decision regarding Items 16 and 17 of the Housing Committee Decision Report was deferred and considered in conjunction with items 26 and 27 of the Policy and Resources Committee Decision Report, where the following was agreed: Item 16                 It was agreed that: (1) a Member/Officer Working Group comprising the following membership Chairman and Vice – Chairman of the Housing Committee, the Vice-Convener, Mr Alexander M Mackintosh, Member for the North Lochs Ward, Mr Donald Macdonald, Member for the Harris East Ward, the Director for Sustainable Communities, the Head of Housing Services, and the Director of Corporate Services be established to consider Gardening Support for Elderly Householders throughout the Western Isles, on the basis that the Group’s conclusions and recommendations would be reported to the Committee at its meeting in August 2005; and (2)           the remit of the Member/Officer Working Group be extended to include identifying possible funding. Item 17 It was agreed that: (1) the undeveloped site at Gearraidh Ghuirm, Coll held on the Housing Revenue Account be offered for sale to Muirneag Housing Association; and (2) the undeveloped site at Allt na Broige, Marybank, held on the Housing Revenue Account be offered for sale to Muirneag Housing Association; (3) the sale price for these sites be at the District Valuer’s valuation, subject to any necessary statutory approvals being sought and obtained and subject to the Director of Corporate Services confirming that the title deeds and Resumption Orders in respect of the land in question do not prohibit its development for the number of houses proposed; and (4)           in the event that the sale of these sites at the District Valuer’s valuation provided any difficulty to the purchaser, the matter be further reviewed.
			(c) Transportation Committee – 14 June 2005
			(d) Social Work Committee – 15 June 2005 At item 8 of the Social Work Committee Decision Report it was agreed to insert the following additional recommendation: It was agreed to recommend that a Report on the issues raised by Members, at the meeting of the Social Work Committee, regarding food preparation and assistance with food preparation be submitted to the next meeting of the Committee in August 2005.
			(e) Education and Children’s Services Committee – 15 June 2005 At Item 12(2) of the Education and Children’s Services Committee, it was agreed that the following members be added to the membership of the Review of S1/S2 Provision in S1/S2 Schools Member/Officer Working Group:  Mr Malcolm J Graham, Mr Archie K Campbell and Mr Ronald J Mackinnon.
			(f) Sustainable Development Committee – 15 June 2005 At item 11(v) of the Committee Decision Report, it was agreed to delete the word “affordable” and replace it with the word “social”.
			(g) Environmental Services Committee – 16 June 2005 Mr Angus Nicolson, seconded by Mr Donald Maclean, moved approval of Item 14 of the Environmental Services Committee Decision Report. Mr Ian M Macleod, seconded by Donald I Nicholson, moved as an amendment, in relation to item 14 of the Environmental Services Committee Decision Report that                 outline planning permission for a house at 18 Aignish be approved subject to the conditions contained in the Schedule of Proposed Conditions attached to the Report from the Director for Sustainable Communities dated 21 April 2005 and subject to the following additional condition:  notwithstanding the identification of notional plots on the submitted site plan, this permission is for one house only in accordance with the clarification received in the letter received on 27 June 2005. On the matter being put to the vote the amendment received the majority of the votes cast and became the finding of the meeting.                 At item 21 of the Environmental Services Committee Decision Report it was agreed to replace recommendation (2) as follows:                 additional provision of camper van toilet disposal points be limited to Ports of Entry and participating community run public convenience sites where camper van parking sites are available.  Capital works, accordingly, would be funded from the Ports of Entry or Community Environmental Improvement Capital Programme as appropriate and their maintenance incorporated into existing cleaning and maintenance contracts.
			(h) Commercial Operations Board – 20 June 2005
			(i) Environmental Services Committee – 28 June 2005 Mr Angus Nicolson, seconded by Mr Angus Campbell, moved approval of Item 2 of the Environmental Services Decision Report. Miss Samantha E L Hawkins, seconded by Mr Roderick Morrison, moved as an amendment that: Scottish Ministers be advised that the Comhairle, having taken account of the high volume of objections, is of the view that the application submitted by Lewis Wind Power Limited under sections 36 and 37 of the Electricity Act, 1989, for a 702 megawatt windfarm and associated infrastructure on the Isle of Lewis should be refused for the following principal reasons: (a) unacceptable level of visual impact; (b) harm to the integrity of the SPA and Ramsar site; (c) potential harm to protected species, including fish; (d) potential for damage to the land through peatslides; (e) potential harm to archaeology; (f) potential impact on the amenities of residents from construction and decommissioning works, and to a lesser degree, operation; (g) potential to harm the safe operation of the airport, coastguard service and NATS radar; and (h) potential to harm tourism.
		It was agreed in terms of Standing Order 53 that the vote be taken by roll call.  On the matter being put to the vote the vote was as follows:
		Motion		Amendment
		Mr Alex A MacDonald (Carloway)		Miss Samantha E L Hawkins (Port of Ness)
		Mr Angus Campbell (Newton)		Mr Iain Morrison (Barvas)
		Mr Norman A Macdonald (Uig)		Mr Roderick Morrison (Shawbost)
		Mr Angus M Graham (Gress)		Mr Neil Campbell (Laxdale)
		Mr Malcolm J Graham (Coll)		Mr Murdo Macleod (Manor Park)
		Mr George Lonie (Coulregrein)		Mrs Morag Munro (Harris West)
		Mr Angus Nicolson (Castle)		Mr Donald Macdonald (Harris East)
		Mr Norman L Macdonald (Goathill)		Mr Donald Maclean (Lochmaddy)
		Mr Angus McCormack (Plasterfield)
		Mr Donald I Nicholson (Braighe)
		Mr Norman M Macleod (Knock & Bayble)
		Mr Alexander M Mackintosh (North Lochs)
		Mrs Annie MacDonald (Lochs)
		Mr Archie Campbell (Paible)
		Mr Martin C Taylor (Benbecula North)
		Mr Peter Carlin (Eochar)
		Mr Ronald J Mackinnon (Loch Eynort)
		Mr Angus Macdonald (Daliburgh & Eriskay)
		Mr Donald Manford (Barra & Vatersay)
		The Chairman declared that the motion had been carried and became the finding of the meeting.
		Mr Angus Nicolson, seconded by Mr Angus Campbell, moved approval of Item 3 of the Environmental Services Decision Report. Mrs Morag Munro, seconded by Mr Donald Macdonald, moved as an amendment that: Scottish Ministers be advised that the Comhairle is of the view that the application submitted by Beinn Mhor Power under section 36 of the Electricity Act 1989 for a 399 megawatt windfarm and associated infrastructure on the Eishken Estate, Isle of Lewis should be refused for the following principal reasons: a)      The proposed development would have a harmful impact on an area of great scenic value and would intrude into part of the South Lewis, Harris and North Uist National Scenic Area.  It would therefore be in contradiction of the purposes of the NSA and to Development Plan and national policies that relate to the protection of NSAs; b)      The hilly terrain of the site and its prominence around the upper reaches of Loch Seaforth, would exacerbate the impact of the development and would mean that the access road network throughout the site would be prominent and would remain so after decommissioning of the windfarm; c) For these reasons, and given that the site occupies a prominent location at a point of great scenic value at the gateway to the NSA, it is considered that the area does not contain the landscape capacity to accommodate the proposed development;
		d)      When taking account of other proposals for windfarms in Lewis and Harris that either have planning permission, or are presently in the planning process, it is considered that there would be a danger of creating an unacceptable level of cumulative visual impact; e)      The hilly nature of the terrain and the large areas of peat within the site would be likely to render it particularly vulnerable to peat slides that could cause serious damage to the habitat, fisheries (including protected species), and landscape of the area; f) Although the proposal could bring socio economic benefits, it is considered that, on balance, these would be of insufficient weight to override the principal reasons for refusal mentioned above. It was agreed in terms of Standing Order 53 that the vote be taken by roll call.

On the matter being put to the vote the vote was as follows:
Motion	Amendment
Mr Alex A Macdonald (Carloway) Mr Angus Campbell (Newton)	Miss Samantha E L Hawkins (Port of Ness) Mr John Mackay (Dell)
Mr Norman A Macdonald (Uig)	Mr Iain Morrison (Barvas)
Mr Angus M Graham (Gress)	Mr Roderick Morrison (Shawbost)
Mr Malcolm J Graham (Coll)	Mr Murdo Macleod (Manor Park)
Mr Ian M Macleod (Blackwater)	Mrs Morag Munro (Harris West)
Mr Neil Campbell (Laxdale)	Mr Donald Macdonald (Harris East)
Mr George Lonie (Coulregrein)
Mr Angus Nicolson (Castle)
Mr Norman L Macdonald (Goathill)
Mr Angus McCormack (Plasterfield)
Mr Donald I Nicholson (Braighe)
Mr Norman M Macleod (Knock & Bayble)
Mr Alexander M Mackintosh (North Lochs)
Mrs Annie MacDonald (Lochs)
Mr Archie Campbell (Paible)
Mr Donald Maclean (Lochmaddy)
Mr Martin C Taylor (Benbecula North)
Mr Peter Carlin (Eochar)
Mr Ronald J Mackinnon (Loch Eynort)
Mr Angus Macdonald (Daliburgh & Eriskay)
Mr Donald Manford (Barra & Vatersay)
The Chairman declared that the motion had been carried and became the finding of the meeting.
(j) Policy and Resources Committee – 29 June 2005
In relation to Item 27 Mr Angus Campbell, seconded by Mr Norman A Macdonald, moved approval of the Policy and Resources Committee Decision Report. Mr George Lonie, seconded by Mr Angus M Graham, moved as an amendment, in relation to item 27 of the Decision Report, that: “the sale price for these sites be at the District Valuer’s valuation less 50% in line with previous disposals of land to Registered Social Landlords subject to any necessary statutory approvals being sought and obtained.” On the matter being put to the vote the motion received the majority of the votes cast and became the finding of the meeting.
At item 26(1) of the Policy and Resources Committee Decision Report it was agreed as follows: It was agreed that: (1)           a Member/Officer Working Group comprising the following membership Chairman and Vice – Chairman of the Housing Committee, the Vice-Convener, Mr Alexander M Mackintosh, Member for the North Lochs Ward, Mr Donald Macdonald, Member for the Harris East Ward, the Director for Sustainable Communities, the Head of Housing Services, and the Director of Corporate Services be established to consider Gardening Support for Elderly Householders throughout the Western Isles, on the basis that the Group’s conclusions and recommendations would be reported to the Committee at its meeting in August 2005; and (2)           the remit of the Member/Officer Working Group be extended to include identifying possible funding. At item 28(2) of the Policy and Resources Committee Decision Report it was agreed to replace recommendation (2) as follows: “a further update report be prepared at the earliest opportunity or to the February 2006 meeting of the Committee, at the latest.” At item 38(2) of the Policy and Resources Committee Decision Report it was agreed to delete the words “seek to” in the third line.
(k) Audit and Scrutiny Committee – 29 June 2005